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diff --git a/12463-h/12463-h.htm b/12463-h/12463-h.htm new file mode 100644 index 0000000..710db79 --- /dev/null +++ b/12463-h/12463-h.htm @@ -0,0 +1,19352 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html lang="en"> +<head> +<meta http-equiv="Content-Type" content="text/html; charset=UTF-8"> +<meta content="pg2html (binary v0.16)" + name="generator"> +<title>The Project Gutenberg eBook of + A Compilation of the Messages and Papers Of The Presidents, + by James D. Richardson. +</title> +<style type="text/css"> + <!-- + body { margin-left: 5%; margin-right: 5%; } + p { text-indent: 1em; + margin-top: .75em; + font-size: 100%; + text-align: justify; + margin-bottom: .75em; } + h1,h2,h3,h4,h5,h6 { text-align: center; } + hr { width: 50%; } + hr.full { width: 100%; } + .foot { margin-left: 10%; margin-right: 10%; text-align: justify; text-indent: -3em; font-size: 85%; } + center { padding: 0.8em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; font-size: 80%; } + .t { margin-left: 5%; margin-right: 5%; } + // --> +</style> +</head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 12463 ***</div> + +<div style="height: 8em;"><br><br><br><br><br><br><br><br></div> + +<h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS +</h1> +<center><b> + BY JAMES D. RICHARDSON +</b></center> +<p> + James K. Polk +</p> +<p> + March 4, 1845, to March 4, 1849 +</p> + +<hr> + +<a name="2H_4_0001"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + James K. Polk +</h2> +<p> + JAMES KNOX POLK was born in Mecklenburg County, N.C., November 2, 1795. + He was a son of Samuel Polk, a farmer, whose father, Ezekiel, and his + brother, Colonel Thomas Polk, one of the signers of the Mecklenburg + Declaration of Independence, were sons of Robert Polk (or Pollock), who + was born in Ireland and emigrated to America. His mother was Jane, + daughter of James Knox, a resident of Iredell County, N.C., and a + captain in the War of the Revolution. His father removed to Tennessee in + the autumn of 1806, and settled in the valley of Duck River, a tributary + of the Tennessee, in a section that was erected the following year into + the county of Maury; he died in 1827. James was brought up on the farm; + was inclined to study, and was fond of reading. He was sent to school, + and had succeeded in mastering the English branches when ill health + compelled his removal. Was then placed with a merchant, but, having a + strong dislike to commercial pursuits, soon returned home, and in July, + 1813, was given in charge of a private tutor. In 1815 entered the + sophomore class at the University of North Carolina. As a student he was + correct, punctual, and industrious. At his graduation in 1818 he was + officially acknowledged to be the best scholar in both the classics and + mathematics, and delivered the Latin salutatory. In 1847 the university + conferred upon him the degree of LL.D. In 1819 he entered the law office + of Felix Grundy, then at the head of the Tennessee bar. While pursuing + his legal studies he attracted the attention of Andrew Jackson, and an + intimacy was thus begun between the two men. In 1820 Mr. Polk was + admitted to the bar, and established himself at Columbia, the county + seat of Maury County. He attained immediate success, his career at the + bar only ending with his election to the governorship of Tennessee in + 1839. Brought up as a Jeffersonian and early taking an interest in + politics, he was frequently heard in public as an exponent of the views + of his party. His style of oratory was so popular that his services soon + came to be in great demand, and he was not long in earning the title of + the "Napoleon of the Stump." His first public employment was that of + principal clerk of the senate of the State of Tennessee. In 1823 was + elected a member of that body. In January, 1824, he married Sarah, + daughter of Joel Childress, a merchant of Rutherford County, Tenn. In + August, 1825, he was elected to Congress from the Duck River district, + and reelected at every succeeding election till 1839, when he withdrew + from the contest to become a candidate for governor. With one or two + exceptions, he was the youngest member of the Nineteenth Congress. He + was prominently connected with every leading question, and upon all he + struck what proved to be the keynote for the action of his party. His + maiden speech was in defense of the proposed amendment to the + Constitution giving the choice of the President and Vice-President + directly to the people. It at once placed him in the front rank of + Congressional debaters. He opposed the appropriation for the Panama + mission, asked for by President Adams, contending that such action would + tend to involve the United States in a war with Spain and establish an + unfortunate precedent. In December, 1827, he was placed on the Committee + on Foreign Affairs, and afterwards was also appointed chairman of the + select committee to which was referred that portion of President Adams's + message calling attention to the probable accumulation of a surplus in + the Treasury after the anticipated extinguishment of the national debt. + As the head of the latter committee he made a report denying the + constitutional power of Congress to collect from the people for + distribution a surplus beyond the wants of the Government, and + maintaining that the revenue should be reduced to the requirements of + the public service. During the whole period of President Jackson's + Administration he was one of its leading supporters, and at times its + chief reliance. Early in 1833, as a member of the Ways and Means + Committee, he made a minority report unfavorable to the Bank of the + United States. During the entire contest between the bank and President + Jackson, caused by the removal of the deposits in October, 1833, Mr. + Polk, as chairman of the Ways and Means Committee, supported the + Executive. He was elected Speaker of the House of Representatives in + December, 1835, and held that office till 1839. It was his fortune to + preside over the House at a period when party feelings were excited to + an unusual degree, and notwithstanding the fact that during the first + session more appeals were taken from his decisions than were ever known + before, he was uniformly sustained by the House, and frequently by + leading members of the Whig party. He gave to the Administration of + Martin Van Buren the same unhesitating support he had accorded to that + of President Jackson. On leaving Congress he became the candidate of the + Democrats of Tennessee for governor, and was elected by over 2,500 + majority. He was an unsuccessful candidate for governor again in 1841 + and 1843. In 1839 he was nominated by the legislatures of Tennessee and + other States for Vice-President of the United States, but Richard M. + Johnson, of Kentucky, was the choice of the great body of the Democratic + party, and was accordingly nominated. On May 27, 1844, Mr. Polk was + nominated for President of the United States by the national Democratic + convention at Baltimore, and on November 12 was elected, receiving about + 40,000 majority on the popular vote, and 170 electoral votes to 105 that + were cast for Henry Clay. He was inaugurated March 4, 1845. Among the + important events of his Administration were the establishment of the + United States Naval Academy; the consummation of the annexation of + Texas; the admission of Texas, Iowa, and Wisconsin as States; the war + with Mexico, resulting in a treaty of peace, by which the United States + acquired New Mexico and Upper California; the treaty with Great Britain + settling the Oregon boundary; the establishment of the "warehouse + system;" the reenactment of the independent-treasury system; the passage + of the act establishing the Smithsonian Institution; the treaty with New + Granada, the thirty-fifth article of which secured for citizens of the + United States the right of way across the Isthmus of Panama; and the + creation of the Department of the Interior. He declined to become a + candidate for reelection, and at the conclusion of his term retired to + his home in Nashville. He died June 15, 1849, and was buried at Polk + Place, in Nashville. September 19, 1893, the remains were removed by the + State to Capitol Square. +</p> +<a name="2H_4_0002"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + INAUGURAL ADDRESS. +</h2> +<p> + FELLOW-CITIZENS: Without solicitation on my part, I have been chosen by + the free and voluntary suffrages of my countrymen to the most honorable + and most responsible office on earth. I am deeply impressed with + gratitude for the confidence reposed in me. Honored with this + distinguished consideration at an earlier period of life than any of my + fxpredecessors, I can not disguise the diffidence with which I am about + to enter on the discharge of my official duties. +</p> +<p> + If the more aged and experienced men who have filled the office of + President of the United States even in the infancy of the Republic + distrusted their ability to discharge the duties of that exalted + station, what ought not to be the apprehensions of one so much younger + and less endowed now that our domain extends from ocean to ocean, that + our people have so greatly increased in numbers, and at a time when so + great diversity of opinion prevails in regard to the principles and + policy which should characterize the administration of our Government? + Well may the boldest fear and the wisest tremble when incurring + responsibilities on which may depend our country's peace and prosperity, + and in some degree the hopes and happiness of the whole human family. +</p> +<p> + In assuming responsibilities so vast I fervently invoke the aid of that + Almighty Ruler of the Universe in whose hands are the destinies of + nations and of men to guard this Heaven-favored land against the + mischiefs which without His guidance might arise from an unwise public + policy. With a firm reliance upon the wisdom of Omnipotence to sustain + and direct me in the path of duty which I am appointed to pursue, I + stand in the presence of this assembled multitude of my countrymen to + take upon myself the solemn obligation "to the best of my ability to + preserve, protect, and defend the Constitution of the United States." +</p> +<p> + A concise enumeration of the principles which will guide me in the + administrative policy of the Government is not only in accordance with + the examples set me by all my predecessors, but is eminently befitting + the occasion. +</p> +<p> + The Constitution itself, plainly written as it is, the safeguard of our + federative compact, the offspring of concession and compromise, binding + together in the bonds of peace and union this great and increasing + family of free and independent States, will be the chart by which I + shall be directed. +</p> +<p> + It will be my first care to administer the Government in the true spirit + of that instrument, and to assume no powers not expressly granted or + clearly implied in its terms. The Government of the United States is one + of delegated and limited powers, and it is by a strict adherence to the + clearly granted powers and by abstaining from the exercise of doubtful + or unauthorized implied powers that we have the only sure guaranty + against the recurrence of those unfortunate collisions between the + Federal and State authorities which have occasionally so much disturbed + the harmony of our system and even threatened the perpetuity of our + glorious Union. +</p> +<p> + "To the States, respectively, or to the people" have been reserved "the + powers not delegated to the United States by the Constitution nor + prohibited by it to the States." Each State is a complete sovereignty + within the sphere of its reserved powers. The Government of the Union, + acting within the sphere of its delegated authority, is also a complete + sovereignty. While the General Government should abstain from the + exercise of authority not clearly delegated to it, the States should be + equally careful that in the maintenance of their rights they do not + overstep the limits of powers reserved to them. One of the most + distinguished of my predecessors attached deserved importance to "the + support of the State governments in all their rights, as the most + competent administration for our domestic concerns and the surest + bulwark against antirepublican tendencies," and to the "preservation of + the General Government in its whole constitutional vigor, as the sheet + anchor of our peace at home and safety abroad." +</p> +<p> + To the Government of the United States has been intrusted the exclusive + management of our foreign affairs. Beyond that it wields a few general + enumerated powers. It does not force reform on the States. It leaves + individuals, over whom it casts its protecting influence, entirely free + to improve their own condition by the legitimate exercise of all their + mental and physical powers. It is a common protector of each and all the + States; of every man who lives upon our soil, whether of native or + foreign birth; of every religious sect, in their worship of the Almighty + according to the dictates of their own conscience; of every shade of + opinion, and the most free inquiry; of every art, trade, and occupation + consistent with the laws of the States. And we rejoice in the general + happiness, prosperity, and advancement of our country, which have been + the offspring of freedom, and not of power. +</p> +<p> + This most admirable and wisest system of well-regulated self-government + among men ever devised by human minds has been tested by its successful + operation for more than half a century, and if preserved from the + usurpations of the Federal Government on the one hand and the exercise + by the States of powers not reserved to them on the other, will, I + fervently hope and believe, endure for ages to come and dispense the + blessings of civil and religious liberty to distant generations. To + effect objects so dear to every patriot I shall devote myself with + anxious solicitude. It will be my desire to guard against that most + fruitful source of danger to the harmonious action of our system which + consists in substituting the mere discretion and caprice of the + Executive or of majorities in the legislative department of the + Government for powers which have been withheld from the Federal + Government by the Constitution. By the theory of our Government + majorities rule, but this right is not an arbitrary or unlimited one. It + is a right to be exercised in subordination to the Constitution and in + conformity to it. One great object of the Constitution was to restrain + majorities from oppressing minorities or encroaching upon their just + rights. Minorities have a right to appeal to the Constitution as a + shield against such oppression. +</p> +<p> + That the blessings of liberty which our Constitution secures may be + enjoyed alike by minorities and majorities, the Executive has been + wisely invested with a qualified veto upon the acts of the Legislature. + It is a negative power, and is conservative in its character. It arrests + for the time hasty, inconsiderate, or unconstitutional legislation, + invites reconsideration, and transfers questions at issue between the + legislative and executive departments to the tribunal of the people. + Like all other powers, it is subject to be abused. When judiciously and + properly exercised, the Constitution itself may be saved from infraction + and the rights of all preserved and protected. +</p> +<p> + The inestimable value of our Federal Union is felt and acknowledged by + all. By this system of united and confederated States our people are + permitted collectively and individually to seek their own happiness in + their own way, and the consequences have been most auspicious. Since the + Union was formed the number of the States has increased from thirteen to + twenty-eight; two of these have taken their position as members of the + Confederacy within the last week. Our population has increased from + three to twenty millions. New communities and States are seeking + protection under its ægis, and multitudes from the Old World are + flocking to our shores to participate in its blessings. Beneath its + benign sway peace and prosperity prevail. Freed from the burdens and + miseries of war, our trade and intercourse have extended throughout the + world. Mind, no longer tasked in devising means to accomplish or resist + schemes of ambition, usurpation, or conquest, is devoting itself to + man's true interests in developing his faculties and powers and the + capacity of nature to minister to his enjoyments. Genius is free to + announce its inventions and discoveries, and the hand is free to + accomplish whatever the head conceives not incompatible with the rights + of a fellow-being. All distinctions of birth or of rank have been + abolished. All citizens, whether native or adopted, are placed upon + terms of precise equality. All are entitled to equal rights and equal + protection. No union exists between church and state, and perfect + freedom of opinion is guaranteed to all sects and creeds. +</p> +<p> + These are some of the blessings secured to our happy land by our Federal + Union. To perpetuate them it is our sacred duty to preserve it. Who + shall assign limits to the achievements of free minds and free hands + under the protection of this glorious Union? No treason to mankind since + the organization of society would be equal in atrocity to that of him + who would lift his hand to destroy it. He would overthrow the noblest + structure of human wisdom, which protects himself and his fellow-man. He + would stop the progress of free government and involve his country + either in anarchy or despotism. He would extinguish the fire of liberty, + which warms and animates the hearts of happy millions and invites all + the nations of the earth to imitate our example. If he say that error + and wrong are committed in the administration of the Government, let him + remember that nothing human can be perfect, and that under no other + system of government revealed by Heaven or devised by man has reason + been allowed so free and broad a scope to combat error. Has the sword of + despots proved to be a safer or surer instrument of reform in government + than enlightened reason? Does he expect to find among the ruins of this + Union a happier abode for our swarming millions than they now have under + it? Every lover of his country must shudder at the thought of the + possibility of its dissolution, and will be ready to adopt the patriotic + sentiment, "Our Federal Union—it must be preserved." To preserve it the + compromises which alone enabled our fathers to form a common + constitution for the government and protection of so many States and + distinct communities, of such diversified habits, interests, and + domestic institutions, must be sacredly and religiously observed. Any + attempt to disturb or destroy these compromises, being terms of the + compact of union, can lead to none other than the most ruinous and + disastrous consequences. +</p> +<p> + It is a source of deep regret that in some sections of our country + misguided persons have occasionally indulged in schemes and agitations + whose object is the destruction of domestic institutions existing in + other sections—institutions which existed at the adoption of the + Constitution and were recognized and protected by it. All must see that + if it were possible for them to be successful in attaining their object + the dissolution of the Union and the consequent destruction of our happy + form of government must speedily follow. +</p> +<p> + I am happy to believe that at every period of our existence as a nation + there has existed, and continues to exist, among the great mass of our + people a devotion to the Union of the States which will shield and + protect it against the moral treason of any who would seriously + contemplate its destruction. To secure a continuance of that devotion + the compromises of the Constitution must not only be preserved, but + sectional jealousies and heartburnings must be discountenanced, and all + should remember that they are members of the same political family, + having a common destiny. To increase the attachment of our people to the + Union, our laws should be just. Any policy which shall tend to favor + monopolies or the peculiar interests of sections or classes must operate + to the prejudice of the interests of their fellow-citizens, and should + be avoided. If the compromises of the Constitution be preserved, if + sectional jealousies and heartburnings be discountenanced, if our laws + be just and the Government be practically administered strictly within + the limits of power prescribed to it, we may discard all apprehensions + for the safety of the Union. +</p> +<p> + With these views of the nature, character, and objects of the Government + and the value of the Union, I shall steadily oppose the creation of + those institutions and systems which in their nature tend to pervert it + from its legitimate purposes and make it the instrument of sections, + classes, and individuals. We need no national banks or other extraneous + institutions planted around the Government to control or strengthen it + in opposition to the will of its authors. Experience has taught us how + unnecessary they are as auxiliaries of the public authorities—how + impotent for good and how powerful for mischief. +</p> +<p> + Ours was intended to be a plain and frugal government, and I shall + regard it to be my duty to recommend to Congress and, as far as the + Executive is concerned, to enforce by all the means within my power the + strictest economy in the expenditure of the public money which may be + compatible with the public interests. +</p> +<p> + A national debt has become almost an institution of European monarchies. + It is viewed in some of them as an essential prop to existing + governments. Melancholy is the condition of that people whose government + can be sustained only by a system which periodically transfers large + amounts from the labor of the many to the coffers of the few. Such a + system is incompatible with the ends for which our republican Government + was instituted. Under a wise policy the debts contracted in our + Revolution and during the War of 1812 have been happily extinguished. By + a judicious application of the revenues not required for other necessary + purposes, it is not doubted that the debt which has grown out of the + circumstances of the last few years may be speedily paid off. +</p> +<p> + I congratulate my fellow-citizens on the entire restoration of the + credit of the General Government of the Union and that of many of the + States. Happy would it be for the indebted States if they were freed + from their liabilities, many of which were incautiously contracted. + Although the Government of the Union is neither in a legal nor a moral + sense bound for the debts of the States, and it would be a violation of + our compact of union to assume them, yet we can not but feel a deep + interest in seeing all the States meet their public liabilities and pay + off their just debts at the earliest practicable period. That they will + do so as soon as it can be done without imposing too heavy burdens on + their citizens there is no reason to doubt. The sound moral and + honorable feeling of the people of the indebted States can not be + questioned, and we are happy to perceive a settled disposition on their + part, as their ability returns after a season of unexampled pecuniary + embarrassment, to pay off all just demands and to acquiesce in any + reasonable measures to accomplish that object. +</p> +<p> + One of the difficulties which we have had to encounter in the practical + administration of the Government consists in the adjustment of our + revenue laws and the levy of the taxes necessary for the support of + Government. In the general proposition that no more money shall be + collected than the necessities of an economical administration shall + require all parties seem to acquiesce. Nor does there seem to be any + material difference of opinion as to the absence of right in the + Government to tax one section of country, or one class of citizens, or + one occupation, for the mere profit of another. "Justice and sound + policy forbid the Federal Government to foster one branch of industry to + the detriment of another, or to cherish the interests of one portion to + the injury of another portion of our common country." I have heretofore + declared to my fellow-citizens that "in my judgment it is the duty of + the Government to extend, as far as it may be practicable to do so, by + its revenue laws and all other means within its power, fair and just + protection to all the great interests of the whole Union, embracing + agriculture, manufactures, the mechanic arts, commerce, and navigation." + I have also declared my opinion to be "in favor of a tariff for + revenue," and that "in adjusting the details of such a tariff I have + sanctioned such moderate discriminating duties as would produce the + amount of revenue needed and at the same time afford reasonable + incidental protection to our home industry," and that I was "opposed to + a tariff for protection merely, and not for revenue." +</p> +<p> + The power "to lay and collect taxes, duties, imposts, and excises" was + an indispensable one to be conferred on the Federal Government, which + without it would possess no means of providing for its own support. + In executing this power by levying a tariff of duties for the support + of Government, the raising of <i>revenue</i> should be the <i>object</i> and + <i>protection</i> the <i>incident</i>. To reverse this principle and make + <i>protection</i> the <i>object</i> and <i>revenue</i> the <i>incident</i> would be to + inflict manifest injustice upon all other than the protected interests. + In levying duties for revenue it is doubtless proper to make such + discriminations within the <i>revenue principle</i> as will afford incidental + protection to our home interests. Within the revenue limit there is a + discretion to discriminate; beyond that limit the rightful exercise + of the power is not conceded. The incidental protection afforded to + our home interests by discriminations within the revenue range it is + believed will be ample. In making discriminations all our home interests + should as far as practicable be equally protected. The largest portion + of our people are agriculturists. Others are employed in manufactures, + commerce, navigation, and the mechanic arts. They are all engaged + in their respective pursuits, and their joint labors constitute the + national or home industry. To tax one branch of this home industry for + the benefit of another would be unjust. No one of these interests can + rightfully claim an advantage over the others, or to be enriched by + impoverishing the others. All are equally entitled to the fostering care + and protection of the Government. In exercising a sound discretion in + levying discriminating duties within the limit prescribed, care should + be taken that it be done in a manner not to benefit the wealthy few at + the expense of the toiling millions by taxing <i>lowest</i> the luxuries of + life, or articles of superior quality and high price, which can only be + consumed by the wealthy, and <i>highest</i> the necessaries of life, or + articles of coarse quality and low price, which the poor and great mass + of our people must consume. The burdens of government should as far as + practicable be distributed justly and equally among all classes of our + population. These general views, long entertained on this subject, + I have deemed it proper to reiterate. It is a subject upon which + conflicting interests of sections and occupations are supposed to exist, + and a spirit of mutual concession and compromise in adjusting its + details should be cherished by every part of our widespread country as + the only means of preserving harmony and a cheerful acquiescence of all + in the operation of our revenue laws. Our patriotic citizens in every + part of the Union will readily submit to the payment of such taxes as + shall be needed for the support of their Government, whether in peace or + in war, if they are so levied as to distribute the burdens as equally as + possible among them. +</p> +<p> + The Republic of Texas has made known her desire to come into our Union, + to form a part of our Confederacy and enjoy with us the blessings of + liberty secured and guaranteed by our Constitution. Texas was once a + part of our country—was unwisely ceded away to a foreign power—is now + independent, and possesses an undoubted right to dispose of a part or + the whole of her territory and to merge her sovereignty as a separate + and independent state in ours. I congratulate my country that by an act + of the late Congress of the United States the assent of this Government + has been given to the reunion, and it only remains for the two countries + to agree upon the terms to consummate an object so important to both. +</p> +<p> + I regard the question of annexation as belonging exclusively to the + United States and Texas. They are independent powers competent to + contract, and foreign nations have no right to interfere with them or + to take exceptions to their reunion. Foreign powers do not seem to + appreciate the true character of our Government. Our Union is a + confederation of independent States, whose policy is peace with each + other and all the world. To enlarge its limits is to extend the + dominions of peace over additional territories and increasing millions. + The world has nothing to fear from military ambition in our Government. + While the Chief Magistrate and the popular branch of Congress are + elected for short terms by the suffrages of those millions who must + in their own persons bear all the burdens and miseries of war, our + Government can not be otherwise than pacific. Foreign powers should + therefore look on the annexation of Texas to the United States not as + the conquest of a nation seeking to extend her dominions by arms and + violence, but as the peaceful acquisition of a territory once her own, + by adding another member to our confederation, with the consent of that + member, thereby diminishing the chances of war and opening to them new + and ever-increasing markets for their products. +</p> +<p> + To Texas the reunion is important, because the strong protecting arm of + our Government would be extended over her, and the vast resources of her + fertile soil and genial climate would be speedily developed, while the + safety of New Orleans and of our whole southwestern frontier against + hostile aggression, as well as the interests of the whole Union, would + be promoted by it. +</p> +<p> + In the earlier stages of our national existence the opinion prevailed + with some that our system of confederated States could not operate + successfully over an extended territory, and serious objections have at + different times been made to the enlargement of our boundaries. These + objections were earnestly urged when we acquired Louisiana. Experience + has shown that they were not well founded. The title of numerous Indian + tribes to vast tracts of country has been extinguished; new States have + been admitted into the Union; new Territories have been created and + our jurisdiction and laws extended over them. As our population has + expanded, the Union has been cemented and strengthened. As our + boundaries have been enlarged and our agricultural population has + been spread over a large surface, our federative system has acquired + additional strength and security. It may well be doubted whether it + would not be in greater danger of overthrow if our present population + were confined to the comparatively narrow limits of the original + thirteen States than it is now that they are sparsely settled over a + more expanded territory. It is confidently believed that our system may + be safely extended to the utmost bounds of our territorial limits, and + that as it shall be extended the bonds of our Union, so far from being + weakened, will become stronger. +</p> +<p> + None can fail to see the danger to our safety and future peace if Texas + remains an independent state or becomes an ally or dependency of some + foreign nation more powerful than herself. Is there one among our + citizens who would not prefer perpetual peace with Texas to occasional + wars, which so often occur between bordering independent nations? Is + there one who would not prefer free intercourse with her to high duties + on all our products and manufactures which enter her ports or cross + her frontiers? Is there one who would not prefer an unrestricted + communication with her citizens to the frontier obstructions which must + occur if she remains out of the Union? Whatever is good or evil in the + local institutions of Texas will remain her own whether annexed to the + United States or not. None of the present States will be responsible for + them any more than they are for the local institutions of each other. + They have confederated together for certain specified objects. Upon the + same principle that they would refuse to form a perpetual union with + Texas because of her local institutions our forefathers would have been + prevented from forming our present Union. Perceiving no valid objection + to the measure and many reasons for its adoption vitally affecting the + peace, the safety, and the prosperity of both countries, I shall on the + broad principle which formed the basis and produced the adoption of our + Constitution, and not in any narrow spirit of sectional policy, endeavor + by all constitutional, honorable, and appropriate means to consummate + the expressed will of the people and Government of the United States by + the reannexation of Texas to our Union at the earliest practicable + period. +</p> +<p> + Nor will it become in a less degree my duty to assert and maintain by + all constitutional means the right of the United States to that portion + of our territory which lies beyond the Rocky Mountains. Our title to the + country of the Oregon is "clear and unquestionable," and already are our + people preparing to perfect that title by occupying it with their wives + and children. But eighty years ago our population was confined on the + west by the ridge of the Alleghanies. Within that period—within the + lifetime, I might say, of some of my hearers—our people, increasing to + many millions, have filled the eastern valley of the Mississippi, + adventurously ascended the Missouri to its headsprings, and are already + engaged in establishing the blessings of self-government in valleys of + which the rivers flow to the Pacific. The world beholds the peaceful + triumphs of the industry of our emigrants. To us belongs the duty of + protecting them adequately wherever they may be upon our soil. The + jurisdiction of our laws and the benefits of our republican institutions + should be extended over them in the distant regions which they have + selected for their homes. The increasing facilities of intercourse will + easily bring the States, of which the formation in that part of our + territory can not be long delayed, within the sphere of our federative + Union. In the meantime every obligation imposed by treaty or + conventional stipulations should be sacredly respected. +</p> +<p> + In the management of our foreign relations it will be my aim to observe + a careful respect for the rights of other nations, while our own will be + the subject of constant watchfulness. Equal and exact justice should + characterize all our intercourse with foreign countries. All alliances + having a tendency to jeopard the welfare and honor of our country or + sacrifice any one of the national interests will be studiously avoided, + and yet no opportunity will be lost to cultivate a favorable + understanding with foreign governments by which our navigation and + commerce may be extended and the ample products of our fertile soil, as + well as the manufactures of our skillful artisans, find a ready market + and remunerating prices in foreign countries. +</p> +<p> + In taking "care that the laws be faithfully executed," a strict + performance of duty will be exacted from all public officers. From + those officers, especially, who are charged with the collection and + disbursement of the public revenue will prompt and rigid accountability + be required. Any culpable failure or delay on their part to account for + the moneys intrusted to them at the times and in the manner required by + law will in every instance terminate the official connection of such + defaulting officer with the Government. +</p> +<p> + Although in our country the Chief Magistrate must almost of necessity be + chosen by a party and stand pledged to its principles and measures, yet + in his official action he should not be the President of a part only, + but of the whole people of the United States. While he executes the laws + with an impartial hand, shrinks from no proper responsibility, and + faithfully carries out in the executive department of the Government the + principles and policy of those who have chosen him, he should not be + unmindful that our fellow-citizens who have differed with him in opinion + are entitled to the full and free exercise of their opinions and + judgments, and that the rights of all are entitled to respect and + regard. +</p> +<p> + Confidently relying upon the aid and assistance of the coordinate + departments of the Government in conducting our public affairs, I enter + upon the discharge of the high duties which have been assigned me by the + people, again humbly supplicating that Divine Being who has watched over + and protected our beloved country from its infancy to the present hour + to continue His gracious benedictions upon us, that we may continue to + be a prosperous and happy people. +</p> +<p> + MARCH 4, 1845. +</p> +<a name="2H_4_0003"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>March 15, </i>1845. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received and maturely considered the two resolutions adopted by + the Senate in executive session on the 12th instant, the first + requesting the President to communicate information to the Senate (in + confidence) of any steps which have been taken, if any were taken, by + the late President in execution of the resolution of Congress entitled + "A joint resolution for the annexation of Texas to the United States," + and if any such steps have been taken, then to inform the Senate whether + anything has been done by him to counteract, suspend, or reverse the + action of the late President in the premises; and the second requesting + the President "to inform the Senate what communications have been made + by the Mexican minister in consequence of the proceedings of Congress + and the Executive in relation to Texas." +</p> +<p> + With the highest respect for the Senate and a sincere desire to furnish + all the information requested by the first resolution, I yet entertain + strong apprehensions lest such a communication might delay and + ultimately endanger the success of the great measure which Congress so + earnestly sought to accomplish by the passage of the "joint resolution + for the annexation of Texas to the United States." The initiatory + proceedings which have been adopted by the Executive to give effect to + this resolution can not, therefore, in my judgment, at this time and + under existing circumstances, be communicated without injury to the + public interest. +</p> +<p> + In conformity with the second resolution, I herewith transmit to the + Senate the copy of a note, dated on the 6th instant, addressed by + General Almonte, envoy extraordinary and minister plenipotentiary of the + Mexican Republic, to the Hon. John C. Calhoun, late Secretary of State, + which is the only communication that has been made by the Mexican + minister to the Department of State since the passage of the joint + resolution of Congress for the annexation of Texas; and I also transmit + a copy of the answer of the Secretary of State to this note of the + Mexican minister. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<a name="2H_4_0004"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<p class="r"> + WASHINGTON CITY, <i>June 16, 1845</i>. +</p> +<p> + Andrew Jackson is no more. He departed this life on Sunday, the 8th + instant, full of days and full of honors. His country deplores his loss, + and will ever cherish his memory. Whilst a nation mourns it is proper + that business should be suspended, at least for one day, in the + Executive Departments, as a tribute of respect to the illustrious dead. +</p> +<p> + I accordingly direct that the Departments of State, the Treasury, War, + the Navy, the Post-Office, the office of the Attorney-General, and the + Executive Mansion be instantly put into mourning, and that they be + closed during the whole day to-morrow. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<center> + GENERAL ORDERS, NO. 27. +</center> +<p class="r"> + WAR DEPARTMENT, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, June 16, 1845</i>. +</p> +<p> + The following general order of the President, received through the War + Department, announces to the Army the death of the illustrious + ex-President, General Andrew Jackson: +</p> +<center> + GENERAL ORDER. +</center> +<p class="r"> + WASHINGTON, <i>June 16, 1845</i>. +</p> +<p> + The President of the United States with heartfelt sorrow announces to + the Army, the Navy, and the Marine Corps the death of Andrew Jackson. On + the evening of Sunday, the 8th day of June, about 6 o'clock, he resigned + his spirit to his Heavenly Father. The nation, while it learns with + grief the death of its most illustrious citizen, finds solace in + contemplating his venerable character and services. The Valley of the + Mississippi beheld in him the bravest and wisest and most fortunate of + its defenders; the country raised him to the highest trusts in military + and in civil life with a confidence that never abated and an affection + that followed him in undiminished vigor to retirement, watched over his + latest hours, and pays its tribute at his grave. Wherever his lot was + cast he appeared among those around him first in natural endowments and + resources, not less than first in authority and station. The power of + his mind impressed itself on the policy of his country, and still lives, + and will live forever in the memory of its people. Child of a forest + region and a settler of the wilderness, his was a genius which, as it + came to the guidance of affairs, instinctively attached itself to + general principles, and inspired by the truth which his own heart + revealed to him in singleness and simplicity, he found always a response + in the breast of his countrymen. Crowned with glory in war, in his whole + career as a statesman he showed himself the friend and lover of peace. + With an American heart, whose throbs were all for republican freedom and + his native land, he yet longed to promote the widest intercourse and + most intimate commerce between the many nations of mankind. He was the + servant of humanity. Of a vehement will, he was patient in council, + deliberating long, hearing all things, yet in the moment of action + deciding with rapidity. Of a noble nature and incapable of disguise, his + thoughts lay open to all around him and won their confidence by his + ingenuous frankness. His judgment was of that solidity that he ever + tempered vigor with prudence. The flushings of anger could never cloud + his faculties, but rather kindled and lighted them up, quickening their + energy without disturbing their balance. In war his eye at a glance + discerned his plans with unerring sagacity; in peace he proposed + measures with an instinctive wisdom of which the inspirations were + prophecy. In discipline stern, in a just resolution inflexible, he was + full of the gentlest affections, ever ready to solace the distressed and + to relieve the needy, faithful to his friends, fervid for his country. + Indifferent to other rewards, he aspired throughout life to an honorable + fame, and so loved his fellow-men that he longed to dwell in their + affectionate remembrance. Heaven gave him length of days and he filled + them with deeds of greatness. He was always happy—happy in his youth, + which shared the achievement of our national independence; happy in his + after years, which beheld the Valley of the West cover itself with the + glory of free and ever-increasing States; happy in his age, which saw + the people multiply from two to twenty millions and freedom and union + make their pathway from the Atlantic to the Pacific; thrice happy in + death, for while he believed the liberties of his country imperishable + and was cheered by visions of its constant advancement, he departed from + this life in a full hope of a blessed immortality through the merits and + atonement of the Redeemer. +</p> +<p> + Officers of the Army, the Navy, and the Marine Corps will wear crape on + the left arm and on their swords and the colors of the several regiments + will be put in mourning for the period of six months. At the naval + stations and the public vessels in commission the flags will be worn at + half-mast for one week, and on the day after this order is received + twenty-one minute guns will be fired, beginning at 12 o'clock. +</p> +<p> + At each military station the day after the reception of this order the + national flag will be displayed at half-staff from sunrise to sunset, + thirteen guns will be fired at daybreak, half-hour guns during the day, + and at the close of the day a general salute. The troops will be paraded + at 10 o'clock and this order read to them, on which the labors of the + day will cease. +</p> +<p> + Let the virtues of the illustrious dead retain their influence, and when + energy and courage are called to trial emulate his example. +</p> +<p class="r"> +GEORGE BANCROFT,<br> + <i>Acting Secretary of War, and Secretary of the Navy</i>. +</p> +<p><br> +By order:<br> + R. JONES,<br> + <i>Adjutant-General</i>. +</p> +<a name="2H_4_0005"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FIRST ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 2, 1845</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + It is to me a source of unaffected satisfaction to meet the + representatives of the States and the people in Congress assembled, as + it will be to receive the aid of their combined wisdom in the + administration of public affairs. In performing for the first time the + duty imposed on me by the Constitution of giving to you information of + the state of the Union and recommending to your consideration such + measures as in my judgment are necessary and expedient, I am happy that + I can congratulate you on the continued prosperity of our country. Under + the blessings of Divine Providence and the benign influence of our free + institutions, it stands before the world a spectacle of national + happiness. +</p> +<p> + With our unexampled advancement in all the elements of national + greatness, the affection of the people is confirmed for the Union of the + States and for the doctrines of popular liberty which lie at the + foundation of our Government. +</p> +<p> + It becomes us in humility to make our devout acknowledgments to the + Supreme Ruler of the Universe for the inestimable civil and religious + blessings with which we are favored. +</p> +<p> + In calling the attention of Congress to our relations with foreign + powers, I am gratified to be able to state that though with some of them + there have existed since your last session serious causes of irritation + and misunderstanding, yet no actual hostilities have taken place. + Adopting the maxim in the conduct of our foreign affairs "to ask nothing + that is not right and submit to nothing that is wrong," it has been my + anxious desire to preserve peace with all nations, but at the same time + to be prepared to resist aggression and maintain all our just rights. +</p> +<p> + In pursuance of the joint resolution of Congress "for annexing Texas to + the United States," my predecessor, on the 3d day of March, 1845, + elected to submit the first and second sections of that resolution to + the Republic of Texas as an overture on the part of the United States + for her admission as a State into our Union. This election I approved, + and accordingly the chargé d'affaires of the United States in Texas, + under instructions of the 10th of March, 1845, presented these sections + of the resolution for the acceptance of that Republic. The executive + government, the Congress, and the people of Texas in convention have + successively complied with all the terms and conditions of the joint + resolution. A constitution for the government of the State of Texas, + formed by a convention of deputies, is herewith laid before Congress. It + is well known, also, that the people of Texas at the polls have accepted + the terms of annexation and ratified the constitution. I communicate to + Congress the correspondence between the Secretary of State and our + chargé d'affaires in Texas, and also the correspondence of the latter + with the authorities of Texas, together with the official documents + transmitted by him to his own Government. The terms of annexation which + were offered by the United States having been accepted by Texas, the + public faith of both parties is solemnly pledged to the compact of their + union. Nothing remains to consummate the event but the passage of an act + by Congress to admit the State of Texas into the Union upon an equal + footing with the original States. Strong reasons exist why this should + be done at an early period of the session. It will be observed that by + the constitution of Texas the existing government is only continued + temporarily till Congress can act, and that the third Monday of the + present month is the day appointed for holding the first general + election. On that day a governor, a lieutenant-governor, and both + branches of the legislature will be chosen by the people. The President + of Texas is required, immediately after the receipt of official + information that the new State has been admitted into our Union by + Congress, to convene the legislature, and upon its meeting the existing + government will be superseded and the State government organized. + Questions deeply interesting to Texas, in common with the other States, + the extension of our revenue laws and judicial system over her people + and territory, as well as measures of a local character, will claim the + early attention of Congress, and therefore upon every principle of + republican government she ought to be represented in that body without + unnecessary delay. I can not too earnestly recommend prompt action on + this important subject. As soon as the act to admit Texas as a State + shall be passed the union of the two Republics will be consummated by + their own voluntary consent. +</p> +<p> + This accession to our territory has been a bloodless achievement. No arm + of force has been raised to produce the result. The sword has had no + part in the victory. We have not sought to extend our territorial + possessions by conquest, or our republican institutions over a reluctant + people. It was the deliberate homage of each people to the great + principle of our federative union. If we consider the extent of + territory involved in the annexation, its prospective influence on + America, the means by which it has been accomplished, springing purely + from the choice of the people themselves to share the blessings of our + union, the history of the world may be challenged to furnish a parallel. + The jurisdiction of the United States, which at the formation of the + Federal Constitution was bounded by the St. Marys on the Atlantic, has + passed the capes of Florida and been peacefully extended to the Del + Norte. In contemplating the grandeur of this event it is not to be + forgotten that the result was achieved in despite of the diplomatic + interference of European monarchies. Even France, the country which had + been our ancient ally, the country which has a common interest with us + in maintaining the freedom of the seas, the country which, by the + cession of Louisiana, first opened to us access to the Gulf of Mexico, + the country with which we have been every year drawing more and more + closely the bonds of successful commerce, most unexpectedly, and to our + unfeigned regret, took part in an effort to prevent annexation and to + impose on Texas, as a condition of the recognition of her independence + by Mexico, that she would never join herself to the United States. We + may rejoice that the tranquil and pervading influence of the American + principle of self-government was sufficient to defeat the purposes of + British and French interference, and that the almost unanimous voice of + the people of Texas has given to that interference a peaceful and + effective rebuke. From this example European Governments may learn how + vain diplomatic arts and intrigues must ever prove upon this continent + against that system of self-government which seems natural to our soil, + and which will ever resist foreign interference. +</p> +<p> + Toward Texas I do not doubt that a liberal and generous spirit will + actuate Congress in all that concerns her interests and prosperity, and + that she will never have cause to regret that she has united her "lone + star" to our glorious constellation. +</p> +<p> + I regret to inform you that our relations with Mexico since your last + session have not been of the amicable character which it is our desire + to cultivate with all foreign nations. On the 6th day of March last the + Mexican envoy extraordinary and minister plenipotentiary to the United + States made a formal protest in the name of his Government against the + joint resolution passed by Congress "for the annexation of Texas to the + United States," which he chose to regard as a violation of the rights of + Mexico, and in consequence of it he demanded his passports. He was + informed that the Government of the United States did not consider this + joint resolution as a violation of any of the rights of Mexico, or that + it afforded any just cause of offense to his Government; that the + Republic of Texas was an independent power, owing no allegiance to + Mexico and constituting no part of her territory or rightful sovereignty + and jurisdiction. He was also assured that it was the sincere desire of + this Government to maintain with that of Mexico relations of peace and + good understanding. That functionary, however, notwithstanding these + representations and assurances, abruptly terminated his mission and + shortly afterwards left the country. Our envoy extraordinary and + minister plenipotentiary to Mexico was refused all official intercourse + with that Government, and, after remaining several months, by the + permission of his own Government he returned to the United States. Thus, + by the acts of Mexico, all diplomatic intercourse between the two + countries was suspended. +</p> +<p> + Since that time Mexico has until recently occupied an attitude of + hostility toward the United States—has been marshaling and organizing + armies, issuing proclamations, and avowing the intention to make war on + the United States, either by an open declaration or by invading Texas. + Both the Congress and convention of the people of Texas invited this + Government to send an army into that territory to protect and defend + them against the menaced attack. The moment the terms of annexation + offered by the United States were accepted by Texas the latter became so + far a part of our own country as to make it our duty to afford such + protection and defense. I therefore deemed it proper, as a precautionary + measure, to order a strong squadron to the coasts of Mexico and to + concentrate an efficient military force on the western frontier of + Texas. Our Army was ordered to take position in the country between the + Nueces and the Del Norte, and to repel any invasion of the Texan + territory which might be attempted by the Mexican forces. Our squadron + in the Gulf was ordered to cooperate with the Army. But though our Army + and Navy were placed in a position to defend our own and the rights of + Texas, they were ordered to commit no act of hostility against Mexico + unless she declared war or was herself the aggressor by striking the + first blow. The result has been that Mexico has made no aggressive + movement, and our military and naval commanders have executed their + orders with such discretion that the peace of the two Republics has not + been disturbed. Texas had declared her independence and maintained it by + her arms for more than nine years. She has had an organized government + in successful operation during that period. Her separate existence as an + independent state had been recognized by the United States and the + principal powers of Europe. Treaties of commerce and navigation had been + concluded with her by different nations, and it had become manifest to + the whole world that any further attempt on the part of Mexico to + conquer her or overthrow her Government would be vain. Even Mexico + herself had become satisfied of this fact, and whilst the question of + annexation was pending before the people of Texas during the past summer + the Government of Mexico, by a formal act, agreed to recognize the + independence of Texas on condition that she would not annex herself to + any other power. The agreement to acknowledge the independence of Texas, + whether with or without this condition, is conclusive against Mexico. + The independence of Texas is a fact conceded by Mexico herself, and she + had no right or authority to prescribe restrictions as to the form of + government which Texas might afterwards choose to assume. But though + Mexico can not complain of the United States on account of the + annexation of Texas, it is to be regretted that serious causes of + misunderstanding between the two countries continue to exist, growing + out of unredressed injuries inflicted by the Mexican authorities and + people on the persons and property of citizens of the United States + through a long series of years. Mexico has admitted these injuries, but + has neglected and refused to repair them. Such was the character of the + wrongs and such the insults repeatedly offered to American citizens and + the American flag by Mexico, in palpable violation of the laws of + nations and the treaty between the two countries of the 5th of April, + 1831, that they have been repeatedly brought to the notice of Congress + by my predecessors. As early as the 6th of February, 1837, the President + of the United States declared in a message to Congress that— +</p> +<p class="q"> + The length of time since some of the injuries have been committed, the + repeated and unavailing applications for redress, the wanton character + of some of the outrages upon the property and persons of our citizens, + upon the officers and flag of the United States, independent of recent + insults to this Government and people by the late extraordinary Mexican + minister, would justify in the eyes of all nations immediate war. +</p> +<p> + He did not, however, recommend an immediate resort to this extreme + measure, which, he declared, "should not be used by just and generous + nations, confiding in their strength for injuries committed, if it can + be honorably avoided," but, in a spirit of forbearance, proposed that + another demand be made on Mexico for that redress which had been so long + and unjustly withheld. In these views committees of the two Houses of + Congress, in reports made to their respective bodies, concurred. Since + these proceedings more than eight years have elapsed, during which, in + addition to the wrongs then complained of, others of an aggravated + character have been committed on the persons and property of our + citizens. A special agent was sent to Mexico in the summer of 1838 with + full authority to make another and final demand for redress. The demand + was made; the Mexican Government promised to repair the wrongs of which + we complained, and after much delay a treaty of indemnity with that view + was concluded between the two powers on the 11th of April, 1839, and was + duly ratified by both Governments. By this treaty a joint commission was + created to adjudicate and decide on the claims of American citizens on + the Government of Mexico. The commission was organized at Washington on + the 25th day of August, 1840. Their time was limited to eighteen months, + at the expiration of which they had adjudicated and decided claims + amounting to $2,026,139.68 in favor of citizens of the United States + against the Mexican Government, leaving a large amount of claims + undecided. Of the latter the American commissioners had decided in favor + of our citizens claims amounting to $928,627.88, which were left unacted + on by the umpire authorized by the treaty. Still further claims, + amounting to between three and four millions of dollars, were submitted + to the board too late to be considered, and were left undisposed of. The + sum of $2,026,139.68, decided by the board, was a liquidated and + ascertained debt due by Mexico to the claimants, and there was no + justifiable reason for delaying its payment according to the terms of + the treaty. It was not, however, paid. Mexico applied for further + indulgence, and, in that spirit of liberality and forbearance which has + ever marked the policy of the United States toward that Republic, the + request was granted, and on the 30th of January, 1843, a new treaty was + concluded. By this treaty it was provided that the interest due on the + awards in favor of claimants under the convention of the 11th of April, + 1839, should be paid on the 30th of April, 1843, and that— +</p> +<p class="q"> + The principal of the said awards and the interest accruing thereon + shall be paid in five years, in equal installments every three months, + the said term of five years to commence on the 30th day of April, 1843, + aforesaid. +</p> +<p> + The interest due on the 30th day of April, 1843, and the three first of + the twenty installments have been paid. Seventeen of these installments + remain unpaid, seven of which are now due. +</p> +<p> + The claims which were left undecided by the joint commission, amounting + to more than $3,000,000, together with other claims for spoliations on + the property of our citizens, were subsequently presented to the Mexican + Government for payment, and were so far recognized that a treaty + providing for their examination and settlement by a joint commission was + concluded and signed at Mexico on the 20th day of November, 1843. This + treaty was ratified by the United States with certain amendments to + which no just exception could have been taken, but it has not yet + received the ratification of the Mexican Government. In the meantime our + citizens, who suffered great losses—and some of whom have been reduced + from affluence to bankruptcy—are without remedy unless their rights be + enforced by their Government. Such a continued and unprovoked series of + wrongs could never have been tolerated by the United States had they + been committed by one of the principal nations of Europe. Mexico was, + however, a neighboring sister republic, which, following our example, + had achieved her independence, and for whose success and prosperity all + our sympathies were early enlisted. The United States were the first to + recognize her independence and to receive her into the family of + nations, and have ever been desirous of cultivating with her a good + understanding. We have therefore borne the repeated wrongs she has + committed with great patience, in the hope that a returning sense of + justice would ultimately guide her councils and that we might, if + possible, honorably avoid any hostile collision with her. Without the + previous authority of Congress the Executive possessed no power to adopt + or enforce adequate remedies for the injuries we had suffered, or to do + more than to be prepared to repel the threatened aggression on the part + of Mexico. After our Army and Navy had remained on the frontier and + coasts of Mexico for many weeks without any hostile movement on her + part, though her menaces were continued, I deemed it important to put an + end, if possible, to this state of things. With this view I caused steps + to be taken in the month of September last to ascertain distinctly and + in an authentic form what the designs of the Mexican Government + were—whether it was their intention to declare war, or invade Texas, or + whether they were disposed to adjust and settle in an amicable manner + the pending differences between the two countries. On the 9th of + November an official answer was received that the Mexican Government + consented to renew the diplomatic relations which had been suspended in + March last, and for that purpose were willing to accredit a minister + from the United States. With a sincere desire to preserve peace and + restore relations of good understanding between the two Republics, I + waived all ceremony as to the manner of renewing diplomatic intercourse + between them, and, assuming the initiative, on the 10th of November a + distinguished citizen of Louisiana was appointed envoy extraordinary and + minister plenipotentiary to Mexico, clothed with full powers to adjust + and definitively settle all pending differences between the two + countries, including those of boundary between Mexico and the State of + Texas. The minister appointed has set out on his mission and is probably + by this time near the Mexican capital. He has been instructed to bring + the negotiation with which he is charged to a conclusion at the earliest + practicable period, which it is expected will be in time to enable me to + communicate the result to Congress during the present session. Until + that result is known I forbear to recommend to Congress such ulterior + measures of redress for the wrongs and injuries we have so long borne as + it would have been proper to make had no such negotiation been + instituted. +</p> +<p> + Congress appropriated at the last session the sum of $275,000 for the + payment of the April and July installments of the Mexican indemnities + for the year 1844: +</p> +<p class="q"> + Provided it shall be ascertained to the satisfaction of the American + Government that said installments have been paid by the Mexican + Government to the agent appointed by the United States to receive the + same in such manner as to discharge all claim on the Mexican Government, + and said agent to be delinquent in remitting the money to the United + States. +</p> +<p> + The unsettled state of our relations with Mexico has involved this + subject in much mystery. The first information in an authentic form from + the agent of the United States, appointed under the Administration of my + predecessor, was received at the State Department on the 9th of November + last. This is contained in a letter, dated the 17th of October, + addressed by him to one of our citizens then in Mexico with a view of + having it communicated to that Department. From this it appears that the + agent on the 20th of September, 1844, gave a receipt to the treasury of + Mexico for the amount of the April and July installments of the + indemnity. In the same communication, however, he asserts that he had + not received a single dollar in cash, but that he holds such securities + as warranted him at the time in giving the receipt, and entertains no + doubt but that he will eventually obtain the money. As these + installments appear never to have been actually paid by the Government + of Mexico to the agent, and as that Government has not, therefore, been + released so as to discharge the claim, I do not feel myself warranted in + directing payment to be made to the claimants out of the Treasury + without further legislation. Their case is undoubtedly one of much + hardship, and it remains for Congress to decide whether any, and what, + relief ought to be granted to them. Our minister to Mexico has been + instructed to ascertain the facts of the case from the Mexican + Government in an authentic and official form and report the result with + as little delay as possible. +</p> +<p> + My attention was early directed to the negotiation which on the 4th + of March last I found pending at Washington between the United States + and Great Britain on the subject of the Oregon Territory. Three several + attempts had been previously made to settle the questions in dispute + between the two countries by negotiation upon the principle of compromise, + but each had proved unsuccessful. These negotiations took place + at London in the years 1818, 1824, and 1826—the two first under the + Administration of Mr. Monroe and the last under that of Mr. Adams. +</p> +<p> + The negotiation of 1818, having failed to accomplish its object, + resulted in the convention of the 20th of October of that year. By the + third article of that convention it was— +</p> +<p class="q"> + Agreed that any country that may be claimed by either party on the + northwest coast of America westward of the Stony Mountains shall, + together with its harbors, bays, and creeks, and the navigation of all + rivers within the same, be free and open for the term of ten years from + the date of the signature of the present convention to the vessels, + citizens, and subjects of the two powers; it being well understood that + this agreement is not to be construed to the prejudice of any claim + which either of the two high contracting parties may have to any part of + the said country, nor shall it be taken to affect the claims of any + other power or state to any part of the said country, the only object of + the high contracting parties in that respect being to prevent disputes + and differences amongst themselves. +</p> +<p> + The negotiation of 1824 was productive of no result, and the convention + of 1818 was left unchanged. +</p> +<p> + The negotiation of 1826, having also failed to effect an adjustment by + compromise, resulted in the convention of August 6, 1827, by which it + was agreed to continue in force for an indefinite period the provisions + of the third article of the convention of the 20th of October, 1818; and + it was further provided that— +</p> +<p class="q"> + It shall be competent, however, to either of the contracting parties, + in case either should think fit, at any time after the 20th of October, + 1828, on giving due notice of twelve months to the other contracting + party, to annul and abrogate this convention; and it shall in such case + be accordingly entirely annulled and abrogated after the expiration of + the said term of notice. +</p> +<p> + In these attempts to adjust the controversy the parallel of the + forty-ninth degree of north latitude had been offered by the United + States to Great Britain, and in those of 1818 and 1826, with a further + concession of the free navigation of the Columbia River south of that + latitude. The parallel of the forty-ninth degree from the Rocky + Mountains to its intersection with the northeasternmost branch of the + Columbia, and thence down the channel of that river to the sea, had been + offered by Great Britain, with an addition of a small detached territory + north of the Columbia. Each of these propositions had been rejected by + the parties respectively. In October, 1843, the envoy extraordinary and + minister plenipotentiary of the United States in London was authorized + to make a similar offer to those made in 1818 and 1826. Thus stood the + question when the negotiation was shortly afterwards transferred to + Washington, and on the 23d of August, 1844, was formally opened under + the direction of my immediate predecessor. Like all the previous + negotiations, it was based upon principles of "compromise," and the + avowed purpose of the parties was "to treat of the respective claims of + the two countries to the Oregon Territory with the view to establish a + permanent boundary between them westward of the Rocky Mountains to the + Pacific Ocean." +</p> +<p> + Accordingly, on the 26th of August, 1844, the British plenipotentiary + offered to divide the Oregon Territory by the forty-ninth parallel of + north latitude from the Rocky Mountains to the point of its intersection + with the northeasternmost branch of the Columbia River, and thence down + that river to the sea, leaving the free navigation of the river to be + enjoyed in common by both parties, the country south of this line to + belong to the United States and that north of it to Great Britain. At + the same time he proposed in addition to yield to the United States a + detached territory north of the Columbia extending along the Pacific and + the Straits of Fuca from Bulfinchs Harbor, inclusive, to Hoods Canal, + and to make free to the United States any port or ports south of + latitude 49° which they might desire, either on the mainland or on + Quadra and Vancouvers Island. With the exception of the free ports, this + was the same offer which had been made by the British and rejected by + the American Government in the negotiation of 1826. This proposition was + properly rejected by the American plenipotentiary on the day it was + submitted. This was the only proposition of compromise offered by the + British plenipotentiary. The proposition on the part of Great Britain + having been rejected, the British plenipotentiary requested that a + proposal should be made by the United States for "an equitable + adjustment of the question." When I came into office I found this to be + the state of the negotiation. Though entertaining the settled conviction + that the British pretensions of title could not be maintained to any + portion of the Oregon Territory upon any principle of public law + recognized by nations, yet in deference to what had been done by my + predecessors, and especially in consideration that propositions of + compromise had been thrice made by two preceding Administrations to + adjust the question on the parallel of 49°, and in two of them yielding + to Great Britain the free navigation of the Columbia, and that the + pending negotiation had been commenced on the basis of compromise, I + deemed it to be my duty not abruptly to break it off. In consideration, + too, that under the conventions of 1818 and 1827 the citizens and + subjects of the two powers held a joint occupancy of the country, I was + induced to make another effort to settle this long-pending controversy + in the spirit of moderation which had given birth to the renewed + discussion. A proposition was accordingly made, which was rejected by + the British plenipotentiary, who, without submitting any other + proposition, suffered the negotiation on his part to drop, expressing + his trust that the United States would offer what he saw fit to call + "some further proposal for the settlement of the Oregon question more + consistent with fairness and equity and with the reasonable expectations + of the British Government." The proposition thus offered and rejected + repeated the offer of the parallel of 49° of north latitude, which had + been made by two preceding Administrations, but without proposing to + surrender to Great Britain, as they had done, the free navigation of the + Columbia River. The right of any foreign power to the free navigation of + any of our rivers through the heart of our country was which I was + unwilling to concede. I also embraced a provision to make free to Great + Britain any port or ports on the cap of Quadra and Vancouvers Island + south of this parallel. Had this been a new question, coming under + discussion for the first time, this proposition would not have been + made. The extraordinary and wholly inadmissible demands of the British + Government and the rejection of the proposition made in deference alone + to what had been done by my predecessors and the implied obligation + which their acts seemed to impose afford satisfactory evidence that no + compromise which the United States ought to accept can be effected. With + this conviction the proposition of compromise which had been made and + rejected was by my direction subsequently withdrawn and our title to the + whole Oregon Territory asserted, and, as is believed, maintained by + irrefragable facts and arguments. +</p> +<p> + The civilized world will see in these proceedings a spirit of liberal + concession on the part of the United States, and this Government will be + relieved from all responsibility which may follow the failure to settle + the controversy. +</p> +<p> + All attempts at compromise having failed, it becomes the duty of + Congress to consider what measures it may be proper to adopt for the + security and protection of our citizens now inhabiting or who may + hereafter inhabit Oregon, and for the maintenance of our just title to + that Territory. In adopting measures for this purpose care should be + taken that nothing be done to violate the stipulations of the convention + of 1827, which is still in force. The faith of treaties, in their letter + and spirit, has ever been, and, I trust, will ever be, scrupulously + observed by the United States. Under that convention a year's notice is + required to be given by either party to the other before the joint + occupancy shall terminate and before either can rightfully assert or + exercise exclusive jurisdiction over any portion of the territory. This + notice it would, in my judgment, be proper to give, and I recommend that + provision be made by law for giving it accordingly, and terminating in + this manner the convention of the 6th of August, 1827. +</p> +<p> + It will become proper for Congress to determine what legislation they + can in the meantime adopt without violating this convention. Beyond all + question the protection of our laws and our jurisdiction, civil and + criminal, ought to be immediately extended over our citizens in Oregon. + They have had just cause to complain of our long neglect in this + particular, and have in consequence been compelled for their own + security and protection to establish a provisional government for + themselves. Strong in their allegiance and ardent in their attachment to + the United States, they have been thus cast upon their own resources. + They are anxious that our laws should be extended over them, and I + recommend that this be done by Congress with as little delay as possible + in the full extent to which the British Parliament have proceeded in + regard to British subjects in that Territory by their act of July 2, + 1821, "for regulating the fur trade and establishing a criminal and + civil jurisdiction within certain parts of North America." By this act + Great Britain extended her laws and jurisdiction, civil and criminal, + over her subjects engaged in the fur trade in that Territory. By it the + courts of the Province of Upper Canada were empowered to take cognizance + of causes civil and criminal. Justices of the peace and other judicial + officers were authorized to be appointed in Oregon with power to execute + all process issuing from the courts of that Province, and to "sit and + hold courts of record for the trial of criminal offenses and + misdemeanors" not made the subject of capital punishment, and also of + civil cases where the cause of action shall not "exceed in value the + amount or sum of £200." +</p> +<p> + Subsequent to the date of this act of Parliament a grant was made from + the "British Crown" to the Hudsons Bay Company of the exclusive trade + with the Indian tribes in the Oregon Territory, subject to a reservation + that it shall not operate to the exclusion "of the subjects of any + foreign states who, under or by force of any convention for the time + being between us and such foreign states, respectively, may be entitled + to and shall be engaged in the said trade." It is much to be regretted + that while under this act British subjects have enjoyed the protection + of British laws and British judicial tribunals throughout the whole of + Oregon, American citizens in the same Territory have enjoyed no such + protection from their Government. At the same time, the result + illustrates the character of our people and their institutions. In spite + of this neglect they have multiplied, and their number is rapidly + increasing in that Territory. They have made no appeal to arms, but have + peacefully fortified themselves in their new homes by the adoption of + republican institutions for themselves, furnishing another example of + the truth that self-government is inherent in the American breast and + must prevail. It is due to them that they should be embraced and + protected by our laws. It is deemed important that our laws regulating + trade and intercourse with the Indian tribes east of the Rocky Mountains + should be extended to such tribes as dwell beyond them. The increasing + emigration to Oregon and the care and protection which is due from the + Government to its citizens in that distant region make it our duty, as + it is our interest, to cultivate amicable relations with the Indian + tribes of that Territory. For this purpose I recommend that provision be + made for establishing an Indian agency and such subagencies as may be + deemed necessary beyond the Rocky Mountains. +</p> +<p> + For the protection of emigrants whilst on their way to Oregon against + the attacks of the Indian tribes occupying the country through which + they pass, I recommend that a suitable number of stockades and + blockhouse forts be erected along the usual route between our frontier + settlements on the Missouri and the Rocky Mountains, and that an + adequate force of mounted riflemen be raised to guard and protect them + on their journey. The immediate adoption of these recommendations by + Congress will not violate the provisions of the existing treaty. It will + be doing nothing more for American citizens than British laws have long + since done for British subjects in the same territory. +</p> +<p> + It requires several months to perform the voyage by sea from the + Atlantic States to Oregon, and although we have a large number of whale + ships in the Pacific, but few of them afford an opportunity of + interchanging intelligence without great delay between our settlements + in that distant region and the United States. An overland mail is + believed to be entirely practicable, and the importance of establishing + such a mail at least once a month is submitted to the favorable + consideration of Congress. +</p> +<p> + It is submitted to the wisdom of Congress to determine whether at their + present session, and until after the expiration of the year's notice, + any other measures may be adopted consistently with the convention of + 1827 for the security of our rights and the government and protection of + our citizens in Oregon. That it will ultimately be wise and proper to + make liberal grants of land to the patriotic pioneers who amidst + privations and dangers lead the way through savage tribes inhabiting the + vast wilderness intervening between our frontier settlements and Oregon, + and who cultivate and are ever ready to defend the soil, I am fully + satisfied. To doubt whether they will obtain such grants as soon as the + convention between the United States and Great Britain shall have ceased + to exist would be to doubt the justice of Congress; but, pending the + year's notice, it is worthy of consideration whether a stipulation to + this effect may be made consistently with the spirit of that convention. +</p> +<p> + The recommendations which I have made as to the best manner of securing + our rights in Oregon are submitted to Congress with great deference. + Should they in their wisdom devise any other mode better calculated to + accomplish the same object, it shall meet with my hearty concurrence. +</p> +<p> + At the end of the year's notice, should Congress think it proper to make + provision for giving that notice, we shall have reached a period when + the national rights in Oregon must either be abandoned or firmly + maintained. That they can not be abandoned without a sacrifice of both + national honor and interest is too clear to admit of doubt. +</p> +<p> + Oregon is a part of the North American continent, to which, it is + confidently affirmed, the title of the United States is the best now in + existence. For the grounds on which that title rests I refer you to the + correspondence of the late and present Secretary of State with the + British plenipotentiary during the negotiation. The British proposition + of compromise, which would make the Columbia the line south of 49°, with + a trifling addition of detached territory to the United States north of + that river, and would leave on the British side two-thirds of the whole + Oregon Territory, including the free navigation of the Columbia and all + the valuable harbors on the Pacific, can never for a moment be + entertained by the United States without an abandonment of their just + and clear territorial rights, their own self-respect, and the national + honor. For the information of Congress, I communicate herewith the + correspondence which took place between the two Governments during the + late negotiation. +</p> +<p> + The rapid extension of our settlements over our territories heretofore + unoccupied, the addition of new States to our Confederacy, the expansion + of free principles, and our rising greatness as a nation are attracting + the attention of the powers of Europe, and lately the doctrine has been + broached in some of them of a "balance of power" on this continent to + check our advancement. The United States, sincerely desirous of + preserving relations of good understanding with all nations, can not in + silence permit any European interference on the North American + continent, and should any such interference be attempted will be ready + to resist it at any and all hazards. +</p> +<p> + It is well known to the American people and to all nations that this + Government has never interfered with the relations subsisting between + other governments. We have never made ourselves parties to their wars or + their alliances; we have not sought their territories by conquest; we + have not mingled with parties in their domestic struggles; and believing + our own form of government to be the best, we have never attempted to + propagate it by intrigues, by diplomacy, or by force. We may claim on + this continent a like exemption from European interference. The nations + of America are equally sovereign and independent with those of Europe. + They possess the same rights, independent of all foreign interposition, + to make war, to conclude peace, and to regulate their internal affairs. + The people of the United States can not, therefore, view with + indifference attempts of European powers to interfere with the + independent action of the nations on this continent. The American system + of government is entirely different from that of Europe. Jealousy among + the different sovereigns of Europe, lest any one of them might become + too powerful for the rest, has caused them anxiously to desire the + establishment of what they term the "balance of power." It can not be + permitted to have any application on the North American continent, and + especially to the United States. We must ever maintain the principle + that the people of this continent alone have the right to decide their + own destiny. Should any portion of them, constituting an independent + state, propose to unite themselves with our Confederacy, this will be a + question for them and us to determine without any foreign interposition. + We can never consent that European powers shall interfere to prevent + such a union because it might disturb the "balance of power" which they + may desire to maintain upon this continent. Near a quarter of a century + ago the principle was distinctly announced to the world, in the annual + message of one of my predecessors, that— +</p> +<p class="q"> + The American continents, by the free and independent condition which + they have assumed and maintain, are henceforth not to be considered + as subjects for future colonization by any European powers. +</p> +<p> + This principle will apply with greatly increased force should any + European power attempt to establish any new colony in North America. In + the existing circumstances of the world the present is deemed a proper + occasion to reiterate and reaffirm the principle avowed by Mr. Monroe + and to state my cordial concurrence in its wisdom and sound policy. The + reassertion of this principle, especially in reference to North America, + is at this day but the promulgation of a policy which no European power + should cherish the disposition to resist. Existing rights of every + European nation should be respected, but it is due alike to our safety + and our interests that the efficient protection of our laws should be + extended over our whole territorial limits, and that it should be + distinctly announced to the world as our settled policy that no future + European colony or dominion shall with our consent be planted or + established on any part of the North American continent. +</p> +<p> + A question has recently arisen under the tenth article of the subsisting + treaty between the United States and Prussia. By this article the + consuls of the two countries have the right to sit as judges and + arbitrators "in such differences as may arise between the captains and + crews of the vessels belonging to the nation whose interests are + committed to their charge without the interference of the local + authorities, unless the conduct of the crews or of the captain should + disturb the order or tranquillity of the country, or the said consuls + should require their assistance to cause their decisions to be carried + into effect or supported." +</p> +<p> + The Prussian consul at New Bedford in June, 1844, applied to Mr. Justice + Story to carry into effect a decision made by him between the captain + and crew of the Prussian ship <i>Borussia</i>, but the request was refused on + the ground that without previous legislation by Congress the judiciary + did not possess the power to give effect to this article of the treaty. + The Prussian Government, through their minister here, have complained of + this violation of the treaty, and have asked the Government of the + United States to adopt the necessary measures to prevent similar + violations hereafter. Good faith to Prussia, as well as to other nations + with whom we have similar treaty stipulations, requires that these + should be faithfully observed. I have deemed it proper, therefore, to + lay the subject before Congress and to recommend such legislation as may + be necessary to give effect to these treaty obligations. +</p> +<p> + By virtue of an arrangement made between the Spanish Government and that + of the United States in December, 1831, American vessels, since the 20th + of April, 1832, have been admitted to entry in the ports of Spain, + including those of the Balearic and Canary islands, on payment of the + same tonnage duty of 5 cents per ton, as though they had been Spanish + vessels; and this whether our vessels arrive in Spain directly from the + United States or indirectly from any other country. When Congress, by + the act of 13th July, 1832, gave effect to this arrangement between the + two Governments, they confined the reduction of tonnage duty merely to + Spanish vessels "coming from a port in Spain," leaving the former + discriminating duty to remain against such vessels coming from a port in + any other country. It is manifestly unjust that whilst American vessels + arriving in the ports of Spain from other countries pay no more duty + than Spanish vessels, Spanish vessels arriving in the ports of the + United States from other countries should be subjected to heavy + discriminating tonnage duties. This is neither equality nor reciprocity, + and is in violation of the arrangement concluded in December, 1831, + between the two countries. The Spanish Government have made repeated and + earnest remonstrances against this inequality, and the favorable + attention of Congress has been several times invoked to the subject by + my predecessors. I recommend, as an act of justice to Spain, that this + inequality be removed by Congress and that the discriminating duties + which have been levied under the act of the 13th of July, 1832, on + Spanish vessels coming to the United States from any other foreign + country be refunded. This recommendation does not embrace Spanish + vessels arriving in the United States from Cuba and Porto Rico, which + will still remain subject to the provisions of the act of June 30, 1834, + concerning tonnage duty on such vessels. By the act of the 14th of July, + 1832, coffee was exempted from duty altogether. This exemption was + universal, without reference to the country where it was produced or the + national character of the vessel in which it was imported. By the tariff + act of the 30th of August, 1842, this exemption from duty was restricted + to coffee imported in American vessels from the place of its production, + whilst coffee imported under all other circumstances was subjected to a + duty of 20 per cent <i>ad valorem</i>. Under this act and our existing treaty + with the King of the Netherlands Java coffee imported from the European + ports of that Kingdom into the United States, whether in Dutch or + American vessels, now pays this rate of duty. The Government of the + Netherlands complains that such a discriminating duty should have been + imposed on coffee the production of one of its colonies, and which is + chiefly brought from Java to the ports of that Kingdom and exported from + thence to foreign countries. Our trade with the Netherlands is highly + beneficial to both countries and our relations with them have ever been + of the most friendly character. Under all the circumstances of the case, + I recommend that this discrimination should be abolished and that the + coffee of Java imported from the Netherlands be placed upon the same + footing with that imported directly from Brazil and other countries + where it is produced. +</p> +<p> + Under the eighth section of the tariff act of the 30th of August, 1842, + a duty of 15 cents per gallon was imposed on port wine in casks, while + on the red wines of several other countries, when imported in casks, a + duty of only 6 cents per gallon was imposed. This discrimination, so far + as regarded the port wine of Portugal, was deemed a violation of our + treaty with that power, which provides that— +</p> +<p class="q"> + No higher or other duties shall be imposed on the importation into + the United States of America of any article the growth, produce, or + manufacture of the Kingdom and possessions of Portugal than such as + are or shall be payable on the like article being the growth, produce, + or manufacture of any other foreign country. +</p> +<p> + Accordingly, to give effect to the treaty as well as to the intention of + Congress, expressed in a proviso to the tariff act itself, that nothing + therein contained should be so construed as to interfere with subsisting + treaties with foreign nations, a Treasury circular was issued on the + 16th of July, 1844, which, among other things, declared the duty on the + port wine of Portugal, in casks, under the existing laws and treaty to + be 6 cents per gallon, and directed that the excess of duties which had + been collected on such wine should be refunded. By virtue of another + clause in the same section of the act it is provided that all imitations + of port or any other wines "shall be subject to the duty provided for + the genuine article." Imitations of port wine, the production of France, + are imported to some extent into the United States, and the Government + of that country now claims that under a correct construction of the act + these imitations ought not to pay a higher duty than that imposed upon + the original port wine of Portugal. It appears to me to be unequal and + unjust that French imitations of port wine should be subjected to a duty + of 15 cents, while the more valuable article from Portugal should pay a + duty of 6 cents only per gallon. I therefore recommend to Congress such + legislation as may be necessary to correct the inequality. +</p> +<p> + The late President, in his annual message of December last, recommended + an appropriation to satisfy the claims of the Texan Government against + the United States, which had been previously adjusted so far as the + powers of the Executive extend. These claims arose out of the act of + disarming a body of Texan troops under the command of Major Snively by + an officer in the service of the United States, acting under the orders + of our Government, and the forcible entry into the custom-house at + Bryarlys Landing, on Red River, by certain citizens of the United States + and taking away therefrom the goods seized by the collector of the + customs as forfeited under the laws of Texas. This was a liquidated debt + ascertained to be due to Texas when an independent state. Her acceptance + of the terms of annexation proposed by the United States does not + discharge or invalidate the claim. I recommend that provision be made + for its payment. +</p> +<p> + The commissioner appointed to China during the special session of the + Senate in March last shortly afterwards set out on his mission in the + United States ship <i>Columbus</i>. On arriving at Rio de Janeiro on his + passage the state of his health had become so critical that by the + advice of his medical attendants he returned to the United States early + in the month of October last. Commodore Biddle, commanding the East + India Squadron, proceeded on his voyage in the <i>Columbus</i>, and was + charged by the commissioner with the duty of exchanging with the proper + authorities the ratifications of the treaty lately concluded with the + Emperor of China. Since the return of the commissioner to the United + States his health has been much improved, and he entertains the + confident belief that he will soon be able to proceed on his mission. +</p> +<p> + Unfortunately, differences continue to exist among some of the nations + of South America which, following our example, have established their + independence, while in others internal dissensions prevail. It is + natural that our sympathies should be warmly enlisted for their welfare; + that we should desire that all controversies between them should be + amicably adjusted and their Governments administered in a manner to + protect the rights and promote the prosperity of their people. It is + contrary, however, to our settled policy to interfere in their + controversies, whether external or internal. +</p> +<p> + I have thus adverted to all the subjects connected with our foreign + relations to which I deem it necessary to call your attention. Our + policy is not only peace with all, but good will toward all the powers + of the earth. While we are just to all, we require that all shall be + just to us. Excepting the differences with Mexico and Great Britain, our + relations with all civilized nations are of the most satisfactory + character. It is hoped that in this enlightened age these differences + may be amicably adjusted. +</p> +<p> + The Secretary of the Treasury in his annual report to Congress will + communicate a full statement of the condition of our finances. The + imports for the fiscal year ending on the 30th of June last were of the + value of $117,254,564, of which the amount exported was $15,346,830, + leaving a balance of $101,907,734 for domestic consumption. The exports + for the same year were of the value of $114,646,606, of which the amount + of domestic articles was $99,299,776. The receipts into the Treasury + during the same year were $29,769,133.56, of which there were derived + from customs $27,528,112.70, from sales of public lands $2,077,022.30, + and from incidental and miscellaneous sources $163,998.56. The + expenditures for the same period were $29,968,206.98, of which + $8,588,157.62 were applied to the payment of the public debt. The + balance in the Treasury on the 1st of July last was $7,658,306.22. The + amount of the public debt remaining unpaid on the 1st of October last + was $17,075,445.52. Further payments of the public debt would have been + made, in anticipation of the period of its reimbursement under the + authority conferred upon the Secretary of the Treasury by the acts of + July 21, 1841, and of April 15, 1842, and March 3, 1843, had not the + unsettled state of our relations with Mexico menaced hostile collision + with that power. In view of such a contingency it was deemed prudent to + retain in the Treasury an amount unusually large for ordinary purposes. +</p> +<p> + A few years ago our whole national debt growing out of the Revolution + and the War of 1812 with Great Britain was extinguished, and we + presented to the world the rare and noble spectacle of a great and + growing people who had fully discharged every obligation. Since that + time the existing debt has been contracted, and, small as it is in + comparison with the similar burdens of most other nations, it should be + extinguished at the earliest practicable period. Should the state of the + country permit, and especially if our foreign relations interpose no + obstacle, it is contemplated to apply all the moneys in the Treasury as + they accrue, beyond what is required for the appropriations by Congress, + to its liquidation. I cherish the hope of soon being able to + congratulate the country on its recovering once more the lofty position + which it so recently occupied. Our country, which exhibits to the world + the benefits of self-government, in developing all the sources of + national prosperity owes to mankind the permanent example of a nation + free from the blighting influence of a public debt. +</p> +<p> + The attention of Congress is invited to the importance of making + suitable modifications and reductions of the rates of duty imposed by + our present tariff laws. The object of imposing duties on imports should + be to raise revenue to pay the necessary expenses of Government. + Congress may undoubtedly, in the exercise of a sound discretion, + discriminate in arranging the rates of duty on different articles, but + the discriminations should be within the revenue standard and be made + with the view to raise money for the support of Government. +</p> +<p> + It becomes important to understand distinctly what is meant by a revenue + standard the maximum of which should not be exceeded in the rates of + duty imposed. It is conceded, and experience proves, that duties may be + laid so high as to diminish or prohibit altogether the importation of + any given article, and thereby lessen or destroy the revenue which at + lower rates would be derived from its importation. Such duties exceed + the revenue rates and are not imposed to raise money for the support of + Government. If Congress levy a duty for revenue of 1 per cent on a given + article, it will produce a given amount of money to the Treasury and + will incidentally and necessarily afford protection or advantage to the + amount of 1 per cent to the home manufacturer of a similar or like + article over the importer. If the duty be raised to 10 per cent, it will + produce a greater amount of money and afford greater protection. If it + be still raised to 20, 25, or 30 per cent, and if as it is raised the + revenue derived from it is found to be increased, the protection or + advantage will also be increased; but if it be raised to 31 per cent, + and it is found that the revenue produced at that rate is less than at + 30 per cent, it ceases to be a revenue duty. The precise point in the + ascending scale of duties at which it is ascertained from experience + that the revenue is greatest is the maximum rate of duty which can be + laid for the <i>bona fide</i> purpose of collecting money for the support of + Government. To raise the duties higher than that point, and thereby + diminish the amount collected, is to levy them for protection merely, + and not for revenue. As long, then, as Congress may gradually increase + the rate of duty on a given article, and the revenue is increased by + such increase of duty, they are within the revenue standard. When they + go beyond that point, and as they increase the duties, the revenue is + diminished or destroyed; the act ceases to have for its object the + raising of money to support Government, but is for protection merely. It + does not follow that Congress should levy the highest duty on all + articles of import which they will bear within the revenue standard, for + such rates would probably produce a much larger amount than the + economical administration of the Government would require. Nor does it + follow that the duties on all articles should be at the same or a + horizontal rate. Some articles will bear a much higher revenue duty than + others. Below the maximum of the revenue standard Congress may and ought + to discriminate in the rates imposed, taking care so to adjust them on + different articles as to produce in the aggregate the amount which, when + added to the proceeds of the sales of public lands, may be needed to pay + the economical expenses of the Government. +</p> +<p> + In levying a tariff of duties Congress exercise the taxing power, and + for purposes of revenue may select the objects of taxation. They may + exempt certain articles altogether and permit their importation free of + duty. On others they may impose low duties. In these classes should be + embraced such articles of necessity as are in general use, and + especially such as are consumed by the laborer and poor as well as by + the wealthy citizen. Care should be taken that all the great interests + of the country, including manufactures, agriculture, commerce, + navigation, and the mechanic arts, should, as far as may be practicable, + derive equal advantages from the incidental protection which a just + system of revenue duties may afford. Taxation, direct or indirect, is a + burden, and it should be so imposed as to operate as equally as may be + on all classes in the proportion of their ability to bear it. To make + the taxing power an actual benefit to one class necessarily increases + the burden of the others beyond their proportion, and would be + manifestly unjust. The terms "protection to domestic industry" are of + popular import, but they should apply under a just system to all the + various branches of industry in our country. The farmer or planter who + toils yearly in his fields is engaged in "domestic industry," and is as + much entitled to have his labor "protected" as the manufacturer, the man + of commerce, the navigator, or the mechanic, who are engaged also in + "domestic industry" in their different pursuits. The joint labors of all + these classes constitute the aggregate of the "domestic industry" of the + nation, and they are equally entitled to the nation's "protection." No + one of them can justly claim to be the exclusive recipient of + "protection," which can only be afforded by increasing burdens on the + "domestic industry" of the others. +</p> +<p> + If these views be correct, it remains to inquire how far the tariff act + of 1842 is consistent with them. That many of the provisions of that act + are in violation of the cardinal principles here laid down all must + concede. The rates of duty imposed by it on some articles are + prohibitory and on others so high as greatly to diminish importations + and to produce a less amount of revenue than would be derived from lower + rates. They operate as "protection merely" to one branch of "domestic + industry" by taxing other branches. +</p> +<p> + By the introduction of minimums, or assumed and false values, and by the + imposition of specific duties the injustice and inequality of the act of + 1842 in its practical operations on different classes and pursuits are + seen and felt. Many of the oppressive duties imposed by it under the + operation of these principles range from 1 per cent to more than 200 per + cent. They are prohibitory on some articles and partially so on others, + and bear most heavily on articles of common necessity and but lightly on + articles of luxury. It is so framed that much the greatest burden which + it imposes is thrown on labor and the poorer classes, who are least able + to bear it, while it protects capital and exempts the rich from paying + their just proportion of the taxation required for the support of + Government. While it protects the capital of the wealthy manufacturer + and increases his profits, it does not benefit the operatives or + laborers in his employment, whose wages have not been increased by it. + Articles of prime necessity or of coarse quality and low price, used by + the masses of the people, are in many instances subjected by it to heavy + taxes, while articles of finer quality and higher price, or of luxury, + which can be used only by the opulent, are lightly taxed. It imposes + heavy and unjust burdens on the farmer, the planter, the commercial man, + and those of all other pursuits except the capitalist who has made his + investments in manufactures. All the great interests of the country are + not as nearly as may be practicable equally protected by it. +</p> +<p> + The Government in theory knows no distinction of persons or classes, and + should not bestow upon some favors and privileges which all others may + not enjoy. It was the purpose of its illustrious founders to base the + institutions which they reared upon the great and unchanging principles + of justice and equity, conscious that if administered in the spirit in + which they were conceived they would be felt only by the benefits which + they diffused, and would secure for themselves a defense in the hearts + of the people more powerful than standing armies and all the means and + appliances invented to sustain governments founded in injustice and + oppression. +</p> +<p> + The well-known fact that the tariff act of 1842 was passed by a majority + of one vote in the Senate and two in the House of Representatives, and + that some of those who felt themselves constrained, under the peculiar + circumstances existing at the time, to vote in its favor, proclaimed its + defects and expressed their determination to aid in its modification on + the first opportunity, affords strong and conclusive evidence that it + was not intended to be permanent, and of the expediency and necessity of + its thorough revision. +</p> +<p> + In recommending to Congress a reduction of the present rates of duty and + a revision and modification of the act of 1842, I am far from + entertaining opinions unfriendly to the manufacturers. On the contrary, + I desire to see them prosperous as far as they can be so without + imposing unequal burdens on other interests. The advantage under any + system of indirect taxation, even within the revenue standard, must be + in favor of the manufacturing interest, and of this no other interest + will complain. +</p> +<p> + I recommend to Congress the abolition of the minimum principle, or + assumed, arbitrary, and false values, and of specific duties, and the + substitution in their place of <i>ad valorem</i> duties as the fairest and + most equitable indirect tax which can be imposed. By the <i>ad valorem</i> + principle all articles are taxed according to their cost or value, and + those which are of inferior quality or of small cost bear only the just + proportion of the tax with those which are of superior quality or + greater cost. The articles consumed by all are taxed at the same rate. A + system of <i>ad valorem</i> revenue duties, with proper discriminations and + proper guards against frauds in collecting them, it is not doubted will + afford ample incidental advantages to the manufacturers and enable them + to derive as great profits as can be derived from any other regular + business. It is believed that such a system strictly within the revenue + standard will place the manufacturing interests on a stable footing and + inure to their permanent advantage, while it will as nearly as may be + practicable extend to all the great interests of the country the + incidental protection which can be afforded by our revenue laws. Such a + system, when once firmly established, would be permanent, and not be + subject to the constant complaints, agitations, and changes which must + ever occur when duties are not laid for revenue, but for the "protection + merely" of a favored interest. +</p> +<p> + In the deliberations of Congress on this subject it is hoped that a + spirit of mutual concession and compromise between conflicting interests + may prevail, and that the result of their labors may be crowned with the + happiest consequences. +</p> +<p> + By the Constitution of the United States it is provided that "no money + shall be drawn from the Treasury but in consequence of appropriations + made by law." A public treasury was undoubtedly contemplated and + intended to be created, in which the public money should be kept from + the period of collection until needed for public uses. In the collection + and disbursement of the public money no agencies have ever been employed + by law except such as were appointed by the Government, directly + responsible to it and under its control. The safe-keeping of the public + money should be confided to a public treasury created by law and under + like responsibility and control. It is not to be imagined that the + framers of the Constitution could have intended that a treasury should + be created as a place of deposit and safe-keeping of the public money + which was irresponsible to the Government. The first Congress under the + Constitution, by the act of the 2d of September, 1789, "to establish the + Treasury Department," provided for the appointment of a Treasurer, and + made it his duty "to receive and keep the moneys of the United States" + and "at all times to submit to the Secretary of the Treasury and the + Comptroller, or either of them, the inspection of the moneys in his + hands." +</p> +<p> + That banks, national or State, could not have been intended to be used + as a substitute for the Treasury spoken of in the Constitution as + keepers of the public money is manifest from the fact that at that time + there was no national bank, and but three or four State banks, of + limited capital, existed in the country. Their employment as + depositories was at first resorted to to a limited extent, but with no + avowed intention of continuing them permanently in place of the Treasury + of the Constitution. When they were afterwards from time to time + employed, it was from motives of supposed convenience. Our experience + has shown that when banking corporations have been the keepers of the + public money, and been thereby made in effect the Treasury, the + Government can have no guaranty that it can command the use of its own + money for public purposes. The late Bank of the United States proved to + be faithless. The State banks which were afterwards employed were + faithless. But a few years ago, with millions of public money in their + keeping, the Government was brought almost to bankruptcy and the public + credit seriously impaired because of their inability or indisposition to + pay on demand to the public creditors in the only currency recognized by + the Constitution. Their failure occurred in a period of peace, and great + inconvenience and loss were suffered by the public from it. Had the + country been involved in a foreign war, that inconvenience and loss + would have been much greater, and might have resulted in extreme public + calamity. The public money should not be mingled with the private funds + of banks or individuals or be used for private purposes. When it is + placed in banks for safe-keeping, it is in effect loaned to them without + interest, and is loaned by them upon interest to the borrowers from + them. The public money is converted into banking capital, and is used + and loaned out for the private profit of bank stockholders, and when + called for, as was the case in 1837, it may be in the pockets of the + borrowers from the banks instead of being in the public Treasury + contemplated by the Constitution. The framers of the Constitution could + never have intended that the money paid into the Treasury should be thus + converted to private use and placed beyond the control of the + Government. +</p> +<p> + Banks which hold the public money are often tempted by a desire of gain + to extend their loans, increase their circulation, and thus stimulate, + if not produce, a spirit of speculation and extravagance which sooner or + later must result in ruin to thousands. If the public money be not + permitted to be thus used, but be kept in the Treasury and paid out to + the public creditors in gold and silver, the temptation afforded by its + deposit with banks to an undue expansion of their business would be + checked, while the amount of the constitutional currency left in + circulation would be enlarged by its employment in the public + collections and disbursements, and the banks themselves would in + consequence be found in a safer and sounder condition. At present State + banks are employed as depositories, but without adequate regulation of + law whereby the public money can be secured against the casualties and + excesses, revulsions, suspensions, and defalcations to which from + overissues, overtrading, an inordinate desire for gain, or other causes + they are constantly exposed. The Secretary of the Treasury has in all + cases when it was practicable taken collateral security for the amount + which they hold, by the pledge of stocks of the United States or such of + the States as were in good credit. Some of the deposit banks have given + this description of security and others have declined to do so. +</p> +<p> + Entertaining the opinion that "the separation of the moneys of the + Government from banking institutions is indispensable for the safety of + the funds of the Government and the rights of the people," I recommend + to Congress that provision be made by law for such separation, and that + a constitutional treasury be created for the safe-keeping of the public + money. The constitutional treasury recommended is designed as a secure + depository for the public money, without any power to make loans or + discounts or to issue any paper whatever as a currency or circulation. + I can not doubt that such a treasury as was contemplated by the + Constitution should be independent of all banking corporations. + The money of the people should be kept in the Treasury of the people + created by law, and be in the custody of agents of the people chosen by + themselves according to the forms of the Constitution—agents who are + directly responsible to the Government, who are under adequate bonds and + oaths, and who are subject to severe punishments for any embezzlement, + private use, or misapplication of the public funds, and for any failure + in other respects to perform their duties. To say that the people or + their Government are incompetent or not to be trusted with the custody + of their own money in their own Treasury, provided by themselves, but + must rely on the presidents, cashiers, and stockholders of banking + corporations, not appointed by them nor responsible to them, would be + to concede that they are incompetent for self-government. +</p> +<p> + In recommending the establishment of a constitutional treasury in which + the public money shall be kept, I desire that adequate provision be made + by law for its safety and that all Executive discretion or control over + it shall be removed, except such as may be necessary in directing its + disbursement in pursuance of appropriations made by law. +</p> +<p> + Under our present land system, limiting the minimum price at which the + public lands can be entered to $1.25 per acre, large quantities of lands + of inferior quality remain unsold because they will not command that + price. From the records of the General Land Office it appears that of + the public lands remaining unsold in the several States and Territories + in which they are situated, 39,105,577 acres have been in the market + subject to entry more than twenty years, 49,638,644 acres for more than + fifteen years, 73,074,600 acres for more than ten years, and 106,176,961 + acres for more than five years. Much the largest portion of these lands + will continue to be unsalable at the minimum price at which they are + permitted to be sold so long as large territories of lands from which + the more valuable portions have not been selected are annually brought + into market by the Government. With the view to the sale and settlement + of these inferior lands, I recommend that the price be graduated and + reduced below the present minimum rate, confining the sales at the + reduced prices to settlers and cultivators, in limited quantities. If + graduated and reduced in price for a limited term to $1 per acre, and + after the expiration of that period for a second and third term to lower + rates, a large portion of these lands would be purchased, and many + worthy citizens who are unable to pay higher rates could purchase homes + for themselves and their families. By adopting the policy of graduation + and reduction of price these inferior lands will be sold for their real + value, while the States in which they lie will be freed from the + inconvenience, if not injustice, to which they are subjected in + consequence of the United States continuing to own large quantities of + the public lands within their borders not liable to taxation for the + support of their local governments. +</p> +<p> + I recommend the continuance of the policy of granting preemptions in its + most liberal extent to all those who have settled or may hereafter + settle on the public lands, whether surveyed or unsurveyed, to which the + Indian title may have been extinguished at the time of settlement. It + has been found by experience that in consequence of combinations of + purchasers and other causes a very small quantity of the public lands, + when sold at public auction, commands a higher price than the minimum + rates established by law. The settlers on the public lands are, however, + but rarely able to secure their homes and improvements at the public + sales at that rate, because these combinations, by means of the capital + they command and their superior ability to purchase, render it + impossible for the settler to compete with them in the market. By + putting down all competition these combinations of capitalists and + speculators are usually enabled to purchase the lands, including the + improvements of the settlers, at the minimum price of the Government, + and either turn them out of their homes or extort from them, according + to their ability to pay, double or quadruple the amount paid for them to + the Government. It is to the enterprise and perseverance of the hardy + pioneers of the West, who penetrate the wilderness with their families, + suffer the dangers, the privations, and hardships attending the + settlement of a new country, and prepare the way for the body of + emigrants who in the course of a few years usually follow them, that we + are in a great degree indebted for the rapid extension and + aggrandizement of our country. +</p> +<p> + Experience has proved that no portion of our population are more + patriotic than the hardy and brave men of the frontier, or more ready to + obey the call of their country and to defend her rights and her honor + whenever and by whatever enemy assailed. They should be protected from + the grasping speculator and secured, at the minimum price of the public + lands, in the humble homes which they have improved by their labor. With + this end in view, all vexatious or unnecessary restrictions imposed upon + them by the existing preemption laws should be repealed or modified. It + is the true policy of the Government to afford facilities to its + citizens to become the owners of small portions of our vast public + domain at low and moderate rates. +</p> +<p> + The present system of managing the mineral lands of the United States is + believed to be radically defective. More than 1,000,000 acres of the + public lands, supposed to contain lead and other minerals, have been + reserved from sale, and numerous leases upon them have been granted to + individuals upon a stipulated rent. The system of granting leases has + proved to be not only unprofitable to the Government, but unsatisfactory + to the citizens who have gone upon the lands, and must, if continued, + lay the foundation of much future difficulty between the Government and + the lessees. According to the official records, the amount of rents + received by the Government for the years 1841, 1842, 1843, and 1844 was + $6,354.74, while the expenses of the system during the same period, + including salaries of superintendents, agents, clerks, and incidental + expenses, were $26,111.11, the income being less than one-fourth of the + expenses. To this pecuniary loss may be added the injury sustained by + the public in consequence of the destruction of timber and the careless + and wasteful manner of working the mines. The system has given rise to + much litigation between the United States and individual citizens, + producing irritation and excitement in the mineral region, and involving + the Government in heavy additional expenditures. It is believed that + similar losses and embarrassments will continue to occur while the + present system of leasing these lands remains unchanged. These lands are + now under the superintendence and care of the War Department, with the + ordinary duties of which they have no proper or natural connection. I + recommend the repeal of the present system, and that these lands be + placed under the superintendence and management of the General Land + Office, as other public lands, and be brought into market and sold upon + such terms as Congress in their wisdom may prescribe, reserving to the + Government an equitable percentage of the gross amount of mineral + product, and that the preemption principle be extended to resident + miners and settlers upon them at the minimum price which may be + established by Congress. +</p> +<p> + I refer you to the accompanying report of the Secretary of War for + information respecting the present situation of the Army and its + operations during the past year, the state of our defenses, the + condition of the public works, and our relations with the various Indian + tribes within our limits or upon our borders. I invite your attention to + the suggestions contained in that report in relation to these prominent + objects of national interest. When orders were given during the past + summer for concentrating a military force on the western frontier of + Texas, our troops were widely dispersed and in small detachments, + occupying posts remote from each other. The prompt and expeditious + manner in which an army embracing more than half our peace establishment + was drawn together on an emergency so sudden reflects great credit on + the officers who were intrusted with the execution of these orders, as + well as upon the discipline of the Army itself. To be in strength to + protect and defend the people and territory of Texas in the event Mexico + should commence hostilities or invade her territories with a large army, + which she threatened, I authorized the general assigned to the command + of the army of occupation to make requisitions for additional forces + from several of the States nearest the Texan territory, and which could + most expeditiously furnish them, if in his opinion a larger force than + that under his command and the auxiliary aid which under like + circumstances he was authorized to receive from Texas should be + required. The contingency upon which the exercise of this authority + depended has not occurred. The circumstances under which two companies + of State artillery from the city of New Orleans were sent into Texas and + mustered into the service of the United States are fully stated in the + report of the Secretary of War. I recommend to Congress that provision + be made for the payment of these troops, as well as a small number of + Texan volunteers whom the commanding general thought it necessary to + receive or muster into our service. +</p> +<p> + During the last summer the First Regiment of Dragoons made extensive + excursions through the Indian country on our borders, a part of them + advancing nearly to the possessions of the Hudsons Bay Company in the + north, and a part as far as the South Pass of the Rocky Mountains and + the head waters of the tributary streams of the Colorado of the West. + The exhibition of this military force among the Indian tribes in those + distant regions and the councils held with them by the commanders of the + expeditions, it is believed, will have a salutary influence in + restraining them from hostilities among themselves and maintaining + friendly relations between them and the United States. An interesting + account of one of these excursions accompanies the report of the + Secretary of War. Under the directions of the War Department Brevet + Captain Frémont, of the Corps of Topographical Engineers, has been + employed since 1842 in exploring the country west of the Mississippi and + beyond the Rocky Mountains. Two expeditions have already been brought to + a close, and the reports of that scientific and enterprising officer + have furnished much interesting and valuable information. He is now + engaged in a third expedition, but it is not expected that this arduous + service will be completed in season to enable me to communicate the + result to Congress at the present session. +</p> +<p> + Our relations with the Indian tribes are of a favorable character. + The policy of removing them to a country designed for their permanent + residence west of the Mississippi, and without the limits of the + organized States and Territories, is better appreciated by them than it + was a few years ago, while education is now attended to and the habits + of civilized life are gaining ground among them. +</p> +<p> + Serious difficulties of long standing continue to distract the several + parties into which the Cherokees are unhappily divided. The efforts of + the Government to adjust the difficulties between them have heretofore + proved unsuccessful, and there remains no probability that this + desirable object can be accomplished without the aid of further + legislation by Congress. I will at an early period of your session + present the subject for your consideration, accompanied with an + exposition of the complaints and claims of the several parties into + which the nation is divided, with a view to the adoption of such + measures by Congress as may enable the Executive to do justice to them, + respectively, and to put an end, if possible, to the dissensions which + have long prevailed and still prevail among them. +</p> +<p> + I refer you to the report of the Secretary of the Navy for the present + condition of that branch of the national defense and for grave + suggestions having for their object the increase of its efficiency and a + greater economy in its management. During the past year the officers and + men have performed their duty in a satisfactory manner. The orders which + have been given have been executed with promptness and fidelity. A + larger force than has often formed one squadron under our flag was + readily concentrated in the Gulf of Mexico, and apparently without + unusual effort. It is especially to be observed that notwithstanding the + union of so considerable a force, no act was committed that even the + jealousy of an irritated power could construe as an act of aggression, + and that the commander of the squadron and his officers, in strict + conformity with their instructions, holding themselves ever ready + for the most active duty, have achieved the still purer glory of + contributing to the preservation of peace. It is believed that at all + our foreign stations the honor of our flag has been maintained and that + generally our ships of war have been distinguished for their good + discipline and order. I am happy to add that the display of maritime + force which was required by the events of the summer has been made + wholly within the usual appropriations for the service of the year, so + that no additional appropriations are required. +</p> +<p> + The commerce of the United States, and with it the navigating interests, + have steadily and rapidly increased since the organization of our + Government, until, it is believed, we are now second to but one power in + the world, and at no distant day we shall probably be inferior to none. + Exposed as they must be, it has been a wise policy to afford to these + important interests protection with our ships of war distributed in the + great highways of trade throughout the world. For more than thirty years + appropriations have been made and annually expended for the gradual + increase of our naval forces. In peace our Navy performs the important + duty of protecting our commerce, and in the event of war will be, as it + has been, a most efficient means of defense. +</p> +<p> + The successful use of steam navigation on the ocean has been followed by + the introduction of war steamers in great and increasing numbers into + the navies of the principal maritime powers of the world. A due regard + to our own safety and to an efficient protection to our large and + increasing commerce demands a corresponding increase on our part. No + country has greater facilities for the construction of vessels of this + description than ours, or can promise itself greater advantages from + their employment. They are admirably adapted to the protection of our + commerce, to the rapid transmission of intelligence, and to the coast + defense. In pursuance of the wise policy of a gradual increase of our + Navy, large supplies of live-oak timber and other materials for + shipbuilding have been collected and are now under shelter and in a + state of good preservation, while iron steamers can be built with great + facility in various parts of the Union. The use of iron as a material, + especially in the construction of steamers which can enter with safety + many of the harbors along our coast now inaccessible to vessels of + greater draft, and the practicability of constructing them in the + interior, strongly recommend that liberal appropriations should be made + for this important object. Whatever may have been our policy in the + earlier stages of the Government, when the nation was in its infancy, + our shipping interests and commerce comparatively small, our resources + limited, our population sparse and scarcely extending beyond the limits + of the original thirteen States, that policy must be essentially + different now that we have grown from three to more than twenty millions + of people, that our commerce, carried in our own ships, is found in + every sea, and that our territorial boundaries and settlements have been + so greatly expanded. Neither our commerce nor our long line of coast on + the ocean and on the Lakes can be successfully defended against foreign + aggression by means of fortifications alone. These are essential at + important commercial and military points, but our chief reliance for + this object must be on a well-organized, efficient navy. The benefits + resulting from such a navy are not confined to the Atlantic States. The + productions of the interior which seek a market abroad are directly + dependent on the safety and freedom of our commerce. The occupation of + the Balize below New Orleans by a hostile force would embarrass, if not + stagnate, the whole export trade of the Mississippi and affect the value + of the agricultural products of the entire valley of that mighty river + and its tributaries. +</p> +<p> + It has never been our policy to maintain large standing armies in time + of peace. They are contrary to the genius of our free institutions, + would impose heavy burdens on the people and be dangerous to public + liberty. Our reliance for protection and defense on the land must be + mainly on our citizen soldiers, who will be ever ready, as they ever + have been ready in times past, to rush with alacrity, at the call of + their country, to her defense. This description of force, however, can + not defend our coast, harbors, and inland seas, nor protect our commerce + on the ocean or the Lakes. These must be protected by our Navy. +</p> +<p> + Considering an increased naval force, and especially of steam vessels, + corresponding with our growth and importance as a nation, and + proportioned to the increased and increasing naval power of other + nations, of vast importance as regards our safety, and the great and + growing interests to be protected by it, I recommend the subject to the + favorable consideration of Congress. +</p> +<p> + The report of the Postmaster-General herewith communicated contains a + detailed statement of the operations of his Department during the past + year. It will be seen that the income from postages will fall short of + the expenditures for the year between $1,000,000 and $2,000,000. This + deficiency has been caused by the reduction of the rates of postage, + which was made by the act of the 3d of March last. No principle has been + more generally acquiesced in by the people than that this Department + should sustain itself by limiting its expenditures to its income. + Congress has never sought to make it a source of revenue for general + purposes except for a short period during the last war with Great + Britain, nor should it ever become a charge on the general Treasury. If + Congress shall adhere to this principle, as I think they ought, it will + be necessary either to curtail the present mail service so as to reduce + the expenditures, or so to modify the act of the 3d of March last as to + improve its revenues. The extension of the mail service and the + additional facilities which will be demanded by the rapid extension and + increase of population on our western frontier will not admit of such + curtailment as will materially reduce the present expenditures. In the + adjustment of the tariff of postages the interests of the people demand + that the lowest rates be adopted which will produce the necessary + revenue to meet the expenditures of the Department. I invite the + attention of Congress to the suggestions of the Postmaster-General on + this subject, under the belief that such a modification of the late law + may be made as will yield sufficient revenue without further calls on + the Treasury, and with very little change in the present rates of + postage. Proper measures have been taken in pursuance of the act of the + 3d of March last for the establishment of lines of mail steamers between + this and foreign countries. The importance of this service commends + itself strongly to favorable consideration. +</p> +<p> + With the growth of our country the public business which devolves on the + heads of the several Executive Departments has greatly increased. In + some respects the distribution of duties among them seems to be + incongruous, and many of these might be transferred from one to another + with advantage to the public interests. A more auspicious time for the + consideration of this subject by Congress, with a view to system in the + organization of the several Departments and a more appropriate division + of the public business, will not probably occur. +</p> +<p> + The most important duties of the State Department relate to our foreign + affairs. By the great enlargement of the family of nations, the increase + of our commerce, and the corresponding extension of our consular system + the business of this Department has been greatly increased. +</p> +<p> + In its present organization many duties of a domestic nature and + consisting of details are devolved on the Secretary of State, which do + not appropriately belong to the foreign department of the Government and + may properly be transferred to some other Department. One of these grows + out of the present state of the law concerning the Patent Office, which + a few years since was a subordinate clerkship, but has become a distinct + bureau of great importance. With an excellent internal organization, it + is still connected with the State Department. In the transaction of its + business questions of much importance to inventors and to the community + frequently arise, which by existing laws are referred for decision to a + board of which the Secretary of State is a member. These questions are + legal, and the connection which now exists between the State Department + and the Patent Office may with great propriety and advantage be + transferred to the Attorney-General. +</p> +<p> + In his last annual message to Congress Mr. Madison invited attention to + a proper provision for the Attorney-General as "an important improvement + in the executive establishment," This recommendation was repeated by + some of his successors. The official duties of the Attorney-General have + been much increased within a few years,' and his office has become one + of great importance. His duties may be still further increased with + advantage to the public interests. As an executive officer his residence + and constant attention at the seat of Government are required. Legal + questions involving important principles and large amounts of public + money are constantly referred to him by the President and Executive + Departments for his examination and decision. The public business under + his official management before the judiciary has been so augmented by + the extension of our territory and the acts of Congress authorizing + suits against the United States for large bodies of valuable public + lands as greatly to increase his labors and responsibilities. I + therefore recommend that the Attorney-General be placed on the same + footing with the heads of the other Executive Departments, with such + subordinate officers provided by law for his Department as may be + required to discharge the additional duties which have been or may be + devolved upon him. +</p> +<p> + Congress possess the power of exclusive legislation over the District of + Columbia, and I commend the interests of its inhabitants to your + favorable consideration. The people of this District have no legislative + body of their own, and must confide their local as well as their general + interests to representatives in whose election they have no voice and + over whose official conduct they have no control. Each member of the + National Legislature should consider himself as their immediate + representative, and should be the more ready to give attention to their + interests and wants because he is not responsible to them. I recommend + that a liberal and generous spirit may characterize your measures in + relation to them. I shall be ever disposed to show a proper regard for + their wishes and, within constitutional limits, shall at all times + cheerfully cooperate with you for the advancement of their welfare. +</p> +<p> + I trust it may not be deemed inappropriate to the occasion for me to + dwell for a moment on the memory of the most eminent citizen of our + country who during the summer that is gone by has descended to the tomb. + The enjoyment of contemplating, at the advanced age of near fourscore + years, the happy condition of his country cheered the last hours of + Andrew Jackson, who departed this life in the tranquil hope of a blessed + immortality. His death was happy, as his life had been eminently useful. + He had an unfaltering confidence in the virtue and capacity of the + people and in the permanence of that free Government which he had + largely contributed to establish and defend. His great deeds had secured + to him the affections of his fellow-citizens, and it was his happiness + to witness the growth and glory of his country, which he loved so well. + He departed amidst the benedictions of millions of freemen. The nation + paid its tribute to his memory at his tomb. Coming generations will + learn from his example the love of country and the rights of man. In his + language on a similar occasion to the present, "I now commend you, + fellow-citizens, to the guidance of Almighty God, with a full reliance + on His merciful providence for the maintenance of our free institutions, + and with an earnest supplication that whatever errors it may be my lot + to commit in discharging the arduous duties which have devolved on me + will find a remedy in the harmony and wisdom of your counsels." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0006"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 9, 1845</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I communicate herewith a letter received from the President of the + existing Government of the State of Texas, transmitting duplicate copies + of the constitution formed by the deputies of the people of Texas in + convention assembled, accompanied by official information that the said + constitution had been ratified, confirmed, and adopted by the people of + Texas themselves, in accordance with the joint resolution for annexing + Texas to the United States, and in order that Texas might be admitted as + one of the States of that Union. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 10, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report of the Secretary of War, in answer to a + resolution of the Senate of the 4th instant, calling for information + "with respect to the practicability and utility of a fort or forts on + Ship Island, on the coast of Mississippi, with a view to the protection + of said coast." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 15, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, a + convention signed on the 14th May of the present year by the minister + of the United States at Berlin with the minister of Saxony at the same + Court, for the mutual abolition of the <i>droit d'aubaine, droit de + détraction</i>, and taxes on emigration between the United States and + Saxony; and I communicate with the convention an explanatory dispatch + of the minister of the United States, dated on the 14th May, 1845, and + numbered 267. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 16, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, a + convention concluded and signed at Berlin on the 29th day of January, + 1845, between the United States and Prussia, together with certain other + German States, for the mutual extradition of fugitives from justice in + certain cases; and I communicate with the convention the correspondence + necessary to explain it. +</p> +<p> + In submitting this convention to the Senate I deem it proper to call + their attention to the third article, by which it is stipulated that + "none of the contracting parties shall be bound to deliver up its own + citizens or subjects under the stipulations of this convention." +</p> +<p> + No such reservation is to be found in our treaties of extradition with + Great Britain and France, the only two nations with whom we have + concluded such treaties. These provide for the surrender of all persons + who are fugitives from justice, without regard to the country to which + they may belong. Under this article, if German subjects of any of the + parties to the convention should commit crimes within the United States + and fly back to their native country from justice, they would not be + surrendered. This is clear in regard to all such Germans as shall not + have been naturalized under our laws. But even after naturalization + difficult and embarrassing questions might arise between the parties. + These German powers, holding the doctrine of perpetual allegiance, might + refuse to surrender German naturalized citizens, whilst we must ever + maintain the principle that the rights and duties of such citizens are + the same as if they had been born in the United States. +</p> +<p> + I would also observe that the fourth article of the treaty submitted + contains a provision not to be found in our conventions with Great + Britain and France. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 16, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit a report from the Secretary of State, containing the + information called for by the resolution of the Senate of the 8th of + January last, in relation to the claim of the owners of the brig + <i>General Armstrong</i> against the Government of Portugal.<a href="#note-1"><small>1</small></a> +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 19, 1845</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I communicate to the House of Representatives, in reply to their + resolution of the 25th of February last, a report from the Secretary of + State, together with the correspondence of George W. Slacum, late consul + of the United States at Rio de Janeiro, with the Department of State, + relating to the African slave trade. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 22, 1845</i>. +</p> +<p> + <i>To the Congress of the United States</i>: +</p> +<p> + I transmit to Congress a communication from the Secretary of State, with + a statement of the expenditures from the appropriation made by the act + entitled "An act providing the means of future intercourse between the + United States and the Government of China," approved the 3d of March, + 1843. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 3, 1846</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 the Navy, + communicating the information called for by their resolution of the 18th + of December, 1845, in relation to the "number of agents now employed for + the preservation of timber, their salaries, the authority of law under + which they are paid, and the allowances of every description made within + the last twenty years in the settlement of the accounts of said agents." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 6, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate to the Senate the information called for by their + resolution of December 31, 1845, "requesting the President to cause to + be communicated to the Senate copies of the correspondence between the + Attorney-General and the Solicitor of the Treasury and the judicial + officers of Florida in relation to the authority of the Territorial + judges as Federal judges since the 3d of March, 1845." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 12, 1846</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I nominate the persons named in the accompanying list<a href="#note-2"><small>2</small></a> of promotions + and appointments in the Army of the United States to the several grades + annexed to their names, as proposed by the Secretary of War. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p> + WAR DEPARTMENT, <i>January 8, 1846</i>. +</p> +<p> + <i>The PRESIDENT OF THE UNITED STATES.</i> +</p> +<p> + SIR: I have the honor respectfully to propose for your approbation the + annexed list<a href="#note-3"><small>3</small></a> of officers for promotion and persons for appointment + in the Army of the United States. +</p> +<p> + I am, sir, with great respect, your obedient servant, +</p> +<p class="r"> + W.L. MARCY +</p> +<p> </p><p> </p> + +<p class="r"> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, January 8, 1846</i>. +</p> +<p> +Hon. W.L. Marcy,<br> + <i>Secretary of War</i>, +</p> +<p> + SIR: I respectfully submit the accompanying list<a href="#note-4"><small>4</small></a> of promotions and + appointments to fill the vacancies in the Army which are known to have + happened since the date of the last list, December 12, 1845. The + promotions are all regular except that of Captain Martin Scott, Fifth + Infantry, whose name, agreeably to the decision of the President and + your instructions, is submitted to fill the vacancy of major in the + First Regiment of Infantry (<i>vice</i> Dearborn, promoted), over the two + senior captains of Infantry, Captain John B. Clark, of the Third + Regiment, and Brevet Major Thomas Noel, of the Sixth. The reasons for + this departure from the ordinary course (as in other like cases of + disability) are set forth in the Adjutant-General's report of the 27th + ultimo and the General in Chief's indorsement thereon, of which copies + are herewith respectfully annexed, marked A. +</p> +<p> + I am, sir, with great respect, your obedient servant, +</p> +<p class="r"> +R. JONES,<br> + <i>Adjutant-General.</i> +</p> +<center> + A. +</center> +<p class="r"> +ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, December 27, 1845</i>. +</p> +<p> +Major-General WINFIELD SCOTT,<br> + <i>Commanding the Army</i>. +</p> +<p> + SIR: The death of Lieutenant-Colonel Hoffman, Seventh Infantry, on the + 26th ultimo, having caused a vacancy in the grade of major, to which, + under the rule, Captain J.B. Clark, Third Infantry, would be entitled to + succeed, I deem it proper to submit the following statement, extracted + from the official returns of his regiment, touching his physical + capacity for the performance of military duty. +</p> +<p> + In May, 1836, Captain Clark went on the recruiting service, where he + remained till October 4, 1838, when he was granted a three months' + leave. He joined his company at Fort Towson in May, 1839, and continued + with it from that time till March, 1841, accompanying it meanwhile + (October, 1840) to Florida. He obtained a three months' leave on + surgeon's certificate of ill health March 23, 1841, but did not rejoin + till February 16, 1842. In the interim he was placed on duty for a + short time as a member of a general court-martial, which happened to be + convened at St. Louis, where he was then staying. He remained with his + company from February to November, 1842, when he again received a leave + for the benefit of his health, and did not return to duty till April 26, + 1843 (after his regiment had been ordered to Florida), when he rejoined + it at Jefferson Barracks. He continued with it (with the exception of + one short leave) from April, 1843, till June, 1845, but the returns show + him to have been frequently on the sick report during that period. On + the 2d of June, 1845, his company being then encamped near Fort Jessup + in expectation of orders for Texas, he again procured a leave on account + of his health, and has not since been able to rejoin, reporting monthly + that his health unfitted him for the performance of duty. The signature + of his last report (not written by himself), of November 30 + (herewith<a href="#note-5"><small>5</small></a>), would seem to indicate great physical derangement or + decrepitude, approaching, perhaps, to paralysis. +</p> +<p> + From the foregoing it appears that during the last seven years (since + October, 1838) Captain Clark has been off duty two years and four + months, the greater part of the time on account of sickness, and that + even when present with his company his health is so much impaired that + very often he is unable to perform the ordinary garrison duties. +</p> +<p> + Under these circumstances it is respectfully submitted, for the + consideration of the proper authority, whether the senior captain of + infantry should not be passed over and (as Brevet Major Noel,<a href="#note-6"><small>6</small></a> the + next in rank, is utterly disqualified) Captain Martin Scott, of the + Fifth Infantry, promoted to the vacant majority. +</p> +<p> + It is proper to state that Captain Clark has always been regarded as a + perfect gentleman, and as such, as far as I know, is equal to any + officer in the Army. +</p> +<p> + I am, sir, most respectfully, your obedient servant, +</p> +<p class="r"> +R. JONES,<br> + <i>Adjutant-General.</i> +</p> +<center> + [Remarks indorsed on the foregoing report by the General in Chief.] +</center> +<p> </p> +<p class="r"> + DECEMBER 30, 1845. +</p> +<p> + This report presents grave points for consideration. It is highly + improbable that the Captain will ever be fit for the active duties of + his profession. The question, therefore, seems to be whether he shall be + a pensioner on full pay as captain or as major, for he has long been, + not in name, but in fact, a pensioner on full pay. We have no half pay + in the Army to relieve marching regiments of crippled and superannuated + officers. We have many such—Colonel Maury, of the Third Infantry + (superannuated), and Majors Cobb and McClintock, Fifth Infantry and + Third Artillery (crippled). Many others are fast becoming superannuated. + The three named are on indefinite leaves of absence, and so are Majors + Searle and Noel, permanent cripples from wounds. General Cass's + resolution of yesterday refers simply to age. A half pay or retired list + with half pay would be much better. There are some twenty officers who + ought at once to be placed on such list and their places filled by + promotion. +</p> +<p> + Upon the whole, I think it best that Captain M. Scott should be + promoted, <i>vice</i> Dearborn, <i>vice</i> Lieutenant-Colonel Hoffman. +</p> +<p> + Respectfully submitted to the Secretary of War. +</p> +<p class="r"> + WINFIELD SCOTT. +</p> +<p class="r"> +R. JONES,<br> + <i>Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + JANUARY 8, 1846. +</p> +<p> + It appearing from the within statements of the Commanding General and + the Adjutant-General that the two officers proposed to be passed over + are physically unable to perform the duties of major, and their + inability is not temporary, I recommend that Captain Martin Scott be + promoted to the vacant majority 3d January, 1846. +</p> +<p class="r"> + W.L. MARCY. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 13, 1846</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 War, with + accompanying papers, showing the measures which have been adopted in + relation to the transfer of certain stocks between the Chickasaw and + Choctaw Indians under the treaty between those tribes of the 24th March, + 1837. The claim presented by the Choctaw General Council, if deemed to + be founded in equity, can not be adjusted without the previous advice + and consent of the Senate. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 20, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + On the 15th of January, 1846, I withdrew the nomination of James H. + Tate, of Mississippi, as consul at Buenos Ayres. The withdrawal was made + upon the receipt on that day of a letter addressed to me by the Senators + from the State of Mississippi advising it. I transmit their letter + herewith to the Senate. At that time I had not been furnished with a + copy of the Executive Journal of the Senate, and had no knowledge of + the pendency of the resolution before that body in executive session + in relation to this nomination. Having since been furnished by the + Secretary of the Senate with a copy of the Executive Journal containing + the resolution referred to, I deem it proper and due to the Senate to + reinstate the nomination in the condition in which it was before it was + withdrawn. And with that view I nominate James H. Tate, of Mississippi, + to be consul at Buenos Ayres. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 28, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration with regard + to its ratification, a treaty of commerce and navigation between the + United States and the Kingdom of the Two Sicilies, concluded and signed + on the 1st day of December last at Naples by the chargé d'affaires of + the United States with the plenipotentiaries of His Majesty the King of + the Kingdom of the Two Sicilies. +</p> +<p> + And I communicate at the same time portions of the correspondence (so + far as it has been received) in explanation of the treaty. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 3, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration in reference + to its ratification, a treaty of commerce and navigation between the + United States and Belgium, concluded and signed on the 10th November + last at Brussels by the chargé d'affaires of the United States with the + minister of foreign affairs of His Majesty the King of the Belgians. +</p> +<p> + And I communicate at the same time the correspondence and other papers + in explanation of the treaty, +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 5, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In pursuance with the request of the Senate in their resolution of the + 4th instant, I "return" herewith, "for their further action, the + resolution advising and consenting to the appointment of Isaac H. Wright + as navy agent at Boston." It will be observed that the resolution of the + Senate herewith returned contains the advice and consent of that body to + the appointment of several other persons to other offices not embraced + in their resolution of the 4th instant, and it being impossible to + comply with the request of the Senate without communicating to them the + whole resolution, I respectfully request that so far as it relates to + the other cases than that of Mr. Wright it may be returned to me. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 7, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the request of the Senate in their resolution of the + 29th January last, I herewith communicate a report from the Secretary of + State, with the accompanying correspondence, which has taken place + between the Secretary of State and the minister of the United States at + London and between the Government of the United States and that of + England on the "subject of Oregon" since my communication of the 2d of + December last was made to Congress. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 7, 1846</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with the request of the House of Representatives in their + resolution of the 3d instant, I herewith communicate a report from the + Secretary of State, with the accompanying "correspondence, which has + taken place" between the Secretary of State and the minister of the + United States at London and "between the Government of Great Britain and + this Government in relation to the country west of the Rocky Mountains + since the last annual message of the President" to Congress. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 9, 1846</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith, in answer to the resolution of the House of + Representatives of the 19th of December last, the report of the + Secretary of State inclosing "copies of correspondence between this + Government and Great Britain within the last two years in relation to + the Washington treaty, and particularly in relation to the free + navigation of the river St. John, and in relation to the + disputed-territory fund named in said treaty;" and also the accompanying + copies of documents filed in the Department of State, which embrace the + correspondence and information called for by the said resolution. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 9, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the request of the Senate in their resolution of the + 5th instant, I herewith return "the resolution of the Senate advising + and consenting to the appointment of F.G. Mayson to be a second + lieutenant in the Marine Corps." As the same resolution which contains + the advice and consent of the Senate to the appointment of Mr. Mayson + contains also the advice and consent of that body to the appointment of + several other persons to other offices, to whom commissions have been + since issued, I respectfully request that the resolution, so far as it + relates to the persons other than Mr. Mayson, may be returned to me. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 12, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration and advice of the Senate with + regard to its ratification, a treaty concluded on the 14th day of + January last by Thomas H. Harvey and Richard W. Cummins, commissioners + on the part of the United States, and the chiefs and headmen of the + Kansas tribe of Indians, together with a report of the Commissioner of + Indian Affairs and other papers explanatory of the same. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 16, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit a communication from the Attorney-General relating + to a contract entered into by him with Messrs. Little & Brown for + certain copies of their proposed edition of the laws and treaties of the + United States, in pursuance of the joint resolution of the 3d March, + 1845. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 16, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit a report from the Secretary of the Navy, + communicating the correspondence called for by the resolution of the + Senate of the 25th of February, 1845, between the commander of the East + India Squadrons and foreign powers or United States agents abroad during + the years 1842 and 1843, relating to the trade and other interests of + this Government. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 18, 1846</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with the request of the House of Representatives in their + resolution of the 12th instant, asking for information relative to the + Mexican indemnity, I communicate herewith a report from the Secretary of + State, with the paper accompanying it. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<center> + [A similar message was sent to the Senate in compliance with a request + of that body.] +</center> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 23, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I transmit, for your consideration, a correspondence between the + minister of Her Britannic Majesty in Washington and the Secretary of + State, containing an arrangement for the adjustment and payment of the + claims of the respective Governments upon each other arising from the + collection of certain import duties in violation of the second article + of the commercial convention of 3d of July, 1815, between the two + countries, and I respectfully submit to Congress the propriety of making + provision to carry this arrangement into effect. +</p> +<p> + The second article of this convention provides that "no higher or other + duties shall be imposed on the importation into the United States of any + articles the growth, produce, or manufacture of His Britannic Majesty's + territories in Europe, and no higher or other duties shall be imposed on + the importation into the territories of His Britannic Majesty in Europe + of any articles the growth, produce, or manufacture of the United + States, than are or shall be payable on the like articles being the + growth, produce, or manufacture of any other foreign country." +</p> +<p> + Previous to the act of Parliament of the 13th of August, 1836, the duty + on foreign rough rice imported into Great Britain was 2s. 6d. sterling + per bushel. By this act the duty was reduced to 1 penny per quarter (of + 8 bushels) on the rough rice "imported from the west coast of Africa." +</p> +<p> + Upon the earnest and repeated remonstrances of our ministers at London + in opposition to this discrimination against American and in favor of + African rice, as a violation of the subsisting convention, Parliament, + by the act of 9th July, 1842, again equalized the duty on all foreign + rough rice by fixing it at 7s. per quarter., In the intervening period, + however, of nearly six years large importations had been made into Great + Britain of American rough rice, which was subjected to a duty of 2s. 6d. + per bushel; but the importers, knowing their rights under the + convention, claimed that it should be admitted at the rate of 1 penny + per quarter, the duty imposed on African rice. This claim was resisted + by the British Government, and the excess of duty was paid, at the first + under protest, and afterwards, in consequence of an arrangement with the + board of customs, by the deposit of exchequer bills. +</p> +<p> + It seems to have been a clear violation both of the letter and spirit of + the convention to admit rough rice "the growth" of Africa at 1 penny per + quarter, whilst the very same article "the growth" of the United States + was charged with a duty of 2s. 6d. per bushel. +</p> +<p> + The claim of Great Britain, under the same article of the convention, is + founded on the tariff act of 30th August, 1842. Its twenty-fifth section + provides "that nothing in this act contained shall apply to goods + shipped in a vessel bound to any port of the United States, actually + having left her last port of lading eastward of the Cape of Good Hope or + beyond Cape Horn prior to the 1st day of September, 1842; and all legal + provisions and regulations existing immediately before the 30th day of + June, 1842, shall be applied to importations which may be made in + vessels which have left such last port of lading eastward of the Cape of + Good Hope or beyond Cape Horn prior to said 1st day of September, 1842." +</p> +<p> + The British Government contends that it was a violation of the second + article of the convention for this act to require that "articles the + growth, produce, or manufacture" of Great Britain, when imported into + the United States in vessels which had left their last port of lading in + Great Britain prior to the 1st day of September, 1842, should pay any + "higher or other duties" than were imposed on "like articles" "the + growth, produce, or manufacture" of countries beyond the Cape of Good + Hope and Cape Horn. +</p> +<p> + Upon a careful consideration of the subject I arrived at the conclusion + that this claim on the part of the British Government was well founded. + I deem it unnecessary to state my reasons at length for adopting this + opinion, the whole subject being fully explained in the letter of the + Secretary of the Treasury and the accompanying papers. +</p> +<p> + The amount necessary to satisfy the British claim can not at present be + ascertained with any degree of accuracy, no individual having yet + presented his case to the Government of the United States. It is not + apprehended that the amount will be large. After such examination of the + subject as it has been in his power to make, the Secretary of the + Treasury believes that it will not exceed $100,000. +</p> +<p> + On the other hand, the claims of the importers of rough rice into Great + Britain have been already ascertained, as the duties were paid either + under protest or in exchequer bills. Their amount is stated by Mr. + Everett, our late minister at London, in a dispatch dated June 1, 1843, + to be £88,886 16s. 10d. sterling, of which £60,006 4d. belong to + citizens of the United States. +</p> +<p> + As it may be long before the amount of the British claim can be + ascertained, and it would be unreasonable to postpone payment to the + American claimants until this can be adjusted, it has been proposed to + the British Government immediately to refund the excess of duties + collected by it on American rough rice. I should entertain a confident + hope that this proposal would be accepted should the arrangement + concluded be sanctioned by an act of Congress making provision for the + return of the duties in question. The claimants might then be paid as + they present their demands, properly authenticated, to the Secretary of + the Treasury. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 24, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the inquiry of the Senate contained in their resolution of + the 17th instant, whether in my "judgment any circumstances connected + with or growing out of the foreign relations of this country require at + this time an increase of our naval or military force," and, if so, "what + those circumstances are," I have to express the opinion that a wise + precaution demands such increase. +</p> +<p> + In my annual message of the 2d of December last I recommended to the + favorable consideration of Congress an increase of our naval force, + especially of our steam navy, and the raising of an adequate military + force to guard and protect such of our citizens as might think proper to + emigrate to Oregon. Since that period I have seen no cause to recall or + modify these recommendations. On the contrary, reasons exist which, in + my judgment, render it proper not only that they should be promptly + carried into effect, but that additional provision should be made for + the public defense. +</p> +<p> + The consideration of such additional provision was brought before + appropriate committees of the two Houses of Congress, in answer to calls + made by them, in reports prepared, with my sanction, by the Secretary of + War and the Secretary of the Navy on the 29th of December and the 8th of + January last—a mode of communication with Congress not unusual, and + under existing circumstances believed to be most eligible. Subsequent + events have confirmed me in the opinion that these recommendations were + proper as precautionary measures. +</p> +<p> + It was a wise maxim of the Father of his Country that "to be prepared + for war is one of the most efficient means of preserving peace," and + that, "avoiding occasions of expense by cultivating peace," we should + "remember also that timely disbursements to prepare for danger + frequently prevent much greater disbursements to repel it." The general + obligation to perform this duty is greatly strengthened by facts known + to the whole world. A controversy respecting the Oregon Territory now + exists between the United States and Great Britain, and while, as far + as we know, the relations of the latter with all European nations are + of the most pacific character, she is making unusual and extraordinary + armaments and warlike preparations, naval and military, both at home and + in her North American possessions. +</p> +<p> + It can not be disguised that, however sincere may be the desire of + peace, in the event of a rupture these armaments and preparations would + be used against our country. Whatever may have been the original purpose + of these preparations, the fact is undoubted that they are now + proceeding, in part at least, with a view to the contingent possibility + of a war with the United States. The general policy of making additional + warlike preparations was distinctly announced in the speech from the + throne as late as January last, and has since been reiterated by the + ministers of the Crown in both houses of Parliament. Under this aspect + of our relations with Great Britain, I can not doubt the propriety of + increasing our means of defense both by land and sea. This can give + Great Britain no cause of offense nor increase the danger of a rupture. + If, on the contrary, we should fold our arms in security and at last be + suddenly involved in hostilities for the maintenance of our just rights + without any adequate preparation, our responsibility to the country + would be of the gravest character. Should collision between the two + countries be avoided, as I sincerely trust it may be, the additional + charge upon the Treasury in making the necessary preparations will + not be lost, while in the event of such a collision they would be + indispensable for the maintenance of our national rights and national + honor. +</p> +<p> + I have seen no reason to change or modify the recommendations of my + annual message in regard to the Oregon question. The notice to abrogate + the treaty of the 6th of August, 1827, is authorized by the treaty + itself and can not be regarded as a warlike measure, and I can not + withhold my strong conviction that it should be promptly given. The + other recommendations are in conformity with the existing treaty, and + would afford to American citizens in Oregon no more than the same + measure of protection which has long since been extended to British + subjects in that Territory. +</p> +<p> + The state of our relations with Mexico is still in an unsettled + condition. Since the meeting of Congress another revolution has taken + place in that country, by which the Government has passed into the hands + of new rulers. This event has procrastinated, and may possibly defeat, + the settlement of the differences between the United States and that + country. The minister of the United States to Mexico at the date of + the last advices had not been received by the existing authorities. + Demonstrations of a character hostile to the United States continue to + be made in Mexico, which has rendered it proper, in my judgment, to keep + nearly two-thirds of our Army on our southwestern frontier. In doing + this many of the regular military posts have been reduced to a small + force inadequate to their defense should an emergency arise. +</p> +<p> + In view of these "circumstances," it is my "judgment" that "an increase + of our naval and military force is at this time required" to place the + country in a suitable state of defense. At the same time, it is my + settled purpose to pursue such a course of policy as may be best + calculated to preserve both with Great Britain and Mexico an honorable + peace, which nothing will so effectually promote as unanimity in our + councils and a firm maintenance of all our just rights. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 1, 1846</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a letter received from the governor of the State of + Ohio in answer to a communication addressed to him in compliance with + a resolution of the House of Representatives of January 30, 1846, + "requesting the President of the United States to apply to the governor + of the State of Ohio for information in regard to the present condition + of the Columbus and Sandusky turnpike road; whether the said road is + kept in such a state of repair as will enable the Federal Government + to realize in case of need the advantages contemplated by the act of + Congress approved March 3, 1827." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 1, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the request of a delegation of the Tonawanda band of + the Seneca Indians now in this city, I herewith transmit, for your + consideration, a memorial addressed to the President and the Senate in + relation to the treaty of January 15, 1838, with the "Six Nations of New + York Indians," and that of May 20, 1842, with the "Seneca Nation of + Indians'" +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 3, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Acting Secretary of State, with + accompanying papers, in answer to the resolution of the Senate of the + 23d ultimo, requesting the President to communicate to that body, "if + not incompatible with public interests, any correspondence which took + place between the Government of the United States and that of Great + Britain on the subject of the northeastern boundary between the 20th of + June, 1840, and the 4th of March, 1841." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 13, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 11th instant, calling + for "copies of any correspondence that may have taken place between the + authorities of the United States and those of Great Britain since the + last documents transmitted to Congress in relation to the subject + of the Oregon Territory, or so much thereof as may be communicated + without detriment to the public interest," I have to state that no + correspondence in relation to the Oregon Territory has taken place + between the authorities of the United States and those of Great Britain + since the date of the last documents on the subject transmitted by me + to Congress. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 13, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In my annual message of the 2d of December last it was stated that + serious difficulties of long standing continued to distract the several + parties into which the Cherokee tribe of Indians is unhappily divided; + that all the efforts of the Government to adjust these difficulties had + proved to be unsuccessful, and would probably remain so without the aid + of further legislation by Congress. Subsequent events have confirmed + this opinion. +</p> +<p> + I communicate herewith, for the information of Congress, a report of the + Secretary of War, transmitting a report of the Commissioner of Indian + Affairs, with accompanying documents, together with memorials which have + been received from the several bands or parties of the Cherokees + themselves. It will be perceived that internal feuds still exist which + call for the prompt intervention of the Government of the United States. +</p> +<p> + Since the meeting of Congress several unprovoked murders have been + committed by the stronger upon the weaker party of the tribe, which will + probably remain unpunished by the Indian authorities; and there is + reason to apprehend that similar outrages will continue to be + perpetrated unless restrained by the authorities of the United States. +</p> +<p> + Many of the weaker party have been compelled to seek refuge beyond the + limits of the Indian country and within the State of Arkansas, and are + destitute of the means for their daily subsistence. The military forces + of the United States stationed on the western frontier have been active + in their exertions to suppress these outrages and to execute the treaty + of 1835, by which it is stipulated that "the United States agree to + protect the Cherokee Nation from domestic strife and foreign enemies, + and against intestine wars between the several tribes." +</p> +<p> + These exertions of the Army have proved to a great extent unavailing, + for the reasons stated in the accompanying documents, including + communications from the officer commanding at Fort Gibson. +</p> +<p> + I submit, for the consideration of Congress, the propriety of making + such amendments of the laws regulating intercourse with the Indian + tribes as will subject to trial and punishment in the courts of the + United States all Indians guilty of murder and such other felonies as + may be designated, when committed on other Indians within the + jurisdiction of the United States. +</p> +<p> + Such a modification of the existing laws is suggested because if + offenders against the laws of humanity in the Indian country are left + to be punished by Indian laws they will generally, if not always, be + permitted to escape with impunity. This has been the case in repeated + instances among the Cherokees. For years unprovoked murders have been + committed, and yet no effort has been made to bring the offenders to + punishment. Should this state of things continue, it is not difficult to + foresee that the weaker party will be finally destroyed. As the guardian + of the Indian tribes, the Government of the United States is bound by + every consideration of duty and humanity to interpose to prevent such + a disaster. +</p> +<p> + From the examination which I have made into the actual state of things + in the Cherokee Nation I am satisfied that there is no probability that + the different bands or parties into which it is divided can ever again + live together in peace and harmony, and that the well-being of the whole + requires that they should be separated and live under separate + governments as distinct tribes. +</p> +<p> + That portion who emigrated to the west of the Mississippi prior to the + year 1819, commonly called the "Old Settlers," and that portion who made + the treaty of 1835, known as the "treaty party," it is believed would + willingly unite, and could live together in harmony. The number of + these, as nearly as can be estimated, is about one-third of the tribe. + The whole number of all the bands or parties does not probably exceed + 20,000. The country which they occupy embraces 7,000,000 acres of land, + with the privilege of an outlet to the western limits of the United + States. This country is susceptible of division, and is large enough for + all. +</p> +<p> + I submit to Congress the propriety of either dividing the country which + they at present occupy or of providing by law a new home for the one or + the other of the bands or parties now in hostile array against each + other, as the most effectual, if not the only, means of preserving the + weaker party from massacre and total extermination. Should Congress + favor the division of the country as suggested, and the separation of + the Cherokees into two distinct tribes, justice will require that the + annuities and funds belonging to the whole, now held in trust for them + by the United States, should be equitably distributed among the parties, + according to their respective claims and numbers. +</p> +<p> + There is still a small number of the Cherokee tribe remaining within the + State of North Carolina, who, according to the stipulations of the + treaty of 1835, should have emigrated with their brethren to the west of + the Mississippi. It is desirable that they should be removed, and in the + event of a division of the country in the West, or of a new home being + provided for a portion of the tribe, that they be permitted to join + either party, as they may prefer, and be incorporated with them. +</p> +<p> + I submit the whole subject to Congress, that such legislative measures + may be adopted as will be just to all the parties or bands of the tribe. + Such measures, I am satisfied, are the only means of arresting the + horrid and inhuman massacres which have marked the history of the + Cherokees for the last few years, and especially for the last few + months. +</p> +<p> + The Cherokees have been regarded as among the most enlightened of the + Indian tribes, but experience has proved that they have not yet advanced + to such a state of civilization as to dispense with the guardian care + and control of the Government of the United States. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 14, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In compliance with the act of the 3d of March, 1845, I communicate + herewith to Congress a report of the Secretaries of War and the Navy on + the subject of a fireproof building for the War and Navy Departments, + together with documents explaining the plans to which it refers and + containing an estimate of the cost of erecting the buildings proposed. +</p> +<p> + Congress having made no appropriation for the employment of an architect + to prepare and submit the necessary plans, none was appointed. Several + skillful architects were invited to submit plans and estimates, and from + those that were voluntarily furnished a selection has been made of such + as would furnish the requisite building for the accommodation of the War + and Navy Departments at the least expense. +</p> +<p> + All the plans and estimates which have been received are herewith + communicated, for the information of Congress. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 20, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have considered the resolution of the House of Representatives of the + 9th instant, by which I am requested "to cause to be furnished to that + House an account of all payments made on President's certificates + from the fund appropriated by law, through the agency of the State + Department, for the contingent expenses of foreign intercourse from the + 4th of March, 1841, until the retirement of Daniel Webster from the + Department of State, with copies of all entries, receipts, letters, + vouchers, memorandums, or other evidence of such payments, to whom paid, + for what, and particularly all concerning the northeastern-boundary + dispute with Great Britain." +</p> +<p> + With an anxious desire to furnish to the House any information requested + by that body which may be in the Executive Departments, I have felt + bound by a sense of public duty to inquire how far I could with + propriety, or consistently with the existing laws, respond to their + call. +</p> +<p> + The usual annual appropriation "for the contingent expenses of + intercourse between the United States and foreign nations" has been + disbursed since the date of the act of May 1, 1810, in pursuance of + its provisions. By the third section of that act it is provided— +</p> +<p class="q"> + That when any sum or sums of money shall be drawn from the Treasury + under any law making appropriation for the contingent expenses of + intercourse between the United States and foreign nations the President + shall be, and he is hereby, authorized to cause the same to be duly + settled annually with the accounting officers of the Treasury in the + manner following; that is to say, by causing the same to be accounted + for specially in all instances wherein the expenditure thereof may in + his judgment be made public, and by making a certificate of the amount + of such expenditures as he may think it advisable not to specify; and + every such certificate shall be deemed a sufficient voucher for the sum + or sums therein expressed to have been expended. +</p> +<p> + Two distinct classes of expenditure are authorized by this law—the one + of a public and the other of a private and confidential character. The + President in office at the time of the expenditure is made by the law + the sole judge whether it shall be public or private. Such sums are to + be "accounted for specially in all instances wherein the expenditure + thereof may in his judgment be made public." All expenditures "accounted + for specially" are settled at the Treasury upon vouchers, and not on + "President's certificates," and, like all other public accounts, are + subject to be called for by Congress, and are open to public + examination. Had information as respects this class of expenditures been + called for by the resolution of the House, it would have been promptly + communicated. +</p> +<p> + Congress, foreseeing that it might become necessary and proper to apply + portions of this fund for objects the original accounts and vouchers for + which could not be "made public" without injury to the public interests, + authorized the President, instead of such accounts and vouchers, to make + a certificate of the amount "of such expenditures as he may think it + advisable not to specify," and have provided that "every such + certificate shall be deemed a sufficient voucher for the sum or sums + therein expressed to have been expended." +</p> +<p> + The law making these provisions is in full force. It is binding upon all + the departments of the Government, and especially upon the Executive, + whose duty it is "to take care that the laws be faithfully executed." In + the exercise of the discretion lodged by it in the Executive several of + my predecessors have made "certificates" of the amount "of such + expenditures as they have thought it advisable not to specify," and upon + these certificates as the only vouchers settlements have been made at + the Treasury. +</p> +<p> + It appears that within the period specified in the resolution of the + House certificates were given by my immediate predecessor, upon which + settlements have been made at the Treasury, amounting to $5,460. He has + solemnly determined that the objects and items of these expenditures + should not be made public, and has given his certificates to that + effect, which are placed upon the records of the country. Under the + direct authority of an existing law, he has exercised the power of + placing these expenditures under the seal of confidence, and the whole + matter was terminated before I came into office. An important question + arises, whether a subsequent President, either voluntarily or at the + request of one branch of Congress, can without a violation of the spirit + of the law revise the acts of his predecessor and expose to public view + that which he had determined should not be "made public." If not a + matter of strict duty, it would certainly be a safe general rule that + this should not be done. Indeed, it may well happen, and probably would + happen, that the President for the time being would not be in possession + of the information upon which his predecessor acted, and could not, + therefore, have the means of judging whether he had exercised his + discretion wisely or not. The law requires no other voucher but the + President's certificate, and there is nothing in its provisions which + requires any "entries, receipts, letters, vouchers, memorandums, or + other evidence of such payments" to be preserved in the executive + department. The President who makes the "certificate" may, if he + chooses, keep all the information and evidence upon which he acts in his + own possession. If, for the information of his successors, he shall + leave the evidence on which he acts and the items of the expenditures + which make up the sum for which he has given his "certificate" on the + confidential files of one of the Executive Departments, they do not in + any proper sense become thereby public records. They are never seen or + examined by the accounting officers of the Treasury when they settle an + account on the "President's certificate." The First Congress of the + United States on the 1st of July, 1790, passed an act "providing the + means of intercourse between the United States and foreign nations," by + which a similar provision to that which now exists was made for the + settlement of such expenditures as in the judgment of the President + ought not to be made public. This act was limited in its duration. It + was continued for a limited term in 1793, and between that time and the + date of the act of May 1, 1810, which is now in force, the same + provision was revived and continued. Expenditures were made and settled + under Presidential certificates in pursuance of these laws. +</p> +<p> + If the President may answer the present call, he must answer similar + calls for every such expenditure of a confidential character, made under + every Administration, in war and in peace, from the organization of the + Government to the present period. To break the seal of confidence + imposed by the law, and heretofore uniformly preserved, would be + subversive of the very purpose for which the law was enacted, and might + be productive of the most disastrous consequences. The expenditures of + this confidential character, it is believed, were never before sought to + be made public, and I should greatly apprehend the consequences of + establishing a precedent which would render such disclosures hereafter + inevitable. +</p> +<p> + I am fully aware of the strong and correct public feeling which exists + throughout the country against secrecy of any kind in the administration + of the Government, and especially in reference to public expenditures; + yet our foreign negotiations are wisely and properly confined to the + knowledge of the Executive during their pendency. Our laws require the + accounts of every particular expenditure to be rendered and publicly + settled at the Treasury Department. The single exception which exists is + not that the amounts embraced under President's certificates shall be + withheld from the public, but merely that the items of which these are + composed shall not be divulged. To this extent, and no further, is + secrecy observed. +</p> +<p> + The laudable vigilance of the people in regard to all the expenditures + of the Government, as well as a sense of duty on the part of the + President and a desire to retain the good opinion of his + fellow-citizens, will prevent any sum expended from being accounted for + by the President's certificate unless in cases of urgent necessity. Such + certificates have therefore been resorted to but seldom throughout our + past history. +</p> +<p> + For my own part, I have not caused any account whatever to be settled on + a Presidential certificate. I have had no occasion rendering it + necessary in my judgment to make such a certificate, and it would be an + extreme case which would ever induce me to exercise this authority; yet + if such a case should arise it would be my duty to assume the + responsibility devolved on me by the law. +</p> +<p> + During my Administration all expenditures for contingent expenses of + foreign intercourse in which the accounts have been closed have been + settled upon regular vouchers, as all other public accounts are settled + at the Treasury. +</p> +<p> + It may be alleged that the power of impeachment belongs to the House of + Representatives, and that, with a view to the exercise of this power, + that House has the right to investigate the conduct of all public + officers under the Government. This is cheerfully admitted. In such a + case the safety of the Republic would be the supreme law, and the power + of the House in the pursuit of this object would penetrate into the most + secret recesses of the Executive Departments. It could command the + attendance of any and every agent of the Government, and compel them to + produce all papers, public or private, official or unofficial, and to + testify on oath to all facts within their knowledge. But even in a case + of that kind they would adopt all wise precautions to prevent the + exposure of all such matters the publication of which might injuriously + affect the public interest, except so far as this might be necessary to + accomplish the great ends of public justice. If the House of + Representatives, as the grand inquest of the nation, should at any time + have reason to believe that there has been malversation in office by an + improper use or application of the public money by a public officer, and + should think proper to institute an inquiry into the matter, all the + archives and papers of the Executive Departments, public or private, + would be subject to the inspection and control of a committee of their + body and every facility in the power of the Executive be afforded to + enable them to prosecute the investigation. +</p> +<p> + The experience of every nation on earth has demonstrated that + emergencies may arise in which it becomes absolutely necessary for the + public safety or the public good to make expenditures the very object of + which would be defeated by publicity. Some governments have very large + amounts at their disposal, and have made vastly greater expenditures + than the small amounts which have from time to time been accounted for + on President's certificates. In no nation is the application of such + sums ever made public. In time of war or impending danger the situation + of the country may make it necessary to employ individuals for the + purpose of obtaining information or rendering other important services + who could never be prevailed upon to act if they entertained the least + apprehension that their names or their agency would in any contingency + be divulged. So it may often become necessary to incur an expenditure + for an object highly useful to the country; for example, the conclusion + of a treaty with a barbarian power whose customs require on such + occasions the use of presents. But this object might be altogether + defeated by the intrigues of other powers if our purposes were to be + made known by the exhibition of the original papers and vouchers to the + accounting officers of the Treasury. It would be easy to specify other + cases which may occur in the history of a great nation, in its + intercourse with other nations, wherein it might become absolutely + necessary to incur expenditures for objects which could never be + accomplished if it were suspected in advance that the items of + expenditure and the agencies employed would be made public. +</p> +<p> + Actuated undoubtedly by considerations of this kind, Congress provided + such a fund, coeval with the organization of the Government, and + subsequently enacted the law of 1810 as the permanent law of the land. + While this law exists in full force I feel bound by a high sense of + public policy and duty to observe its provisions and the uniform + practice of my predecessors under it. +</p> +<p> + With great respect for the House of Representatives and an anxious + desire to conform to their wishes, I am constrained to come to this + conclusion. +</p> +<p> + If Congress disapprove the policy of the law, they may repeal its + provisions. +</p> +<p> + In reply to that portion of the resolution of the House which calls for + "copies of whatever communications were made from the Secretary of State + during the last session of the Twenty-seventh Congress, particularly + February, 1843, to Mr. Cushing and Mr. Adams, members of the Committee + of this House on Foreign Affairs, of the wish of the President of the + United States to institute a special mission to Great Britain," I have + to state that no such communications or copies of them are found in the + Department of State. +</p> +<p> + "Copies of all letters on the books of the Department of State to any + officer of the United States or any person in New York concerning + Alexander McLeod," which are also called for by the resolution, are + herewith communicated. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 20, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, in answer to their resolution of the + 8th instant, a report from the Secretary of State, with accompanying + papers, containing the information and correspondence referred to in + that resolution, relative to the search of American vessels by British + cruisers subsequent to the date of the treaty of Washington. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 27, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith the information called for by a resolution of the + Senate of the 3d December last, relating to "claims arising under the + fourteenth article of the treaty of Dancing Rabbit Creek" with the + Choctaw tribe of Indians, concluded in September, 1830. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 27, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Secretary of War and accompanying + papers, containing the information called for by the resolution of the + House of Representatives of December 19, 1845, relating to certain + claims of the Chickasaw tribe of Indians. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 27, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report and accompanying papers from the Secretary + of War, in reply to the resolution of the House of Representatives of + the 31st of December last, in relation to claims arising under the + Choctaw treaty of 1830 which have been presented to and allowed or + rejected by commissioners appointed in pursuance of the acts of 3d of + March, 1837, and 23d of August, 1842. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 6, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith reports from the Secretary of War and the Secretary + of the Treasury, with additional papers, relative to the claims of + certain Chickasaw Indians, which, with those heretofore communicated to + Congress, contain all the information called for by the resolution of + the House of Representatives of the 19th of December last. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 6, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, with + accompanying papers, in answer to a resolution of the House of + Representatives of the 8th ultimo, requesting the President to + communicate to that body, "if not incompatible with the public interest, + copies of the correspondence of George William Gordon, late consul of + the United States at Rio de Janeiro, with the Department of State, + relating to the slave trade in vessels and by citizens of the United + States between the coast of Africa and Brazil." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 6, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Secretary of War, in answer to the + resolution of the House of Representatives of the 4th instant, calling + for information "whether any soldier or soldiers of the Army of the + United States have been shot for desertion, or in the act of deserting, + and, if so, by whose order and under what authority." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 11, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The existing state of the relations between the United States and Mexico + renders it proper that I should bring the subject to the consideration + of Congress. In my message at the commencement of your present session + the state of these relations, the causes which led to the suspension of + diplomatic intercourse between the two countries in March, 1845, and the + long-continued and unredressed wrongs and injuries committed by the + Mexican Government on citizens of the United States in their persons and + property were briefly set forth. +</p> +<p> + As the facts and opinions which were then laid before you were carefully + considered, I can not better express my present convictions of the + condition of affairs up to that time than by referring you to that + communication. +</p> +<p> + The strong desire to establish peace with Mexico on liberal and + honorable terms, and the readiness of this Government to regulate and + adjust our boundary and other causes of difference with that power on + such fair and equitable principles as would lead to permanent relations + of the most friendly nature, induced me in September last to seek the + reopening of diplomatic relations between the two countries. Every + measure adopted on our part had for its object the furtherance of these + desired results. In communicating to Congress a succinct statement of + the injuries which we had suffered from Mexico, and which have been + accumulating during a period of more than twenty years, every expression + that could tend to inflame the people of Mexico or defeat or delay a + pacific result was carefully avoided. An envoy of the United States + repaired to Mexico with full powers to adjust every existing difference. + But though present on the Mexican soil by agreement between the two + Governments, invested with full powers, and bearing evidence of the most + friendly dispositions, his mission has been unavailing. The Mexican + Government not only refused to receive him or listen to his + propositions, but after a long-continued series of menaces have at last + invaded our territory and shed the blood of our fellow-citizens on our + own soil. +</p> +<p> + It now becomes my duty to state more in detail the origin, progress, and + failure of that mission. In pursuance of the instructions given in + September last, an inquiry was made on the 13th of October, 1845, in the + most friendly terms, through our consul in Mexico, of the minister for + foreign affairs, whether the Mexican Government "would receive an envoy + from the United States intrusted with full powers to adjust all the + questions in dispute between the two Governments," with the assurance + that "should the answer be in the affirmative such an envoy would be + immediately dispatched to Mexico." The Mexican minister on the 15th of + October gave an affirmative answer to this inquiry, requesting at the + same time that our naval force at Vera Cruz might be withdrawn, lest its + continued presence might assume the appearance of menace and coercion + pending the negotiations. This force was immediately withdrawn. On the + 10th of November, 1845, Mr. John Slidell, of Louisiana, was commissioned + by me as envoy extraordinary and minister plenipotentiary of the United + States to Mexico, and was intrusted with full powers to adjust both the + questions of the Texas boundary and of indemnification to our citizens. + The redress of the wrongs of our citizens naturally and inseparably + blended itself with the question of boundary. The settlement of the one + question in any correct view of the subject involves that of the other. + I could not for a moment entertain the idea that the claims of our + much-injured and long-suffering citizens, many of which had existed for + more than twenty years, should be postponed or separated from the + settlement of the boundary question. +</p> +<p> + Mr. Slidell arrived at Vera Cruz on the 30th of November, and was + courteously received by the authorities of that city. But the Government + of General Herrera was then tottering to its fall. The revolutionary + party had seized upon the Texas question to effect or hasten its + overthrow. Its determination to restore friendly relations with the + United States, and to receive our minister to negotiate for the + settlement of this question, was violently assailed, and was made the + great theme of denunciation against it. The Government of General + Herrera, there is good reason to believe, was sincerely desirous to + receive our minister; but it yielded to the storm raised by its enemies, + and on the 21st of December refused to accredit Mr. Slidell upon the + most frivolous pretexts. These are so fully and ably exposed in the note + of Mr. Slidell of the 24th of December last to the Mexican minister of + foreign relations, herewith transmitted, that I deem it unnecessary to + enter into further detail on this portion of the subject. +</p> +<p> + Five days after the date of Mr. Slidell's note General Herrera yielded + the Government to General Paredes without a struggle, and on the 30th of + December resigned the Presidency. This revolution was accomplished + solely by the army, the people having taken little part in the contest; + and thus the supreme power in Mexico passed into the hands of a military + leader. +</p> +<p> + Determined to leave no effort untried to effect an amicable adjustment + with Mexico, I directed Mr. Slidell to present his credentials to the + Government of General Paredes and ask to be officially received by him. + There would have been less ground for taking this step had General + Paredes come into power by a regular constitutional succession. In that + event his administration would have been considered but a mere + constitutional continuance of the Government of General Herrera, and the + refusal of the latter to receive our minister would have been deemed + conclusive unless an intimation had been given by General Paredes of his + desire to reverse the decision of his predecessor. But the Government of + General Paredes owes its existence to a military revolution, by which + the subsisting constitutional authorities had been subverted. The form + of government was entirely changed, as well as all the high + functionaries by whom it was administered. +</p> +<p> + Under these circumstances, Mr. Slidell, in obedience to my direction, + addressed a note to the Mexican minister of foreign relations, under + date of the 1st of March last, asking to be received by that Government + in the diplomatic character to which he had been appointed. This + minister in his reply, under date of the 12th of March, reiterated the + arguments of his predecessor, and in terms that may be considered as + giving just grounds of offense to the Government and people of the + United States denied the application of Mr. Slidell. Nothing therefore + remained for our envoy but to demand his passports and return to his own + country. +</p> +<p> + Thus the Government of Mexico, though solemnly pledged by official acts + in October last to receive and accredit an American envoy, violated + their plighted faith and refused the offer of a peaceful adjustment of + our difficulties. Not only was the offer rejected, but the indignity of + its rejection was enhanced by the manifest breach of faith in refusing + to admit the envoy who came because they had bound themselves to receive + him. Nor can it be said that the offer was fruitless from the want of + opportunity of discussing it; our envoy was present on their own soil. + Nor can it be ascribed to a want of sufficient powers; our envoy had + full powers to adjust every question of difference. Nor was there room + for complaint that our propositions for settlement were unreasonable; + permission was not even given our envoy to make any proposition + whatever. Nor can it be objected that we, on our part, would not listen + to any reasonable terms of their suggestion; the Mexican Government + refused all negotiation, and have made no proposition of any kind. +</p> +<p> + In my message at the commencement of the present session I informed you + that upon the earnest appeal both of the Congress and convention of + Texas I had ordered an efficient military force to take a position + "between the Nueces and the Del Norte." This had become necessary to + meet a threatened invasion of Texas by the Mexican forces, for which + extensive military preparations had been made. The invasion was + threatened solely because Texas had determined, in accordance with a + solemn resolution of the Congress of the United States, to annex herself + to our Union, and under these circumstances it was plainly our duty to + extend our protection over her citizens and soil. +</p> +<p> + This force was concentrated at Corpus Christi, and remained there until + after I had received such information from Mexico as rendered it + probable, if not certain, that the Mexican Government would refuse to + receive our envoy. +</p> +<p> + Meantime Texas, by the final action of our Congress, had become an + integral part of our Union. The Congress of Texas, by its act of + December 19, 1836, had declared the Rio del Norte to be the boundary of + that Republic. Its jurisdiction had been extended and exercised beyond + the Nueces. The country between that river and the Del Norte had been + represented in the Congress and in the convention of Texas, had thus + taken part in the act of annexation itself, and is now included within + one of our Congressional districts. Our own Congress had, moreover, with + great unanimity, by the act approved December 31, 1845, recognized the + country beyond the Nueces as a part of our territory by including it + within our own revenue system, and a revenue officer to reside within + that district has been appointed by and with the advice and consent of + the Senate. It became, therefore, of urgent necessity to provide for the + defense of that portion of our country. Accordingly, on the 13th of + January last instructions were issued to the general in command of these + troops to occupy the left bank of the Del Norte. This river, which is + the southwestern boundary of the State of Texas, is an exposed frontier. + From this quarter invasion was threatened; upon it and in its immediate + vicinity, in the judgment of high military experience, are the proper + stations for the protecting forces of the Government. In addition to + this important consideration, several others occurred to induce this + movement. Among these are the facilities afforded by the ports at Brazos + Santiago and the mouth of the Del Norte for the reception of supplies by + sea, the stronger and more healthful military positions, the convenience + for obtaining a ready and a more abundant supply of provisions, water, + fuel, and forage, and the advantages which are afforded by the Del Norte + in forwarding supplies to such posts as may be established in the + interior and upon the Indian frontier. +</p> +<p> + The movement of the troops to the Del Norte was made by the commanding + general under positive instructions to abstain from all aggressive acts + toward Mexico or Mexican citizens and to regard the relations between + that Republic and the United States as peaceful unless she should + declare war or commit acts of hostility indicative of a state of war. He + was specially directed to protect private property and respect personal + rights. +</p> +<p> + The Army moved from Corpus Christi on the 11th of March, and on the 28th + of that month arrived on the left bank of the Del Norte opposite to + Matamoras, where it encamped on a commanding position, which has since + been strengthened by the erection of fieldworks. A depot has also been + established at Point Isabel, near the Brazos Santiago, 30 miles in rear + of the encampment. The selection of his position was necessarily + confided to the judgment of the general in command. +</p> +<p> + The Mexican forces at Matamoras assumed a belligerent attitude, and on + the 12th of April General Ampudia, then in command, notified General + Taylor to break up his camp within twenty-four hours and to retire + beyond the Nueces River, and in the event of his failure to comply with + these demands announced that arms, and arms alone, must decide the + question. But no open act of hostility was committed until the 24th of + April. On that day General Arista, who had succeeded to the command of + the Mexican forces, communicated to General Taylor that "he considered + hostilities commenced and should prosecute them." A party of dragoons of + 63 men and officers were on the same day dispatched from the American + camp up the Rio del Norte, on its left bank, to ascertain whether the + Mexican troops had crossed or were preparing to cross the river, "became + engaged with a large body of these troops, and after a short affair, in + which some 16 were killed and wounded, appear to have been surrounded + and compelled to surrender." +</p> +<p> + The grievous wrongs perpetrated by Mexico upon our citizens throughout a + long period of years remain unredressed, and solemn treaties pledging + her public faith for this redress have been disregarded. A government + either unable or unwilling to enforce the execution of such treaties + fails to perform one of its plainest duties. +</p> +<p> + Our commerce with Mexico has been almost annihilated. It was formerly + highly beneficial to both nations, but our merchants have been deterred + from prosecuting it by the system of outrage and extortion which the + Mexican authorities have pursued against them, whilst their appeals + through their own Government for indemnity have been made in vain. Our + forbearance has gone to such an extreme as to be mistaken in its + character. Had we acted with vigor in repelling the insults and + redressing the injuries inflicted by Mexico at the commencement, we + should doubtless have escaped all the difficulties in which we are now + involved. +</p> +<p> + Instead of this, however, we have been exerting our best efforts to + propitiate her good will. Upon the pretext that Texas, a nation as + independent as herself, thought proper to unite its destinies with our + own, she has affected to believe that we have severed her rightful + territory, and in official proclamations and manifestoes has repeatedly + threatened to make war upon us for the purpose of reconquering Texas. In + the meantime we have tried every effort at reconciliation. The cup of + forbearance had been exhausted even before the recent information from + the frontier of the Del Norte. But now, after reiterated menaces, Mexico + has passed the boundary of the United States, has invaded our territory + and shed American blood upon the American soil. She has proclaimed that + hostilities have commenced, and that the two nations are now at war. +</p> +<p> + As war exists, and, notwithstanding all our efforts to avoid it, exists + by the act of Mexico herself, we are called upon by every consideration + of duty and patriotism to vindicate with decision the honor, the rights, + and the interests of our country. +</p> +<p> + Anticipating the possibility of a crisis like that which has arrived, + instructions were given in August last, "as a precautionary measure" + against invasion or threatened invasion, authorizing General Taylor, if + the emergency required, to accept volunteers, not from Texas only, but + from the States of Louisiana, Alabama, Mississippi, Tennessee, and + Kentucky, and corresponding letters were addressed to the respective + governors of those States. These instructions were repeated, and in + January last, soon after the incorporation of "Texas into our Union of + States," General Taylor was further "authorized by the President to make + a requisition upon the executive of that State for such of its militia + force as may be needed to repel invasion or to secure the country + against apprehended invasion." On the 2d day of March he was again + reminded, "in the event of the approach of any considerable Mexican + force, promptly and efficiently to use the authority with which he was + clothed to call to him such auxiliary force as he might need." War + actually existing and our territory having been invaded, General Taylor, + pursuant to authority vested in him by my direction, has called on the + governor of Texas for four regiments of State troops, two to be mounted + and two to serve on foot, and on the governor of Louisiana for four + regiments of infantry to be sent to him as soon as practicable. +</p> +<p> + In further vindication of our rights and defense of our territory, I + invoke the prompt action of Congress to recognize the existence of the + war, and to place at the disposition of the Executive the means of + prosecuting the war with vigor, and thus hastening the restoration of + peace. To this end I recommend that authority should be given to call + into the public service a large body of volunteers to serve for not less + than six or twelve months unless sooner discharged. A volunteer force is + beyond question more efficient than any other description of citizen + soldiers, and it is not to be doubted that a number far beyond that + required would readily rush to the field upon the call of their country. + I further recommend that a liberal provision be made for sustaining our + entire military force and furnishing it with supplies and munitions of + war. +</p> +<p> + The most energetic and prompt measures and the immediate appearance in + arms of a large and overpowering force are recommended to Congress as + the most certain and efficient means of bringing the existing collision + with Mexico to a speedy and successful termination. +</p> +<p> + In making these recommendations I deem it proper to declare that it is + my anxious desire not only to terminate hostilities speedily, but to + bring all matters in dispute between this Government and Mexico to an + early and amicable adjustment; and in this view I shall be prepared to + renew negotiations whenever Mexico shall be ready to receive + propositions or to make propositions of her own. +</p> +<p> + I transmit herewith a copy of the correspondence between our envoy to + Mexico and the Mexican minister for foreign affairs, and so much of the + correspondence between that envoy and the Secretary of State and between + the Secretary of War and the general in command on the Del Norte as is + necessary to a full understanding of the subject. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 12, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit to Congress a copy of a communication<a href="#note-7"><small>7</small></a> from the + officer commanding the Army in Texas, with the papers which accompanied + it. They were received by the Southern mail of yesterday, some hours + after my message of that date had been transmitted, and are of a prior + date to one of the communications from the same officer which + accompanied that message. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 19, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War, in answer to a + resolution of the Senate of the 4th of December last, which contains the + information called for "with respect to the practicability and utility + of a fort or forts on Ship Island, on the coast of Mississippi, with a + view to the protection of said coast." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 26, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + A convention was concluded at Lima on 17th March, 1841, between the + United States and the Republic of Peru, for the adjustment of claims + of our citizens upon that Republic. It was stipulated by the seventh + article of this convention that "it shall be ratified by the contracting + parties, and the ratifications shall be exchanged within two years from + its date, or sooner if possible, after having been approved by the + President and Senate of the United States and by the Congress of Peru." +</p> +<p> + This convention was transmitted by the President to the Senate for their + consideration during the extra session of 1841, but it did not receive + their approbation until the 5th January, 1843. This delay rendered it + impracticable that the convention should reach Lima before the 17th + March, 1843, the last day when the ratifications could be exchanged + under the terms of its seventh article. The Senate therefore extended + the time for this purpose until the 20th December, 1843. +</p> +<p> + In the meantime, previous to the 17th March, 1843, General Menendez, + the constitutional President of Peru, had ratified the convention, + declaring, however, in the act of ratification itself (which is without + date), that "the present convention and ratification are to be submitted + within the time stipulated in the seventh article for the final + approbation of the National Congress." This was, however, rendered + impossible from the fact that no Peruvian Congress assembled from the + date of the convention until the year 1845. +</p> +<p> + When the convention arrived at Lima General Menendez had been deposed + by a revolution, and General Vivanco had placed himself at the head of + the Government. On the 16th July, 1843, the convention was ratified + by him in absolute terms without the reference to Congress which the + constitution of Peru requires, because, as the ratification states, + "under existing circumstances the Government exercises the legislative + powers demanded by the necessities of the State." The ratifications were + accordingly exchanged at Lima on the 22d July, 1843, and the convention + itself was proclaimed at Washington by the President on the 21st day of + February, 1844. +</p> +<p> + In the meantime General Vivanco was deposed, and on the 12th October, + 1843, the Government then in existence published a decree declaring all + his administrative acts to be null and void, and notwithstanding the + earnest and able remonstrances of Mr. Pickett, our chargé d'affaires at + Lima, the Peruvian Government have still persisted in declaring that the + ratification of the convention by Vivanco was invalid. +</p> +<p> + After the meeting of the Peruvian Congress in 1845 the convention was + submitted to that body, by which it was approved on the 21st of October + last, "with the condition, however, that the first installment of + $30,000 on account of the principal of the debt thereby recognized, and + to which the second article relates, should begin from the 1st day of + January, 1846, and the interest on this annual sum, according to article + 3, should be calculated and paid from the 1st day of January, 1842, + following in all other respects besides this modification the terms of + the convention." +</p> +<p> + I am not in possession of the act of the Congress of Peru containing + this provision, but the information is communicated through a note under + date of the 15th of November, 1845, from the minister of foreign affairs + of Peru to the chargé d'affaires of the United States at Lima. A copy of + this note has been transmitted to the Department of State both by our + chargé d'affaires at Lima and by the Peruvian minister of foreign + affairs, and a copy of the same is herewith transmitted. +</p> +<p> + Under these circumstances I submit to the Senate, for their + consideration, the amendment to the convention thus proposed by the + Congress of Peru, with a view to its ratification. It would have been + more satisfactory to have submitted the act itself of the Peruvian + Congress, but, on account of the great distance, if I should wait until + its arrival another year might be consumed, whilst the American + claimants have already been too long delayed in receiving the money + justly due to them. Several of the largest of these claimants would, + I am informed, be satisfied with the modification of the convention + adopted by the Peruvian Congress. +</p> +<p> + A difficulty may arise in regard to the form of any proceeding which the + Senate might think proper to adopt, from the fact that the original + convention approved by them was sent to Peru and was exchanged for the + other original, ratified by General Vivanco, which is now in the + Department of State. In order to obviate this difficulty as far as may + be in my power, I transmit a copy of the convention, under the seal of + the United States, on which the Senate might found any action they may + deem advisable. +</p> +<p> + I would suggest that should the Senate advise the adoption of the + amendment proposed by the Peruvian Congress the time for exchanging the + ratifications of the amended convention ought to be extended for a + considerable period, so as to provide against all accidents in its + transmission to Lima. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 27, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the request contained in the resolution of the House + of Representatives of this date, I transmit copies of all the official + dispatches which have been received from General Taylor, commanding the + army of occupation on the Rio Grande, relating to the battles<a href="#note-8"><small>8</small></a> of the + 8th and 9th instant. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 28, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit a copy of a note, under date the 26th instant, from the envoy + extraordinary and minister plenipotentiary of Her Britannic Majesty to + the Secretary of State, communicating a dispatch, under date of the 4th + instant, received by him from Her Majesty's principal secretary of state + for foreign affairs. +</p> +<p> + From these it will be seen that the claims of the two Governments upon + each other for a return of duties which had been levied in violation of + the commercial convention of 1815 have been finally and satisfactorily + adjusted. In making this communication I deem it proper to express my + satisfaction at the prompt manner in which the British Government has + acceded to the suggestion of the Secretary of State for the speedy + termination of this affair. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 1, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I propose, for the reason stated in the accompanying communication of + the Secretary of War, that the confirmation of Brevet Second Lieutenant + L.B. Wood by the Senate on the 5th of February, as a second lieutenant + in the Fifth Regiment of Infantry, be canceled; and I nominate the + officers named in the same communication for regular promotion in the + Army. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p> + WAR DEPARTMENT, <i>May 15, 1846</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: On the 12th of December last a list of promotions and appointments + of officers of the Army was submitted to the Senate for confirmation, in + which list Brevet Second Lieutenant L.B. Wood, of the Eighth Infantry, + was nominated to the grade of second lieutenant in the Fifth Regiment of + Infantry, <i>vice</i> Second Lieutenant Deas, promoted. He was entitled to + this vacancy by <i>seniority</i>, but in a letter dated November 30, 1845, + and received at the Adjutant-General's Office December 30, 1845 + (eighteen days <i>after</i> the list referred to above had been sent to the + Senate), he says: "I respectfully beg leave to be permitted to decline + promotion in any other regiment, and to fill the first vacancy which may + happen in the Eighth." This request was acceded to, and accordingly, on + the first subsequent list submitted to the Senate, dated January 8, + 1846, Brevet Second Lieutenant Charles S. Hamilton, of the Second + Infantry (the next below Lieutenant Wood), was nominated to fill the + vacancy in the <i>Fifth</i> Regiment and Lieutenant Wood to a vacancy which + has occurred meanwhile (December 31) in the <i>Eighth</i>. +</p> +<p> + The foregoing circumstances were explained in a note to the nomination + list of January 8, but it is probable the explanation escaped + observation in the Senate, as on the 5th of February Lieutenant Wood was + confirmed in the Fifth Infantry, agreeably to the first nomination, + while no action appears to have been taken on his nomination or that of + Lieutenant Hamilton on the subsequent list of January 8, 1846. +</p> +<p> + As no commissions have yet been issued to these officers, and as + Lieutenant Wood has renewed his application to be continued in the + Eighth Infantry, I respectfully suggest that the Senate be requested to + cancel their confirmation, on the 5th of February, of his promotion as a + second lieutenant in the Fifth Regiment of Infantry; and I have the + honor to propose the renomination of the lieutenants whose names are + annexed for regular promotion, to wit: +</p> +<center> + <i>Fifth Regiment of Infantry.</i> +</center> +<p> + Brevet Second Lieutenant Charles S. Hamilton, of the Second Regiment + of Infantry, to be second lieutenant, November 17, 1846, <i>vice</i> Deas, + promoted. +</p> +<center> + <i>Eighth Regiment of Infantry.</i> +</center> +<p> + Brevet Second Lieutenant Lafayette B. Wood to be second lieutenant, + December 31, 1846, <i>vice</i> Maclay, promoted. +</p> +<p> + I am, sir, with great respect, your obedient servant, +</p> +<p class="r"> + W.L. MARCY. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 5, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 22d ultimo, calling for + information upon the subject of the treaties which were concluded + between the late Republic of Texas and England and France, respectively, + I transmit a report from the Secretary of State and the documents by + which it was accompanied. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 6, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolutions of the Senate of the 10th, 11th, and 22d of + April last, I communicate herewith a report from the Secretary of State, + accompanied with the correspondence between the Government of the United + States and that of Great Britain in the years 1840, 1841, 1842, and 1843 + respecting the right or practice of visiting or searching merchant + vessels in time of peace, and also the protest addressed by the minister + of the United States at Paris in the year 1842 against the concurrence + of France in the quintuple treaty, together with all correspondence + relating thereto. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 6, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, a + convention signed on the 2d day of May, 1846, by the minister of the + United States at Berlin with the plenipotentiary of Hesse-Cassel, for + the mutual abolition of the <i>droit d'aubaine</i> and duties on emigration + between that German State and the United States; and I communicate with + the convention an explanatory dispatch of the minister of the United + States dated on the same day of the present year and numbered 284. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 8, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of War, transmitting + the correspondence called for by the resolution of the Senate of the 5th + instant with General Edmund P. Gaines and General Winfield Scott, of the + Army of the United States. +</p> +<p> + The report of the Secretary of War and the accompanying correspondence + with General Gaines contain all the information in my possession in + relation to calls for "volunteers or militia into the service of the + United States" "by any officer of the Army" without legal "authority + therefor," and of the "measures which have been adopted" "in relation + to such officer or troops so called into service." +</p> +<p> + In addition to the information contained in the report of the Secretary + of War and the accompanying correspondence with "Major-General Scott, of + the United States Army, upon the subject of his taking the command of + the army of occupation on the frontier of Texas," I state that on the + same day on which I approved and signed the act of the 13th of May, + 1846, entitled "An act providing for the prosecution of the existing war + between the United States and the Republic of Mexico," I communicated to + General Scott, through the Secretary of War, and also in a personal + interview with that officer, my desire that he should take command of + the Army on the Rio Grande and of the volunteer forces which I informed + him it was my intention forthwith to call out to march to that frontier + to be employed in the prosecution of the war against Mexico. The tender + of the command to General Scott was voluntary on my part, and was made + without any request or intimation on the subject from him. It was made + in consideration of his rank as Commander in Chief of the Army. My + communications with General Scott assigning him the command were verbal, + first through the Secretary of War and afterwards in person. No written + order was deemed to be necessary. General Scott assented to assume the + command, and on the following day I had another interview with him and + the Secretary of War, in relation to the number and apportionment among + the several States of the volunteer forces to be called out for + immediate service, the forces which were to be organized and held in + readiness subject to a future call should it become necessary, and other + military preparations and movements to be made with a view to the + vigorous prosecution of the war. It was distinctly settled, and was well + understood by General Scott, that he was to command the Army in the war + against Mexico, and so continued to be settled and understood without + any other intention on my part until the Secretary of War submitted to + me the letter of General Scott addressed to him under date of the 21st + of May, 1846, a copy of which is herewith communicated. The character of + that letter made it proper, in my judgment, to change my determination + in regard to the command of the Army, and the Secretary of War, by my + direction, in his letter of the 25th of May, 1846, a copy of which is + also herewith communicated, for the reasons therein assigned, informed + General Scott that he was relieved from the command of the Army destined + to prosecute the war against Mexico, and that he would remain in the + discharge of his duties at Washington. The command of the Army on the + frontier of Mexico has since been assigned to General Taylor, with his + brevet rank of major-general recently conferred upon him. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 10, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I lay before the Senate a proposal, in the form of a convention, + presented to the Secretary of State on the 6th instant by the envoy + extraordinary and minister plenipotentiary of Her Britannic Majesty, for + the adjustment of the Oregon question, together with a protocol of this + proceeding. I submit this proposal to the consideration of the Senate, + and request their advice as to the action which in their judgment it may + be proper to take in reference to it. +</p> +<p> + In the early periods of the Government the opinion and advice of the + Senate were often taken in advance upon important questions of our + foreign policy. General Washington repeatedly consulted the Senate and + asked their previous advice upon pending negotiations with foreign + powers, and the Senate in every instance responded to his call by giving + their advice, to which he always conformed his action. This practice, + though rarely resorted to in later times, was, in my judgment, eminently + wise, and may on occasions of great importance be properly revived. The + Senate are a branch of the treaty-making power, and by consulting them + in advance of his own action upon important measures of foreign policy + which may ultimately come before them for their consideration the + President secures harmony of action between that body and himself. The + Senate are, moreover, a branch of the war-making power, and it may be + eminently proper for the Executive to take the opinion and advice of + that body in advance upon any great question which may involve in its + decision the issue of peace or war. On the present occasion the + magnitude of the subject would induce me under any circumstances to + desire the previous advice of the Senate, and that desire is increased + by the recent debates and proceedings in Congress, which render it, in + my judgment, not only respectful to the Senate, but necessary and + proper, if not indispensable to insure harmonious action between that + body and the Executive. In conferring on the Executive the authority to + give the notice for the abrogation of the convention of 1827 the Senate + acted publicly so large a part that a decision on the proposal now made + by the British Government, without a definite knowledge of the views of + that body in reference to it, might render the question still more + complicated and difficult of adjustment. For these reasons I invite the + consideration of the Senate to the proposal of the British Government + for the settlement of the Oregon question, and ask their advice on the + subject. +</p> +<p> + My opinions and my action on the Oregon question were fully made known + to Congress in my annual message of the 2d of December last, and the + opinions therein expressed remain unchanged. +</p> +<p> + Should the Senate, by the constitutional majority required for the + ratification of treaties, advise the acceptance of this proposition, or + advise it with such modifications as they may upon full deliberation + deem proper, I shall conform my action to their advice. Should the + Senate, however, decline by such constitutional majority to give such + advice or to express an opinion on the subject, I shall consider it my + duty to reject the offer. +</p> +<p> + I also communicate herewith an extract from a dispatch of the Secretary + of State to the minister of the United States at London under date of + the 28th of April last, directing him, in accordance with the joint + resolution of Congress "concerning the Oregon Territory," to deliver the + notice to the British Government for the abrogation of the convention of + the 6th of August, 1827, and also a copy of the notice transmitted to + him for that purpose, together with extracts from a dispatch of that + minister to the Secretary of State bearing date on the 18th day of May + last. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 11, 1846</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I transmit herewith a communication from the Secretary of War, which is + accompanied by documents relating to General Gaines's calls for + volunteers, received since the answer was made to the resolution of the + Senate of the 5th instant on that subject, and which I deem it proper to + submit for the further information of the Senate. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 12, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives:</i> +</p> +<p> + I transmit herewith for the information of Congress, official reports + received at the War Department from the officer commanding the Army on + the Mexican frontier, giving a detailed report of the operations of the + Army in that quarter, and particularly of the recent engagements<a href="#note-9"><small>9</small></a> + between the American and Mexican forces. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 15, 1846</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I transmit herewith a communication from the Secretary of War, + accompanied by a report of an expedition led by Lieutenant Abert on the + Upper Arkansas and through the country of the Camanche Indians in the + fall of the year 1845, as requested by the resolution of the Senate of + the 9th instant. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 16, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 3d instant, I + communicate herewith estimates prepared by the War and Navy Departments + of the probable expenses of conducting the existing war with Mexico + during the remainder of the present and the whole of the next fiscal + year. I communicate also a report of the Secretary of the Treasury, + based upon these estimates, containing recommendations of measures for + raising the additional means required. It is probable that the actual + expenses incurred during the period specified may fall considerably + below the estimates submitted, which are for a larger number of troops + than have yet been called to the field. As a precautionary measure, + however, against any possible deficiency, the estimates have been made + at the largest amount which any state of the service may require. +</p> +<p> + It will be perceived from the report of the Secretary of the Treasury + that a considerable portion of the additional amount required may be + raised by a modification of the rates of duty imposed by the existing + tariff laws. The high duties at present levied on many articles totally + exclude them from importation, whilst the quantity and amount of others + which are imported are greatly diminished. By reducing these duties to a + revenue standard, it is not doubted that a large amount of the articles + on which they are imposed would be imported, and a corresponding amount + of revenue be received at the Treasury from this source. By imposing + revenue duties on many articles now permitted to be imported free of + duty, and by regulating the rates within the revenue standard upon + others, a large additional revenue will be collected. Independently of + the high considerations which induced me in my annual message to + recommend a modification and reduction of the rates of duty imposed by + the act of 1842 as being not only proper in reference to a state of + peace, but just to all the great interests of the country, the necessity + of such modification and reduction as a war measure must now be + manifest. The country requires additional revenue for the prosecution of + the war. It may be obtained to a great extent by reducing the + prohibitory and highly protective duties imposed by the existing laws to + revenue rates, by imposing revenue duties on the free list, and by + modifying the rates of duty on other articles. +</p> +<p> + The modifications recommended by the Secretary of the Treasury in his + annual report in December last were adapted to a state of peace, and the + additional duties now suggested by him are with a view strictly to raise + revenue as a war measure. At the conclusion of the war these duties may + and should be abolished and reduced to lower rates. +</p> +<p> + It is not apprehended that the existing war with Mexico will materially + affect our trade and commerce with the rest of the world. On the + contrary, the reductions proposed would increase that trade and augment + the revenue derived from it. +</p> +<p> + When the country is in a state of war no contingency should be permitted + to occur in which there would be a deficiency in the Treasury for the + vigorous prosecution of the war, and to guard against such an event it + is recommended that contingent authority be given to issue Treasury + notes or to contract a loan for a limited amount, reimbursable at an + early day. Should no occasion arise to exercise the power, still it may + be important that the authority should exist should there be a necessity + for it. +</p> +<p> + It is not deemed necessary to resort to direct taxes or excises, the + measures recommended being deemed preferable as a means of increasing + the revenue. It is hoped that the war with Mexico, if vigorously + prosecuted, as is contemplated, may be of short duration. I shall be at + all times ready to conclude an honorable peace whenever the Mexican + Government shall manifest a like disposition. The existing war has been + rendered necessary by the acts of Mexico, and whenever that power shall + be ready to do us justice we shall be prepared to sheath the sword and + tender to her the olive branch of peace. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 16, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In accordance with the resolution of the Senate of the 12th instant, + that "the President of the United States be, and he is hereby, advised + to accept the proposal of the British Government accompanying his + message to the Senate dated 10th June, 1846, for a convention to settle + boundaries, etc., between the United States and Great Britain west of + the Rocky or Stony Mountains," a convention was concluded and signed on + the 15th instant by the Secretary of State, on the part of the United + States, and the envoy extraordinary and minister plenipotentiary of Her + Britannic Majesty, on the part of Great Britain. +</p> +<p> + This convention I now lay before the Senate, for their consideration + with a view to its ratification. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 17, 1846</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of the Navy, + accompanied with the correspondence called for by the resolution of the + House of Representatives of the 4th of May last, between Commander G.J. + Pendergrast and the Governments on the Rio de la Plata, and the foreign + naval commanders and the United States minister at Buenos Ayres and the + Navy Department, whilst or since said Pendergrast was in command of the + United States ship <i>Boston</i> in the Rio de la Plata, touching said + service. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 23, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, a + convention concluded by the minister of the United States at Berlin with + the Duchy of Nassau, dated on the 27th May, 1846, for the mutual + abolition of the <i>droit d'aubaine</i> and taxes on emigration between that + State of the Germanic Confederation and the United States of America, + and also a dispatch from the minister explanatory of the convention. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 24, 1846</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of War, + accompanied by a report from the Commissioner of Indian Affairs, in + reply to the resolution of the Senate of the 9th instant, requiring + information on the subject of the removal of the Chippewa Indians from + the mineral lands on Lake Superior. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 2, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, together with + copies of the correspondence in the year 1841 between the President of + the United States and the governor of New York relative to the + appearance of Joshua A. Spencer, esq., district attorney of the United + States for the western district of New York in the courts of the State + of New York as counsel for Alexander McLeod, called for by the + resolution of the House of Representatives of the 10th of April, 1846. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 7, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, a treaty of + commerce and navigation between the United States and the Kingdom of + Hanover, concluded and signed at Hanover on the 10th ultimo by the + respective plenipotentiaries. +</p> +<p> + And I communicate at the same time extracts of a dispatch from the agent + of the United States explanatory of the treaty. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 9, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration and advice of the Senate with + regard to its ratification, a treaty concluded on the 5th and 17th days + of June last by T.P. Andrews, Thomas A. Harvey, and Gideon C. Matlock, + commissioners on the part of the United States, and the various bands of + the Pottawatomies, Chippewa, and Ottawa Indians, together with a report + of the Commissioner of Indian Affairs and other papers explanatory of + the same. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 9, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of the Treasury, + transmitting a report from the Commissioner of Public Lands in reply to + the resolution of the Senate of the 22d of June, 1846, calling for + information of the "progress which has been made in the surveys of the + mineral region upon Lake Superior, and within what time such surveys may + probably be prepared for the sales of the lands in that country." In + answer to that portion of the resolution which calls for the "views" of + the Executive "respecting the proper mode of disposing of said lands, + keeping in view the interest of the United States and the equitable + claims of individuals who, under the authority of the War Department, + have made improvements thereon or acquired rights of possession," I + recommend that these lands be brought into market and sold at such price + and under such regulations as Congress may prescribe, and that the right + of preemption be secured to such persons as have, under the authority of + the War Department, made improvements or acquired rights of possession + thereon. Should Congress deem it proper to authorize the sale of these + lands, it will be necessary to attach them to suitable land districts, + and that they be placed under the management and control of the General + Land Office, as other public lands. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 11, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>. +</p> +<p> + I communicate herewith a report from the Secretary of War, together with + copies of the reports of the board of engineers heretofore employed in + an examination of the coast of Texas with a view to its defense and + improvement, called for by the resolution of the 29th June, 1846. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 15, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration of the Senate, a treaty + concluded on the 15th day of May last with the Comanche and other tribes + or bands of Indians of Texas and the Southwestern prairies. I also + inclose a communication from the Secretary of War and a report from the + Commissioner of Indian Affairs, with accompanying documents, which + contain full explanations of the considerations which led to the + negotiation of the treaty and the general objects sought to be + accomplished by it. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 21, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit, in compliance with the request of the Senate in + their resolution of the 17th of June, 1846, a report of the Secretary of + State, together with a copy of all "the dispatches and instructions" + "relative to the Oregon treaty" "forwarded to our minister, Mr. McLane," + "not heretofore communicated to the Senate," including a statement of + the propositions for the adjustment of the Oregon question previously + made and rejected by the respective Governments. This statement was + furnished to Mr. McLane before his departure from the country, and is + dated on the 12th July, 1845, the day on which the note was addressed by + the Secretary of State to Mr. Pakenham offering to settle the + controversy by the forty-ninth parallel of latitude, which was rejected + by that minister on the 29th July following. +</p> +<p> + The Senate will perceive that extracts from but two of Mr. McLane's + "dispatches and communications to this Government" are transmitted, and + these only because they were necessary to explain the answers given to + them by the Secretary of State. +</p> +<p> + These dispatches are both numerous and voluminous, and, from their + confidential character, their publication, it is believed, would be + highly prejudicial to the public interests. +</p> +<p> + Public considerations alone have induced me to withhold the dispatches + of Mr. McLane addressed to the Secretary of State. I concur with the + Secretary of State in the views presented in his report herewith + transmitted, against the publication of these dispatches. +</p> +<p> + Mr. McLane has performed his whole duty to his country, and I am not + only willing, but anxious, that every Senator who may desire it shall + have an opportunity of perusing these dispatches at the Department of + State. The Secretary of State has been instructed to afford every + facility for this purpose. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 21, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of State, in answer + to the resolution of the Senate of the 18th of June, 1846, calling for + certain information in relation to the Oregon Territory. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 4, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate the copy of a letter, under date of + the 27th ultimo, from the Secretary of State of the United States to the + minister of foreign relations of the Mexican Republic, again proposing + to open negotiations and conclude a treaty of peace which shall adjust + all the questions in dispute between the two Republics. Considering the + relative power of the two countries, the glorious events which have + already signalized our arms, and the distracted condition of Mexico, + I did not conceive that any point of national honor could exist which + ought to prevent me from making this overture. Equally anxious to + terminate by a peace honorable for both parties as I was originally to + avoid the existing war, I have deemed it my duty again to extend the + olive branch to Mexico. Should the Government of that Republic accept + the offer in the same friendly spirit by which it was dictated, + negotiations will speedily commence for the conclusion of a treaty. +</p> +<p> + The chief difficulty to be anticipated in the negotiation is the + adjustment of the boundary between the parties by a line which shall at + once be satisfactory to both, and such as neither will hereafter be + inclined to disturb. This is the best mode of securing perpetual peace + and good neighborhood between the two Republics. Should the Mexican + Government, in order to accomplish these objects, be willing to cede any + portion of their territory to the United States, we ought to pay them a + fair equivalent—a just and honorable peace, and not conquest, being our + purpose in the prosecution of the war. +</p> +<p> + Under these circumstances, and considering the exhausted and distracted + condition of the Mexican Republic, it might become necessary in order to + restore peace that I should have it in my power to advance a portion of + the consideration money for any cession of territory which may be made. + The Mexican Government might not be willing to wait for the payment of + the whole until the treaty could be ratified by the Senate and an + appropriation to carry it into effect be made by Congress, and the + necessity for such a delay might defeat the object altogether. I would + therefore suggest whether it might not be wise for Congress to + appropriate a sum such as they might consider adequate for this purpose, + to be paid, if necessary, immediately upon the ratification of the + treaty by Mexico. This disbursement would of course be accounted for at + the Treasury, not as secret-service money, but like other expenditures. +</p> +<p> + Two precedents for such a proceeding exist in our past history, during + the Administration of Mr. Jefferson, to which I would call your + attention. On the 26th February, 1803, Congress passed an act + appropriating $2,000,000 for the purpose of defraying any extraordinary + expenses which may be incurred in the intercourse "between the United + States and foreign nations," "to be applied under the direction of the + President of the United States, who shall cause an account of the + expenditure thereof to be laid before Congress as soon as may be;" and + on the 13th February, 1806, an appropriation was made of the same amount + and in the same terms. The object in the first case was to enable the + President to obtain the cession of Louisiana, and in the second that of + the Florida. In neither case was the money actually drawn from the + Treasury, and I should hope that the result might be similar in this + respect on the present occasion, though the appropriation is deemed + expedient as a precautionary measure. +</p> +<p> + I refer the whole subject to the Senate in executive session. If they + should concur in opinion with me, then I recommend the passage of a law + appropriating such a sum as Congress may deem adequate, to be used by + the Executive, if necessary, for the purpose which I have indicated. +</p> +<p> + In the two cases to which I have referred the special purpose of the + appropriation did not appear on the face of the law, as this might have + defeated the object; neither, for the same reason, in my opinion, ought + it now to be stated. +</p> +<p> + I also communicate to the Senate the copy of a letter from the Secretary + of State to Commodore Conner of the 29th ultimo, which was transmitted + to him on the day it bears date. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 5, 1846.</i> +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a copy of a convention for the settlement and + adjustment of the Oregon question, which was concluded in this city on + the 15th day of June last between the United States and Her Britannic + Majesty. This convention has since been duly ratified by the respective + parties, and the ratifications were exchanged at London on the 17th day + of July, 1846. +</p> +<p> + It now becomes important that provision should be made by law at the + earliest practicable period for the organization of a Territorial + government in Oregon. +</p> +<p> + It is also deemed proper that our laws regulating trade and intercourse + with the Indian tribes east of the Rocky Mountains should be extended to + such tribes within our territory as dwell beyond them, and that a + suitable number of Indian agents should be appointed for the purpose of + carrying these laws into execution. +</p> +<p> + It is likewise important that mail facilities, so indispensable for the + diffusion of information and for binding together the different portions + of our extended Confederacy, should be afforded to our citizens west of + the Rocky Mountains. +</p> +<p> + There is another subject to which I desire to call your special + attention. It is of great importance to our country generally, and + especially to our navigating and whaling interests, that the Pacific + Coast, and, indeed, the whole of our territory west of the Rocky + Mountains, should speedily be filled up by a hardy and patriotic + population. Emigrants to that territory have many difficulties to + encounter and privations to endure in their long and perilous journey, + and by the time they reach their place of destination their pecuniary + means are generally much reduced, if not altogether exhausted. Under + these circumstances it is deemed but an act of justice that these + emigrants, whilst most effectually advancing the interests and policy of + the Government, should be aided by liberal grants of land. I would + therefore recommend that such grants be made to actual settlers upon the + terms and under the restrictions and limitations which Congress may + think advisable. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 7, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of the Navy, with the + accompanying documents, in answer to the resolution of the Senate of + August 6, 1846, calling for the report of the board of naval officers, + recently in session in this city, including the orders under which it + was convened and the evidence which may have been laid before it. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 7, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration and constitutional action of + the Senate, articles of a treaty which has been concluded by the + commissioners appointed for the purpose with the different parties into + which the Cherokee tribe of Indians has been divided, through their + delegates now in Washington. The same commissioners had previously been + appointed to investigate the subject of the difficulties which have for + years existed among the Cherokees, and which have kept them in a state + of constant excitement and almost entirely interrupted all progress on + their part in civilization and improvement in agriculture and the + mechanic arts, and have led to many unfortunate acts of domestic strife, + against which the Government is bound by the treaty of 1835 to protect + them. Their unfortunate internal dissensions had attracted the notice + and excited the sympathies of the whole country, and it became evident + that if something was not done to heal them they would terminate in a + sanguinary war, in which other tribes of Indians might become involved + and the lives and property of our own citizens on the frontier + endangered. I recommended in my message to Congress on the 13th of April + last such measures as I then thought it expedient should be adopted to + restore peace and good order among the Cherokees, one of which was a + division of the country which they occupy and separation of the tribe. + This recommendation was made under the belief that the different + factions could not be reconciled and live together in harmony—a belief + based in a great degree upon the representations of the delegates of the + two divisions of the tribe. Since then, however, there appears to have + been a change of opinion on this subject on the part of these divisions + of the tribe, and on representations being made to me that by the + appointment of commissioners to hear and investigate the causes of + grievance of the parties against each other and to examine into their + claims against the Government it would probably be found that an + arrangement could be made which would once more harmonize the tribe and + adjust in a satisfactory manner their claims upon and relations with the + United States, I did not hesitate to appoint three persons for the + purpose. The commissioners entered into an able and laborious + investigation, and on their making known to me the probability of their + being able to conclude a new treaty with the delegates of all the + divisions of the tribe, who were fully empowered to make any new + arrangement which would heal all dissensions among the Cherokees and + restore them to their ancient condition of peace and good brotherhood, + I authorized and appointed them to enter into negotiations with these + delegates for the accomplishment of that object. The treaty now + transmitted is the result of their labors, and it is hoped that it will + meet the approbation of Congress, and, if carried out in good faith by + all parties to it, it is believed it will effect the great and desirable + ends had in view. +</p> +<p> + Accompanying the treaty is the report of the commissioners, and also a + communication to them from John Ross and others, who represent what is + termed the government party of the Cherokees, and which is transmitted + at their request for the consideration of the Senate. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 8, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I invite your attention to the propriety of making an appropriation to + provide for any expenditure which it may be necessary to make in advance + for the purpose of settling all our difficulties with the Mexican + Republic. It is my sincere desire to terminate, as it was originally to + avoid, the existing war with Mexico by a peace just and honorable to + both parties. It is probable that the chief obstacle to be surmounted in + accomplishing this desirable object will be the adjustment of a boundary + between the two Republics which shall prove satisfactory and convenient + to both, and such as neither will hereafter be inclined to disturb. In + the adjustment of this boundary we ought to pay a fair equivalent for + any concessions which may be made by Mexico. +</p> +<p> + Under these circumstances, and considering the other complicated + questions to be settled by negotiation with the Mexican Republic, I deem + it important that a sum of money should be placed under the control of + the Executive to be advanced, if need be, to the Government of that + Republic immediately after their ratification of a treaty. It might be + inconvenient for the Mexican Government to wait for the whole sum the + payment of which may be stipulated by this treaty until it could be + ratified by our Senate and an appropriation to carry it into effect made + by Congress. Indeed, the necessity for this delay might defeat the + object altogether. The disbursement of this money would of course be + accounted for, not as secret-service money, but like other expenditures. +</p> +<p> + Two precedents for such a proceeding exist in our past history, during + the Administration of Mr. Jefferson, to which I would call your + attention: On the 26th February, 1803, an act was passed appropriating + $2,000,000 "for the purpose of defraying any extraordinary expenses + which may be incurred in the intercourse between the United States and + foreign nations," "to be applied under the direction of the President of + the United States, who shall cause an account of the expenditure thereof + to be laid before Congress as soon as may be;" and on the 13th of + February, 1806, an appropriation was made of the same amount and in the + same terms. In neither case was the money actually drawn from the + Treasury, and I should hope that the result in this respect might be + similar on the present occasion, although the appropriation may prove + to be indispensable in accomplishing the object. I would therefore + recommend the passage of a law appropriating $2,000,000 to be placed at + the disposal of the Executive for the purpose which I have indicated. +</p> +<p> + In order to prevent all misapprehension, it is my duty to state that, + anxious as I am to terminate the existing war with the least possible + delay, it will continue to be prosecuted with the utmost vigor until + a treaty of peace shall be signed by the parties and ratified by the + Mexican Republic. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0007"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>August 3, 1846</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have considered the bill entitled "An act making appropriations for + the improvement of certain harbors and rivers" with the care which + its importance demands, and now return the same to the House of + Representatives, in which it originated, with my objections to its + becoming a law. The bill proposes to appropriate $1,378,450 to be + applied to more than forty distinct and separate objects of improvement. + On examining its provisions and the variety of objects of improvement + which it embraces, many of them of a local character, it is difficult to + conceive, if it shall be sanctioned and become a law, what practical + constitutional restraint can hereafter be imposed upon the most extended + system of internal improvements by the Federal Government in all parts + of the Union. The Constitution has not, in my judgment, conferred upon + the Federal Government the power to construct works of internal + improvement within the States, or to appropriate money from the Treasury + for that purpose. That this bill assumes for the Federal Government the + right to exercise this power can not, I think, be doubted. The approved + course of the Government and the deliberately expressed judgment of the + people have denied the existence of such a power under the Constitution. + Several of my predecessors have denied its existence in the most solemn + forms. +</p> +<p> + The general proposition that the Federal Government does not possess + this power is so well settled and has for a considerable period been so + generally acquiesced in that it is not deemed necessary to reiterate the + arguments by which it is sustained. Nor do I deem it necessary, after + the full and elaborate discussions which have taken place before the + country on this subject, to do more than to state the general + considerations which have satisfied me of the unconstitutionality and + inexpediency of the exercise of such a power. +</p> +<p> + It is not questioned that the Federal Government is one of limited + powers. Its powers are such, and such only, as are expressly granted in + the Constitution or are properly incident to the expressly granted + powers and necessary to their execution. In determining whether a given + power has been granted a sound rule of construction has been laid down + by Mr. Madison. That rule is that— +</p> +<p class="q"> + Whenever a question arises concerning a particular power, the first + question is whether the power be expressed in the Constitution. If it + be, the question is decided. If it be not expressed, the next inquiry + must be whether it is properly an incident to an expressed power and + necessary to its execution. If it be, it may be exercised by Congress. + If it be not, Congress can not exercise it. +</p> +<p> + It is not pretended that there is any express grant in the Constitution + conferring on Congress the power in question. Is it, then, an incidental + power necessary and proper for the execution of any of the granted + powers? All the granted powers, it is confidently affirmed, may be + effectually executed without the aid of such an incident. "A power, to + be incidental, must not be exercised for ends which make it a principal + or substantive power, independent of the principal power to which it is + an incident." It is not enough that it may be regarded by Congress as + <i>convenient</i> or that its exercise would advance the public weal. It must + be <i>necessary and proper</i> to the execution of the principal expressed + power to which it is an incident, and without which such principal power + can not be carried into effect. The whole frame of the Federal + Constitution proves that the Government which it creates was intended + to be one of limited and specified powers. A construction of the + Constitution so broad as that by which the power in question is defended + tends imperceptibly to a consolidation of power in a Government intended + by its framers to be thus limited in its authority. "The obvious + tendency and inevitable result of a consolidation of the States into one + sovereignty would be to transform the republican system of the United + States into a monarchy." To guard against the assumption of all powers + which encroach upon the reserved sovereignty of the States, and which + consequently tend to consolidation, is the duty of all the true friends + of our political system. That the power in question is not properly an + incident to any of the granted powers I am fully satisfied; but if there + were doubts on this subject, experience has demonstrated the wisdom of + the rule that all the functionaries of the Federal Government should + abstain from the exercise of all questionable or doubtful powers. If an + enlargement of the powers of the Federal Government should be deemed + proper, it is safer and wiser to appeal to the States and the people + in the mode prescribed by the Constitution for the grant desired than + to assume its exercise without an amendment of the Constitution. + If Congress does not possess the general power to construct works of + internal improvement within the States, or to appropriate money from the + Treasury for that purpose, what is there to exempt some, at least, of + the objects of appropriation included in this bill from the operation of + the general rule? This bill assumes the existence of the power, and in + some of its provisions asserts the principle that Congress may exercise + it as fully as though the appropriations which it proposes were + applicable to the construction of roads and canals. If there be a + distinction in principle, it is not perceived, and should be clearly + defined. Some of the objects of appropriation contained in this bill are + local in their character, and lie within the limits of a single State; + and though in the language of the bill they are called <i>harbors</i>, they + are not connected with foreign commerce, nor are they places of refuge + or shelter for our Navy or commercial marine on the ocean or lake + shores. To call the mouth of a creek or a shallow inlet on our coast + a harbor can not confer the authority to expend the public money in + its improvement. Congress have exercised the power coeval with the + Constitution of establishing light-houses, beacons, buoys, and piers on + our ocean and lake shores for the purpose of rendering navigation safe + and easy and of affording protection and shelter for our Navy and + other shipping. These are safeguards placed in existing channels of + navigation. After the long acquiescence of the Government through all + preceding Administrations, I am not disposed to question or disturb the + authority to make appropriations for such purposes. +</p> +<p> + When we advance a step beyond this point, and, in addition to the + establishment and support, by appropriations from the Treasury, of + lighthouses, beacons, buoys, piers, and other improvements within the + bays, inlets, and harbors on our ocean and lake coasts immediately + connected with our foreign commerce, attempt to make improvements in the + interior at points unconnected with foreign commerce, and where they are + not needed for the protection and security of our Navy and commercial + marine, the difficulty arises in drawing a line beyond which + appropriations may not be made by the Federal Government. +</p> +<p> + One of my predecessors, who saw the evil consequences of the system + proposed to be revived by this bill, attempted to define this line by + declaring that "expenditures of this character" should be "confined + <i>below</i> the ports of entry or delivery established by law." Acting on + this restriction, he withheld his sanction from a bill which had passed + Congress "to improve the navigation of the Wabash River." He was at the + same time "sensible that this restriction was not as satisfactory as + could be desired, and that much embarrassment may be caused to the + executive department in its execution, by appropriations for remote and + not well-understood objects." This restriction, it was soon found, was + subject to be evaded and rendered comparatively useless in checking the + system of improvements which it was designed to arrest, in consequence + of the facility with which ports of entry and delivery may be + established by law upon the upper waters, and in some instances almost + at the head springs of some of the most unimportant of our rivers, and + at points on our coast possessing no commercial importance and not used + as places of refuge and safety by our Navy and other shipping. Many of + the ports of entry and delivery now authorized by law, so far as foreign + commerce is concerned, exist only in the statute books. No entry of + foreign goods is ever made and no duties are ever collected at them. No + exports of American products bound for foreign countries ever clear from + them. To assume that their existence in the statute book as ports of + entry or delivery warrants expenditures on the waters leading to them, + which would be otherwise unauthorized, would be to assert the + proposition that the lawmaking power may ingraft new provisions on the + Constitution. If the restriction is a sound one, it can only apply to + the bays, inlets, and rivers connected with or leading to such, ports as + actually have foreign commerce—ports at which foreign importations + arrive in bulk, paying the duties charged by law, and from which exports + are made to foreign countries. It will be found by applying the + restriction thus understood to the bill under consideration that it + contains appropriations for more than twenty objects of internal + improvement, called in the bill <i>harbors</i>, at places which have never + been declared by law either ports of entry or delivery, and at which, + as appears from the records of the Treasury, there has never been an + arrival of foreign merchandise, and from which there has never been a + vessel cleared for a foreign country. It will be found that many of + these works are new, and at places for the improvement of which + appropriations are now for the first time proposed. It will be found + also that the bill contains appropriations for rivers upon which there + not only exists no foreign commerce, but upon which there has not been + established even a paper port of entry, and for the mouths of creeks, + denominated harbors, which if improved can benefit only the particular + neighborhood in which they are situated. It will be found, too, to + contain appropriations the expenditure of which will only have the + effect of improving one place at the expense of the local natural + advantages of another in its vicinity. Should this bill become a law, + the same <i>principle</i> which authorizes the appropriations which it + proposes to make would also authorize similar appropriations for the + improvement of all the other bays, inlets, and creeks, which may with + equal propriety be called harbors, and of all the rivers, important or + unimportant, in every part of the Union. To sanction the bill with such + provisions would be to concede the <i>principle</i> that the Federal + Government possesses the power to expend the public money in a general + system of internal improvements, limited in its extent only by the + ever-varying discretion of successive Congresses and successive + Executives. It would be to efface and remove the limitations and + restrictions of power which the Constitution has wisely provided to + limit the authority and action of the Federal Government to a few + well-defined and specified objects. Besides these objections, the + practical evils which must flow from the exercise on the part of the + Federal Government of the powers asserted in this bill impress my mind + with a grave sense of my duty to avert them from the country as far as + my constitutional action may enable me to do so. +</p> +<p> + It not only leads to a consolidation of power in the Federal Government + at the expense of the rightful authority of the States, but its + inevitable tendency is to embrace objects for the expenditure of the + public money which are local in their character, benefiting but few at + the expense of the common Treasury of the whole. It will engender + sectional feelings and prejudices calculated to disturb the harmony of + the Union. It will destroy the harmony which should prevail in our + legislative councils. +</p> +<p> + It will produce combinations of local and sectional interests, strong + enough when united to carry propositions for appropriations of public + money which could not of themselves, and standing alone, succeed, and + can not fail to lead to wasteful and extravagant expenditures. +</p> +<p> + It must produce a disreputable scramble for the public money, by the + conflict which is inseparable from such a system between local and + individual interests and the general interest of the whole. It is unjust + to those States which have with their own means constructed their own + internal improvements to make from the common Treasury appropriations + for similar improvements in other States. +</p> +<p> + In its operation it will be oppressive and unjust toward those States + whose representatives and people either deny or doubt the existence of + the power or think its exercise inexpedient, and who, while they equally + contribute to the Treasury, can not consistently with their opinions + engage in a general competition for a share of the public money. Thus + a large portion of the Union, in numbers and in geographical extent, + contributing its equal proportion of taxes to the support of the + Government, would under the operation of such a system be compelled to + see the national treasure—the common stock of all—unequally disbursed, + and often improvidently wasted for the advantage of small sections, + instead of being applied to the great national purposes in which all + have a common interest, and for which alone the power to collect the + revenue was given. Should the system of internal improvements proposed + prevail, all these evils will multiply and increase with the increase of + the number of the States and the extension of the geographical limits of + the settled portions of our country. With the increase of our numbers + and the extension of our settlements the local objects demanding + appropriations of the public money for their improvement will be + proportionately increased. In each case the expenditure of the public + money would confer benefits, direct or indirect, only on a section, + while these sections would become daily less in comparison with the + whole. +</p> +<p> + The wisdom of the framers of the Constitution in withholding power over + such objects from the Federal Government and leaving them to the local + governments of the States becomes more and more manifest with every + year's experience of the operations of our system. +</p> +<p> + In a country of limited extent, with but few such objects of expenditure + (if the form of government permitted it), a common treasury might be + used for their improvement with much less inequality and injustice than + in one of the vast extent which ours now presents in population and + territory. The treasure of the world would hardly be equal to the + improvement of every bay, inlet, creek, and river in our country which + might be supposed to promote the agricultural, manufacturing, or + commercial interests of a neighborhood. +</p> +<p> + The Federal Constitution was wisely adapted in its provisions to any + expansion of our limits and population, and with the advance of the + confederacy of the States in the career of national greatness it becomes + the more apparent that the harmony of the Union and the equal justice to + which all its parts are entitled require that the Federal Government + should confine its action within the limits prescribed by the + Constitution to its power and authority. Some of the provisions of this + bill are not subject to the objections stated, and did they stand alone + I should not feel it to be my duty to withhold my approval. +</p> +<p> + If no constitutional objections existed to the bill, there are others of + a serious nature which deserve some consideration. It appropriates + between $1,000,000 and $2,000,000 for objects which are of no pressing + necessity, and this is proposed at a time when the country is engaged in + a foreign war, and when Congress at its present session has authorized a + loan or the issue of Treasury notes to defray the expenses of the war, + to be resorted to if the "exigencies of the Government shall require + it." It would seem to be the dictate of wisdom under such circumstances + to husband our means, and not to waste them on comparatively unimportant + objects, so that we may reduce the loan or issue of Treasury notes which + may become necessary to the smallest practicable sum. It would seem to + be wise, too, to abstain from such expenditures with a view to avoid the + accumulation of a large public debt, the existence of which would be + opposed to the interests of our people as well as to the genius of our + free institutions. +</p> +<p> + Should this bill become a law, the principle which it establishes will + inevitably lead to large and annually increasing appropriations and + drains upon the Treasury, for it is not to be doubted that numerous + other localities not embraced in its provisions, but quite as much + entitled to the favor of the Government as those which are embraced, + will demand, through their representatives in Congress, to be placed on + an equal footing with them. With such an increase of expenditure must + necessarily follow either an increased public debt or increased burdens + upon the people by taxation to supply the Treasury with the means of + meeting the accumulated demands upon it. +</p> +<p> + With profound respect for the opinions of Congress, and ever anxious, as + far as I can consistently with my responsibility to our common + constituents, to cooperate with them in the discharge of our respective + duties, it is with unfeigned regret that I find myself constrained, for + the reasons which I have assigned, to withhold my approval from this + bill. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 8, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I return to the Senate, in which it originated, the bill entitled "An + act to provide for the ascertainment and satisfaction of claims of + American citizens for spoliations committed by the French prior to the + 31st day of July, 1801," which was presented to me on the 6th instant, + with my objections to its becoming a law. +</p> +<p> + In attempting to give to the bill the careful examination it requires, + difficulties presented themselves in the outset from the remoteness of + the period to which the claims belong, the complicated nature of the + transactions in which they originated, and the protracted negotiations + to which they led between France and the United States. +</p> +<p> + The short time intervening between the passage of the bill by Congress + and the approaching close of their session, as well as the pressure of + other official duties, have not permitted me to extend my examination of + the subject into its minute details; but in the consideration which I + have been able to give to it I find objections of a grave character to + its provisions. +</p> +<p> + For the satisfaction of the claims provided for by the bill it is + proposed to appropriate $5,000,000. I can perceive no legal or equitable + ground upon which this large appropriation can rest. A portion of the + claims have been more than half a century before the Government in its + executive or legislative departments, and all of them had their origin + in events which occurred prior to the year 1800. Since 1802 they have + been from time to time before Congress. No greater necessity or + propriety exists for providing for these claims at this time than has + existed for near half a century, during all which period this + questionable measure has never until now received the favorable + consideration of Congress. It is scarcely probable, if the claim had + been regarded as obligatory upon the Government or constituting an + equitable demand upon the Treasury, that those who were contemporaneous + with the events which gave rise to it should not long since have done + justice to the claimants. The Treasury has often been in a condition to + enable the Government to do so without inconvenience if these claims had + been considered just. Mr. Jefferson, who was fully cognizant of the + early dissensions between the Governments of the United States and + France, out of which the claims arose, in his annual message in 1808 + adverted to the large surplus then in the Treasury and its "probable + accumulation," and inquired whether it should "lie unproductive in the + public vaults;" and yet these claims, though then before Congress, were + not recognized or paid. Since that time the public debt of the + Revolution and of the War of 1812 has been extinguished, and at several + periods since the Treasury has been in possession of large surpluses + over the demands upon it. In 1836 the surplus amounted to many millions + of dollars, and, for want of proper objects to which to apply it, it was + directed by Congress to be deposited with the States. +</p> +<p> + During this extended course of time, embracing periods eminently + favorable for satisfying all just demands upon the Government, the + claims embraced in this bill met with no favor in Congress beyond + reports of committees in one or the other branch. These circumstances + alone are calculated to raise strong doubts in respect to these claims, + more especially as all the information necessary to a correct judgment + concerning them has been long before the public. These doubts are + strengthened in my mind by the examination I have been enabled to give + to the transactions in which they originated. +</p> +<p> + The bill assumes that the United States have become liable in these + ancient transactions to make reparation to the claimants for injuries + committed by France. Nothing was obtained for the claimants by + negotiation; and the bill assumes that the Government has become + responsible to them for the aggressions of France. I have not been able + to satisfy myself of the correctness of this assumption, or that the + Government has become in any way responsible for these claims. The + limited time allotted me before your adjournment precludes the + possibility of reiterating the facts and arguments by which in preceding + Congresses these claims have been successfully resisted. +</p> +<p> + The present is a period peculiarly unfavorable for the satisfaction of + claims of so large an amount and, to say the least of them, of so + doubtful a character. There is no surplus in the Treasury. A public debt + of several millions of dollars has been created within the last few + years. +</p> +<p> + We are engaged in a foreign war, uncertain in its duration and involving + heavy expenditures, to prosecute which Congress has at its present + session authorized a further loan; so that in effect the Government, + should this bill become a law, borrows money and increases the public + debt to pay these claims. +</p> +<p> + It is true that by the provisions of the bill payment is directed to be + made in land scrip instead of money, but the effect upon the Treasury + will be the same. The public lands constitute one of the sources of + public revenue, and if these claims be paid in land scrip it will from + the date of its issue to a great extent cut off from the Treasury the + annual income from the sales of the public lands, because payments for + lands sold by the Government may be expected to be made in scrip until + it is all redeemed. If these claims be just, they ought to be paid in + money, and not in anything less valuable. The bill provides that they + shall be paid in land scrip, whereby they are made in effect to be a + mortgage upon the public lands in the new States; a mortgage, too, held + in great part, if not wholly, by nonresidents of the States in which the + lands lie, who may secure these lands to the amount of several millions + of acres, and then demand for them exorbitant prices from the citizens + of the States who may desire to purchase them for settlement, or they + may keep them out of the market, and thus retard the prosperity and + growth of the States in which they are situated. Why this unusual mode + of satisfying demands on the Treasury has been resorted to does not + appear. It is not consistent with a sound public policy. If it be done + in this case, it may be done in all others. It would form a precedent + for the satisfaction of all other stale and questionable claims in the + same manner, and would undoubtedly be resorted to by all claimants who + after successive trials shall fail to have their claims recognized and + paid in money by Congress. +</p> +<p> + This bill proposes to appropriate $5,000,000, to be paid in land scrip, + and provides that "no claim or memorial shall be received by the + commissioners" authorized by the act "unless accompanied by a release or + discharge of the United States from all other and further compensation" + than the claimant "may be entitled to receive under the provisions of + this act." These claims are estimated to amount to a much larger sum + than $5,000,000, and yet the claimant is required to release to the + Government all other compensation, and to accept his share of a fund + which is known to be inadequate. If the claims be well founded, it would + be unjust to the claimants to repudiate any portion of them, and the + payment of the remaining sum could not be hereafter resisted. This bill + proposes to pay these claims not in the currency known to the + Constitution, and not to their full amount. +</p> +<p> + Passed, as this bill has been, near the close of the session, and when + many measures of importance necessarily claim the attention of Congress, + and possibly without that full and deliberate consideration which the + large sum it appropriates and the existing condition of the Treasury and + of the country demand, I deem it to be my duty to withhold my approval, + that it may hereafter undergo the revision of Congress. I have come to + this conclusion with regret. In interposing my objections to its + becoming a law I am fully sensible that it should be an extreme case + which would make it the duty of the Executive to withhold his approval + of any bill passed by Congress upon the ground of its inexpediency + alone. Such a case I consider this to be. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0008"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<center> + [From Statutes at Large (Little & Brown), Vol. IX, p. 999.] +</center> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of the Congress of the United States of the 3d of + March, 1845, entitled "An act allowing drawback upon foreign merchandise + exported in the original packages to Chihuahua and Santa Fe, in Mexico, + and to the British North American Provinces adjoining the United States," + certain privileges are extended in reference to drawback to ports + therein specially enumerated in the seventh section of said act, which + also 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;" and +</p> +<p> + Whereas the Secretary of the Treasury has duly recommended to me the + extension of the privileges of the law aforesaid to the port of + Lewiston, in the collection district of Niagara, in the State of New + York: +</p> +<p> + Now, therefore, I, James K. Polk, President of the United States of + America, do hereby declare and proclaim that the port of Lewiston, in + the collection district of Niagara, in the State of New York, is and + shall be entitled to all the privileges extended to the other ports + enumerated in the seventh section of the act 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> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 17th day of January, A.D. 1846, and + of the Independence of the United States of America the seventieth. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<p><br> +By the President:<br> + JAMES BUCHANAN,<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 Congress of the United States, by virtue of the + constitutional authority vested in them, have declared by their act + bearing date this day that "by the act of the Republic of Mexico a state + of war exists between that Government and the United States:" +</p> +<p> + Now, therefore, I, James K. Polk, President of the United States of + America, do hereby proclaim the same to all whom it may concern; and I + do specially enjoin on all persons holding offices, civil or military, + under the authority of the United States that they be vigilant and + zealous in discharging the duties respectively incident thereto; and I + do, moreover, exhort all the good people of the United States, as they + love their country, as they feel the wrongs which have forced on them + the last resort of injured nations, and as they consult the best means, + under the blessing of Divine Providence, of abridging its calamities, + that they exert themselves in preserving order, in promoting concord, + in maintaining the authority and the efficacy of the laws, and in + supporting and invigorating all the measures which may be adopted by the + constituted authorities for obtaining a speedy, a just, and an honorable + peace. +</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 13th day of May, A.D. 1846, of the + Independence of the United States the seventieth. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<p><br> +By the President:<br> + JAMES BUCHANAN,<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 by the act of Congress approved July 9, 1846, entitled "An act + to retrocede the county of Alexandria, in the District of Columbia, to + the State of Virginia," it is enacted that, with the assent of the + people of the county and town of Alexandria, to be ascertained in the + manner therein prescribed, all that portion of the District of Columbia + ceded to the United States by the State of Virginia and all the rights + and jurisdiction therewith ceded over the same shall be ceded and + forever relinquished to the State of Virginia in full and absolute right + and jurisdiction, as well of soil as of persons residing or to reside + thereon; and +</p> +<p> + Whereas it is further provided that the said act "shall not be in force + until after the assent of the people of the county and town of + Alexandria shall be given to it in the mode therein provided," and, if a + majority of the votes should be in favor of accepting the provisions of + the said act, it shall be the duty of the President to make proclamation + of the fact; and +</p> +<p> + Whereas on the 17th day of August, 1846, after the close of the late + session of the Congress of the United States, I duly appointed five + citizens of the county or town of Alexandria, being freeholders within + the same, as commissioners, who, being duly sworn to perform the duties + imposed on them as prescribed in the said act, did proceed within ten + days after they were notified to fix upon the 1st and 2d days of + September, 1846, as the time, the court-house of the county of + Alexandria as the place, and <i>viva voce</i> as the manner of voting, and + gave due notice of the same; and at the time and at the place, in + conformity with the said notice, the said commissioners presiding and + deciding all questions arising in relation to the right of voting under + the said act, the votes of the citizens qualified to vote were taken + <i>viva voce</i> and recorded in poll books duly kept, and on the 3d day of + September instant, after the said polls were closed, the said + commissioners did make out and on the next day did transmit to me a + statement of the polls so held, upon oath and under their seals; and of + the votes so cast and polled there were in favor of accepting the + provisions of the said act 763 votes, and against accepting the same + 222, showing a majority of 541 votes for the acceptance of the same: +</p> +<p> + Now, therefore, be it known that I, James K. Polk, President of the + United States of America, in fulfillment of the duty imposed upon me by + the said act of Congress, do hereby make proclamation of the "result" of + said "poll" as above stated, and do call upon all and singular the + persons whom it doth or may concern to take notice that the act + aforesaid "is in full force and effect." +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 7th day of September, A.D. 1846, + and of the Independence of the United States the seventy-first. +</p> +<p class="r"> + JAMES K. POLK. +</p> + + +<p><br> +By the President:<br> + N.P. TRIST,<br> + <i>Acting Secretary of State</i>. +</p> + +<p> </p><p> </p> +<a name="2H_4_0009"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SECOND ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 8, 1846</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and of the House of Representatives:</i> +</p> +<p> + In resuming your labors in the service of the people it is a subject of + congratulation that there has been no period in our past history when + all the elements of national prosperity have been so fully developed. + Since your last session no afflicting dispensation has visited our + country. General good health has prevailed, abundance has crowned the + toil of the husbandman, and labor in all its branches is receiving + an ample reward, while education, science, and the arts are rapidly + enlarging the means of social happiness. The progress of our country + in her career of greatness, not only in the vast extension of our + territorial limits and the rapid increase of our population, but in + resources and wealth and in the happy condition of our people, is + without an example in the history of nations. +</p> +<p> + As the wisdom, strength, and beneficence of our free institutions are + unfolded, every day adds fresh motives to contentment and fresh + incentives to patriotism. +</p> +<p> + Our devout and sincere acknowledgments are due to the gracious Giver of + All Good for the numberless blessings which our beloved country enjoys. +</p> +<p> + It is a source of high satisfaction to know that the relations of the + United States with all other nations, with a single exception, are of + the most amicable character. Sincerely attached to the policy of peace + early adopted and steadily pursued by this Government, I have anxiously + desired to cultivate and cherish friendship and commerce with every + foreign power. The spirit and habits of the American people are + favorable to the maintenance of such international harmony. In adhering + to this wise policy, a preliminary and paramount duty obviously consists + in the protection of our national interests from encroachment or + sacrifice and our national honor from reproach. These must be maintained + at any hazard. They admit of no compromise or neglect, and must be + scrupulously and constantly guarded. In their vigilant vindication + collision and conflict with foreign powers may sometimes become + unavoidable. Such has been our scrupulous adherence to the dictates of + justice in all our foreign intercourse that, though steadily and rapidly + advancing in prosperity and power, we have given no just cause of + complaint to any nation and have enjoyed the blessings of peace for more + than thirty years. From a policy so sacred to humanity and so salutary + in its effects upon our political system we should never be induced + voluntarily to depart. +</p> +<p> + The existing war with Mexico was neither desired nor provoked by the + United States. On the contrary, all honorable means were resorted to to + avert it. After years of endurance of aggravated and unredressed wrongs + on our part, Mexico, in violation of solemn treaty stipulations and of + every principle of justice recognized by civilized nations, commenced + hostilities, and thus by her own act forced the war upon us. Long before + the advance of our Army to the left bank of the Rio Grande we had ample + cause of war against Mexico, and had the United States resorted to this + extremity we might have appealed to the whole civilized world for the + justice of our cause. I deem it to be my duty to present to you on the + present occasion a condensed review of the injuries we had sustained, + of the causes which led to the war, and of its progress since its + commencement. This is rendered the more necessary because of the + misapprehensions which have to some extent prevailed as to its origin + and true character. The war has been represented as unjust and + unnecessary and as one of aggression on our part upon a weak and injured + enemy. Such erroneous views, though entertained by but few, have been + widely and extensively circulated, not only at home, but have been + spread throughout Mexico and the whole world. A more effectual means + could not have been devised to encourage the enemy and protract the war + than to advocate and adhere to their cause, and thus give them "aid and + comfort." It is a source of national pride and exultation that the great + body of our people have thrown no such obstacles in the way of the + Government in prosecuting the war successfully, but have shown + themselves to be eminently patriotic and ready to vindicate their + country's honor and interests at any sacrifice. The alacrity and + promptness with which our volunteer forces rushed to the field on their + country's call prove not only their patriotism, but their deep + conviction that our cause is just. +</p> +<p> + The wrongs which we have suffered from Mexico almost ever since she + became an independent power and the patient endurance with which we have + borne them are without a parallel in the history of modern civilized + nations. There is reason to believe that if these wrongs had been + resented and resisted in the first instance the present war might have + been avoided. One outrage, however, permitted to pass with impunity + almost necessarily encouraged the perpetration of another, until at last + Mexico seemed to attribute to weakness and indecision on our part a + forbearance which was the offspring of magnanimity and of a sincere + desire to preserve friendly relations with a sister republic. +</p> +<p> + Scarcely had Mexico achieved her independence, which the United States + were the first among the nations to acknowledge, when she commenced the + system of insult and spoliation which she has ever since pursued. Our + citizens engaged in lawful commerce were imprisoned, their vessels + seized, and our flag insulted in her ports. If money was wanted, the + lawless seizure and confiscation of our merchant vessels and their + cargoes was a ready resource, and if to accomplish their purposes it + became necessary to imprison the owners, captains, and crews, it was + done. Rulers superseded rulers in Mexico in rapid succession, but still + there was no change in this system of depredation. The Government of the + United States made repeated reclamations on behalf of its citizens, but + these were answered by the perpetration of new outrages. Promises of + redress made by Mexico in the most solemn forms were postponed or + evaded. The files and records of the Department of State contain + conclusive proofs of numerous lawless acts perpetrated upon the property + and persons of our citizens by Mexico, and of wanton insults to our + national flag. The interposition of our Government to obtain redress was + again and again invoked under circumstances which no nation ought to + disregard. It was hoped that these outrages would cease and that Mexico + would be restrained by the laws which regulate the conduct of civilized + nations in their intercourse with each other after the treaty of amity, + commerce, and navigation of the 5th of April, 1831, was concluded + between the two Republics; but this hope soon proved to be vain. The + course of seizure and confiscation of the property of our citizens, the + violation of their persons, and the insults to our flag pursued by + Mexico previous to that time were scarcely suspended for even a brief + period, although the treaty so clearly defines the rights and duties of + the respective parties that it is impossible to misunderstand or mistake + them. In less than seven years after the conclusion of that treaty our + grievances had become so intolerable that in the opinion of President + Jackson they should no longer be endured. In his message to Congress in + February, 1837, he presented them to the consideration of that body, and + declared that— +</p> +<p class="q"> + The length of time since some of the injuries have been committed, the + repeated and unavailing applications for redress, the wanton character + of some of the outrages upon the property and persons of our citizens, + upon the officers and flag of the United States, independent of recent + insults to this Government and people by the late extraordinary Mexican + minister, would justify in the eyes of all nations immediate war. +</p> +<p> + In a spirit of kindness and forbearance, however, he recommended + reprisals as a milder mode of redress. He declared that war should not + be used as a remedy "by just and generous nations, confiding in their + strength for injuries committed, if it can be honorably avoided," and + added: +</p> +<p class="q"> + It has occurred to me that, considering the present embarrassed + condition of that country, we should act with both wisdom and moderation + by giving to Mexico one more opportunity to atone for the past before + we take redress into our own hands. To avoid all misconception on the + part of Mexico, as well as to protect our own national character from + reproach, this opportunity should be given with the avowed design and + full preparation to take immediate satisfaction if it should not be + obtained on a repetition of the demand for it. To this end I recommend + that an act be passed authorizing reprisals, and the use of the naval + force of the United States by the Executive against Mexico to enforce + them, in the event of a refusal by the Mexican Government to come to + an amicable adjustment of the matters in controversy between us upon + another demand thereof made from on board one of our vessels of war on + the coast of Mexico. +</p> +<p> + Committees of both Houses of Congress, to which this message of the + President was referred, fully sustained his views of the character of + the wrongs which we had suffered from Mexico, and recommended that + another demand for redress should be made before authorizing war or + reprisals. The Committee on Foreign Relations of the Senate, in their + report, say: +</p> +<p class="q"> + After such a demand, should prompt justice be refused by the Mexican + Government, we may appeal to all nations, not only for the equity and + moderation with which we shall have acted toward a sister republic, but + for the necessity which will then compel us to seek redress for our + wrongs, either by actual war or by reprisals. The subject will then be + presented before Congress, at the commencement of the next session, in a + clear and distinct form, and the committee can not doubt but that such + measures will be immediately adopted as may be necessary to vindicate + the honor of the country and insure ample reparation to our injured + fellow-citizens. +</p> +<p> + The Committee on Foreign Affairs of the House of Representatives made a + similar recommendation. In their report they say that— +</p> +<p class="q"> + They fully concur with the President that ample cause exists for taking + redress into our own hands, and believe that we should be justified in + the opinion of other nations for taking such a step. But they are + willing to try the experiment of another demand, made in the most solemn + form, upon the justice of the Mexican Government before any further + proceedings are adopted. +</p> +<p> + No difference of opinion upon the subject is believed to have existed in + Congress at that time; the executive and legislative departments + concurred; and yet such has been our forbearance and desire to preserve + peace with Mexico that the wrongs of which we then complained, and which + gave rise to these solemn proceedings, not only remain unredressed to + this day, but additional causes of complaint of an aggravated character + have ever since been accumulating. Shortly after these proceedings a + special messenger was dispatched to Mexico to make a final demand for + redress, and on the 20th of July, 1837, the demand was made. The reply + of the Mexican Government bears date on the 29th of the same month, and + contains assurances of the "anxious wish" of the Mexican Government "not + to delay the moment of that final and equitable adjustment which is to + terminate the existing difficulties between the two Governments;" that + "nothing should be left undone which may contribute to the most speedy + and equitable determination of the subjects which have so seriously + engaged the attention of the American Government;" that the "Mexican + Government would adopt as the only guides for its conduct the plainest + principles of public right, the sacred obligations imposed by + international law, and the religious faith of treaties," and that + "whatever reason and justice may dictate respecting each case will be + done." The assurance was further given that the decision of the Mexican + Government upon each cause of complaint for which redress had been + demanded should be communicated to the Government of the United States + by the Mexican minister at Washington. +</p> +<p> + These solemn assurances in answer to our demand for redress were + disregarded. By making them, however, Mexico obtained further delay. + President Van Buren, in his annual message to Congress of the 5th of + December, 1837, states that "although the larger number" of our demands + for redress, "and many of them aggravated cases of personal wrongs, have + been now for years before the Mexican Government, and some of the causes + of national complaint, and those of the most offensive character, + admitted of immediate, simple, and satisfactory replies, it is only + within a few days past that any specific communication in answer to our + last demand, made five months ago, has been received from the Mexican + minister;" and that "for not one of our public complaints has + satisfaction been given or offered, that but one of the cases of + personal wrong has been favorably considered, and that but four cases of + both descriptions out of all those formally presented and earnestly + pressed have as yet been decided upon by the Mexican Government." + President Van Buren, believing that it would be vain to make any further + attempt to obtain redress by the ordinary means within the power of the + Executive, communicated this opinion to Congress in the message referred + to, in which he said: +</p> +<p class="q"> + On a careful and deliberate examination of their contents [of the + correspondence with the Mexican Government], and considering the spirit + manifested by the Mexican Government, it has become my painful duty to + return the subject as it now stands to Congress, to whom it belongs to + decide upon the time, the mode, and the measure of redress. +</p> +<p> + Had the United States at that time adopted compulsory measures and taken + redress into their own hands, all our difficulties with Mexico would + probably have been long since adjusted and the existing war have been + averted. Magnanimity and moderation on our part only had the effect to + complicate these difficulties and render an amicable settlement of them + the more embarrassing. That such measures of redress under similar + provocations committed by any of the powerful nations of Europe would + have been promptly resorted to by the United States can not be doubted. + The national honor and the preservation of the national character + throughout the world, as well as our own self-respect and the protection + due to our own citizens, would have rendered such a resort + indispensable. The history of no civilized nation in modern times has + presented within so brief a period so many wanton attacks upon the honor + of its flag and upon the property and persons of its citizens as had at + that time been borne by the United States from the Mexican authorities + and people. But Mexico was a sister republic on the North American + continent, occupying a territory contiguous to our own, and was in a + feeble and distracted condition, and these considerations, it is + presumed, induced Congress to forbear still longer. +</p> +<p> + Instead of taking redress into our own hands, a new negotiation was + entered upon with fair promises on the part of Mexico, but with the + real purpose, as the event has proved, of indefinitely postponing + the reparation which we demanded, and which was so justly due. This + negotiation, after more than a year's delay, resulted in the convention + of the 11th of April, 1839, "for the adjustment of claims of citizens + of the United States of America upon the Government of the Mexican + Republic." The joint board of commissioners created by this convention + to examine and decide upon these claims was not organized until the + month of August, 1840, and under the terms of the convention they were + to terminate their duties within eighteen months from that time. Four + of the eighteen months were consumed in preliminary discussions on + frivolous and dilatory points raised by the Mexican commissioners, and + it was not until the month of December, 1840, that they commenced the + examination of the claims of our citizens upon Mexico. Fourteen months + only remained to examine and decide upon these numerous and complicated + cases. In the month of February, 1842, the term of the commission + expired, leaving many claims undisposed of for want of time. The claims + which were allowed by the board and by the umpire authorized by the + convention to decide in case of disagreement between the Mexican and + American commissioners amounted to $2,026,139.68. There were pending + before the umpire when the commission expired additional claims, which + had been examined and awarded by the American commissioners and had not + been allowed by the Mexican commissioners, amounting to $928,627.88, + upon which he did not decide, alleging that his authority had ceased + with the termination of the joint commission. Besides these claims, + there were others of American citizens amounting to $3,336,837.05, which + had been submitted to the board, and upon which they had not time to + decide before their final adjournment. +</p> +<p> + The sum of $2,026,139.68, which had been awarded to the claimants, was a + liquidated and ascertained debt due by Mexico, about which there could + be no dispute, and which she was bound to pay according to the terms of + the convention. Soon after the final awards for this amount had been + made the Mexican Government asked for a postponement of the time of + making payment, alleging that it would be inconvenient to make the + payment at the time stipulated. In the spirit of forbearing kindness + toward a sister republic, which Mexico has so long abused, the United + States promptly complied with her request. A second convention was + accordingly concluded between the two Governments on the 30th of + January, 1843, which upon its face declares that "this new arrangement + is entered into for the accommodation of Mexico." By the terms of this + convention all the interest due on the awards which had been made in + favor of the claimants under the convention of the 11th of April, 1839, + was to be paid to them on the 30th of April, 1843, and "the principal of + the said awards and the interest accruing thereon" was stipulated to + "be paid in five years, in equal installments every three months." + Notwithstanding this new convention was entered into at the request of + Mexico and for the purpose of relieving her from embarrassment, the + claimants have only received the interest due on the 30th of April, + 1843, and three of the twenty installments. Although the payment of the + sum thus liquidated and confessedly due by Mexico to our citizens as + indemnity for acknowledged acts of outrage and wrong was secured by + treaty, the obligations of which are ever held sacred by all just + nations, yet Mexico has violated this solemn engagement by failing and + refusing to make the payment. The two installments due in April and + July, 1844, under the peculiar circumstances connected with them, have + been assumed by the United States and discharged to the claimants, but + they are still due by Mexico. But this is not all of which we have just + cause of complaint. To provide a remedy for the claimants whose cases + were not decided by the joint commission under the convention of April + 11, 1839, it was expressly stipulated by the sixth article of the + convention of the 30th of January, 1843, that— +</p> +<p class="q"> + A new convention shall be entered into for the settlement of all claims + of the Government and citizens of the United States against the Republic + of Mexico which were not finally decided by the late commission which + met in the city of Washington, and of all claims of the Government and + citizens of Mexico against the United States. +</p> +<p> + In conformity with this stipulation, a third convention was concluded + and signed at the city of Mexico on the 20th of November, 1843, by the + plenipotentiaries of the two Governments, by which provision was made + for ascertaining and paying these claims. In January, 1844, this + convention was ratified by the Senate of the United States with two + amendments, which were manifestly reasonable in their character. Upon a + reference of the amendments proposed to the Government of Mexico, the + same evasions, difficulties, and delays were interposed which have so + long marked the policy of that Government toward the United States. It + has not even yet decided whether it would or would not accede to them, + although the subject has been repeatedly pressed upon its consideration. + Mexico has thus violated a second time the faith of treaties by failing + or refusing to carry into effect the sixth article of the convention of + January, 1843. +</p> +<p> + Such is the history of the wrongs which we have suffered and patiently + endured from Mexico through a long series of years. So far from + affording reasonable satisfaction for the injuries and insults we had + borne, a great aggravation of them consists in the fact that while the + United States, anxious to preserve a good understanding with Mexico, + have been constantly but vainly employed in seeking redress for past + wrongs, new outrages were constantly occurring, which have continued to + increase our causes of complaint and to swell the amount of our demands. + While the citizens of the United States were conducting a lawful + commerce with Mexico under the guaranty of a treaty of "amity, commerce, + and navigation," many of them have suffered all the injuries which would + have resulted from open war. This treaty, instead of affording + protection to our citizens, has been the means of inviting them into the + ports of Mexico that they might be, as they have been in numerous + instances, plundered of their property and deprived of their personal + liberty if they dared insist on their rights. Had the unlawful seizures + of American property and the violation of the personal liberty of our + citizens, to say nothing of the insults to our flag, which have occurred + in the ports of Mexico taken place on the high seas, they would + themselves long since have constituted a state of actual war between the + two countries. In so long suffering Mexico to violate her most solemn + treaty obligations, plunder our citizens of their property, and imprison + their persons without affording them any redress we have failed to + perform one of the first and highest duties which every government owes + to its citizens, and the consequence has been that many of them have + been reduced from a state of affluence to bankruptcy. The proud name of + American citizen, which ought to protect all who bear it from insult and + injury throughout the world, has afforded no such protection to our + citizens in Mexico. We had ample cause of war against Mexico long before + the breaking out of hostilities; but even then we forbore to take + redress into our own hands until Mexico herself became the aggressor by + invading our soil in hostile array and shedding the blood of our + citizens. +</p> +<p> + Such are the grave causes of complaint on the part of the United States + against Mexico—causes which existed long before the annexation of Texas + to the American Union; and yet, animated by the love of peace and a + magnanimous moderation, we did not adopt those measures of redress which + under such circumstances are the justified resort of injured nations. +</p> +<p> + The annexation of Texas to the United States constituted no just cause + of offense to Mexico. The pretext that it did so is wholly inconsistent + and irreconcilable with well-authenticated facts connected with the + revolution by which Texas became independent of Mexico. That this may be + the more manifest, it may be proper to advert to the causes and to the + history of the principal events of that revolution. +</p> +<p> + Texas constituted a portion of the ancient Province of Louisiana, ceded + to the United States by France in the year 1803. In the year 1819 the + United States, by the Florida treaty, ceded to Spain all that part of + Louisiana within the present limits of Texas, and Mexico, by the + revolution which separated her from Spain and rendered her an + independent nation, succeeded to the rights of the mother country over + this territory. In the year 1824 Mexico established a federal + constitution, under which the Mexican Republic was composed of a number + of sovereign States confederated together in a federal union similar to + our own. Each of these States had its own executive, legislature, and + judiciary, and for all except federal purposes was as independent of the + General Government and that of the other States as is Pennsylvania or + Virginia under our Constitution. Texas and Coahuila united and formed + one of these Mexican States. The State constitution which they adopted, + and which was approved by the Mexican Confederacy, asserted that they + were "free and independent of the other Mexican United States and of + every other power and dominion whatsoever," and proclaimed the great + principle of human liberty that "the sovereignty of the state resides + originally and essentially in the general mass of the individuals who + compose it." To the Government under this constitution, as well as to + that under the federal constitution, the people of Texas owed + allegiance. +</p> +<p> + Emigrants from foreign countries, including the United States, were + invited by the colonization laws of the State and of the Federal + Government to settle in Texas. Advantageous terms were offered to induce + them to leave their own country and become Mexican citizens. This + invitation was accepted by many of our citizens in the full faith that + in their new home they would be governed by laws enacted by + representatives elected by themselves, and that their lives, liberty, + and property would be protected by constitutional guaranties similar to + those which existed in the Republic they had left. Under a Government + thus organized they continued until the year 1835, when a military + revolution broke out in the City of Mexico which entirely subverted the + federal and State constitutions and placed a military dictator at the + head of the Government. By a sweeping decree of a Congress subservient + to the will of the Dictator the several State constitutions were + abolished and the States themselves converted into mere departments of + the central Government. The people of Texas were unwilling to submit to + this usurpation. Resistance to such tyranny became a high duty. Texas + was fully absolved from all allegiance to the central Government of + Mexico from the moment that Government had abolished her State + constitution and in its place substituted an arbitrary and despotic + central government. Such were the principal causes of the Texan + revolution. The people of Texas at once determined upon resistance and + flew to arms. In the midst of these important and exciting events, + however, they did not omit to place their liberties upon a secure and + permanent foundation. They elected members to a convention, who in the + month of March, 1836, issued a formal declaration that their "political + connection with the Mexican nation has forever ended, and that the + people of Texas do now constitute a <i>free, sovereign, and independent + Republic</i>, and are fully invested with all the rights and attributes + which properly belong to independent nations." They also adopted for + their government a liberal republican constitution. About the same time + Santa Anna, then the Dictator of Mexico, invaded Texas with a numerous + army for the purpose of subduing her people and enforcing obedience to + his arbitrary and despotic Government. On the 21st of April, 1836, he + was met by the Texan citizen soldiers, and on that day was achieved by + them the memorable victory of San Jacinto, by which they conquered their + independence. Considering the numbers engaged on the respective sides, + history does not record a more brilliant achievement. Santa Anna himself + was among the captives. +</p> +<p> + In the month of May, 1836, Santa Anna acknowledged by a treaty with the + Texan authorities in the most solemn form "the full, entire, and perfect + independence of the Republic of Texas." It is true he was then a + prisoner of war, but it is equally true that he had failed to reconquer + Texas, and had met with signal defeat; that his authority had not been + revoked, and that by virtue of this treaty he obtained his personal + release. By it hostilities were suspended, and the army which had + invaded Texas under his command returned in pursuance of this + arrangement unmolested to Mexico. +</p> +<p> + From the day that the battle of San Jacinto was fought until the present + hour Mexico has never possessed the power to reconquer Texas. In the + language of the Secretary of State of the United States in a dispatch to + our minister in Mexico under date of the 8th of July, 1842— +</p> +<p class="q"> + Mexico may have chosen to consider, and may still choose to consider, + Texas as having been at all times since 1835, and as still continuing, + a rebellious province; but the world has been obliged to take a very + different view of the matter. From the time of the battle of San + Jacinto, in April, 1836, to the present moment, Texas has exhibited the + same external signs of national independence as Mexico herself, and with + quite as much stability of government. Practically free and independent, + acknowledged as a political sovereignty by the principal powers of the + world, no hostile foot finding rest within her territory for six or + seven years, and Mexico herself refraining for all that period from any + further attempt to reestablish her own authority over that territory, + it can not but be surprising to find Mr. De Bocanegra [the secretary + of foreign affairs of Mexico] complaining that for that whole period + citizens of the United States or its Government have been favoring the + rebels of Texas and supplying them with vessels, ammunition, and money, + as if the war for the reduction of the Province of Texas had been + constantly prosecuted by Mexico, and her success prevented by these + influences from abroad. +</p> +<p> + In the same dispatch the Secretary of State affirms that— +</p> +<p class="q"> + Since 1837 the United States have regarded Texas as an independent + sovereignty as much as Mexico, and that trade and commerce with citizens + of a government at war with Mexico can not on that account be regarded + as an intercourse by which assistance and succor are given to Mexican + rebels. The whole current of Mr. De Bocanegra's remarks runs in the same + direction, as if the independence of Texas had not been acknowledged. + It has been acknowledged; it was acknowledged in 1837 against the + remonstrance and protest of Mexico, and most of the acts of any + importance of which Mr. De Bocanegra complains flow necessarily from + that recognition. He speaks of Texas as still being "an integral part of + the territory of the Mexican Republic," but he can not but understand + that the United States do not so regard it. The real complaint of + Mexico, therefore, is in substance neither more nor less than a + complaint against the recognition of Texan independence. It may be + thought rather late to repeat that complaint, and not quite just to + confine it to the United States to the exemption of England, France, and + Belgium, unless the United States, having been the first to acknowledge + the independence of Mexico herself, are to be blamed for setting an + example for the recognition of that of Texas. +</p> +<p> + And he added that— +</p> +<p class="q"> + The Constitution, public treaties, and the laws oblige the President to + regard Texas as an independent state, and its territory as no part of + the territory of Mexico. +</p> +<p> + Texas had been an independent state, with an organized government, + defying the power of Mexico to overthrow or reconquer her, for more than + ten years before Mexico commenced the present war against the United + States. Texas had given such evidence to the world of her ability to + maintain her separate existence as an independent nation that she had + been formally recognized as such not only by the United States, but by + several of the principal powers of Europe. These powers had entered into + treaties of amity, commerce, and navigation with her. They had received + and accredited her ministers and other diplomatic agents at their + respective courts, and they had commissioned ministers and diplomatic + agents on their part to the Government of Texas. If Mexico, + notwithstanding all this and her utter inability to subdue or reconquer + Texas, still stubbornly refused to recognize her as an independent + nation, she was none the less so on that account. Mexico herself had + been recognized as an independent nation by the United States and by + other powers many years before Spain, of which before her revolution she + had been a colony, would agree to recognize her as such; and yet Mexico + was at that time in the estimation of the civilized world, and in fact, + none the less an independent power because Spain still claimed her as a + colony. If Spain had continued until the present period to assert that + Mexico was one of her colonies in rebellion against her, this would not + have made her so or changed the fact of her independent existence. Texas + at the period of her annexation to the United States bore the same + relation to Mexico that Mexico had borne to Spain for many years before + Spain acknowledged her independence, with this important difference, + that before the annexation of Texas to the United States was consummated + Mexico herself, by a formal act of her Government, had acknowledged the + independence of Texas as a nation. It is true that in the act of + recognition she prescribed a condition which she had no power or + authority to impose—that Texas should not annex herself to any other + power—but this could not detract in any degree from the recognition + which Mexico then made of her actual independence. Upon this plain + statement of facts, it is absurd for Mexico to allege as a pretext for + commencing hostilities against the United States that Texas is still a + part of her territory. +</p> +<p> + But there are those who, conceding all this to be true, assume the + ground that the true western boundary of Texas is the Nueces instead of + the Rio Grande, and that therefore in marching our Army to the east bank + of the latter river we passed the Texan line and invaded the territory + of Mexico. A simple statement of facts known to exist will conclusively + refute such an assumption. Texas, as ceded to the United States by + France in 1803, has been always claimed as extending west to the Rio + Grande or Rio Bravo. This fact is established by the authority of our + most eminent statesmen at a period when the question was as well, if not + better, understood than it is at present. During Mr. Jefferson's + Administration Messrs. Monroe and Pinckney, who had been sent on a + special mission to Madrid, charged among other things with the + adjustment of boundary between the two countries, in a note addressed to + the Spanish minister of foreign affairs under date of the 28th of + January, 1805, assert that the boundaries of Louisiana, as ceded to the + United States by France, "are the river Perdido on the east and the + river Bravo on the west," and they add that "the facts and principles + which justify this conclusion are so satisfactory to our Government as + to convince it that the United States have not a better right to the + island of New Orleans under the cession referred to than they have to + the whole district of territory which is above described." Down to the + conclusion of the Florida treaty, in February, 1819, by which this + territory was ceded to Spain, the United States asserted and maintained + their territorial rights to this extent. In the month of June, 1818, + during Mr. Monroe's Administration, information having been received + that a number of foreign adventurers had landed at Galveston with the + avowed purpose of forming a settlement in that vicinity, a special + messenger was dispatched by the Government of the United States with + instructions from the Secretary of State to warn them to desist, should + they be found there, "or any other place north of the Rio Bravo, and + within the territory claimed by the United States." He was instructed, + should they be found in the country north of that river, to make known + to them "the surprise with which the President has seen possession thus + taken, without authority from the United States, of a place within their + territorial limits, and upon which no lawful settlement can be made + without their sanction." He was instructed to call upon them to "avow + under what national authority they profess to act," and to give them due + warning "that the place is within the United States, who will suffer no + permanent settlement to be made there under any authority other than + their own." As late as the 8th of July, 1842, the Secretary of State of + the United States, in a note addressed to our minister in Mexico, + maintains that by the Florida treaty of 1819 the territory as far west + as the Rio Grande was confirmed to Spain. In that note he states that— +</p> +<p class="q"> + By the treaty of the 22d of February, 1819, between the United States + and Spain, the Sabine was adopted as the line of boundary between the + two powers. Up to that period no considerable colonization had been + effected in Texas; but the territory between the Sabine and the Rio + Grande being confirmed to Spain by the treaty, applications were made + to that power for grants of land, and such grants or permissions of + settlement were in fact made by the Spanish authorities in favor of + citizens of the United States proposing to emigrate to <i>Texas</i> in + numerous families before the declaration of independence by Mexico. +</p> +<p> + The Texas which was ceded to Spain by the Florida treaty of 1819 + embraced all the country now claimed by the State of Texas between the + Nueces and the Rio Grande. The Republic of Texas always claimed this + river as her western boundary, and in her treaty made with Santa Anna in + May, 1836, he recognized it as such. By the constitution which Texas + adopted in March, 1836, senatorial and representative districts were + organized extending west of the Nueces. The Congress of Texas on the + 19th of December, 1836, passed "An act to define the boundaries of the + Republic of Texas," in which they declared the Rio Grande from its mouth + to its source to be their boundary, and by the said act they extended + their "civil and political jurisdiction" over the country up to that + boundary. During a period of more than nine years which intervened + between the adoption of her constitution and her annexation as one of + the States of our Union Texas asserted and exercised many acts of + sovereignty and jurisdiction over the territory and inhabitants west of + the Nueces. She organized and defined the limits of counties extending + to the Rio Grande; she established courts of justice and extended her + judicial system over the territory; she established a custom-house and + collected duties, and also post-offices and post-roads, in it; she + established a land office and issued numerous grants for land within its + limits; a senator and a representative residing in it were elected to + the Congress of the Republic and served as such before the act of + annexation took place. In both the Congress and convention of Texas + which gave their assent to the terms of annexation to the United States + proposed by our Congress were representatives residing west of the + Nueces, who took part in the act of annexation itself. This was the + Texas which by the act of our Congress of the 29th of December, 1845, + was admitted as one of the States of our Union. That the Congress of the + United States understood the State of Texas which they admitted into the + Union to extend beyond the Nueces is apparent from the fact that on the + 31st of December, 1845, only two days after the act of admission, they + passed a law "to establish a collection district in the State of Texas," + by which they created a port of delivery at Corpus Christi, situated + west of the Nueces, and being the same point at which the Texas + custom-house under the laws of that Republic had been located, and + directed that a surveyor to collect the revenue should be appointed for + that port by the President, by and with the advice and consent of the + Senate. A surveyor was accordingly nominated, and confirmed by the + Senate, and has been ever since in the performance of his duties. All + these acts of the Republic of Texas and of our Congress preceded the + orders for the advance of our Army to the east bank of the Rio Grande. + Subsequently Congress passed an act "establishing certain post routes" + extending west of the Nueces. The country west of that river now + constitutes a part of one of the Congressional districts of Texas and is + represented in the House of Representatives. The Senators from that + State were chosen by a legislature in which the country west of that + river was represented. In view of all these facts it is difficult to + conceive upon what ground it can be maintained that in occupying the + country west of the Nueces with our Army, with a view solely to its + security and defense, we invaded the territory of Mexico. But it would + have been still more difficult to justify the Executive, whose duty it + is to see that the laws be faithfully executed, if in the face of all + these proceedings, both of the Congress of Texas and of the United + States, he had assumed the responsibility of yielding up the territory + west of the Nueces to Mexico or of refusing to protect and defend this + territory and its inhabitants, including Corpus Christi as well as the + remainder of Texas, against the threatened Mexican invasion. +</p> +<p> + But Mexico herself has never placed the war which she has waged upon the + ground that our Army occupied the intermediate territory between the + Nueces and the Rio Grande. Her refuted pretension that Texas was not in + fact an independent state, but a rebellious province, was obstinately + persevered in, and her avowed purpose in commencing a war with the + United States was to reconquer Texas and to restore Mexican authority + over the whole territory—not to the Nueces only, but to the Sabine. In + view of the proclaimed menaces of Mexico to this effect, I deemed it my + duty, as a measure of precaution and defense, to order our Army to + occupy a position on our frontier as a military post, from which our + troops could best resist and repel any attempted invasion which Mexico + might make. Our Army had occupied a position at Corpus Christi, west of + the Nueces, as early as August, 1845, without complaint from any + quarter. Had the Nueces been regarded as the true western boundary of + Texas, that boundary had been passed by our Army many months before it + advanced to the eastern bank of the Rio Grande. In my annual message of + December last I informed Congress that upon the invitation of both the + Congress and convention of Texas I had deemed it proper to order a + strong squadron to the coasts of Mexico and to concentrate an efficient + military force on the western frontier of Texas to protect and defend + the inhabitants against the menaced invasion of Mexico. In that message + I informed Congress that the moment the terms of annexation offered by + the United States were accepted by Texas the latter became so far a part + of our own country as to make it our duty to afford such protection and + defense, and that for that purpose our squadron had been ordered to the + Gulf and our Army to take a "position between the Nueces and the Del + Norte" or Rio Grande and to "repel any invasion of the Texan territory + which might be attempted by the Mexican forces." +</p> +<p> + It was deemed proper to issue this order, because soon after the + President of Texas, in April, 1845, had issued his proclamation + convening the Congress of that Republic for the purpose of submitting to + that body the terms of annexation proposed by the United States the + Government of Mexico made serious threats of invading the Texan + territory. These threats became more imposing as it became more apparent + in the progress of the question that the people of Texas would decide in + favor of accepting the terms of annexation, and finally they had assumed + such a formidable character as induced both the Congress and convention + of Texas to request that a military force should be sent by the United + States into her territory for the purpose of protecting and defending + her against the threatened invasion. It would have been a violation of + good faith toward the people of Texas to have refused to afford the aid + which they desired against a threatened invasion to which they had been + exposed by their free determination to annex themselves to our Union in + compliance with the overture made to them by the joint resolution of our + Congress. Accordingly, a portion of the Army was ordered to advance into + Texas. Corpus Christi was the position selected by General Taylor. He + encamped at that place in August, 1845, and the Army remained in that + position until the 11th of March, 1846, when it moved westward, and on + the 28th of that month reached the east bank of the Rio Grande opposite + to Matamoras. This movement was made in pursuance of orders from the War + Department, issued on the 13th of January, 1846. Before these orders + were issued the dispatch of our minister in Mexico transmitting the + decision of the council of government of Mexico advising that he should + not be received, and also the dispatch of our consul residing in the + City of Mexico, the former bearing date on the 17th and the latter on + the 18th of December, 1845, copies of both of which accompanied my + message to Congress of the 11th of May last, were received at the + Department of State. These communications rendered it highly probable, + if not absolutely certain, that our minister would not be received by + the Government of General Herrera. It was also well known that but + little hope could be entertained of a different result from General + Paredes in case the revolutionary movement which he was prosecuting + should prove successful, as was highly probable. The partisans of + Paredes, as our minister in the dispatch referred to states, breathed + the fiercest hostility against the United States, denounced the proposed + negotiation as treason, and openly called upon the troops and the people + to put down the Government of Herrera by force. The reconquest of Texas + and war with the United States were openly threatened. These were the + circumstances existing when it was deemed proper to order the Army under + the command of General Taylor to advance to the western frontier of + Texas and occupy a position on or near the Rio Grande. +</p> +<p> + The apprehensions of a contemplated Mexican invasion have been since + fully justified by the event. The determination of Mexico to rush into + hostilities with the United States was afterwards manifested from the + whole tenor of the note of the Mexican minister of foreign affairs to + our minister bearing date on the 12th of March, 1846. Paredes had then + revolutionized the Government, and his minister, after referring to the + resolution for the annexation of Texas which had been adopted by our + Congress in March, 1845, proceeds to declare that— +</p> +<p class="q"> + A fact such as this, or, to speak with greater exactness, so notable an + act of usurpation, created an imperious necessity that Mexico, for her + own honor, should repel it with proper firmness and dignity. The supreme + Government had beforehand declared that it would look upon such an act + as a <i>casus belli</i>, and as a consequence of this declaration negotiation + was by its very nature at an end, and war was the only recourse of the + Mexican Government. +</p> +<p> + It appears also that on the 4th of April following General Paredes, + through his minister of war, issued orders to the Mexican general in + command on the Texan frontier to "attack" our Army "by every means which + war permits." To this General Paredes had been pledged to the army and + people of Mexico during the military revolution which had brought him + into power. On the 18th of April, 1846, General Paredes addressed a + letter to the commander on that frontier in which he stated to him: "At + the present date I suppose you, at the head of that valiant army, either + fighting already or preparing for the operations of a campaign;" and, + "Supposing you already on the theater of operations and with all the + forces assembled, it is indispensable that hostilities be commenced, + yourself taking the initiative against the enemy." +</p> +<p> + The movement of our Army to the Rio Grande was made by the commanding + general under positive orders to abstain from all aggressive acts toward + Mexico or Mexican citizens, and to regard the relations between the two + countries as peaceful unless Mexico should declare war or commit acts of + hostility indicative of a state of war, and these orders he faithfully + executed. Whilst occupying his position on the east bank of the Rio + Grande, within the limits of Texas, then recently admitted as one of the + States of our Union, the commanding general of the Mexican forces, who, + in pursuance of the orders of his Government, had collected a large army + on the opposite shore of the Rio Grande, crossed the river, invaded our + territory, and commenced hostilities by attacking our forces. Thus, + after all the injuries which we had received and borne from Mexico, and + after she had insultingly rejected a minister sent to her on a mission + of peace, and whom she had solemnly agreed to receive, she consummated + her long course of outrage against our country by commencing an + offensive war and shedding the blood of our citizens on our own soil. +</p> +<p> + The United States never attempted to acquire Texas by conquest. On the + contrary, at an early period after the people of Texas had achieved + their independence they sought to be annexed to the United States. At a + general election in September, 1836, they decided with great unanimity + in favor of "annexation," and in November following the Congress of the + Republic authorized the appointment of a minister to bear their request + to this Government. This Government, however, having remained neutral + between Texas and Mexico during the war between them, and considering it + due to the honor of our country and our fair fame among the nations of + the earth that we should not at this early period consent to annexation, + nor until it should be manifest to the whole world that the reconquest + of Texas by Mexico was impossible, refused to accede to the overtures + made by Texas. On the 12th of April, 1844, after more than seven years + had elapsed since Texas had established her independence, a treaty was + concluded for the annexation of that Republic to the United States, + which was rejected by the Senate. Finally, on the 1st of March, 1845, + Congress passed a joint resolution for annexing her to the United States + upon certain preliminary conditions to which her assent was required. + The solemnities which characterized the deliberations and conduct of the + Government and people of Texas on the deeply interesting questions + presented by these resolutions are known to the world. The Congress, the + Executive, and the people of Texas, in a convention elected for that + purpose, accepted with great unanimity the proposed terms of annexation, + and thus consummated on her part the great act of restoring to our + Federal Union a vast territory which had been ceded to Spain by the + Florida treaty more than a quarter of a century before. +</p> +<p> + After the joint resolution for the annexation of Texas to the United + States had been passed by our Congress the Mexican minister at + Washington addressed a note to the Secretary of State, bearing date on + the 6th of March, 1845, protesting against it as "an act of aggression + the most unjust which can be found recorded in the annals of modern + history, namely, that of despoiling a friendly nation like Mexico of a + considerable portion of her territory," and protesting against the + resolution of annexation as being an act "whereby the Province of Texas, + an integral portion of the Mexican territory, is agreed and admitted + into the American Union;" and he announced that as a consequence his + mission to the United States had terminated, and demanded his passports, + which were granted. It was upon the absurd pretext, made by Mexico + (herself indebted for her independence to a successful revolution), that + the Republic of Texas still continued to be, notwithstanding all that + had passed, a Province of Mexico that this step was taken by the Mexican + minister. +</p> +<p> + Every honorable effort has been used by me to avoid the war which + followed, but all have proved vain. All our attempts to preserve peace + have been met by insult and resistance on the part of Mexico. My efforts + to this end commenced in the note of the Secretary of State of the 10th + of March, 1845, in answer to that of the Mexican minister. Whilst + declining to reopen a discussion which had already been exhausted, and + proving again what was known to the whole world, that Texas had long + since achieved her independence, the Secretary of State expressed the + regret of this Government that Mexico should have taken offense at the + resolution of annexation passed by Congress, and gave assurance that our + "most strenuous efforts shall be devoted to the amicable adjustment of + every cause of complaint between the two Governments and to the + cultivation of the kindest and most friendly relations between the + sister Republics." That I have acted in the spirit of this assurance + will appear from the events which have since occurred. Notwithstanding + Mexico had abruptly terminated all diplomatic intercourse with the + United States, and ought, therefore, to have been the first to ask for + its resumption, yet, waiving all ceremony, I embraced the earliest + favorable opportunity "to ascertain from the Mexican Government whether + they would receive an envoy from the United States intrusted With full + power to adjust all the questions in dispute between the two + Governments." In September, 1845, I believed the propitious moment for + such an overture had arrived. Texas, by the enthusiastic and almost + unanimous will of her people, had pronounced in favor of annexation. + Mexico herself had agreed to acknowledge the independence of Texas, + subject to a condition, it is true, which she had no right to impose and + no power to enforce. The last lingering hope of Mexico, if she still + could have retained any, that Texas would ever again become one of her + Provinces, must have been abandoned. +</p> +<p> + The consul of the United States at the City of Mexico was therefore + instructed by the Secretary of State on the 15th of September, 1845, to + make the inquiry of the Mexican Government. The inquiry was made, and + on the 15th of October, 1845, the minister of foreign affairs of the + Mexican Government, in a note addressed to our consul, gave a favorable + response, requesting at the same time that our naval force might be + withdrawn from Vera Cruz while negotiations should be pending. Upon the + receipt of this note our naval force was promptly withdrawn from Vera + Cruz. A minister was immediately appointed, and departed to Mexico. + Everything bore a promising aspect for a speedy and peaceful adjustment + of all our difficulties. At the date of my annual message to Congress in + December last no doubt was entertained but that he would be received by + the Mexican Government, and the hope was cherished that all cause of + misunderstanding between the two countries would be speedily removed. + In the confident hope that such would be the result of his mission, + I informed Congress that I forbore at that time to "recommend such + ulterior measures of redress for the wrongs and injuries we had so long + borne as it would have been proper to make had no such negotiation been + instituted." To my surprise and regret the Mexican Government, though + solemnly pledged to do so, upon the arrival of our minister in Mexico + refused to receive and accredit him. When he reached Vera Cruz, on + the 30th of November, 1845, he found that the aspect of affairs had + undergone an unhappy change. The Government of General Herrera, who was + at that time President of the Republic, was tottering to its fall. + General Paredes, a military leader, had manifested his determination to + overthrow the Government of Herrera by a military revolution, and one of + the principal means which he employed to effect his purpose and render + the Government of Herrera odious to the army and people of Mexico was by + loudly condemning its determination to receive a minister of peace from + the United States, alleging that it was the intention of Herrera, by a + treaty with the United States, to dismember the territory of Mexico by + ceding away the department of Texas. The Government of Herrera is + believed to have been well disposed to a pacific adjustment of existing + difficulties, but probably alarmed for its own security, and in order + to ward off the danger of the revolution led by Paredes, violated its + solemn agreement and refused to receive or accredit our minister; and + this although informed that he had been invested with full power to + adjust all questions in dispute between the two Governments. Among the + frivolous pretexts for this refusal, the principal one was that our + minister had not gone upon a special mission confined to the question of + Texas alone, leaving all the outrages upon our flag and our citizens + unredressed. The Mexican Government well knew that both our national + honor and the protection due to our citizens imperatively required that + the two questions of boundary and indemnity should be treated of + together, as naturally and inseparably blended, and they ought to have + seen that this course was best calculated to enable the United States to + extend to them the most liberal justice. On the 30th of December, 1845, + General Herrera resigned the Presidency and yielded up the Government to + General Paredes without a struggle. Thus a revolution was accomplished + solely by the army commanded by Paredes, and the supreme power in Mexico + passed into the hands of a military usurper who was known to be bitterly + hostile to the United States. +</p> +<p> + Although the prospect of a pacific adjustment with the new Government + was unpromising from the known hostility of its head to the United + States, yet, determined that nothing should be left undone on our part + to restore friendly relations between the two countries, our minister + was instructed to present his credentials to the new Government and ask + to be accredited by it in the diplomatic character in which he had been + commissioned. These instructions he executed by his note of the 1st of + March, 1846, addressed to the Mexican minister of foreign affairs, but + his request was insultingly refused by that minister in his answer of + the 12th of the same month. No alternative remained for our minister but + to demand his passports and return to the United States. +</p> +<p> + Thus was the extraordinary spectacle presented to the civilized world of + a Government, in violation of its own express agreement, having twice + rejected a minister of peace invested with full powers to adjust all + the existing differences between the two countries in a manner just + and honorable to both. I am not aware that modern history presents a + parallel case in which in time of peace one nation has refused even to + hear propositions from another for terminating existing difficulties + between them. Scarcely a hope of adjusting our difficulties, even at a + remote day, or of preserving peace with Mexico, could be cherished while + Paredes remained at the head of the Government. He had acquired the + supreme power by a military revolution and upon the most solemn pledges + to wage war against the United States and to reconquer Texas, which he + claimed as a revolted province of Mexico. He had denounced as guilty + of treason all those Mexicans who considered Texas as no longer + constituting a part of the territory of Mexico and who were friendly to + the cause of peace. The duration of the war which he waged against the + United States was indefinite, because the end which he proposed of the + reconquest of Texas was hopeless. Besides, there was good reason to + believe from all his conduct that it was his intention to convert the + Republic of Mexico into a monarchy and to call a foreign European prince + to the throne. Preparatory to this end, he had during his short rule + destroyed the liberty of the press, tolerating that portion of it only + which openly advocated the establishment of a monarchy. The better to + secure the success of his ultimate designs, he had by an arbitrary + decree convoked a Congress, not to be elected by the free voice of the + people, but to be chosen in a manner to make them subservient to his + will and to give him absolute control over their deliberations. +</p> +<p> + Under all these circumstances it was believed that any revolution in + Mexico founded upon opposition to the ambitious projects of Paredes + would tend to promote the cause of peace as well as prevent any + attempted European interference in the affairs of the North American + continent, both objects of deep interest to the United States. Any such + foreign interference, if attempted, must have been resisted by the + United States. My views upon that subject were fully communicated to + Congress in my last annual message. In any event, it was certain that no + change whatever in the Government of Mexico which would deprive Paredes + of power could be for the worse so far as the United States were + concerned, while it was highly probable that any change must be for the + better. This was the state of affairs existing when Congress, on the + 13th of May last, recognized the existence of the war which had been + commenced by the Government of Paredes; and it became an object of much + importance, with a view to a speedy settlement of our difficulties and + the restoration of an honorable peace, that Paredes should not retain + power in Mexico. +</p> +<p> + Before that time there were symptoms of a revolution in Mexico, favored, + as it was understood to be, by the more liberal party, and especially by + those who were opposed to foreign interference and to the monarchical + form of government. Santa Anna was then in exile in Havana, having been + expelled from power and banished from his country by a revolution which + occurred in December, 1844; but it was known that he had still a + considerable party in his favor in Mexico. It was also equally well + known that no vigilance which could be exerted by our squadron would in + all probability have prevented him from effecting a landing somewhere + on the extensive Gulf coast of Mexico if he desired to return to his + country. He had openly professed an entire change of policy, had + expressed his regret that he had subverted the federal constitution of + 1824, and avowed that he was now in favor of its restoration. He had + publicly declared his hostility, in strongest terms, to the + establishment of a monarchy and to European interference in the affairs + of his country. Information to this effect had been received, from + sources believed to be reliable, at the date of the recognition of the + existence of the war by Congress, and was afterwards fully confirmed by + the receipt of the dispatch of our consul in the City of Mexico, with + the accompanying documents, which are herewith transmitted. Besides, it + was reasonable to suppose that he must see the ruinous consequences to + Mexico of a war with the United States, and that it would be his + interest to favor peace. +</p> +<p> + It was under these circumstances and upon these considerations that it + was deemed expedient not to obstruct his return to Mexico should he + attempt to do so. Our object was the restoration of peace, and, with + that view, no reason was perceived why we should take part with Paredes + and aid him by means of our blockade in preventing the return of his + rival to Mexico. On the contrary, it was believed that the intestine + divisions which ordinary sagacity could not but anticipate as the fruit + of Santa Anna's return to Mexico, and his contest with Paredes, might + strongly tend to produce a disposition with both parties to restore and + preserve peace with the United States. Paredes was a soldier by + profession and a monarchist in principle. He had but recently before + been successful in a military revolution, by which he had obtained + power. He was the sworn enemy of the United States, with which he had + involved his country in the existing war. Santa Anna had been expelled + from power by the army, was known to be in open hostility to Paredes, + and publicly pledged against foreign intervention and the restoration of + monarchy in Mexico. In view of these facts and circumstances it was that + when orders were issued to the commander of our naval forces in the + Gulf, on the 13th day of May last, the same day on which the existence + of the war was recognized by Congress, to place the coasts of Mexico + under blockade, he was directed not to obstruct the passage of Santa + Anna to Mexico should he attempt to return. +</p> +<p> + A revolution took place in Mexico in the early part of August following, + by which the power of Paredes was overthrown, and he has since been + banished from the country, and is now in exile. Shortly afterwards Santa + Anna returned. It remains to be seen whether his return may not yet + prove to be favorable to a pacific adjustment of the existing + difficulties, it being manifestly his interest not to persevere in the + prosecution of a war commenced by Paredes to accomplish a purpose so + absurd as the reconquest of Texas to the Sabine. Had Paredes remained in + power, it is morally certain that any pacific adjustment would have been + hopeless. +</p> +<p> + Upon the commencement of hostilities by Mexico against the United States + the indignant spirit of the nation was at once aroused. Congress + promptly responded to the expectations of the country, and by the act of + the 13th of May last recognized the fact that war existed, by the act of + Mexico, between the United States and that Republic, and granted the + means necessary for its vigorous prosecution. Being involved in a war + thus commenced by Mexico, and for the justice of which on our part we + may confidently appeal to the whole world, I resolved to prosecute it + with the utmost vigor. Accordingly the ports of Mexico on the Gulf and + on the Pacific have been placed under blockade and her territory invaded + at several important points. The reports from the Departments of War and + of the Navy will inform you more in detail of the measures adopted in + the emergency in which our country was placed and of the gratifying + results which have been accomplished. +</p> +<p> + The various columns of the Army have performed their duty under great + disadvantages with the most distinguished skill and courage. The + victories of Palo Alto and Resaca de la Palma and of Monterey, won + against greatly superior numbers and against most decided advantages in + other respects on the part of the enemy, were brilliant in their + execution, and entitle our brave officers and soldiers to the grateful + thanks of their country. The nation deplores the loss of the brave + officers and men who have gallantly fallen while vindicating and + defending their country's rights and honor. +</p> +<p> + It is a subject of pride and satisfaction that our volunteer citizen + soldiers, who so promptly responded to their country's call, with an + experience of the discipline of a camp of only a few weeks, have borne + their part in the hard-fought battle of Monterey with a constancy and + courage equal to that of veteran troops and worthy of the highest + admiration. The privations of long marches through the enemy's country + and through a wilderness have been borne without a murmur. By rapid + movements the Province of New Mexico, with Santa Fe, its capital, has + been captured without bloodshed. The Navy has cooperated with the Army + and rendered important services; if not so brilliant, it is because the + enemy had no force to meet them on their own element and because of the + defenses which nature has interposed in the difficulties of the + navigation on the Mexican coast. Our squadron in the Pacific, with the + cooperation of a gallant officer of the Army and a small force hastily + collected in that distant country, has acquired bloodless possession of + the Californias, and the American flag has been raised at every + important point in that Province. +</p> +<p> + I congratulate you on the success which has thus attended our military + and naval operations. In less than seven months after Mexico commenced + hostilities, at a time selected by herself, we have taken possession of + many of her principal ports, driven back and pursued her invading army, + and acquired military possession of the Mexican Provinces of New Mexico, + New Leon, Coahuila, Tamaulipas, and the Californias, a territory larger + in extent than that embraced in the original thirteen States of the + Union, inhabited by a considerable population, and much of it more than + 1,000 miles from the points at which we had to collect our forces and + commence our movements. By the blockade the import and export trade of + the enemy has been cut off. Well may the American people be proud of the + energy and gallantry of our regular and volunteer officers and soldiers. + The events of these few months afford a gratifying proof that our + country can under any emergency confidently rely for the maintenance of + her honor and the defense of her rights on an effective force, ready at + all times voluntarily to relinquish the comforts of home for the perils + and privations of the camp. And though such a force may be for the time + expensive, it is in the end economical, as the ability to command it + removes the necessity of employing a large standing army in time of + peace, and proves that our people love their institutions and are ever + ready to defend and protect them. +</p> +<p> + While the war was in a course of vigorous and successful prosecution, + being still anxious to arrest its evils, and considering that after the + brilliant victories of our arms on the 8th and 9th of May last the + national honor could not be compromitted by it, another overture was + made to Mexico, by my direction, on the 27th of July last to terminate + hostilities by a peace just and honorable to both countries. On the 31st + of August following the Mexican Government declined to accept this + friendly overture, but referred it to the decision of a Mexican Congress + to be assembled in the early part of the present month. I communicate to + you herewith a copy of the letter of the Secretary of State proposing to + reopen negotiations, of the answer of the Mexican Government, and of the + reply thereto of the Secretary of State. +</p> +<p> + The war will continue to be prosecuted with vigor as the best means of + securing peace. It is hoped that the decision of the Mexican Congress, + to which our last overture has been referred, may result in a speedy and + honorable peace. With our experience, however, of the unreasonable + course of the Mexican authorities, it is the part of wisdom not to relax + in the energy of our military operations until the result is made known. + In this view it is deemed important to hold military possession of all + the Provinces which have been taken until a definitive treaty of peace + shall have been concluded and ratified by the two countries. +</p> +<p> + The war has not been waged with a view to conquest, but, having been + commenced by Mexico, it has been carried into the enemy's country and + will be vigorously prosecuted there with a view to obtain an honorable + peace, and thereby secure ample indemnity for the expenses of the war, + as well as to our much-injured citizens, who hold large pecuniary + demands against Mexico. +</p> +<p> + By the laws of nations a conquered country is subject to be governed by + the conqueror during his military possession and until there is either a + treaty of peace or he shall voluntarily withdraw from it. The old civil + government being necessarily superseded, it is the right and duty of the + conqueror to secure his conquest and to provide for the maintenance of + civil order and the rights of the inhabitants. This right has been + exercised and this duty performed by our military and naval commanders + by the establishment of temporary governments in some of the conquered + Provinces of Mexico, assimilating them as far as practicable to the free + institutions of our own country. In the Provinces of New Mexico and of + the Californias little, if any, further resistance is apprehended from + the inhabitants to the temporary governments which have thus, from the + necessity of the case and according to the laws of war, been + established. It may be proper to provide for the security of these + important conquests by making an adequate appropriation for the purpose + of erecting fortifications and defraying the expenses necessarily + incident to the maintenance of our possession and authority over them. +</p> +<p> + Near the close of your last session, for reasons communicated to + Congress, I deemed it important as a measure for securing a speedy peace + with Mexico, that a sum of money should be appropriated and placed in + the power of the Executive, similar to that which had been made upon two + former occasions during the Administration of President Jefferson. +</p> +<p> + On the 26th of February, 1803, an appropriation of $2,000,000 was made + and placed at the disposal of the President. Its object is well known. + It was at that time in contemplation to acquire Louisiana from France, + and it was intended to be applied as a part of the consideration which + might be paid for that territory. On the 13th of February, 1806, the + same sum was in like manner appropriated, with a view to the purchase of + the Floridas from Spain. These appropriations were made to facilitate + negotiations and as a means to enable the President to accomplish the + important objects in view. Though it did not become necessary for the + President to use these appropriations, yet a state of things might have + arisen in which it would have been highly important for him to do so, + and the wisdom of making them can not be doubted. It is believed that + the measure recommended at your last session met with the approbation of + decided majorities in both Houses of Congress. Indeed, in different + forms, a bill making an appropriation of $2,000,000 passed each House, + and it is much to be regretted that it did not become a law. The reasons + which induced me to recommend the measure at that time still exist, and + I again submit the subject for your consideration and suggest the + importance of early action upon it. Should the appropriation be made and + be not needed, it will remain in the Treasury; should it be deemed + proper to apply it in whole or in part, it will be accounted for as + other public expenditures. +</p> +<p> + Immediately after Congress had recognized the existence of the war with + Mexico my attention was directed to the danger that privateers might be + fitted out in the ports of Cuba and Porto Rico to prey upon the commerce + of the United States, and I invited the special attention of the Spanish + Government to the fourteenth article of our treaty with that power of + the 27th of October, 1795, under which the citizens and subjects of + either nation who shall take commissions or letters of marque to act as + privateers against the other "shall be punished as pirates." +</p> +<p> + It affords me pleasure to inform you that I have received assurances + from the Spanish Government that this article of the treaty shall be + faithfully observed on its part. Orders for this purpose were + immediately transmitted from that Government to the authorities of Cuba + and Porto Rico to exert their utmost vigilance in preventing any + attempts to fit out privateers in those islands against the United + States. From the good faith of Spain I am fully satisfied that this + treaty will be executed in its spirit as well as its letter, whilst the + United States will on their part faithfully perform all the obligations + which it imposes on them. +</p> +<p> + Information has been recently received at the Department of State that + the Mexican Government has sent to Havana blank commissions to + privateers and blank certificates of naturalization signed by General + Salas, the present head of the Mexican Government. There is also reason + to apprehend that similar documents have been transmitted to other parts + of the world. Copies of these papers, in translation, are herewith + transmitted. +</p> +<p> + As the preliminaries required by the practice of civilized nations for + commissioning privateers and regulating their conduct appear not to have + been observed, and as these commissions are in blank, to be filled up + with the names of citizens and subjects of all nations who may be + willing to purchase them, the whole proceeding can only be construed as + an invitation to all the freebooters upon earth who are willing to pay + for the privilege to cruise against American commerce. It will be for + our courts of justice to decide whether under such circumstances these + Mexican letters of marque and reprisal shall protect those who accept + them, and commit robberies upon the high seas under their authority, + from the pains and penalties of piracy. +</p> +<p> + If the certificates of naturalization thus granted be intended by Mexico + to shield Spanish subjects from the guilt and punishment of pirates + under our treaty with Spain, they will certainly prove unavailing. Such + a subterfuge would be but a weak device to defeat the provisions of a + solemn treaty. +</p> +<p> + I recommend that Congress should immediately provide by law for the + trial and punishment as pirates of Spanish subjects who, escaping the + vigilance of their Government, shall be found guilty of privateering + against the United States. I do not apprehend serious danger from these + privateers. Our Navy will be constantly on the alert to protect our + commerce. Besides, in case prizes should be made of American vessels, + the utmost vigilance will be exerted by our blockading squadron to + prevent the captors from taking them into Mexican ports, and it is not + apprehended that any nation will violate its neutrality by suffering + such prizes to be condemned and sold within its jurisdiction. +</p> +<p> + I recommend that Congress should immediately provide by law for granting + letters of marque and reprisal against vessels under the Mexican flag. + It is true that there are but few, if any, commercial vessels of Mexico + upon the high seas, and it is therefore not probable that many American + privateers would be fitted out in case a law should pass authorizing + this mode of warfare. It is, notwithstanding, certain that such + privateers may render good service to the commercial interests of the + country by recapturing our merchant ships should any be taken by armed + vessels under the Mexican flag, as well as by capturing these vessels + themselves. Every means within our power should be rendered available + for the protection of our commerce. +</p> +<p> + The annual report of the Secretary of the Treasury will exhibit a + detailed statement of the condition of the finances. The imports for the + fiscal year ending on the 30th of June last were of the value of + $121,691,797, of which the amount exported was $11,346,623, leaving the + amount retained in the country for domestic consumption $110,345,174. + The value of the exports for the same period was $113,488,516, of which + $102,141,893 consisted of domestic productions and $11,346,623 of + foreign articles. +</p> +<p> + The receipts into the Treasury for the same year were $29,499,247.06, of + which there was derived from customs $26,712,667.87, from the sales of + public lands $2,694,452.48, and from incidental and miscellaneous + sources $92,126.71. The expenditures for the same period were + $28,031,114.20, and the balance in the Treasury on the 1st day of July + last was $9,126,439.08. +</p> +<p> + The amount of the public debt, including Treasury notes, on the 1st of + the present month was $24,256,494.60, of which the sum of $17,788,799.62 + was outstanding on the 4th of March, 1845, leaving the amount incurred + since that time $6,467,694.98. +</p> +<p> + In order to prosecute the war with Mexico with vigor and energy, as the + best means of bringing it to a speedy and honorable termination, a + further loan will be necessary to meet the expenditures for the present + and the next fiscal year. If the war should be continued until the 30th + of June, 1848, being the end of the next fiscal year, it is estimated + that an additional loan of $23,000,000 will be required. This estimate + is made upon the assumption that it will be necessary to retain + constantly in the Treasury $4,000,000 to guard against contingencies. + If such surplus were not required to be retained, then a loan of + $19,000,000 would be sufficient. If, however, Congress should at the + present session impose a revenue duty on the principal articles now + embraced in the free list, it is estimated that an additional annual + revenue of about two millions and a half, amounting, it is estimated, + on the 30th of June, 1848, to $4,000,000, would be derived from that + source, and the loan required would be reduced by that amount. It is + estimated also that should Congress graduate and reduce the price of + such of the public lands as have been long in the market the additional + revenue derived from that source would be annually, for several years + to come, between half a million and a million dollars; and the loan + required may be reduced by that amount also. Should these measures be + adopted, the loan required would not probably exceed $18,000,000 or + $19,000,000, leaving in the Treasury a constant surplus of $4,000,000. + The loan proposed, it is estimated, will be sufficient to cover the + necessary expenditures both for the war and for all other purposes up + to the 30th of June, 1848, and an amount of this loan not exceeding + one-half may be required during the present fiscal year, and the greater + part of the remainder during the first half of the fiscal year + succeeding. +</p> +<p> + In order that timely notice may be given and proper measures taken to + effect the loan, or such portion of it as may be required, it is + important that the authority of Congress to make it be given at an early + period of your present session. It is suggested that the loan should be + contracted for a period of twenty years, with authority to purchase the + stock and pay it off at an earlier period at its market value out of any + surplus which may at any time be in the Treasury applicable to that + purpose. After the establishment of peace with Mexico, it is supposed + that a considerable surplus will exist, and that the debt may be + extinguished in a much shorter period than that for which it may be + contracted. The period of twenty years, as that for which the proposed + loan may be contracted, in preference to a shorter period, is suggested, + because all experience, both at home and abroad, has shown that loans + are effected upon much better terms upon long time than when they are + reimbursable at short dates. +</p> +<p> + Necessary as this measure is to sustain the honor and the interests of + the country engaged in a foreign war, it is not doubted but that + Congress will promptly authorize it. +</p> +<p> + The balance in the Treasury on the 1st July last exceeded $9,000,000, + notwithstanding considerable expenditures had been made for the war + during the months of May and June preceding. But for the war the whole + public debt could and would have been extinguished within a short + period; and it was a part of my settled policy to do so, and thus + relieve the people from its burden and place the Government in a + position which would enable it to reduce the public expenditures to that + economical standard which is most consistent with the general welfare + and the pure and wholesome progress of our institutions. +</p> +<p> + Among our just causes of complaint against Mexico arising out of her + refusal to treat for peace, as well before as since the war so unjustly + commenced on her part, are the extraordinary expenditures in which we + have been involved. Justice to our own people will make it proper that + Mexico should be held responsible for these expenditures. +</p> +<p> + Economy in the public expenditures is at all times a high duty which all + public functionaries of the Government owe to the people. This duty + becomes the more imperative in a period of war, when large and + extraordinary expenditures become unavoidable. During the existence of + the war with Mexico all our resources should be husbanded, and no + appropriations made except such as are absolutely necessary for its + vigorous prosecution and the due administration of the Government. + Objects of appropriation which in peace may be deemed useful or proper, + but which are not indispensable for the public service, may when the + country is engaged in a foreign war be well postponed to a future + period. By the observance of this policy at your present session large + amounts may be saved to the Treasury and be applied to objects of + pressing and urgent necessity, and thus the creation of a corresponding + amount of public debt may be avoided. +</p> +<p> + It is not meant to recommend that the ordinary and necessary + appropriations for the support of Government should be withheld; but it + is well known that at every session of Congress appropriations are + proposed for numerous objects which may or may not be made without + materially affecting the public interests, and these it is recommended + should not be granted. +</p> +<p> + The act passed at your last session "reducing the duties on imports" not + having gone into operation until the 1st of the present month, there has + not been time for its practical effect upon the revenue and the business + of the country to be developed. It is not doubted, however, that the + just policy which it adopts will add largely to our foreign trade and + promote the general prosperity. Although it can not be certainly + foreseen what amount of revenue it will yield, it is estimated that it + will exceed that produced by the act of 1842, which it superseded. The + leading principles established by it are to levy the taxes with a view + to raise revenue and to impose them upon the articles imported according + to their actual value. +</p> +<p> + The act of 1842, by the excessive rates of duty which it imposed on many + articles, either totally excluded them from importation or greatly + reduced the amount imported, and thus diminished instead of producing + revenue. By it the taxes were imposed not for the legitimate purpose of + raising revenue, but to afford advantages to favored classes at the + expense of a large majority of their fellow-citizens. Those employed in + agriculture, mechanical pursuits, commerce, and navigation were + compelled to contribute from their substance to swell the profits and + overgrown wealth of the comparatively few who had invested their capital + in manufactures. The taxes were not levied in proportion to the value of + the articles upon which they were imposed, but, widely departing from + this just rule, the lighter taxes were in many cases levied upon + articles of luxury and high price and the heavier taxes on those of + necessity and low price, consumed by the great mass of the people. It + was a system the inevitable effect of which was to relieve favored + classes and the wealthy few from contributing their just proportion for + the support of Government, and to lay the burden on the labor of the + many engaged in other pursuits than manufactures. +</p> +<p> + A system so unequal and unjust has been superseded by the existing + law, which imposes duties not for the benefit or injury of classes or + pursuits, but distributes and, as far as practicable, equalizes the + public burdens among all classes and occupations. The favored classes + who under the unequal and unjust system which has been repealed have + heretofore realized large profits, and many of them amassed large + fortunes at the expense of the many who have been made tributary to + them, will have no reason to complain if they shall be required to + bear their just proportion of the taxes necessary for the support of + Government. So far from it, it will be perceived by an examination of + the existing law that discriminations in the rates of duty imposed + within the revenue principle have been retained in their favor. The + incidental aid against foreign competition which they still enjoy gives + them an advantage which no other pursuits possess, but of this none + others will complain, because the duties levied are necessary for + revenue. These revenue duties, including freights and charges, which + the importer must pay before he can come in competition with the home + manufacturer in our markets, amount on nearly all our leading branches + of manufacture to more than one-third of the value of the imported + article, and in some cases to almost one-half its value. With such + advantages it is not doubted that our domestic manufacturers will + continue to prosper, realizing in well-conducted establishments even + greater profits than can be derived from any other regular business. + Indeed, so far from requiring the protection of even incidental revenue + duties, our manufacturers in several leading branches are extending + their business, giving evidence of great ingenuity and skill and of + their ability to compete, with increased prospect of success, for the + open market of the world. Domestic manufactures to the value of several + millions of dollars, which can not find a market at home, are annually + exported to foreign countries. With such rates of duty as those + established by the existing law the system will probably be permanent, + and capitalists who are made or shall hereafter make their investments + in manufactures will know upon what to rely. The country will be + satisfied with these rates, because the advantages which the + manufacturers still enjoy result necessarily from the collection of + revenue for the support of Government. High protective duties, from + their unjust operation upon the masses of the people, can not fail to + give rise to extensive dissatisfaction and complaint and to constant + efforts to change or repeal them, rendering all investments in + manufactures uncertain and precarious. Lower and more permanent rates of + duty, at the same time that they will yield to the manufacturer fair and + remunerating profits, will secure him against the danger of frequent + changes in the system, which can not fail to ruinously affect his + interests. +</p> +<p> + Simultaneously with the relaxation of the restrictive policy by the + United States, Great Britain, from whose example we derived the system, + has relaxed hers. She has modified her corn laws and reduced many other + duties to moderate revenue rates. After ages of experience the statesmen + of that country have been constrained by a stern necessity and by a + public opinion having its deep foundation in the sufferings and wants of + impoverished millions to abandon a system the effect of which was to + build up immense fortunes in the hands of the few and to reduce the + laboring millions to pauperism and misery. Nearly in the same ratio that + labor was depressed capital was increased and concentrated by the + British protective policy. +</p> +<p> + The evils of the system in Great Britain were at length rendered + intolerable, and it has been abandoned, but not without a severe + struggle on the part of the protected and favored classes to retain the + unjust advantages which they have so long enjoyed. It was to be expected + that a similar struggle would be made by the same classes in the United + States whenever an attempt was made to modify or abolish the same unjust + system here. The protective policy had been in operation in the United + States for a much shorter period, and its pernicious effects were not, + therefore, so clearly perceived and felt. Enough, however, was known of + these effects to induce its repeal. +</p> +<p> + It would be strange if in the face of the example of <i>Great Britain</i>, + our principal foreign customer, and of the evils of a system rendered + manifest in that country by long and painful experience, and in the face + of the immense advantages which under a more liberal commercial policy + we are already deriving, and must continue to derive, by supplying her + starving population with food, the United States should restore a policy + which she has been compelled to abandon, and thus diminish her ability + to purchase from us the food and other articles which she so much needs + and we so much desire to sell. By the simultaneous abandonment of the + protective policy by Great Britain and the United States new and + important markets have already been opened for our agricultural and + other products, commerce and navigation have received a new impulse, + labor and trade have been released from the artificial trammels which + have so long fettered them, and to a great extent reciprocity in the + exchange of commodities has been introduced at the same time by both + countries, and greatly for the benefit of both. Great Britain has been + forced by the pressure of circumstances at home to abandon a policy + which has been upheld for ages, and to open her markets for our immense + surplus of breadstuffs, and it is confidently believed that other powers + of Europe will ultimately see the wisdom, if they be not compelled by + the pauperism and sufferings of their crowded population, to pursue a + similar policy. +</p> +<p> + Our farmers are more deeply interested in maintaining the just and + liberal policy of the existing law than any other class of our citizens. + They constitute a large majority of our population, and it is well known + that when they prosper all other pursuits prosper also. They have + heretofore not only received none of the bounties or favors of + Government, but by the unequal operations of the protective policy have + been made by the burdens of taxation which it imposed to contribute to + the bounties which have enriched others. +</p> +<p> + When a foreign as well as a home market is opened to them, they must + receive, as they are now receiving, increased prices for their products. + They will find a readier sale, and at better prices, for their wheat, + flour, rice, Indian corn, beef, pork, lard, butter, cheese, and other + articles which they produce. The home market alone is inadequate to + enable them to dispose of the immense surplus of food and other articles + which they are capable of producing, even at the most reduced prices, + for the manifest reason that they can not be consumed in the country. + The United States can from their immense surplus supply not only the + home demand, but the deficiencies of food required by the whole world. +</p> +<p> + That the reduced production of some of the chief articles of food in + Great Britain and other parts of Europe may have contributed to increase + the demand for our breadstuffs and provisions is not doubted, but that + the great and efficient cause of this increased demand and of increased + prices consists in the removal of artificial restrictions heretofore + imposed is deemed to be equally certain. That our exports of food, + already increased and increasing beyond former example under the more + liberal policy which has been adopted, will be still vastly enlarged + unless they be checked or prevented by a restoration of the protective + policy can not be doubted. That our commercial and navigating interests + will be enlarged in a corresponding ratio with the increase of our trade + is equally certain, while our manufacturing interests will still be the + favored interests of the country and receive the incidental protection + afforded them by revenue duties; and more than this they can not justly + demand. +</p> +<p> + In my annual message of December last a tariff of revenue duties based + upon the principles of the existing law was recommended, and I have seen + no reason to change the opinions then expressed. In view of the probable + beneficial effects of that law, I recommend that the policy established + by it be maintained. It has but just commenced to operate, and to + abandon or modify it without giving it a fair trial would be inexpedient + and unwise. Should defects in any of its details be ascertained by + actual experience to exist, these may be hereafter corrected; but until + such defects shall become manifest the act should be fairly tested. +</p> +<p> + It is submitted for your consideration whether it may not be proper, as + a war measure, to impose revenue duties on some of the articles now + embraced in the free list. Should it be deemed proper to impose such + duties with a view to raise revenue to meet the expenses of the war with + Mexico or to avoid to that extent the creation of a public debt, they + may be repealed when the emergency which gave rise to them shall cease + to exist, and constitute no part of the permanent policy of the country. +</p> +<p> + The act of the 6th of August last, "to provide for the better + organization of the Treasury and for the collection, safe-keeping, + transfer, and disbursement of the public revenue," has been carried into + execution as rapidly as the delay necessarily arising out of the + appointment of new officers, taking and approving their bonds, and + preparing and securing proper places for the safe-keeping of the public + money would permit. It is not proposed to depart in any respect from the + principles or policy on which this great measure is founded. There are, + however, defects in the details of the measure, developed by its + practical operation, which are fully set forth in the report of the + Secretary of the Treasury, to which the attention of Congress is + invited. These defects would impair to some extent the successful + operation of the law at all times, but are especially embarrassing when + the country is engaged in a war, when the expenditures are greatly + increased, when loans are to be effected and the disbursements are to be + made at points many hundred miles distant, in some cases, from any + depository, and a large portion of them in a foreign country. The + modifications suggested in the report of the Secretary of the Treasury + are recommended to your favorable consideration. +</p> +<p> + In connection with this subject I invite your attention to the + importance of establishing a branch of the Mint of the United States at + New York. Two-thirds of the revenue derived from customs being collected + at that point, the demand for specie to pay the duties will be large, + and a branch mint where foreign coin and bullion could be immediately + converted into American coin would greatly facilitate the transaction of + the public business, enlarge the circulation of gold and silver, and be + at the same time a safe depository of the public money. +</p> +<p> + The importance of graduating and reducing the price of such of the + public lands as have been long offered in the market at the minimum rate + authorized by existing laws, and remain unsold, induces me again to + recommend the subject to your favorable consideration. Many millions of + acres of these lands have been offered in the market for more than + thirty years and larger quantities for more than ten or twenty years, + and, being of an inferior quality, they must remain unsalable for an + indefinite period unless the price at which they may be purchased shall + be reduced. To place a price upon them above their real value is not + only to prevent their sale, and thereby deprive the Treasury of any + income from that source, but is unjust to the States in which they lie, + because it retards their growth and increase of population, and because + they have no power to levy a tax upon them as upon other lands within + their limits, held by other proprietors than the United States, for the + support of their local governments. +</p> +<p> + The beneficial effects of the graduation principle have been realized by + some of the States owning the lands within their limits in which it has + been adopted. They have been demonstrated also by the United States + acting as the trustee of the Chickasaw tribe of Indians in the sale of + their lands lying within the States of Mississippi and Alabama. The + Chickasaw lands, which would not command in the market the minimum price + established by the laws of the United States for the sale of their + lands, were, in pursuance of the treaty of 1834 with that tribe, + subsequently offered for sale at graduated and reduced rates for limited + periods. The result was that large quantities of these lands were + purchased which would otherwise have remained unsold. The lands were + disposed of at their real value, and many persons of limited means were + enabled to purchase small tracts, upon which they have settled with + their families. That similar results would be produced by the adoption + of the graduation policy by the United States in all the States in which + they are the owners of large bodies of lands which have been long in the + market can not be doubted. It can not be a sound policy to withhold + large quantities of the public lands from the use and occupation of our + citizens by fixing upon them prices which experience has shown they will + not command. On the contrary, it is a wise policy to afford facilities + to our citizens to become the owners at low and moderate rates of + freeholds of their own instead of being the tenants and dependents of + others. If it be apprehended that these lands if reduced in price would + be secured in large quantities by speculators or capitalists, the sales + may be restricted in limited quantities to actual settlers or persons + purchasing for purposes of cultivation. +</p> +<p> + In my last annual message I submitted for the consideration of Congress + the present system of managing the mineral lands of the United States, + and recommended that they should be brought into market and sold upon + such terms and under such restrictions as Congress might prescribe. By + the act of the 11th of July last "the reserved lead mines and contiguous + lands in the States of Illinois and Arkansas and Territories of + Wisconsin and Iowa" were authorized to be sold. The act is confined in + its operation to "lead mines and contiguous lands." A large portion of + the public lands, containing copper and other ores, is represented to be + very valuable, and I recommend that provision be made authorizing the + sale of these lands upon such terms and conditions as from their + supposed value may in the judgment of Congress be deemed advisable, + having due regard to the interests of such of our citizens as may be + located upon them. +</p> +<p> + It will be important during your present session to establish a + Territorial government and to extend the jurisdiction and laws of the + United States over the Territory of Oregon. Our laws regulating trade + and intercourse with the Indian tribes east of the Rocky Mountains + should be extended to the Pacific Ocean; and for the purpose of + executing them and preserving friendly relations with the Indian tribes + within our limits, an additional number of Indian agencies will be + required, and should be authorized by law. The establishment of + custom-houses and of post-offices and post-roads and provision for the + transportation of the mail on such routes as the public convenience will + suggest require legislative authority. It will be proper also to + establish a surveyor-general's office in that Territory and to make the + necessary provision for surveying the public lands and bringing them + into market. As our citizens who now reside in that distant region have + been subjected to many hardships, privations, and sacrifices in their + emigration, and by their improvements have enhanced the value of the + public lands in the neighborhood of their settlements, it is recommended + that liberal grants be made to them of such portions of these lands as + they may occupy, and that similar grants or rights of preemption be made + to all who may emigrate thither within a limited period, prescribed by + law. +</p> +<p> + The report of the Secretary of War contains detailed information + relative to the several branches of the public service connected with + that Department. The operations of the Army have been of a satisfactory + and highly gratifying character. I recommend to your early and favorable + consideration the measures proposed by the Secretary of War for speedily + filling up the rank and file of the Regular Army, for its greater + efficiency in the field, and for raising an additional force to serve + during the war with Mexico. +</p> +<p> + Embarrassment is likely to arise for want of legal provision authorizing + compensation to be made to the agents employed in the several States and + Territories to pay the Revolutionary and other pensioners the amounts + allowed them by law. Your attention is invited to the recommendations + of the Secretary of War on this subject. These agents incur heavy + responsibilities and perform important duties, and no reason exists why + they should not be placed on the same footing as to compensation with + other disbursing officers. +</p> +<p> + Our relations with the various Indian tribes continue to be of a pacific + character. The unhappy dissensions which have existed among the + Cherokees for many years past have been healed. Since my last annual + message important treaties have been negotiated with some of the tribes, + by which the Indian title to large tracts of valuable land within the + limits of the States and Territories has been extinguished and + arrangements made for removing them to the country west of the + Mississippi. Between 3,000 and 4,000 of different tribes have been + removed to the country provided for them by treaty stipulations, and + arrangements have been made for others to follow. +</p> +<p> + In our intercourse with the several tribes particular attention has been + given to the important subject of education. The number of schools + established among them has been increased, and additional means provided + not only for teaching them the rudiments of education, but of + instructing them in agriculture and the mechanic arts. +</p> +<p> + I refer you to the report of the Secretary of the Navy for a + satisfactory view of the operations of the Department under his charge + during the past year. It is gratifying to perceive that while the war + with Mexico has rendered it necessary to employ an unusual number of our + armed vessels on her coasts, the protection due to our commerce in other + quarters of the world has not proved insufficient. No means will be + spared to give efficiency to the naval service in the prosecution of the + war; and I am happy to know that the officers and men anxiously desire + to devote themselves to the service of their country in any enterprise, + however difficult of execution. +</p> +<p> + I recommend to your favorable consideration the proposition to add to + each of our foreign squadrons an efficient sea steamer, and, as + especially demanding attention, the establishment at Pensacola of the + necessary means of repairing and refitting the vessels of the Navy + employed in the Gulf of Mexico. +</p> +<p> + There are other suggestions in the report which deserve and I doubt not + will receive your consideration. +</p> +<p> + The progress and condition of the mail service for the past year are + fully presented in the report of the Postmaster-General. The revenue for + the year ending on the 30th of June last amounted to $3,487,199, which + is $802,642.45 less than that of the preceding year. The payments for + that Department during the same time amounted to $4,084,297.22. Of this + sum $597,097.80 have been drawn from the Treasury. The disbursements for + the year were $236,434.77 less than those of the preceding year. While + the disbursements have been thus diminished, the mail facilities have + been enlarged by new mail routes of 5,739 miles, an increase of + transportation of 1,764,145 miles, and the establishment of 418 new + post-offices. Contractors, postmasters, and others engaged in this + branch of the service have performed their duties with energy and + faithfulness deserving commendation. For many interesting details + connected with the operations of this establishment you are referred to + the report of the Postmaster-General, and his suggestions for improving + its revenues are recommended to your favorable consideration. I repeat + the opinion expressed in my last annual message that the business of + this Department should be so regulated chat the revenues derived from it + should be made to equal the expenditures, and it is believed that this + may be done by proper modifications of the present laws, as suggested in + the report of the Postmaster-General, without changing the present rates + of postage. +</p> +<p> + With full reliance upon the wisdom and patriotism of your deliberations, + it, will be my duty, as it will be my anxious desire, to cooperate with + you in every constitutional effort to promote the welfare and maintain + the honor of our common country. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<a name="2H_4_0010"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 14, 1846</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for their consideration and advice with regard + to its ratification, a convention for the mutual surrender of criminals + between the United States and the Swiss Confederation, signed by their + respective plenipotentiaries on the 15th of September last at Paris. +</p> +<p> + I transmit also a copy of a dispatch from the plenipotentiary of the + United States, with the accompanying documents. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 22, 1846</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with the request contained in the resolution of the House + of Representatives of the 15th instant, I communicate herewith reports + from the Secretary of War and the Secretary of the Navy, with the + documents which accompany them. +</p> +<p> + These documents contain all the "orders or instructions" to any + military, naval, or other officer of the Government "in relation to the + establishment or organization of civil government in any portion of the + territory of Mexico which has or might be taken possession of by the + Army or Navy of the United States." +</p> +<p> + These orders and instructions were given to regulate the exercise of the + rights of a belligerent engaged in actual war over such portions of the + territory of our enemy as by military conquest might be "taken + possession of" and be occupied by our armed forces—rights necessarily + resulting from a state of war and clearly recognized by the laws of + nations. This was all the authority which could be delegated to our + military and naval commanders, and its exercise was indispensable to the + secure occupation and possession of territory of the enemy which might + be conquered. The regulations authorized were temporary, and dependent + on the rights acquired by conquest. They were authorized as belligerent + rights, and were to be carried into effect by military or naval + officers. They were but the amelioration of martial law, which modern + civilization requires, and were due as well to the security of the + conquest as to the inhabitants of the conquered territory. +</p> +<p> + The documents communicated also contain the reports of several highly + meritorious officers of our Army and Navy who have conquered and taken + possession of portions of the enemy's territory. +</p> +<p> + Among the documents accompanying the report of the Secretary of War will + be found a "form of government" "established and organized" by the + military commander who conquered and occupied with his forces the + Territory of New Mexico. This document was received at the War + Department in the latter part of the last month, and, as will be + perceived by the report of the Secretary of War, was not, for the + reasons stated by that officer, brought to my notice until after my + annual message of the 8th instant was communicated to Congress. +</p> +<p> + It is declared on its face to be a "temporary government of the said + Territory," but there are portions of it which purport to "establish and + organize" a permanent Territorial government of the United States over + the Territory and to impart to its inhabitants political rights which + under the Constitution of the United States can be enjoyed permanently + only by citizens of the United States. These have not been "approved and + recognized" by me. Such organized regulations as have been established + in any of the conquered territories for the security of our conquest, + for the preservation of order, for the protection of the rights of the + inhabitants, and for depriving the enemy of the advantages of these + territories while the military possession of them by the forces of the + United States continues will be recognized and approved. +</p> +<p> + It will be apparent from the reports of the officers who have been + required by the success which has crowned their arms to exercise the + powers of temporary government over the conquered territories that if + any excess of power has been exercised the departure has been the + offspring of a patriotic desire to give to the inhabitants the + privileges and immunities so cherished by the people of our own country, + and which they believed calculated to improve their condition and + promote their prosperity. Any such excess has resulted in no practical + injury, but can and will be early corrected in a manner to alienate as + little as possible the good feelings of the inhabitants of the conquered + territory. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 29, 1846</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + In order to prosecute the war against Mexico with vigor and success, + it is necessary that authority should be promptly given by Congress + to increase the Regular Army and to remedy existing defects in its + organization. With this view your favorable attention is invited to the + annual report of the Secretary of War, which accompanied my message of + the 8th instant, in which he recommends that ten additional regiments + of regular troops shall be raised, to serve during the war. +</p> +<p> + Of the additional regiments of volunteers which have been called for + from several of the States, some have been promptly raised; but this + has not been the case in regard to all. The existing law, requiring + that they should be organized by the independent action of the State + governments, has in some instances occasioned considerable delay, and it + is yet uncertain when the troops required can be ready for service in + the field. +</p> +<p> + It is our settled policy to maintain in time of peace as small a Regular + Army as the exigencies of the public service will permit. In a state of + war, notwithstanding the great advantage with which our volunteer + citizen soldiers can be brought into the field, this small Regular Army + must be increased in its numbers in order to render the whole force more + efficient. +</p> +<p> + Additional officers as well as men then become indispensable. Under the + circumstances of our service a peculiar propriety exists for increasing + the officers, especially in the higher grades. The number of such + officers who from age and other causes are rendered incapable of active + service in the field has seriously impaired the efficiency of the Army. +</p> +<p> + From the report of the Secretary of War it appears that about two-thirds + of the whole number of regimental field officers are either permanently + disabled or are necessarily detached from their commands on other + duties. The long enjoyment of peace has prevented us from experiencing + much embarrassment from this cause, but now, in a state of war, + conducted in a foreign country, it has produced serious injury to the + public service. +</p> +<p> + An efficient organization of the Army, composed of regulars and + volunteers, whilst prosecuting the war in Mexico, it is believed would + require the appointment of a general officer to take the command of all + our military forces in the field. Upon the conclusion of the war the + services of such an officer would no longer be necessary, and should be + dispensed with upon the reduction of the Army to a peace establishment. +</p> +<p> + I recommend that provision be made by law for the appointment of such a + general officer to serve during the war. +</p> +<p> + It is respectfully recommended that early action should be had by + Congress upon the suggestions submitted for their consideration, as + necessary to insure active and efficient service in prosecuting the war, + before the present favorable season for military operations in the + enemy's country shall have passed away. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 4, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Postmaster-General, which + contains the information called for by the resolution of the Senate of + the 16th instant, in relation to the means which have been taken for the + transmission of letters and papers to and from the officers and soldiers + now in the service of the United States in Mexico. In answer to the + inquiry whether any legislation is necessary to secure the speedy + transmission and delivery of such letters and papers, I refer you to the + suggestions of the Postmaster-General, which are recommended to your + favorable consideration. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 11, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 22d ultimo, calling for + information relative to the negotiation of the treaty of commerce with + the Republic of New Granada signed on the 20th of December, 1844, I + transmit a report from the Secretary of State and the documents by which + it was accompanied. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 19, 1847</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, with the + accompanying report from the Adjutant-General of the Army, made in + compliance with the resolution of the House of Representatives of the + 5th instant, requesting the President to communicate to the House "the + whole number of volunteers which have been mustered into the service of + the United States since the 1st day of May last, designating the number + mustered for three months, six months, and twelve months; the number of + those who have been discharged before they served two months, number + discharged after two months' service, and the number of volunteer + officers who have resigned, and the dates of their resignations." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 20, 1847</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a letter received from the president of the + convention of delegates of the people of Wisconsin, transmitting a + certified copy of the constitution adopted by the delegates of the + people of Wisconsin in convention assembled, also a copy of the act of + the legislature of the Territory of Wisconsin providing for the calling + of said convention, and also a copy of the last census, showing the + number of inhabitants in said Territory, requesting the President to + "lay the same before the Congress of the United States with the request + that Congress act upon the same at its present session." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 25, 1847</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of the Treasury, + accompanied by a statement of the Register of the Treasury prepared in + compliance with a resolution of the House of Representatives of the 7th + instant, requesting the President "to furnish the House with a statement + showing the whole amount allowed and paid at the Treasury during the + year ending 30th June, 1846, for postages of the Executive Departments + of the Government and for the several officers and persons authorized by + the act approved 3d March, 1846, to send or receive matter through the + mails free, including the amount allowed or allowable, if charged in the + postages of any officers or agents, military, naval, or civil, employed + in or by any of said Departments." It will be perceived that said + statement is as full and accurate as can be made during the present + session of Congress. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 29, 1847</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, together with + reports of the Adjutant-General and Paymaster-General of the Army, in + answer to a resolution of the House of Representatives of the 20th + instant, requesting the President to communicate to the House "whether + any, and, if any, which, of the Representatives named in the list + annexed have held any office or offices under the United States since + the commencement of the Twenty-ninth Congress, designating the office or + offices held by each, and whether the same are now so held, and + including in said information the names of all who are now serving in + the Army of the United States as officers and receiving pay as such, and + when and by whom they were commissioned." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 3, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith reports of the Secretary of War and the Secretary + of the Treasury, with accompanying documents, in answer to a resolution + of the Senate "requesting the President to inform the Senate whether any + funds of the Government, and, if any, what amount, have been remitted + from the Atlantic States to New Orleans or to the disbursing officers of + the American Army in Mexico since the 1st of September last, and, if any + remitted, in what funds remitted, whether in gold or silver coin, + Treasury notes, bank notes, or bank checks, and, if in whole or in part + remitted in gold and silver, what has been the expense to the Government + of each of said remittances." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 10, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for their advice with regard to its + ratification, "a general treaty of peace, amity, navigation, and + commerce between the United States of America and the Republic of New + Granada," concluded at Bogota on the 12th December last by Benjamin A. + Bidlack, chargé d'affaires of the United States, on their part, and by + Manuel Maria Mallarino, secretary of state and foreign relations, on the + part of that Republic. +</p> +<p> + It will be perceived by the thirty-fifth article of this treaty that New + Granada proposes to guarantee to the Government and citizens of the + United States the right of passage across the Isthmus of Panama over the + natural roads and over any canal or railroad which may be constructed to + unite the two seas, on condition that the United States shall make a + similar guaranty to New Granada of the neutrality of this portion of her + territory and her sovereignty over the same. +</p> +<p> + The reasons which caused the insertion of this important stipulation in + the treaty will be fully made known to the Senate by the accompanying + documents. From these it will appear that our chargé d'affaires acted in + this particular upon his own responsibility and without instructions. + Under such circumstances it became my duty to decide whether I would + submit the treaty to the Senate, and after mature consideration I have + determined to adopt this course. +</p> +<p> + The importance of this concession to the commercial and political + interests of the United States can not easily be overrated. The route by + the Isthmus of Panama is the shortest between the two oceans, and from + the information herewith communicated it would seem to be the most + practicable for a railroad or canal. +</p> +<p> + The vast advantages to our commerce which would result from such a + communication, not only with the west coast of America, but with Asia + and the islands of the Pacific, are too obvious to require any detail. + Such a passage would relieve us from a long and dangerous navigation of + more than 9,000 miles around Cape Horn and render our communication with + our possessions on the northwest coast of America comparatively easy and + speedy. +</p> +<p> + The communication across the Isthmus has attracted the attention of the + Government of the United States ever since the independence of the South + American Republics. On the 3d of March, 1835, a resolution passed the + Senate in the following words: +</p> +<p class="q"> + <i>Resolved</i>, That the President of the United States be respectfully + requested to consider the expediency of opening negotiations with the + governments of other nations, and particularly with the Governments + of Central America and New Granada, for the purpose of effectually + protecting, by suitable treaty stipulations with them, such individuals + or companies as may undertake to open a communication between the + Atlantic and Pacific oceans by the construction of a ship canal across + the isthmus which connects North and South America, and of securing + forever by such stipulations the free and equal right of navigating such + canal to all nations on the payment of such reasonable tolls as may be + established to compensate the capitalists who may engage in such + undertaking and complete the work. +</p> +<p> + No person can be more deeply sensible than myself of the danger of + entangling alliances with any foreign nation. That we should avoid such + alliances has become a maxim of our policy consecrated by the most + venerated names which adorn our history and sanctioned by the unanimous + voice of the American people. Our own experience has taught us the + wisdom of this maxim in the only instance, that of the guaranty to + France of her American possessions, in which we have ever entered into + such an alliance. If, therefore, the very peculiar circumstances of the + present case do not greatly impair, if not altogether destroy, the force + of this objection, then we ought not to enter into the stipulation, + whatever may be its advantages. The general considerations which have + induced me to transmit the treaty to the Senate for their advice may be + summed up in the following particulars: +</p> +<p> + 1. The treaty does not propose to guarantee a territory to a foreign + nation in which the United States will have no common interest with that + nation. On the contrary, we are more deeply and directly interested in + the subject of this guaranty than New Granada herself or any other + country. +</p> +<p> + 2. The guaranty does not extend to the territories of New Granada + generally, but is confined to the single Province of the Isthmus of + Panama, where we shall acquire by the treaty a common and coextensive + right of passage with herself. +</p> +<p> + 3. It will constitute no alliance for any political object, but for a + purely commercial purpose, in which all the navigating nations of the + world have a common interest. +</p> +<p> + 4. In entering into the mutual guaranties proposed by the thirty-fifth + article of the treaty neither the Government of New Granada nor that of + the United States has any narrow or exclusive views. The ultimate + object, as presented by the Senate of the United States in their + resolution to which I have already referred, is to secure to all nations + the free and equal right of passage over the Isthmus. If the United + States, as the chief of the American nations, should first become a + party to this guaranty, it can not be doubted—indeed, it is confidently + expected by the Government of New Granada—that similar guaranties will + be given to that Republic by Great Britain and France. Should the + proposition thus tendered be rejected we may deprive the United States + of the just influence which its acceptance might secure to them and + confer the glory and benefits of being the first among the nations in + concluding such an arrangement upon the Government either of Great + Britain or France. That either of these Governments would embrace the + offer can not be doubted, because there does not appear to be any other + effectual means of securing to all nations the advantages of this + important passage but the guaranty of great commercial powers that the + Isthmus shall be neutral territory. The interests of the world at stake + are so important that the security of this passage between the two + oceans can not be suffered to depend upon the wars and revolutions which + may arise among different nations. +</p> +<p> + Besides, such a guaranty is almost indispensable to the construction of + a railroad or canal across the territory. Neither sovereign states nor + individuals would expend their capital in the construction of these + expensive works without some such security for their investments. +</p> +<p> + The guaranty of the sovereignty of New Granada over the Isthmus is a + natural consequence of the guaranty of its neutrality, and there does + not seem to be any other practicable mode of securing the neutrality of + this territory. New Granada would not consent to yield up this Province + in order that it might become a neutral state, and if she should it is + not sufficiently populous or wealthy to establish and maintain an + independent sovereignty. But a civil government must exist there in + order to protect the works which shall be constructed. New Granada is + a power which will not excite the jealousy of any nation. If Great + Britain, France, or the United States held the sovereignty over the + Isthmus, other nations might apprehend that in case of war the + Government would close up the passage against the enemy, but no such + fears can ever be entertained in regard to New Granada. +</p> +<p> + This treaty removes the heavy discriminating duties against us in the + ports of New Granada, which have nearly destroyed our commerce and + navigation with that Republic, and which we have been in vain + endeavoring to abolish for the last twenty years. +</p> +<p> + It may be proper also to call the attention of the Senate to the + twenty-fifth article of the treaty, which prohibits privateering in case + of war between the two Republics, and also to the additional article, + which nationalizes all vessels of the parties which "shall be provided + by the respective Governments with a patent issued according to its + laws," and in this particular goes further than any of our former + treaties. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 13, 1847</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + Congress, by the act of the 13th of May last, declared that "by the act + of the Republic of Mexico a state of war exists between that Government + and the United States" and "for the purpose of enabling the Government + of the United States to prosecute said war to a speedy and successful + termination" authority was vested in the President to employ the "naval + and military forces of the United States." +</p> +<p> + It has been my unalterable purpose since the commencement of hostilities + by Mexico and the declaration of the existence of war by Congress to + prosecute the war in which the country was unavoidably involved with the + utmost energy, with a view to its "speedy and successful termination" by + an honorable peace. +</p> +<p> + Accordingly all the operations of our naval and military forces have + been directed with this view. While the sword has been held in one hand + and our military movements pressed forward into the enemy's country and + its coasts invested by our Navy, the tender of an honorable peace has + been constantly presented to Mexico in the other. +</p> +<p> + Hitherto the overtures of peace which have been made by this Government + have not been accepted by Mexico. With a view to avoid a protracted war, + which hesitancy and delay on our part would be so well calculated to + produce, I informed you in my annual message of the 8th December last + that the war would "continue to be prosecuted with vigor, as the best + means of securing peace," and recommended to your early and favorable + consideration the measures proposed by the Secretary of War in his + report accompanying that message. +</p> +<p> + In my message of the 4th January last these and other measures deemed to + be essential to the "speedy and successful termination" of the war and + the attainment of a just and honorable peace were recommended to your + early and favorable consideration. +</p> +<p> + The worst state of things which could exist in a war with such a power + as Mexico would be a course of indecision and inactivity on our part. + Being charged by the Constitution and the laws with the conduct of the + war, I have availed myself of all the means at my command to prosecute + it with energy and vigor. +</p> +<p> + The act "to raise for a limited time an additional military force, and + for other purposes," and which authorizes the raising of ten additional + regiments to the Regular Army, to serve during the war and to be + disbanded at its termination, which was presented to me on the 11th + instant and approved on that day, will constitute an important part of + our military force. These regiments will be raised and moved to the seat + of war with the least practicable delay. +</p> +<p> + It will be perceived that this act makes no provision for the + organization into brigades and divisions of the increased force which it + authorizes, nor for the appointment of general officers to command it. + It will be proper that authority be given by law to make such + organization, and to appoint, by and with the advice and consent of the + Senate, such number of major-generals and brigadier-generals as the + efficiency of the service may demand. The number of officers of these + grades now in service are not more than are required for their + respective commands; but further legislative action during your present + session will, in my judgment, be required, and to which it is my duty + respectfully to invite your attention. +</p> +<p> + Should the war, contrary to my earnest desire, be protracted to the + close of the term of service of the volunteers now in Mexico, who + engaged for twelve months, an additional volunteer force will probably + become necessary to supply their place. Many of the volunteers now + serving in Mexico, it is not doubted, will cheerfully engage at the + conclusion of their present term to serve during the war. They would + constitute a more efficient force than could be speedily obtained by + accepting the services of any new corps who might offer their services. + They would have the advantage of the experience and discipline of a + year's service, and will have become accustomed to the climate and be + in less danger than new levies of suffering from the diseases of the + country. I recommend, therefore, that authority be given to accept the + services of such of the volunteers now in Mexico as the state of the + public service may require, and who may at the termination of their + present term voluntarily engage to serve during the war with Mexico, + and that provision be made for commissioning the officers. Should + this measure receive the favorable consideration of Congress, it is + recommended that a bounty be granted to them upon their voluntarily + extending their term of service. This would not only be due to these + gallant men, but it would be economy to the Government, because if + discharged at the end of the twelve months the Government would be bound + to incur a heavy expense in bringing them back to their homes and in + sending to the seat of war new corps of fresh troops to supply their + place. +</p> +<p> + By the act of the 13th of May last the President was authorized to + accept the services of volunteers "in companies, battalions, squadrons, + and regiments," but no provision was made for filling up vacancies which + might occur by death or discharges from the service on account of + sickness or other casualties. In consequence of this omission many of + the corps now in service have been much reduced in numbers. Nor was any + provision made for filling vacancies of regimental or company officers + who might die or resign. Information has been received at the War + Department of the resignation of more than 100 of these officers. They + were appointed by the State authorities, and no information has been + received except in a few instances that their places have been filled; + and the efficiency of the service has been impaired from this cause. To + remedy these defects, I recommend that authority be given to accept the + services of individual volunteers to fill up the places of such as may + die or become unfit for the service and be discharged, and that + provision be also made for filling the places of regimental and company + officers who may die or resign. By such provisions the volunteer corps + may be constantly kept full or may approximate the maximum number + authorized and called into service in the first instance. +</p> +<p> + While it is deemed to be our true policy to prosecute the war in the + manner indicated, and thus make the enemy feel its pressure and its + evils, I shall be at all times ready, with the authority conferred on + me by the Constitution and with all the means which may be placed at + my command by Congress, to conclude a just and honorable peace. +</p> +<p> + Of equal importance with an energetic and vigorous prosecution of the + war are the means required to defray its expenses and to uphold and + maintain the public credit. +</p> +<p> + In my annual message of the 8th December last I submitted for the + consideration of Congress the propriety of imposing, as a war measure, + revenue duties on some of the articles now embraced in the free list. + The principal articles now exempt from duty from which any considerable + revenue could be derived are tea and coffee. A moderate revenue duty on + these articles it is estimated would produce annually an amount + exceeding $2,500,000. Though in a period of peace, when ample means + could be derived from duties on other articles for the support of the + Government, it may have been deemed proper not to resort to a duty on + these articles, yet when the country is engaged in a foreign war and all + our resources are demanded to meet the unavoidable increased expenditure + in maintaining our armies in the field no sound reason is perceived why + we should not avail ourselves of the revenues which may be derived from + this source. The objections which have heretofore existed to the + imposition of these duties were applicable to a state of peace, when + they were not needed. We are now, however, engaged in a foreign war. We + need money to prosecute it and to maintain the public honor and credit. + It can not be doubted that the patriotic people of the United States + would cheerfully and without complaint submit to the payment of this + additional duty or any other that may be necessary to maintain the honor + of the country, provide for the unavoidable expenses of the Government, + and to uphold the public credit. It is recommended that any duties which + may be imposed on these articles be limited in their duration to the + period of the war. +</p> +<p> + An additional annual revenue, it is estimated, of between half a million + and a million of dollars would be derived from the graduation and + reduction of the price of such of the public lands as have been long + offered in the market at the minimum price established by the existing + laws and have remained unsold. And in addition to other reasons + commending the measure to favorable consideration, it is recommended as + a financial measure. The duty suggested on tea and coffee and the + graduation and reduction of the price of the public lands would secure + an additional annual revenue to the Treasury of not less than + $3,000,000, and would thereby prevent the necessity of incurring a + public debt annually to that amount, the interest on which must be paid + semiannually, and ultimately the debt itself by a tax on the people. +</p> +<p> + It is a sound policy and one which has long been approved by the + Government and people of the United States never to resort to loans + unless in cases of great public emergency, and then only for the + smallest amount which the public necessities will permit. +</p> +<p> + The increased revenues which the measures now recommended would produce + would, moreover, enable the Government to negotiate a loan for any + additional sum which may be found to be needed with more facility and at + cheaper rates than can be done without them. +</p> +<p> + Under the injunction of the Constitution which makes it my duty "from + time to time to give to Congress information of the state of the Union + and to recommend to their consideration such measures" as shall be + judged "necessary and expedient," I respectfully and earnestly invite + the action of Congress on the measures herein presented for their + consideration. The public good, as well as a sense of my responsibility + to our common constituents, in my judgment imperiously demands that I + should present them for your enlightened consideration and invoke + favorable action upon them before the close of your present session. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 13, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I nominate the officers named in the accompanying communication for + regular promotion in the Army of the United States, as proposed by the + Secretary of War. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington, February 13, 1847</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: I have the honor respectfully to propose for your approbation the + following-named captains<a href="#note-10"><small>10</small></a> for promotion to the rank of major in the + existing regiments of the Army, in conformity with the third section of + the act approved February 11, 1847, which authorizes one additional + major to each of the regiments of dragoons, artillery, infantry, and + riflemen. +</p> +<p> + The promotions are all regular with one exception, that of Captain + Washington Seawell, of the Seventh Infantry, instead of Captain Edgar + Hawkins, of the same regiment, who stands at the head of the list of his + grade in the infantry arm. Captain Hawkins, who distinguished himself in + the defense of Fort Brown, is passed over on the ground of mental + alienation, it being officially reported that he is "insane," on which + account he was recently sent from the Army in Mexico. He is now in New + York, and is reported to be "unable to perform any duty." An officer + just returned from the Army in Mexico, and who had recently served with + Captain Hawkins, informed the Adjutant-General that he was quite + deranged, but that he had hopes of his recovery, as the malady was + probably caused by sickness. Should these hopes be realized at some + future day, Captain Hawkins will then of course be promoted without loss + of rank; meanwhile I respectfully recommend that he be passed over, as + the declared object of these additional majors (as set forth in the + Adjutant-General's report to this Department of the 30th of July last) + was to insure the presence of an adequate number of <i>efficient</i> field + officers for duty with the marching regiments, which object would be + neutralized in part should Captain Hawkins now receive the appointment. +</p> +<p> + I am, sir, with great respect, your obedient servant, +</p> +<p class="r"> + W.L. MARCY +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of State, with the + accompanying documents, in answer to a resolution of the Senate of the + 2d instant, requesting the President to communicate such information in + possession of the Executive Departments in relation to the importation + of foreign criminals and paupers as he may deem consistent with the + public interests to communicate. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 26, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I nominate the persons named in the accompanying list<a href="#note-11"><small>11</small></a> of promotions + and appointments in the Army of the United States to the several grades + annexed to their names, as proposed by the Secretary of War. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, +<br> + <i>February 26, 1847</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: I have the honor respectfully to propose for your approbation the + annexed list<a href="#note-12"><small>12</small></a> of officers for regular promotion and persons for + appointment in the Army of the United States. +</p> +<p> + It having been decided to be just and proper to restore Grafton D. + Hanson, late a lieutenant in the Eighth Infantry, to his former regiment + and rank, whose resignation was accepted in June, 1845, contrary to his + wish, he having in due time recalled the same, it will be seen that he + is reappointed accordingly. I deem it proper to state that the vacancy + of first lieutenant in the Eighth Infantry, now proposed to be filled by + Mr. Hanson's restoration and reappointment, has been occasioned by the + appointment of the senior captain of the regiment to be major under the + recent act authorizing an additional major to each regiment, being an + original vacancy, and therefore the less reason for any objection in + respect to the general principles and usages of the service, which + guarantee regular promotions to fill vacancies which occur by accident, + etc. +</p> +<p> + I am, sir, with great respect, your obedient servant, +</p> +<p class="r"> + W.L. MARCY. +</p> + +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 26, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I nominate the officers named in the accompanying list<a href="#note-13"><small>13</small></a> for brevet + promotion in the Army of the United States, for gallant conduct in the + actions at Monterey. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, +<br> + <i>February 19, 1847</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: I present to you the following list<a href="#note-14"><small>14</small></a> of officers engaged in the + actions at Monterey, whose distinguished conduct therein entitles them, + in my judgment, to the promotion by brevet. This list has been prepared + after a particular and careful examination of all the documents in this + Department in relation to the military operations at that place. +</p> +<p> + Lieutenant-Colonel Garland and Brevet Lieutenant-Colonel Childs (then a + captain of the line) also behaved in the actions of Monterey in a manner + deserving of particular notice, but as their names are now before the + Senate for colonelcies by brevet, I have not presented them for further + promotion. I am not aware that any officer below the lineal rank of + colonel has ever been made a brigadier-general by brevet. +</p> +<p> + I have the honor to be, very respectfully, your obedient servant, +</p> +<p class="r"> + W.L. MARCY. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 27, 1847</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, with the + accompanying documents, in answer to the resolution of the House of + Representatives of the 1st instant, requesting the President "to + communicate to the House of Representatives all the correspondence with + General Taylor since the commencement of hostilities with Mexico which + has not yet been published, and the publication of which may not be + deemed detrimental to the public service; also the correspondence of the + Quartermaster-General in relation to transportation for General Taylor's + Army; also the reports of Brigadier-Generals Hamer and Quitman of the + operations of their respective brigades on the 21st of September last." +</p> +<p> + As some of these documents relate to military operations of our forces + which may not have been fully executed, I might have deemed it proper to + withhold parts of them under the apprehension that their publication at + this time would be detrimental to the public service; but I am satisfied + that these operations are now so far advanced and that the enemy has + already received so much information from other sources in relation to + the intended movements of our Army as to render this precaution + unnecessary. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 2, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, with the + accompanying documents, in answer to the resolution of the Senate of the + 27th ultimo, requesting to be informed "why the name of Captain + Theophilus H. Holmes was not sent in for brevet promotion amongst the + other officers who distinguished themselves at the military operations + at Monterey." +</p> +<p> + The report of the Secretary of War discloses the reasons for the + omission of the name of Captain Holmes in the list of brevet promotions + in my message of the ____ ultimo. Upon the additional testimony in + Captain Holmes's case which has been received at the War Department, and + to which the Secretary of War refers in his report, I deem it proper to + nominate him for brevet promotion. +</p> +<p> + I therefore nominate Captain Theophilus H. Holmes, of the Seventh + Regiment of Infantry, to be major by brevet from the 23d September, + 1846, in the Army of the United States. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, +<br> + <i>March,1 1847</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: With a special reference to the resolution of the Senate of the + 27th ultimo, requesting to be informed "why the name of Captain + Theophilus H. Holmes was not sent in for brevet promotion amongst the + other officers who distinguished themselves at the military operations + at Monterey," I have again examined the official reports of those + operations. I do not find that Captain Holmes is mentioned in General + Taylor's report, nor in that of any other officer except the report of + Brigadier-General Worth. The following extract from the latter contains + all that is said having relation to the conduct of Captain Holmes: +</p> +<p> + "My thanks are also especially due to Lieutenant-Colonel Stanford, + Eighth, commanding First Brigade; Major Munroe, chief of artillery, + general staff; Brevet Major Brown and Captain J.R. Vinton, artillery + battalion; Captain J.B. Scott, artillery battalion, light troops; Major + Scott (commanding) and Captain Merrill, Fifth; Captain Miles + (commanding), Holmes, and Ross, Seventh Infantry, and Captain Screven, + commanding Eighth Infantry; to Lieutenant-Colonel Walker, captain of + rifles; Major Chevalier and Captain McCulloch, of the Texan, and Captain + Blanchard, of the Louisiana, Volunteers; to Lieutenant Mackall, + commanding battery; Roland, Martin, Hays, Irons, Clark, and Curd, horse + artillery; Lieutenant Longstreet, commanding light company, Eighth; + Lieutenant Ayers, artillery battalion, who was among the first in the + assault upon the place and who secured the colors. Each of the officers + named either headed special detachments, columns of attack, storming + parties, or detached guns, and all were conspicuous for conduct and + courage." +</p> +<p> + It will be perceived that in this list there are twenty-one officers + (besides the medical staff and officers of volunteers) who are highly + commended by General Worth for gallant conduct. That they were justly + entitled to the praise bestowed on them is not doubted; but if I had + recommended all of them to be brevetted, together with all those in the + reports of other generals also in like manner highly commended, the + number of officers in my list submitted for your consideration would + have been probably trebled. Indeed, the whole Army behaved most + gallantly on that occasion. It was deemed proper to discriminate and + select from among the well deserving those who had peculiar claims to + distinction. In making this selection I exercised my best judgment, + regarding the official reports as the authentic source of information. + Six or seven only of the officers named in the foregoing extract from + General Worth's report were placed on the list. A close examination of + the reports will, I think, disclose the ground for the discrimination, + and I hope justify the distinction which I felt it my duty to make. + Without disparagement to Captain Holmes, whose conduct was highly + creditable, it appears to me that a rule of selection which would have + brought him upon the list for promotion by brevet would also have placed + on the same list nearly everyone named with him in General Worth's + report, and many of the reports of other generals not presented in my + report to you of the 19th ultimo. There is not time before the + adjournment of the Senate to make the thorough examination which a due + regard to the relative claims of the gallant officers engaged in the + actions of Monterey would require if the list of brevet promotions is to + be enlarged to this extent. Such enlargement would not accord with my + own views on the subject of bestowing brevet rewards. +</p> +<p> + There are on file other papers relative to Captain Holmes. They were not + written with reference to his brevet promotion, but for an appointment + in the new regiments. Copies of those are herewith transmitted. The + letter of the Hon. W.P. Mangum inclosing the statement from Generals + Twiggs and Smith is dated the 26th, and my report the 19th ultimo, and + was not, consequently, received at this Department until some days after + the list for brevets was made out and presented to you. +</p> +<p> + From the facts and recommendations of the official reports of the + actions at Monterey I should not feel warranted in presenting Captain + Holmes for brevet promotion without at the same time including on the + same list many others not recommended in my report of the 19th ultimo; + but as his conduct fell under the immediate observation of General Smith + (General Twiggs commanded in a different part of the town), it may be + proper to regard their statement, received since my former report was + prepared and handed to you, as additional evidence of his gallantry and + of claims to your particular notice. I therefore recommend him to be + promoted major by brevet. +</p> +<p> + I have the honor to be, very respectfully, your obedient servant, +</p> +<p class="r"> +W.L. MARCY,<br> + <i>Secretary of War</i>. +</p> +<a name="2H_4_0011"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<center> + [From Statutes at Large (Little & Brown), Vol. IX, p. 1001.] +</center> +<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 3d + day of March, 1845, entitled "An act regulating commercial intercourse + within the islands of Miquelon and St. Pierre," it is provided that all + French vessels coming directly from those islands, either in ballast or + laden with articles the growth or manufacture of either of said islands, + and which are permitted to be exported therefrom in American vessels, + may be admitted into the ports of the United States on payment of no + higher duties of tonnage or on their cargoes aforesaid than are imposed + on American vessels and on like cargoes imported in American vessels, + provided that this act shall not take effect until the President of the + United States shall have received satisfactory information that similar + privileges have been allowed to American vessels and their cargoes at + said islands by the Government of France and shall have made + proclamation accordingly; and +</p> +<p> + Whereas satisfactory information has been received by me that similar + privileges have been allowed to American vessels and their cargoes at + said islands by the Government of France: +</p> +<p> + Now, therefore, I, James K. Polk, President of the United States of + America, do hereby declare and proclaim that all French vessels coming + directly from the islands of Miquelon and St. Pierre, either in ballast + or laden with articles the growth or manufacture of either of said + islands, and which are permitted to be exported therefrom in American + vessels, shall from this date be admitted into the ports of the United + States on payment of no higher duties on tonnage or on their cargoes + aforesaid than are imposed on American vessels and on like cargoes + imported in American vessels. +</p> +<p> + Given under my hand, at the city of Washington, the 20th day of April, + A.D. 1847, and of the Independence of the United States the + seventy-first. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<p><br> +By the President:<br> + JAMES BUCHANAN,<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 by an act of the Congress of the United States of the 24th of + May, 1828, entitled "An act in addition to an act entitled 'An act + concerning discriminating duties of tonnage and impost' and to equalize + the duties on Prussian vessels and their cargoes," it is provided that + upon satisfactory evidence being given to the President of the United + States by the government of any foreign nation that no discriminating + duties of tonnage or impost are imposed or levied in the ports of the + said nation upon vessels wholly belonging to citizens of the United + States, or upon the produce, manufactures, or merchandise imported in + the same from the United States or from any foreign country, the + President is thereby authorized to issue his proclamation declaring that + the foreign discriminating duties of tonnage and impost within the + United States are and shall be suspended and discontinued so far as + respects the vessels of the said foreign nation and the produce, + manufactures, or merchandise imported into the United States in the same + from the said foreign nation or from any other foreign country, the said + suspension to take effect from the time of such notification being given + to the President of the United States and to continue so long as the + reciprocal exemption of vessels belonging to citizens of the United + States and their cargoes as aforesaid shall be continued, and no longer; + and +</p> +<p> + Whereas satisfactory evidence has lately been received by me from His + Majesty the Emperor of Brazil, through an official communication of Mr. + Felippe José Pereira Leal, his chargé d'affaires in the United States, + under date of the 25th of October, 1847, that no other or higher duties + of tonnage and impost are imposed or levied in the ports of Brazil upon + vessels wholly belonging to citizens of the United States and upon the + produce, manufactures, or merchandise imported in the same from the + United States and from any foreign country whatever than are levied on + Brazilian ships and their cargoes in the same ports under like + circumstances: +</p> +<p> + Now, therefore, I, James K. Polk, President of the United States of + America, do hereby declare and proclaim that so much of the several acts + imposing discriminating duties of tonnage and impost within the United + States are and shall be suspended and discontinued so far as respects + the vessels of Brazil and the produce, manufactures, and merchandise + imported into the United States in the same from Brazil and from any + other foreign country whatever, the said suspension to take effect from + the day above mentioned and to continue thenceforward so long as the + reciprocal exemption of the vessels of the United States and the + produce, manufactures, and merchandise imported into Brazil in the same + as aforesaid shall be continued on the part of the Government of Brazil. +</p> +<p> + Given under my hand, at the city of Washington, this 4th day of + November, A.D. 1847, and the seventy-second of the Independence of the + United States. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<p><br> +By the President:<br> + JAMES BUCHANAN,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<a name="2H_4_0012"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<p class="r"> + WASHINGTON, <i>March 23, 1847</i>. +</p> +<p> + The SECRETARY OF THE TREASURY. +</p> +<p> + SIR: The Government of Mexico having repeatedly rejected the friendly + overtures of the United States to open negotiations with a view to the + restoration of peace, sound policy and a just regard to the interests of + our own country require that the enemy should be made, as far as + practicable, to bear the expenses of a war of which they are the + authors, and which they obstinately persist in protracting. +</p> +<p> + It is the right of the conqueror to levy contribution upon the enemy in + their seaports, towns, or provinces which may be in his military + possession by conquest and to apply the same to defray the expenses of + the war. The conqueror possesses the right also to establish a temporary + military government over such seaports, towns, or provinces and to + prescribe the conditions and restrictions upon which commerce with such + places may be permitted. He may, in his discretion, exclude all trade, + or admit it with limitation or restriction, or impose terms the + observance of which will be the condition of carrying it on. One of + these conditions may be the payment of a prescribed rate of duties on + tonnage and imports. +</p> +<p> + In the exercise of these unquestioned rights of war, I have, on full + consideration, determined to order that all the ports or places in + Mexico which now are or hereafter may be in the actual possession of our + land and naval forces by conquest shall be opened while our military + occupation may continue to the commerce of all neutral nations, as well + as our own, in articles not contraband of war, upon the payment of + prescribed rates of duties, which will be made known and enforced by our + military and naval commanders. +</p> +<p> + While the adoption of this policy will be to impose a burden on the + enemy, and at the same time to deprive them of the revenue to be derived + from trade at such ports or places, as well as to secure it to + ourselves, whereby the expenses of the war maybe diminished, a just + regard to the general interests of commerce and the obvious advantages + of uniformity in the exercise of these belligerent rights require that + well-considered regulations and restrictions should be prepared for the + guidance of those who may be charged with carrying it into effect. +</p> +<p> + You are therefore instructed to examine the existing Mexican tariff of + duties and report to me a schedule of articles of trade to be admitted + at such ports or places as may be at any time in our military + possession, with such rates of duty on them and also on tonnage as will + be likely to produce the greatest amount of revenue. You will also + communicate the considerations which may recommend the scale of duties + which you may propose, and will submit such regulations as you may deem + advisable in order to enforce their collection. +</p> +<p> + As the levy of the contribution proposed is a military right, derived + from the laws of nations, the collection and disbursement of the duties + will be made, under the orders of the Secretary of War and the Secretary + of the Navy, by the military and naval commanders at the ports or places + in Mexico which may be in possession of our arms. The report requested + is therefore necessary in order to enable me to give the proper + directions to the War and Navy Departments. +</p> +<p class="r"> + JAMES K POLK. +</p> +<p> </p><p> </p> +<p class="r"> + TREASURY DEPARTMENT, <i>March 30, 1847</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: Your instructions of the 23d instant have been received by this + Department, and in conformity thereto I present you herewith, for your + consideration, a scale of duties proposed to be collected as a military + contribution during the war in the ports of Mexico in possession of our + Army or Navy by conquest, with regulations for the ascertainment and + collection of such duties, together with the reasons which appear to me + to recommend their adoption. +</p> +<p> + It is clear that we must either adopt our own tariff or that of Mexico, + or establish a new system of duties. Our own tariff could not be + adopted, because the Mexican exports and imports are so different from + our own that different rates of duties are indispensable in order to + collect the largest revenue. Thus upon many articles produced in great + abundance here duties must be imposed at the lowest rate in order to + collect any revenue, whereas many of the same articles are not produced + in Mexico, or to a very inconsiderable extent, and would therefore bear + there a much higher duty for revenue. A great change is also rendered + necessary by the proposed exaction of duties on all imports to any + Mexican port in our possession from any other Mexican port occupied by + us in the same manner. This measure would largely increase the revenue + which we might collect. It is recommended, however, for reasons of + obvious safety, that this Mexican coastwise trade should be confined to + our own vessels, as well as the interior trade above any port of entry + in our possession, but that in all other respects the ports of Mexico + held by us should be freely opened at the rate of duties herein + recommended to the vessels and commerce of all the world. The <i>ad + valorem</i> system of duties adopted by us, although by far the most just + and equitable, yet requires an appraisement to ascertain the actual + value of every article. This demands great mercantile skill, knowledge, + and experience, and therefore, for the want of skillful appraisers (a + class of officers wholly unknown in Mexico), could not at once be put + into successful operation there. If also, as proposed, these duties are + to be ascertained and collected as a military contribution through the + officers of our Army and Navy, those brave men would more easily perform + almost any other duty than that of estimating the value of every + description of goods, wares, and merchandise. +</p> +<p> + The system of specific duties already prevails in Mexico, and may be put + by us into immediate operation; and if, as conceded, specific duties + should be more burdensome upon the people of Mexico, the more onerous + the operation of these duties upon them the sooner it is likely that + they will force their military rulers to agree to a peace. It is certain + that a mild and forbearing system of warfare, collecting no duties in + their ports in our possession on the Gulf and levying no contributions, + whilst our armies purchase supplies from them at high prices, by + rendering the war a benefit to the people of Mexico rather than an + injury has not hastened the conclusion of a peace. It may be, however, + that specific duties, onerous as they are, and heavy contributions, + accompanied by a vigorous prosecution of the war, may more speedily + insure that peace which we have failed to obtain from magnanimous + forbearance, from brilliant victories, or from proffered negotiation. + The duties, however, whilst they may be specific, and therefore more + onerous than <i>ad valorem</i> duties, should not be so high as to defeat + revenue. +</p> +<p> + It is impossible to adopt as a basis the tariff of Mexico, because the + duties are extravagantly high, defeating importation, commerce, and + revenue and producing innumerable frauds and smuggling. There are also + sixty articles the importation of which into Mexico is strictly + prohibited by their tariff, embracing most of the necessaries of life + and far the greater portion of our products and fabrics. +</p> +<p> + Among the sixty prohibited articles are sugar, rice, cotton, boots and + half-boots, coffee, nails of all kinds, leather of most kinds, flour, + cotton yarn and thread, soap of all kinds, common earthenware, lard, + molasses, timber of all kinds, saddles of all kinds, coarse woolen + cloth, cloths for cloaks, ready-made clothing of all kinds, salt, + tobacco of all kinds, cotton goods or textures, chiefly such as are made + by ourselves; pork, fresh or salted, smoked or corned; woolen or cotton + blankets or counterpanes, shoes and slippers, wheat and grain of all + kinds. Such is a list of but part of the articles whose importation is + prohibited by the Mexican tariff. These prohibitions should not be + permitted to continue, because they exclude most of our products and + fabrics and prevent the collection of revenue. We turn from the + prohibitions to the actual duties imposed by Mexico. The duties are + specific throughout, and almost universally by weight, irrespective of + value; are generally protective or exorbitant, and without any + discrimination for revenue. The duties proposed to be substituted are + moderate when compared with those imposed by Mexico, being generally + reduced to a standard more than one-half below the Mexican duties. The + duties are also based upon a discrimination throughout for revenue, and, + keeping in view the customs and habits of the people of Mexico, so + different from our own, are fixed in each case at that rate which it is + believed will produce in the Mexican ports the largest amount of + revenue. +</p> +<p> + In order to realize from this system the largest amount of revenue, it + would be necessary that our Army and Navy should seize every important + port or place upon the Gulf of Mexico or California, or on the Pacific, + and open the way through the interior for the free transit of exports + and imports, and especially that the interior passage through the + Mexican isthmus should be secured from ocean to ocean, for the benefit + of our commerce and that of all the world. This measure, whilst it would + greatly increase our revenue from these duties and facilitate + communication between our forces upon the eastern and western coasts of + Mexico, would probably lead at the conclusion of a peace to results of + incalculable importance to our own commerce and to that of all the + world. +</p> +<p> + In the meantime the Mexican Government monopoly in tobacco, from which a + considerable revenue is realized by Mexico, together with the culture + there which yields that revenue, should be abolished, so as to diminish + the resources of that Government and augment our own by collecting the + duty upon all the imported tobacco. The Mexican interior transit duties + should also be abolished, and also their internal Government duty on + coin and bullion. The prohibition of exports and the duties upon exports + should be annulled, and especially the heavy export duty on coin and + bullion, so as to cheapen and facilitate the purchase of imports and + permit the precious metals, untaxed, to flow out freely from Mexico into + general circulation. Quicksilver and machinery for working the mines of + precious metals in Mexico, for the same reasons, should also be admitted + duty free, which, with the measures above indicated, would largely + increase the production and circulation of the precious metals, improve + our own commerce and industry and that of all neutral powers. +</p> +<p> + In thus opening the ports of Mexico to the commerce of the world you + will present to all nations with whom we are at peace the best evidence + of your desire to maintain with them our friendly relations, to render + the war to them productive of as little injury as possible, and even to + advance their interests, so far as it safely can be done, by affording + to them in common with ourselves the advantages of a liberal commerce + with Mexico. To extend this commerce, you will have unsealed the ports + of Mexico, repealed their interior transit duties, which obstruct the + passage of merchandise to and from the coast; you will have annulled the + Government duty on coin and bullion and abolished the heavy export + duties on the precious metals, so as to permit them to flow out freely + for the benefit of mankind; you will have expunged the long list of + their prohibited articles and reduced more than one-half their duties on + imports, whilst the freest scope would be left for the mining of the + precious metals. These are great advantages which would be secured to + friendly nations, especially when compared with the exclusion of their + commerce by rigorous blockades. It is true, the duties collected from + these imports would be for the benefit of our own Government, but it is + equally true that the expenses of the war, which Mexico insists upon + prosecuting, are borne exclusively by ourselves, and not by foreign + nations. It can not be doubted but that all neutral nations will see in + the adoption of such a course by you a manifestation of your good will + toward them and a strong desire to advance those just and humane + principles which make it the duty of belligerents, as we have always + contended, to render the war in which they are engaged as little + injurious as practicable to neutral powers. +</p> +<p> + These duties would not be imposed upon any imports into our own country, + but only upon imports into Mexico, and the tax would fall upon the + people of Mexico in the enhancement to them of the prices of these + imports. Nearly all our own products are excluded by the Mexican tariff + even in time of peace; they are excluded also during the war so far as + we continue the system of blockading any of the ports of Mexico; and + they are also excluded even from the ports not blockaded in possession + of Mexico; whereas the new system would soon open to our commerce all + the ports of Mexico as they shall fall into our military possession. + Neither our own nor foreign merchants are required to send any goods to + Mexico, and if they do so voluntarily it will be because they can make a + profit upon the importation there, and therefore they will have no right + to complain of the duties levied in the ports of Mexico upon the + consumers of those goods—the people of Mexico. The whole money + collected would inure to the benefit of our own Government and people, + to sustain the war and to prevent to that extent new loans and increased + taxation. Indeed, in view of the fact that the Government is thrown upon + the ordinary revenues for peace, with no other additional resources but + loans to carry on the war, the income to be derived from the new system, + which it is believed will be large if these suggestions are adopted, + would be highly important to sustain the credit of the Government, to + prevent the embarrassment of the Treasury, and to save the country from + such ruinous sacrifices as occurred during the last war, including the + inevitable legacy to posterity of a large public debt and onerous + taxation. The new system would not only arrest the expensive transfer + and ruinous drain of specie to Mexico, but would cause it, in duties and + in return for our exports, to reflow into our country to an amount, + perhaps, soon exceeding the $9,000,000 which it had reached in 1835 even + under the restrictive laws of Mexico, thus relieving our own people from + a grievous tax and imposing it where it should fall, upon our enemies, + the people of Mexico, as a contribution levied upon them to conquer a + peace as well as to defray the expenses of the war; whereas by admitting + our exports freely, without duty, into the Mexican ports which we may + occupy from time to time, and affording those goods, including the + necessaries of life, at less than one-half the prices which they had + heretofore paid for them, the war might in time become a benefit instead + of a burden to the people of Mexico, and they would therefore be + unwilling to terminate the contest. It is hoped also that Mexico, after + a peace, will never renew her present prohibitory and protective system, + so nearly resembling that of ancient China or Japan, but that, + liberalized, enlightened, and regenerated by the contact and intercourse + with our people and those of other civilized nations, she will continue + the far more moderate system of duties resembling that prescribed by + these regulations. +</p> +<p> + In the meantime it is not just that Mexico, by her obstinate persistence + in this contest, should compel us to overthrow our own financial policy + and arrest this great nation in her high and prosperous career. To + reimpose high duties would be alike injurious to ourselves and to all + neutral powers, and, unless demanded by a stern necessity, ungenerous to + those enlightened nations which have adopted cotemporaneously with us a + more liberal commercial policy. The system you now propose of imposing + the burden as far as practicable upon our enemies, the people of Mexico, + and not upon ourselves or upon friendly nations, appears to be most just + in itself, and is further recommended as the only policy which is likely + to hasten the conclusion of a just and honorable peace. +</p> +<p> + A tonnage duty on all vessels, whether our own or of neutral powers, of + $1 per ton, which is greatly less than that imposed by Mexico, is + recommended in lieu of all port duties and charges. Appended to these + regulations are tables of the rates at which foreign money is fixed by + law, as also a separate table of currencies by usage, in which a + certificate of value is required to be attached to the invoice. There is + also annexed a table of foreign weights and measures reduced to the + standard of the United States, together with blank forms to facilitate + the transaction of business. +</p> +<p> + It is recommended that the duties herein suggested shall be collected + exclusively in gold or silver coin. These duties can only be collected + as a military contribution through the agency of our brave officers of + the Army and Navy, who will no doubt cheerfully and faithfully collect + and keep these moneys and account for them, not to the Treasury, but to + the Secretaries of War or of the Navy, respectively. +</p> +<p> + It is recommended that these duties be performed by the commandant of + the port, whether naval or military, aided by the paymaster or purser or + other officer, the accounts of each being countersigned by the other, as + a check upon mistakes or error, in the same manner as is now the case + with the collector and naval officer of our several principal ports, + which has introduced so much order and accuracy in our system. It is + suggested that as in some cases the attention of the commandant of the + port might be necessary for the performance of other duties that he be + permitted to substitute some other officer, making known the fact to the + Secretaries of War or of the Navy, and subject to their direction. +</p> +<p> + I have the honor to be, with great respect, your obedient servant, +</p> +<p class="r"> +R.J. WALKER,<br> + <i>Secretary of the Treasury</i>. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 31, 1847</i>. +</p> +<p> + SIR:<a href="#note-15"><small>15</small></a> Being charged by the Constitution with the prosecution of the + existing war with Mexico, I deem it proper, in the exercise of an + undoubted belligerent right, to order that military contributions be + levied upon the enemy in such of their ports or other places as now are + or may be hereafter in the possession of our land and naval forces by + conquest, and that the same be collected and applied toward defraying + the expenses of the war. As one means of effecting this object, the + blockade at such conquered ports will be raised, and they will be opened + to our own commerce and that of all neutral nations in articles not + contraband of war during our military occupation of them, and duties on + tonnage and imports will be levied and collected through the agency of + our military and naval officers in command at such ports, acting under + orders from the War and Navy Departments. +</p> +<p> + I transmit to you herewith, for your information and guidance, a copy of + a communication addressed by me to the Secretary of the Treasury on the + 23d instant, instructing him to examine the existing Mexican tariff and + to report to me, for my consideration, a scale of duties which he would + recommend to be levied on tonnage and imports in such conquered ports, + together with such regulations as he would propose as necessary and + proper in order to carry this policy into effect; and also a copy of the + report of the Secretary of the Treasury made on the 30th instant in + answer to my communication to him. The scale of duties and the + regulations for their collection as military contributions exacted from + the enemy, recommended by the Secretary of the Treasury in this report, + have been approved by me. +</p> +<p> + You will, after consulting with the Secretary of the Navy, so as to + secure concert of action between the War and Navy Departments, issue + the necessary orders to carry the measure proposed into immediate effect. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + TREASURY DEPARTMENT, <i>June 10, 1847</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: In compliance with your directions, I have examined the questions + presented by the Secretary of War in regard to the military + contributions proposed to be levied in Mexico under the tariff and + regulations sanctioned by you on the 31st of March last, and + respectfully recommend the following modifications, namely: +</p> +<p> + First. On all manufactures of cotton, or of cotton mixed with any other + material except wool, worsted, and silk, in the piece or in any other + form, a duty, as a military contribution, of 30 per cent <i>ad valorem</i>. +</p> +<p> + Second. When goods on which the duties are levied by weight are imported + into said ports in the package, the duties shall be collected on the net + weight only; and in all cases an allowance shall be made for all + deficiencies, leakage, breakage, or damage proved to have actually + occurred during the voyage of importation, and made known before the + goods are warehoused. +</p> +<p> + Third. The period named in the eighth of said regulations during which + the goods may remain in warehouse before the payment of duties is + extended from thirty to ninety days, and within said period of ninety + days any portion of the said goods on which the duties, as a military + contribution, have been paid may be taken, after such payment, from the + warehouse and entered free of any further duty at any other port or + ports of Mexico in our military possession, the facts of the case, with + a particular description of said goods and a statement that the duties + thereon have been paid, being certified by the proper officer of the + port or ports of reshipment. +</p> +<p> + Fourth. It is intended to provide by the treaty of peace that all goods + imported during the war into any of the Mexican ports in our military + possession shall be exempt from any new import duty or confiscation by + Mexico in the same manner as if said goods had been imported and paid + the import duties prescribed by the Government of Mexico. +</p> +<p> + Most respectfully, your obedient servant, +</p> +<p class="r"> +R.J. WALKER,<br> + <i>Secretary of the Treasury</i>. +</p> +<p> </p><p> </p> + +<p class="r"> + JUNE 11, 1847. +</p> +<p> + The modifications as above recommended by the Secretary of the Treasury + are approved by me, and the Secretary of War and the Secretary of the + Navy will give the proper orders to carry them into effect. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + TREASURY DEPARTMENT, <i>November 5, 1847</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: The military contributions in the form of duties upon imports into + Mexican ports have been levied by the Departments of War and of the Navy + during the last six months under your order of the 31st of March last, + and in view of the experience of the practical operation of the system + I respectfully recommend the following modifications in some of its + details, which will largely augment the revenue: +</p> +<p> + That the duty on silk, flax, hemp or grass, cotton, wool, worsted or any + manufactures of the same, or of either or mixtures thereof; coffee, + teas, sugar, molasses, tobacco and all manufactures thereof, including + cigars and cigarritos; glass, china, and stoneware, iron and steel and + all manufactures of either not prohibited, be 30 per cent <i>ad valorem</i>; + on copper and all manufactures thereof, tallow, tallow candles, soap, + fish, beef, pork, hams, bacon, tongues, butter, lard, cheese, rice, + Indian corn and meal, potatoes, wheat, rye, oats, and all other grain, + rye meal and oat meal, flour, whale and sperm oil, clocks, boots and + shoes, pumps, bootees and slippers, bonnets, hats, caps, beer, ale, + porter, cider, timber, boards, planks, scantling, shingles, laths, + pitch, tar, rosin, turpentine, spirits of turpentine, vinegar, apples, + ship bread, hides, leather and manufactures thereof, and paper of all + kinds, 20 per cent <i>ad valorem;</i> and these reduced rates shall also + apply to all goods on which the duties are not paid remaining not + exceeding ninety days in deposit in the Mexican ports, introduced under + previous regulations enforcing military contributions. +</p> +<p> + Yours, most respectfully, +</p> +<p class="r"> +R.J. WALKER,<br> + <i>Secretary of the Treasury</i>. +</p> +<p> </p><p> </p> + +<p class="r"> + NOVEMBER 6, 1847. +</p> +<p> + The modifications as above recommended by the Secretary of the Treasury + are approved by me, and the Secretary of War and the Secretary of the + Navy will give the proper orders to carry them into effect. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + TREASURY DEPARTMENT, <i>November 16, 1847</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: With a view to augment the military contributions now collected by + the Departments of War and of the Navy under your order of the 31st of + March last, I recommend that the export duty exacted before the war by + the Government of Mexico be now collected at the port of exportation by + the same officers of the Army or Navy of the United States in the + Mexican ports in our possession who are authorized to collect the import + duties, abolishing, however, the prohibition of export established in + certain cases by the Mexican Government, as also all interior transit + duties; dispensing also with the necessity of any certificate of having + paid any duty to the Mexican Government. +</p> +<p> + The export duty would then be as follows: +</p> + +<table summary="Precious metal export duties by type" class="t"> +<tr><td> +</td><td align="right" valign="bottom" width="20%">Per cent.</td></tr> +<tr><td> + Gold, coined or wrought</td><td align="right" valign="bottom">3</td></tr> +<tr><td> + Silver, coined</td><td align="right" valign="bottom">6</td></tr> +<tr><td> + Silver, wrought, with or without certificate + of having paid any duty to the Mexican Government </td><td align="right" valign="bottom">7</td></tr> +<tr><td> + Silver, refined or pure, wrought in ingots, + with or without certificate of having paid + the Mexican Government duty</td><td align="right" valign="bottom">7</td></tr> +<tr><td> + Gold, unwrought or in a state of ore or dust</td><td align="right" valign="bottom">3</td></tr> +<tr><td> + Silver, unwrought or in a state of ore</td><td align="right" valign="bottom">7</td></tr> +</table> + +<p> + Where gold or silver in any form is taken from any interior Mexican city + in our military possession, the export duty must be paid there to the + officer of the United States commanding, and his certificate of such + prepayment must be produced at the Mexican port of exportation; + otherwise a double duty will be collected upon the arrival of such gold + or silver at the Mexican port of exportation. Whenever it is + practicable, all internal taxes of every description, whether upon + persons or property, exacted by the Government of Mexico, or by any + department, town, or city thereof, should be collected by our military + officers in possession and appropriated as a military contribution + toward defraying the expenses of the war, excluding however, all duties + on the transit of goods from one department to another, which duties, + being prejudicial to revenue and restrictive of the exchange of imports + for exports, were abolished by your order of the 31st of March last. +</p> +<p> + Yours, most respectfully, +</p> +<p class="r"> +R.J. WALKER<br> + <i>Secretary of the Treasury</i>. +</p> +<p> </p><p> </p> + +<p class="r"> + NOVEMBER 16, 1847. +</p> +<p> + The modifications and military contributions as above recommended by the + Secretary of the Treasury are approved by me, and the Secretary of War + and the Secretary of the Navy will give the proper orders to carry them + into effect. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0013"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + THIRD ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 7, 1847</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and of the House of Representatives</i>: +</p> +<p> + The annual meeting of Congress is always an interesting event. The + representatives of the States and of the people come fresh from their + constituents to take counsel together for the common good. +</p> +<p> + After an existence of near three-fourths of a century as a free and + independent Republic, the problem no longer remains to be solved whether + man is capable of self-government. The success of our admirable system + is a conclusive refutation of the theories of those in other countries + who maintain that a "favored few" are born to rule and that the mass of + mankind must be governed by force. Subject to no arbitrary or hereditary + authority, the people are the only sovereigns recognized by our + Constitution. +</p> +<p> + Numerous emigrants, of every lineage and language, attracted by the + civil and religious freedom we enjoy and by our happy condition, + annually crowd to our shores, and transfer their heart, not less than + their allegiance, to the country whose dominion belongs alone to the + people. +</p> +<p> + No country has been so much favored, or should acknowledge with deeper + reverence the manifestations of the divine protection. An all-wise + Creator directed and guarded us in our infant struggle for freedom and + has constantly watched over our surprising progress until we have become + one of the great nations of the earth. +</p> +<p> + It is in a country thus favored, and under a Government in which the + executive and legislative branches hold their authority for limited + periods alike from the people, and where all are responsible to their + respective constituencies, that it is again my duty to communicate with + Congress upon the state of the Union and the present condition of public + affairs. +</p> +<p> + During the past year the most gratifying proofs are presented that our + country has been blessed with a widespread and universal prosperity. + There has been no period since the Government was founded when all the + industrial pursuits of our people have been more successful or when + labor in all branches of business has received a fairer or better + reward. From our abundance we have been enabled to perform the pleasing + duty of furnishing food for the starving millions of less favored + countries. +</p> +<p> + In the enjoyment of the bounties of Providence at home such as have + rarely fallen to the lot of any people, it is cause of congratulation + that our intercourse with all the powers of the earth except Mexico + continues to be of an amicable character. +</p> +<p> + It has ever been our cherished policy to cultivate peace and good will + with all nations, and this policy has been steadily pursued by me. +</p> +<p> + No change has taken place in our relations with Mexico since the + adjournment of the last Congress. The war in which the United States + were forced to engage with the Government of that country still + continues. +</p> +<p> + I deem it unnecessary, after the full exposition of them contained in my + message of the 11th of May, 1846, and in my annual message at the + commencement of the session of Congress in December last, to reiterate + the serious causes of complaint which we had against Mexico before she + commenced hostilities. +</p> +<p> + It is sufficient on the present occasion to say that the wanton + violation of the rights of person and property of our citizens committed + by Mexico, her repeated acts of bad faith through a long series of + years, and her disregard of solemn treaties stipulating for indemnity to + our injured citizens not only constituted ample cause of war on our + part, but were of such an aggravated character as would have justified + us before the whole world in resorting to this extreme remedy. With an + anxious desire to avoid a rupture between the two countries, we forbore + for years to assert our clear rights by force, and continued to seek + redress for the wrongs we had suffered by amicable negotiation in the + hope that Mexico might yield to pacific counsels and the demands of + justice. In this hope we were disappointed. Our minister of peace sent + to Mexico was insultingly rejected. The Mexican Government refused even + to hear the terms of adjustment which he was authorized to propose, and + finally, under wholly unjustifiable pretexts, involved the two countries + in war by invading the territory of the State of Texas, striking the + first blow, and shedding the blood of our citizens on our own soil. +</p> +<p> + Though the United States were the aggrieved nation, Mexico commenced the + war, and we were compelled in self-defense to repel the invader and to + vindicate the national honor and interests by prosecuting it with vigor + until we could obtain a just and honorable peace. +</p> +<p> + On learning that hostilities had been commenced by Mexico I promptly + communicated that fact, accompanied with a succinct statement of our + other causes of complaint against Mexico, to Congress, and that body, by + the act of the 13th of May, 1846, declared that "by the act of the + Republic of Mexico a state of war exists between that Government and the + United States." This act declaring "the war to exist by the act of the + Republic of Mexico," and making provision for its prosecution "to a + speedy and successful termination," was passed with great unanimity by + Congress, there being but two negative votes in the Senate and but + fourteen in the House of Representatives. +</p> +<p> + The existence of the war having thus been declared by Congress, it + became my duty under the Constitution and the laws to conduct and + prosecute it. This duty has been performed, and though at every stage of + its progress I have manifested a willingness to terminate it by a just + peace, Mexico has refused to accede to any terms which could be accepted + by the United States consistently with the national honor and interest. +</p> +<p> + The rapid and brilliant successes of our arms and the vast extent of the + enemy's territory which had been overrun and conquered before the close + of the last session of Congress were fully known to that body. Since + that time the war has been prosecuted with increased energy, and, I am + gratified to state, with a success which commands universal admiration. + History presents no parallel of so many glorious victories achieved by + any nation within so short a period. Our Army, regulars and volunteers, + have covered themselves with imperishable honors. Whenever and wherever + our forces have encountered the enemy, though he was in vastly superior + numbers and often intrenched in fortified positions of his own selection + and of great strength, he has been defeated. Too much praise can not be + bestowed upon our officers and men, regulars and volunteers, for their + gallantry, discipline, indomitable courage, and perseverance, all + seeking the post of danger and vying with each other in deeds of noble + daring. +</p> +<p> + While every patriot's heart must exult and a just national pride animate + every bosom in beholding the high proofs of courage, consummate military + skill, steady discipline, and humanity to the vanquished enemy exhibited + by our gallant Army, the nation is called to mourn over the loss of many + brave officers and soldiers, who have fallen in defense of their + country's honor and interests. The brave dead met their melancholy fate + in a foreign land, nobly discharging their duty, and with their + country's flag waving triumphantly in the face of the foe. Their + patriotic deeds are justly appreciated, and will long be remembered by + their grateful countrymen. The parental care of the Government they + loved and served should be extended to their surviving families. +</p> +<p> + Shortly after the adjournment of the last session of Congress the + gratifying intelligence was received of the signal victory of Buena + Vista, and of the fall of the city of Vera Cruz, and with it the strong + castle of San Juan de Ulloa, by which it was defended. Believing that + after these and other successes so honorable to our arms and so + disastrous to Mexico the period was propitious to afford her another + opportunity, if she thought proper to embrace it, to enter into + negotiations for peace, a commissioner was appointed to proceed to the + headquarters of our Army with full powers to enter upon negotiations and + to conclude a just and honorable treaty of peace. He was not directed to + make any new overtures of peace, but was the bearer of a dispatch from + the Secretary of State of the United States to the minister of foreign + affairs of Mexico, in reply to one received from the latter of the 22d + of February, 1847, in which the Mexican Government was informed of his + appointment and of his presence at the headquarters of our Army, and + that he was invested with full powers to conclude a definitive treaty of + peace whenever the Mexican Government might signify a desire to do so. + While I was unwilling to subject the United States to another indignant + refusal, I was yet resolved that the evils of the war should not be + protracted a day longer than might be rendered absolutely necessary by + the Mexican Government. +</p> +<p> + Care was taken to give no instructions to the commissioner which could + in any way interfere with our military operations or relax our energies + in the prosecution of the war. He possessed no authority in any manner + to control these operations. He was authorized to exhibit his + instructions to the general in command of the Army, and in the event of + a treaty being concluded and ratified on the part of Mexico he was + directed to give him notice of that fact. On the happening of such + contingency, and on receiving notice thereof, the general in command was + instructed by the Secretary of War to suspend further active military + operations until further orders. These instructions were given with a + view to intermit hostilities until the treaty thus ratified by Mexico + could be transmitted to Washington and receive the action of the + Government of the United States. The commissioner was also directed on + reaching the Army to deliver to the general in command the dispatch + which he bore from the Secretary of State to the minister of foreign + affairs of Mexico, and on receiving it the general was instructed by the + Secretary of War to cause it to be transmitted to the commander of the + Mexican forces, with a request that it might be communicated to his + Government. +</p> +<p> + The commissioner did not reach the headquarters of the Army until after + another brilliant victory had crowned our arms at Cerro Gordo. +</p> +<p> + The dispatch which he bore from the Secretary of War to the general in + command of the Army was received by that officer, then at Jalapa, on the + 7th of May, 1847, together with the dispatch from the Secretary of State + to the minister of foreign affairs of Mexico, having been transmitted to + him from Vera Cruz. The commissioner arrived at the headquarters of the + Army a few days afterwards. His presence with the Army and his + diplomatic character were made known to the Mexican Government from + Puebla on the 12th of June, 1847, by the transmission of the dispatch + from the Secretary of State to the minister of foreign affairs of + Mexico. +</p> +<p> + Many weeks elapsed after its receipt, and no overtures were made nor was + any desire expressed by the Mexican Government to enter into + negotiations for peace. +</p> +<p> + Our Army pursued its march upon the capital, and as it approached it was + met by formidable resistance. Our forces first encountered the enemy, + and achieved signal victories in the severely contested battles of + Contreras and Churubusco. It was not until after these actions had + resulted in decisive victories and the capital of the enemy was within + our power that the Mexican Government manifested any disposition to + enter into negotiations for peace, and even then, as events have proved, + there is too much reason to believe they were insincere, and that in + agreeing to go through the forms of negotiation the object was to gain + time to strengthen the defenses of their capital and to prepare for + fresh resistance. +</p> +<p> + The general in command of the Army deemed it expedient to suspend + hostilities temporarily by entering into an armistice with a view to the + opening of negotiations. Commissioners were appointed on the part of + Mexico to meet the commissioner on the part of the United States. The + result of the conferences which took place between these functionaries + of the two Governments was a failure to conclude a treaty of peace. +</p> +<p> + The commissioner of the United States took with him the project of a + treaty already prepared, by the terms of which the indemnity required by + the United States was a cession of territory. +</p> +<p> + It is well known that the only indemnity which it is in the power of + Mexico to make in satisfaction of the just and long-deferred claims of + our citizens against her and the only means by which she can reimburse + the United States for the expenses of the war is a cession to the United + States of a portion of her territory. Mexico has no money to pay, and no + other means of making the required indemnity. If we refuse this, we can + obtain nothing else. To reject indemnity by refusing to accept a cession + of territory would be to abandon all our just demands, and to wage the + war, bearing all its expenses, without a purpose or definite object. +</p> +<p> + A state of war abrogates treaties previously existing between the + belligerents and a treaty of peace puts an end to all claims for + indemnity for tortious acts committed under the authority of one + government against the citizens or subjects of another unless they are + provided for in its stipulations. A treaty of peace which would + terminate the existing war without providing for indemnity would enable + Mexico, the acknowledged debtor and herself the aggressor in the war, to + relieve herself from her just liabilities. By such a treaty our citizens + who hold just demands against her would have no remedy either against + Mexico or their own Government. Our duty to these citizens must forever + prevent such a peace, and no treaty which does not provide ample means + of discharging these demands can receive my sanction. +</p> +<p> + A treaty of peace should settle all existing differences between the two + countries. If an adequate cession of territory should be made by such a + treaty, the United States should release Mexico from all her liabilities + and assume their payment to our own citizens. If instead of this the + United States were to consent to a treaty by which Mexico should again + engage to pay the heavy amount of indebtedness which a just indemnity to + our Government and our citizens would impose on her, it is notorious + that she does not possess the means to meet such an undertaking. From + such a treaty no result could be anticipated but the same irritating + disappointments which have heretofore attended the violations of similar + treaty stipulations on the part of Mexico. Such a treaty would be but a + temporary cessation of hostilities, without the restoration of the + friendship and good understanding which should characterize the future + intercourse between the two countries. +</p> +<p> + That Congress contemplated the acquisition of territorial indemnity when + that body made provision for the prosecution of the war is obvious. + Congress could not have meant when, in May, 1846, they appropriated + $10,000,000 and authorized the President to employ the militia and naval + and military forces of the United States and to accept the services of + 50,000 volunteers to enable him to prosecute the war, and when, at their + last session, and after our Army had invaded Mexico, they made + additional appropriations and authorized the raising of additional + troops for the same purpose, that no indemnity was to be obtained from + Mexico at the conclusion of the war; and yet it was certain that if no + Mexican territory was acquired no indemnity could be obtained. It is + further manifest that Congress contemplated territorial indemnity from + the fact that at their last session an act was passed, upon the + Executive recommendation, appropriating $3,000,000 with that express + object. This appropriation was made "to enable the President to conclude + a treaty of peace, limits, and boundaries with the Republic of Mexico, + to be used by him in the event that said treaty, when signed by the + authorized agents of the two Governments and duly ratified by Mexico, + shall call for the expenditure of the same or any part thereof." The + object of asking this appropriation was distinctly stated in the several + messages on the subject which I communicated to Congress. Similar + appropriations made in 1803 and 1806, which were referred to, were + intended to be applied in part consideration for the cession of + Louisiana and the Floridas. In like manner it was anticipated that in + settling the terms of a treaty of "limits and boundaries" with Mexico a + cession of territory estimated to be of greater value than the amount of + our demands against her might be obtained, and that the prompt payment + of this sum in part consideration for the territory ceded, on the + conclusion of a treaty and its ratification on her part, might be an + inducement with her to make such a cession of territory as would be + satisfactory to the United States; and although the failure to conclude + such a treaty has rendered it unnecessary to use any part of the + $3,000,000 appropriated by that act, and the entire sum remains in the + Treasury, it is still applicable to that object should the contingency + occur making such application proper. +</p> +<p> + The doctrine of no territory is the doctrine of no indemnity, and if + sanctioned would be a public acknowledgment that our country was wrong + and that the war declared by Congress with extraordinary unanimity was + unjust and should be abandoned—an admission unfounded in fact and + degrading to the national character. +</p> +<p> + The terms of the treaty proposed by the United States were not only just + to Mexico, but, considering the character and amount of our claims, the + unjustifiable and unprovoked commencement of hostilities by her, the + expenses of the war to which we have been subjected, and the success + which had attended our arms, were deemed to be of a most liberal + character. +</p> +<p> + The commissioner of the United States was authorized to agree to the + establishment of the Rio Grande as the boundary from its entrance into + the Gulf to its intersection with the southern boundary of New Mexico, + in north latitude about 32°, and to obtain a cession to the United + States of the Provinces of New Mexico and the Californias and the + privilege of the right of way across the Isthmus of Tehuantepec. The + boundary of the Rio Grande and the cession to the United States of New + Mexico and Upper California constituted an ultimatum which our + commissioner was under no circumstances to yield. +</p> +<p> + That it might be manifest, not only to Mexico, but to all other nations, + that the United States were not disposed to take advantage of a feeble + power by insisting upon wresting from her all the other Provinces, + including many of her principal towns and cities, which we had conquered + and held in our military occupation, but were willing to conclude a + treaty in a spirit of liberality, our commissioner was authorized to + stipulate for the restoration to Mexico of all our other conquests. +</p> +<p> + As the territory to be acquired by the boundary proposed might be + estimated to be of greater value than a fair equivalent for our just + demands, our commissioner was authorized to stipulate for the payment of + such additional pecuniary consideration as was deemed reasonable. +</p> +<p> + The terms of a treaty proposed by the Mexican commissioners were wholly + inadmissible. They negotiated as if Mexico were the victorious, and not + the vanquished, party. They must have known that their ultimatum could + never be accepted. It required the United States to dismember Texas by + surrendering to Mexico that part of the territory of that State lying + between the Nueces and the Rio Grande, included within her limits by her + laws when she was an independent republic, and when she was annexed to + the United States and admitted by Congress as one of the States of our + Union. It contained no provision for the payment by Mexico of the just + claims of our citizens. It required indemnity to Mexican citizens for + injuries they may have sustained by our troops in the prosecution of the + war. It demanded the right for Mexico to levy and collect the Mexican + tariff of duties on goods imported into her ports while in our military + occupation during the war, and the owners of which had paid to officers + of the United States the military contributions which had been levied + upon them; and it offered to cede to the United States, for a pecuniary + consideration, that part of Upper California lying north of latitude + 37°. Such were the unreasonable terms proposed by the Mexican + commissioners. +</p> +<p> + The cession to the United States by Mexico of the Provinces of New + Mexico and the Californias, as proposed by the commissioner of the + United States, it was believed would be more in accordance with the + convenience and interests of both nations than any other cession of + territory which it was probable Mexico could be induced to make. +</p> +<p> + It is manifest to all who have observed the actual condition of the + Mexican Government for some years past and at present that if these + Provinces should be retained by her she could not long continue to hold + and govern them. Mexico is too feeble a power to govern these Provinces, + lying as they do at a distance of more than 1,000 miles from her + capital, and if attempted to be retained by her they would constitute + but for a short time even nominally a part of her dominions. This would + be especially the case with Upper California. +</p> +<p> + The sagacity of powerful European nations has long since directed their + attention to the commercial importance of that Province, and there can + be little doubt that the moment the United States shall relinquish their + present occupation of it and their claim to it as indemnity an effort + would be made by some foreign power to possess it, either by conquest or + by purchase. If no foreign government should acquire it in either of + these modes, an independent revolutionary government would probably be + established by the inhabitants and such foreigners as may remain in or + remove to the country as soon as it shall be known that the United + States have abandoned it. Such a government would be too feeble long to + maintain its separate independent existence, and would finally become + annexed to or be a dependent colony of some more powerful state. +</p> +<p> + Should any foreign government attempt to possess it as a colony, or + otherwise to incorporate it with itself, the principle avowed by + President Monroe in 1824, and reaffirmed in my first annual message, + that no foreign power shall with our consent be permitted to plant or + establish any new colony or dominion on any part of the North American + continent must be maintained. In maintaining this principle and in + resisting its invasion by any foreign power we might be involved in + other wars more expensive and more difficult than that in which we are + now engaged. +</p> +<p> + The Provinces of New Mexico and the Californias are contiguous to the + territories of the United States, and if brought under the government of + our laws their resources—mineral, agricultural, manufacturing, and + commercial—would soon be developed. +</p> +<p> + Upper California is bounded on the north by our Oregon possessions, and + if held by the United States would soon be settled by a hardy, + enterprising, and intelligent portion of our population. The Bay of San + Francisco and other harbors along the Californian coast would afford + shelter for our Navy, for our numerous whale ships, and other merchant + vessels employed in the Pacific Ocean, and would in a short period + become the marts of an extensive and profitable commerce with China and + other countries of the East. +</p> +<p> + These advantages, in which the whole commercial world would participate, + would at once be secured to the United States by the cession of this + territory; while it is certain that as long as it remains a part of the + Mexican dominions they can be enjoyed neither by Mexico herself nor by + any other nation. +</p> +<p> + New Mexico is a frontier Province, and has never been of any + considerable value to Mexico. From its locality it is naturally + connected with our Western settlements. The territorial limits of the + State of Texas, too, as defined by her laws before her admission into + our Union, embrace all that portion of New Mexico lying east of the Rio + Grande, while Mexico still claims to hold this territory as a part of + her dominions. The adjustment of this question of boundary is important. +</p> +<p> + There is another consideration which induced the belief that the Mexican + Government might even desire to place this Province under the protection + of the Government of the United States. Numerous bands of fierce and + warlike savages wander over it and upon its borders. Mexico has been and + must continue to be too feeble to restrain them from committing + depredations, robberies, and murders, not only upon the inhabitants of + New Mexico itself, but upon those of the other northern States of + Mexico. It would be a blessing to all these northern States to have + their citizens protected against them by the power of the United States. + At this moment many Mexicans, principally females and children, are in + captivity among them. If New Mexico were held and governed by the United + States, we could effectually prevent these tribes from committing such + outrages, and compel them to release these captives and restore them to + their families and friends. +</p> +<p> + In proposing to acquire New Mexico and the Californias, it was known + that but an inconsiderable portion of the Mexican people would be + transferred with them, the country embraced within these Provinces being + chiefly an uninhabited region. +</p> +<p> + These were the leading considerations which induced me to authorize the + terms of peace which were proposed to Mexico. They were rejected, and, + negotiations being at an end, hostilities were renewed. An assault was + made by our gallant Army upon the strongly fortified places near the + gates of the City of Mexico and upon the city itself, and after several + days of severe conflict the Mexican forces, vastly superior in number to + our own, were driven from the city, and it was occupied by our troops. +</p> +<p> + Immediately after information was received of the unfavorable result of + the negotiations, believing that his continued presence with the Army + could be productive of no good, I determined to recall our commissioner. + A dispatch to this effect was transmitted to him on the 6th of October + last. The Mexican Government will be informed of his recall, and that in + the existing state of things I shall not deem it proper to make any + further overtures of peace, but shall be at all times ready to receive + and consider any proposals which may be made by Mexico. +</p> +<p> + Since the liberal proposition of the United States was authorized to be + made, in April last, large expenditures have been incurred and the + precious blood of many of our patriotic fellow-citizens has been shed in + the prosecution of the war. This consideration and the obstinate + perseverance of Mexico in protracting the war must influence the terms + of peace which it may be deemed proper hereafter to accept. +</p> +<p> + Our arms having been everywhere victorious, having subjected to our + military occupation a large portion of the enemy's country, including + his capital, and negotiations for peace having failed, the important + questions arise, in what manner the war ought to be prosecuted and what + should be our future policy. I can not doubt that we should secure and + render available the conquests which we have already made, and that with + this view we should hold and occupy by our naval and military forces all + the ports, towns, cities, and Provinces now in our occupation or which + may hereafter fall into our possession; that we should press forward our + military operations and levy such military contributions on the enemy as + may, as far as practicable, defray the future expenses of the war. +</p> +<p> + Had the Government of Mexico acceded to the equitable and liberal terms + proposed, that mode of adjustment would have been preferred. Mexico + having declined to do this and failed to offer any other terms which + could be accepted by the United States, the national honor, no less than + the public interests, requires that the war should be prosecuted with + increased energy and power until a just and satisfactory peace can be + obtained. In the meantime, as Mexico refuses all indemnity, we should + adopt measures to indemnify ourselves by appropriating permanently a + portion of her territory. Early after the commencement of the war New + Mexico and the Californias were taken possession of by our forces. Our + military and naval commanders were ordered to conquer and hold them, + subject to be disposed of by a treaty of peace. +</p> +<p> + These Provinces are now in our undisputed occupation, and have been so + for many months, all resistance on the part of Mexico having ceased + within their limits. I am satisfied that they should never be + surrendered to Mexico. Should Congress concur with me in this opinion, + and that they should be retained by the United States as indemnity, I + can perceive no good reason why the civil jurisdiction and laws of the + United States should not at once be extended over them. To wait for a + treaty of peace such as we are willing to make, by which our relations + toward them would not be changed, can not be good policy; whilst our own + interest and that of the people inhabiting them require that a stable, + responsible, and free government under our authority should as soon as + possible be established over them. Should Congress, therefore, determine + to hold these Provinces permanently, and that they shall hereafter be + considered as constituent parts of our country, the early establishment + of Territorial governments over them will be important for the more + perfect protection of persons and property; and I recommend that such + Territorial governments be established. It will promote peace and + tranquillity among the inhabitants, by allaying all apprehension that + they may still entertain of being again subjected to the jurisdiction of + Mexico. I invite the early and favorable consideration of Congress to + this important subject. +</p> +<p> + Besides New Mexico and the Californias, there are other Mexican + Provinces which have been reduced to our possession by conquest. These + other Mexican Provinces are now governed by our military and naval + commanders under the general authority which is conferred upon a + conqueror by the laws of war. They should continue to be held, as a + means of coercing Mexico to accede to just terms of peace. Civil as well + as military officers are required to conduct such a government. Adequate + compensation, to be drawn from contributions levied on the enemy, should + be fixed by law for such officers as may be thus employed. What further + provision may become necessary and what final disposition it may be + proper to make of them must depend on the future progress of the war and + the course which Mexico may think proper hereafter to pursue. +</p> +<p> + With the views I entertain I can not favor the policy which has been + suggested, either to withdraw our Army altogether or to retire to a + designated line and simply hold and defend it. To withdraw our Army + altogether from the conquests they have made by deeds of unparalleled + bravery, and at the expense of so much blood and treasure, in a just war + on our part, and one which, by the act of the enemy, we could not + honorably have avoided, would be to degrade the nation in its own + estimation and in that of the world. To retire to a line and simply hold + and defend it would not terminate the war. On the contrary, it would + encourage Mexico to persevere and tend to protract it indefinitely. It + is not to be expected that Mexico, after refusing to establish such a + line as a permanent boundary when our victorious Army are in possession + of her capital and in the heart of her country, would permit us to hold + it without resistance. That she would continue the war, and in the most + harassing and annoying forms, there can be no doubt. A border warfare of + the most savage character, extending over a long line, would be + unceasingly waged. It would require a large army to be kept constantly + in the field, stationed at posts and garrisons along such a line, to + protect and defend it. The enemy, relieved from the pressure of our arms + on his coasts and in the populous parts of the interior, would direct + his attention to this line, and, selecting an isolated post for attack, + would concentrate his forces upon it. This would be a condition of + affairs which the Mexicans, pursuing their favorite system of guerrilla + warfare, would probably prefer to any other. Were we to assume a + defensive attitude on such a line, all the advantages of such a state of + war would be on the side of the enemy. We could levy no contributions + upon him, or in any other way make him feel the pressure of the war, but + must remain inactive and await his approach, being in constant + uncertainty at what point on the line or at what time he might make an + assault. He may assemble and organize an overwhelming force in the + interior on his own side of the line, and, concealing his purpose, make + a sudden assault upon some one of our posts so distant from any other as + to prevent the possibility of timely succor or reenforcements, and in + this way our gallant Army would be exposed to the danger of being cut + off in detail; or if by their unequaled bravery and prowess everywhere + exhibited during this war they should repulse the enemy, their numbers + stationed at any one post may be too small to pursue him. If the enemy + be repulsed in one attack, he would have nothing to do but to retreat to + his own side of the line, and, being in no fear of a pursuing army, may + reenforce himself at leisure for another attack on the same or some + other post. He may, too, cross the line between our posts, make rapid + incursions into the country which we hold, murder the inhabitants, + commit depredations on them, and then retreat to the interior before a + sufficient force can be concentrated to pursue him. Such would probably + be the harassing character of a mere defensive war on our part. If our + forces when attacked, or threatened with attack, be permitted to cross + the line, drive back the enemy, and conquer him, this would be again to + invade the enemy's country after having lost all the advantages of the + conquests we have already made by having voluntarily abandoned them. +</p> +<p> + To hold such a line successfully and in security it is far from being + certain that it would not require as large an army as would be necessary + to hold all the conquests we have already made and to continue the + prosecution of the war in the heart of the enemy's country. It is also + far from being certain that the expenses of the war would be diminished + by such a policy. +</p> +<p> + I am persuaded that the best means of vindicating the national honor and + interest and of bringing the war to an honorable close will be to + prosecute it with increased energy and power in the vital parts of the + enemy's country. +</p> +<p> + In my annual message to Congress of December last I declared that— +</p> +<p class="q"> + The war has not been waged with a view to conquest, but, having been + commenced by Mexico, it has been carried into the enemy's country and + will be vigorously prosecuted there with a view to obtain an honorable + peace, and thereby secure ample indemnity for the expenses of the war, + as well as to our much-injured citizens, who hold large pecuniary + demands against Mexico. +</p> +<p> + Such, in my judgment, continues to be our true policy; indeed, the only + policy which will probably secure a permanent peace. +</p> +<p> + It has never been contemplated by me, as an object of the war, to make a + permanent conquest of the Republic of Mexico or to annihilate her + separate existence as an independent nation. On the contrary, it has + ever been my desire that she should maintain her nationality, and under + a good government adapted to her condition be a free, independent, and + prosperous Republic. The United States were the first among the nations + to recognize her independence, and have always desired to be on terms of + amity and good neighborhood with her. This she would not suffer. By her + own conduct we have been compelled to engage in the present war. In its + prosecution we seek not her overthrow as a nation, but in vindicating + our national honor we seek to obtain redress for the wrongs she has done + us and indemnity for our just demands against her. We demand an + honorable peace, and that peace must bring with it indemnity for the + past and security for the future. Hitherto Mexico has refused all + accommodation by which such a peace could be obtained. +</p> +<p> + Whilst our armies have advanced from victory to victory from the + commencement of the war, it has always been with the olive branch of + peace in their hands, and it has been in the power of Mexico at every + step to arrest hostilities by accepting it. +</p> +<p> + One great obstacle to the attainment of peace has undoubtedly arisen + from the fact that Mexico has been so long held in subjection by one + faction or military usurper after another, and such has been the + condition of insecurity in which their successive governments have been + placed that each has been deterred from making peace lest for this very + cause a rival faction might expel it from power. Such was the fate of + President Herrera's administration in 1845 for being disposed even to + listen to the overtures of the United States to prevent the war, as is + fully confirmed by an official correspondence which took place in the + month of August last between him and his Government, a copy of which is + herewith communicated. "For this cause alone the revolution which + displaced him from power was set on foot" by General Paredes. Such may + be the condition of insecurity of the present Government. +</p> +<p> + There can be no doubt that the peaceable and well-disposed inhabitants + of Mexico are convinced that it is the true interest of their country to + conclude an honorable peace with the United States, but the apprehension + of becoming the victims of some military faction or usurper may have + prevented them from manifesting their feelings by any public act. The + removal of any such apprehension would probably cause them to speak + their sentiments freely and to adopt the measures necessary for the + restoration of peace. With a people distracted and divided by contending + factions and a Government subject to constant changes by successive + revolutions, the continued successes of our arms may fail to secure a + satisfactory peace. In such event it may become proper for our + commanding generals in the field to give encouragement and assurances of + protection to the friends of peace in Mexico in the establishment and + maintenance of a free republican government of their own choice, able + and willing to conclude a peace which would be just to them and secure + to us the indemnity we demand. This may become the only mode of + obtaining such a peace. Should such be the result, the war which Mexico + has forced upon us would thus be converted into an enduring blessing to + herself. After finding her torn and distracted by factions, and ruled by + military usurpers, we should then leave her with a republican government + in the enjoyment of real independence and domestic peace and prosperity, + performing all her relative duties in the great family of nations and + promoting her own happiness by wise laws and their faithful execution. +</p> +<p> + If, after affording this encouragement and protection, and after all the + persevering and sincere efforts we have made from the moment Mexico + commenced the war, and prior to that time, to adjust our differences + with her, we shall ultimately fail, then we shall have exhausted all + honorable means in pursuit of peace, and must continue to occupy her + country with our troops, taking the full measure of indemnity into our + own hands, and must enforce the terms which our honor demands. +</p> +<p> + To act otherwise in the existing state of things in Mexico, and to + withdraw our Army without a peace, would not only leave all the wrongs + of which we complain unredressed, but would be the signal for new and + fierce civil dissensions and new revolutions—all alike hostile to + peaceful relations with the United States. Besides, there is danger, if + our troops were withdrawn before a peace was concluded, that the Mexican + people, wearied with successive revolutions and deprived of protection + for their persons and property, might at length be inclined to yield to + foreign influences and to cast themselves into the arms of some European + monarch for protection from the anarchy and suffering which would ensue. + This, for our own safety and in pursuance of our established policy, we + should be compelled to resist. We could never consent that Mexico should + be thus converted into a monarchy governed by a foreign prince. +</p> +<p> + Mexico is our near neighbor, and her boundaries are coterminous with our + own through the whole extent across the North American continent, from + ocean to ocean. Both politically and commercially we have the deepest + interest in her regeneration and prosperity. Indeed, it is impossible + that, with any just regard to our own safety, we can ever become + indifferent to her fate. +</p> +<p> + It may be that the Mexican Government and people have misconstrued or + misunderstood our forbearance and our objects in desiring to conclude an + amicable adjustment of the existing differences between the two + countries. They may have supposed that we would submit to terms + degrading to the nation, or they may have drawn false inferences from + the supposed division of opinion in the United States on the subject of + the war, and may have calculated to gain much by protracting it, and, + indeed, that we might ultimately abandon it altogether without insisting + on any indemnity, territorial or otherwise. Whatever may be the false + impressions under which they have acted, the adoption and prosecution of + the energetic policy proposed must soon undeceive them. +</p> +<p> + In the future prosecution of the war the enemy must be made to feel its + pressure more than they have heretofore done. At its commencement it was + deemed proper to conduct it in a spirit of forbearance and liberality. + With this end in view, early measures were adopted to conciliate, as far + as a state of war would permit, the mass of the Mexican population; to + convince them that the war was waged, not against the peaceful + inhabitants of Mexico, but against their faithless Government, which had + commenced hostilities; to remove from their minds the false impressions + which their designing and interested rulers had artfully attempted to + make, that the war on our part was one of conquest, that it was a war + against their religion and their churches, which were to be desecrated + and overthrown, and that their rights of person and private property + would be violated. To remove these false impressions, our commanders in + the field were directed scrupulously to respect their religion, their + churches, and their church property, which were in no manner to be + violated; fhey were directed also to respect the rights of persons and + property of all who should not take up arms against us. +</p> +<p> + Assurances to this effect were given to the Mexican people by + Major-General Taylor in a proclamation issued in pursuance of + instructions from the Secretary of War in the month of June, 1846, and + again by Major-General Scott, who acted upon his own convictions of the + propriety of issuing it, in a proclamation of the 11th of May, 1847. In + this spirit of liberality and conciliation, and with a view to prevent + the body of the Mexican population from taking up arms against us, was + the war conducted on our part. Provisions and other supplies furnished + to our Army by Mexican citizens were paid for at fair and liberal + prices, agreed upon by the parties. After the lapse of a few months it + became apparent that these assurances and this mild treatment had failed + to produce the desired effect upon the Mexican population. While the war + had been conducted on our part according to the most humane and liberal + principles observed by civilized nations, it was waged in a far + different spirit on the part of Mexico. Not appreciating our + forbearance, the Mexican people generally became hostile to the United + States, and availed themselves of every opportunity to commit the most + savage excesses upon our troops. Large numbers of the population took up + arms, and, engaging in guerrilla warfare, robbed and murdered in the + most cruel manner individual soldiers or small parties whom accident or + other causes had separated from the main body of our Army; bands of + guerrilleros and robbers infested the roads, harassed our trains, and + whenever it was in their power cut off our supplies. +</p> +<p> + The Mexicans having thus shown themselves to be wholly incapable of + appreciating our forbearance and liberality, it was deemed proper to + change the manner of conducting the war, by making them feel its + pressure according to the usages observed under similar circumstances by + all other civilized nations. +</p> +<p> + Accordingly, as early as the 22d of September, 1846, instructions were + given by the Secretary of War to Major-General Taylor to "draw supplies" + for our Army "from the enemy without paying for them, and to require + contributions for its support, if in that way he was satisfied he could + get abundant supplies for his forces." In directing the execution of + these instructions much was necessarily left to the discretion of the + commanding officer, who was best acquainted with the circumstances by + which he was surrounded, the wants of the Army, and the practicability + of enforcing the measure. General Taylor, on the 26th of October, 1846, + replied from Monterey that "it would have been impossible hitherto, and + is so now, to sustain the Army to any extent by forced contributions of + money or supplies." For the reasons assigned by him, he did not adopt + the policy of his instructions, but declared his readiness to do so + "should the Army in its future operations reach a portion of the country + which may be made to supply the troops with advantage." He continued to + pay for the articles of supply which were drawn from the enemy's + country. +</p> +<p> + Similar instructions were issued to Major-General Scott on the 3d of + April, 1847, who replied from Jalapa on the 20th of May, 1847, that if + it be expected "that the Army is to support itself by forced + contributions levied upon the country we may ruin and exasperate the + inhabitants and starve ourselves." The same discretion was given to him + that had been to General Taylor in this respect. General Scott, for the + reasons assigned by him, also continued to pay for the articles of + supply for the Army which were drawn from the enemy. +</p> +<p> + After the Army had reached the heart of the most wealthy portion of + Mexico it was supposed that the obstacles which had before that time + prevented it would not be such as to render impracticable the levy of + forced contributions for its support, and on the 1st of September and + again on the 6th of October, 1847, the order was repeated in dispatches + addressed by the Secretary of War to General Scott, and his attention + was again called to the importance of making the enemy bear the burdens + of the war by requiring them to furnish the means of supporting our + Army, and he was directed to adopt this policy unless by doing so there + was danger of depriving the Army of the necessary supplies. Copies of + these dispatches were forwarded to General Taylor for his government. +</p> +<p> + On the 31st of March last I caused an order to be issued to our military + and naval commanders to levy and collect a military contribution upon + all vessels and merchandise which might enter any of the ports of Mexico + in our military occupation, and to apply such contributions toward + defraying the expenses of the war. By virtue of the right of conquest + and the laws of war, the conqueror, consulting his own safety or + convenience, may either exclude foreign commerce altogether from all + such ports or permit it upon such terms and conditions as he may + prescribe. Before the principal ports of Mexico were blockaded by our + Navy the revenue derived from import duties under the laws of Mexico was + paid into the Mexican treasury. After these ports had fallen into our + military possession the blockade was raised and commerce with them + permitted upon prescribed terms and conditions. They were opened to the + trade of all nations upon the payment of duties more moderate in their + amount than those which had been previously levied by Mexico, and the + revenue, which was formerly paid into the Mexican treasury, was directed + to be collected by our military and naval officers and applied co the + use of our Army and Navy. Care was taken that the officers, soldiers, + and sailors of our Army and Navy should be exempted from the operations + of the order, and, as the merchandise imported upon which the order + operated must be consumed by Mexican citizens, the contributions exacted + were in effect the seizure of the public revenues of Mexico and the + application of them to our own use. In directing this measure the object + was to compel the enemy to contribute as far as practicable toward the + expenses of the war. +</p> +<p> + For the amount of contributions which have been levied in this form I + refer you to the accompanying reports of the Secretary of War and of the + Secretary of the Navy, by which it appears that a sum exceeding half a + million of dollars has been collected. This amount would undoubtedly + have been much larger but for the difficulty of keeping open + communications between the coast and the interior, so as to enable the + owners of the merchandise imported to transport and vend it to the + inhabitants of the country. It is confidently expected that this + difficulty will to a great extent be soon removed by our increased + forces which have been sent to the field. +</p> +<p> + Measures have recently been adopted by which the internal as well as the + external revenues of Mexico in all places in our military occupation + will be seized and appropriated to the use of our Army and Navy. +</p> +<p> + The policy of levying upon the enemy contributions in every form + consistently with the laws of nations, which it may be practicable for + our military commanders to adopt, should, in my judgment, be rigidly + enforced, and orders to this effect have accordingly been given. By such + a policy, at the same time that our own Treasury will be relieved from a + heavy drain, the Mexican people will be made to feel the burdens of the + war, and, consulting their own interests, may be induced the more + readily to require their rulers to accede to a just peace. +</p> +<p> + After the adjournment of the last session of Congress events transpired + in the prosecution of the war which in my judgment required a greater + number of troops in the field than had been anticipated. The strength of + the Army was accordingly increased by "accepting" the services of all + the volunteer forces authorized by the act of the 13th of May, 1846, + without putting a construction on that act the correctness of which was + seriously questioned. The volunteer forces now in the field, with those + which had been "accepted" to "serve for twelve months" and were + discharged at the end of their term of service, exhaust the 50,000 men + authorized by that act. Had it been clear that a proper construction of + the act warranted it, the services of an additional number would have + been called for and accepted; but doubts existing upon this point, the + power was not exercised. It is deemed important that Congress should at + an early period of their session confer the authority to raise an + additional regular force to serve during the war with Mexico and to be + discharged upon the conclusion and ratification of a treaty of peace. I + invite the attention of Congress to the views presented by the Secretary + of War in his report upon this subject. +</p> +<p> + I recommend also that authority be given by law to call for and accept + the services of an additional number of volunteers, to be exercised at + such time and to such extent as the emergencies of the service may + require. +</p> +<p> + In prosecuting the war with Mexico, whilst the utmost care has been + taken to avoid every just cause of complaint on the part of neutral + nations, and none has been given, liberal privileges have been granted + to their commerce in the ports of the enemy in our military occupation. +</p> +<p> + The difficulty with the Brazilian Government, which at one time + threatened to interrupt the friendly relations between the two + countries, will, I trust, be speedily adjusted. I have received + information that an envoy extraordinary and minister plenipotentiary to + the United States will shortly be appointed by His Imperial Majesty, and + it is hoped that he will come instructed and prepared to adjust all + remaining differences between the two Governments in a manner acceptable + and honorable to both. In the meantime, I have every reason to believe + that nothing will occur to interrupt our amicable relations with Brazil. +</p> +<p> + It has been my constant effort to maintain and cultivate the most + intimate relations of friendship with all the independent powers of + South America, and this policy has been attended with the happiest + results. It is true that the settlement and payment of many just claims + of American citizens against these nations have been long delayed. The + peculiar position in which they have been placed and the desire on the + part of my predecessors as well as myself to grant them the utmost + indulgence have hitherto prevented these claims from being urged in a + manner demanded by strict justice. The time has arrived when they ought + to be finally adjusted and liquidated, and efforts are now making for + that purpose. +</p> +<p> + It is proper to inform you that the Government of Peru has in good faith + paid the first two installments of the indemnity of $30,000 each, and + the greater portion of the interest due thereon, in execution of the + convention between that Government and the United States the + ratifications of which were exchanged at Lima on the 31st of October, + 1846. The Attorney-General of the United States early in August last + completed the adjudication of the claims under this convention, and made + his report thereon in pursuance of the act of the 8th of August, 1846. + The sums to which the claimants are respectively entitled will be paid + on demand at the Treasury. +</p> +<p> + I invite the early attention of Congress to the present condition of our + citizens in China. Under our treaty with that power American citizens + are withdrawn from the jurisdiction, whether civil or criminal, of the + Chinese Government and placed under that of our public functionaries in + that country. By these alone can our citizens be tried and punished for + the commission of any crime; by these alone can questions be decided + between them involving the rights of persons and property, and by these + alone can contracts be enforced into which they may have entered with + the citizens or subjects of foreign powers. The merchant vessels of the + United States lying in the waters of the five ports of China open to + foreign commerce are under the exclusive jurisdiction of officers of + their own Government. Until Congress shall establish competent tribunals + to try and punish crimes and to exercise jurisdiction in civil cases in + China, American citizens there are subject to no law whatever. Crimes + may be committed with impunity and debts may be contracted without any + means to enforce their payment. Inconveniences have already resulted + from the omission of Congress to legislate upon the subject, and still + greater are apprehended. The British authorities in China have already + complained that this Government has not provided for the punishment of + crimes or the enforcement of contracts against American citizens in that + country, whilst their Government has established tribunals by which an + American citizen can recover debts due from British subjects. +</p> +<p> + Accustomed, as the Chinese are, to summary justice, they could not be + made to comprehend why criminals who are citizens of the United States + should escape with impunity, in violation of treaty obligations, whilst + the punishment of a Chinese who had committed any crime against an + American citizen would be rigorously exacted. Indeed, the consequences + might be fatal to American citizens in China should a flagrant crime be + committed by any one of them upon a Chinese, and should trial and + punishment not follow according to the requisitions of the treaty. This + might disturb, if not destroy, our friendly relations with that Empire + and cause an interruption of our valuable commerce. +</p> +<p> + Our treaties with the Sublime Porte, Tripoli, Tunis, Morocco, and Muscat + also require the legislation of Congress to carry them into execution, + though the necessity for immediate action may not be so urgent as in + regard to China. +</p> +<p> + The Secretary of State has submitted an estimate to defray the expense + of opening diplomatic relations with the Papal States. The interesting + political events now in progress in these States, as well as a just + regard to our commercial interests, have, in my opinion, rendered such a + measure highly expedient. +</p> +<p> + Estimates have also been submitted for the outfits and salaries of + chargés d'affaires to the Republics of Bolivia, Guatemala, and Ecuador. + The manifest importance of cultivating the most friendly relations with + all the independent States upon this continent has induced me to + recommend appropriations necessary for the maintenance of these + missions. +</p> +<p> + I recommend to Congress that an appropriation be made to be paid to the + Spanish Government for the purpose of distribution among the claimants + in the <i>Amistad</i> case. I entertain the conviction that this is due to + Spain under the treaty of the 20th of October, 1795, and, moreover, that + from the earnest manner in which the claim continues to be urged so long + as it shall remain unsettled it will be a source of irritation and + discord between the two countries, which may prove highly prejudicial to + the interests of the United States. Good policy, no less than a faithful + compliance with our treaty obligations, requires that the inconsiderable + appropriation demanded should be made. +</p> +<p> + A detailed statement of the condition of the finances will be presented + in the annual report of the Secretary of the Treasury. The imports for + the last fiscal year, ending on the 30th of June, 1847, were of the + value of $146,545,638, of which the amount exported was $8,011,158, + leaving $138,534,480 in the country for domestic use. The value of the + exports for the same period was $158,648,622, of which $150,637,464 + consisted of domestic productions and $8,011,158 of foreign articles. +</p> +<p> + The receipts into the Treasury for the same period amounted to + $26,346,790.37, of which there was derived from customs $23,747,864.66, + from sales of public lands $2,498,335.20, and from incidental and + miscellaneous sources $100,570.51. The last fiscal year, during which + this amount was received, embraced five months under the operation of + the tariff act of 1842 and seven months during which the tariff act of + 1846 was in force. During the five months under the act of 1842 the + amount received from customs was $7,842,306.90, and during the seven + months under the act of 1846 the amount received was $15,905,557.76. +</p> +<p> + The net revenue from customs during the year ending on the 1st of + December, 1846, being the last year under the operation of the tariff + act of 1842, was $22,971,403.10, and the net revenue from customs during + the year ending on the 1st of December, 1847, being the first year under + the operations of the tariff act of 1846, was about $31,500,000, being + an increase of revenue for the first year under the tariff of 1846 of + more than $8,500,000 over that of the last year under the tariff of + 1842. +</p> +<p> + The expenditures during the fiscal year ending on the 30th of June last + were $59,451,177.65, of which $3,522,082.37 was on account of payment of + principal and interest of the public debt, including Treasury notes + redeemed and not funded. The expenditures exclusive of payment of public + debt were $55,929,095.28. +</p> +<p> + It is estimated that the receipts into the Treasury for the fiscal year + ending on the 30th of June, 1848, including the balance in the Treasury + on the 1st of July last, will amount to $42,886,545.80, of which + $31,000,000, it is estimated, will be derived from customs, $3,500,000 + from the sale of the public lands, $400,000 from incidental sources, + including sales made by the Solicitor of the Treasury, and $6,285,294.55 + from loans already authorized by law, which, together with the balance + in the Treasury on the 1st of July last, make the sum estimated. +</p> +<p> + The expenditures for the same period, if peace with Mexico shall not be + concluded and the Army shall be increased as is proposed, will amount, + including the necessary payments on account of principal and interest of + the public debt and Treasury notes, to $58,615,660.07. +</p> +<p> + On the 1st of the present month the amount of the public debt actually + incurred, including Treasury notes, was $45,659,659.40. The public debt + due on the 4th of March, 1845, including Treasury notes, was + $17,788,799.62, and consequently the addition made to the public debt + since that time is $27,870,859.78. +</p> +<p> + Of the loan of twenty-three millions authorized by the act of the 28th + of January, 1847, the sum of five millions was paid out to the public + creditors or exchanged at par for specie; the remaining eighteen + millions was offered for specie to the highest bidder not below par, by + an advertisement issued by the Secretary of the Treasury and published + from the 9th of February until the 10th of April, 1847, when it was + awarded to the several highest bidders at premiums varying from + one-eighth of 1 per cent to 2 per cent above par. The premium has been + paid into the Treasury and the sums awarded deposited in specie in the + Treasury as fast as it was required by the wants of the Government. +</p> +<p> + To meet the expenditures for the remainder of the present and for the + next fiscal year, ending on the 30th of June, 1849, a further loan in + aid of the ordinary revenues of the Government will be necessary. + Retaining a sufficient surplus in the Treasury, the loan required for + the remainder of the present fiscal year will be about $18,500,000. If + the duty on tea and coffee be imposed and the graduation of the price of + the public lands shall be made at an early period of your session, as + recommended, the loan for the present fiscal year may be reduced to + $17,000,000. The loan may be further reduced by whatever amount of + expenditures can be saved by military contributions collected in Mexico. + The most vigorous measures for the augmentation of these contributions + have been directed and a very considerable sum is expected from that + source. Its amount can not, however, be calculated with any certainty. + It is recommended that the loan to be made be authorized upon the same + terms and for the same time as that which was authorized under the + provisions of the act of the 28th of January, 1847. +</p> +<p> + Should the war with Mexico be continued until the 30th of June, 1849, it + is estimated that a further loan of $20,500,000 will be required for the + fiscal year ending on that day, in case no duty be imposed on tea and + coffee, and the public lands be not reduced and graduated in price, and + no military contributions shall be collected in Mexico. If the duty on + tea and coffee be imposed and the lands be reduced and graduated in + price as proposed, the loan may be reduced to $17,000,000, and will be + subject to be still further reduced by the amount of the military + contributions which may be collected in Mexico. It is not proposed, + however, at present to ask Congress for authority to negotiate this loan + for the next fiscal year, as it is hoped that the loan asked for the + remainder of the present fiscal year, aided by military contributions + which may be collected in Mexico, may be sufficient. If, contrary to + my expectation, there should be a necessity for it, the fact will be + communicated to Congress in time for their action during the present + session. In no event will a sum exceeding $6,000,000 of this amount be + needed before the meeting of the session of Congress in December, 1848. +</p> +<p> + The act of the 30th of July, 1846, "reducing the duties on imports," has + been in force since the 1st of December last, and I am gratified to + state that all the beneficial effects which were anticipated from its + operation have been fully realized. The public revenue derived from + customs during the year ending on the 1st of December, 1847, exceeds by + more than $8,000,000 the amount received in the preceding year under the + operation of the act of 1842, which was superseded and repealed by it. + Its effects are visible in the great and almost unexampled prosperity + which prevails in every branch of business. +</p> +<p> + While the repeal of the prohibitory and restrictive duties of the act of + 1842 and the substitution in their place of reasonable revenue rates + levied on articles imported according to their actual value has + increased the revenue and augmented our foreign trade, all the great + interests of the country have been advanced and promoted. +</p> +<p> + The great and important interests of agriculture, which had been not + only too much neglected, but actually taxed under the protective policy + for the benefit of other interests, have been relieved of the burdens + which that policy imposed on them; and our farmers and planters, under a + more just and liberal commercial policy, are finding new and profitable + markets abroad for their augmented products. Our commerce is rapidly + increasing, and is extending more widely the circle of international + exchanges. Great as has been the increase of our imports during the past + year, our exports of domestic products sold in foreign markets have been + still greater. +</p> +<p> + Our navigating interest is eminently prosperous. The number of vessels + built in the United States has been greater than during any preceding + period of equal length. Large profits have been derived by those who + have constructed as well as by those who have navigated them. Should the + ratio of increase in the number of our merchant vessels be progressive, + and be as great for the future as during the past year, the time is not + distant when our tonnage and commercial marine will be larger than that + of any other nation in the world. +</p> +<p> + Whilst the interests of agriculture, of commerce, and of navigation have + been enlarged and invigorated, it is highly gratifying to observe that + our manufactures are also in a prosperous condition. None of the ruinous + effects upon this interest which were apprehended by some as the result + of the operation of the revenue system established by the act of 1846 + have been experienced. On the contrary, the number of manufactories and + the amount of capital invested in them is steadily and rapidly + increasing, affording gratifying proofs that American enterprise and + skill employed in this branch of domestic industry, with no other + advantages than those fairly and incidentally accruing from a just + system of revenue duties, are abundantly able to meet successfully all + competition from abroad and still derive fair and remunerating profits. + While capital invested in manufactures is yielding adequate and fair + profits under the new system, the wages of labor, whether employed in + manufactures, agriculture, commerce, or navigation, have been augmented. + The toiling millions whose daily labor furnishes the supply of food and + raiment and all the necessaries and comforts of life are receiving + higher wages and more steady and permanent employment than in any other + country or at any previous period of our own history. +</p> +<p> + So successful have been all branches of our industry that a foreign war, + which generally diminishes the resources of a nation, has in no + essential degree retarded our onward progress or checked our general + prosperity. +</p> +<p> + With such gratifying evidences of prosperity and of the successful + operation of the revenue act of 1846, every consideration of public + policy recommends that it shall remain unchanged. It is hoped that the + system of impost duties which it established may be regarded as the + permanent policy of the country, and that the great interests affected + by it may not again be subject to be injuriously disturbed, as they have + heretofore been, by frequent and sometimes sudden changes. +</p> +<p> + For the purpose of increasing the revenue, and without changing or + modifying the rates imposed by the act of 1846 on the dutiable articles + embraced by its provisions, I again recommend to your favorable + consideration the expediency of levying a revenue duty on tea and + coffee. The policy which exempted these articles from duty during peace, + and when the revenue to be derived from them was not needed, ceases to + exist when the country is engaged in war and requires the use of all + of its available resources. It is a tax which would be so generally + diffused among the people that it would be felt oppressively by none and + be complained of by none. It is believed that there are not in the list + of imported articles any which are more properly the subject of war + duties than tea and coffee. +</p> +<p> + It is estimated that $3,000,000 would be derived annually by a moderate + duty imposed on these articles. +</p> +<p> + Should Congress avail itself of this additional source of revenue, not + only would the amount of the public loan rendered necessary by the war + with Mexico be diminished to that extent, but the public credit and the + public confidence in the ability and determination of the Government to + meet all its engagements promptly would be more firmly established, and + the reduced amount of the loan which it may be necessary to negotiate + could probably be obtained at cheaper rates. +</p> +<p> + Congress is therefore called upon to determine whether it is wiser to + impose the war duties recommended or by omitting to do so increase the + public debt annually $3,000,000 so long as loans shall be required to + prosecute the war, and afterwards provide in some other form to pay the + semiannual interest upon it, and ultimately to extinguish the principal. + If in addition to these duties Congress should graduate and reduce the + price of such of the public lands as experience has proved will not + command the price placed upon them by the Government, an additional + annual income to the Treasury of between half a million and a million of + dollars, it is estimated, would be derived from this source. Should both + measures receive the sanction of Congress, the annual amount of public + debt necessary to be contracted during the continuance of the war would + be reduced near $4,000,000. The duties recommended to be levied on tea + and coffee it is proposed shall be limited in their duration to the end + of the war, and until the public debt rendered necessary to be + contracted by it shall be discharged. The amount of the public debt to + be contracted should be limited to the lowest practicable sum, and + should be extinguished as early after the conclusion of the war as the + means of the Treasury will permit. +</p> +<p> + With this view, it is recommended that as soon as the war shall be over + all the surplus in the Treasury not needed for other indispensable + objects shall constitute a sinking fund and be applied to the purchase + of the funded debt, and that authority be conferred by laws for that + purpose. +</p> +<p> + The act of the 6th of August, 1846, "to establish a warehousing system," + has been in operation more than a year, and has proved to be an + important auxiliary to the tariff act of 1846 in augmenting the revenue + and extending the commerce of the country. Whilst it has tended to + enlarge commerce, it has been beneficial to our manufactures by + diminishing forced sales at auction of foreign goods at low prices to + raise the duties to be advanced on them, and by checking fluctuations in + the market. The system, although sanctioned by the experience of other + countries, was entirely new in the United States, and is susceptible of + improvement in some of its provisions. The Secretary of the Treasury, + upon whom was devolved large discretionary powers in carrying this + measure into effect, has collected and is now collating the practical + results of the system in other countries where it has long been + established, and will report at an early period of your session such + further regulations suggested by the investigation as may render it + still more effective and beneficial. +</p> +<p> + By the act to "provide for the better organization of the Treasury and + for the collection, safe-keeping, and disbursement of the public + revenue" all banks were discontinued as fiscal agents of the Government, + and the paper currency issued by them was no longer permitted to be + received in payment of public dues. The constitutional treasury created + by this act went into operation on the 1st of January last. Under the + system established by it the public moneys have been collected, safely + kept, and disbursed by the direct agency of officers of the Government + in gold and silver, and transfers of large amounts have been made from + points of collection to points of disbursement without loss to the + Treasury or injury or inconvenience to the trade of the country. +</p> +<p> + While the fiscal operations of the Government have been conducted with + regularity and ease under this system, it has had a salutary effect in + checking and preventing an undue inflation of the paper currency issued + by the banks which exist under State charters. Requiring, as it does, + all dues to the Government to be paid in gold and silver, its effect is + to restrain excessive issues of bank paper by the banks disproportioned + to the specie in their vaults, for the reason that they are at all times + liable to be called on by the holders of their notes for their + redemption in order to obtain specie for the payment of duties and other + public dues. The banks, therefore, must keep their business within + prudent limits, and be always in a condition to meet such calls, or run + the hazard of being compelled to suspend specie payments and be thereby + discredited. The amount of specie imported into the United States during + the last fiscal year was $24,121,289, of which there was retained in the + country $22,276,170. Had the former financial system prevailed and the + public moneys been placed on deposit in the banks, nearly the whole of + this amount would have gone into their vaults, not to be thrown into + circulation by them, but to be withheld from the hands of the people as + a currency and made the basis of new and enormous issues of bank paper. + A large proportion of the specie imported has been paid into the + Treasury for public dues, and after having been to a great extent + recoined at the Mint has been paid out to the public creditors and gone + into circulation as a currency among the people. The amount of gold and + silver coin now in circulation in the country is larger than at any + former period. +</p> +<p> + The financial system established by the constitutional treasury has been + thus far eminently successful in its operations, and I recommend an + adherence to all its essential provisions, and especially to that vital + provision which wholly separates the Government from all connection with + banks and excludes bank paper from all revenue receipts. +</p> +<p> + In some of its details, not involving its general principles, the system + is defective and will require modification. These defects and such + amendments as are deemed important were set forth in the last annual + report of the Secretary of the Treasury. These amendments are again + recommended to the early and favorable consideration of Congress. +</p> +<p> + During the past year the coinage at the Mint and its branches has + exceeded $20,000,000. This has consisted chiefly in converting the coins + of foreign countries into American coin. +</p> +<p> + The largest amount of foreign coin imported has been received at New + York, and if a branch mint were established at that city all the foreign + coin received at that port could at once be converted into our own coin + without the expense, risk, and delay of transporting it to the Mint for + that purpose, and the amount recoined would be much larger. +</p> +<p> + Experience has proved that foreign coin, and especially foreign gold + coin, will not circulate extensively as a currency among the people. The + important measure of extending our specie circulation, both of gold and + silver, and of diffusing it among the people can only be effected by + converting such foreign coin into American coin. I repeat the + recommendation contained in my last annual message for the establishment + of a branch of the Mint of the United States at the city of New York. +</p> +<p> + All the public lands which had been surveyed and were ready for market + have been proclaimed for sale during the past year. The quantity offered + and to be offered for sale under proclamations issued since the 1st of + January last amounts to 9,138,531 acres. The prosperity of the Western + States and Territories in which these lands lie will be advanced by + their speedy sale. By withholding them from market their growth and + increase of population would be retarded, while thousands of our + enterprising and meritorious frontier population would be deprived of + the opportunity of securing freeholds for themselves and their families. + But in addition to the general considerations which rendered the early + sale of these lands proper, it was a leading object at this time to + derive as large a sum as possible from this source, and thus diminish by + that amount the public loan rendered necessary by the existence of a + foreign war. +</p> +<p> + It is estimated that not less than 10,000,000 acres of the public lands + will be surveyed and be in a condition to be proclaimed for sale during + the year 1848. +</p> +<p> + In my last annual message I presented the reasons which in my judgment + rendered it proper to graduate and reduce the price of such of the + public lands as have remained unsold for long periods after they had + been offered for sale at public auction. +</p> +<p> + Many millions of acres of public lands lying within the limits of + several of the Western States have been offered in the market and been + subject to sale at private entry for more than twenty years and large + quantities for more than thirty years at the lowest price prescribed by + the existing laws, and it has been found that they will not command that + price. They must remain unsold and uncultivated for an indefinite period + unless the price demanded for them by the Government shall be reduced. + No satisfactory reason is perceived why they should be longer held at + rates above their real value. At the present period an additional reason + exists for adopting the measure recommended. When the country is engaged + in a foreign war, and we must necessarily resort to loans, it would seem + to be the dictate of wisdom that we should avail ourselves of all our + resources and thus limit the amount of the public indebtedness to the + lowest possible sum. +</p> +<p> + I recommend that the existing laws on the subject of preemption rights + be amended and modified so as to operate prospectively and to embrace + all who may settle upon the public lands and make improvements upon + them, before they are surveyed as well as afterwards, in all cases where + such settlements may be made after the Indian title shall have been + extinguished. +</p> +<p> + If the right of preemption be thus extended, it will embrace a large and + meritorious class of our citizens. It will increase the number of small + freeholders upon our borders, who will be enabled thereby to educate + their children and otherwise improve their condition, while they will be + found at all times, as they have ever proved themselves to be in the + hour of danger to their country, among our hardiest and best volunteer + soldiers, ever ready to attend to their services in cases of emergencies + and among the last to leave the field as long as an enemy remains to be + encountered. Such a policy will also impress these patriotic pioneer + emigrants with deeper feelings of gratitude for the parental care of + their Government, when they find their dearest interests secured to them + by the permanent laws of the land and that they are no longer in danger + of losing their homes and hard-earned improvements by being brought into + competition with a more wealthy class of purchasers at the land sales. +</p> +<p> + The attention of Congress was invited at their last and the preceding + session to the importance of establishing a Territorial government over + our possessions in Oregon, and it is to be regretted that there was no + legislation on the subject. Our citizens who inhabit that distant region + of country are still left without the protection of our laws, or any + regularly organized government. Before the question of limits and + boundaries of the Territory of Oregon was definitely settled, from the + necessity of their condition the inhabitants had established a temporary + government of their own. Besides the want of legal authority for + continuing such a government, it is wholly inadequate to protect them in + their rights of person and property, or to secure to them the enjoyment + of the privileges of other citizens, to which they are entitled under + the Constitution of the United States. They should have the right of + suffrage, be represented in a Territorial legislature and by a Delegate + in Congress, and possess all the rights and privileges which citizens of + other portions of the territories of the United States have heretofore + enjoyed or may now enjoy. +</p> +<p> + Our judicial system, revenue laws, laws regulating trade and intercourse + with the Indian tribes, and the protection of our laws generally should + be extended over them. +</p> +<p> + In addition to the inhabitants in that Territory who had previously + emigrated to it, large numbers of our citizens have followed them during + the present year, and it is not doubted that during the next and + subsequent years their numbers will be greatly increased. +</p> +<p> + Congress at its last session established post routes leading to Oregon, + and between different points within that Territory, and authorized the + establishment of post-offices at "Astoria and such other places on the + coasts of the Pacific within the territory of the United States as the + public interests may require." Post-offices have accordingly been + established, deputy postmasters appointed, and provision made for the + transportation of the mails. +</p> +<p> + The preservation of peace with the Indian tribes residing west of the + Rocky Mountains will render it proper that authority should be given by + law for the appointment of an adequate number of Indian agents to reside + among them. +</p> +<p> + I recommend that a surveyor-general's office be established in that + Territory, and that the public lands be surveyed and brought into market + at an early period. +</p> +<p> + I recommend also that grants, upon liberal terms, of limited quantities + of the public lands be made to all citizens of the United States who + have emigrated, or may hereafter within a prescribed period emigrate, to + Oregon and settle upon them. These hardy and adventurous citizens, who + have encountered the dangers and privations of a long and toilsome + journey, and have at length found an abiding place for themselves and + their families upon the utmost verge of our western limits, should be + secured in the homes which they have improved by their labor. +</p> +<p> + I refer you to the accompanying report of the Secretary of War for a + detailed account of the operations of the various branches of the public + service connected with the Department under his charge. The duties + devolving on this Department have been unusually onerous and responsible + during the past year, and have been discharged with ability and success. +</p> +<p> + Pacific relations continue to exist with the various Indian tribes, and + most of them manifest a strong friendship for the United States. Some + depredations were committed during the past year upon our trains + transporting supplies for the Army, on the road between the western + border of Missouri and Santa Fe. These depredations, which are supposed + to have been committed by bands from the region of New Mexico, have been + arrested by the presence of a military force ordered out for that + purpose. Some outrages have been perpetrated by a portion of the + northwestern bands upon the weaker and comparatively defenseless + neighboring tribes. Prompt measures were taken to prevent such + occurrences in future. +</p> +<p> + Between 1,000 and 2,000 Indians, belonging to several tribes, have been + removed during the year from the east of the Mississippi to the country + allotted to them west of that river as their permanent home, and + arrangements have been made for others to follow. +</p> +<p> + Since the treaty of 1846 with the Cherokees the feuds among them appear + to have subsided, and they have become more united and contented than + they have been for many years past. The commissioners appointed in + pursuance of the act of June 27, 1846, to settle claims arising under + the treaty of 1835-36 with that tribe have executed their duties, and + after a patient investigation and a full and fair examination of all the + cases brought before them closed their labors in the month of July last. + This is the fourth board of commissioners which has been organized under + this treaty. Ample opportunity has been afforded to all those interested + to bring forward their claims. No doubt is entertained that impartial + justice has been done by the late board, and that all valid claims + embraced by the treaty have been considered and allowed. This result and + the final settlement to be made with this tribe under the treaty of + 1846, which will be completed and laid before you during your session, + will adjust all questions of controversy between them and the United + States and produce a state of relations with them simple, well defined, + and satisfactory. +</p> +<p> + Under the discretionary authority conferred by the act of the 3d of + March last the annuities due to the various tribes have been paid during + the present year to the heads of families instead of to their chiefs or + such persons as they might designate, as required by the law previously + existing. This mode of payment has given general satisfaction to the + great body of the Indians. Justice has been done to them, and they are + grateful to the Government for it. A few chiefs and interested persons + may object to this mode of payment, but it is believed to be the only + mode of preventing fraud and imposition from being practiced upon the + great body of common Indians, constituting a majority of all the tribes. +</p> +<p> + It is gratifying to perceive that a number of the tribes have recently + manifested an increased interest in the establishment of schools among + them, and are making rapid advances in agriculture, some of them + producing a sufficient quantity of food for their support and in some + cases a surplus to dispose of to their neighbors. The comforts by which + those who have received even a very limited education and have engaged + in agriculture are surrounded tend gradually to draw off their less + civilized brethren from the precarious means of subsistence by the chase + to habits of labor and civilization. +</p> +<p> + The accompanying report of the Secretary of the Navy presents a + satisfactory and gratifying account of the condition and operations of + the naval service during the past year. Our commerce has been pursued + with increased activity and with safety and success in every quarter of + the globe under the protection of our flag, which the Navy has caused to + be respected in the most distant seas. +</p> +<p> + In the Gulf of Mexico and in the Pacific the officers and men of our + squadrons have displayed distinguished gallantry and performed valuable + services. In the early stages of the war with Mexico her ports on both + coasts were blockaded, and more recently many of them have been captured + and held by the Navy. When acting in cooperation with the land forces, + the naval officers and men have performed gallant and distinguished + services on land as well as on water, and deserve the high commendation + of the country. +</p> +<p> + While other maritime powers are adding to their navies large numbers of + war steamers, it was a wise policy on our part to make similar additions + to our Navy. The four war steamers authorized by the act of the 3d of + March, 1847, are in course of construction. +</p> +<p> + In addition to the four war steamers authorized by this act, the + Secretary of the Navy has, in pursuance of its provisions, entered into + contracts for the construction of five steamers to be employed in the + transportation of the United States mail "from New York to New Orleans, + touching at Charleston, Savannah, and Havana, and from Havana to + Chagres;" for three steamers to be employed in like manner from Panama + to Oregon, "so as to connect with the mail from Havana to Chagres across + the Isthmus;" and for five steamers to be employed in like manner from + New York to Liverpool. These steamers will be the property of the + contractors, but are to be built "under the superintendence and + direction of a naval constructor in the employ of the Navy Department, + and to be so constructed as to render them convertible at the least + possible expense into war steamers of the first class." A prescribed + number of naval officers, as well as a post-office agent, are to be on + board of them, and authority is reserved to the Navy Department at all + times to "exercise control over said steamships" and "to have the right + to take them for the exclusive use and service of the United States upon + making proper compensation to the contractors therefor." +</p> +<p> + Whilst these steamships will be employed in transporting the mails of + the United States coastwise and to foreign countries upon an annual + compensation to be paid to the owners, they will be always ready, upon + an emergency requiring it, to be converted into war steamers; and the + right reserved to take them for public use will add greatly to the + efficiency and strength of this description of our naval force. To the + steamers authorized under contracts made by the Secretary of the Navy + should be added five other steamers authorized under contracts made in + pursuance of laws by the Postmaster-General, making an addition, in the + whole, of eighteen war steamers subject to be taken for public use. As + further contracts for the transportation of the mail to foreign + countries may be authorized by Congress, this number may be enlarged + indefinitely. +</p> +<p> + The enlightened policy by which a rapid communication with the various + distant parts of the globe is established, by means of American-built + sea steamers, would find an ample reward in the increase of our commerce + and in making our country and its resources more favorably known abroad; + but the national advantage is still greater—of having our naval + officers made familiar with steam navigation and of having the privilege + of taking the ships already equipped for immediate service at a moment's + notice, and will be cheaply purchased by the compensation to be paid for + the transportation of the mail in them over and above the postages + received. +</p> +<p> + A just national pride, no less than our commercial interests, would Seem + to favor the policy of augmenting the number of this description of + vessels. They can be built in our country cheaper and in greater numbers + than in any other in the world. +</p> +<p> + I refer you to the accompanying report of the Postmaster-General for a + detailed and satisfactory account of the condition and operations of + that Department during the past year. It is gratifying to find that + within so short a period after the reduction in the rates of postage, + and notwithstanding the great increase of mail service, the revenue + received for the year will be sufficient to defray all the expenses, and + that no further aid will be required from the Treasury for that purpose. +</p> +<p> + The first of the American mail steamers authorized by the act of the 3d + of March, 1845, was completed and entered upon the service on the 1st of + June last, and is now on her third voyage to Bremen and other + intermediate ports. The other vessels authorized under the provisions of + that act are in course of construction, and will be put upon the line as + soon as completed. Contracts have also been made for the transportation + of the mail in a steamer from Charleston to Havana. +</p> +<p> + A reciprocal and satisfactory postal arrangement has been made by the + Postmaster-General with the authorities of Bremen, and no difficulty is + apprehended in making similar arrangements with all other powers with + which we may have communications by mail steamers, except with Great + Britain. +</p> +<p> + On the arrival of the first of the American steamers bound to Bremen at + Southampton, in the month of June last, the British post-office directed + the collection of discriminating postages on all letters and other + mailable matter which she took out to Great Britain or which went into + the British post-office on their way to France and other parts of + Europe. The effect of the order of the British post-office is to subject + all letters and other matter transported by American steamers to double + postage, one postage having been previously paid on them to the United + States, while letters transported in British steamers are subject to pay + but a single postage. This measure was adopted with the avowed object of + protecting the British line of mail steamers now running between Boston + and Liverpool, and if permitted to continue must speedily put an end to + the transportation of all letters and other matter by American steamers + and give to British steamers a monopoly of the business. A just and fair + reciprocity is all that we desire, and on this we must insist. By our + laws no such discrimination is made against British steamers bringing + letters into our ports, but all letters arriving in the United States + are subject to the same rate of postage, whether brought in British or + American vessels. I refer you to the report of the Postmaster-General + for a full statement of the facts of the case and of the steps taken by + him to correct this inequality. He has exerted all the power conferred + upon him by the existing laws. +</p> +<p> + The minister of the United States at London has brought the subject to + the attention of the British Government, and is now engaged in + negotiations for the purpose of adjusting reciprocal postal arrangements + which shall be equally just to both countries. Should he fail in + concluding such arrangements, and should Great Britain insist on + enforcing the unequal and unjust measure she has adopted, it will become + necessary to confer additional powers on the Postmaster-General in order + to enable him to meet the emergency and to put our own steamers on an + equal footing with British steamers engaged in transporting the mails + between the two countries, and I recommend that such powers be + conferred. +</p> +<p> + In view of the existing state of our country, I trust it may not be + inappropriate, in closing this communication, to call to mind the words + of wisdom and admonition of the first and most illustrious of my + predecessors in his Farewell Address to his countrymen. +</p> +<p> + That greatest and best of men, who served his country so long and loved + it so much, foresaw with "serious concern" the danger to our Union of + "characterizing parties by <i>geographical</i> discriminations—<i>Northern</i> + and <i>Southern</i>, <i>Atlantic</i> and <i>Western</i>—whence designing men may + endeavor to excite a belief that there is a real difference of local + interests and views," and warned his countrymen against it. +</p> +<p> + So deep and solemn was his conviction of the importance of the Union and + of preserving harmony between its different parts, that he declared to + his countrymen in that address: +</p> +<p class="q"> + It is of infinite moment that you should properly estimate the immense + value of your national union to your collective and individual + happiness; that you should cherish a cordial, habitual, and immovable + attachment to it; accustoming yourselves to think and speak of it as of + the palladium of your political safety and prosperity; watching for its + preservation with jealous anxiety; discountenancing whatever may suggest + even a suspicion that it can in any event be abandoned, and indignantly + frowning upon the first dawning of every attempt to alienate any portion + of our country from the rest or to enfeeble the sacred ties which now + link together the various parts. +</p> +<p> + After the lapse of half a century these admonitions of Washington fall + upon us with all the force of truth. It <i>is</i> difficult to estimate the + "immense value" of our glorious Union of confederated States, to which + we are so much indebted for our growth in population and wealth and for + all that constitutes us a great and a happy nation. How unimportant are + all our differences of opinion upon minor questions of public policy + compared with its preservation, and how scrupulously should we avoid all + agitating topics which may tend to distract and divide us into + contending parties, separated by geographical lines, whereby it may be + weakened or endangered. +</p> +<p> + Invoking the blessing of the Almighty Ruler of the Universe upon your + deliberations, it will be my highest duty, no less than my sincere + pleasure, to cooperate with you in all measures which may tend to + promote the honor and enduring welfare of our common country. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0014"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 20, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for their consideration and advice + with regard to its ratification, a convention between the United States + and the Swiss Confederation, signed in this city by their respective + plenipotentiaries on the 18th day of May last, for the mutual abolition + of the <i>droit d'aubaine</i> and of taxes on emigration. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 21, 1847</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit herewith, for the consideration and constitutional action of + the Senate, two treaties with the Chippewa Indians of Lake Superior and + the Upper Mississippi, for a portion of the lands possessed by those + Indians west of the Mississippi River. The treaties are accompanied by + communications from the Secretary of War and Commissioner of Indian + Affairs, which fully explain their nature and objects. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 22, 1847</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I communicate herewith a report of the Secretary of the Navy, containing + a statement of the measures which have been taken in execution of the + act of 3d March last, relating to the construction of floating dry docks + at Pensacola, Philadelphia, and Kittery. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 4, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, with + accompanying documents, being in addition to a report made on the 27th + of February, 1847, in answer to a resolution of the House of + Representatives of the 1st of that month, requesting the President "to + communicate to the House of Representatives all the correspondence with + General Taylor since the commencement of hostilities with Mexico which + has not yet been published, and the publication of which may not be + deemed detrimental to the public service; also the correspondence of the + Quartermaster-General in relation to transportation for General Taylor's + Army; also the reports of Brigadier-Generals Hamer and Quitman of the + operations of their respective brigades on the 21st of September last" + (1846). +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 12, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I have carefully considered the resolution of the House of + Representatives of the 4th instant, requesting the President to + communicate to that House "any instructions which may have been given to + any of the officers of the Army or Navy of the United States, or other + persons, in regard to the return of President General Lopez de Santa + Anna, or any other Mexican, to the Republic of Mexico prior or + subsequent to the order of the President or Secretary of War issued in + January, 1846, for the march of the Army from the Nueces River, across + the 'stupendous deserts' which intervene, to the Rio Grande; that the + date of all such instructions, orders, and correspondence be set forth, + together with the instructions and orders issued to Mr. Slidell at any + time prior or subsequent to his departure for Mexico as minister + plenipotentiary of the United States to that Republic;" and requesting + the President also to "communicate all the orders and correspondence of + the Government in relation to the return of General Paredes to Mexico." +</p> +<p> + I transmit herewith reports from the Secretary of State, the Secretary + of War, and the Secretary of the Navy, with the documents accompanying + the same, which contain all the information in the possession of the + Executive which it is deemed compatible with the public interests to + communicate. +</p> +<p> + For further information relating to the return of Santa Anna to Mexico I + refer you to my annual message of December 8, 1846. The facts and + considerations stated in that message induced the order of the Secretary + of the Navy to the commander of our squadron in the Gulf of Mexico a + copy of which is herewith communicated. This order was issued + simultaneously with the order to blockade the coasts of Mexico, both + bearing date the 13th of May, 1846, the day on which the existence of + the war with Mexico was recognized by Congress. It was issued solely + upon the views of policy presented in that message, and without any + understanding on the subject, direct or indirect, with Santa Anna or any + other person. +</p> +<p> + General Paredes evaded the vigilance of our combined forces by land and + sea, and made his way back to Mexico from the exile into which he had + been driven, landing at Vera Cruz after that city and the castle of San + Juan de Ulloa were in our military occupation, as will appear from the + accompanying reports and documents. +</p> +<p> + The resolution calls for the "instructions and orders issued to Mr. + Slidell at any time prior or subsequent to his departure for Mexico as + minister plenipotentiary of the United States to that Republic." The + customary and usual reservation contained in calls of either House of + Congress upon the Executive for information relating to our intercourse + with foreign nations has been omitted in the resolution before me. The + call of the House is unconditional. It is that the information requested + be communicated, and thereby be made public, whether in the opinion of + the Executive (who is charged by the Constitution with the duty of + conducting negotiations with foreign powers) such information, when + disclosed, would be prejudicial to the public interest or not. It has + been a subject of serious deliberation with me whether I could, + consistently with my constitutional duty and my sense of the public + interests involved and to be affected by it, violate an important + principle, always heretofore held sacred by my predecessors, as I should + do by a compliance with the request of the House. President Washington, + in a message to the House of Representatives of the 30th of March, 1796, + declined to comply with a request contained in a resolution of that + body, to lay before them "a copy of the instructions to the minister of + the United States who negotiated the treaty with the King of Great + Britain, together with the correspondence and other documents relative + to that treaty, excepting such of the said papers as any existing + negotiation may render improper to be disclosed." In assigning his + reasons for declining to comply with the call he declared that— +</p> +<p class="q"> + The nature of foreign negotiations requires caution, and their success + must often depend on secrecy; and even when brought to a conclusion a + full disclosure of all the measures, demands, or eventual concessions + which may have been proposed or contemplated would be extremely + impolitic; for this might have a pernicious influence on future + negotiations, or produce immediate inconveniences, perhaps danger and + mischief, in relation to other powers. The necessity of such caution and + secrecy was one cogent reason for vesting the power of making treaties + in the President, with the advice and consent of the Senate, the + principle on which that body was formed confining it to a small number + of members. To admit, then, a right in the House of Representatives to + demand and to have as a matter of course all the papers respecting a + negotiation with a foreign power would be to establish a dangerous + precedent. +</p> +<p> + In that case the instructions and documents called for related to a + treaty which had been concluded and ratified by the President and + Senate, and the negotiations in relation to it had been terminated. + There was an express reservation, too, "excepting" from the call all + such papers as related to "any existing negotiations" which it might be + improper to disclose. In that case President Washington deemed it to be + a violation of an important principle, the establishment of a "dangerous + precedent," and prejudicial to the public interests to comply with the + call of the House. Without deeming it to be necessary on the present + occasion to examine or decide upon the other reasons assigned by him for + his refusal to communicate the information requested by the House, the + one which is herein recited is in my judgment conclusive in the case + under consideration. +</p> +<p> + Indeed, the objections to complying with the request of the House + contained in the resolution before me are much stronger than those which + existed in the case of the resolution in 1796. This resolution calls for + the "instructions and orders" to the minister of the United States to + Mexico which relate to negotiations which have not been terminated, and + which may be resumed. The information called for respects negotiations + which the United States offered to open with Mexico immediately + preceding the commencement of the existing war. The instructions given + to the minister of the United States relate to the differences between + the two countries out of which the war grew and the terms of adjustment + which we were prepared to offer to Mexico in our anxiety to prevent the + war. These differences still remain unsettled, and to comply with the + call of the House would be to make public through that channel, and to + communicate to Mexico, now a public enemy engaged in war, information + which could not fail to produce serious embarrassment in any future + negotiation between the two countries. I have heretofore communicated to + Congress all the correspondence of the minister of the United States to + Mexico which in the existing state of our relations with that Republic + can, in my judgment, be at this time communicated without serious injury + to the public interest. +</p> +<p> + Entertaining this conviction, and with a sincere desire to furnish any + information which may be in possession of the executive department, and + which either House of Congress may at any time request, I regard it to + be my constitutional right and my solemn duty under the circumstances of + this case to decline a compliance with the request of the House + contained in their resolution. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 21, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, a declaration + of the Government of the Grand Duchy of Mecklenburg-Schwerin, bearing + date at the city of Schwerin on the 9th December, 1847, acceding + substantially to the stipulations of our treaty of commerce and + navigation with Hanover of the 10th June, 1846. +</p> +<p> + Under the twelfth article of this treaty— +</p> +<p class="q"> + The United States agree to extend all the advantages and privileges + contained in the stipulations of the present treaty to one or more of + the other States of the Germanic Confederation which may wish to accede + to them, by means of an official exchange of declarations, provided that + such State or States shall confer similar favors upon the said United + States to those conferred by the Kingdom of Hanover, and observe and be + subject to the same conditions, stipulations, and obligations. +</p> +<p> + This declaration of the Grand Duchy of Mecklenburg-Schwerin is submitted + to the Senate, because in its eighth and eleventh articles it is not the + same in terms with the corresponding articles of our treaty with + Hanover. The variations, however, are deemed unimportant, while the + admission of our "paddy," or rice in the husk, into Mecklenburg-Schwerin + free of import duty is an important concession not contained in the + Hanoverian treaty. Others might be mentioned, which will appear upon + inspection. Still, as the stipulations in the two articles just + mentioned in the declaration are not the same as those contained in the + corresponding articles of our treaty with Hanover, I deem it proper to + submit this declaration to the Senate for their consideration before + issuing a proclamation to give it effect. +</p> +<p> + I also communicate a dispatch from the special agent on the part of the + United States, which accompanied the declaration. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 24, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the request of the Senate in their resolution of the + 13th instant, I herewith communicate a report from the Secretary of War, + with the accompanying correspondence, containing the information called + for, in relation to forced contributions in Mexico. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 31, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War, containing the + information called for in the resolution of the Senate of the 20th + instant, in relation to General Orders, No. 376,<a href="#note-16"><small>16</small></a> issued by General + Scott at headquarters, Mexico, bearing date the 15th December last. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 31, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, with the + accompanying documents, in answer to the resolution of the Senate of the + 24th instant, requesting to be furnished with "copies of the letters, + reports, or other communications which are referred to in the letter + of General Zachary Taylor dated at New Orleans, 20th July, 1845, and + addressed to the Secretary of War, and which are so referred to as + containing the views of General Taylor, previously communicated, in + regard to the line proper to be occupied at that time by the troops of + the United States; and any similar communication from any officer of the + Army on the same subject." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 2, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to a resolution of the Senate of the 13th January, 1848, + calling for information on the subject of the negotiation between the + commissioner of the United States and the commissioners of Mexico during + the suspension of hostilities after the battles of Contreras and + Churubusco, I transmit a report from the Secretary of State and the + documents which accompany it. +</p> +<p> + I deem it proper to add that the invitation from the commissioner of the + United States to submit the proposition of boundary referred to in his + dispatch (No. 15) of the 4th of September, 1847, herewith communicated, + was unauthorized by me, and was promptly disapproved; and this + disapproval was communicated to the commissioner of the United States + with the least possible delay. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 3, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with the request of the House of Representatives contained + in their resolution of the 31st of January, 1848, I communicate herewith + a report of the Secretary of War, transmitting "a copy of General + Taylor's answer<a href="#note-17"><small>17</small></a> to the letter dated January 27, 1847," addressed to + him by the Secretary of War. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 8, 1848</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 + 31st January last, I communicate herewith the report of the Secretary of + State, accompanied by "the documents and correspondence not already + published relating to the final adjustment of the difficulties between + Great Britain and the United States concerning rough rice and paddy." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 10, 1848</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 + to be informed whether "any taxes, duties, or imposts" have been "laid + and collected upon goods and merchandise belonging to citizens of the + United States exported by such citizens from the United States to + Mexico, and, if so, what is the rate of such duties, and what amount has + been collected, and also by what authority of law the same have been + laid and collected," I refer the Senate to my annual message of the 7th + of December last, in which I informed Congress that orders had been + given to our military and naval commanders in Mexico to adopt the + policy, as far as practicable, of levying military contributions upon + the enemy for the support of our Army. +</p> +<p> + As one of the modes adopted for levying such contributions, it was + stated in that message that— +</p> +<p class="q"> + On the 31st of March last I caused an order to be issued to our military + and naval commanders to levy and collect a military contribution upon + all vessels and merchandise which might enter any of the ports of Mexico + in our military occupation, and to apply such contributions toward + defraying the expenses of the war. By virtue of the right of conquest + and the laws of war, the conqueror, consulting his own safety or + convenience, may either exclude foreign commerce altogether from all + such ports or permit it upon such terms and conditions as he may + prescribe. Before the principal ports of Mexico were blockaded by our + Navy the revenue derived from import duties under the laws of Mexico was + paid into the Mexican treasury. After these ports had fallen into our + military possession the blockade was raised and commerce with them + permitted upon prescribed terms and conditions. They were opened to the + trade of all nations upon the payment of duties more moderate in their + amount than those which had been previously levied by Mexico, and the + revenue, which was formerly paid into the Mexican treasury, was directed + to be collected by our military and naval officers and applied to the + use of our Army and Navy. Care was taken that the officers, soldiers, + and sailors of our Army and Navy should be exempted from the operations + of the order, and, as the merchandise imported upon which the order + operated must be consumed by Mexican citizens, the contributions exacted + were in effect the seizure of the public revenues of Mexico and the + application of them to our own use. In directing this measure the object + was to compel the enemy to contribute as far as practicable toward the + expenses of the war. +</p> +<p> + A copy of the order referred to, with the documents accompanying it, has + been communicated to Congress. +</p> +<p> + The order operated upon the vessels and merchandise of all nations, + whether belonging to citizens of the United States or to foreigners, + arriving in any of the ports in Mexico in our military occupation. The + contributions levied were a tax upon Mexican citizens, who were the + consumers of the merchandise imported. But for the permit or license + granted by the order all vessels and merchandise belonging to citizens + of the United States were necessarily excluded from all commerce with + Mexico from the commencement of the war. The coasts and ports of Mexico + were ordered to be placed under blockade on the day Congress declared + the war to exist, and by the laws of nations the blockade applied to the + vessels of the United States as well as to the vessels of all other + nations. Had no blockade been declared, or had any of our merchant + vessels entered any of the ports of Mexico not blockaded, they would + have been liable to be seized and condemned as lawful prize by the + Mexican authorities. When the order was issued, it operated as a + privilege to the vessels of the United States as well as to those of + foreign countries to enter the ports held by our arms upon prescribed + terms and conditions. It was altogether optional with citizens of the + United States and foreigners to avail themselves of the privileges + granted upon the terms prescribed. +</p> +<p> + Citizens of the United States and foreigners have availed themselves of + these privileges. +</p> +<p> + No principle is better established than that a nation at war has the + right of shifting the burden off itself and imposing it on the enemy by + exacting military contributions. The mode of making such exactions must + be left to the discretion of the conqueror, but it should be exercised + in a manner conformable to the rules of civilized warfare. +</p> +<p> + The right to levy these contributions is essential to the successful + prosecution of war in an enemy's country, and the practice of nations + has been in accordance with this principle. It is as clearly necessary + as the right to fight battles, and its exercise is often essential to + the subsistence of the army. +</p> +<p> + Entertaining no doubt that the military right to exclude commerce + altogether from the ports of the enemy in our military occupation + included the minor right of admitting it under prescribed conditions, + it became an important question at the date of the order whether there + should be a discrimination between vessels and cargoes belonging to + citizens of the United States and vessels and cargoes belonging to + neutral nations. +</p> +<p> + Had the vessels and cargoes belonging to citizens of the United States + been admitted without the payment of any duty, while a duty was levied + on foreign vessels and cargoes, the object of the order would have been + defeated. The whole commerce would have been conducted in American + vessels, no contributions could have been collected, and the enemy would + have been furnished with goods without the exaction from him of any + contribution whatever, and would have been thus benefited by our + military occupation, instead of being made to feel the evils of the war. + In order to levy these contributions and to make them available for the + support of the Army, it became, therefore, absolutely necessary that + they should be collected upon imports into Mexican ports, whether in + vessels belonging to citizens of the United States or to foreigners. +</p> +<p> + It was deemed proper to extend the privilege to vessels and their + cargoes belonging to neutral nations. It has been my policy since the + commencement of the war with Mexico to act justly and liberally toward + all neutral nations, and to afford to them no just cause of complaint; + and we have seen the good consequences of this policy by the general + satisfaction which it has given. +</p> +<p> + In answer to the inquiry contained in the resolution as to the rates of + duties imposed, I refer you to the documents which accompanied my annual + message of the 7th of December last, which contain the information. +</p> +<p> + From the accompanying reports of the Secretary of War and the Secretary + of the Navy it will be seen that the contributions have been collected + on all vessels and cargoes, whether American or foreign; but the returns + to the Departments do not show with exactness the amounts collected on + American as distinguishable from foreign vessels and merchandise. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 10, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 7th + instant, I transmit herewith a report from the Secretary of State. +</p> +<p> + No communication has been received from Mexico "containing propositions + from the Mexican authorities or commissioners for a treaty of peace," + except the "counter projet" presented by the Mexican commissioners to + the commissioners of the United States on the 6th of September last, + a copy of which, with the documents accompanying it, I communicated + to the Senate of the United States on the 2d instant. A copy of my + communication to the Senate embracing this "projet" is herewith + communicated. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 14, 1848</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 treaty of peace, friendship, commerce, and navigation + between the United States and the Republic of Peru, concluded and signed + in this city on the 9th instant by the Secretary of State and the + minister plenipotentiary of Peru, in behalf of their respective + Governments. I also transmit a copy of the correspondence between them + which led to the treaty. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 15, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, together with + the accompanying report of the Adjutant-General, in answer to the + resolution of the Senate of the 7th instant, calling for information in + regard to the order or law by virtue of which certain words "in relation + to the promotion of cadets have been inserted in the Army Register of + the United States, page 45, in the year 1847." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 22, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I lay before the Senate, for their consideration and advice as to its + ratification, a treaty of peace, friendship, limits, and settlement, + signed at the city of Guadalupe Hidalgo on the 2d day of February, 1848, + by N.P. Trist on the part of the United States, and by plenipotentiaries + appointed for that purpose on the part of the Mexican Government. +</p> +<p> + I deem it to be my duty to state that the recall of Mr. Trist as + commissioner of the United States, of which Congress was informed in my + annual message, was dictated by a belief that his continued presence + with the Army could be productive of no good, but might do much harm by + encouraging the delusive hopes and false impressions of the Mexicans, + and that his recall would satisfy Mexico that the United States had no + terms of peace more favorable to offer. Directions were given that any + propositions for peace which Mexico might make should be received and + transmitted by the commanding general of our forces to the United + States. +</p> +<p> + It was not expected that Mr. Trist would remain in Mexico or continue in + the exercise of the functions of the office of commissioner after he + received his letter of recall. He has, however, done so, and the + plenipotentiaries of the Government of Mexico, with a knowledge of the + fact, have concluded with him this treaty. I have examined it with a + full sense of the extraneous circumstances attending its conclusion and + signature, which might be objected to, but conforming as it does + substantially on the main questions of boundary and indemnity to the + terms which our commissioner, when he left the United States in April + last, was authorized to offer, and animated as I am by the spirit which + has governed all my official conduct toward Mexico, I have felt it to be + my duty to submit it to the Senate for their consideration with a view + to its ratification. +</p> +<p> + To the tenth article of the treaty there are serious objections, and no + instructions given to Mr. Trist contemplated or authorized its + insertion. The public lands within the limits of Texas belong to that + State, and this Government has no power to dispose of them or to change + the conditions of grants already made. All valid titles to lands within + the other territories ceded to the United States will remain unaffected + by the change of sovereignty; and I therefore submit that this article + should not be ratified as a part of the treaty. +</p> +<p> + There may be reason to apprehend that the ratification of the + "additional and secret article" might unreasonably delay and embarrass + the final action on the treaty by Mexico. I therefore submit whether + that article should not be rejected by the Senate. +</p> +<p> + If the treaty shall be ratified as proposed to be amended, the cessions + of territory made by it to the United States as indemnity, the provision + for the satisfaction of the claims of our injured citizens, and the + permanent establishment of the boundary of one of the States of the + Union are objects gained of great national importance, while the + magnanimous forbearance exhibited toward Mexico, it is hoped, may insure + a lasting peace and good neighborhood between the two countries. +</p> +<p> + I communicate herewith a copy of the instructions given to Mr. Slidell + in November, 1845, as envoy extraordinary and minister plenipotentiary + to Mexico; a copy of the instructions given to Mr. Trist in April last, + and such of the correspondence of the latter with the Department of + State, not heretofore communicated to Congress, as will enable the + Senate to understand the action which has been had with a view to the + adjustment of our difficulties with Mexico. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 28, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 24th instant, + requesting to be informed whether the active operations of the Army of + the United States in Mexico have been, and now are, suspended, and, if + so, by whose agency and in virtue of what authority such armistice has + been effected, I have to state that I have received no information + relating to the subject other than that communicated to the Senate with + my executive message of the 22d instant. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 29, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate passed in "executive + session" on yesterday, requesting the President "to communicate to the + Senate, <i>in confidence</i>, the entire correspondence between Mr. Trist and + the Mexican commissioners from the time of his arrival in Mexico until + the time of the negotiation of the treaty submitted to the Senate; and + also the entire correspondence between Mr. Trist and the Secretary of + State in relation to his negotiations with the Mexican commissioners; + also all the correspondence between General Scott and the Government and + between General Scott and Mr. Trist since the arrival of Mr. Trist in + Mexico which may be in the possession of the Government," I transmit + herewith the correspondence called for. These documents are very + voluminous, and presuming that the Senate desired them in reference to + early action on the treaty with Mexico submitted to the consideration of + that body by my message of the 22d instant, the originals of several of + the letters of Mr. Trist are herewith, communicated, in order to save + the time which would necessarily be required to make copies of them. + These original letters, it is requested, may be returned when the Senate + shall have no further use for them. +</p> +<p> + The letters of Mr. Trist to the Secretary of State, and especially such + of them as bear date subsequent to the receipt by him of his letter of + recall as commissioner, it will be perceived, contain much matter that + is impertinent, irrelevant, and highly exceptionable. Four of these + letters, bearing date, respectively, the 29th December, 1847, January + 12, January 22, and January 25, 1848, have been received since the + treaty was submitted to the Senate. In the latter it is stated that the + Mexican commissioners who signed the treaty derived "their full powers, + bearing date on the 30th December, 1847, from the President <i>ad interim</i> + of the Republic (General Anaya), constitutionally elected to that office + in November by the Sovereign Constituent Congress" of Mexico. It is + impossible that I can approve the conduct of Mr. Trist in disobeying the + positive orders of his Government contained in the letter recalling him, + or do otherwise than condemn much of the matter with which he has chosen + to encumber his voluminous correspondence. Though all of his acts since + his recall might have been disavowed by his Government, yet Mexico can + take no such exception. The treaty which the Mexican commissioners have + negotiated with him, with a full knowledge on their part that he had + been recalled from his mission, <i>is</i> binding on Mexico. +</p> +<p> + Looking at the actual condition of Mexico, and believing that if the + present treaty be rejected the war will probably be continued at great + expense of life and treasure for an indefinite period, and considering + that the terms, with the exceptions mentioned in my message of the 22d + instant, conform substantially, so far as relates to the main question + of boundary, to those authorized by me in April last, I considered it to + be my solemn duty to the country, uninfluenced by the exceptionable + conduct of Mr. Trist, to submit the treaty to the Senate with a + recommendation that it be ratified, with the modifications suggested. +</p> +<p> + Nothing contained in the letters received from Mr. Trist since it was + submitted to the Senate has changed my opinion on the subject. +</p> +<p> + The resolution also calls for "all the correspondence between General + Scott and the Government since the arrival of Mr. Trist in Mexico." A + portion of that correspondence, relating to Mr. Trist and his mission, + accompanies this communication. The remainder of the "correspondence + between General Scott and the Government" relates mainly, if not + exclusively, to military operations. A part of it was communicated to + Congress with my annual message, and the whole of it will be sent to the + Senate if it shall be desired by that body. As coming within the purview + of the resolution, I also communicate copies of the letters of the + Secretary of War to Major-General Butler in reference to Mr. Trist's + remaining at the headquarters of the Army in the assumed exercise of his + powers of commissioner. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 2, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to a resolution of the Senate of the 3d of January, 1848, I + communicate herewith a report from the Secretary of State, with the + accompanying documents, containing the correspondence of Mr. Wise, late + minister of the United States at the Court of Brazil, relating to the + subject of the slave trade. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 2, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, with the + accompanying documents, in answer to the resolution of the Senate of the + 28th February, 1848, requesting the President to communicate "any + information he may at any time have received of the desire of any + considerable portion of the people of any of the States of Mexico to be + incorporated within the limits of any territory to be acquired from the + Republic of Mexico, and particularly that he communicate any late + proposition which has been made to that effect through General Wool or + any other military officer in Mexico." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 7, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I lay before the Senate a letter of the 12th February, 1848, from N.P. + Trist, together with the authenticated map of the United Mexican States + and of the plan of the port of San Diego, referred to in the fifth + article of the treaty "of peace, friendship, limits, and settlement + between the United States of America and the Mexican Republic," which + treaty was transmitted to the Senate with my message of the 22d ultimo. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 8, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of this date, requesting the + President "to inform the Senate of the terms of the authority given to + Mr. Trist to draw for the $3,000,000 authorized by the act of the 2d of + March, 1847," I communicate herewith a report from the Secretary of + State, with the accompanying documents, which contain the information + called for. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 8, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of this date, requesting the + President to communicate to that body, "confidentially, any additional + dispatches which may have been received from Mr. Trist, and especially + those which are promised by him in his letter to Mr. Buchanan of the 2d + of February last, if the same have been received," I have to state that + all the dispatches which have been received from Mr. Trist have been + heretofore communicated to the Senate. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 10, 1848</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith reports from the Secretary of State and the + Secretary of War, with the accompanying documents, in compliance with + the resolution of the House of Representatives of the 7th February, + 1848, requesting the President to communicate to that House "copies of + all correspondence between the Secretary of War and Major-General Scott, + and between the Secretary of War and Major-General Taylor, and between + Major-General Scott and N.P. Trist, late commissioner of the United + States to Mexico, and between the latter and Secretary of State, which + has not heretofore been published, and the publication of which may not + be incompatible with the public interest." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I communicate herewith a copy of the constitution of State government + formed by a convention of the people of the Territory of Wisconsin in + pursuance of the act of Congress of August 6, 1846, entitled "An act to + enable the people of Wisconsin Territory to form a constitution and + State government, and for the admission of such State into the Union." +</p> +<p> + I communicate also the documents accompanying the constitution, which + have been transmitted to me by the president of the convention. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<p> + MARCH 16, 1848. +</p><p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 18, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Sudden and severe indisposition has prevented, and may for an indefinite + period continue to prevent, Ambrose H. Sevier, recently appointed + commissioner to Mexico, from departing on his mission. The public + interest requires that a diplomatic functionary should proceed without + delay to Mexico, bearing with him the treaty between the United States + and the Mexican Republic, lately ratified, with amendments, by and with + the advice and consent of the Senate of the United States. It is deemed + proper, with this view, to appoint an associate commissioner, with full + powers to act separately or jointly with Mr. Sevier. +</p> +<p> + I therefore nominate Nathan Clifford, of the State of Maine, to be a + commissioner, with the rank of envoy extraordinary and minister + plenipotentiary, of the United States to the Mexican Republic. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 22, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, with the + accompanying documents, in compliance with the resolution of the Senate + of the 24th January, 1848, requesting the President to communicate to + the Senate, if not inconsistent with the public interest, the + correspondence of Mr. Wise, late minister of the United States at the + Court of Brazil, with the Department of State of the United States. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 24, 1848</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, + requesting the President to transmit to that body "a copy of a dispatch + to the United States consul at Monterey, T.O. Larkin, esq., forwarded in + November, 1845, by Captain Gillespie, of the Marine Corps, and which was + by him destroyed before entering the port of Vera Cruz, if a + communication of the same be not, in his opinion, incompatible with the + public interests," I communicate herewith a report of the Secretary of + State, with a copy of the dispatch referred to. The resolution of the + Senate appears to have been passed in legislative session. Entertaining + the opinion that the publication of this dispatch at this time will not + be "compatible with the public interests," but unwilling to withhold + from the Senate information deemed important by that body, I communicate + a copy of it to the Senate in executive session. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </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 the + accompanying documents, in compliance with the resolution of the House + of Representatives of the 8th instant, calling for "any correspondence + which may have recently taken place with the British Government relative + to the adoption of principles of reciprocity in the trade and shipping + of the two countries." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> + MARCH 24, 1848. +</p> +<p> </p><p> </p> + +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report of the Secretary of State, with + accompanying documents, in compliance with the resolution of the Senate + of the 17th instant, requesting the President to communicate to that + body "copies of the correspondence between the minister of the United + States at London and any authorities of the British Government in + relation to a postal arrangement between the two countries." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> + MARCH 27, 1848. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 3, 1848</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I communicate to Congress, for their information, a copy of a dispatch, + with the accompanying documents, received at the Department of State + from the envoy extraordinary and minister plenipotentiary of the United + States at Paris, giving official information of the overthrow of the + French Monarchy, and the establishment in its stead of a "provisional + government based on republican principles." +</p> +<p> + This great event occurred suddenly, and was accomplished almost without + bloodshed. The world has seldom witnessed a more interesting or sublime + spectacle than the peaceful rising of the French people, resolved to + secure for themselves enlarged liberty, and to assert, in the majesty of + their strength, the great truth that in this enlightened age man is + capable of governing himself. +</p> +<p> + The prompt recognition of the new Government by the representative of + the United States at the French Court meets my full and unqualified + approbation, and he has been authorized in a suitable manner to make + known this fact to the constituted authorities of the French Republic. +</p> +<p> + Called upon to act upon a sudden emergency, which could not have been + anticipated by his instructions, he judged rightly of the feelings and + sentiments of his Government and of his countrymen, when, in advance of + the diplomatic representatives of other countries, he was the first to + recognize, so far as it was in his power, the free Government + established by the French people. +</p> +<p> + The policy of the United States has ever been that of nonintervention in + the domestic affairs of other countries, leaving to each to establish + the form of government of its own choice. While this wise policy will be + maintained toward France, now suddenly transformed from a monarchy into + a republic, all our sympathies are naturally enlisted on the side of a + great people who, imitating our example, have resolved to be free. That + such sympathy should exist on the part of the people of the United + States with the friends of free government in every part of the world, + and especially in France, is not remarkable. We can never forget that + France was our early friend in our eventful Revolution, and generously + aided us in shaking off a foreign yoke and becoming a free and + independent people. +</p> +<p> + We have enjoyed the blessings of our system of well-regulated + self-government for near three-fourths of a century, and can properly + appreciate its value. Our ardent and sincere congratulations are + extended to the patriotic people of France upon their noble and thus far + successful efforts to found for their future government liberal + institutions similar to our own. +</p> +<p> + It is not doubted that under the benign influence of free institutions + the enlightened statesmen of republican France will find it to be for + her true interests and permanent glory to cultivate with the United + States the most liberal principles of international intercourse and + commercial reciprocity, whereby the happiness and prosperity of both + nations will be promoted. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 7, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to a resolution of the Senate of the 29th of March, 1848, + I transmit herewith a report of the Secretary of War, with the + accompanying documents, containing the information called for, relative + to the services of Captain McClellan's company of Florida volunteers in + the year 1840. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 7, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, transmitting a + copy of the proceedings of the general court-martial in the case of + Lieutenant-Colonel Frémont, called for by a resolution of the Senate of + the 29th February, 1848. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 10, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of State, together with + a copy of the correspondence between the Secretary of State and "the + Brazilian chargé d'affaires at Washington," called for by the resolution + of the Senate of the 28th of March, 1848. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 13, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 28th of March, 1848, I + communicate herewith a report of the Secretary of War, transmitting a + report of the head of the Ordnance Bureau, with the accompanying papers, + relative to "the repeating firearms invented by Samuel Colt." +</p> +<p> + Such is the favorable opinion entertained of the value of this arm, + particularly for a mounted corps, that the Secretary of War, as will be + seen by his report, has contracted with Mr. Colt for 2,000 of his + pistols. He has offered to contract for an additional number at liberal + prices, but the inventor is unwilling to furnish them at the prices + offered. +</p> +<p> + The invention for the construction of these arms being patented, the + United States can not manufacture them at the Government armories + without a previous purchase of the right so to do. The right to use his + patent by the United States the inventor is unwilling to dispose of at a + price deemed reasonable. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 25, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, with + accompanying documents, submitted by him as embracing the papers and the + correspondence<a href="#note-18"><small>18</small></a> between the Secretary of War and Major-General Scott, + called for by the resolution of the House of Representatives of the 17th + instant. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 29, 1848</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I submit for the consideration of Congress several communications + received at the Department of State from Mr. Justo Sierra, commissioner + of Yucatan, and also a communication from the Governor of that State, + representing the condition of extreme suffering to which their country + has been reduced by an insurrection of the Indians within its limits, + and asking the aid of the United States. +</p> +<p> + These communications present a case of human suffering and misery which + can not fail to excite the sympathies of all civilized nations. From + these and other sources of information it appears that the Indians of + Yucatan are waging a war of extermination against the white race. In + this civil war they spare neither age nor sex, but put to death, + indiscriminately, all who fall within their power. The inhabitants, + panic stricken and destitute of arms, are flying before their savage + pursuers toward the coast, and their expulsion from their country or + their extermination would seem to be inevitable unless they can obtain + assistance from abroad. +</p> +<p> + In this condition they have, through their constituted authorities, + implored the aid of this Government to save them from destruction, + offering in case this should be granted to transfer the "dominion and + sovereignty of the peninsula" to the United States. Similar appeals for + aid and protection have been made to the Spanish and the English + Governments. +</p> +<p> + Whilst it is not my purpose to recommend the adoption of any measure + with a view to the acquisition of the "dominion and sovereignty" over + Yucatan, yet, according to our established policy, we could not consent + to a transfer of this "dominion and sovereignty" either to Spain, Great + Britain, or any other European power. In the language of President + Monroe in his message of December, 1823— +</p> +<p class="q"> + We should consider any attempt on their part to extend their system to + any portion of this hemisphere as dangerous to our peace and safety. +</p> +<p> + In my annual message of December, 1845, I declared that— +</p> +<p class="q"> + Near a quarter of a century ago the principle was distinctly announced + to the world, in the annual message of one of my predecessors, that "the + American continents, by the free and independent condition which they + have assumed and maintain, are henceforth not to be considered as + subjects for future colonization by any European powers." This principle + will apply with greatly increased force should any European power + attempt to establish any new colony in North America. In the existing + circumstances of the world, the present is deemed a proper occasion to + reiterate and reaffirm the principle avowed by Mr. Monroe, and to state + my cordial concurrence in its wisdom and sound policy. The reassertion + of this principle, especially in reference to North America, is at this + day but the promulgation of a policy which no European power should + cherish the disposition to resist. Existing rights of every European + nation should be respected, but it is due alike to our safety and our + interests that the efficient protection of our laws should be extended + over our whole territorial limits, and that it should be distinctly + announced to the world as our settled policy that no future European + colony or dominion shall with our consent be planted or established on + any part of the North American continent. +</p> +<p> + Our own security requires that the established policy thus announced + should guide our conduct, and this applies with great force to the + peninsula of Yucatan. It is situate in the Gulf of Mexico, on the North + American continent, and, from its vicinity to Cuba, to the capes of + Florida, to New Orleans, and, indeed, to our whole southwestern coast, + it would be dangerous to our peace and security if it should become a + colony of any European nation. +</p> +<p> + We have now authentic information that if the aid asked from the United + States be not granted such aid will probably be obtained from some + European power, which may hereafter assert a claim to "dominion and + sovereignty" over Yucatan. +</p> +<p> + Our existing relations with Yucatan are of a peculiar character, as will + be perceived from the note of the Secretary of State to their + commissioner dated on the 24th of December last, a copy of which is + herewith transmitted. Yucatan has never declared her independence, and + we treated her as a State of the Mexican Republic. For this reason we + have never officially received her commissioner; but whilst this is the + case, we have to a considerable extent recognized her as a neutral in + our war with Mexico. Whilst still considering Yucatan as a portion of + Mexico, if we had troops to spare for this purpose I would deem it + proper, during the continuance of the war with Mexico, to occupy and + hold military possession of her territory and to defend the white + inhabitants against the incursions of the Indians, in the same way that + we have employed our troops in other States of the Mexican Republic in + our possession in repelling the attacks of savages upon the inhabitants + who have maintained their neutrality in the war. But, unfortunately, we + can not at the present time, without serious danger, withdraw our forces + from other portions of the Mexican territory now in our occupation and + send them to Yucatan. All that can be done under existing circumstances + is to employ our naval forces in the Gulf not required at other points + to afford them relief; but it is not to be expected that any adequate + protection can thus be afforded, as the operations of such naval forces + must of necessity be confined to the coast. +</p> +<p> + I have considered it proper to communicate the information contained in + the accompanying correspondence, and I submit to the wisdom of Congress + to adopt such measures as in their judgment may be expedient to prevent + Yucatan from becoming a colony of any European power, which in no event + could be permitted by the United States, and at the same time to rescue + the white race from extermination or expulsion from their country. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 5, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of State, together + with the correspondence "between the Secretary of State and Don Justo + Sierra, the representative of Yucatan," called for by the resolution of + the Senate of the 4th instant. +</p> +<p> + I communicate also additional documents relating to the same subject. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 8, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, together with + the accompanying documents, in compliance with the resolution of the + Senate of the 25th April, requesting the President to cause to be sent + to the Senate a copy of the opinion of the Attorney-General, with copies + of the accompanying papers, on the claim made by the Choctaw Indians for + $5,000, with interest thereon from the date of the transfer, being the + difference between the cost of the stock and the par value thereof + transferred to them by the Chickasaws under the convention of the 17th + of January, 1837. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 9, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 8th instant, requesting + further information in relation to the condition of Yucatan, I transmit + herewith a report of the Secretary of the Navy, with the accompanying + copies of communications from officers of the Navy on the subject. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 9, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for their consideration with a + view to its ratification, a convention for the extension of certain + stipulations<a href="#note-19"><small>19</small></a> contained in the treaty of commerce and navigation of + August 27, 1829, between the United States and Austria, concluded and + signed in this city on the 8th instant by the respective + plenipotentiaries. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 15, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of the Navy, together + with the accompanying documents, in compliance with the resolution of + the Senate of the 13th instant, requesting information as to the + measures taken for the protection of the white population of Yucatan by + the naval forces of the United States. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 19, 1848</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I transmit for the information of Congress a communication from the + Secretary of War and a report from the Commissioner of Indian Affairs, + showing the result of the settlement required by the treaty of August, + 1846, with the Cherokees, and the appropriations requisite to carry the + provisions of that treaty into effect. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 29, 1848</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I lay before Congress the accompanying memorial and papers, which have + been transmitted to me, by a special messenger employed for that + purpose, by the governor and legislative assembly of Oregon Territory, + who constitute the temporary government which the inhabitants of that + distant region of our country have, from the necessity of their + condition, organized for themselves. The memorialists are citizens of + the United States. They express ardent attachment to their native land, + and in their present perilous and distressed situation they earnestly + invoke the aid and protection of their Government. +</p> +<p> + They represent that "the proud and powerful tribes of Indians" residing + in their vicinity have recently raised "the war whoop and crimsoned + their tomahawks in the blood of their citizens;" that they apprehend + that "many of the powerful tribes inhabiting the upper valley of the + Columbia have formed an alliance for the purpose of carrying on + hostilities against their settlements;" that the number of the white + population is far inferior to that of the savages; that they are + deficient in arms and money, and fear that they do not possess strength + to repel the "attack of so formidable a foe and protect their families + and property from violence and rapine." They conclude their appeal to + the Government of the United States for relief by declaring: +</p> +<p class="q"> + If it be at all the intention of our honored parent to spread her + guardian wing over her sons and daughters in Oregon, she surely will not + refuse to do it now, when they are struggling with all the ills of a + weak and temporary government, and when perils are daily thickening + around them and preparing to burst upon their heads. When the ensuing + summer's sun shall have dispelled the snow from the mountains, we shall + look with glowing hope and restless anxiety for the coming of your laws + and your arms. +</p> +<p> + In my message of the 5th of August, 1846, communicating "a copy of the + convention for the settlement and adjustment of the Oregon boundary," + I recommended to Congress that "provision should be made by law, at + the earliest practicable period, for the organization of a Territorial + government in Oregon." In my annual message of December, 1846, and again + in December, 1847, this recommendation was repeated. +</p> +<p> + The population of Oregon is believed to exceed 12,000 souls, and it is + known that it will be increased by a large number of emigrants during + the present season. The facts set forth in the accompanying memorial and + papers show that the dangers to which our fellow-citizens are exposed + are so imminent that I deem it to be my duty again to impress on + Congress the strong claim which the inhabitants of that distant country + have to the benefit of our laws and to the protection of our Government. +</p> +<p> + I therefore again invite the attention of Congress to the subject, and + recommend that laws be promptly passed establishing a Territorial + government and granting authority to raise an adequate volunteer force + for the defense and protection of its inhabitants. It is believed that a + regiment of mounted men, with such additional force as may be raised in + Oregon, will be sufficient to afford the required protection. It is + recommended that the forces raised for this purpose should engage to + serve for twelve months, unless sooner discharged. No doubt is + entertained that, with proper inducements in land bounties, such a force + can be raised in a short time. Upon the expiration of their service many + of them will doubtless desire to remain in the country and settle upon + the land which they may receive as bounty. It is deemed important that + provision be made for the appointment of a suitable number of Indian + agents to reside among the various tribes in Oregon, and that + appropriations be made to enable them to treat with these tribes with a + view to restore and preserve peace between them and the white + inhabitants. +</p> +<p> + Should the laws recommended be promptly passed, the measures for their + execution may be completed during the present season, and before the + severity of winter will interpose obstacles in crossing the Rocky + Mountains. If not promptly passed, a delay of another year will be the + consequence, and may prove destructive to the white settlements in + Oregon. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>May 31, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith reports from the Secretary of State and the + Secretary of the Navy, with the accompanying correspondence, which + contains the information called for by the Senate in their resolution of + the 30th instant, relating to the existing condition of affairs in + Yucatan. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 12, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of State, together with + the accompanying documents, in compliance with the resolution of the + Senate of the 31st ultimo, "requesting the President to communicate the + correspondence not heretofore communicated between the Secretary of + State and the minister of the United States at Paris since the recent + change in the Government of France." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 23, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of War, with the + accompanying documents, in answer to a resolution of the Senate of the + 21st instant, requesting the President to communicate to the Senate, in + executive session, as early as practicable, the papers heretofore in the + possession of the Senate and returned to the War Department, together + with a statement from the Adjutant-General of the Army as to the merits + or demerits of the claim of James W. Schaumburg to be restored to rank + in the Army. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 5, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit herewith, for such action as the Senate shall deem proper, a + report of the Secretary of War, suggesting a discrepancy between the + resolutions of the Senate of the 15th and the 27th ultimo, advising and + consenting to certain appointments and promotions in the Army of the + United States. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington, July 1, 1848</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: I have the honor to submit herewith a report from the + Adjutant-General of the Army, inviting attention to a difficulty arising + from the terms of certain confirmations made by the resolutions of the + Senate of the 15th and 27th ultimo, the former advising and consenting + to the reappointment of Captain Edward Deas, Fourth Artillery, who had + been dismissed the service, and the latter advising and consenting to + the promotion of First Lieutenant Joseph Roberts to be captain, <i>vice</i> + Deas, dismissed, and Second Lieutenant John A. Brown to be first + lieutenant, <i>vice</i> Roberts, promoted. +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> +W.L. MARCY,<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<p class="r"> +ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, June 29, 1848</i>. +</p> +<p> +Hon. W.L. MARCY,<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: In a list of confirmations of regular promotions just received from + the Senate, dated the 27th instant, it is observed, under the heading + "Fourth Regiment of Artillery," that First Lieutenant Joseph Roberts is + confirmed as a captain, <i>vice</i> Deas, dismissed, and Second Lieutenant + John A. Brown as first lieutenant, <i>vice</i> Roberts, promoted. +</p> +<p> + The President, having decided to reinstate Captain Deas, nominated him + for restoration to the Senate the 12th instant, withdrawing, as the + records show, at the same time the names of Lieutenants Roberts and + Brown. This nomination of Captain Deas was confirmed the 15th of June, + and he has been commissioned accordingly. I respectfully bring this + matter to your notice under the impression that as the resolutions of + June 15 and June 27 conflict with each other it may be the wish of the + Senate to reconcile them by rescinding that portion of the latter which + advises and consents to the promotions of Lieutenants Roberts and Brown. +</p> +<p> + Respectfully submitted. +</p> +<p class="r"> +R. JONES,<br> + <i>Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 6, 1848</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I lay before Congress copies of a treaty of peace, friendship, limits, + and settlement between the United States and the Mexican Republic, the + ratifications of which were duly exchanged at the city of Queretaro, in + Mexico, on the 30th day of May, 1848. +</p> +<p> + The war in which our country was reluctantly involved, in the necessary + vindication of the national rights and honor, has been thus terminated, + and I congratulate Congress and our common constituents upon the + restoration of an honorable peace. +</p> +<p> + The extensive and valuable territories ceded by Mexico to the United + States constitute indemnity for the past, and the brilliant achievements + and signal successes of our arms will be a guaranty of security for the + future, by convincing all nations that our rights must be respected. The + results of the war with Mexico have given to the United States a + national character abroad which our country never before enjoyed. Our + power and our resources have become known and are respected throughout + the world, and we shall probably be saved from the necessity of engaging + in another foreign war for a long series of years. It is a subject of + congratulation that we have passed through a war of more than two years' + duration with the business of the country uninterrupted, with our + resources unexhausted, and the public credit unimpaired. +</p> +<p> + I communicate for the information of Congress the accompanying documents + and correspondence, relating to the negotiation and ratification of the + treaty. +</p> +<p> + Before the treaty can be fully executed on the part of the United States + legislation will be required. +</p> +<p> + It will be proper to make the necessary appropriations for the payment + of the $12,000,000 stipulated by the twelfth article to be paid to + Mexico in four equal annual installments. Three million dollars were + appropriated by the act of March 3, 1847, and that sum was paid to the + Mexican Government after the exchange of the ratifications of the + treaty. +</p> +<p> + The fifth article of the treaty provides that— +</p> +<p class="q"> + In order to designate the boundary line with due precision upon + authoritative maps, and to establish upon the ground landmarks which + shall show the limits of both Republics as described in the present + article, the two Governments shall each appoint a commissioner and a + surveyor, who, before the expiration of one year from the date of the + exchange of ratifications of this treaty, shall meet at the port of San + Diego and proceed to run and mark the said boundary in its whole course + to the mouth of the Rio Bravo del Norte. +</p> +<p> + It will be necessary that provision should be made by law for the + appointment of a commissioner and surveyor on the part of the United + States to act in conjunction with a commissioner and surveyor appointed + by Mexico in executing the stipulations of this article. +</p> +<p> + It will be proper also to provide by law for the appointment of a "board + of commissioners" to adjudicate and decide upon all claims of our + citizens against the Mexican Government, which by the treaty have been + assumed by the United States. +</p> +<p> + New Mexico and Upper California have been ceded by Mexico to the United + States, and now constitute a part of our country. Embracing nearly ten + degrees of latitude, lying adjacent to the Oregon Territory, and + extending from the Pacific Ocean to the Rio Grande, a mean distance of + nearly 1,000 miles, it would be difficult to estimate the value of these + possessions to the United States. They constitute of themselves a + country large enough for a great empire, and their acquisition is second + only in importance to that of Louisiana in 1803. Rich in mineral and + agricultural resources, with a climate of great salubrity, they embrace + the most important ports on the whole Pacific coast of the continent of + North America. The possession of the ports of San Diego and Monterey and + the Bay of San Francisco will enable the United States to command the + already valuable and rapidly increasing commerce of the Pacific. The + number of our whale ships alone now employed in that sea exceeds 700, + requiring more than 20,000 seamen to navigate them, while the capital + invested in this particular branch of commerce is estimated at not less + than $40,000,000. The excellent harbors of Upper California will under + our flag afford security and repose to our commercial marine, and + American mechanics will soon furnish ready means of shipbuilding and + repair, which are now so much wanted in that distant sea. +</p> +<p> + By the acquisition of these possessions we are brought into immediate + proximity with the west coast of America, from Cape Horn to the Russian + possessions north of Oregon, with the islands of the Pacific Ocean, and + by a direct voyage in steamers we will be in less than thirty days of + Canton and other ports of China. +</p> +<p> + In this vast region, whose rich resources are soon to be developed by + American energy and enterprise, great must be the augmentation of our + commerce, and with it new and profitable demands for mechanic labor in + all its branches and new and valuable markets for our manufactures and + agricultural products. +</p> +<p> + While the war has been conducted with great humanity and forbearance and + with complete success on our part, the peace has been concluded on terms + the most liberal and magnanimous to Mexico. In her hands the territories + now ceded had remained, and, it is believed, would have continued to + remain, almost unoccupied, and of little value to her or to any other + nation, whilst as a part of our Union they will be productive of vast + benefits to the United States, to the commercial world, and the general + interests of mankind. +</p> +<p> + The immediate establishment of Territorial governments and the extension + of our laws over these valuable possessions are deemed to be not only + important, but indispensable to preserve order and the due + administration of justice within their limits, to afford protection to + the inhabitants, and to facilitate the development of the vast resources + and wealth which their acquisition has added to our country. +</p> +<p> + The war with Mexico having terminated, the power of the Executive to + establish or to continue temporary civil governments over these + territories, which existed under the laws of nations whilst they were + regarded as conquered provinces in our military occupation, has ceased. + By their cession to the United States Mexico has no longer any power + over them, and until Congress shall act the inhabitants will be without + any organized government. Should they be left in this condition, + confusion and anarchy will be likely to prevail. +</p> +<p> + Foreign commerce to a considerable amount is now carried on in the ports + of Upper California, which will require to be regulated by our laws. As + soon as our system shall be extended over this commerce, a revenue of + considerable amount will be at once collected, and it is not doubted + that it will be annually increased. For these and other obvious reasons + I deem it to be my duty earnestly to recommend the action of Congress on + the subject at the present session. +</p> +<p> + In organizing governments over these territories, fraught with such vast + advantages to every portion of our Union, I invoke that spirit of + concession, conciliation, and compromise in your deliberations in which + the Constitution was framed, in which it should be administered, and + which is so indispensable to preserve and perpetuate the harmony and + union of the States. We should never forget that this Union of + confederated States was established and cemented by kindred blood and by + the common toils, sufferings, dangers, and triumphs of all its parts, + and has been the ever-augmenting source of our national greatness and of + all our blessings. +</p> +<p> + There has, perhaps, been no period since the warning so impressively + given to his countrymen by Washington to guard against geographical + divisions and sectional parties which appeals with greater force than + the present to the patriotic, sober-minded, and reflecting of all + parties and of all sections of our country. Who can calculate the value + of our glorious Union? It is a model and example of free government to + all the world, and is the star of hope and haven of rest to the + oppressed of every clime. By its preservation we have been rapidly + advanced as a nation to a height of strength, power, and happiness + without a parallel in the history of the world. As we extend its + blessings over new regions, shall we be so unwise as to endanger its + existence by geographical divisions and dissensions? +</p> +<p> + With a view to encourage the early settlement of these distant + possessions, I recommend that liberal grants of the public lands be + secured to all our citizens who have settled or may in a limited period + settle within their limits. +</p> +<p> + In execution of the provisions of the treaty, orders have been issued to + our military and naval forces to evacuate without delay the Mexican + Provinces, cities, towns, and fortified places in our military + occupation, and which are not embraced in the territories ceded to the + United States. The Army is already on its way to the United States. That + portion of it, as well regulars as volunteers, who engaged to serve + during the war with Mexico will be discharged as soon as they can be + transported or marched to convenient points in the vicinity of their + homes. A part of the Regular Army will be employed in New Mexico and + Upper California to afford protection to the inhabitants and to guard + our interests in these territories. +</p> +<p> + The old Army, as it existed before the commencement of the war with + Mexico, especially if authority be given to fill up the rank and file of + the several corps to the maximum number authorized during the war, it is + believed, will be a sufficient force to be retained in service during a + period of peace. A few additional officers in the line and staff of the + Army have been authorized, and these, it is believed, will be necessary + in the peace establishment, and should be retained in the service. +</p> +<p> + The number of the general officers may be reduced, as vacancies occur by + the casualties of the service, to what it was before the war. +</p> +<p> + While the people of other countries who live under forms of government + less free than our own have been for ages oppressed by taxation to + support large standing armies in periods of peace, our experience has + shown that such establishments are unnecessary in a republic. Our + standing army is to be found in the bosom of society. It is composed of + free citizens, who are ever ready to take up arms in the service of + their country when an emergency requires it. Our experience in the war + just closed fully confirms the opinion that such an army may be raised + upon a few weeks' notice, and that our citizen soldiers are equal to any + troops in the world. No reason, therefore, is perceived why we should + enlarge our land forces and thereby subject the Treasury to an annual + increased charge. Sound policy requires that we should avoid the + creation of a large standing army in a period of peace. No public + exigency requires it. Such armies are not only expensive and + unnecessary, but may become dangerous to liberty. +</p> +<p> + Besides making the necessary legislative provisions for the execution of + the treaty and the establishment of Territorial governments in the ceded + country, we have, upon the restoration of peace, other important duties + to perform. Among these I regard none as more important than the + adoption of proper measures for the speedy extinguishment of the + national debt. It is against sound policy and the genius of our + institutions that a public debt should be permitted to exist a day + longer than the means of the Treasury will enable the Government to pay + it off. We should adhere to the wise policy laid down by President + Washington, of "avoiding likewise the accumulation of debt, not only by + shunning occasions of expense, but by vigorous exertions in time of + peace to discharge the debts which unavoidable wars have occasioned, not + ungenerously throwing upon posterity the burthen which we ourselves + ought to bear." +</p> +<p> + At the commencement of the present Administration the public debt + amounted to $17,788,799.62. In consequence of the war with Mexico, it + has been necessarily increased, and now amounts to $65,778,450.41, + including the stock and Treasury notes which may yet be issued under the + act of January 28, 1847, and the $16,000,000 loan recently negotiated + under the act of March 31, 1848. +</p> +<p> + In addition to the amount of the debt, the treaty stipulates that + $12,000,000 shall be paid to Mexico, in four equal annual installments + of $3,000,000 each, the first of which will fall due on the 30th day of + May, 1849. The treaty also stipulates that the United States shall + "assume and pay" to our own citizens "the claims already liquidated and + decided against the Mexican Republic," and "all claims not heretofore + decided against the Mexican Government," "to an amount not exceeding + three and a quarter millions of dollars." The "liquidated" claims of + citizens of the United States against Mexico, as decided by the joint + board of commissioners under the convention between the United States + and Mexico of the 11th of April, 1839, amounted to $2,026,139.68. This + sum was payable in twenty equal annual installments. Three of them have + been paid to the claimants by the Mexican Government and two by the + United States, leaving to be paid of the principal of the liquidated + amount assumed by the United States the sum of $1,519,604.76, together + with the interest thereon. These several amounts of "liquidated" and + unliquidated claims assumed by the United States, it is believed, may be + paid as they fall due out of the accruing revenue, without the issue of + stock or the creation of any additional public debt. +</p> +<p> + I can not too strongly recommend to Congress the importance of + husbanding all our national resources, of limiting the public + expenditures to necessary objects, and of applying all the surplus at + any time in the Treasury to the redemption of the debt. I recommend that + authority be vested in the Executive by law to anticipate the period of + reimbursement of such portion of the debt as may not be now redeemable, + and to purchase it at par, or at the premium which it may command in the + market, in all cases in which that authority has not already been + granted. A premium has been obtained by the Government on much the + larger portion of the loans, and if when the Government becomes a + purchaser of its own stock it shall command a premium in the market, + it will be sound policy to pay it rather than to pay the semiannual + interest upon it. The interest upon the debt, if the outstanding + Treasury notes shall be funded, from the end of the last fiscal year + until it shall fall due and be redeemable will be very nearly equal to + the principal, which must itself be ultimately paid. +</p> +<p> + Without changing or modifying the present tariff of duties, so great has + been the increase of our commerce under its benign operation that the + revenue derived from that source and from the sales of the public lands + will, it is confidently believed, enable the Government to discharge + annually several millions of the debt and at the same time possess the + means of meeting necessary appropriations for all other proper objects. + Unless Congress shall authorize largely increased expenditures for + objects not of absolute necessity, the whole public debt existing before + the Mexican war and that created during its continuance may be paid off + without any increase of taxation on the people long before it falls due. +</p> +<p> + Upon the restoration of peace we should adopt the policy suited to a + state of peace. In doing this the earliest practicable payment of the + public debt should be a cardinal principle of action. Profiting by the + experience of the past, we should avoid the errors into which the + country was betrayed shortly after the close of the war with Great + Britain in 1815. In a few years after that period a broad and + latitudinous construction of the powers of the Federal Government + unfortunately received but too much countenance. Though the country was + burdened with a heavy public debt, large, and in some instances + unnecessary and extravagant, expenditures were authorized by Congress. + The consequence was that the payment of the debt was postponed for more + than twenty years, and even then it was only accomplished by the stern + will and unbending policy of President Jackson, who made its payment a + leading measure of his Administration. He resisted the attempts which + were made to divert the public money from that great object and apply it + in wasteful and extravagant expenditures for other objects, some of them + of more than doubtful constitutional authority and expediency. +</p> +<p> + If the Government of the United States shall observe a proper economy in + its expenditures, and be confined in its action to the conduct of our + foreign relations and to the few general objects of its care enumerated + in the Constitution, leaving all municipal and local legislation to the + States, our greatness as a nation, in moral and physical power and in + wealth and resources, can not be calculated. +</p> +<p> + By pursuing this policy oppressive measures, operating unequally and + unjustly upon sections and classes, will be avoided, and the people, + having no cause of complaint, will pursue their own interests under the + blessings of equal laws and the protection of a just and paternal + Government. By abstaining from the exercise of all powers not clearly + conferred, the current of our glorious Union, now numbering thirty + States, will be strengthened as we grow in age and increase in + population, and our future destiny will be without a parallel or example + in the history of nations. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 7, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + For the reasons mentioned in the accompanying letter of the Secretary of + War, I ask that the date in the promotion of Captain W.J. Hardee, Second + Dragoons, to be major by brevet for gallant and meritorious conduct in + the affair at Madellin, Mexico, be changed to the 25th of March, 1847, + the day on which the action occurred. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington, July 7, 1848</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: Captain W.J. Hardee, Second Dragoons, has been promoted to be major + by brevet for gallant and meritorious conduct in the affair at Madellin, + Mexico, to date from the 26th of March, 1847. As this affair took place + on the 25th of that month, I respectfully recommend that the Senate be + asked to change the date of Captain Hardee's brevet rank so as to + correspond with the date of the action, to wit, the 25th of March, 1847. + Brevets which have been conferred upon other officers in the same affair + take the latter date. +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> +W.L. MARCY,<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 12, 1848</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 June, 1848, I + herewith communicate to the Senate a report of the Secretary of War, + with the accompanying documents, containing the proceedings of a court + of inquiry which convened at Saltillo, Mexico, January 12, 1848, and + which was instituted for the purpose of obtaining full information + relative to an alleged mutiny in the camp of Buena Vista, Mexico, on or + about the 15th of August, 1847. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 14, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of July 13, 1848, I + transmit herewith a report of the Secretary of War and accompanying + documents, containing all the proceedings of the two courts of inquiry + in the case of Major-General Pillow, the one commenced and terminated in + Mexico, the other commenced in Mexico and terminated in the United + States. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 24, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to the resolutions of the House of Representatives of the 10th + instant, requesting information in relation to New Mexico and + California, I communicate herewith reports from the Secretary of State, + the Secretary of the Treasury, the Secretary of War, and the Secretary + of the Navy, with the documents which accompany the same. These reports + and documents contain information upon the several points of inquiry + embraced by the resolutions. "The proper limits and boundaries of New + Mexico and California" are delineated on the map referred to in the late + treaty with Mexico, an authentic copy of which is herewith transmitted; + and all the additional information upon that subject, and also the most + reliable information in respect to the population of these respective + Provinces, which is in the possession of the Executive will be found in + the accompanying report of the Secretary of State. +</p> +<p> + The resolutions request information in regard to the existence of civil + governments in New Mexico and California, their "form and character," by + "whom instituted," by "what authority," and how they are "maintained and + supported." +</p> +<p> + In my message of December 22, 1846, in answer to a resolution of the + House of Representatives calling for information "in relation to the + establishment or organization of civil government in any portion of the + territory of Mexico which has or might be taken possession of by the + Army or Navy of the United States," I communicated the orders which had + been given to the officers of our Army and Navy, and stated the general + authority upon which temporary military governments had been established + over the conquered portion of Mexico then in our military occupation. +</p> +<p> + The temporary governments authorized were instituted by virtue of the + rights of war. The power to declare war against a foreign country, and + to prosecute it according to the general laws of war, as sanctioned by + civilized nations, it will not be questioned, exists under our + Constitution. When Congress has declared that war exists with a foreign + nation, "the general laws of war apply to our situation," and it becomes + the duty of the President, as the constitutional "Commander in Chief of + the Army and Navy of the United States," to prosecute it. +</p> +<p> + In prosecuting a foreign war thus duly declared by Congress, we have the + right, by "conquest and military occupation," to acquire possession of + the territories of the enemy, and, during the war, to "exercise the + fullest rights of sovereignty over it." The sovereignty of the enemy is + in such case "suspended," and his laws can "no longer be rightfully + enforced" over the conquered territory "or be obligatory upon the + inhabitants who remain and submit to the conqueror. By the surrender the + inhabitants pass under a temporary allegiance" to the conqueror, and are + "bound by such laws, and such only, as" he may choose to recognize and + impose. "From the nature of the case, no other laws could be obligatory + upon them, for where there is no protection or allegiance or sovereignty + there can be no claim to obedience." These are well-established + principles of the laws of war, as recognized and practiced by civilized + nations, and they have been sanctioned by the highest judicial tribunal + of our own country. +</p> +<p> + The orders and instructions issued to the officers of our Army and Navy, + applicable to such portions of the Mexican territory as had been or + might be conquered by our arms, were in strict conformity to these + principles. They were, indeed, ameliorations of the rigors of war upon + which we might have insisted. They substituted for the harshness of + military rule something of the mildness of civil government, and were + not only the exercise of no excess of power, but were a relaxation in + favor of the peaceable inhabitants of the conquered territory who had + submitted to our authority, and were alike politic and humane. +</p> +<p> + It is from the same source of authority that we derive the unquestioned + right, after the war has been declared by Congress, to blockade the + ports and coasts of the enemy, to capture his towns, cities, and + provinces, and to levy contributions upon him for the support of our + Army. Of the same character with these is the right to subject to our + temporary military government the conquered territories of our enemy. + They are all belligerent rights, and their exercise is as essential to + the successful prosecution of a foreign war as the right to fight + battles. +</p> +<p> + New Mexico and Upper California were among the territories conquered and + occupied by our forces, and such temporary governments were established + over them. They were established by the officers of our Army and Navy in + command, in pursuance of the orders and instructions accompanying my + message to the House of Representatives of December 22, 1846. In their + form and detail, as at first established, they exceeded in some + respects, as was stated in that message, the authority which had been + given, and instructions for the correction of the error were issued in + dispatches from the War and Navy Departments of the 11th of January, + 1847, copies of which are herewith transmitted. They have been + maintained and supported out of the military exactions and contributions + levied upon the enemy, and no part of the expense has been paid out of + the Treasury of the United States. +</p> +<p> + In the routine of duty some of the officers of the Army and Navy who + first established temporary governments in California and New Mexico + have been succeeded in command by other officers, upon whom light duties + devolved; and the agents employed or designated by them to conduct the + temporary governments have also, in some instances, been superseded by + others. Such appointments for temporary civil duty during our military + occupation were made by the officers in command in the conquered + territories, respectively. +</p> +<p> + On the conclusion and exchange of ratifications of a treaty of peace + with Mexico, which was proclaimed on the 4th instant, these temporary + governments necessarily ceased to exist. In the instructions to + establish a temporary government over New Mexico, no distinction was + made between that and the other Provinces of Mexico which might be + conquered and held in our military occupation. +</p> +<p> + The Province of New Mexico, according to its ancient boundaries, as + claimed by Mexico, lies on both sides of the Rio Grande. That part of it + on the east of that river was in dispute when the war between the United + States and Mexico commenced. Texas, by a successful revolution in April, + 1836, achieved, and subsequently maintained, her independence. By an act + of the Congress of Texas passed in December, 1836, her western boundary + was declared to be the Rio Grande from its mouth to its source, and + thence due north to the forty-second degree of north latitude. Though + the Republic of Texas, by many acts of sovereignty which she asserted + and exercised, some of which were stated in my annual message of + December, 1846, had established her clear title to the country west of + the Nueces, and bordering upon that part of the Rio Grande which lies + below the Province of New Mexico, she had never conquered or reduced to + actual possession and brought under her Government and laws that part of + New Mexico lying east of the Rio Grande, which she claimed to be within + her limits. On the breaking out of the war we found Mexico in possession + of this disputed territory. As our Army approached Sante Fe (the capital + of New Mexico) it was found to be held by a governor under Mexican + authority, with an armed force collected to resist our advance. The + inhabitants were Mexicans, acknowledging allegiance to Mexico. The + boundary in dispute was the line between the two countries engaged in + actual war, and the settlement of it of necessity depended on a treaty + of peace. Finding the Mexican authorities and people in possession, our + forces conquered them, and extended military rule over them and the + territory which they actually occupied, in lieu of the sovereignty which + was displaced. It was not possible to disturb or change the practical + boundary line in the midst of the war, when no negotiation for its + adjustment could be opened, and when Texas was not present, by her + constituted authorities, to establish and maintain government over a + hostile Mexican population who acknowledged no allegiance to her. There + was, therefore, no alternative left but to establish and maintain + military rule during the war over the conquered people in the disputed + territory who had submitted to our arms, or to forbear the exercise of + our belligerent rights and leave them in a state of anarchy and without + control. +</p> +<p> + Whether the country in dispute rightfully belonged to Mexico or to + Texas, it was our right in the first case, and our duty as well as our + right in the latter, to conquer and hold it. Whilst this territory was + in our possession as conquerors, with a population hostile to the United + States, which more than once broke out in open insurrection, it was our + unquestionable duty to continue our military occupation of it until the + conclusion of the war, and to establish over it a military government, + necessary for our own security as well as for the protection of the + conquered people. +</p> +<p> + By the joint resolution of Congress of March 1, 1845, "for annexing + Texas to the United States," the "adjustment of all questions of + boundary which may arise with other governments" was reserved to this + Government. When the conquest of New Mexico was consummated by our arms, + the question of boundary remained still unadjusted. Until the exchange + of the ratifications of the late treaty, New Mexico never became an + undisputed portion of the United States, and it would therefore have + been premature to deliver over to Texas that portion of it on the east + side of the Rio Grande, to which she asserted a claim. However just the + right of Texas may have been to it, that right had never been reduced + into her possession, and it was contested by Mexico. +</p> +<p> + By the cession of the whole of New Mexico, on both sides of the Rio + Grande, to the United States, the question of disputed boundary, so far + as Mexico is concerned, has been settled, leaving the question as to the + true limits of Texas in New Mexico to be adjusted between that State and + the United States. +</p> +<p> + Under the circumstances existing during the pendency of the war, and + while the whole of New Mexico, as claimed by our enemy, was in our + military occupation, I was not unmindful of the rights of Texas to that + portion of it which she claimed to be within her limits. In answer to a + letter from the governor of Texas dated on the 4th of January, 1847, the + Secretary of State, by my direction, informed him in a letter of the + 12th of February, 1847, that in the President's annual message of + December, 1846— +</p> +<p class="q"> + You have already perceived that New Mexico is at present in the + temporary occupation of the troops of the United States, and the + government over it is military in its character. It is merely such a + government as must exist under the laws of nations and of war to + preserve order and protect the rights of the inhabitants, and will cease + on the conclusion of a treaty of peace with Mexico. Nothing, therefore, + can be more certain than that this temporary government, resulting from + necessity, can never injuriously affect the right which the President + believes to be justly asserted by Texas to the whole territory on this + side of the Rio Grande whenever the Mexican claim to it shall have been + extinguished by treaty. But this is a subject which more properly + belongs to the legislative than the executive branch of the Government. +</p> +<p> + The result of the whole is that Texas had asserted a right to that part + of New Mexico east of the Rio Grande, which is believed, under the acts + of Congress for the annexation and admission of Texas into the Union as + a State, and under the constitution and laws of Texas, to be well + founded; but this right had never been reduced to her actual possession + and occupancy. The General Government, possessing exclusively the + war-making power, had the right to take military possession of this + disputed territory, and until the title to it was perfected by a treaty + of peace it was their duty to hold it and to establish a temporary + military government over it for the preservation of the conquest itself, + the safety of our Army, and the security of the conquered inhabitants. +</p> +<p> + The resolutions further request information whether any persons have + been tried and condemned for "treason against the United States in that + part of New Mexico lying east of the Rio Grande since the same has been + in the occupancy of our Army," and, if so, before "what tribunal" and + "by what authority of law such tribunal was established." It appears + that after the territory in question was "in the occupancy of our Army" + some of the conquered Mexican inhabitants, who had at first submitted to + our authority, broke out in open insurrection, murdering our soldiers + and citizens and committing other atrocious crimes. Some of the + principal offenders who were apprehended were tried and condemned by a + tribunal invested with civil and criminal jurisdiction, which had been + established in the conquered country by the military officer in command. + That the offenders deserved the punishment inflicted upon them there is + no reason to doubt, and the error in the proceedings against them + consisted in designating and describing their crimes as "treason against + the United States." This error was pointed out, and its recurrence + thereby prevented, by the Secretary of War in a dispatch to the officer + in command in New Mexico dated on the 26th of June, 1847, a copy of + which, together with copies of all communications relating to the + subject which have been received at the War Department, is herewith + transmitted. +</p> +<p> + The resolutions call for information in relation to the quantity of the + public lands acquired within the ceded territory, and "how much of the + same is within the boundaries of Texas as defined by the act of the + Congress of the Republic of Texas of the 19th day of December, 1836." No + means of making an accurate estimate on the subject is in the possession + of the executive department. The information which is possessed will be + found in the accompanying report of the Secretary of the Treasury. +</p> +<p> + The country ceded to the United States lying west of the Rio Grande, and + to which Texas has no title, is estimated by the commissioner of the + General Land Office to contain 526,078 square miles, or 336,689,920 + acres. +</p> +<p> + The period since the exchange of ratifications of the treaty has been + too short to enable the Government to have access to or to procure + abstracts or copies of the land titles issued by Spain or by the + Republic of Mexico. Steps will be taken to procure this information at + the earliest practicable period. It is estimated, as appears from the + accompanying report of the Secretary of the Treasury, that much the + larger portion of the land within the territories ceded remains vacant + and unappropriated, and will be subject to be disposed of by the United + States. Indeed, a very inconsiderable portion of the land embraced in + the cession, it is believed, has been disposed of or granted either by + Spain or Mexico. +</p> +<p> + What amount of money the United States may be able to realize from the + sales of these vacant lands must be uncertain, but it is confidently + believed that with prudent management, after making liberal grants to + emigrants and settlers, it will exceed the cost of the war and all the + expenses to which we have been subjected in acquiring it. +</p> +<p> + The resolutions also call for "the evidence, or any part thereof, that + the 'extensive and valuable territories ceded by Mexico to the United + States constitute indemnity for the past.'" +</p> +<p> + The immense value of the ceded country does not consist alone in the + amount of money for which the public lands may be sold. If not a dollar + could be realized from the sale of these lands, the cession of the + jurisdiction over the country and the fact that it has become a part of + our Union and call not be made subject to any European power constitute + ample "indemnity for the past" in the immense value and advantages which + its acquisition must give to the commercial, navigating, manufacturing, + and agricultural interests of our country. +</p> +<p> + The value of the public lands embraced within the limits of the ceded + territory, great as that value may be, is far less important to the + people of the United States than the sovereignty over the country. Most + of our States contain no public lands owned by the United States, and + yet the sovereignty and jurisdiction over them is of incalculable + importance to the nation. In the State of New York the United States is + the owner of no public lands, and yet two-thirds of our whole revenue is + collected at the great port of that State, and within her limits is + found about one-seventh of our entire population. Although none of the + future cities on our coast of California may ever rival the city of New + York in wealth, population, and business, yet that important cities will + grow up on the magnificent harbors of that coast, with a rapidly + increasing commerce and population, and yielding a large revenue, would + seem to be certain. By the possession of the safe and capacious harbors + on the Californian coast we shall have great advantages in securing the + rich commerce of the East, and shall thus obtain for our products new + and increased markets and greatly enlarge our coasting and foreign + trade, as well as augment our tonnage and revenue. +</p> +<p> + These great advantages, far more than the simple value of the public + lands in the ceded territory, "constitute our indemnity for the past." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 28, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received from the Senate the "convention for the mutual delivery + of criminals, fugitives from justice, in certain cases, concluded on the + 29th of January, 1845, between the United States on the one part and + Prussia and other States of the German Confederation on the other part," + with a copy of their resolution of the 21st of June last, advising and + consenting to its ratification, with an amendment extending the period + for the exchange of ratifications until the 28th of September, 1848. +</p> +<p> + I have taken this subject into serious and deliberate consideration, and + regret that I can not ratify this convention, in conformity with the + advice of the Senate, without violating my convictions of duty. Having + arrived at this conclusion, I deem it proper and respectful, considering + the peculiar circumstances of the present case and the intimate + relations which the Constitution has established between the President + and Senate, to make known to you the reasons which influence me to come + to this determination. +</p> +<p> + On the 16th of December, 1845, I communicated this convention to the + Senate for its consideration, at the same time stating my objections to + the third article. I deemed this to be a more proper and respectful + course toward the Senate, as well as toward Prussia and the other + parties to it, than if I had withheld it and disapproved it altogether. + Had the Senate concurred with me in opinion and rejected the third + article, then the convention thus amended would have conformed to our + treaties of extradition with Great Britain and France. +</p> +<p> + But the Senate did not act upon it within the period limited for the + exchange of ratifications. From this I concluded that they had concurred + with me in opinion in regard to the third article, and had for this and + other reasons deemed it proper to take no proceedings upon the + convention. After this date, therefore, I considered the affair as + terminated. +</p> +<p> + Upon the presumption that this was the fact, new negotiations upon the + subject were commenced, and several conferences were held between the + Secretary of State and the Prussian minister. These resulted in a + protocol signed at the Department of State on the 27th of April, 1847, + in which the Secretary proposed either that the two Governments might + agree to extend the time for the exchange of ratifications, and thus + revive the convention, provided the Prussian Government would previously + intimate its consent to the omission of the third article, or he + "expressed his willingness immediately to conclude with Mr. Gerolt a new + convention, if he possessed the requisite powers from his Government, + embracing all the provisions contained in that of the 29th January, + 1845, with the exception of the third article. To this Mr. Gerolt + observed that he had no powers to conclude such a convention, but would + submit the propositions of Mr. Buchanan to the Prussian Government for + further instructions." +</p> +<p> + Mr. Gerolt has never yet communicated in writing to the Department of + State the answer of his Government to these propositions, but the + Secretary of State, a few months after the date of the protocol, learned + from him in conversation that they insisted upon the third article of + the convention as a <i>sine qua non</i>. Thus the second negotiation had + finally terminated by a disagreement between the parties, when, more + than a year afterwards, on the 21st June, 1848, the Senate took the + original convention into consideration and ratified it, retaining the + third article. +</p> +<p> + After the second negotiation with the Prussian Government, in which the + objections to the third article were stated, as they had been previously + in my message of the 16th December, 1845, a strong additional difficulty + was interposed to the ratification of the convention; but I might + overcome this difficulty if my objections to the third article had not + grown stronger by further reflection. For a statement of them in detail + I refer you to the accompanying memorandum, prepared by the Secretary of + State by my direction. +</p> +<p> + I can not believe that the sovereign States of this Union, whose + administration of justice would be almost exclusively affected by such a + convention, will ever be satisfied with a treaty of extradition under + which if a German subject should commit murder or any other high crime + in New York or New Orleans, and could succeed in escaping to his own + country, he would thereby be protected from trial and punishment under + the jurisdiction of our State laws which he had violated. It is true, as + has been stated, that the German States, acting upon a principle + springing from the doctrine of perpetual allegiance, still assert the + jurisdiction of trying and punishing their subjects for crimes committed + in the United States or any other portion of the world. It must, + however, be manifest that individuals throughout our extended country + would rarely, if ever, follow criminals to Germany with the necessary + testimony for the purpose of prosecuting them to conviction before + German courts for crimes committed in the United States. +</p> +<p> + On the other hand, the Constitution and laws of the United States, as + well as of the several States, would render it impossible that crimes + committed by our citizens in Germany could be tried and punished in any + portion of this Union. +</p> +<p> + But if no other reason existed for withholding my ratification from this + treaty, the great change which has recently occurred in the organization + of the Government of the German States would be sufficient. By the last + advices we learn that the German Parliament, at Frankfort, have already + established a federal provisional Executive for all the States of + Germany, and have elected the Archduke John of Austria to be + "Administrator of the Empire." One of the attributes of this Executive + is "to represent the Confederation in its relations with foreign nations + and to appoint diplomatic agents, ministers, and consuls." Indeed, our + minister at Berlin has already suggested the propriety of his transfer + to Frankfort. In case this convention with nineteen of the thirty-nine + German States should be ratified, this could amount to nothing more than + a proposition on the part of the Senate and President to these nineteen + States who were originally parties to the convention to negotiate anew + on the subject of extradition. In the meantime a central German + Government has been provisionally established, which extinguishes the + right of these separate parties to enter into negotiations with foreign + Governments on subjects of several interest to the whole. +</p> +<p> + Admitting such a treaty as that which has been ratified by the Senate to + be desirable, the obvious course would now be to negotiate with the + General Government of Germany. A treaty concluded with it would embrace + all the thirty-nine States of Germany, and its authority, being + coextensive with the Empire, fugitives from justice found in any of + these States would be surrendered up on the requisition of our minister + at Frankfort. This would be more convenient and effectual than to + address such separate requisitions to each of the nineteen German States + with which the convention was concluded. +</p> +<p> + I communicate herewith, for the information of the Senate, copies of a + dispatch from our minister at Berlin and a communication from our consul + at Darmstadt. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 29, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 17th + instant, requesting the President "to communicate, if not inconsistent + with the public interests, copies of all instructions given to the Hon. + Ambrose H. Sevier and Nathan Clifford, commissioners appointed to + conduct negotiations for the ratification of the treaty lately concluded + between the United States and the Republic of Mexico," I have to state + that in my opinion it would be "inconsistent with the public interests" + to give publicity to these instructions at the present time. +</p> +<p> + I avail myself of this occasion to observe that, as a general rule + applicable to all our important negotiations with foreign powers, it + could not fail to be prejudicial to the public interest to publish the + instructions to our ministers until some time had elapsed after the + conclusion of such negotiations. +</p> +<p> + In the present case the object of the mission of our commissioners to + Mexico has been accomplished. The treaty, as amended by the Senate of + the United States, has been ratified. The ratifications have been + exchanged and the treaty has been proclaimed as the supreme law of the + land. No contingency occurred which made it either necessary or proper + for our commissioners to enter upon any negotiations with the Mexican + Government further than to urge upon that Government the ratification of + the treaty in its amended form. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 31, 1848</i> +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of State, containing + the information called for by the resolution of the Senate of the 24th + of April, 1848, in relation "to the claim of the owners of the ship + <i>Miles</i>, of Warren, in the State of Rhode Island, upon the Government of + Portugal for the payment of a cargo of oil taken by the officers and + applied to the uses of that Government." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>July 31, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 28th instant, + requesting the President to communicate to that body, "in confidence, if + not inconsistent with the public interest, what steps, if any, have been + taken by the Executive to extinguish the rights of the Hudsons Bay and + Puget Sound Land Company within the Territory of Oregon, and such + communications, if any, which may have been received from the British + Government in relation to this subject," I communicate herewith a report + from the Secretary of State, with the accompanying documents. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 1, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of War, containing + the information called for by the resolution of the House of + Representatives of the 17th July, 1848, in relation to the number of + Indians in Oregon, California, and New Mexico, the number of military + posts, the number of troops which will be required in each, and "the + whole military force which should constitute the peace establishment." +</p> +<p> + I have seen no rfeason to change the opinion expressed in my message to + Congress of the 6th July, 1848, transmitting the treaty of peace with + Mexico, that "the old Army, as it existed before the commencement of the + war with Mexico, especially if authority be given to fill up the rank + and file of the several corps to the maximum number authorized during + the war, will be a sufficient force to be retained in service during a + period of peace." +</p> +<p> + The old Army consists of fifteen regiments. By the act of the 13th of + May, 1846, the President was authorized, by "voluntary enlistments, to + increase the number of privates in each or any of the companies of the + existing regiments of dragoons, artillery, and infantry to any number + not exceeding 100," and to "reduce the same to 64 when the exigencies + requiring the present increase shall cease." Should this act remain in + force, the maximum number of the rank and file of the Army authorized by + it would be over 16,000 men, exclusive of officers. Should the authority + conferred by this act be continued, it would depend on the exigencies of + the service whether the number of the rank and file should be increased, + and, if so, to what amount beyond the minimum number of 64 privates to a + company. +</p> +<p> + Allowing 64 privates to a company, the Army would be over 10,000 men, + exclusive of commissioned and noncommissioned officers, a number which, + it is believed, will be sufficient; but, as a precautionary measure, it + is deemed expedient that the Executive should possess the power of + increasing the strength of the respective corps should the exigencies of + the service be such as to require it. Should these exigencies not call + for such increase, the discretionary power given by the act to the + President will not be exercised. +</p> +<p> + It will be seen from the report of the Secretary of War that a portion + of the forces will be employed in Oregon, New Mexico, and Upper + California; a portion for the protection of the Texas frontier adjoining + the Mexican possessions, and bordering on the territory occupied by the + Indian tribes within her limits. After detailing the force necessary for + these objects, it is believed a sufficient number of troops will remain + to afford security and protection to our Indian frontiers in the West + and Northwest and to occupy with sufficient garrisons the posts on our + northern and Atlantic borders. +</p> +<p> + I have no reason at present to believe that any increase of the number + of regiments or corps will be required during a period of peace. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 3, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of War, together with + the accompanying documents, in compliance with the resolution of the + Senate of the 24th July, 1848, requesting the President "to transmit to + the Senate the proceedings of the two courts of inquiry in the case of + Major-General Pillow, the one commenced and terminated in Mexico, and + the other commenced in Mexico and terminated in the United States." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 5, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I nominate Andrew J. Donelson, of Tennessee, to be envoy extraordinary + and minister plenipotentiary of the United States to the Federal + Government of Germany. +</p> +<p> + In submitting this nomination I transmit, for the information of the + Senate, an official dispatch received from the consul of the United + States at Darmstadt, dated July 10, 1848. I deem it proper also to state + that no such diplomatic agent as that referred to by the consul has been + appointed by me. Mr. Deverre, the person alluded to, is unknown to me + and has no authority to represent this Government in any capacity + whatever. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 5, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of War, together with + the accompanying documents, in compliance with a resolution of the House + of Representatives of the 17th of July, 1848, requesting the President + to communicate to the House of Representatives "a copy of the + proceedings of the court of inquiry in Mexico touching the matter which + led to the dismissal from the public service of Lieutenants Joseph S. + Pendee and George E.B. Singletary, of the North Carolina regiment of + volunteers, and all the correspondence between the War Department and + Generals Taylor and Wool in relation to the same." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 8, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In reply to the resolution of the Senate of the 7th instant, requesting + the President to inform that body "whether he has any information that + any citizen or citizens of the United States is or are now preparing or + intending to prepare within the United States an expedition to + revolutionize by force any part of the Republic of Mexico, or to assist + in so doing, and, if he has, what is the extent of such preparation, and + whether he has or is about to take any steps to arrest the same," I have + to state that the Executive is not in possession of any information of + the character called for by the resolution. +</p> +<p> + The late treaty of peace with Mexico has been and will be faithfully + observed on our part. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 8, 1848</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + It affords me satisfaction to communicate herewith, for the information + of Congress, copies of a decree adopted by the National Assembly of + France in response to the resolution of the Congress of the United + States passed on the 13th of April last, "tendering the congratulations + of the American to the French people upon the success of their recent + efforts to consolidate the principles of liberty in a republican form of + government." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 10, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of the Navy, together + with the accompanying documents, in answer to a resolution of the Senate + of the 18th July, 1848, requesting the President to communicate to that + body "any information which may be in the possession of the Executive + relating to the seizure or capture of the American ship <i>Admittance</i> on + the coast of California by a vessel of war of the United States, and + whether any, and what, proceedings have occurred in regard to said + vessel or her cargo, and to furnish the Senate with copies of all + documents, papers, and communications in the possession of the Executive + relating to the same." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 10, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith reports from the Secretary of the Treasury and + the Secretary of War, together with the accompanying documents, in + answer to a resolution of the House of Representatives of the 17th of + July, 1848, requesting the President to inform that body what amount of + public moneys had been respectively paid to Lewis Cass and Zachary + Taylor from the time of their first entrance into the public service up + to this time, distinguishing between regular and extra compensation; + that he also state what amount of extra compensation has been claimed by + either; the items composing the same; when filed; when and by whom + allowed; if disallowed, when and by whom; the reasons for such + disallowance; and whether or not any items so disallowed were + subsequently presented for payment, and, if allowed, when and by whom. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>August 14, 1848</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + When the President has given his official sanction to a bill which has + passed Congress, usage requires that he shall notify the House in which + it originated of that fact. The mode of giving this notification has + been by an oral message delivered by his private secretary. +</p> +<p> + Having this day approved and signed an act entitled "An act to establish + the Territorial government of Oregon," I deem it proper, under the + existing circumstances, to communicate the fact in a more solemn form. + The deeply interesting and protracted discussions which have taken place + in both Houses of Congress and the absorbing interest which the subject + has excited throughout the country justify, in my judgment, this + departure from the form of notice observed in other cases. In this + communication with a coordinate branch of the Government, made proper by + the considerations referred to, I shall frankly and without reserve + express the reasons which have constrained me not to withhold my + signature from the bill to establish a government over Oregon, even + though the two territories of New Mexico and California are to be left + for the present without governments. None doubt that it is proper to + establish a government in Oregon. Indeed, it has been too long delayed. + I have made repeated recommendations to Congress to this effect. The + petitions of the people of that distant region have been presented to + the Government, and ought not to be disregarded. To give to them a + regularly organized government and the protection of our laws, which, as + citizens of the United States, they claim, is a high duty on our part, + and one which we are bound to perform, unless there be controlling + reasons to prevent it. +</p> +<p> + In the progress of all governments questions of such transcendent + importance occasionally arise as to cast in the shade all those of a + mere party character. But one such question can now be agitated in this + country, and this may endanger our glorious Union, the source of our + greatness and all our political blessings. This question is slavery. + With the slaveholding States this does not embrace merely the rights of + property, however valuable, but it ascends far higher, and involves the + domestic peace and security of every family. +</p> +<p> + The fathers of the Constitution, the wise and patriotic men who laid the + foundation of our institutions, foreseeing the danger from this quarter, + acted in a spirit of compromise and mutual concession on this dangerous + and delicate subject, and their wisdom ought to be the guide of their + successors. Whilst they left to the States exclusively the question of + domestic slavery within their respective limits, they provided that + slaves who might escape into other States not recognizing the + institution of slavery shall be "delivered up on the claim of the party + to whom such service or labor may be due." +</p> +<p> + Upon this foundation the matter rested until the Missouri question + arose. +</p> +<p> + In December, 1819, application was made to Congress by the people of the + Missouri Territory for admission into the Union as a State. The + discussion upon the subject in Congress involved the question of + slavery, and was prosecuted with such violence as to produce excitements + alarming to every patriot in the Union. But the good genius of + conciliation, which presided at the birth of our institutions, finally + prevailed, and the Missouri compromise was adopted. The eighth section + of the act of Congress of the 6th of March, 1820, "to authorize the + people of the Missouri Territory to form a constitution and State + government," etc., provides: +</p> +<p class="q"> + That in all that territory ceded by France to the United States under + the name of Louisiana which lies north of 36 degrees 30 minutes north + latitude, not included within the limits of the State contemplated by + this act, slavery and involuntary servitude, otherwise than in the + punishment of crimes, whereof the parties shall have been duly + convicted, shall be, and is hereby, forever prohibited: <i>Provided + always</i>, That any person escaping into the same from whom labor or + service is lawfully claimed in any State or Territory of the United + States, such fugitive may be lawfully reclaimed and conveyed to the + person claiming his or her labor or service as aforesaid. +</p> +<p> + This compromise had the effect of calming the troubled waves and + restoring peace and good will throughout the States of the Union. +</p> +<p> + The Missouri question had excited intense agitation of the public mind, + and threatened to divide the country into geographical parties, + alienating the feelings of attachment which each portion of our Union + should bear to every other. The compromise allayed the excitement, + tranquilized the popular mind, and restored confidence and fraternal + feelings. Its authors were hailed as public benefactors. +</p> +<p> + I do not doubt that a similar adjustment of the questions which now + agitate the public mind would produce the same happy results. If the + legislation of Congress on the subject of the other Territories shall + not be adopted in a spirit of conciliation and compromise, it is + impossible that the country can be satisfied or that the most disastrous + consequences shall fail to ensue. +</p> +<p> + When Texas was admitted into the Union, the same spirit of compromise + which guided our predecessors in the admission of Missouri a quarter of + a century before prevailed without any serious opposition. The joint + resolution for annexing Texas to the United States, approved March 1, + 1845, provides that— +</p> +<p class="q"> + Such States as may be formed out of that portion of said territory lying + south of 36 degrees 30 minutes north latitude, commonly known as the + Missouri compromise line, shall be admitted into the Union with or + without slavery, as the people of each State asking admission may + desire; and in such State or States as shall be formed out of said + territory north of the Missouri compromise line slavery or involuntary + servitude (except for crime) shall be prohibited. +</p> +<p> + The Territory of Oregon lies far north of 36 degrees 30 minutes, the + Missouri and Texas compromise line. Its southern boundary is the + parallel of 42 degrees, leaving the intermediate distance to be 330 + geographical miles. And it is because the provisions of this bill are + not inconsistent with the laws of the Missouri compromise, if extended + from the Rio Grande to the Pacific Ocean, that I have not felt at + liberty to withhold my sanction. Had it embraced territories south of + that compromise, the question presented for my consideration would have + been of a far different character, and my action upon it must have + corresponded with my convictions. +</p> +<p> + Ought we now to disturb the Missouri and Texas compromises? Ought we at + this late day, in attempting to annul what has been so long established + and acquiesced in, to excite sectional divisions and jealousies, to + alienate the people of different portions of the Union from each other, + and to endanger the existence of the Union itself? +</p> +<p> + From the adoption of the Federal Constitution, during a period of sixty + years, our progress as a nation has been without example in the annals + of history. Under the protection of a bountiful Providence, we have + advanced with giant strides in the career of wealth and prosperity. We + have enjoyed the blessings of freedom to a greater extent than any other + people, ancient or modern, under a Government which has preserved order + and secured to every citizen life, liberty, and property. We have now + become an example for imitation to the whole world. The friends of + freedom in every clime point with admiration to our institutions. Shall + we, then, at the moment when the people of Europe are devoting all their + energies in the attempt to assimilate their institutions to our own, + peril all our blessings by despising the lessons of experience and + refusing to tread in the footsteps which our fathers have trodden? And + for what cause would we endanger our glorious Union? The Missouri + compromise contains a prohibition of slavery throughout all that vast + region extending twelve and a half degrees along the Pacific, from the + parallel of 36 degrees 30 minutes to that of 49 degrees, and east from + that ocean to and beyond the summit of the Rocky Mountains. Why, then, + should our institutions be endangered because it is proposed to submit + to the people of the remainder of our newly acquired territory lying + south of 36 degrees 30 minutes, embracing less than four degrees of + latitude, the question whether, in the language of the Texas compromise, + they "shall be admitted [as a State] into the Union with or without + slavery." Is this a question to be pushed to such extremities by excited + partisans on the one side or the other, in regard to our newly acquired + distant possessions on the Pacific, as to endanger the Union of thirty + glorious States, which constitute our Confederacy? I have an abiding + confidence that the sober reflection and sound patriotism of the people + of all the States will bring them to the conclusion that the dictate of + wisdom is to follow the example of those who have gone before us, and + settle this dangerous question on the Missouri compromise, or some other + equitable compromise which would respect the rights of all and prove + satisfactory to the different portions of the Union. +</p> +<p> + Holding as a sacred trust the Executive authority for the whole Union, + and bound to guard the rights of all, I should be constrained by a sense + of duty to withhold my official sanction from any measure which would + conflict with these important objects. +</p> +<p> + I can not more appropriately close this message than by quoting from the + Farewell Address of the Father of his Country. His warning voice can + never be heard in vain by the American people. If the spirit of prophecy + had distinctly presented to his view more than a half century ago the + present distracted condition of his country, the language which he then + employed could not have been more appropriate than it is to the present + occasion. He declared: +</p> +<p class="q"> + The unity of government which constitutes you one people is also now + dear to you. It is justly so, for it is a main pillar in the edifice of + your real independence, the support of your tranquillity at home, your + peace abroad, of your safety, of your prosperity, of that very liberty + which you so highly prize. But as it is easy to foresee that from + different causes and from different quarters much pains will be taken, + many artifices employed, to weaken in your minds the conviction of this + truth, as this is the point in your political fortress against which the + batteries of internal and external enemies will be most constantly and + actively (though often covertly and insidiously) directed, it is of + infinite moment that you should properly estimate the immense value of + your national union to your collective and individual happiness; that + you should cherish a cordial, habitual, and immovable attachment to it; + accustoming yourselves to think and speak of it as of the palladium of + your political safety and prosperity; watching for its preservation with + jealous anxiety; discountenancing whatever may suggest even a suspicion + that it can in any event be abandoned, and indignantly frowning upon the + first dawning of every attempt to alienate any portion of our country + from the rest or to enfeeble the sacred ties which now link together the + various parts. +</p><p class="q"> + For this you have every inducement of sympathy and interest. Citizens + by birth or choice of a common country, that country has a right to + concentrate your affections. The name of American, which belongs to + you in your national capacity, must always exalt the just pride of + patriotism more than any appellation derived from local discriminations. + With slight shades of difference, you have the same religion, manners, + habits, and political principles. You have in a common cause fought and + triumphed together. The independence and liberty you possess are the + work of joint councils and joint efforts, of common dangers, sufferings, + and successes. +</p> +<hr> +<p class="q"> + With such powerful and obvious motives to union affecting all parts + of our country, while experience shall not have demonstrated its + impracticability, there will always be reason to distrust the + patriotism of those who in any quarter may endeavor to weaken its + bands. +</p><p class="q"> + In contemplating the causes which may disturb our union it occurs as + matter of serious concern that any ground should have been furnished for + characterizing parties by <i>geographical</i> discriminations—<i>Northern</i> and + <i>Southern</i>, <i>Atlantic</i> and <i>Western</i>—whence designing men may endeavor + to excite a belief that there is a real difference of local interests + and views. One of the expedients of party to acquire influence within + particular districts is to misrepresent the opinions and aims of other + districts. You can not shield yourselves too much against the jealousies + and heartburnings which spring from these misrepresentations; they tend + to render alien to each other those who ought to be bound together by + fraternal affection. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0015"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGE.<a href="#note-20"><small>20</small></a> +</h2> +<p class="r"> + WASHINGTON, <i>December 15, 1847</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + On the last day of the last session of Congress a bill entitled "An act + to provide for continuing certain works in the Territory of Wisconsin, + and for other purposes," which had passed both Houses, was presented to + me for my approval. I entertained insuperable objections to its becoming + a law, but the short period of the session which remained afforded me no + sufficient opportunity to prepare my objections and communicate them + with the bill to the House of Representatives, in which it originated. + For this reason the bill was retained, and I deem it proper now to state + my objections to it. +</p> +<p> + Although from the title of the bill it would seem that its main object + was to make provision for continuing certain works already commenced in + the Territory of Wisconsin, it appears on examination of its provisions + that it contains only a single appropriation of $6,000 to be applied + within that Territory, while it appropriates more than half a million of + dollars for the improvement of numerous harbors and rivers lying within, + the limits and jurisdiction of several of the States of the Union. +</p> +<p> + At the preceding session of Congress it became my duty to return with my + objections to the House in which it originated a bill making similar + appropriations and involving like principles, and the views then + expressed remain unchanged. +</p> +<p> + The circumstances under which this heavy expenditure of public money was + proposed were of imposing weight in determining upon its expediency. + Congress had recognized the existence of war with Mexico, and to + prosecute it to "a speedy and successful termination" had made + appropriations exceeding our ordinary revenues. To meet the emergency + and provide for the expenses of the Government, a loan of $23,000,000 + was authorized at the same session, which has since been negotiated. The + practical effect of this bill, had it become a law, would have been to + add the whole amount appropriated by it to the national debt. It would, + in fact, have made necessary an additional loan to that amount as + effectually as if in terms it had required the Secretary of the Treasury + to borrow the money therein appropriated. The main question in that + aspect is whether it is wise, while all the means and credit of the + Government are needed to bring the existing war to an honorable close, + to impair the one and endanger the other by borrowing money to be + expended in a system of internal improvements capable of an expansion + sufficient to swallow up the revenues not only of our own country, but + of the civilized world? It is to be apprehended that by entering upon + such a career at this moment confidence at home and abroad in the wisdom + and prudence of the Government would be so far impaired as to make it + difficult, without an immediate resort to heavy taxation, to maintain + the public credit and to preserve the honor of the nation and the glory + of our arms in prosecuting the existing war to a successful conclusion. + Had this bill become a law, it is easy to foresee that largely increased + demands upon the Treasury would have been made at each succeeding + session of Congress for the improvements of numerous other harbors, + bays, inlets, and rivers of equal importance with those embraced by its + provisions. Many millions would probably have been added to the + necessary amount of the war debt, the annual interest on which must also + have been borrowed, and finally a permanent national debt been fastened + on the country and entailed on posterity. +</p> +<p> + The policy of embarking the Federal Government in a general system of + internal improvements had its origin but little more than twenty years + ago. In a very few years the applications to Congress for appropriations + in furtherance of such objects exceeded $200,000,000. In this alarming + crisis President Jackson refused to approve and sign the Maysville road + bill, the Wabash River bill, and other bills of similar character. His + interposition put a check upon the new policy of throwing the cost of + local improvements upon the National Treasury, preserved the revenues of + the nation for their legitimate objects, by which he was enabled to + extinguish the then existing public debt and to present to an admiring + world the unprecedented spectacle in modern times of a nation free from + debt and advancing to greatness with unequaled strides under a + Government which was content to act within its appropriate sphere in + protecting the States and individuals in their own chosen career of + improvement and of enterprise. Although the bill under consideration + proposes no appropriation ior a road or canal, it is not easy to + perceive the difference in principle or mischievous tendency between + appropriations for making roads and digging canals and appropriations to + deepen rivers and improve harbors. All are alike within the limits and + jurisdiction of the States, and rivers and harbors alone open an abyss + of expenditure sufficient to swallow up the wealth of the nation and + load it with a debt which may fetter its energies and tax its industry + for ages to come. +</p> +<p> + The experience of several of the States, as well as that of the United + States, during the period that Congress exercised the power of + appropriating the public money for internal improvements is full of + eloquent warnings. It seems impossible, in the nature of the subject, as + connected with local representation, that the several objects presented + for improvement shall be weighed according to their respective merits + and appropriations confined to those whose importance would justify a + tax on the whole community to effect their accomplishment. +</p> +<p> + In some of the States systems of internal improvements have been + projected, consisting of roads and canals, many of which, taken + separately, were not of sufficient public importance to justify a tax on + the entire population of the State to effect their construction, and yet + by a combination of local interests, operating on a majority of the + legislature, the whole have been authorized and the States plunged into + heavy debts. To an extent so ruinous has this system of legislation been + carried in some portions of the Union that the people have found it + necessary to their own safety and prosperity to forbid their + legislatures, by constitutional restrictions, to contract public debts + for such purposes without their immediate consent. +</p> +<p> + If the abuse of power has been so fatal in the States, where the systems + of taxation are direct and the representatives responsible at short + periods to small masses of constituents, how much greater danger of + abuse is to be apprehended in the General Government, whose revenues are + raised by indirect taxation and whose functionaries are responsible to + the people in larger masses and for longer terms. +</p> +<p> + Regarding only objects of improvement of the nature of those embraced in + this bill, how inexhaustible we shall find them. Let the imagination run + along our coast from the river St. Croix to the Rio Grande and trace + every river emptying into the Atlantic and Gulf of Mexico to its source; + let it coast along our lakes and ascend all their tributaries; let it + pass to Oregon and explore all its bays, inlets, and streams; and then + let it raise the curtain of the future and contemplate the extent of + this Republic and the objects of improvement it will embrace as it + advances to its high destiny, and the mind will be startled at the + immensity and danger of the power which the principle of this bill + involves. +</p> +<p> + Already our Confederacy consists of twenty-nine States. Other States may + at no distant period be expected to be formed on the west of our present + settlements. We own an extensive country in Oregon, stretching many + hundreds of miles from east to west and seven degrees of latitude from + south to north. By the admission of Texas into the Union we have + recently added many hundreds of miles to our seacoast. In all this vast + country, bordering on the Atlantic and Pacific, there are many thousands + of bays, inlets, and rivers equally entitled to appropriations for their + improvement with the objects embraced in this bill. +</p> +<p> + We have seen in our States that the interests of individuals or + neighborhoods, combining against the general interest, have involved + their governments in debts and bankruptcy; and when the system prevailed + in the General Government, and was checked by President Jackson, it had + begun to be considered the highest merit in a member of Congress to be + able to procure appropriations of public money to be expended within his + district or State, whatever might be the object. We should be blind to + the experience of the past if we did not see abundant evidences that if + this system of expenditure is to be indulged in combinations of + individual and local interests will be found strong enough to control + legislation, absorb the revenues of the country, and plunge the + Government into a hopeless indebtedness. +</p> +<p> + What is denominated a harbor by this system does not necessarily mean a + bay, inlet, or arm of the sea on the ocean or on our lake shores, on the + margin of which may exist a commercial city or town engaged in foreign + or domestic trade, but is made to embrace waters, where there is not + only no such city or town, but no commerce of any kind. By it a bay or + sheet of shoal water is called a <i>harbor</i>, and appropriations demanded + from Congress to deepen it with a View to draw commerce to it or to + enable individuals to build up a town or city on its margin upon + speculation and for their own private advantage. +</p> +<p> + What is denominated a river which may be improved in the system is + equally undefined in its meaning. It may be the Mississippi or it may be + the smallest and most obscure and unimportant stream bearing the name of + river which is to be found in any State in the Union. +</p> +<p> + Such a system is subject, moreover, to be perverted to the + accomplishment of the worst of political purposes. During the few years + it was in full operation, and which immediately preceded the veto of + President Jackson of the Maysville road bill, instances were numerous of + public men seeking to gain popular favor by holding out to the people + interested in particular localities the promise of large disbursements + of public money. Numerous reconnoissances and surveys were made during + that period for roads and canals through many parts of the Union, and + the people in the vicinity of each were led to believe that their + property would be enhanced in value and they themselves be enriched by + the large expenditures which they were promised by the advocates of the + system should be made from the Federal Treasury in their neighborhood. + Whole sections of the country were thus sought to be influenced, and the + system was fast becoming one not only of profuse and wasteful + expenditure, but a potent political engine. +</p> +<p> + If the power to improve a harbor be admitted, it is not easy to perceive + how the power to deepen every inlet on the ocean or the lakes and make + harbors where there are none can be denied. If the power to clear out or + deepen the channel of rivers near their mouths be admitted, it is not + easy to perceive how the power to improve them to their fountain head + and make them navigable to their sources can be denied. Where shall the + exercise of the power, if it be assumed, stop? Has Congress the power + when an inlet is deep enough to admit a schooner to deepen it still + more, so that it will admit ships of heavy burden, and has it not the + power when an inlet will admit a boat to make it deep enough to admit a + schooner? May it improve rivers deep enough already to float ships and + steamboats, and has it no power to improve those which are navigable + only for flatboats and barges? May the General Government exercise power + and jurisdiction over the soil of a State consisting of rocks and sand + bars in the beds of its rivers, and may it not excavate a canal around + its waterfalls or across its lands for precisely the same object? +</p> +<p> + Giving to the subject the most serious and candid consideration of which + my mind is capable, I can not perceive any intermediate grounds. The + power to improve harbors and rivers for purposes of navigation, by + deepening or clearing out, by dams and sluices, by locking or canalling, + must be admitted without any other limitation than the discretion of + Congress, or it must be denied altogether. If it be admitted, how broad + and how susceptible of enormous abuses is the power thus vested in the + General Government! There is not an inlet of the ocean or the Lakes, not + a river, creek, or streamlet within the States, which is not brought for + this purpose within the power and jurisdiction of the General + Government. +</p> +<p> + Speculation, disguised under the cloak of public good, will call on + Congress to deepen shallow inlets, that it may build up new cities on + their shores, or to make streams navigable which nature has closed by + bars and rapids, that it may sell at a profit its lands upon their + banks. To enrich neighborhoods by spending within them the moneys of the + nation will be the aim and boast of those who prize their local + interests above the good of the nation, and millions upon millions will + be abstracted by tariffs and taxes from the earnings of the whole people + to foster speculation and subserve the objects of private ambition. +</p> +<p> + Such a system could not be administered with any approach to equality + among the several States and sections of the Union. There is no equality + among them in the objects of expenditure, and if the funds were + distributed according to the merits of those objects some would be + enriched at the expense of their neighbors. But a greater practical evil + would be found in the art and industry by which appropriations would be + sought and obtained. The most artful and industrious would be the most + successful. The true interests of the country would be lost sight of in + an annual scramble for the contents of the Treasury, and the Member of + Congress who could procure the largest appropriations to be expended in + his district would claim the reward of victory from his enriched + constituents. The necessary consequence would be sectional discontents + and heartburnings, increased taxation, and a national debt never to be + extinguished. +</p> +<p> + In view of these portentous consequences, I can not but think that this + course of legislation should be arrested, even were there nothing to + forbid it in the fundamental laws of our Union. This conclusion is + fortified by the fact that the Constitution itself indicates a process + by which harbors and rivers within the States may be improved—a process + not susceptible of the abuses necessarily to flow from the assumption of + the power to improve them by the General Government, just in its + operation, and actually practiced upon, without complaint or + interruption, during more than thirty years from the organization of the + present Government. +</p> +<p> + The Constitution provides that "no State shall, without the consent of + Congress, lay any duty of tonnage." With the "consent" of Congress, such + duties may be levied, collected, and expended by the States. We are not + left in the dark as to the objects of this reservation of power to the + States. The subject was fully considered by the Convention that framed + the Constitution. It appears in Mr. Madison's report of the proceedings + of that body that one object of the reservation was that the States + should not be restrained from laying duties of tonnage for the purpose + of clearing harbors. Other objects were named in the debates, and among + them the support of seamen. Mr. Madison, treating on this subject in the + Federalist, declares that— +</p> +<p class="q"> + The restraint on the power of the States over imports and exports is + enforced by all the arguments which prove the necessity of submitting + the regulation of trade to the Federal councils. It is needless, + therefore, to remark further on this head than that the manner in which + the restraint is qualified seems well calculated at once to secure to + the States a reasonable discretion in providing for the conveniency of + their imports and exports, and to the United States a reasonable check + against the abuse of this discretion. +</p> +<p> + The States may lay tonnage duties for clearing harbors, improving + rivers, or for other purposes, but are restrained from abusing the + power, because before such duties can take effect the "consent" of + Congress must be obtained. Here is a safe provision for the improvement + of harbors and rivers in the reserved powers of the States and in the + aid they may derive from duties of tonnage levied with the consent of + Congress. Its safeguards are, that both the State legislatures and + Congress have to concur in the act of raising the funds; that they are + in every instance to be levied upon the commerce of those ports which + are to profit by the proposed improvement; that no question of + conflicting power or jurisdiction is involved; that the expenditure, + being in the hands of those who are to pay the money and be immediately + benefited, will be more carefully managed and more productive of good + than if the funds were drawn from the National Treasury and disbursed by + the officers of the General Government; that such a system will carry + with it no enlargement of Federal power and patronage, and leave the + States to be the sole judges of their own wants and interests, with only + a conservative negative in Congress upon any abuse of the power which + the States may attempt. +</p> +<p> + Under this wise system the improvement of harbors and rivers was + commenced, or rather continued, from the organization of the Government + under the present Constitution. Many acts were passed by the several + States levying duties of tonnage, and many were passed by Congress + giving their consent to those acts. Such acts have been passed by + Massachusetts, Rhode Island, Pennsylvania, Maryland, Virginia, North + Carolina, South Carolina, and Georgia, and have been sanctioned by the + consent of Congress. Without enumerating them all, it may be instructive + to refer to some of them, as illustrative of the mode of improving + harbors and rivers in the early periods of our Government, as to the + constitutionality of which there can be no doubt. +</p> +<p> + In January, 1790, the State of Rhode Island passed a law levying a + tonnage duty on vessels arriving in the port of Providence, "for the + purpose of clearing and deepening the channel of Providence River and + making the same more navigable." +</p> +<p> + On the 2d of February, 1798, the State of Massachusetts passed a law + levying a tonnage duty on all vessels, whether employed in the foreign + or coasting trade, which might enter into the Kennebunk River, for the + improvement of the same by "rendering the passage in and out of said + river less difficult and dangerous." +</p> +<p> + On the 1st of April, 1805, the State of Pennsylvania passed a law + levying a tonnage duty on vessels, "to remove the obstructions to the + navigation of the river Delaware below the city of Philadelphia." +</p> +<p> + On the 23d of January, 1804, the State of Virginia passed a law levying + a tonnage duty on vessels, "for improving the navigation of James + River." +</p> +<p> + On the 22d of February, 1826, the State of Virginia passed a law levying + a tonnage duty on vessels, "for improving the navigation of James River + from Warwick to Rocketts landing." +</p> +<p> + On the 8th of December, 1824, the State of Virginia passed a law levying + a tonnage duty on vessels, "for improving the navigation of Appomattox + River from Pocahontas Bridge to Broadway." +</p> +<p> + In November, 1821, the State of North Carolina passed a law levying a + tonnage duty on vessels, "for the purpose of opening an inlet at the + lower end of Albemarle Sound, near a place called Nags Head, and + improving the navigation of said sound, with its branches;" and in + November, 1828, an amendatory law was passed. +</p> +<p> + On the 21st of December, 1804, the State of South Carolina passed a law + levying a tonnage duty, for the purpose of "building a marine hospital + in the vicinity of Charleston," and on the 17th of December, 1816, + another law was passed by the legislature of that State for the + "maintenance of a marine hospital." +</p> +<p> + On the 10th of February, 1787, the State of Georgia passed a law levying + a tonnage duty on all vessels entering into the port of Savannah, for + the purpose of "clearing" the Savannah River of "wrecks and other + obstructions" to the navigation. +</p> +<p> + On the 12th of December, 1804, the State of Georgia passed a law levying + a tonnage duty on vessels, "to be applied to the payment of the fees of + the harbor master and health officer of the ports of Savannah and St. + Marys." +</p> +<p> + In April, 1783, the State of Maryland passed a law laying a tonnage duty + on vessels, for the improvement of the "basin" and "harbor" of Baltimore + and the "river Patapsco." +</p> +<p> + On the 26th of December, 1791, the State of Maryland passed a law + levying a tonnage duty on vessels, for the improvement of the "harbor + and port of Baltimore." +</p> +<p> + On the 28th of December, 1793, the State of Maryland passed a law + authorizing the appointment of a health officer for the port of + Baltimore, and laying a tonnage duty on vessels to defray the expenses. +</p> +<p> + Congress has passed many acts giving its "consent" to these and other + State laws, the first of which is dated in 1790 and the last in 1843. By + the latter act the "consent" of Congress was given to the law of the + legislature of the State of Maryland laying a tonnage duty on vessels + for the improvement of the harbor of Baltimore, and continuing it in + force until the 1st day of June, 1850. I transmit herewith copies of + such of the acts of the legislatures of the States on the subject, and + also the acts of Congress giving its "consent" thereto, as have been + collated. +</p> +<p> + That the power was constitutionally and rightfully exercised in these + cases does not admit of a doubt. +</p> +<p> + The injustice and inequality resulting from conceding the power to both + Governments is illustrated by several of the acts enumerated. Take that + for the improvement of the harbor of Baltimore. That improvement is paid + for exclusively by a tax on the commerce of that city, but if an + appropriation be made from the National Treasury for the improvement of + the harbor of Boston it must be paid in part out of taxes levied on the + commerce of Baltimore. The result is that the commerce of Baltimore pays + the full cost of the harbor improvement designed for its own benefit, + and in addition contributes to the cost of all other harbor and river + improvements in the Union. The facts need but be stated to prove the + inequality and injustice which can not but flow from the practice + embodied in this bill. Either the subject should be left as it was + during the first third of a century, or the practice of levying tonnage + duties by the States should be abandoned altogether and all harbor and + river improvements made under the authority of the United States, and by + means of direct appropriations. In view not only of the constitutional + difficulty, but as a question of policy, I am clearly of opinion that + the whole subject should be left to the States, aided by such tonnage + duties on vessels navigating their waters as their respective + legislatures may think proper to propose and Congress see fit to + sanction. This "consent" of Congress would never be refused in any case + where the duty proposed to be levied by the State was reasonable and + where the object of improvement was one of importance. The funds + required for the improvement of harbors and rivers may be raised in this + mode, as was done in the earlier periods of the Government, and thus + avoid a resort to a strained construction of the Constitution not + warranted by its letter. If direct appropriations be made of the money + in the Federal Treasury for such purposes, the expenditures will be + unequal and unjust. The money in the Federal Treasury is paid by a tax + on the whole people of the United States, and if applied to the purposes + of improving harbors and rivers it will be partially distributed and be + expended for the advantage of particular States, sections, or localities + at the expense of others. +</p> +<p> + By returning to the early and approved construction of the Constitution + and to the practice under it this inequality and injustice will be + avoided and at the same time all the really important improvements be + made, and, as our experience has proved, be better made and at less cost + than they would be by the agency of officers of the United States. The + interests benefited by these improvements, too, would bear the cost + of making them, upon the same principle that the expenses of the + Post-Office establishment have always been defrayed by those who derive + benefits from it. The power of appropriating money from the Treasury for + such improvements was not claimed or exercised for more than thirty + years after the organization of the Government in 1789, when a more + latitudinous construction was indicated, though it was not broadly + asserted and exercised until 1825. Small appropriations were first made + in 1820 and 1821 for surveys. An act was passed on the 3d of March, + 1823, authorizing the President to "cause an examination and survey to + be made of the obstructions between the harbor of Gloucester and the + harbor of Squam, in the State of Massachusetts," and of "the entrance of + the harbor of the port of Presque Isle, in Pennsylvania," with a view to + their removal, and a small appropriation was made to pay the necessary + expenses. This appears to have been the commencement of harbor + improvements by Congress, thirty-four years after the Government went + into operation under the present Constitution. On the 30th of April, + 1824, an act was passed making an appropriation of $30,000, and + directing "surveys and estimates to be made of the routes of such roads + and canals" as the President "may deem of national importance in a + commercial or military point of view or necessary for the transportation + of the mails." This act evidently looked to the adoption of a general + system of internal improvements, to embrace roads and canals as well + as harbors and rivers. On the 26th May, 1824, an act was passed making + appropriations for "deepening the channel leading into the harbor of + Presque Isle, in the State of Pennsylvania," and to "repair Plymouth + Beach, in the State of Massachusetts, and thereby prevent the harbor + at that place from being destroyed." +</p> +<p> + President Monroe yielded his approval to these measures, though he + entertained, and had, in a message to the House of Representatives on + the 4th of May, 1822, expressed, the opinion that the Constitution had + not conferred upon Congress the power to "adopt and execute a system of + internal improvements." He placed his approval upon the ground, not that + Congress possessed the power to "adopt and execute" such a system by + virtue of any or all of the enumerated grants of power in the + Constitution, but upon the assumption that the power to make + appropriations of the public money was limited and restrained only by + the discretion of Congress. In coming to this conclusion he avowed that + "in the more early stage of the Government" he had entertained a + different opinion. He avowed that his first opinion had been that "as + the National Government is a Government of limited powers, it has no + right to expend money except in the performance of acts authorized by + the other specific grants, according to a strict construction of their + powers," and that the power to make appropriations gave to Congress no + discretionary authority to apply the public money to any other purposes + or objects except to "carry into effect the powers contained in the + other grants." These sound views, which Mr. Monroe entertained "in the + early stage of the Government," he gave up in 1822, and declared that— +</p> +<p class="q"> + The right of appropriation is nothing more than a right to apply the + public money to this or that purpose. It has no incidental power, nor + does it draw after it any consequences of that kind. All that Congress + could do under it in the case of internal improvements would be to + appropriate the money necessary to make them. For every act requiring + legislative sanction or support the State authority must be relied on. + The condemnation of the land, if the proprietors should refuse to sell + it, the establishment of tumpikes and tolls, and the protection of the + work when finished must be done by the State. To these purposes the + powers of the General Government are believed to be utterly incompetent. +</p> +<p> + But it is impossible to conceive on what principle the power of + appropriating public money when in the Treasury can be construed to + extend to objects for which the Constitution does not authorize Congress + to levy taxes or imposts to raise money. The power of appropriation is + but the consequence of the power to raise money; and the true inquiry is + whether Congress has the right to levy taxes for the object over which + power is claimed. +</p> +<p> + During the four succeeding years embraced by the Administration of + President Adams the power not only to appropriate money, but to apply + it, under the direction and authority of the General Government, as well + to the construction of roads as to the improvement of harbors and + rivers, was fully asserted and exercised. +</p> +<p> + Among other acts assuming the power was one passed on the 20th of May, + 1826, entitled "An act for improving certain harbors and the navigation + of certain rivers and creeks, and for authorizing surveys to be made of + certain bays, sounds, and rivers therein mentioned." By that act large + appropriations were made, which were to be "applied, under the direction + of the President of the United States," to numerous improvements + in ten of the States. This act, passed thirty-seven years after + the organisation of the present Government, contained the first + appropriation ever made for the improvement of a navigable river, + unless it be small appropriations for examinations and surveys in 1820. + During the residue of that Administration many other appropriations of + a similar character were made, embracing roads, rivers, harbors, and + canals, and objects claiming the aid of Congress multiplied without + number. +</p> +<p> + This was the first breach effected in the barrier which the universal + opinion of the framers of the Constitution had for more than thirty + years thrown in the way of the assumption of this power by Congress. + The general mind of Congress and the country did not appreciate the + distinction taken by President Monroe between the right to appropriate + money for an object and the right to apply and expend it without the + embarrassment and delay of applications to the State governments. + Probably no instance occurred in which such an application was made, and + the flood gates being thus hoisted the principle laid down by him was + disregarded, and applications for aid from the Treasury, virtually to + make harbors as well as improve them, clear out rivers, cut canals, and + construct roads, poured into Congress in torrents until arrested by the + veto of President Jackson. His veto of the Maysville road bill was + followed up by his refusal to sign the "Act making appropriations for + building light-houses, light-boats, beacons, and monuments, placing + buoys, improving harbors, and directing surveys;" "An act authorizing + subscriptions for stock in the Louisville and Portland Canal Company;" + "An act for the improvement of certain harbors and the navigation of + certain rivers;" and, finally, "An act to improve the navigation of + the Wabash River." In his objections to the act last named he says: +</p> +<p class="q"> + The desire to embark the Federal Government in works of internal + improvement prevailed in the highest degree during the first session of + the first Congress that I had the honor to meet in my present situation. + When the bill authorizing a subscription on the part of the United + States for stock in the Maysville and Lexington Tumpike Company passed + the two Houses, there had been reported by the Committees of Internal + Improvements bills containing appropriations for such objects, inclusive + of those for the Cumberland road and for harbors and light-houses, to + the amount of $106,000,000. In this amount was included authority to + the Secretary of the Treasury to subscribe for the stock of different + companies to a great extent, and the residue was principally for the + direct construction of roads by this Government, in addition to these + projects, which had been presented to the two Houses under the sanction + and recommendation of their respective Committees on Internal + Improvements, there were then still pending before the committees and in + memorials to Congress presented but not referred different projects for + works of a similar character, the expense of which can not be estimated + with certainty, but must have exceeded $100,000,000. +</p> +<p> + Thus, within the brief period of less than ten years after the + commencement of internal improvements by the General Government the sum + asked for from the Treasury for various projects amounted to more than + $200,000,000. President Jackson's powerful and disinterested appeals to + his country appear to have put down forever the assumption of power to + make roads and cut canals, and to have checked the prevalent disposition + to bring all rivers in any degree navigable within the control of the + General Government. But an immense field for expending the public money + and increasing the power and patronage of this Government was left open + in the concession of even a limited power of Congress to improve harbors + and rivers—a field which millions will not fertilize to the + satisfaction of those local and speculating interests by which these + projects are in general gotten up. There can not be a just and equal + distribution of public burdens and benefits under such a system, nor can + the States be relieved from the danger of fatal encroachment, nor the + United States from the equal danger of consolidation, otherwise than by + an arrest of the system and a return to the doctrines and practices + which prevailed during the first thirty years of the Government. +</p> +<p> + How forcibly does the history of this subject illustrate the tendency of + power to concentration in the hands of the General Government. The power + to improve their own harbors and rivers was clearly reserved to the + States, who were to be aided by tonnage duties levied and collected by + themselves, with the consent of Congress. For thirty-four years + improvements were carried on under that system, and so careful was + Congress not to interfere, under any implied power, with the soil or + jurisdiction of the States that they did not even assume the power to + erect lighthouses or build piers without first purchasing the ground, + with the consent of the States, and obtaining jurisdiction over it. + At length, after the lapse of thirty-three years, an act is passed + providing for the examination of certain obstructions at the mouth of + one or two harbors almost unknown. It is followed by acts making small + appropriations for the removal of those obstructions. The obstacles + interposed by President Monroe, after conceding the power to + appropriate, were soon swept away. Congress virtually assumed + jurisdiction of the soil and waters of the States, without their + consent, for the purposes of internal improvement, and the eyes of eager + millions were turned from the State governments to Congress as the + fountain whose golden streams were to deepen their harbors and rivers, + level their mountains, and fill their valleys with canals. To what + consequences this assumption of power was rapidly leading is shown by + the veto messages of President Jackson, and to what end it is again + tending is witnessed by the provisions of this bill and bills of similar + character. +</p> +<p> + In the proceedings and debates of the General Convention which formed + the Constitution and of the State conventions which adopted it nothing + is found to countenance the idea that the one intended to propose or the + others to concede such a grant of power to the General Government as the + building up and maintaining of a system of internal improvements within + the States necessarily implies. Whatever the General Government may + constitutionally create, it may lawfully protect. If it may make a road + upon the soil of the States, it may protect it from destruction or + injury by penal laws. So of canals, rivers, and harbors. If it may put + a dam in a river, it may protect that dam from removal or injury, in + direct opposition to the laws, authorities, and people of the State in + which it is situated. If it may deepen a harbor, it may by its own laws + protect its agents, and contractors from being driven from their work + even by the laws and authorities of the State. The power to make a road + or canal or to dig up the bottom of a harbor or river implies a right in + the soil of the State and a jurisdiction over it, for which it would be + impossible to find any warrant. +</p> +<p> + The States were particularly jealous of conceding to the General + Government any right of jurisdiction over their soil, and in the + Constitution restricted the exclusive legislation of Congress to such + places as might be "purchased with the consent of the States in which + the same shall be, for the erection of forts, magazines, dockyards, and + other needful buildings." That the United States should be prohibited + from purchasing lands within the States without their consent, even for + the most essential purposes of national defense, while left at liberty + to purchase or seize them for roads, canals, and other improvements of + immeasurably less importance, is not to be conceived. +</p> +<p> + A proposition was made in the Convention to provide for the appointment + of a "Secretary of Domestic Affairs," and make it his duty, among other + things, "to attend to the opening of roads and navigation and the + facilitating communications through the United States." It was referred + to a committee, and that appears to have been the last of it. On a + subsequent occasion a proposition was made to confer on Congress the + power to "provide for the cutting of canals when deemed necessary," + which was rejected by the strong majority of eight States to three. + Among the reasons given for the rejection of this proposition, it was + urged that "the expense in such cases will fall on the United States + and the benefits accrue to the places where the canals may be cut." +</p> +<p> + During the consideration of this proposition a motion was made to + enlarge the proposed power for "cutting canals" into a power "to grant + charters of incorporation when the interest of the United States might + require and the legislative provisions of the individual States may be + incompetent;" and the reason assigned by Mr. Madison for the proposed + enlargement of the power was that it would "secure an easy communication + between the States, which the free intercourse now to be opened seemed + to call for. The political obstacles being removed, a removal of the + natural ones, as far as possible, ought to follow." +</p> +<p> + The original proposition and all the amendments were rejected, after + deliberate discussion, not on the ground, as so much of that discussion + as has been preserved indicates, that no direct grant was necessary, + but because it was deemed inexpedient to grant it at all. When it is + considered that some of the members of the Convention, who afterwards + participated in the organization and administration of the Government, + advocated and practiced upon a very liberal construction of the + Constitution, grasping at many high powers as implied in its various + provisions, not one of them, it is believed, at that day claimed the + power to make roads and canals, or improve rivers and harbors, or + appropriate money for that purpose. Among our early statesmen of the + strict-construction class the opinion was universal, when the subject + was first broached, that Congress did not possess the power, although + some of them thought it desirable. +</p> +<p> + President Jefferson, in his message to Congress in 1806, recommended an + amendment of the Constitution, with a view to apply an anticipated + surplus in the Treasury "to the great purposes of the public education, + roads, rivers, canals, and such other objects of public improvement as + it may be thought proper to add to the constitutional enumeration of + Federal powers." And he adds: +</p> +<p class="q"> + I suppose an amendment to the Constitution, by consent of the States, + necessary, because the objects now recommended are not among those + enumerated in the Constitution, and to which it permits the public + moneys to be applied. +</p> +<p> + In 1825 he repeated, in his published letters, the opinion that no such + power has been conferred upon Congress. +</p> +<p> + President Madison, in a message to the House of Representatives of the + 3d of March, 1817, assigning his objections to a bill entitled "An act + to set apart and pledge certain funds for internal improvements," + declares that— +</p> +<p class="q"> + "The power to regulate commerce among the several States" can not + include a power to construct roads and canals and to <i>improve the + navigation of water courses</i> in order to facilitate, promote, and + secure such a commerce without a latitude of construction departing + from the ordinary import of the terms, strengthened by the known + inconveniences which doubtless led to the grant of this remedial + power to Congress. +</p> +<p> + President Monroe, in a message to the House of Representatives of the + 4th of May, 1822, containing his objections to a bill entitled "An act + for the preservation and repair of the Cumberland road," declares: +</p> +<p class="q"> + Commerce between independent powers or communities is universally + regulated by duties and imposts. It was so regulated by the States + before the adoption of this Constitution, equally in respect to each + other and to foreign powers. The goods and vessels employed in the trade + are the only subjects of regulation. It can act on none other. A power, + then, to impose such duties and imposts in regard to foreign nations + and to prevent any on the trade between the States was the only power + granted. +</p><p class="q"> + If we recur to the causes which produced the adoption of this + Constitution, we shall find that injuries resulting from the regulation + of trade by the States respectively and the advantages anticipated from + the transfer of the power to Congress were among those which had the + most weight. Instead of acting as a nation in regard to foreign powers, + the States individually had commenced a system of restraint on each + other whereby the interests of foreign powers were promoted at their + expense. If one State imposed high duties on the goods or vessels of a + foreign power to countervail the regulations of such power, the next + adjoining States imposed lighter duties to invite those articles into + their ports, that they might be transferred thence into the other + States, securing the duties to themselves. This contracted policy in + some of the States was soon counteracted by others. Restraints were + immediately laid on such commerce by the suffering States; and thus had + grown up a state of affairs disorderly and unnatural, the tendency of + which was to destroy the Union itself and with it all hope of realizing + those blessings which we had anticipated from the glorious Revolution + which had been so recently achieved. From this deplorable dilemma, or, + rather, certain ruin, we were happily rescued by the adoption of the + Constitution. +</p><p class="q"> + Among the first and most important effects of this great Revolution + was the complete abolition of this pernicious policy. The States + were brought together by the Constitution, as to commerce, into one + community, equally in regard to foreign nations and each other. The + regulations that were adopted regarded us in both respects as one + people. The duties and imposts that were laid on the vessels and + merchandise of foreign nations were all uniform throughout the United + States, and in the intercourse between the States themselves no duties + of any kind were imposed other than between different ports and + counties within the same State. +</p><p class="q"> + This view is supported by a series of measures, all of a marked + character, preceding the adoption of the Constitution. As early as the + year 1781 Congress recommended it to the States to vest in the United + States a power to levy a duty of 5 per cent on all goods imported from + foreign countries into the United States for the term of fifteen years. + In 1783 this recommendation, with alterations as to the kind of duties + and an extension of this term to twenty-five years, was repeated and + more earnestly urged. In 1784 it was recommended to the States to + authorize Congress to prohibit, under certain modifications, the + importation of goods from foreign powers into the United States for + fifteen years. In 1785 the consideration of the subject was resumed, + and a proposition presented in a new form, with an address to the + States explaining fully the principles on which a grant of the power to + regulate trade was deemed indispensable. In 1786 a meeting took place + at Annapolis of delegates from several of the States on this subject, + and on their report a convention was formed at Philadelphia the ensuing + year from all the States, to whose deliberations we are indebted for + the present Constitution. +</p><p class="q"> + In none of these measures was the subject of internal improvement + mentioned or even glanced at. Those of 1784, 1785, 1786, and 1787, + leading step by step to the adoption of the Constitution, had in view + only the obtaining of a power to enable Congress to regulate trade with + foreign powers. It is manifest that the regulation of trade with the + several States was altogether a secondary object, suggested by and + adopted in connection with the other. If the power necessary to this + system of improvement is included under either branch of this grant, + I should suppose that it was the first rather than the second. The + pretension to it, however, under that branch has never been set up. + In support of the claim under the second no reason has been assigned + which appears to have the least weight. +</p> +<p> + Such is a brief history of the origin, progress, and consequences of + a system which for more than thirty years after the adoption of the + Constitution was unknown. The greatest embarrassment upon the subject + consists in the departure which has taken place from the early + construction of the Constitution and the precedents which are found in + the legislation of Congress in later years. President Jackson, in his + veto of the Wabash River bill, declares that "to inherent embarrassments + have been added others resulting from the course of our legislation + concerning it." In his vetoes on the Maysville road bill, the Rockville + road bill, the Wabash River bill, and other bills of like character he + reversed the precedents which existed prior to that time on the subject + of internal improvements. When our experience, observation, and + reflection have convinced us that a legislative precedent is either + unwise or unconstitutional, it should not be followed. +</p> +<p> + No express grant of this power is found in the Constitution. Its + advocates have differed among themselves as to the source from which it + is derived as an incident. In the progress of the discussions upon this + subject the power to regulate commerce seems now to be chiefly relied + upon, especially in reference to the improvement of harbors and rivers. +</p> +<p> + In relation to the regulation of commerce, the language of the grant in + the Constitution is: +</p> +<p class="q"> + Congress shall have power to regulate commerce with foreign nations, + and among the several States, and with the Indian tribes. +</p> +<p> + That to "regulate commerce" does not mean to make a road, or dig a + canal, or clear out a river, or deepen a harbor would seem to be obvious + to the common understanding. To "regulate" admits or affirms the + preexistence of the thing to be regulated. In this case it presupposes + the existence of commerce, and, of course, the means by which and the + channels through which commerce is carried on. It confers no creative + power; it only assumes control over that which may have been brought + into existence through other agencies, such as State legislation and the + industry and enterprise of individuals. If the definition of the word + "regulate" is to include the provision of means to carry on commerce, + then have Congress not only power to deepen harbors, clear out rivers, + dig canals, and make roads, but also to build ships, railroad cars, and + other vehicles, all of which are necessary to commerce. There is no + middle ground. If the power to regulate can be legitimately construed + into a power to create or facilitate, then not only the bays and + harbors, but the roads and canals and all the means of transporting + merchandise among the several States, are put at the disposition of + Congress. This power to regulate commerce was construed and exercised + immediately after the adoption of the Constitution, and has been + exercised to the present day, by prescribing general rules by which + commerce should be conducted. With foreign nations it has been regulated + by treaties defining the rights of citizens and subjects, as well as by + acts of Congress imposing duties and restrictions embracing vessels, + seamen, cargoes, and passengers. It has been regulated among the States + by acts of Congress relating to the coasting trade and the vessels + employed therein, and for the better security of passengers in vessels + propelled by steam, and by the removal of all restrictions upon internal + trade. It has been regulated, with the Indian tribes by our intercourse + laws, prescribing the manner in which it shall be carried on. Thus each + branch of this grant of power was exercised soon after the adoption of + the Constitution, and has continued to be exercised to the present day. + If a more extended construction be adopted, it is impossible for the + human mind to fix on a limit to the exercise of the power other than the + will and discretion of Congress. It sweeps into the vortex of national + power and jurisdiction not only harbors and inlets, rivers and little + streams, but canals, turnpikes, and railroads—every species of + improvement which can facilitate or create trade and intercourse "with + foreign nations, and among the several States, and with the Indian + tribes." +</p> +<p> + Should any great object of improvement exist in our widely extended + country which can not be effected by means of tonnage duties levied by + the States with the concurrence of Congress, it is safer and wiser to + apply to the States in the mode prescribed by the Constitution for an + amendment of that instrument whereby the powers of the General + Government may be enlarged, with such limitations and restrictions as + experience has shown to be proper, than to assume and exercise a power + which has not been granted, or which may be regarded as doubtful in the + opinion of a large portion of our constituents. This course has been + recommended successively by Presidents Jefferson, Madison, Monroe, and + Jackson, and I fully concur with them in opinion. If an enlargement of + power should be deemed proper, it will unquestionably be granted by the + States; if otherwise, it will be withheld; and in either case their + decision should be final. In the meantime I deem it proper to add that + the investigation of this subject has impressed me more strongly than + ever with the solemn conviction that the usefulness and permanency of + this Government and the happiness of the millions over whom it spreads + its protection will be best promoted by carefully abstaining from the + exercise of all powers not clearly granted by the Constitution. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0016"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATION. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas a treaty of peace, friendship, limits, and settlement between + the United States of America and the Mexican Republic was concluded and + signed at the city of Guadalupe Hidalgo on the 2d day of February, 1848, + which treaty, as amended by the Senate of the United States, and being + in the English and Spanish languages, is word for word as follows: +</p> +<center> + [Here follows the treaty.] +</center> +<p> + And whereas the said treaty, as amended, has been duly ratified on both + parts, and the respective ratifications of the same were exchanged at + Queretaro on the 30th day of May last by Ambrose H. Sevier and Nathan + Clifford, commissioners on the part of the Government of the United + States, and by Señor Don Luis de la Rosa, minister of relations of the + Mexican Republic, on the part of that Government: +</p> +<p> + Now, therefore, be it known that I, James K. Polk, President of the + United States of America, have caused the said treaty to be made public, + to the end that the same and every clause and article thereof may be + observed and fulfilled with good faith by the United States and the + citizens thereof. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 4th day of July, 1848, and of the + Independence of the United States the seventy-third. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<p><br> +By the President:<br> + JAMES BUCHANAN,<br> + <i>Secretary of State</i>. +</p> + +<a name="2H_4_0017"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDER. +</h2> +<center> + GENERAL ORDERS, No. 9. +</center> +<p class="r"> + WAR DEPARTMENT, Adjutant-General's Office, +<br> + <i>Washington, February 24, 1848</i>. +</p> +<p> + I. The following orders of the President of the United States and + Secretary of War announce to the Army the death of the illustrious + ex-President John Quincy Adams: +</p> +<center> + BY THE PRESIDENT OF THE UNITED STATES. +</center> +<p class="r"> + WASHINGTON, <i>February 24, 1848</i>. +</p> +<p> + It has pleased Divine Providence to call hence a great and patriotic + citizen. John Quincy Adams is no more. At the advanced age of more than + fourscore years, he was suddenly stricken from his seat in the House of + Representatives by the hand of disease on the 21st, and expired in the + Capitol a few minutes after 7 o'clock on the evening of the 23d of + February, 1848. +</p> +<p> + He had for more than half a century filled the most important public + stations, and among them that of President of the United States. The + two Houses of Congress, of one of which he was a venerable and most + distinguished member, will doubtless prescribe appropriate ceremonies to + be observed as a mark of respect for the memory of this eminent citizen. +</p> +<p> + The nation mourns his loss; and as a further testimony of respect for + his memory I direct that all the executive offices at Washington be + placed in mourning and that all business be suspended during this day + and to-morrow. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, <i>February 24, 1848</i>. +</p> +<p> + The President of the United States with deep regret announces to the + Army the death of John Quincy Adams, our eminent and venerated + fellow-citizen. +</p> +<p> + While occupying his seat as a member of the House of Representatives, on + the 21st instant he was suddenly prostrated by disease, and on the 23d + expired, without having been removed from the Capitol. He had filled + many honorable and responsible stations in the service of his country, + and among them that of President of the United States; and he closed his + long and eventful life in the actual discharge of his duties as one of + the Representatives of the people. +</p> +<p> + From sympathy with his relatives and the American people for his loss + and from respect for his distinguished public services, the President + orders that funeral honors shall be paid to his memory at each of the + military stations. +</p> +<p> + The Adjutant-General will give the necessary instructions for carrying + into effect the foregoing orders. +</p> +<p class="r"> +W.L. MARCY,<br> + <i>Secretary of War</i>. +</p> +<p> </p> +<p> + II. On the day succeeding the arrival of this general order at each + military post the troops will be paraded at 10 o'clock a.m. and the + order read to them, after which all labors for the day will cease. +</p> +<p> + The national flag will be displayed at half-staff. +</p> +<p> + At dawn of day thirteen guns will be fired, and afterwards, at intervals + of thirty minutes between the rising and setting sun, a single gun, and + at the close of the day a national salute of twenty-nine guns. +</p> +<p> + The officers of the Army will wear crape on the left arm and on their + swords and the colors of the several regiments will be put in mourning + for the period of six months. +</p> +<p> + By order: +</p> +<p class="r"> +R. JONES,<br> + <i>Adjutant-General.</i> +</p> + +<a name="2H_4_0018"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FOURTH ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 5, 1848</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and of the House of Representatives</i>: +</p> +<p> + Under the benignant providence of Almighty God the representatives of + the States and of the people are again brought together to deliberate + for the public good. The gratitude of the nation to the Sovereign + Arbiter of All Human Events should be commensurate with the boundless + blessings which we enjoy. +</p> +<p> + Peace, plenty, and contentment reign throughout our borders, and our + beloved country presents a sublime moral spectacle to the world. +</p> +<p> + The troubled and unsettled condition of some of the principal European + powers has had a necessary tendency to check and embarrass trade and to + depress prices throughout all commercial nations, but notwithstanding + these causes, the United States, with their abundant products, have felt + their effects less severely than any other country, and all our great + interests are still prosperous and successful. +</p> +<p> + In reviewing the great events of the past year and contrasting the + agitated and disturbed state of other countries with our own tranquil + and happy condition, we may congratulate ourselves that we are the most + favored people on the face of the earth. While the people of other + countries are struggling to establish free institutions, under which man + may govern himself, we are in the actual enjoyment of them—a rich + inheritance from our fathers. While enlightened nations of Europe are + convulsed and distracted by civil war or intestine strife, we settle all + our political controversies by the peaceful exercise of the rights of + freemen at the ballot box. +</p> +<p> + The great republican maxim, so deeply engraven on the hearts of our + people, that the will of the majority, constitutionally expressed, shall + prevail, is our sure safeguard against force and violence. It is a + subject of just pride that our fame and character as a nation continue + rapidly to advance in the estimation of the civilized world. +</p> +<p> + To our wise and free institutions it is to be attributed that while + other nations have achieved glory at the price of the suffering, + distress, and impoverishment of their people, we have won our honorable + position in the midst of an uninterrupted prosperity and of an + increasing individual comfort and happiness. +</p> +<p> + I am happy to inform you that our relations with all nations are + friendly and pacific. Advantageous treaties of commerce have been + concluded within the last four years with New Granada, Peru, the Two + Sicilies, Belgium, Hanover, Oldenburg, and Mecklenburg-Schwerin. + Pursuing our example, the restrictive system of Great Britain, our + principal foreign customer, has been relaxed, a more liberal commercial + policy has been adopted by other enlightened nations, and our trade has + been greatly enlarged and extended. Our country stands higher in the + respect of the world than at any former period. To continue to occupy + this proud position, it is only necessary to preserve peace and + faithfully adhere to the great and fundamental principle of our foreign + policy of noninterference in the domestic concerns of other nations. We + recognize in all nations the right which we enjoy ourselves, to change + and reform their political institutions according to their own will and + pleasure. Hence we do not look behind existing governments capable of + maintaining their own authority. We recognize all such actual + governments, not only from the dictates of true policy, but from a + sacred regard for the independence of nations. While this is our settled + policy, it does not follow that we can ever be indifferent spectators of + the progress of liberal principles. The Government and people of the + United States hailed with enthusiasm and delight the establishment of + the French Republic, as we now hail the efforts in progress to unite the + States of Germany in a confederation similar in many respects to our own + Federal Union. If the great and enlightened German States, occupying, as + they do, a central and commanding position in Europe, shall succeed in + establishing such a confederated government, securing at the same time + to the citizens of each State local governments adapted to the peculiar + condition of each, with unrestricted trade and intercourse with each + other, it will be an important era in the history of human events. + Whilst it will consolidate and strengthen the power of Germany, it must + essentially promote the cause of peace, commerce, civilization, and + constitutional liberty throughout the world. +</p> +<p> + With all the Governments on this continent our relations, it is + believed, are now on a more friendly and satisfactory footing than they + have ever been at any former period. +</p> +<p> + Since the exchange of ratifications of the treaty of peace with Mexico + our intercourse with the Government of that Republic has been of the + most friendly character. The envoy extraordinary and minister + plenipotentiary of the United States to Mexico has been received and + accredited, and a diplomatic representative from Mexico of similar rank + has been received and accredited by this Government. The amicable + relations between the two countries, which had been suspended, have been + happily restored, and are destined, I trust, to be long preserved. The + two Republics, both situated on this continent, and with coterminous + territories, have every motive of sympathy and of interest to bind them + together in perpetual amity. +</p> +<p> + This gratifying condition of our foreign relations renders it + unnecessary for me to call your attention more specifically to them. +</p> +<p> + It has been my constant aim and desire to cultivate peace and commerce + with all nations. Tranquillity at home and peaceful relations abroad + constitute the true permanent policy of our country. War, the scourge of + nations, sometimes becomes inevitable, but is always to be avoided when + it can be done consistently with the rights and honor of a nation. +</p> +<p> + One of the most important results of the war into which we were recently + forced with a neighboring nation is the demonstration it has afforded of + the military strength of our country. Before the late war with Mexico + European and other foreign powers entertained imperfect and erroneous + views of our physical strength as a nation and of our ability to + prosecute war, and especially a war waged out of our own country. They + saw that our standing Army on the peace establishment did not exceed + 10,000 men. Accustomed themselves to maintain in peace large standing + armies for the protection of thrones against their own subjects, as well + as against foreign enemies, they had not conceived that it was possible + for a nation without such an army, well disciplined and of long service, + to wage war successfully. They held in low repute our militia, and were + far from regarding them as an effective force, unless it might be for + temporary defensive operations when invaded on our own soil. The events + of the late war with Mexico have not only undeceived them, but have + removed erroneous impressions which prevailed to some extent even among + a portion of our own countrymen. That war has demonstrated that upon the + breaking out of hostilities not anticipated, and for which no previous + preparation had been made, a volunteer army of citizen soldiers equal to + veteran troops, and in numbers equal to any emergency, can in a short + period be brought into the field. Unlike what would have occurred in any + other country, we were under no necessity of resorting to drafts or + conscriptions. On the contrary, such was the number of volunteers who + patriotically tendered their services that the chief difficulty was + in making selections and determining who should be disappointed and + compelled to remain at home. Our citizen soldiers are unlike those + drawn from the population of any other country. They are composed + indiscriminately of all professions and pursuits—of farmers, lawyers, + physicians, merchants, manufacturers, mechanics, and laborers—and this + not only among the officers, but the private soldiers in the ranks. + Our citizen soldiers are unlike those of any other country in other + respects. They are armed, and have been accustomed from their youth up + to handle and use firearms, and a large proportion of them, especially + in the Western and more newly settled States, are expert marksmen. They + are men who have a reputation to maintain at home by their good conduct + in the field. They are intelligent, and there is an individuality of + character which is found in the ranks of no other army. In battle each + private man, as well as every officer, fights not only for his country, + but for glory and distinction among his fellow-citizens when he shall + return to civil life. +</p> +<p> + The war with Mexico has demonstrated not only the ability of the + Government to organize a numerous army upon a sudden call, but also to + provide it with all the munitions and necessary supplies with dispatch, + convenience, and ease, and to direct its operations with efficiency. The + strength of our institutions has not only been displayed in the valor + and skill of our troops engaged in active service in the field, but in + the organization of those executive branches which were charged with the + general direction and conduct of the war. While too great praise can not + be bestowed upon the officers and men who fought our battles, it would + be unjust to withhold from those officers necessarily stationed at home, + who were charged with the duty of furnishing the Army in proper time and + at proper places with all the munitions of war and other supplies so + necessary to make it efficient, the commendation to which they are + entitled. The credit due to this class of our officers is the greater + when it is considered that no army in ancient or modern times was ever + better appointed or provided than our Army in Mexico. Operating in an + enemy's country, removed 2,000 miles from the seat of the Federal + Government, its different corps spread over a vast extent of territory, + hundreds and even thousands of miles apart from each other, nothing + short of the untiring vigilance and extraordinary energy of these + officers could have enabled them to provide the Army at all points and + in proper season with all that was required for the most efficient + service. +</p> +<p> + It is but an act of justice to declare that the officers in charge of + the several executive bureaus, all under the immediate eye and + supervision of the Secretary of War, performed their respective duties + with ability, energy, and efficiency. They have reaped less of the glory + of the war, not having been personally exposed to its perils in battle, + than their companions in arms; but without their forecast, efficient + aid, and cooperation those in the field would not have been provided + with the ample means they possessed of achieving for themselves and + their country the unfading honors which they have won for both. +</p> +<p> + When all these facts are considered, it may cease to be a matter of so + much amazement abroad how it happened that our noble Army in Mexico, + regulars and volunteers, were victorious upon every battlefield, however + fearful the odds against them. +</p> +<p> + The war with Mexico has thus fully developed the capacity of republican + governments to prosecute successfully a just and necessary foreign war + with all the vigor usually attributed to more arbitrary forms of + government. It has been usual for writers on public law to impute to + republics a want of that unity, concentration of purpose, and vigor of + execution which are generally admitted to belong to the monarchical and + aristocratic forms; and this feature of popular government has been + supposed to display itself more particularly in the conduct of a war + carried on in an enemy's territory. The war with Great Britain in 1812 + was to a great extent confined within our own limits, and shed but + little light on this subject; but the war which we have just closed by + an honorable peace evinces beyond all doubt that a popular + representative government is equal to any emergency which is likely to + arise in the affairs of a nation. +</p> +<p> + The war with Mexico has developed most strikingly and conspicuously + another feature in our institutions. It is that without cost to the + Government or danger to our liberties we have in the bosom of our + society of freemen, available in a just and necessary war, virtually a + standing army of 2,000,000 armed citizen soldiers, such as fought the + battles of Mexico. But our military strength does not consist alone in + our capacity for extended and successful operations on land. The Navy is + an important arm of the national defense. If the services of the Navy + were not so brilliant as those of the Army in the late war with Mexico, + it was because they had no enemy to meet on their own element. While the + Army had opportunity of performing more conspicuous service, the Navy + largely participated in the conduct of the war. Both branches of the + service performed their whole duty to the country. For the able and + gallant services of the officers and men of the Navy, acting + independently as well as in cooperation with our troops, in the conquest + of the Californias, the capture of Vera Cruz, and the seizure and + occupation of other important positions on the Gulf and Pacific coasts, + the highest praise is due. Their vigilance, energy, and skill rendered + the most effective service in excluding munitions of war and other + supplies from the enemy, while they secured a safe entrance for abundant + supplies for our own Army. Our extended commerce was nowhere + interrupted, and for this immunity from the evils of war the country is + indebted to the Navy. +</p> +<p> + High praise is due to the officers of the several executive bureaus, + navy-yards, and stations connected with the service, all under the + immediate direction of the Secretary of the Navy, for the industry, + foresight, and energy with which everything was directed and furnished + to give efficiency to that branch of the service. The same vigilance + existed in directing the operations of the Navy as of the Army. There + was concert of action and of purpose between the heads of the two arms + of the service. By the orders which were from time to time issued, our + vessels of war on the Pacific and the Gulf of Mexico were stationed in + proper time and in proper positions to cooperate efficiently with the + Army. By this means their combined power was brought to bear + successfully on the enemy. +</p> +<p> + The great results which have been developed and brought to light by + this war will be of immeasurable importance in the future progress of + our country. They will tend powerfully to preserve us from foreign + collisions, and to enable us to pursue uninterruptedly our cherished + policy of "peace with all nations, entangling alliances with none." +</p> +<p> + Occupying, as we do, a more commanding position among nations than at + any former period, our duties and our responsibilities to ourselves + and to posterity are correspondingly increased. This will be the more + obvious when we consider the vast additions which have been recently + made to our territorial possessions and their great importance and + value. +</p> +<p> + Within less than four years the annexation of Texas to the Union has + been consummated; all conflicting title to the Oregon Territory south of + the forty-ninth degree of north latitude, being all that was insisted on + by any of my predecessors, has been adjusted, and New Mexico and Upper + California have been acquired by treaty. The area of these several + Territories, according to a report carefully prepared by the + Commissioner of the General Land Office from the most authentic + information in his possession, and which is herewith transmitted, + contains 1,193,061 square miles, or 763,559,040 acres; while the area of + the remaining twenty-nine States and the territory not yet organized + into States east of the Rocky Mountains contains 2,059,513 square miles, + or 1,318,126,058 acres. These estimates show that the territories + recently acquired, and over which our exclusive jurisdiction and + dominion have been extended, constitute a country more than half as + large as all that which was held by the United States before their + acquisition. If Oregon be excluded from the estimate, there will still + remain within the limits of Texas, New Mexico, and California 851,598 + square miles, or 545,012,720 acres, being an addition equal to more than + one-third of all the territory owned by the United States before their + acquisition, and, including Oregon, nearly as great an extent of + territory as the whole of Europe, Russia only excepted. The Mississippi, + so lately the frontier of our country, is now only its center. With the + addition of the late acquisitions, the United States are now estimated + to be nearly as large as the whole of Europe. It is estimated by the + Superintendent of the Coast Survey in the accompanying report that the + extent of the seacoast of Texas on the Gulf of Mexico is upward of 400 + miles; of the coast of Upper California on the Pacific, of 970 miles, + and of Oregon, including the Straits of Fuca, of 650 miles, making the + whole extent of seacoast on the Pacific 1,620 miles and the whole extent + on both the Pacific and the Gulf of Mexico 2,020 miles. The length of + the coast on the Atlantic from the northern limits of the United States + around the capes of Florida to the Sabine, on the eastern boundary of + Texas, is estimated to be 3,100 miles; so that the addition of seacoast, + including Oregon, is very nearly two-thirds as great as all we possessed + before, and, excluding Oregon, is an addition of 1,370 miles, being + nearly equal to one-half of the extent of coast which we possessed + before these acquisitions. We have now three great maritime fronts—on + the Atlantic, the Gulf of Mexico, and the Pacific—making in the whole + an extent of seacoast exceeding 5,000 miles. This is the extent of the + seacoast of the United States, not including bays, sounds, and small + irregularities of the main shore and of the sea islands. If these be + included, the length of the shore line of coast, as estimated by the + Superintendent of the Coast Survey in his report, would be 33,063 miles. +</p> +<p> + It would be difficult to calculate the value of these immense additions + to our territorial possessions. Texas, lying contiguous to the western + boundary of Louisiana, embracing within its limits a part of the + navigable tributary waters of the Mississippi and an extensive seacoast, + could not long have remained in the hands of a foreign power without + endangering the peace of our southwestern frontier. Her products in the + vicinity of the tributaries of the Mississippi must have sought a market + through these streams, running into and through our territory, and the + danger of irritation and collision of interests between Texas as a + foreign state and ourselves would have been imminent, while the + embarrassments in the commercial intercourse between them must have been + constant and unavoidable. Had Texas fallen into the hands or under the + influence and control of a strong maritime or military foreign power, as + she might have done, these dangers would have been still greater. They + have been avoided by her voluntary and peaceful annexation to the United + States. Texas, from her position, was a natural and almost indispensable + part of our territories. Fortunately, she has been restored to our + country, and now constitutes one of the States of our Confederacy, "upon + an equal footing with the original States." The salubrity of climate, + the fertility of soil, peculiarly adapted to the production of some of + our most valuable staple commodities, and her commercial advantages must + soon make her one of our most populous States. +</p> +<p> + New Mexico, though situated in the interior and without a seacoast, is + known to contain much fertile land, to abound in rich mines of the + precious metals, and to be capable of sustaining a large population. + From its position it is the intermediate and connecting territory + between our settlements and our possessions in Texas and those on the + Pacific Coast. +</p> +<p> + Upper California, irrespective of the vast mineral wealth recently + developed there, holds at this day, in point of value and importance, + to the rest of the Union the same relation that Louisiana did when that + fine territory was acquired from France forty-five years ago. Extending + nearly ten degrees of latitude along the Pacific, and embracing the only + safe and commodious harbors on that coast for many hundred miles, with + a temperate climate and an extensive interior of fertile lands, it is + scarcely possible to estimate its wealth until it shall be brought under + the government of our laws and its resources fully developed. From its + position it must command the rich commerce of China, of Asia, of the + islands of the Pacific, of western Mexico, of Central America, the South + American States, and of the Russian possessions bordering on that ocean. + A great emporium will doubtless speedily arise on the Californian coast + which may be destined to rival in importance New Orleans itself. The + depot of the vast commerce which must exist on the Pacific will probably + be at some point on the Bay of San Francisco, and will occupy the same + relation to the whole western coast of that ocean as New Orleans does to + the valley of the Mississippi and the Gulf of Mexico. To this depot our + numerous whale ships will resort with their cargoes to trade, refit, + and obtain supplies. This of itself will largely contribute to build + up a city, which would soon become the center of a great and rapidly + increasing commerce. Situated on a safe harbor, sufficiently capacious + for all the navies as well as the marine of the world, and convenient to + excellent timber for shipbuilding, owned by the United States, it must + become our great Western naval depot. +</p> +<p> + It was known that mines of the precious metals existed to a considerable + extent in California at the time of its acquisition. Recent discoveries + render it probable that these mines are more extensive and valuable than + was anticipated. The accounts of the abundance of gold in that territory + are of such an extraordinary character as would scarcely command belief + were they not corroborated by the authentic reports of officers in the + public service who have visited the mineral district and derived the + facts which they detail from personal observation. Reluctant to credit + the reports in general circulation as to the quantity of gold, the + officer commanding our forces in California visited the mineral district + in July last for the purpose of obtaining accurate information on the + subject. His report to the War Department of the result of his + examination and the facts obtained on the spot is herewith laid before + Congress. When he visited the country there were about 4,000 persons + engaged in collecting gold. There is every reason to believe that the + number of persons so employed has since been augmented. The explorations + already made warrant the belief that the supply is very large and that + gold is found at various places in an extensive district of country. +</p> +<p> + Information received from officers of the Navy and other sources, though + not so full and minute, confirms the accounts of the commander of our + military force in California. It appears also from these reports that + mines of quicksilver are found in the vicinity of the gold region. One + of them is now being worked, and is believed to be among the most + productive in the world. +</p> +<p> + The effects produced by the discovery of these rich mineral deposits and + the success which has attended the labors of those who have resorted to + them have produced a surprising change in the state of affairs in + California. Labor commands a most exorbitant price, and all other + pursuits but that of searching for the precious metals are abandoned. + Nearly the whole of the male population of the country have gone to the + gold districts. Ships arriving on the coast are deserted by their crews + and their voyages suspended for want of sailors. Our commanding officer + there entertains apprehensions that soldiers can not be kept in the + public service without a large increase of pay. Desertions in his + command have become frequent, and he recommends that those who shall + withstand the strong temptation and remain faithful should be rewarded. +</p> +<p> + This abundance of gold and the all-engrossing pursuit of it have already + caused in California an unprecedented rise in the price of all the + necessaries of life. +</p> +<p> + That we may the more speedily and fully avail ourselves of the + undeveloped wealth of these mines, it is deemed of vast importance + that a branch of the Mint of the United States be authorized to be + established at your present session in California. Among other signal + advantages which would result from such an establishment would be that + of raising the gold to its par value in that territory. A branch mint of + the United States at the great commercial depot on the west coast would + convert into our own coin not only the gold derived from our own rich + mines, but also the bullion and specie which our commerce may bring from + the whole west coast of Central and South America. The west coast of + America and the adjacent interior embrace the richest and best mines of + Mexico, New Granada, Central America, Chili, and Peru. The bullion and + specie drawn from these countries, and especially from those of western + Mexico and Peru, to an amount in value of many millions of dollars, are + now annually diverted and carried by the ships of Great Britain to her + own ports, to be recoined or used to sustain her national bank, and thus + contribute to increase her ability to command so much of the commerce of + the world. If a branch mint be established at the great commercial point + upon that coast, a vast amount of bullion and specie would flow thither + to be recoined, and pass thence to New Orleans, New York, and other + Atlantic cities. The amount of our constitutional currency at home would + be greatly increased, while its circulation abroad would be promoted. It + is well known to our merchants trading to China and the west coast of + America that great inconvenience and loss are experienced from the fact + that our coins are not current at their par value in those countries. +</p> +<p> + The powers of Europe, far removed from the west coast of America by + the Atlantic Ocean, which intervenes, and by a tedious and dangerous + navigation around the southern cape of the continent of America, can + never successfully compete with the United States in the rich and + extensive commerce which is opened to us at so much less cost by the + acquisition of California. +</p> +<p> + The vast importance and commercial advantages of California have + heretofore remained undeveloped by the Government of the country of + which it constituted a part. Now that this fine province is a part of + our country, all the States of the Union, some more immediately and + directly than others, are deeply interested in the speedy development of + its wealth and resources. No section of our country is more interested + or will be more benefited than the commercial, navigating, and + manufacturing interests of the Eastern States. Our planting and farming + interests in every part of the Union will be greatly benefited by it. + As our commerce and navigation are enlarged and extended, our exports of + agricultural products and of manufactures will be increased, and in the + new markets thus opened they can not fail to command remunerating and + profitable prices. +</p> +<p> + The acquisition of California and New Mexico, the settlement of the + Oregon boundary, and the annexation of Texas, extending to the Rio + Grande, are results which, combined, are of greater consequence and will + add more to the strength and wealth of the nation than any which have + preceded them since the adoption of the Constitution. +</p> +<p> + But to effect these great results not only California, but New Mexico, + must be brought under the control of regularly organized governments. + The existing condition of California and of that part of New Mexico + lying west of the Rio Grande and without the limits of Texas imperiously + demands that Congress should at its present session organize Territorial + governments over them. +</p> +<p> + Upon the exchange of ratifications of the treaty of peace with Mexico, + on the 30th of May last, the temporary governments which had been + established over New Mexico and California by our military and naval + commanders by virtue of the rights of war ceased to derive any + obligatory force from that source of authority, and having been ceded + to the United States, all government and control over them under the + authority of Mexico had ceased to exist. Impressed with the necessity + of establishing Territorial governments over them, I recommended the + subject to the favorable consideration of Congress in my message + communicating the ratified treaty of peace, on the 6th of July last, and + invoked their action at that session. Congress adjourned without making + any provision for their government. The inhabitants by the transfer + of their country had become entitled to the benefit of our laws and + Constitution, and yet were left without any regularly organized + government. Since that time the very limited power possessed by the + Executive has been exercised to preserve and protect them from the + inevitable consequences of a state of anarchy. The only government which + remained was that established by the military authority during the war. + Regarding this to be a <i>de facto</i> government, and that by the presumed + consent of the inhabitants it might be continued temporarily, they were + advised to conform and submit to it for the short intervening period + before Congress would again assemble and could legislate on the subject. + The views entertained by the Executive on this point are contained in a + communication of the Secretary of State dated the 7th of October last, + which was forwarded for publication to California and New Mexico, + a copy of which is herewith transmitted. The small military force of + the Regular Army which was serving within the limits of the acquired + territories at the close of the war was retained in them, and additional + forces have been ordered there for the protection of the inhabitants and + to preserve and secure the rights and interests of the United States. +</p> +<p> + No revenue has been or could be collected at the ports in California, + because Congress failed to authorize the establishment of custom-houses + or the appointment of officers for that purpose. +</p> +<p> + The Secretary of the Treasury, by a circular letter addressed to + collectors of the customs on the 7th day of October last, a copy of + which is herewith transmitted, exercised all the power with which he + was invested by law. +</p> +<p> + In pursuance of the act of the 14th of August last, extending the + benefit of our post-office laws to the people of California, the + Postmaster-General has appointed two agents, who have proceeded, the + one to California and the other to Oregon, with authority to make the + necessary arrangements for carrying its provisions into effect. +</p> +<p> + The monthly line of mail steamers from Panama to Astoria has been + required to "stop and deliver and take mails at San Diego, Monterey, and + San Francisco." These mail steamers, connected by the Isthmus of Panama + with the line of mail steamers on the Atlantic between New York and + Chagres, will establish a regular mail communication with California. +</p> +<p> + It is our solemn duty to provide with the least practicable delay for + New Mexico and California regularly organized Territorial governments. + The causes of the failure to do this at the last session of Congress are + well known and deeply to be regretted. With the opening prospects of + increased prosperity and national greatness which the acquisition of + these rich and extensive territorial possessions affords, how irrational + it would be to forego or to reject these advantages by the agitation of + a domestic question which is coeval with the existence of our Government + itself, and to endanger by internal strifes, geographical divisions, and + heated contests for political power, or for any other cause, the harmony + of the glorious Union of our confederated States—that Union which binds + us together as one people, and which for sixty years has been our shield + and protection against every danger. In the eyes of the world and of + posterity how trivial and insignificant will be all our internal + divisions and struggles compared with the preservation of this Union + of the States in all its vigor and with all its countless blessings! + No patriot would foment and excite geographical and sectional divisions. + No lover of his country would deliberately calculate the value of the + Union. Future generations would look in amazement upon the folly of such + a course. Other nations at the present day would look upon it with + astonishment, and such of them as desire to maintain and perpetuate + thrones and monarchical or aristocratical principles will view it with + exultation and delight, because in it they will see the elements of + faction, which they hope must ultimately overturn our system. Ours is + the great example of a prosperous and free self-governed republic, + commanding the admiration and the imitation of all the lovers of freedom + throughout the world. How solemn, therefore, is the duty, how impressive + the call upon us and upon all parts of our country, to cultivate a + patriotic spirit of harmony, of good-fellowship, of compromise and + mutual concession, in the administration of the incomparable system of + government formed by our fathers in the midst of almost insuperable + difficulties, and transmitted to us with the injunction that we should + enjoy its blessings and hand it down unimpaired to those who may come + after us. +</p> +<p> + In view of the high and responsible duties which we owe to ourselves and + to mankind, I trust you may be able at your present session to approach + the adjustment of the only domestic question which seriously threatens, + or probably ever can threaten, to disturb the harmony and successful + operations of our system. +</p> +<p> + The immensely valuable possessions of New Mexico and California are + already inhabited by a considerable population. Attracted by their great + fertility, their mineral wealth, their commercial advantages, and the + salubrity of the climate, emigrants from the older States in great + numbers are already preparing to seek new homes in these inviting + regions. Shall the dissimilarity of the domestic institutions in the + different States prevent us from providing for them suitable + governments? These institutions existed at the adoption of the + Constitution, but the obstacles which they interposed were overcome + by that spirit of compromise which is now invoked. In a conflict of + opinions or of interests, real or imaginary, between different sections + of our country, neither can justly demand all which it might desire to + obtain. Each, in the true spirit of our institutions, should concede + something to the other. +</p> +<p> + Our gallant forces in the Mexican war, by whose patriotism and + unparalleled deeds of arms we obtained these possessions as an indemnity + for our just demands against Mexico, were composed of citizens who + belonged to no one State or section of our Union. They were men from + slave-holding and nonslaveholding States, from the North and the South, + from the East and the West. They were all companions in arms and + fellow-citizens of the same common country, engaged in the same common + cause. When prosecuting that war they were brethren and friends, and + shared alike with each other common toils, dangers, and sufferings. Now, + when their work is ended, when peace is restored, and they return again + to their homes, put off the habiliments of war, take their places in + society, and resume their pursuits in civil life, surely a spirit of + harmony and concession and of equal regard for the rights of all and of + all sections of the Union ought to prevail in providing governments for + the acquired territories—the fruits of their common service. The whole + people of the United States, and of every State, contributed to defray + the expenses of that war, and it would not be just for any one section + to exclude another from all participation in the acquired territory. + This would not be in consonance with the just system of government which + the framers of the Constitution adopted. +</p> +<p> + The question is believed to be rather abstract than practical, whether + slavery ever can or would exist in any portion of the acquired territory + even if it were left to the option of the slaveholding States + themselves. From the nature of the climate and productions in much the + larger portion of it it is certain it could never exist, and in the + remainder the probabilities are it would not. But however this may be, + the question, involving, as it does, a principle of equality of rights + of the separate and several States as equal copartners in the + Confederacy, should not be disregarded. +</p> +<p> + In organizing governments over these territories no duty imposed on + Congress by the Constitution requires that they should legislate on the + subject of slavery, while their power to do so is not only seriously + questioned, but denied by many of the soundest expounders of that + instrument. Whether Congress shall legislate or not, the people of + the acquired territories, when assembled in convention to form State + constitutions, will possess the sole and exclusive power to determine + for themselves whether slavery shall or shall not exist within their + limits. If Congress shall abstain from interfering with the question, + the people of these territories will be left free to adjust it as they + may think proper when they apply for admission as States into the Union. + No enactment of Congress could restrain the people of any of the + sovereign States of the Union, old or new, North or South, slaveholding + or nonslaveholding, from determining the character of their own domestic + institutions as they may deem wise and proper. Any and all the States + possess this right, and Congress can not deprive them of it. The people + of Georgia might if they chose so alter their constitution as to abolish + slavery within its limits, and the people of Vermont might so alter + their constitution as to admit slavery within its limits. Both States + would possess the right, though, as all know, it is not probable that + either would exert it. +</p> +<p> + It is fortunate for the peace and harmony of the Union that this + question is in its nature temporary and can only continue for the brief + period which will intervene before California and New Mexico may be + admitted as States into the Union. From the tide of population now + flowing into them it is highly probable that this will soon occur. +</p> +<p> + Considering the several States and the citizens of the several States as + equals and entitled to equal rights under the Constitution, if this were + an original question it might well be insisted on that the principle of + noninterference is the true doctrine and that Congress could not, in the + absence of any express grant of power, interfere with their relative + rights. Upon a great emergency, however, and under menacing dangers + to the Union, the Missouri compromise line in respect to slavery was + adopted. The same line was extended farther west in the acquisition of + Texas. After an acquiescence of nearly thirty years in the principle of + compromise recognized and established by these acts, and to avoid the + danger to the Union which might follow if it were now disregarded, + I have heretofore expressed the opinion that that line of compromise + should be extended on the parallel of 36° 30' from the western boundary + of Texas, where it now terminates, to the Pacific Ocean. This is the + middle ground of compromise, upon which the different sections of the + Union may meet, as they have heretofore met. If this be done, it is + confidently believed a large majority of the people of every section of + the country, however widely their abstract opinions on the subject of + slavery may differ, would cheerfully and patriotically acquiesce in it, + and peace and harmony would again fill our borders. +</p> +<p> + The restriction north of the line was only yielded to in the case of + Missouri and Texas upon a principle of compromise, made necessary for + the sake of preserving the harmony and possibly the existence of the + Union. +</p> +<p> + It was upon these considerations that at the close of your last session + I gave my sanction to the principle of the Missouri compromise line by + approving and signing the bill to establish "the Territorial government + of Oregon." From a sincere desire to preserve the harmony of the Union, + and in deference for the acts of my predecessors, I felt constrained + to yield my acquiescence to the extent to which they had gone in + compromising this delicate and dangerous question. But if Congress shall + now reverse the decision by which the Missouri compromise was effected, + and shall propose to extend the restriction over the whole territory, + south as well as north of the parallel of 36° 30', it will cease to be + a compromise, and must be regarded as an original question. +</p> +<p> + If Congress, instead of observing the course of noninterference, leaving + the adoption of their own domestic institutions to the people who may + inhabit these territories, or if, instead of extending the Missouri + compromise line to the Pacific, shall prefer to submit the legal and + constitutional questions which may arise to the decision of the judicial + tribunals, as was proposed in a bill which passed the Senate at your + last session, an adjustment may be effected in this mode. If the whole + subject be referred to the judiciary, all parts of the Union should + cheerfully acquiesce in the final decision of the tribunal created by + the Constitution for the settlement of all questions which may arise + under the Constitution, treaties, and laws of the United States. +</p> +<p> + Congress is earnestly invoked, for the sake of the Union, its harmony, + and our continued prosperity as a nation, to adjust at its present + session this, the only dangerous question which lies in our path, if + not in some one of the modes suggested, in some other which may be + satisfactory. +</p> +<p> + In anticipation of the establishment of regular governments over the + acquired territories, a joint commission of officers of the Army and + Navy has been ordered to proceed to the coast of California and Oregon + for the purpose of making reconnoissances and a report as to the proper + sites for the erection of fortifications or other defensive works on + land and of suitable situations for naval stations. The information + which may be expected from a scientific and skillful examination of the + whole face of the coast will be eminently useful to Congress when they + come to consider the propriety of making appropriations for these great + national objects. Proper defenses on land will be necessary for the + security and protection of our possessions, and the establishment of + navy-yards and a dock for the repair and construction of vessels will + be important alike to our Navy and commercial marine. Without such + establishments every vessel, whether of the Navy or of the merchant + service, requiring repair must at great expense come round Cape Horn to + one of our Atlantic yards for that purpose. With such establishments + vessels, it is believed, may be built or repaired as cheaply in + California as upon the Atlantic coast. They would give employment + to many of our enterprising shipbuilders and mechanics and greatly + facilitate and enlarge our commerce in the Pacific. +</p> +<p> + As it is ascertained that mines of gold, silver, copper, and quicksilver + exist in New Mexico and California, and that nearly all the lands where + they are found belong to the United States, it is deemed important to + the public interest that provision be made for a geological and + mineralogical examination of these regions. Measures should be adopted + to preserve the mineral lands, especially such as contain the precious + metals, for the use of the United States, or, if brought into market, to + separate them from the farming lands and dispose of them in such manner + as to secure a large return of money to the Treasury and at the same + time to lead to the development of their wealth by individual + proprietors and purchasers. To do this it will be necessary to provide + for an immediate survey and location of the lots. If Congress should + deem it proper to dispose of the mineral lands, they should be sold in + small quantities and at a fixed minimum price. +</p> +<p> + I recommend that surveyors-general's offices be authorized to be + established in New Mexico and California and provision made for + surveying and bringing the public lands into market at the earliest + practicable period. In disposing of these lands, I recommend that the + right of preemption be secured and liberal grants made to the early + emigrants who have settled or may settle upon them. +</p> +<p> + It will be important to extend our revenue laws over these territories, + and especially over California, at an early period. There is already a + considerable commerce with California, and until ports of entry shall be + established and collectors appointed no revenue can be received. +</p> +<p> + If these and other necessary and proper measures be adopted for the + development of the wealth and resources of New Mexico and California and + regular Territorial governments be established over them, such will + probably be the rapid enlargement of our commerce and navigation and + such the addition to the national wealth that the present generation may + live to witness the controlling commercial and monetary power of the + world transferred from London and other European emporiums to the city + of New York. +</p> +<p> + The apprehensions which were entertained by some of our statesmen in the + earlier periods of the Government that our system was incapable of + operating with sufficient energy and success over largely extended + territorial limits, and that if this were attempted it would fall to + pieces by its own weakness, have been dissipated by our experience. By + the division of power between the States and Federal Government the + latter is found to operate with as much energy in the extremes as in the + center. It is as efficient in the remotest of the thirty States which + now compose the Union as it was in the thirteen States which formed our + Constitution. Indeed, it may well be doubted whether if our present + population had been confined within the limits of the original thirteen + States the tendencies to centralization and consolidation would not have + been such as to have encroached upon the essential reserved rights of + the States, and thus to have made the Federal Government a widely + different one, practically, from what it is in theory and was intended + to be by its framers. So far from entertaining apprehensions of the + safety of our system by the extension of our territory, the belief is + confidently entertained that each new State gives strength and an + additional guaranty for the preservation of the Union itself. +</p> +<p> + In pursuance of the provisions of the thirteenth article of the treaty + of peace, friendship, limits, and settlement with the Republic of + Mexico, and of the act of July 29, 1848, claims of our citizens, which + had been "already liquidated and decided, against the Mexican Republic" + amounting, with the interest thereon, to $2,023,832.51 have been + liquidated and paid. There remain to be paid of these claims $74,192.26. +</p> +<p> + Congress at its last session having made no provision for executing the + fifteenth article of the treaty, by which the United States assume to + make satisfaction for the "unliquidated claims" of our citizens against + Mexico to "an amount not exceeding three and a quarter millions of + dollars," the subject is again recommended to your favorable + consideration. +</p> +<p> + The exchange of ratifications of the treaty with Mexico took place on + the 30th of May, 1848. Within one year after that time the commissioner + and surveyor which each Government stipulates to appoint are required + to meet "at the port of San Diego and proceed to run and mark the said + boundary in its whole course to the mouth of the Rio Bravo del Norte." + It will be seen from this provision that the period within which a + commissioner and surveyor of the respective Governments are to meet at + San Diego will expire on the 30th of May, 1849. Congress at the close of + its last session made an appropriation for "the expenses of running and + marking the boundary line" between the two countries, but did not fix + the amount of salary which should be paid to the commissioner and + surveyor to be appointed on the part of the United States. It is + desirable that the amount of compensation which they shall receive + should be prescribed by law, and not left, as at present, to Executive + discretion. +</p> +<p> + Measures were adopted at the earliest practicable period to organize the + "Territorial government of Oregon," as authorized by the act of the 14th + of August last. The governor and marshal of the Territory, accompanied + by a small military escort, left the frontier of Missouri in September + last, and took the southern route, by the way of Santa Fe and the river + Gila, to California, with the intention of proceeding thence in one of + our vessels of war to their destination. The governor was fully advised + of the great importance of his early arrival in the country, and it is + confidently believed he may reach Oregon in the latter part of the + present month or early in the next. The other officers for the Territory + have proceeded by sea. +</p> +<p> + In the month of May last I communicated information to Congress that + an Indian war had broken out in Oregon, and recommended that authority + be given to raise an adequate number of volunteers to proceed without + delay to the assistance of our fellow-citizens in that Territory. The + authority to raise such a force not having been granted by Congress, + as soon as their services could be dispensed with in Mexico orders were + issued to the regiment of mounted riflemen to proceed to Jefferson + Barracks, in Missouri, and to prepare to march to Oregon as soon as + the necessary provision could be made. Shortly before it was ready to + march it was arrested by the provision of the act passed by Congress + on the last day of the last session, which directed that all the + noncommissioned officers, musicians, and privates of that regiment who + had been in service in Mexico should, upon their application, be + entitled to be discharged. The effect of this provision was to disband + the rank and file of the regiment, and before their places could be + filled by recruits the season had so far advanced that it was + impracticable for it to proceed until the opening of the next spring. +</p> +<p> + In the month of October last the accompanying communication was received + from the governor of the temporary government of Oregon, giving + information of the continuance of the Indian disturbances and of the + destitution and defenseless condition of the inhabitants. Orders were + immediately transmitted to the commander of our squadron in the Pacific + to dispatch to their assistance a part of the naval forces on that + station, to furnish them with arms and ammunition, and to continue to + give them such aid and protection as the Navy could afford until the + Army could reach the country. +</p> +<p> + It is the policy of humanity, and one which has always been pursued by + the United States, to cultivate the good will of the aboriginal tribes + of this continent and to restrain them from making war and indulging in + excesses by mild means rather than by force. That this could have been + done with the tribes in Oregon had that Territory been brought under the + government of our laws at an earlier period, and had other suitable + measures been adopted by Congress, such as now exist in our intercourse + with the other Indian tribes within our limits, can not be doubted. + Indeed, the immediate and only cause of the existing hostility of the + Indians of Oregon is represented to have been the long delay of the + United States in making to them some trifling compensation, in such + articles as they wanted, for the country now occupied by our emigrants, + which the Indians claimed and over which they formerly roamed. This + compensation had been promised to them by the temporary government + established in Oregon, but its fulfillment had been postponed from time + to time for nearly two years, whilst those who made it had been + anxiously waiting for Congress to establish a Territorial government + over the country. The Indians became at length distrustful of their good + faith and sought redress by plunder and massacre, which finally led to + the present difficulties. A few thousand dollars in suitable presents, + as a compensation for the country which had been taken possession of by + our citizens, would have satisfied the Indians and have prevented the + war. A small amount properly distributed, it is confidently believed, + would soon restore quiet. In this Indian war our fellow-citizens of + Oregon have been compelled to take the field in their own defense, have + performed valuable military services, and been subjected to expenses + which have fallen heavily upon them. Justice demands that provision + should be made by Congress to compensate them for their services and to + refund to them the necessary expenses which they have incurred. +</p> +<p> + I repeat the recommendation heretofore made to Congress, that provision + be made for the appointment of a suitable number of Indian agents to + reside among the tribes of Oregon, and that a small sum be appropriated + to enable these agents to cultivate friendly relations with them. If + this be done, the presence of a small military force will be all that is + necessary to keep them in check and preserve peace. I recommend that + similar provisions be made as regards the tribes inhabiting northern + Texas, New Mexico, California, and the extensive region lying between + our settlements in Missouri and these possessions, as the most effective + means of preserving peace upon our borders and within the recently + acquired territories. +</p> +<p> + The Secretary of the Treasury will present in his annual report a highly + satisfactory statement of the condition of the finances. +</p> +<p> + The imports for the fiscal year ending on the 30th of June last were of + the value of $154,977,876, of which the amount exported was $21,128,010, + leaving $133,849,866 in the country for domestic use. The value of the + exports for the same period was $154,032,131, consisting of domestic + productions amounting to $132,904,121 and $21,128,010 of foreign + articles. The receipts into the Treasury for the same period, exclusive + of loans, amounted to $35,436,750.59, of which there was derived from + customs $31,757,070.96, from sales of public lands $3,328,642.56, and + from miscellaneous and incidental sources $351,037.07. +</p> +<p> + It will be perceived that the revenue from customs for the last fiscal + year exceeded by $757,070.96 the estimate of the Secretary of the + Treasury in his last annual report, and that the aggregate receipts + during the same period from customs, lands, and miscellaneous sources + also exceeded the estimate by the sum of $536,750.59, indicating, + however, a very near approach in the estimate to the actual result. +</p> +<p> + The expenditures during the fiscal year ending on the 30th of June last, + including those for the war and exclusive of payments of principal and + interest for the public debt, were $42,811,970.03. +</p> +<p> + It is estimated that the receipts into the Treasury for the fiscal year + ending on the 30th of June, 1849, including the balance in the Treasury + on the 1st of July last, will amount to the sum of $57,048,969.90, of + which $32,000,000, it is estimated, will be derived from customs, + $3,000,000 from the sales of the public lands, and $1,200,000 from + miscellaneous and incidental sources, including the premium upon the + loan, and the amount paid and to be paid into the Treasury on account of + military contributions in Mexico, and the sales of arms and vessels and + other public property rendered unnecessary for the use of the Government + by the termination of the war, and $20,695,435.30 from loans already + negotiated, including Treasury notes funded, which, together with the + balance in the Treasury on the 1st of July last, make the sum estimated. +</p> +<p> + The expenditures for the same period, including the necessary payment on + account of the principal and interest of the public debt, and the + principal and interest of the first installment due to Mexico on the + 30th of May next, and other expenditures growing out of the war to be + paid during the present year, will amount, including the reimbursement + of Treasury notes, to the sum of $54,195,275.06, leaving an estimated + balance in the Treasury on the 1st of July, 1849, of $2,853,694.84. +</p> +<p> + The Secretary of the Treasury will present, as required by law, the + estimate of the receipts and expenditures for the next fiscal year. The + expenditures as estimated for that year are $33,213,152.73, including + $3,799,102.18 for the interest on the public debt and $3,540,000 for the + principal and interest due to Mexico on the 30th of May, 1850, leaving + the sum of $25,874,050.35, which, it is believed, will be ample for the + ordinary peace expenditures. +</p> +<p> + The operations of the tariff act of 1846 have been such during the past + year as fully to meet the public expectation and to confirm the opinion + heretofore expressed of the wisdom of the change in our revenue system + which was effected by it. The receipts under it into the Treasury for + the first fiscal year after its enactment exceeded by the sum of + $5,044,403.09 the amount collected during the last fiscal year under the + tariff act of 1842, ending the 30th of June, 1846. The total revenue + realized from the commencement of its operation, on the 1st of December, + 1846, until the close of the last quarter, on the 30th of September + last, being twenty-two months, was $56,654,563.79, being a much larger + sum than was ever before received from duties during any equal period + under the tariff acts of 1824, 1828, 1832, and 1842. Whilst by the + repeal of highly protective and prohibitory duties the revenue has been + increased, the taxes on the people have been diminished. They have been + relieved from the heavy amounts with which they were burthened under + former laws in the form of increased prices or bounties paid to favored + classes and pursuits. +</p> +<p> + The predictions which were made that the tariff act of 1846 would reduce + the amount of revenue below that collected under the act of 1842, and + would prostrate the business and destroy the prosperity of the country, + have not been verified. With an increased and increasing revenue, the + finances are in a highly flourishing condition. Agriculture, commerce, + and navigation are prosperous; the prices of manufactured fabrics and of + other products are much less injuriously affected than was to have been + anticipated from the unprecedented revulsions which during the last and + the present year have overwhelmed the industry and paralyzed the credit + and commerce of so many great and enlightened nations of Europe. +</p> +<p> + Severe commercial revulsions abroad have always heretofore operated to + depress and often to affect disastrously almost every branch of American + industry. The temporary depression of a portion of our manufacturing + interests is the effect of foreign causes, and is far less severe than + has prevailed on all former similar occasions. +</p> +<p> + It is believed that, looking to the great aggregate of all our + interests, the whole country was never more prosperous than at the + present period, and never more rapidly advancing in wealth and + population. Neither the foreign war in which we have been involved, nor + the loans which have absorbed so large a portion of our capital, nor the + commercial revulsion in Great Britain in 1847, nor the paralysis of + credit and commerce throughout Europe in 1848, have affected injuriously + to any considerable extent any of the great interests of the country or + arrested our onward march to greatness, wealth, and power. +</p> +<p> + Had the disturbances in Europe not occurred, our commerce would + undoubtedly have been still more extended, and would have added still + more to the national wealth and public prosperity. But notwithstanding + these disturbances, the operations of the revenue system established + by the tariff act of 1846 have been so generally beneficial to the + Government and the business of the country that no change in its + provisions is demanded by a wise public policy, and none is recommended. +</p> +<p> + The operations of the constitutional treasury established by the act of + the 6th of August, 1846, in the receipt, custody, and disbursement of + the public money have continued to be successful. Under this system the + public finances have been carried through a foreign war, involving the + necessity of loans and extraordinary expenditures and requiring distant + transfers and disbursements, without embarrassment, and no loss has + occurred of any of the public money deposited under its provisions. + Whilst it has proved to be safe and useful to the Government, its + effects have been most beneficial upon the business of the country. It + has tended powerfully to secure an exemption from that inflation and + fluctuation of the paper currency so injurious to domestic industry + and rendering so uncertain the rewards of labor, and, it is believed, + has largely contributed to preserve the whole country from a serious + commercial revulsion, such as often occurred under the bank deposit + system. In the year 1847 there was a revulsion in the business of Great + Britain of great extent and intensity, which was followed by failures + in that Kingdom unprecedented in number and amount of losses. This is + believed to be the first instance when such disastrous bankruptcies, + occurring in a country with which we have such extensive commerce, + produced little or no injurious effect upon our trade or currency. + We remained but little affected in our money market, and our business + and industry were still prosperous and progressive. +</p> +<p> + During the present year nearly the whole continent of Europe has been + convulsed by civil war and revolutions, attended by numerous + bankruptcies, by an unprecedented fall in their public securities, and + an almost universal paralysis of commerce and industry; and yet, + although our trade and the prices of our products must have been + somewhat unfavorably affected by these causes, we have escaped a + revulsion, our money market is comparatively easy, and public and + private credit have advanced and improved. +</p> +<p> + It is confidently believed that we have been saved from their effect by + the salutary operation of the constitutional treasury. It is certain + that if the twenty-four millions of specie imported into the country + during the fiscal year ending on the 30th of June, 1847, had gone into + the banks, as to a great extent it must have done, it would in the + absence of this system have been made the basis of augmented bank paper + issues, probably to an amount not less than $60,000,000 or $70,000,000, + producing, as an inevitable consequence of an inflated currency, + extravagant prices for a time and wild speculation, which must have been + followed, on the reflux to Europe the succeeding year of so much of that + specie, by the prostration of the business of the country, the + suspension of the banks, and most extensive bankruptcies. Occurring, as + this would have done, at a period when the country was engaged in a + foreign war, when considerable loans of specie were required for distant + disbursements, and when the banks, the fiscal agents of the Government + and the depositories of its money, were suspended, the public credit + must have sunk, and many millions of dollars, as was the case during the + War of 1812, must have been sacrificed in discounts upon loans and upon + the depreciated paper currency which the Government would have been + compelled to use. +</p> +<p> + Under the operations of the constitutional treasury not a dollar has + been lost by the depreciation of the currency. The loans required to + prosecute the war with Mexico were negotiated by the Secretary of the + Treasury above par, realizing a large premium to the Government. The + restraining effect of the system upon the tendencies to excessive paper + issues by banks has saved the Government from heavy losses and thousands + of our business men from bankruptcy and ruin. The wisdom of the system + has been tested by the experience of the last two years, and it is + the dictate of sound policy that it should remain undisturbed. The + modifications in some of the details of this measure, involving none of + its essential principles, heretofore recommended, are again presented + for your favorable consideration. +</p> +<p> + In my message of the 6th of July last, transmitting to Congress the + ratified treaty of peace with Mexico, I recommended the adoption of + measures for the speedy payment of the public debt. In reiterating that + recommendation I refer you to the considerations presented in that + message in its support. The public debt, including that authorized to be + negotiated in pursuance of existing laws, and including Treasury notes, + amounted at that time to $65,778,450.41. +</p> +<p> + Funded stock of the United States amounting to about half a million of + dollars has been purchased, as authorized by law, since that period, and + the public debt has thus been reduced, the details of which will be + presented in the annual report of the Secretary of the Treasury. +</p> +<p> + The estimates of expenditures for the next fiscal year, submitted by + the Secretary of the Treasury, it is believed will be ample for all + necessary purposes. If the appropriations made by Congress shall not + exceed the amount estimated, the means in the Treasury will be + sufficient to defray all the expenses of the Government, to pay off the + next installment of $3,000,000 to Mexico, which will fall due on the + 30th of May next, and still a considerable surplus will remain, which + should be applied to the further purchase of the public stock and + reduction of the debt. Should enlarged appropriations be made, the + necessary consequence will be to postpone the payment of the debt. + Though our debt, as compared with that of most other nations, is small, + it is our true policy, and in harmony with the genius of our + institutions, that we should present to the world the rare spectacle of + a great Republic, possessing vast resources and wealth, wholly exempt + from public indebtedness. This would add still more to our strength, + and give to us a still more commanding position among the nations of + the earth. +</p> +<p> + The public expenditures should be economical, and be confined to such + necessary objects as are clearly within the powers of Congress. All such + as are not absolutely demanded should be postponed, and the payment of + the public debt at the earliest practicable period should be a cardinal + principle of our public policy. +</p> +<p> + For the reason assigned in my last annual message, I repeat the + recommendation that a branch of the Mint of the United States be + established at the city of New York. The importance of this measure is + greatly increased by the acquisition of the rich mines of the precious + metals in New Mexico and California, and especially in the latter. +</p> +<p> + I repeat the recommendation heretofore made in favor of the graduation + and reduction of the price of such of the public lands as have been long + offered in the market and have remained unsold, and in favor of + extending the rights of preemption to actual settlers on the unsurveyed + as well as the surveyed lands. +</p> +<p> + The condition and operations of the Army and the state of other branches + of the public service under the supervision of the War Department are + satisfactorily presented in the accompanying report of the Secretary of + War. +</p> +<p> + On the return of peace our forces were withdrawn from Mexico, and the + volunteers and that portion of the Regular Army engaged for the war were + disbanded. Orders have been issued for stationing the forces of our + permanent establishment at various positions in our extended country + where troops may be required. Owing to the remoteness of some of these + positions, the detachments have not yet reached their destination. + Notwithstanding the extension of the limits of our country and the + forces required in the new territories, it is confidently believed that + our present military establishment is sufficient for all exigencies so + long as our peaceful relations remain undisturbed. +</p> +<p> + Of the amount of military contributions collected in Mexico, the sum of + $769,650 was applied toward the payment of the first installment due + under the treaty with Mexico. The further sum of $346,369.30 has been + paid into the Treasury, and unexpended balances still remain in the + hands of disbursing officers and those who were engaged in the + collection of these moneys. After the proclamation of peace no further + disbursements were made of any unexpended moneys arising from this + source. The balances on hand were directed to be paid into the Treasury, + and individual claims on the fund will remain unadjusted until Congress + shall authorize their settlement and payment. These claims are not + considerable in number or amount. +</p> +<p> + I recommend to your favorable consideration the suggestions of the + Secretary of War and the Secretary of the Navy in regard to legislation + on this subject. +</p> +<p> + Our Indian relations are presented in a most favorable view in the + report from the War Department. The wisdom of our policy in regard to + the tribes within our limits is clearly manifested by their improved and + rapidly improving condition. +</p> +<p> + A most important treaty with the Menomonies has been recently negotiated + by the Commissioner of Indian Affairs in person, by which all their land + in the State of Wisconsin—being about 4,000,000 acres—has been ceded + to the United States. This treaty will be submitted to the Senate for + ratification at an early period of your present session. +</p> +<p> + Within the last four years eight important treaties have been negotiated + with different Indian tribes, and at a cost of $1,842,000; Indian lands + to the amount of more than 18,500,000 acres have been ceded to the + United States, and provision has been made for settling in the country + west of the Mississippi the tribes which occupied this large extent of + the public domain. The title to all the Indian lands within the several + States of our Union, with the exception of a few small reservations, is + now extinguished, and a vast region opened for settlement and + cultivation. +</p> +<p> + The accompanying report of the Secretary of the Navy gives a + satisfactory exhibit of the operations and condition of that branch of + the public service. +</p> +<p> + A number of small vessels, suitable for entering the mouths of rivers, + were judiciously purchased during the war, and gave great efficiency to + the squadron in the Gulf of Mexico. On the return of peace, when no + longer valuable for naval purposes, and liable to constant + deterioration, they were sold and the money placed in the Treasury. +</p> +<p> + The number of men in the naval service authorized by law during the war + has been reduced by discharges below the maximum fixed for the peace + establishment. Adequate squadrons are maintained in the several quarters + of the globe where experience has shown their services may be most + usefully employed, and the naval service was never in a condition of + higher discipline or greater efficiency. +</p> +<p> + I invite attention to the recommendation of the Secretary of the Navy + on the subject of the Marine Corps. The reduction of the Corps at the + end of the war required that four officers of each of the three lower + grades should be dropped from the rolls. A board of officers made the + selection, and those designated were necessarily dismissed, but without + any alleged fault. I concur in opinion with the Secretary that the + service would be improved by reducing the number of landsmen and + increasing the marines. Such a measure would justify an increase of + the number of officers to the extent of the reduction by dismissal, + and still the Corps would have fewer officers than a corresponding + number of men in the Army. +</p> +<p> + The contracts for the transportation of the mail in steamships, + convertible into war steamers, promise to realize all the benefits to + our commerce and to the Navy which were anticipated. The first steamer + thus secured to the Government was launched in January, 1847. There are + now seven, and in another year there will probably be not less than + seventeen afloat. While this great national advantage is secured, our + social and commercial intercourse is increased and promoted with + Germany, Great Britain, and other parts of Europe, with all the + countries on the west coast of our continent, especially with Oregon and + California, and between the northern and southern sections of the United + States. Considerable revenue may be expected from postages, but the + connected line from New York to Chagres, and thence across the Isthmus + to Oregon, can not fail to exert a beneficial influence, not now to be + estimated, on the interests of the manufactures, commerce, navigation, + and currency of the United States. As an important part of the system, + I recommend to your favorable consideration the establishment of the + proposed line of steamers between New Orleans and Vera Cruz. It promises + the most happy results in cementing friendship between the two Republics + and extending reciprocal benefits to the trade and manufactures of both. +</p> +<p> + The report of the Postmaster-General will make known to you the + operations of that Department for the past year. +</p> +<p> + It is gratifying to find the revenues of the Department, under the rates + of postage now established by law, so rapidly increasing. The gross + amount of postages during the last fiscal year amounted to $4,371,077, + exceeding the annual average received for the nine years immediately + preceding the passage of the act of the 3d of March, 1845, by the sum of + $6,453, and exceeding the amount received for the year ending the 30th + of June, 1847, by the sum of $425,184. +</p> +<p> + The expenditures for the year, excluding the sum of $94,672, allowed by + Congress at its last session to individual claimants, and including the + sum of $100,500, paid for the services of the line of steamers between + Bremen and New York, amounted to $4,198,845, which is less than the + annual average for the nine years previous to the act of 1845 by + $300,748. +</p> +<p> + The mail routes on the 30th day of June last were 163,208 miles in + extent, being an increase during the last year of 9,390 miles. The mails + were transported over them during the same time 41,012,579 miles, making + an increase of transportation for the year of 2,124,680 miles, whilst + the expense was less than that of the previous year by $4,235. +</p> +<p> + The increase in the mail transportation within the last three years has + been 5,378,310 miles, whilst the expenses were reduced $456,738, making + an increase of service at the rate of 15 per cent and a reduction in the + expenses of more than 15 per cent. +</p> +<p> + During the past year there have been employed, under contracts with the + Post-Office Department, two ocean steamers in conveying the mails + monthly between New York and Bremen, and one, since October last, + performing semimonthly service between Charleston and Havana; and a + contract has been made for the transportation of the Pacific mails + across the Isthmus from Chagres to Panama. +</p> +<p> + Under the authority given to the Secretary of the Navy, three ocean + steamers have been constructed and sent to the Pacific, and are expected + to enter upon the mail service between Panama and Oregon and the + intermediate ports on the 1st of January next; and a fourth has been + engaged by him for the service between Havana and Chagres, so that a + regular monthly mail line will be kept up after that time between the + United States and our territories on the Pacific. +</p> +<p> + Notwithstanding this great increase in the mail service, should the + revenue continue to increase the present year as it did in the last, + there will be received near $450,000 more than the expenditures. +</p> +<p> + These considerations have satisfied the Postmaster-General that, with + certain modifications of the act of 1845, the revenue may be still + further increased and a reduction of postages made to a uniform rate of + 5 cents, without an interference with the principle, which has been + constantly and properly enforced, of making that Department sustain + itself. +</p> +<p> + A well-digested cheap-postage system is the best means of diffusing + intelligence among the people, and is of so much importance in a country + so extensive as that of the United States that I recommend to your + favorable consideration the suggestions of the Postmaster-General for + its improvement. +</p> +<p> + Nothing can retard the onward progress of our country and prevent us + from assuming and maintaining the first rank among nations but a + disregard of the experience of the past and a recurrence to an unwise + public policy. We have just closed a foreign war by an honorable + peace—a war rendered necessary and unavoidable in vindication of the + national rights and honor. The present condition of the country is + similar in some respects to that which existed immediately after the + close of the war with Great Britain in 1815, and the occasion is deemed + to be a proper one to take a retrospect of the measures of public policy + which followed that war. There was at that period of our history a + departure from our earlier policy. The enlargement of the powers of the + Federal Government by <i>construction</i>, which obtained, was not warranted + by any just interpretation of the Constitution. A few years after the + close of that war a series of measures was adopted which, united and + combined, constituted what was termed by their authors and advocates the + "American system." +</p> +<p> + The introduction of the new policy was for a time favored by the + condition of the country, by the heavy debt which had been contracted + during the war, by the depression of the public credit, by the deranged + state of the finances and the currency, and by the commercial and + pecuniary embarrassment which extensively prevailed. These were not the + only causes which led to its establishment. The events of the war with + Great Britain and the embarrassments which had attended its prosecution + had left on the minds of many of our statesmen the impression that our + Government was not strong enough, and that to wield its resources + successfully in great emergencies, and especially in war, more power + should be concentrated in its hands. This increased power they did not + seek to obtain by the legitimate and prescribed mode—an amendment of + the Constitution—but by <i>construction</i>. They saw Governments in the Old + World based upon different orders of society, and so constituted as to + throw the whole power of nations into the hands of a few, who taxed and + controlled the many without responsibility or restraint. In that + arrangement they conceived the strength of nations in war consisted. + There was also something fascinating in the ease, luxury, and display of + the higher orders, who drew their wealth from the toil of the laboring + millions. The authors of the system drew their ideas of political + economy from what they had witnessed in Europe, and particularly in + Great Britain. They had viewed the enormous wealth concentrated in few + hands and had seen the splendor of the overgrown establishments of an + aristocracy which was upheld by the restrictive policy. They forgot to + look down upon the poorer classes of the English population, upon whose + daily and yearly labor the great establishments they so much admired + were sustained and supported. They failed to perceive that the scantily + fed and half-clad operatives were not only in abject poverty, but were + bound in chains of oppressive servitude for the benefit of favored + classes, who were the exclusive objects of the care of the Government. +</p> +<p> + It was not possible to reconstruct society in the United States upon the + European plan. Here there was a written Constitution, by which orders + and titles were not recognized or tolerated. A system of measures was + therefore devised, calculated, if not intended, to withdraw power + gradually and silently from the States and the mass of the people, and + by <i>construction</i> to approximate our Government to the European models, + substituting an aristocracy of wealth for that of orders and titles. +</p> +<p> + Without reflecting upon the dissimilarity of our institutions and of the + condition of our people and those of Europe, they conceived the vain + idea of building up in the United States a system similar to that which + they admired abroad. Great Britain had a national bank of large capital, + in whose hands was concentrated the controlling monetary and financial + power of the nation—an institution wielding almost kingly power, and + exerting vast influence upon all the operations of trade and upon the + policy of the Government itself. Great Britain had an enormous public + debt, and it had become a part of her public policy to regard this + as a "public blessing." Great Britain had also a restrictive policy, + which placed fetters and burdens on trade and trammeled the productive + industry of the mass of the nation. By her combined system of policy the + landlords and other property holders were protected and enriched by the + enormous taxes which were levied upon the labor of the country for their + advantage. Imitating this foreign policy, the first step in establishing + the new system in the United States was the creation of a national bank. + Not foreseeing the dangerous power and countless evils which such an + institution might entail on the country, nor perceiving the connection + which it was designed to form between the bank and the other branches of + the miscalled "American system," but feeling the embarrassments of the + Treasury and of the business of the country consequent upon the war, + some of our statesmen who had held different and sounder views were + induced to yield their scruples and, indeed, settled convictions of its + unconstitutionality, and to give it their sanction as an expedient which + they vainly hoped might produce relief. It was a most unfortunate error, + as the subsequent history and final catastrophe of that dangerous and + corrupt institution have abundantly proved. The bank, with its numerous + branches ramified into the States, soon brought many of the active + political and commercial men in different sections of the country into + the relation of debtors to it and dependents upon it for pecuniary + favors, thus diffusing throughout the mass of society a great number of + individuals of power and influence to give tone to public opinion and + to act in concert in cases of emergency. The corrupt power of such a + political engine is no longer a matter of speculation, having been + displayed in numerous instances, but most signally in the political + struggles of 1832, 1833, and 1834 in opposition to the public will + represented by a fearless and patriotic President. +</p> +<p> + But the bank was but one branch of the new system. A public debt of more + than $120,000,000 existed, and it is not to be disguised that many of + the authors of the new system did not regard its speedy payment as + essential to the public prosperity, but looked upon its continuance as + no national evil. Whilst the debt existed it furnished aliment to the + national bank and rendered increased taxation necessary to the amount of + the interest, exceeding $7,000,000 annually. +</p> +<p> + This operated in harmony with the next branch of the new system, which + was a high protective tariff. This was to afford bounties to favored + classes and particular pursuits at the expense of all others. A + proposition to tax the whole people for the purpose of enriching a few + was too monstrous to be openly made. The scheme was therefore veiled + under the plausible but delusive pretext of a measure to protect "home + industry," and many of our people were for a time led to believe that a + tax which in the main fell upon labor was for the benefit of the laborer + who paid it. This branch of the system involved a partnership between + the Government and the favored classes, the former receiving the + proceeds of the tax imposed on articles imported and the latter the + increased price of similar articles produced at home, caused by such + tax. It is obvious that the portion to be received by the favored + classes would, as a general rule, be increased in proportion to the + increase of the rates of tax imposed and diminished as those rates were + reduced to the revenue standard required by the wants of the Government. + The rates required to produce a sufficient revenue for the ordinary + expenditures of Government for necessary purposes were not likely to + give to the private partners in this scheme profits sufficient to + satisfy their cupidity, and hence a variety of expedients and pretexts + were resorted to for the purpose of enlarging the expenditures and + thereby creating a necessity for keeping up a high protective tariff. + The effect of this policy was to interpose artificial restrictions upon + the natural course of the business and trade of the country, and to + advance the interests of large capitalists and monopolists at the + expense of the great mass of the people, who were taxed to increase + their wealth. +</p> +<p> + Another branch of this system was a comprehensive scheme of internal + improvements, capable of indefinite enlargement and sufficient to + swallow up as many millions annually as could be exacted from the + foreign commerce of the country. This was a convenient and necessary + adjunct of the protective tariff. It was to be the great absorbent of + any surplus which might at any time accumulate in the Treasury and of + the taxes levied on the people, not for necessary revenue purposes, but + for the avowed object of affording protection to the favored classes. +</p> +<p> + Auxiliary to the same end, if it was not an essential part of the system + itself, was the scheme, which at a later period obtained, for distributing + the proceeds of the sales of the public lands among the States. Other + expedients were devised to take money out of the Treasury and prevent + its coming in from any other source than the protective tariff. The + authors and supporters of the system were the advocates of the largest + expenditures, whether for necessary or useful purposes or not, because + the larger the expenditures the greater was the pretext for high taxes + in the form of protective duties. +</p> +<p> + These several measures were sustained by popular names and plausible + arguments, by which thousands were deluded. The bank was represented to + be an indispensable fiscal agent for the Government; was to equalize + exchanges and to regulate and furnish a sound currency, always and + everywhere of uniform value. The protective tariff was to give + employment to "American labor" at advanced prices; was to protect + "home industry" and furnish a steady market for the farmer. Internal + improvements were to bring trade into every neighborhood and enhance the + value of every man's property. The distribution of the land money was to + enrich the States, finish their public works, plant schools throughout + their borders, and relieve them from taxation. But the fact that for + every dollar taken out of the Treasury for these objects a much larger + sum was transferred from the pockets of the people to the favored + classes was carefully concealed, as was also the tendency, if not the + ultimate design, of the system to build up an aristocracy of wealth, to + control the masses of society, and monopolize the political power of the + country. +</p> +<p> + The several branches of this system were so intimately blended + together that in their operation each sustained and strengthened the + others. Their joint operation was to add new burthens of taxation and to + encourage a largely increased and wasteful expenditure of public money. + It was the interest of the bank that the revenue collected and the + disbursements made by the Government should be large, because, being the + depository of the public money, the larger the amount the greater would + be the bank profits by its use. It was the interest of the favored + classes, who were enriched by the protective tariff, to have the rates + of that protection as high as possible, for the higher those rates the + greater would be their advantage. It was the interest of the people + of all those sections and localities who expected to be benefited by + expenditures for internal improvements that the amount collected should + be as large as possible, to the end that the sum disbursed might also be + the larger. The States, being the beneficiaries in the distribution of + the land money, had an interest in having the rates of tax imposed by + the protective tariff large enough to yield a sufficient revenue from + that source to meet the wants of the Government without disturbing + or taking from them the land fund; so that each of the branches + constituting the system had a common interest in swelling the public + expenditures. They had a direct interest in maintaining the public debt + unpaid and increasing its amount, because this would produce an annual + increased drain upon the Treasury to the amount of the interest and + render augmented taxes necessary. The operation and necessary effect of + the whole system were to encourage large and extravagant expenditures, + and thereby to increase the public patronage, and maintain a rich and + splendid government at the expense of a taxed and impoverished people. +</p> +<p> + It is manifest that this scheme of enlarged taxation and expenditures, + had it continued to prevail, must soon have converted the Government of + the Union, intended by its framers to be a plain, cheap, and simple + confederation of States, united together for common protection and + charged with a few specific duties, relating chiefly to our foreign + affairs, into a consolidated empire, depriving the States of their + reserved rights and the people of their just power and control in the + administration of their Government. In this manner the whole form and + character of the Government would be changed, not by an amendment of the + Constitution, but by resorting to an unwarrantable and unauthorized + construction of that instrument. +</p> +<p> + The indirect mode of levying the taxes by a duty on imports prevents + the mass of the people from readily perceiving the amount they pay, and + has enabled the few who are thus enriched, and who seek to wield the + political power of the country, to deceive and delude them. Were the + taxes collected by a direct levy upon the people, as is the case in the + States, this could not occur. +</p> +<p> + The whole system was resisted from its inception by many of our + ablest statesmen, some of whom doubted its constitutionality and its + expediency, while others believed it was in all its branches a flagrant + and dangerous infraction of the Constitution. +</p> +<p> + That a national bank, a protective tariff—levied not to raise the + revenue needed, but for protection merely—internal improvements, and + the distribution of the proceeds of the sale of the public lands are + measures without the warrant of the Constitution would, upon the + maturest consideration, seem to be clear. It is remarkable that no one + of these measures, involving such momentous consequences, is authorized + by any express grant of power in the Constitution. No one of them is + "incident to, as being necessary and proper for the execution of, the + specific powers" granted by the Constitution. The authority under which + it has been attempted to justify each of them is derived from inferences + and constructions of the Constitution which its letter and its whole + object and design do not warrant. Is it to be conceived that such + immense powers would have been left by the framers of the Constitution + to mere inferences and doubtful constructions? Had it been intended to + confer them on the Federal Government, it is but reasonable to conclude + that it would have been done by plain and unequivocal grants. This was + not done; but the whole structure of which the "American system" + consisted was reared on no other or better foundation than forced + implications and inferences of power, which its authors assumed might + be deduced by construction from the Constitution. +</p> +<p> + But it has been urged that the national bank, which constituted so + essential a branch of this combined system of measures, was not a new + measure, and that its constitutionality had been previously sanctioned, + because a bank had been chartered in 1791 and had received the official + signature of President Washington. A few facts will show the just weight + to which this precedent should be entitled as bearing upon the question + of constitutionality. +</p> +<p> + Great division of opinion upon the subject existed in Congress. It is + well known that President Washington entertained serious doubts both as + to the constitutionality and expediency of the measure, and while the + bill was before him for his official approval or disapproval so great + were these doubts that he required "the opinion in writing" of the + members of his Cabinet to aid him in arriving at a decision. His Cabinet + gave their opinions and were divided upon the subject, <i>General + Hamilton</i> being in favor of and <i>Mr. Jefferson</i> and <i>Mr. Randolph</i> being + opposed to the constitutionality and expediency of the bank. It is well + known also that President Washington retained the bill from Monday, the + 14th, when it was presented to him, until Friday, the 25th of February, + being the last moment permitted him by the Constitution to deliberate, + when he finally yielded to it his reluctant assent and gave it his + signature. It is certain that as late as the 23d of February, being the + ninth day after the bill was presented to him, he had arrived at no + satisfactory conclusion, for on that day he addressed a note to General + Hamilton in which he informs him that "this bill was presented to me by + the joint committee of Congress at 12 o'clock on Monday, the 14th + instant," and he requested his opinion "to what precise period, by legal + interpretation of the Constitution, can the President retain it in his + possession before it becomes a law by the lapse of ten days." If the + proper construction was that the day on which the bill was presented to + the President and the day on which his action was had upon it were both + to be counted inclusive, then the time allowed him within which it would + be competent for him to return it to the House in which it originated + with his objections would expire on Thursday, the 24th of February. + General Hamilton on the same day returned an answer, in which he states: +</p> +<p class="q"> + I give it as my opinion that you have ten days exclusive of that on + which the bill was delivered to you and Sundays; hence, in the present + case if it is returned on Friday it will be in time. +</p> +<p> + By this construction, which the President adopted, he gained another day + for deliberation, and it was not until the 25th of February that he + signed the bill, thus affording conclusive proof that he had at last + obtained his own consent to sign it not without great and almost + insuperable difficulty. Additional light has been recently shed upon the + serious doubts which he had on the subject, amounting at one time to a + conviction that it was his duty to withhold his approval from the bill. + This is found among the manuscript papers of <i>Mr. Madison</i>, authorized + to be purchased for the use of the Government by an act of the last + session of Congress, and now for the first time accessible to the + public. From these papers it appears that President Washington, while he + yet held the bank bill in his hands, actually requested <i>Mr. Madison</i>, + at that time a member of the House of Representatives, to prepare the + draft of a veto message for him. <i>Mr. Madison</i>, at his request, did + prepare the draft of such a message, and sent it to him on the 21st of + February, 1791. A copy of this original draft, in Mr. Madison's own + handwriting, was carefully preserved by him, and is among the papers + lately purchased by Congress. It is preceded by a note, written on the + same sheet, which is also in Mr. Madison's handwriting, and is as + follows: +</p> +<p class="q"> + <i>February 21, 1791</i>.—Copy of a paper made out and sent to the + President, <i>at his request,</i> to be ready in case his judgment should + finally decide against the bill for incorporating a national bank, + the bill being then before him. +</p> +<p> + Among the objections assigned in this paper to the bill, and which were + submitted for the consideration of the President, are the following: +</p> +<p class="q"> + I object to the bill, because it is an essential principle of the + Government that powers not delegated by the Constitution can not be + rightfully exercised; because the power proposed by the bill to be + exercised is not expressly delegated, and because I can not satisfy + myself that it results from any express power by fair and safe rules + of interpretation. +</p> +<p> + The weight of the precedent of the bank of 1791 and the sanction of + the great name of Washington, which has been so often invoked in its + support, are greatly weakened by the development of these facts. +</p> +<p> + The experiment of that bank satisfied the country that it ought not to + be continued, and at the end of twenty years Congress refused to + recharter it. It would have been fortunate for the country, and saved + thousands from bankruptcy and ruin, had our public men of 1816 resisted + the temporary pressure of the times upon our financial and pecuniary + interests and refused to charter the second bank. Of this the country + became abundantly satisfied, and at the close of its twenty years' + duration, as in the case of the first bank, it also ceased to exist. + Under the repeated blows of <i>President Jackson</i> it reeled and fell, and + a subsequent attempt to charter a similar institution was arrested by + the <i>veto</i> of President Tyler. +</p> +<p> + <i>Mr. Madison</i>, in yielding his signature to the charter of 1816, did so + upon the ground of the respect due to precedents; and, as he + subsequently declared— +</p> +<p class="q"> + The Bank of the United States, though on the original question held + to be unconstitutional, received the Executive signature. +</p> +<p> + It is probable that neither the bank of 1791 nor that of 1816 would have + been chartered but for the embarrassments of the Government in its + finances, the derangement of the currency, and the pecuniary pressure + which existed, the first the consequence of the War of the Revolution + and the second the consequence of the War of 1812. Both were resorted to + in the delusive hope that they would restore public credit and afford + relief to the Government and to the business of the country. +</p> +<p> + Those of our public men who opposed the whole "American system" + at its commencement and throughout its progress foresaw and predicted + that it was fraught with incalculable mischiefs and must result in + serious injury to the best interests of the country. For a series of + years their wise counsels were unheeded, and the system was established. + It was soon apparent that its practical operation was unequal and unjust + upon different portions of the country and upon the people engaged + in different pursuits. All were equally entitled to the favor and + protection of the Government. It fostered and elevated the money power + and enriched the favored few by taxing labor, and at the expense of the + many. Its effect was to "make the rich richer and the poor poorer." Its + tendency was to create distinctions in society based on wealth and to + give to the favored classes undue control and sway in our Government. It + was an organized money power, which resisted the popular will and sought + to shape and control the public policy. +</p> +<p> + Under the pernicious workings of this combined system of measures the + country witnessed alternate seasons of temporary apparent prosperity, + of sudden and disastrous commercial revulsions, of unprecedented + fluctuation of prices and depression of the great interests of + agriculture, navigation, and commerce, of general pecuniary suffering, + and of final bankruptcy of thousands. After a severe struggle of more + than a quarter of a century, the system was overthrown. +</p> +<p> + The bank has been succeeded by a practical system of finance, conducted + and controlled solely by the Government. The constitutional currency has + been restored, the public credit maintained unimpaired even in a period + of a foreign war, and the whole country has become satisfied that banks, + national or State, are not necessary as fiscal agents of the Government. + Revenue duties have taken the place of the protective tariff. The + distribution of the money derived from the sale of the public lands has + been abandoned and the corrupting system of internal improvements, it is + hoped, has been effectually checked. +</p> +<p> + It is not doubted that if this whole train of measures, designed to take + wealth from the many and bestow it upon the few, were to prevail the + effect would be to change the entire character of the Government. One + only danger remains. It is the seductions of that branch of the system + which consists in internal improvements, holding out, as it does, + inducements to the people of particular sections and localities to + embark the Government in them without stopping to calculate the + inevitable consequences. This branch of the system is so intimately + combined and linked with the others that as surely as an effect is + produced by an adequate cause, if it be resuscitated and revived and + firmly established it requires no sagacity to foresee that it will + necessarily and speedily draw after it the reestablishment of a national + bank, the revival of a protective tariff, the distribution of the land + money, and not only the postponement to the distant future of the + payment of the present national debt, but its annual increase. +</p> +<p> + I entertain the solemn conviction that if the internal-improvement + branch of the "American system" be not firmly resisted at this time the + whole series of measures composing it will be speedily reestablished and + the country be thrown back from its present high state of prosperity, + which the existing policy has produced, and be destined again to witness + all the evils, commercial revulsions, depression of prices, and + pecuniary embarrassments through which we have passed during the last + twenty-five years. +</p> +<p> + To guard against consequences so ruinous is an object of high national + importance, involving, in my judgment, the continued prosperity of the + country. +</p> +<p> + I have felt it to be an imperative obligation to withhold my + constitutional sanction from two bills which had passed the two Houses + of Congress, involving the principle of the internal-improvement branch + of the "American system" and conflicting in their provisions with the + views here expressed. +</p> +<p> + This power, conferred upon the President by the Constitution, I have on + three occasions during my administration of the executive department of + the Government deemed it my duty to exercise, and on this last occasion + of making to Congress an annual communication "of the state of the + Union" it is not deemed inappropriate to review the principles and + considerations which have governed my action. I deem this the more + necessary because, after the lapse of nearly sixty years since the + adoption of the Constitution, the propriety of the exercise of this + undoubted constitutional power by the President has for the first time + been drawn seriously in question by a portion of my fellow-citizens. +</p> +<p> + The Constitution provides that— +</p> +<p class="q"> + Every bill which shall have passed the House of Representatives and the + Senate shall, before it become a law, be presented to the President of + the United States. If he approve he <i>shall</i> sign it, but if not he + <i>shall</i> return it with his objections to that House in which it shall + have originated, who shall enter the objections at large on their + Journal and proceed to reconsider it. +</p> +<p> + The preservation of the Constitution from infraction is the President's + highest duty. He is bound to discharge that duty at whatever hazard of + incurring the displeasure of those who may differ with him in opinion. + He is bound to discharge it as well by his obligations to the people who + have clothed him with his exalted trust as by his oath of office, which + he may not disregard. Nor are the obligations of the President in any + degree lessened by the prevalence of views different from his own in one + or both Houses of Congress. It is not alone hasty and inconsiderate + legislation that he is required to check; but if at any time Congress + shall, after apparently full deliberation, resolve on measures which he + deems subversive of the Constitution or of the vital interests of the + country, it is his solemn duty to stand in the breach and resist them. + The President is bound to approve or disapprove every bill which passes + Congress and is presented to him for his signature. The Constitution + makes this his duty, and he can not escape it if he would. He has no + election. In deciding upon any bill presented to him he must exercise + his own best judgment. If he can not approve, the Constitution commands + him to return the bill to the House in which it originated with his + objections, and if he fail to do this within ten days (Sundays excepted) + it shall become a law without his signature. Right or wrong, he may be + overruled by a vote of two-thirds of each House, and in that event the + bill becomes a law without his sanction. If his objections be not thus + overruled, the subject is only postponed, and is referred to the States + and the people for their consideration and decision. The President's + power is negative merely, and not affirmative. He can enact no law. The + only effect, therefore, of his withholding his approval of a bill passed + by Congress is to suffer the existing laws to remain unchanged, and the + delay occasioned is only that required to enable the States and the + people to consider and act upon the subject in the election of public + agents who will carry out their wishes and instructions. Any attempt to + coerce the President to yield his sanction to measures which he can not + approve would be a violation of the spirit of the Constitution, palpable + and flagrant, and if successful would break down the independence of the + executive department and make the President, elected by the people and + clothed by the Constitution with power to defend their rights, the mere + instrument of a majority of Congress. A surrender on his part of the + powers with which the Constitution has invested his office would effect + a practical alteration of that instrument without resorting to the + prescribed process of amendment. +</p> +<p> + With the motives or considerations which may induce Congress to pass any + bill the President can have nothing to do. He must presume them to be as + pure as his own, and look only to the practical effect of their measures + when compared with the Constitution or the public good. +</p> +<p> + But it has been urged by those who object to the exercise of this + undoubted constitutional power that it assails the representative + principle and the capacity of the people to govern themselves; that + there is greater safety in a numerous representative body than in the + single Executive created by the Constitution, and that the Executive + veto is a "one-man power," despotic in its character. To expose the + fallacy of this objection it is only necessary to consider the frame and + true character of our system. Ours is not a consolidated empire, but a + confederated union. The States before the adoption of the Constitution + were coordinate, coequal, and separate independent sovereignties, and by + its adoption they did not lose that character. They clothed the Federal + Government with certain powers and reserved all others, including their + own sovereignty, to themselves. They guarded their own rights as States + and the rights of the people by the very limitations which they + incorporated into the Federal Constitution, whereby the different + departments of the General Government were checks upon each other. That + the majority should govern is a general principle controverted by none, + but they must govern according to the Constitution, and not according to + an undefined and unrestrained discretion, whereby they may oppress the + minority. +</p> +<p> + The people of the United States are not blind to the fact that they may + be temporarily misled, and that their representatives, legislative and + executive, may be mistaken or influenced in their action by improper + motives. They have therefore interposed between themselves and the laws + which may be passed by their public agents various representations, such + as assemblies, senates, and governors in their several States, a House + of Representatives, a Senate, and a President of the United States. The + people can by their own direct agency make no law, nor can the House of + Representatives, immediately elected by them, nor can the Senate, nor + can both together without the concurrence of the President or a vote of + two-thirds of both Houses. +</p> +<p> + Happily for themselves, the people in framing our admirable system of + government were conscious of the infirmities of their representatives, + and in delegating to them the power of legislation they have fenced them + around with checks to guard against the effects of hasty action, of + error, of combination, and of possible corruption. Error, selfishness, + and faction have often sought to rend asunder this web of checks and + subject the Government to the control of fanatic and sinister + influences, but these efforts have only satisfied the people of the + wisdom of the checks which they have imposed and of the necessity of + preserving them unimpaired. +</p> +<p> + The true theory of our system is not to govern by the acts or decrees + of any one set of representatives. The Constitution interposes checks + upon all branches of the Government, in order to give time for error to + be corrected and delusion to pass away; but if the people settle down + into a firm conviction different from that of their representatives they + give effect to their opinions by changing their public servants. The + checks which the people imposed on their public servants in the adoption + of the Constitution are the best evidence of their capacity for + self-government. They know that the men whom they elect to public + stations are of like infirmities and passions with themselves, and not + to be trusted without being restricted by coordinate authorities and + constitutional limitations. Who that has witnessed the legislation of + Congress for the last thirty years will say that he knows of no instance + in which measures not demanded by the public good have been carried? Who + will deny that in the State governments, by combinations of individuals + and sections, in derogation of the general interest, banks have been + chartered, systems of internal improvements adopted, and debts entailed + upon the people repressing their growth and impairing their energies for + years to come? +</p> +<p> + After so much experience it can not be said that absolute unchecked + power is safe in the hands of any one set of representatives, or that + the capacity of the people for self-government, which is admitted in its + broadest extent, is a conclusive argument to prove the prudence, wisdom, + and integrity of their representatives. +</p> +<p> + The people, by the Constitution, have commanded the President, as + much as they have commanded the legislative branch of the Government, + to execute their will. They have said to him in the Constitution, which + they require he shall take a solemn oath to support, that if Congress + pass any bill which he can not approve "he shall return it to the House + in which it originated with his objections." In withholding from it + his approval and signature he is executing the will of the people, + constitutionally expressed, as much as the Congress that passed it. + No bill is presumed to be in accordance with the popular will until it + shall have passed through all the branches of the Government required + by the Constitution to make it a law. A bill which passes the House of + Representatives may be rejected by the Senate, and so a bill passed by + the Senate may be rejected by the House. In each case the respective + Houses exercise the veto power on the other. +</p> +<p> + Congress, and each House of Congress, hold under the Constitution a + check upon the President, and he, by the power of the qualified veto, a + check upon Congress. When the President recommends measures to Congress, + he avows in the most solemn form his opinions, gives his voice in their + favor, and pledges himself in advance to approve them if passed by + Congress. If he acts without due consideration, or has been influenced + by improper or corrupt motives, or if from any other cause Congress, + or either House of Congress, shall differ with him in opinion, they + exercise their <i>veto</i> upon his recommendations and reject them; and + there is no appeal from their decision but to the people at the ballot + box. These are proper checks upon the Executive, wisely interposed by + the Constitution. None will be found to object to them or to wish them + removed. It is equally important that the constitutional checks of the + Executive upon the legislative branch should be preserved. +</p> +<p> + If it be said that the Representatives in the popular branch of Congress + are chosen directly by the people, it is answered, the people elect the + President. If both Houses represent the States and the people, so does + the President. The President represents in the executive department the + whole people of the United States, as each member of the legislative + department represents portions of them. +</p> +<p> + The doctrine of restriction upon legislative and executive power, while + a well-settled public opinion is enabled within a reasonable time to + accomplish its ends, has made our country what it is, and has opened to + us a career of glory and happiness to which all other nations have been + strangers. +</p> +<p> + In the exercise of the power of the veto the President is responsible + not only to an enlightened public opinion, but to the people of the + whole Union, who elected him, as the representatives in the legislative + branches who differ with him in opinion are responsible to the people + of particular States or districts, who compose their respective + constituencies. To deny to the President the exercise of this power + would be to repeal that provision of the Constitution which confers it + upon him. To charge that its exercise unduly controls the legislative + will is to complain of the Constitution itself. +</p> +<p> + If the Presidential veto be objected to upon the ground that it checks + and thwarts the popular will, upon the same principle the equality of + representation of the States in the Senate should be stricken out of + the Constitution. The vote of a Senator from Delaware has equal weight + in deciding upon the most important measures with the vote of a Senator + from New York, and yet the one represents a State containing, according + to the existing apportionment of Representatives in the House of + Representatives, but one thirty-fourth part of the population of the + other. By the constitutional composition of the Senate a majority of + that body from the smaller States represent less than one-fourth of the + people of the Union. There are thirty States, and under the existing + apportionment of Representatives there are 230 Members in the House + of Representatives. Sixteen of the smaller States are represented in + that House by but 50 Members, and yet the Senators from these States + constitute a majority of the Senate. So that the President may recommend + a measure to Congress, and it may receive the sanction and approval of + more than three-fourths of the House of Representatives and of all the + Senators from the large States, containing more than three-fourths of + the whole population of the United States, and yet the measure may be + defeated by the votes of the Senators from the smaller States. None, it + is presumed, can be found ready to change the organization of the Senate + on this account, or to strike that body practically out of existence by + requiring that its action shall be conformed to the will of the more + numerous branch. +</p> +<p> + Upon the same principle that the <i>veto</i> of the President should be + practically abolished the power of the Vice-President to give the + casting vote upon an equal division of the Senate should be abolished + also. The Vice-President exercises the <i>veto</i> power as effectually by + rejecting a bill by his casting vote as the President does by refusing + to approve and sign it. This power has been exercised by the + Vice-President in a few instances, the most important of which was the + rejection of the bill to recharter the Bank of the United States in + 1811. It may happen that a bill may be passed by a large majority of the + House of Representatives, and may be supported by the Senators from the + larger States, and the Vice-President may reject it by giving his vote + with the Senators from the smaller States; and yet none, it is presumed, + are prepared to deny to him the exercise of this power under the + Constitution. +</p> +<p> + But it is, in point of fact, untrue that an act passed by Congress + is conclusive evidence that it is an emanation of the popular will. + A majority of the whole number elected to each House of Congress + constitutes a quorum, and a majority of that quorum is competent to pass + laws. It might happen that a quorum of the House of Representatives, + consisting of a single member more than half of the whole number elected + to that House, might pass a bill by a majority of a single vote, and in + that case a fraction more than one-fourth of the people of the United + States would be represented by those who voted for it. It might happen + that the same bill might be passed by a majority of one of a quorum of + the Senate, composed of Senators from the fifteen smaller States and a + single Senator from a sixteenth State; and if the Senators voting for it + happened to be from the eight of the smallest of these States, it would + be passed by the votes of Senators from States having but fourteen + Representatives in the House of Representatives, and containing less + than one-sixteenth of the whole population of the United States. This + extreme case is stated to illustrate the fact that the mere passage of + a bill by Congress is no conclusive evidence that those who passed it + represent the majority of the people of the United States or truly + reflect their will. If such an extreme case is not likely to happen, + cases that approximate it are of constant occurrence. It is believed + that not a single law has been passed since the adoption of the + Constitution upon which all the members elected to both Houses have been + present and voted. Many of the most important acts which have passed + Congress have been carried by a close vote in thin Houses. Many + instances of this might be given. Indeed, our experience proves that + many of the most important acts of Congress are postponed to the last + days, and often the last hours, of a session, when they are disposed of + in haste, and by Houses but little exceeding the number necessary to + form a quorum. +</p> +<p> + Besides, in most of the States the members of the House of + Representatives are chosen by pluralities, and not by majorities of all + the voters in their respective districts, and it may happen that a + majority of that House may be returned by a less aggregate vote of the + people than that received by the minority. +</p> +<p> + If the principle insisted on be sound, then the Constitution should be + so changed that no bill shall become a law unless it is voted for by + members representing in each House a majority of the whole people of the + United States. We must remodel our whole system, strike down and abolish + not only the salutary checks lodged in the executive branch, But must + strike out and abolish those lodged in the Senate also, and thus + practically invest the whole power of the Government in a majority of + a single assembly—a majority uncontrolled and absolute, and which may + become despotic. To conform to this doctrine of the right of majorities + to rule, independent of the checks and limitations of the Constitution, + we must revolutionize our whole system; we must destroy the + constitutional compact by which the several States agreed to form a + Federal Union and rush into consolidation, which must end in monarchy or + despotism. No one advocates such a proposition, and yet the doctrine + maintained, if carried out, must lead to this result. +</p> +<p> + One great object of the Constitution in conferring upon the President + a qualified negative upon the legislation of Congress was to protect + minorities from injustice and oppression by majorities. The equality of + their representation in the Senate and the veto power of the President + are the constitutional guaranties which the smaller States have that + their rights will be respected. Without these guaranties all their + interests would be at the mercy of majorities in Congress representing + the larger States. To the smaller and weaker States, therefore, the + preservation of this power and its exercise upon proper occasions + demanding it is of vital importance. They ratified the Constitution and + entered into the Union, securing to themselves an equal representation + with the larger States in the Senate; and they agreed to be bound by all + laws passed by Congress upon the express condition, and none other, that + they should be approved by the President or passed, his objections to + the contrary notwithstanding, by a vote of two-thirds of both Houses. + Upon this condition they have a right to insist as a part of the compact + to which they gave their assent. +</p> +<p> + A bill might be passed by Congress against the will of the whole people + of a particular State and against the votes of its Senators and all its + Representatives. However prejudicial it might be to the interests of + such State, it would be bound by it if the President shall approve it or + it shall be passed by a vote of two-thirds of both Houses; but it has + a right to demand that the President shall exercise his constitutional + power and arrest it if his judgment is against it. If he surrender this + power, or fail to exercise it in a case where he can not approve, it + would make his formal approval a mere mockery, and would be itself a + violation of the Constitution, and the dissenting State would become + bound by a law which had not been passed according to the sanctions of + the Constitution. +</p> +<p> + The objection to the exercise of the <i>veto</i> power is founded upon an + idea respecting the popular will, which, if carried out, would + annihilate State sovereignty and substitute for the present Federal + Government a consolidation directed by a supposed numerical majority. + A revolution of the Government would be silently effected and the + States would be subjected to laws to which they had never given their + constitutional consent. +</p> +<p> + The Supreme Court of the United States is invested with the power to + declare, and has declared, acts of Congress passed with the concurrence + of the Senate, the House of Representatives, and the approval of the + President to be unconstitutional and void, and yet none, it is presumed, + can be found who will be disposed to strip this highest judicial + tribunal under the Constitution of this acknowledged power—a power + necessary alike to its independence and the rights of individuals. +</p> +<p> + For the same reason that the Executive veto should, according to the + doctrine maintained, be rendered nugatory, and be practically expunged + from the Constitution, this power of the court should also be rendered + nugatory and be expunged, because it restrains the legislative and + Executive will, and because the exercise of such a power by the court + may be regarded as being in conflict with the capacity of the people to + govern themselves. Indeed, there is more reason for striking this power + of the court from the Constitution than there is that of the qualified + veto of the President, because the decision of the court is final, and + can never be reversed even though both Houses of Congress and the + President should be unanimous in opposition to it, whereas the veto of + the President may be overruled by a vote of two-thirds of both Houses + of Congress or by the people at the polls. +</p> +<p> + It is obvious that to preserve the system established by the + Constitution each of the coordinate branches of the Government—the + executive, legislative, and judicial—must be left in the exercise of + its appropriate powers. If the executive or the judicial branch be + deprived of powers conferred upon either as checks on the legislative, + the preponderance of the latter will become disproportionate and + absorbing and the others impotent for the accomplishment of the great + objects for which they were established. Organized, as they are, by the + Constitution, they work together harmoniously for the public good. If + the Executive and the judiciary shall be deprived of the constitutional + powers invested in them, and of their due proportions, the equilibrium + of the system must be destroyed, and consolidation, with the most + pernicious results, must ensue—a consolidation of unchecked, despotic + power, exercised by majorities of the legislative branch. +</p> +<p> + The executive, legislative, and judicial each constitutes a separate + coordinate department of the Government, and each is independent of + the others. In the performance of their respective duties under the + Constitution neither can in its legitimate action control the others. + They each act upon their several responsibilities in their respective + spheres. But if the doctrines now maintained be correct, the executive + must become practically subordinate to the legislative, and the + judiciary must become subordinate to both the legislative and the + executive; and thus the whole power of the Government would be merged in + a single department. Whenever, if ever, this shall occur, our glorious + system of well-regulated self-government will crumble into ruins, to be + succeeded, first by anarchy, and finally by monarchy or despotism. I am + far from believing that this doctrine is the sentiment of the American + people; and during the short period which remains in which it will + be my duty to administer the executive department it will be my aim to + maintain its independence and discharge its duties without infringing + upon the powers or duties of either of the other departments of the + Government. +</p> +<p> + The power of the Executive veto was exercised by the first and most + illustrious of my predecessors and by four of his successors who + preceded me in the administration of the Government, and it is believed + in no instance prejudicially to the public interests. It has never been + and there is but little danger that it ever can be abused. No President + will ever desire unnecessarily to place his opinion in opposition to + that of Congress. He must always exercise the power reluctantly, and + only in cases where his convictions make it a matter of stern duty, + which he can not escape. Indeed, there is more danger that the + President, from the repugnance he must always feel to come in collision + with Congress, may fail to exercise it in cases where the preservation + of the Constitution from infraction, or the public good, may demand it + than that he will ever exercise it unnecessarily or wantonly. +</p> +<p> + During the period I have administered the executive department of + the Government great and important questions of public policy, foreign + and domestic, have arisen, upon which it was my duty to act. It may, + indeed, be truly said that my Administration has fallen upon eventful + times. I have felt most sensibly the weight of the high responsibilities + devolved upon me. With no other object than the public good, the + enduring fame, and permanent prosperity of my country, I have pursued + the convictions of my own best judgment. The impartial arbitrament of + enlightened public opinion, present and future, will determine how far + the public policy I have maintained and the measures I have from time + to time recommended may have tended to advance or retard the public + prosperity at home and to elevate or depress the estimate of our + national character abroad. +</p> +<p> + Invoking the blessings of the Almighty upon your deliberations at your + present important session, my ardent hope is that in a spirit of harmony + and concord you may be guided to wise results, and such as may redound + to the happiness, the honor, and the glory of our beloved country. +</p> +<p class="r"> + JAMES K. POLK. +</p> + +<a name="2H_4_0019"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 12, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I nominate Second Lieutenant Ulysses S. Grant (since promoted first + lieutenant), of the Fourth Regiment of Infantry, to be first lieutenant + by brevet for gallant and meritorious services in the battle of + Chapultepec, September 13, 1847, as proposed in the accompanying + communication from the Secretary of War. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WAR DEPARTMENT, <i>December</i> 11, <i>1848</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: The brevet of captain conferred on Second Lieutenant Ulysses S. + Grant (since promoted first lieutenant), of the Fourth Regiment of + Infantry, and confirmed by the Senate on the 13th of July, 1848, "for + gallant and meritorious conduct in the battle of Chapultepec, September + 13, 1847," being the result of a misapprehension as to the grade held by + that officer on the 13th of September, 1847 (he being then a second + lieutenant), I have to propose that the brevet of captain be canceled + and that the brevet of first lieutenant "for gallant and meritorious + services in the battle of Chapultepec, September 13, 1847," be conferred + in lieu thereof. +</p> +<p> + I am, sir, with great respect, your obedient servant, +</p> +<p class="r"> + W.L. MARCY. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 12, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration and advice of the Senate with + regard to its ratification, a treaty concluded on the 6th of August, + 1848, by L.E. Powell, on the part of the United States, and the chiefs + and headmen of the confederated bands of the Pawnee Indians, together + with a report of the Commissioner of Indian Affairs and other papers + explanatory of the same. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 12, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration and advice of the Senate with + regard to its ratification, a treaty concluded on the 18th of October, + 1848, by William Medill, Commissioner of Indian Affairs, on the part of + the United States, and the chiefs and headmen of the Menomonee Indians, + together with a report of the Commissioner of Indian Affairs and other + papers explanatory of the same. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 27, 1848</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of the 11th instant, + requesting the President to inform that body "whether he has received + any information that American citizens have been imprisoned or arrested + by British authorities in Ireland, and, if so, what have been the causes + thereof and what steps have been taken for their release, and if not, in + his opinion, inconsistent with public interest to furnish this House + with copies of all correspondence in relation thereto," I communicate + herewith a report of the Secretary of State, together with the + accompanying correspondence upon the subject. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>December 27, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith, in compliance with the request contained in the + resolution of the Senate of the 19th instant, a report of the Secretary + of the Treasury, with the accompanying statement, prepared by the + Register of the Treasury, which exhibits the annual amount appropriated + on account of the Coast Survey from the commencement of said Survey. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 2, 1849</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 18th + of December, 1848, requesting information "under what law or provision + of the Constitution, or by what other authority," the Secretary of the + Treasury, with the "sanction and approval" of the President, established + "a tariff of duties in the ports of the Mexican Republic during the war + with Mexico," and "by what legal, constitutional, or other authority" + the "revenue thus derived" was appropriated to "the support of the Army + in Mexico," I refer the House to my annual message of the 7th of + December, 1847, to my message to the Senate of the 10th of February, + 1848, responding to a call of that body, a copy of which is herewith + communicated, and to my message to the House of Representatives of the + 24th of July, 1848, responding to a call of that House. The resolution + assumes that the Secretary of the Treasury "established a tariff of + duties in the ports of the Mexican Republic." The contributions + collected in this mode were not established by the Secretary of the + Treasury, but by a military order issued by the President through the + War and Navy Departments. For his information the President directed the + Secretary of the Treasury to prepare and report to him a scale of + duties. That report was made, and the President's military order of the + 31st of March, 1847, was based upon it. The documents communicated to + Congress with my annual message of December, 1847, show the true + character of that order. +</p> +<p> + The authority under which military contributions were exacted and + collected from the enemy and applied to the support of our Army during + the war with Mexico was stated in the several messages referred to. In + the first of these messages I informed Congress that— +</p> +<p class="q"> + On the 31st of March last I caused an order to be issued to our military + and naval commanders to levy and collect a military contribution upon + all vessels and merchandise which might enter any of the ports of Mexico + in our military occupation, and to apply such contributions toward + defraying the expenses of the war. By virtue of the right of conquest + and the laws of war, the conqueror, consulting his own safety or + convenience, may either exclude foreign commerce altogether from all + such ports or permit it upon such terms and conditions as he may + prescribe. Before the principal ports of Mexico were blockaded by our + Navy the revenue derived from import duties under the laws of Mexico was + paid into the Mexican treasury. After these ports had fallen into our + military possession the blockade was raised and commerce with them + permitted upon prescribed terms and conditions. They were opened to the + trade of all nations upon the payment of duties more moderate in their + amount than those which had been previously levied by Mexico, and the + revenue, which was formerly paid into the Mexican treasury, was directed + to be collected by our military and naval officers and applied to the + use of our Army and Navy. Care was taken that the officers, soldiers, + and sailors of our Army and Navy should be exempted from the operations + of the order, and, as the merchandise imported upon which the order + operated must be consumed by Mexican citizens, the contributions exacted + were in effect the seizure of the public revenues of Mexico and the + application of them to our own use. In directing this measure the object + was to compel the enemy to contribute as far as practicable toward the + expenses of the war. +</p> +<p> + It was also stated in that message that— +</p> +<p class="q"> + Measures have recently been adopted by which the internal as well as the + external revenues of Mexico in all places in our military occupation + will be seized and appropriated to the use of our Army and Navy. +</p><p class="q"> + The policy of levying upon the enemy contributions in every form + consistently with the laws of nations, which it may be practicable for + our military commanders to adopt, should, in my judgment, be rigidly + enforced, and orders to this effect have accordingly been given. By such + a policy, at the same time that our own Treasury will be relieved from a + heavy drain, the Mexican people will be made to feel the burdens of the + war, and, consulting their own interests, may be induced the more + readily to requite their rulers to accede to a just peace. +</p> +<p> + In the same message I informed Congress that the amount of the "loan" + which would be required for the further prosecution of the war might be + "reduced by whatever amount of expenditures can be saved by military + contributions collected in Mexico," and that "the most rigorous measures + for the augmentation of these contributions have been directed, and a + very considerable sum is expected from that source." The Secretary of + the Treasury, in his annual report of that year, in making his estimate + of the amount of loan which would probably be required, reduced the sum + in consideration of the amount which would probably be derived from + these contributions, and Congress authorized the loan upon this reduced + estimate. +</p> +<p> + In the message of the 10th of February, 1848, to the Senate, it was + stated that— +</p> +<p class="q"> + No principle is better established than that a nation at war has the + right of shifting the burden off itself and imposing it on the enemy by + exacting military contributions. The mode of making such exactions must + be left to the discretion of the conqueror, but it should be exercised + in a manner conformable to the rules of civilized warfare. +</p><p class="q"> + The right to levy these contributions is essential to the successful + prosecution of war in an enemy's country, and the practice of nations + has been in accordance with this principle. It is as clearly necessary + as the right to fight battles, and its exercise is often essential to + the subsistence of the army. +</p><p class="q"> + Entertaining no doubt that the military right to exclude commerce + altogether from the ports of the enemy in our military occupation + included the minor right of admitting it under prescribed conditions, it + became an important question at the date of the order whether there + should be a discrimination between vessels and cargoes belonging to + citizens of the United States and vessels and cargoes belonging to + neutral nations. +</p> +<p> + In the message to the House of Representatives of the 24th of July, + 1848, it was stated that— +</p> +<p class="q"> + It is from the same source of authority that we derive the unquestioned + right, after the war has been declared by Congress, to blockade the + ports and coasts of the enemy, to capture his towns, cities, and + provinces, and to levy contributions upon him for the support of our + Army. Of the same character with these is the right to subject to our + temporary military government the conquered territories of our enemy. + They are all belligerent rights, and their exercise is as essential to + the successful prosecution of a foreign war as the right to fight + battles. +</p> +<p> + By the Constitution the power to "declare war" is vested in Congress, + and by the same instrument it is provided that "the President shall be + Commander in Chief of the Army and Navy of the United States" and that + "he shall take care that the laws be faithfully executed." +</p> +<p> + When Congress have exerted their power by declaring war against a + foreign nation, it is the duty of the President to prosecute it. The + Constitution has prescribed no particular mode in which he shall perform + this duty. The manner of conducting the war is not defined by the + Constitution. The term <i>war</i> used in that instrument has a + well-understood meaning among nations. That meaning is derived from the + laws of nations, a code which is recognized by all civilized powers as + being obligatory in a state of war. The power is derived from the + Constitution and the manner of exercising it is regulated by the laws of + nations. When Congress have declared war, they in effect make it the + duty of the President in prosecuting it, by land and sea, to resort to + all the modes and to exercise all the powers and rights which other + nations at war possess. He is invested with the same power in this + respect as if he were personally present commanding our fleets by sea or + our armies by land. He may conduct the war by issuing orders for + fighting battles, besieging and capturing cities, conquering and holding + the provinces of the enemy, or by capturing his vessels and other + property on the high seas. But these are not the only modes of + prosecuting war which are recognized by the laws of nations and to which + he is authorized to resort. The levy of contributions on the enemy is a + right of war well established and universally acknowledged among + nations, and one which every belligerent possessing the ability may + properly exercise. The most approved writers on public law admit and + vindicate this right as consonant with reason, justice, and humanity. +</p> +<p> + No principle is better established than that— +</p> +<p class="q"> + We have a right to deprive our enemy of his possessions, of everything + which may augment his strength and enable him to make war. This everyone + endeavors to accomplish in the manner most suitable to him. Whenever we + have an opportunity we seize on the enemy's property and convert it to + our own use, and thus, besides diminishing the enemy's power, we augment + our own and obtain at least a partial indemnification or equivalent, + either for what constitutes the subject of the war or for the expenses + and losses incurred in its prosecution. In a word, we do ourselves + justice. +</p><p class="q"> + "Instead of the custom of pillaging the open country and defenseless + places," the levy of contributions has been "substituted." +</p><p class="q"> + Whoever carries on a just war has a right to make the enemy's country + contribute to the support of his army and toward defraying all the + charges of the war. Thus he obtains a part of what is due to him, and + the enemy's subjects, by consenting to pay the sum demanded, have their + property secured from pillage and the country is preserved. +</p> +<p> + These principles, it is believed, are uncontroverted by any civilized + nation in modern times. The public law of nations, by which they are + recognized, has been held by our highest judicial tribunal as a code + which is applicable to our "situation" in a state of war and binding on + the United States, while in admiralty and maritime cases it is often the + governing rule. It is in a just war that a nation has the "right to make + the enemy's country contribute to the support of his army." Not doubting + that our late war with Mexico was just on the part of the United States, + I did not hesitate when charged by the Constitution with its prosecution + to exercise a power common to all other nations, and Congress was duly + informed of the mode and extent to which that power had been and would + be exercised at the commencement of their first session thereafter. +</p> +<p> + Upon the declaration of war against Mexico by Congress the United States + were entitled to all the rights which any other nation at war would have + possessed. These rights could only be demanded and enforced by the + President, whose duty it was, as "Commander in Chief of the Army and + Navy of the United States," to execute the law of Congress which + declared the war. In the act declaring war Congress provided for raising + men and money to enable the President "to prosecute it to a speedy and + successful termination." Congress prescribed no mode of conducting it, + but left the President to prosecute it according to the laws of nations + as his guide. Indeed, it would have been impracticable for Congress to + have provided for all the details of a campaign. +</p> +<p> + The mode of levying contributions must necessarily be left to the + discretion of the conqueror, subject to be exercised, however, in + conformity with the laws of nations. It may be exercised by requiring + a given sum or a given amount of provisions to be furnished by the + authorities of a captured city or province; it may be exercised by + imposing an internal tax or a tax on the enemy's commerce, whereby he + may be deprived of his revenues, and these may be appropriated to the + use of the conqueror. The latter mode was adopted by the collection of + duties in the ports of Mexico in our military occupation during the late + war with that Republic. +</p> +<p> + So well established is the military right to do this under the laws of + nations that our military and naval officers commanding our forces on + the theater of war adopted the same mode of levying contributions from + the enemy before the order of the President of the 31st of March, 1847, + was issued. The general in command of the Army at Vera Cruz, upon his + own view of his powers and duties, and without specific instructions to + that effect, immediately after the capture of that city adopted this + mode. By his order of the 28th of March, 1847, heretofore communicated + to the House of Representatives, he directed a "temporary and moderate + tariff of duties to be established." Such a tariff was established, and + contributions were collected under it and applied to the uses of our + Army. At a still earlier period the same power was exercised by the + naval officers in command of our squadron on the Pacific coast. ... + Not doubting the authority to resort to this mode, the order of the 31st + of March, 1847, was issued, and was in effect but a modification of the + previous orders of these officers, by making the rates of contribution + uniform and directing their collection in all the ports of the enemy in + our military occupation and under our temporary military government. +</p> +<p> + The right to levy contributions upon the enemy in the form of import and + export duties in his ports was sanctioned by the treaty of peace with + Mexico. By that treaty both Governments recognized ... and confirmed + the exercise of that right. By its provisions "the customhouses at all + the ports occupied by the forces of the United States" were, upon the + exchange of ratifications, to be delivered up to the Mexican + authorities, "together with all bonds and evidences of debt for duties + on importations and exportations <i>not yet fallen due</i>;" and "all duties + on imports and on exports collected at such custom-houses or elsewhere + in Mexico by authority of the United States" before the ratification of + the treaty by the Mexican Government were to be retained by the United + States, and only the net amount of the duties collected after this + period was to be "delivered to the Mexican Government." By its + provisions also all merchandise "imported previously to the restoration + of the custom-houses to the Mexican authorities" or "exported from any + Mexican port whilst in the occupation of the forces of the United + States" was protected from confiscation and from the payment of any + import or export duties to the Mexican Government, even although the + importation of such merchandise "be prohibited by the Mexican tariff." + The treaty also provides that should the custom-houses be surrendered to + the Mexican authorities in less than sixty days from the date of its + signature, the rates of duty on merchandise imposed by the United States + were in that event to survive the war until the end of this period; and + in the meantime Mexican custom-house officers were bound to levy no + other duties thereon "than the duties established by the tariff found in + force at such custom-houses at the time of the restoration of the same." + The "tariff found in force at such custom-houses," which is recognized + and sustained by this stipulation, was that established by the military + order of the 31st of March, 1847, as a mode of levying and collecting + military contributions from the enemy. +</p> +<p> + The right to blockade the ports and coasts of the enemy in war is no + more provided for or prescribed by the Constitution than the right + to levy and collect contributions from him in the form of duties or + otherwise, and yet it has not been questioned that the President had the + power after war had been declared by Congress to order our Navy to + blockade the ports and coasts of Mexico. The right in both cases exists + under the laws of nations. If the President can not order military + contributions to be collected without an act of Congress, for the same + reason he can not order a blockade; nor can he direct the enemy's + vessels to be captured on the high seas; nor can he order our military + and naval officers to invade the enemy's country, conquer, hold, and + subject to our military government his cities and provinces; nor can he + give to our military and naval commanders orders to perform many other + acts essential to success in war. +</p> +<p> + If when the City of Mexico was captured the commander of our forces had + found in the Mexican treasury public money which the enemy had provided + to support his army, can it be doubted that he possessed the right to + seize and appropriate it for the use of our own Army? If the money + captured from the enemy could have been thus lawfully seized and + appropriated, it would have been by virtue of the laws of war, + recognized by all civilized nations; and by the same authority the + sources of revenue and of supply of the enemy may be cut off from him, + whereby he may be weakened and crippled in his means of continuing or + waging the war. If the commanders of our forces, while acting under the + orders of the President, in the heart of the enemy's country and + surrounded by a hostile population, possess none of these essential and + indispensable powers of war, but must halt the Army at every step of its + progress and wait for an act of Congress to be passed to authorize them + to do that which every other nation has the right to do by virtue of the + laws of nations, then, indeed, is the Government of the United States in + a condition of imbecility and weakness, which must in all future time + render it impossible to prosecute a foreign war in an enemy's country + successfully or to vindicate the national rights and the national honor + by war. +</p> +<p> + The contributions levied were collected in the enemy's country, and were + ordered to be "applied" in the enemy's country "toward defraying the + expenses of the war," and the appropriations made by Congress for that + purpose were thus relieved, and considerable balances remained undrawn + from the Treasury. The amount of contributions remaining unexpended at + the close of the war, as far as the accounts of collecting and + disbursing officers have been settled, have been paid into the Treasury + in pursuance of an order for that purpose, except the sum "applied + toward the payment of the first installment due under the treaty with + Mexico," as stated in my last annual message, for which an appropriation + had been made by Congress. The accounts of some of these officers, as + stated in the report of the Secretary of War accompanying that message, + will require legislation before they can be finally settled. +</p> +<p> + In the late war with Mexico it is confidently believed that the levy of + contributions and the seizure of the sources of public revenue upon + which the enemy relied to enable him to continue the war essentially + contributed to hasten peace. By those means the Government and people of + Mexico were made to feel the pressure of the war and to realize that if + it were protracted its burdens and inconveniences must be borne by + themselves. Notwithstanding the great success of our arms, it may well + be doubted whether an honorable peace would yet have been obtained but + for the very contributions which were exacted. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 4, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for their consideration and advice with regard + to its ratification, a convention between the United States of America + and the Government of Her Britannic Majesty, for the improvement of the + communication by post between their respective territories, concluded + and signed at London on the 15th December last, together with an + explanatory dispatch from our minister at that Court. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 29, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of State, with the + accompanying documents, in answer to a resolution of the Senate of the + 21st December, 1848, requesting the President "to communicate to the + Senate (if, in his opinion, not incompatible with the public service) a + copy of the dispatches transmitted to the Secretary of State in August + last by the resident minister at Rio de Janeiro in reference to the + service and general conduct of Commodore G.W. Storer, commander in chief + of the United States naval forces on the coast of Brazil." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>January 29, 1849</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith reports from the Secretary of War and the + Secretary of the Navy, together with the accompanying documents, in + answer to a resolution of the House of Representatives of December 20, + 1848, requesting the President "to communicate to the House the amount + of moneys and property received during the late war with the Republic of + Mexico at the different ports of entry, or in any other way within her + limits, and in what manner the same has been expended or appropriated." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 1, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith reports from the Secretary of State, the + Secretary of the Treasury, the Secretary of War, and the Secretary of + the Navy, together with the accompanying documents, in answer to a + resolution of the Senate of the 15th January, 1849, "that the petition + and papers of John B. Emerson be referred to the President of the United + States, and that he be requested to cause a report thereon to be made to + the Senate, wherein the public officer making such report shall state + in what cases, if any, the United States have used or employed the + invention of said Emerson contrary to law, and, further, whether any + compensation therefor is justly due to said Emerson, and, if so, to what + amount in each case." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 5, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration and advice of the Senate with + regard to its ratification, a treaty concluded on the 24th day of + November, 1848, by Morgan L. Martin and Albert G. Ellis, commissioners + on the part of the United States, and the sachem, councilors, and + headmen of the Stockbridge tribe of Indians, together with a report of + the Commissioner of Indian Affairs and other papers explanatory of the + same. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 8, 1849</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In reply to the resolutions of the House of Representatives of the 5th + instant, I communicate herewith a report from the Secretary of State, + accompanied with all the documents and correspondence relating to the + treaty of peace concluded between the United States and Mexico at + Guadalupe Hidalgo on the 2d February, 1848, and to the amendments of the + Senate thereto, as requested by the House in the said resolutions. +</p> +<p> + Amongst the documents transmitted will be found a copy of the + instructions given to the commissioners of the United States who took to + Mexico the treaty as amended by the Senate and ratified by the President + of the United States. In my message to the House of Representatives of + the 29th of July, 1848, I gave as my reason for declining to furnish + these instructions in compliance with a resolution of the House that "in + my opinion it would be inconsistent with the public interests to give + publicity to them at the present time." Although it may still be doubted + whether giving them publicity in our own country, and, as a necessary + consequence, in Mexico, may not have a prejudicial influence on our + public interests, yet, as they have been again called for by the House, + and called for in connection with other documents, to the correct + understanding of which they are indispensable, I have deemed it my duty + to transmit them. +</p> +<p> + I still entertain the opinion expressed in the message referred to, + that— +</p> +<p class="q"> + As a general rule applicable to all our important negotiations with + foreign powers, it could not fail to be prejudicial to the public + interests to publish the instructions to our ministers until some time + had elapsed after the conclusion of such negotiations. +</p> +<p> + In these instructions of the 18th of March, 1848, it will be perceived + that— +</p> +<p class="q"> + The task was assigned to the commissioners of the United States of + consummating the treaty of peace, which was signed at Guadalupe Hidalgo + on the 2d day of February last, between the United States and the + Mexican Republic, and which on the 10th of March last was ratified by + the Senate with amendments. +</p> +<p> + They were informed that— +</p> +<p class="q"> + This brief statement will indicate to you clearly the line of your duty. + You are not sent to Mexico for the purpose of negotiating any new + treaty, or of changing in any particular the ratified treaty which you + will bear with you. None of the amendments adopted by the Senate can be + rejected or modified except by the authority of that body. Your whole + duty will, then, consist in using every honorable effort to obtain from + the Mexican Government a ratification of the treaty in the form in which + it has been ratified by the Senate, and this with the least practicable + delay. ... For this purpose it may, and most probably will, become + necessary that you should explain to the Mexican minister for foreign + affairs, or to the authorized agents of the Mexican Government, the + reasons which have influenced the Senate in adopting these several + amendments to the treaty. This duty you will perform as much as possible + by personal conferences. Diplomatic notes are to be avoided unless in + case of necessity. These might lead to endless discussions and + indefinite delay. Besides, they could not have any practical result, as + your mission is confined to procuring a ratification from the Mexican + Government of the treaty as it came from the Senate, and does not extend + to the slightest modification in any of its provisions. +</p> +<p> + The commissioners were sent to Mexico to procure the ratification of + the treaty <i>as amended by the Senate</i>. Their instructions confined them + to this point. It was proper that the amendments to the treaty adopted + by the United States should be explained to the Mexican Government, and + explanations were made by the Secretary of State in his letter of the + 18th of March, 1848, to the Mexican minister for foreign affairs, + under my direction. This dispatch was communicated to Congress with my + message of the 6th of July last, communicating the treaty of peace, + and published by their order. This dispatch was transmitted by our + commissioners from the City of Mexico to the Mexican Government, then at + Queretaro, on the 17th of April, 1848, and its receipt acknowledged on + the 19th of the same month. During the whole time that the treaty, as + amended, was before the Congress of Mexico these explanations of the + Secretary of State, and these alone, were before them. +</p> +<p> + The President of Mexico, on these explanations, on the 8th day of May, + 1848, submitted the amended treaty to the Mexican Congress, and on the + 25th of May that Congress approved the treaty as amended, without + modification or alteration. The final action of the Mexican Congress + had taken place before the commissioners of the United States had been + officially received by the Mexican authorities, or held any conference + with them, or had any other communication on the subject of the treaty + except to transmit the letter of the Secretary of State. +</p> +<p> + In their dispatch transmitted to Congress with my message of the 6th of + July last, communicating the treaty of peace, dated "City of Queretaro, + May 25, 1848, 9 o'clock p.m.," the commissioners say: +</p> +<p class="q"> + We have the satisfaction to inform you that we reached this city this + afternoon at about 5 o'clock, and that the treaty, as amended by the + Senate of the United States, passed the Mexican Senate about the hour of + our arrival by a vote of 33 to 5. It having previously passed the House + of Deputies, nothing now remains but to exchange the ratifications of + the treaty. +</p> +<p> + On the next day (the 26th of May) the commissioners were for the first + time presented to the President of the Republic and their credentials + placed in his hands. On this occasion the commissioners delivered an + address to the President of Mexico, and he replied. In their dispatch of + the 30th of May the commissioners say: +</p> +<p class="q"> + We inclose a copy of our address to the President, and also a copy of + his reply. Several conferences afterwards took place between Messrs. + Rosa, Cuevas, Conto, and ourselves, which it is not thought necessary to + recapitulate, as we inclose a copy of the protocol, which contains the + substance of the conversations. We have now the satisfaction to announce + that the exchange of ratifications was effected to-day. +</p> +<p> + This dispatch was communicated with my message of the 6th of July last, + and published by order of Congress. +</p> +<p> + The treaty, as amended by the Senate of the United States, with the + accompanying papers and the evidence that in that form it had been + ratified by Mexico, was received at Washington on the 4th day of July, + 1848, and immediately proclaimed as the supreme law of the land. On the + 6th of July I communicated to Congress the ratified treaty, with such + accompanying documents as were deemed material to a full understanding + of the subject, to the end that Congress might adopt the legislation + necessary and proper to carry the treaty into effect. Neither the + address of the commissioners, nor the reply of the President of + Mexico on the occasion of their presentation, nor the memorandum of + conversations embraced in the paper called a protocol, nor the + correspondence now sent, were communicated, because they were not + regarded as in any way material; and in this I conformed to the + practice of our Government. It rarely, if ever, happens that all the + correspondence, and especially the instructions to our ministers, is + communicated. Copies of these papers are now transmitted, as being + within the resolutions of the House calling for all such "correspondence + as appertains to said treaty." +</p> +<p> + When these papers were received at Washington, peace had been restored, + the first installment of three millions paid to Mexico, the blockades + were raised, the City of Mexico evacuated, and our troops on their + return home. The war was at an end, and the treaty, as ratified by the + United States, was binding on both parties, and already executed in a + great degree. In this condition of things it was not competent for the + President alone, or for the President and Senate, or for the President, + Senate, and House of Representatives combined, to abrogate the treaty, + to annul the peace and restore a state of war, except by a solemn + declaration of war. +</p> +<p> + Had the protocol varied the treaty as amended by the Senate of the + United States, it would have had no binding effect. +</p> +<p> + It was obvious that the commissioners of the United States did not + regard the protocol as in any degree a part of the treaty, nor as + modifying or altering the treaty as amended by the Senate. They + communicated it as the substance of conversations held after the Mexican + Congress had ratified the treaty, and they knew that the approval of the + Mexican Congress was as essential to the validity of a treaty in all its + parts as the advice and consent of the Senate of the United States. They + knew, too, that they had no authority to alter or modify the treaty in + the form in which it had been ratified by the United States, but that, + if failing to procure the ratification of the Mexican Government + otherwise than with amendments, their duty, imposed by express + instructions, was to ask of Mexico to send without delay a commissioner + to Washington to exchange ratifications here if the amendments of the + treaty proposed by Mexico, on being submitted, should be adopted by the + Senate of the United States. +</p> +<p> + I was equally well satisfied that the Government of Mexico had agreed to + the treaty as amended by the Senate of the United States, and did not + regard the protocol as modifying, enlarging, or diminishing its terms or + effect. The President of that Republic, in submitting the amended treaty + to the Mexican Congress, in his message on the 8th day of May, 1848, + said: +</p> +<p class="q"> + If the treaty could have been submitted to your deliberation precisely + as it came from the hands of the plenipotentiaries, my satisfaction at + seeing the war at last brought to an end would not have been lessened as + it this day is in consequence of the modifications introduced into it by + the Senate of the United States, and which have received the sanction of + the President. ... At present it is sufficient for us to say to you + that if in the opinion of the Government justice had not been evinced + on the part of the Senate and Government of the United States in + introducing such modifications, it is presumed, on the other hand, that + they are not of such importance that they should set aside the treaty. + I believe, on the contrary, that it ought to be ratified upon the same + terms in which it has already received the sanction of the American + Government. My opinion is also greatly strengthened by the fact that a + new negotiation is neither expected nor considered, possible. Much less + could another be brought forward upon a basis more favorable for the + Republic. +</p> +<p> + The deliberations of the Mexican Congress, with no explanation before + that body from the United States except the letter of the Secretary of + State, resulted in the ratification of the treaty, as recommended by the + President of that Republic, in the form in which it had been amended and + ratified by the United States. The conversations embodied in the paper + called a protocol took place after the action of the Mexican Congress + was complete, and there is no reason to suppose that the Government of + Mexico ever submitted the protocol to the Congress, or ever treated or + regarded it as in any sense a new negotiation, or as operating any + modification or change of the amended treaty. If such had been its + effect, it was a nullity until approved by the Mexican Congress; and + such approval was never made or intimated to the United States. In the + final consummation of the ratification of the treaty by the President of + Mexico no reference is made to it. On the contrary, this ratification, + which was delivered to the commissioners of the United States, and is + now in the State Department, contains a full and explicit recognition of + the amendments of the Senate just as they had been communicated to that + Government by the Secretary of State and been afterwards approved by the + Mexican Congress. It declares that— +</p> +<p class="q"> + Having seen and examined the said treaty and the modifications made by + the Senate of the United States of America, and having given an account + thereof to the General Congress, conformably to the requirement in the + fourteenth paragraph of the one hundred and tenth article of the federal + constitution of these United States, that body has thought proper to + approve of the said treaty, with the modifications thereto, in all their + parts; and in consequence thereof, exerting the power granted to me by + the constitution, I accept, ratify, and confirm the said treaty with its + modifications, and promise, in the name of the Mexican Republic, to + fulfill and observe it, and to cause it to be fulfilled and observed. +</p> +<p> + Upon an examination of this protocol, when it was received with the + ratified treaty, I did not regard it as material or as in any way + attempting to modify or change the treaty as it had been amended by the + Senate of the United States. +</p> +<p> + The first explanation which it contains is: +</p> +<p class="q"> + That the American Government, by suppressing the ninth article of the + treaty of Guadalupe and substituting the third article of the treaty of + Louisiana, did not intend to diminish in any way what was agreed upon + by the aforesaid article (ninth) in favor of the inhabitants of the + territories ceded by Mexico. Its understanding is that all of that + agreement is contained in the third article of the treaty of Louisiana. + In consequence, all the privileges and guaranties—civil, political, + and religious—which would have been possessed by the inhabitants of + the ceded territories if the ninth article of the treaty had been + retained will be enjoyed by them without any difference under the + article which has been substituted. +</p> +<p> + The ninth article of the original treaty stipulated for the + incorporation of the Mexican inhabitants of the ceded territories and + their admission into the Union "as soon as possible, according to the + principles of the Federal Constitution, to the enjoyment of all the + rights of citizens of the United States." It provided also that in the + meantime they should be maintained in the enjoyment of their liberty, + their property, and their civil rights now vested in them according to + the Mexican laws. It secured to them similar political rights with the + inhabitants of the other Territories of the United States, and at least + equal to the inhabitants of Louisiana and Florida when they were in a + Territorial condition. It then proceeded to guarantee that ecclesiastics + and religious corporations should be protected in the discharge of the + offices of their ministry and the enjoyment of their property of every + kind, whether individual or corporate, and, finally, that there should + be a free communication between the Catholics of the ceded territories + and their ecclesiastical authorities "even although such authority + should reside within the limits of the Mexican Republic as defined by + this treaty." +</p> +<p> + The ninth article of the treaty, as adopted by the Senate, is much more + comprehensive in its terms and explicit in its meaning, and it clearly + embraces in comparatively few words all the guaranties inserted in the + original article. It is as follows: +</p> +<p class="q"> + Mexicans who, in the territories aforesaid, shall not preserve the + character of citizens of the Mexican Republic, conformably with what + is stipulated in the preceding article, shall be incorporated into the + Union of the United States and be admitted at the proper time (to be + judged of by the Congress of the United States) to the enjoyment of all + the rights of citizens of the United States, according to the principles + of the Constitution, and in the meantime shall be maintained and + protected in the free enjoyment of their liberty and property and + secured in the free exercise of their religion without restriction. +</p> +<p> + This article, which was substantially copied from the Louisiana treaty, + provides equally with the original article for the admission of these + inhabitants into the Union, and in the meantime, whilst they shall + remain in a Territorial state, by one sweeping provision declares that + they "shall be maintained and protected in the free enjoyment of their + liberty and property and secured in the free exercise of their religion + without restriction." +</p> +<p> + This guaranty embraces every kind of property, whether held by + ecclesiastics or laymen, whether belonging to corporations or + individuals. It secures to these inhabitants the free exercise of their + religion without restriction, whether they choose to place themselves + under the spiritual authority of pastors resident within the Mexican + Republic or the ceded territories. It was, it is presumed, to place this + construction beyond all question that the Senate superadded the words + "without restriction" to the religious guaranty contained in the + corresponding article of the Louisiana treaty. Congress itself does not + possess the power under the Constitution to make any law prohibiting the + free exercise of religion. +</p> +<p> + If the ninth article of the treaty, whether in its original or amended + form, had been entirely omitted in the treaty, all the rights and + privileges which either of them confers would have been secured to the + inhabitants of the ceded territories by the Constitution and laws of the + United States. +</p> +<p> + The protocol asserts that "the American Government, by suppressing the + tenth article of the treaty of Guadalupe, did not in any way intend to + annul the grants of lands made by Mexico in the ceded territories;" that + "these grants, notwithstanding the suppression of the article of the + treaty, preserve the legal value which they may possess; and the + grantees may cause their legitimate titles to be acknowledged before the + American tribunals;" and then proceeds to state that, "conformably to + the law of the United States, legitimate titles to every description of + property, personal and real, existing in the ceded territories are those + which were legitimate titles under the Mexican law in California and New + Mexico up to the 13th of May, 1846, and in Texas up to the 2d of March, + 1836." The former was the date of the declaration of war against Mexico + and the latter that of the declaration of independence by Texas. +</p> +<p> + The objection to the tenth article of the original treaty was not that + it protected legitimate titles, which our laws would have equally + protected without it, but that it most unjustly attempted to resuscitate + grants which had become a mere nullity by allowing the grantees the same + period after the exchange of the ratifications of the treaty to which + they had been originally entitled after the date of their grants for the + purpose of performing the conditions on which they had been made. In + submitting the treaty to the Senate I had recommended the rejection of + this article. That portion of it in regard to lands in Texas did not + receive a single vote in the Senate. This information was communicated + by the letter of the Secretary of State to the minister for foreign + affairs of Mexico, and was in possession of the Mexican Government + during the whole period the treaty was before the Mexican Congress; and + the article itself was reprobated in that letter in the strongest terms. + Besides, our commissioners to Mexico had been instructed that— +</p> +<p class="q"> + Neither the President nor the Senate of the United States can ever + consent to ratify any treaty containing the tenth article of the treaty + of Guadalupe Hidalgo, in favor of grantees of land in Texas or + elsewhere. +</p> +<p> + And again: +</p> +<p class="q"> + Should the Mexican Government persist in retaining this article, then + all prospect of immediate peace is ended; and of this you may give + them an absolute assurance. +</p> +<p> + On this point the language of the protocol is free from ambiguity, but + if it were otherwise is there any individual American or Mexican who + would place such a construction upon it as to convert it into a vain + attempt to revive this article, which had been so often and so solemnly + condemned? Surely no person could for one moment suppose that either the + commissioners of the United States or the Mexican minister for foreign + affairs ever entertained the purpose of thus setting at naught the + deliberate decision of the President and Senate, which had been + communicated to the Mexican Government with the assurance that their + abandonment of this obnoxious article was essential to the restoration + of peace. +</p> +<p> + But the meaning of the protocol is plain. It is simply that the + nullification of this article was not intended to destroy valid, + legitimate titles to land which existed and were in full force + independently of the provisions and without the aid of this article. + Notwithstanding it has been expunged from the treaty, these grants were + to "preserve the legal value which they may possess." The refusal to + revive grants which had become extinct was not to invalidate those which + were in full force and vigor. That such was the clear understanding of + the Senate of the United States, and this in perfect accordance with the + protocol, is manifest from the fact that whilst they struck from the + treaty this unjust article, they at the same time sanctioned and + ratified the last paragraph of the eighth article of the treaty, which + declares that— +</p> +<p class="q"> + In the said territories property of every kind now belonging to Mexicans + not established there shall be inviolably respected. The present owners, + the heirs of these, and all Mexicans who may hereafter acquire said + property by contract shall enjoy with respect to it guaranties equally + ample as if the same belonged to citizens of the United States. +</p> +<p> + Without any stipulation in the treaty to this effect, all such valid + titles under the Mexican Government would have been protected under the + Constitution and laws of the United States. +</p> +<p> + The third and last explanation contained in the protocol is that— +</p> +<p class="q"> + The Government of the United States, by suppressing the concluding + paragraph of article 12 of the treaty, did not intend to deprive the + Mexican Republic of the free and unrestrained faculty of ceding, + conveying, or transferring at any time (as it may judge best) the sum of + the $12,000,000 which the same Government of the United States is to + deliver in the places designated by the amended article. +</p> +<p> + The concluding paragraph of the original twelfth article, thus + suppressed by the Senate, is in the following language: +</p> +<p class="q"> + Certificates in proper form for the said installments, respectively, + in such sums as shall be desired by the Mexican Government, and + transferable by it, shall be delivered to the said Government by that + of the United States. +</p> +<p> + From this bare statement, of facts the meaning of the protocol is + obvious. Although the Senate had declined to create a Government stock + for the $12,000,000, and issue transferable certificates for the amount + in such sums as the Mexican Government might desire, yet they could not + have intended thereby to deprive that Government of the faculty which + every creditor possesses of transferring for his own benefit the + obligation of his debtor, whatever this may be worth, according to his + will and pleasure. +</p> +<p> + It can not be doubted that the twelfth article of the treaty as it + now stands contains a positive obligation, "in consideration of the + extension acquired by the boundaries of the United States," to pay to + the Mexican Republic $12,000,000 in four equal annual installments of + three millions each. This obligation may be assigned by the Mexican + Government to any person whatever, but the assignee in such case would + stand in no better condition than the Government. The amendment of the + Senate prohibiting the issue of a Government transferable stock for the + amount produces this effect and no more. +</p> +<p> + The protocol contains nothing from which it can be inferred that the + assignee could rightfully demand the payment of the money in case the + consideration should fail which is stated on the face of the obligation. +</p> +<p> + With this view of the whole protocol, and considering that the + explanations which it contained were in accordance with the treaty, I + did not deem it necessary to take any action upon the subject. Had it + varied from the terms of the treaty as amended by the Senate, although + it would even then have been a nullity in itself, yet duty might have + required that I should make this fact known to the Mexican Government, + This not being the case, I treated it in the same manner I would have + done had these explanations been made verbally by the commissioners to + the Mexican minister for foreign affairs and communicated in a dispatch + to the State Department. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 9, 1849</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 instant, + requesting the President to cause to be laid before that body, in + "executive or open session, in his discretion, any instructions given to + Ambrose H. Sevier and Nathan Clifford, commissioned as ministers + plenipotentiary on the part of the United States to the Government of + Mexico, or to either of said ministers, prior to the ratification by the + Government of Mexico of the treaty of peace between the United States + and that Republic," and certain correspondence and other papers + specified in the said resolution, I communicate herewith a report from + the Secretary of State, together with copies of the documents called + for. +</p> +<p> + Having on the 8th instant, in compliance with a resolution of the House + of Representatives in its terms more comprehensive than that of the + Senate, communicated these and all other papers appertaining to the same + subject, with a message to that House, this communication is made to the + Senate in "open" and not in "executive" session. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 12, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of the Treasury, with + the accompanying documents, in answer to the resolution of the Senate of + December 28, 1848, requesting "to be informed of the number of vessels + annually employed in the Coast Survey, and the annual cost thereof, and + out of what fund they were paid; also the number of persons annually + employed in said Survey who were not of the Army and Navy of the United + States; also the amount of money received by the United States for maps + and charts made under such Survey and sold under the act of 1844." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 14, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War, together with + the accompanying papers, in compliance with a resolution of the Senate + of the 12th instant, requesting the President to communicate to that + body the proceedings under the act of Congress of the last session to + compensate R.M. Johnson for the erection of certain buildings for the + use of the Choctaw academy; also the evidence of the cost of said + buildings. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 23, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of State, together + with the accompanying documents, in compliance with a resolution of + the Senate of the 23d ultimo, requesting the President "to transmit + to the Senate, so far as is consistent with the public service, any + correspondence between the Department of State and the Spanish + authorities in the island of Cuba relating to the imprisonment in + said island of William Henry Rush, a citizen of the United States." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 27, 1849</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Secretary of State, in + compliance with a resolution of the Senate of the 3d ultimo, requesting + the President to communicate to the Senate a list of all the treaties of + commerce and navigation between the United States and foreign nations + conferring upon the vessels of such nations the right of trading between + the United States and the rest of the world in the productions of every + country upon the same terms with American vessels, with the date of + the proclamation of such treaties; also a list of the proclamations + conferring similar rights upon the vessels of foreign nations issued by + the President of the United States under the provisions of the first + section of the act entitled "An act in addition to an act entitled + 'An act concerning discriminating duties on tonnage and impost and to + equalize the duties on Prussian vessels and their cargoes,'" approved + May 24, 1828. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 2, 1849</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith a report of the Secretary of State, together + with the accompanying papers, in compliance with the resolution of the + House of Representatives of the 23d of December, 1848, requesting the + President "to cause to be transmitted to the House, if compatible with + the public interest, the correspondence of George W. Gordon, late, and + Gorham Parks, the present, consul of the United States at Rio de + Janeiro, with the Department of State on the subject of the African + slave trade; also any unpublished correspondence on the same subject + by the Hon. Henry A. Wise, our late minister to Brazil." +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 2, 1849</i>. +</p> +<p> + <i>To the House of Representatives of the United States:</i> +</p> +<p> + I communicate herewith a report of the Secretary of State, together with + the accompanying papers, in compliance with the resolution of the House + of Representatives of the 20th ultimo, requesting the President to + communicate to that House a list of all consuls, vice-consuls, and + commercial agents now in the service of the United States, their + residence, distinguishing such as are citizens of the United States from + such as are not, and to inform the said House whether regular returns + of their fees and perquisites and the tonnage and commerce of the + United States within their respective consulates or agencies have been + regularly made by each, and to communicate the amount of such fees and + perquisites for certain years therein specified, together with the + number of vessels and amount of tonnage which entered and cleared within + each of the consulates and agencies for the same period; also the number + of seamen of the United States who have been provided for and sent home + from each of the said consulates for the time aforesaid. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>March 2, 1849</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I herewith transmit a communication from the Secretary of the Treasury, + accompanying a report from the Solicitor of the Treasury presenting a + view of the operations of that office since its organization. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<a name="2H_4_0020"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<center> + [From Senate Journal, Thirtieth Congress, second session, p. 349.] +</center> +<p class="r"> + WASHINGTON, <i>January 2, 1849</i>. +</p> +<p> + <i>To the Senators of the United States, respectively</i>. +</p> +<p> + SIR: Objects interesting to the United States requiring that the Senate + should be in session on Monday, the 5th of March next, to receive and + act upon such communications as may be made to it on the part of the + Executive, your attention in the Senate Chamber, in this city, on that + day at 10 o'clock in the forenoon is accordingly requested. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of the Congress of the United States of the 10th + January, 1849, entitled "An act to extend certain privileges to the town + of Whitehall, in the State of New York," the President of the United + States, on the recommendation of the Secretary of the Treasury, is + authorized to extend to the town of Whitehall the same privileges as are + conferred on certain ports named in the seventh section of an act + entitled "An act allowing drawback upon foreign merchandise exported in + the original packages to Chihuahua and Santa Fe, in Mexico, and to the + British North American Provinces adjoining the United States," passed 3d + March, 1845, in the manner prescribed by the proviso contained in said + section; and +</p> +<p> + Whereas the Secretary of the Treasury has duly recommended to me the + extension of the privileges of the law aforesaid to the port of + Whitehall, in the collection district of Champlain, in the State of New + York: +</p> +<p> + Now, therefore, I, James K. Polk, President of the United States of + America, do hereby declare and proclaim that the port of Whitehall, in + the collection district of Champlain, in the State of New York, is and + shall be entitled to all the privileges extended to the other ports + enumerated in the seventh section of the act 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> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 2d day of March, A.D. 1849, and of + the Independence of the United States of America the seventy-third. +</p> +<p class="r"> + JAMES K. POLK. +</p> +<p><br> +By the President:<br> + JAMES BUCHANAN,<br> + <i>Secretary of State</i>. +</p> + + +<div style="height: 6em;"><br><br><br><br><br><br></div> + +<hr class="full"> + +<h2> + Footnotes +</h2> + +<a name="note-1"><!--Note--></a> +<p class="foot"> +<u>1</u> For failing to protect the American armed brig <i>General + Armstrong</i>, while lying in the port of Fayal, Azores, from attack by + British armed ships on September 26, 1814. +</p> +<a name="note-2"><!--Note--></a> +<p class="foot"> +<u>2</u> Omitted. +</p> +<a name="note-3"><!--Note--></a> +<p class="foot"> +<u>3</u> Omitted. +</p> +<a name="note-4"><!--Note--></a> +<p class="foot"> +<u>4</u> Omitted. +</p> +<a name="note-5"><!--Note--></a> +<p class="foot"> +<u>5</u> Omitted. +</p> +<a name="note-6"><!--Note--></a> +<p class="foot"> +<u>6</u> In 1839 Brevet Major Noel, Sixth Infantry, was severely + wounded (serving in the Florida War at the time) by the accidental + discharge of his own pistol. He left his company February 16, 1839, and + has ever since been absent from his regiment, the state of his wound and + great suffering rendering him utterly incapable of performing any kind + of duty whatever; nor is there any reason to hope he will ever be able + to resume his duties. +</p> +<a name="note-7"><!--Note--></a> +<p class="foot"> +<u>7</u> Relating to the operations of the Army near Matamoras, + Mexico. +</p> +<a name="note-8"><!--Note--></a> +<p class="foot"> +<u>8</u> Palo Alto and Resaca de la Palma. +</p> +<a name="note-9"><!--Note--></a> +<p class="foot"> +<u>9</u> Palo Alto and Resaca de la Palma. +</p> +<a name="note-10"><!--Note--></a> +<p class="foot"> +<u>10</u> List omitted. +</p> +<a name="note-11"><!--Note--></a> +<p class="foot"> +<u>11</u> Omitted. +</p> +<a name="note-12"><!--Note--></a> +<p class="foot"> +<u>12</u> Omitted. +</p> +<a name="note-13"><!--Note--></a> +<p class="foot"> +<u>13</u> Omitted. +</p> +<a name="note-14"><!--Note--></a> +<p class="foot"> +<u>14</u> Omitted. +</p> +<a name="note-15"><!--Note--></a> +<p class="foot"> +<u>15</u> Addressed to the Secretaries of War and of the Navy. +</p> +<a name="note-16"><!--Note--></a> +<p class="foot"> +<u>16</u> Relating to the levying of taxes and duties upon Mexican + products, etc., for the support of the United States Army in Mexico. +</p> +<a name="note-17"><!--Note--></a> +<p class="foot"> +<u>17</u> Relating to the publication of a letter from General Taylor + to General Gaines concerning the operations of the United States forces + in Mexico. +</p> +<a name="note-18"><!--Note--></a> +<p class="foot"> +<u>18</u> Relating to the conduct of the war in Mexico and the + recall of General Scott from the command of the Army. +</p> +<a name="note-19"><!--Note--></a> +<p class="foot"> +<u>19</u> Relating to disposal of property, etc. +</p> +<a name="note-20"><!--Note--></a> +<p class="foot"> +<u>20</u> Pocket veto. +</p> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 12463 ***</div> +</body> +</html> |