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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/5019-8.txt b/5019-8.txt new file mode 100644 index 0000000..c0ad85e --- /dev/null +++ b/5019-8.txt @@ -0,0 +1,7059 @@ +Project Gutenberg's State of the Union Addresses of James Polk, by James Polk + +This eBook is for the use of anyone anywhere in the United States and most +other parts of the world at no cost and with almost no restrictions +whatsoever. You may copy it, give it away or re-use it under the terms of +the Project Gutenberg License included with this eBook or online at +www.gutenberg.org. If you are not located in the United States, you'll have +to check the laws of the country where you are located before using this ebook. + +Title: State of the Union Addresses of James Polk + +Author: James Polk + +Posting Date: November 21, 2014 [EBook #5019] +Release Date: February, 2004 +First Posted: April 11, 2002 +Last Updated: December 16, 2004 + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + + + + +Produced by James Linden. HTML version by Al Haines. + + + + + + + + +State of the Union Addresses of James Polk + + + +The addresses are separated by three asterisks: *** + +Dates of addresses by James Polk in this eBook: + + December 2, 1845 + December 8, 1846 + December 7, 1847 + December 5, 1848 + + + +*** + +State of the Union Address +James Polk +December 2, 1845 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +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. + +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. + +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. + +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 +charge 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 charge 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. + +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. + +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. + +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. + +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-- + +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. + +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 out the 30th of +April, 1843, and that-- + +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. + +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. + +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. + +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: + +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. + +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. + +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. 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-- + +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. + +The negotiation of 1824 was productive of no result, and the convention of +1818 was left unchanged. + +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-- + +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. + +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." + +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 one which I was +unwilling to concede. It 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. + +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. + +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. + +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 lbs. 200." + +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. + +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. + +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. + +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. + +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. + +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. + +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 dear 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. + +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. + +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-- + +The American continents, by the free and independent condition which they +have assumed and maintain, are henceforth not to be considered as subjects +for 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. + +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." + +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 Borussia, 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. + +By virtue of an arrangement made between the Spanish Government and that of +the United States in December, 1831, American vessels, since the 29th 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 ad +valorem. 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. + +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-- + +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. + +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. + +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. + +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 Columbus. 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 Columbus, 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. + +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. + +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. + +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 +$27,528,122.70, 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. + +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. + +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. + +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 bona fide 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 ad valorem duties as the fairest and most equitable +indirect tax which can be imposed. By the ad valorem 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 ad valorem 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. + +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. + +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." + +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. + +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 Treasure 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 Fremont, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The report of the Postmaster-General herewith communicated contains a +detailed statement of the operations of his Department during the pass +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. + +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. + +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. 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. + +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. + +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. + +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 free-men. 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." + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 8, 1846 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +As the wisdom, strength, and beneficence of our free institutions are +unfolded, every day adds fresh motives to contentment and fresh incentives +to patriotism. + +Our devout and sincere acknowledgments are due to the gracious Giver of All +Good for the numberless blessings which our beloved country enjoys. + +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. + +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. + +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. + +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-- + +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. + +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: + +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 +out of our vessels of war on the coast of Mexico. + +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: + +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. + +The Committee on Foreign Affairs of the House of Representatives made a +similar recommendation. In their report they say that-- + +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. + +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. + +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: + +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. + +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. + +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. + +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-- + +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. + +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. + +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. + +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. + +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. + +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. + +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 free, +sovereign, and independent Republic, 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. + +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. + +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-- + +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. + +In the same dispatch the Secretary of State affirms that-- + +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. + +And he added that-- + +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. + +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. + +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-- + +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 Texas in numerous families before the declaration +of independence by Mexico. + +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. + +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." + +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. + +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-- + +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 +casus belli, 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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It would be strange if in the face of the example of Great Britain, 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. + +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. + +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. + +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. + +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. + +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. + +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 rounded. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +There are other suggestions in the report which deserve and I doubt not +will receive your consideration. + +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 that 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. + +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. + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 7, 1847 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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 quest that it might be communicated to his +Government. The commissioner did not reach the headquarters of the Army +until after another brilliant victory had crowned our arms at Cerro Gordo. +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 degree, 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. + +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 wrestling 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. + +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. + +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. + +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. + +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. + +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. 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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. 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. 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. + +In my annual message to Congress of December last I declared that-- + +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. + +Such, in my judgment, continues to be our true policy; indeed, the only +policy which will probably secure a permanent peace. + +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. + +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. + +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. + +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. + +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. + +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 conducted, 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. + +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. + +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. + +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; they were directed also +to respect the rights of persons and property of all who should not take up +arms against us. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. 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. + +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. + +Estimates have also been submitted for the outfits and salaries of charges' +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. + +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 Amistad 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. + +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. + +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. + +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. + +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 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. + +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, eluding 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. + +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. 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. + +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 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It is estimated that $3,000,000 would be derived annually by a moderate +duty imposed on these articles. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. 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. + +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. + +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. + +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. + +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." + +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 thus +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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 geographical discriminations--Northern and +Southern, Atlantic and Western--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. + +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: + +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. + +After the lapse of half a century these admonitions of Washington fall upon +us with all the force of truth. It is 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. + +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. + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 5, 1848 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +Peace, plenty, and contentment reign throughout our borders, and our +beloved country presents a sublime moral spectacle to the world. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +This gratifying condition of our foreign relations renders it unnecessary +for me to call your attention more specifically to them. + +It has been my constant aim and desire to cultivate peace and commerce with +all nations. Tranquility 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. + +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 out 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, rights not only for his country, but for glory +and distinction among his fellow-citizens when he shall return to civil +life. + +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 even 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. + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 de facto 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 slaveholding 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The Secretary of the Treasury will present in his annual report a highly +satisfactory 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 $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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The report of the Postmaster-General will make known to you the operations +of that Department for the past year. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 construction, 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." + +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 +construction. 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. + +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 construction to +approximate our Government to the European models, substituting an +aristocracy of wealth for that of orders and titles. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, General Hamilton being in favor +of and Mr. Jefferson and Mr. Randolph 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: + +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. + +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 Mr. Madison, 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 Mr. Madison, at that time a member of the House of +Representatives, to prepare the draft of a veto message for him. Mr. +Madison, 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: + +February 21, 1791.--Copy of a paper made out and sent to the President, at +his request, to be ready in case his judgment should finally decide against +the bill for incorporating a national bank, the bill being then before +him. + +Among the objections assigned in this paper to the bill, and which were +submitted for the consideration of the President, are the following: + +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. + +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. + +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 +President Jackson it reeled and fell, and a subsequent attempt to charter a +similar institution was arrested by the veto of President Tyler. + +Mr. Madison, 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-- + +The Bank of the United States, though on the original question held to be +unconstitutional, received the Executive signature. + +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. + +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. + +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. + +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. + +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. + +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. + +To guard against consequences so ruinous is an object of high national +importance, involving, in my judgment, the continued prosperity of the +country. + +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. + +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. + +The Constitution provides that-- + +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 shall sign it, but if not he shall 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. + +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. + +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. + +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, co-equal, 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. + +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. + +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. + +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? + +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. + +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. + +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 veto 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. + +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. + +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. + +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. + +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. + +Upon the same principle that the veto 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 veto 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. + +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. + +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. + +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. + +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. + +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. + +The objection to the exercise of the veto 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES K. POLK + + + + + + + + + + +End of the Project Gutenberg EBook of State of the Union Addresses of James +Polk, by James Polk + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5019-8.txt or 5019-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/1/5019/ + +Produced by James Linden. HTML version by Al Haines. +Updated editions will replace the previous one--the old editions will +be renamed. + +Creating the works from print editions not protected by U.S. copyright +law means that no one owns a United States copyright in these works, +so the Foundation (and you!) can copy and distribute it in the United +States without permission and without paying copyright +royalties. 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You may copy it, give it away or re-use it under the terms of +the Project Gutenberg License included with this eBook or online at +www.gutenberg.org. If you are not located in the United States, you'll have +to check the laws of the country where you are located before using this ebook. + +Title: State of the Union Addresses of James Polk + +Author: James Polk + +Posting Date: November 21, 2014 [EBook #5019] +Release Date: February, 2004 +First Posted: April 11, 2002 +Last Updated: December 16, 2004 + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + + + + +Produced by James Linden. HTML version by Al Haines. + + + + + +</pre> + + +<h1> +<br /><br /><br /> +State of the Union Addresses of James Polk +</h1> + +<p class="noindent"> +<br /><br /> +The addresses are separated by three asterisks: *** +</p> + +<p class="noindent"> +Dates of addresses by James Polk in this eBook: +</p> + +<p class="noindent"> + <a href="#dec1845">December 2, 1845</a><br /> + <a href="#dec1846">December 8, 1846</a><br /> + <a href="#dec1847">December 7, 1847</a><br /> + <a href="#dec1848">December 5, 1848</a><br /> +</p> + +<p><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1845"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Polk<br /> +December 2, 1845<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</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 +charge 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 charge 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> +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 out the 30th of +April, 1843, and that-- +</p> + +<p> +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> +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. The negotiation of +1818, having failed to accomplish its object, resulted in the convention of +the 20th of October of that year. +</p> + +<p> +By the third article of that convention it was-- +</p> + +<p> +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> +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 one which I was +unwilling to concede. It 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 lbs. 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 dear 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> +The American continents, by the free and independent condition which they +have assumed and maintain, are henceforth not to be considered as subjects +for 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 Borussia, 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 29th 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 ad +valorem. 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> +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 Columbus. 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 Columbus, 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 +$27,528,122.70, 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 bona fide 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 ad valorem duties as the fairest and most equitable +indirect tax which can be imposed. By the ad valorem 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 ad valorem 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 Treasure 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 Fremont, 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 pass +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. 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 free-men. 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="noindent"> +JAMES K. POLK +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1846"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Polk<br /> +December 8, 1846<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</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> +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> +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 +out 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> +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> +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> +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> +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 free, +sovereign, and independent Republic, 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> +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> +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> +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> +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 Texas 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> +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 +casus belli, 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 Great Britain, 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 rounded. 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 that 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="noindent"> +JAMES K. POLK +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1847"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Polk<br /> +December 7, 1847<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</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. 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. 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. 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 quest that it might be communicated to his +Government. The commissioner did not reach the headquarters of the Army +until after another brilliant victory had crowned our arms at Cerro Gordo. +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. 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 degree, 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 wrestling 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. 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. 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. 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. 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. 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> +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 conducted, 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; they 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 +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> +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. 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. 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. 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 charges' +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 Amistad 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 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, eluding 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. 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 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. 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. 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. 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. 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. 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 thus +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. 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 geographical discriminations--Northern and +Southern, Atlantic and Western--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> +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 is 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="noindent"> +JAMES K. POLK +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1848"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Polk<br /> +December 5, 1848<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</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. Tranquility 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 out 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, rights 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 even 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 de facto 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 slaveholding 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 construction, 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 +construction. 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 construction 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, General Hamilton being in favor +of and Mr. Jefferson and Mr. Randolph 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> +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 Mr. Madison, 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 Mr. Madison, at that time a member of the House of +Representatives, to prepare the draft of a veto message for him. Mr. +Madison, 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> +February 21, 1791.--Copy of a paper made out and sent to the President, at +his request, 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> +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 +President Jackson it reeled and fell, and a subsequent attempt to charter a +similar institution was arrested by the veto of President Tyler. +</p> + +<p> +Mr. Madison, 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> +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> +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 shall sign it, but if not he shall 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, co-equal, 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 veto 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 veto 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 veto 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 veto 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="noindent"> +JAMES K. POLK +</p> + +<p><br /><br /><br /><br /></p> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of State of the Union Addresses of James +Polk, by James Polk + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5019-h.htm or 5019-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/1/5019/ + +Produced by James Linden. HTML version by Al Haines. +Updated editions will replace the previous one--the old editions will +be renamed. + +Creating the works from print editions not protected by U.S. copyright +law means that no one owns a United States copyright in these works, +so the Foundation (and you!) can copy and distribute it in the United +States without permission and without paying copyright +royalties. 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You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: State of the Union Addresses of James Polk + +Author: James Polk + +Release Date: February, 2004 [EBook #5019] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on April 11, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES POLK *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by James Polk in this eBook: + December 2, 1845 + December 8, 1846 + December 7, 1847 + December 5, 1848 + + + +*** + +State of the Union Address +James Polk +December 2, 1845 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +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. + +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. + +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. + +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 +charge' 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 charge' 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. + +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. + +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. + +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. + +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-- + +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. + +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 out the 30th of +April, 1843, and that-- + +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. + +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. + +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. + +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: + +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. + +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. + +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. 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-- + +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. + +The negotiation of 1824 was productive of no result, and the convention of +1818 was left unchanged. + +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-- + +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. + +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." + +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 one which I was +unwilling to concede. It 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. + +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. + +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. + +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 eases where the cause of action shall not "exceed in value +the amount or sum of lbs. 200." + +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. + +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. + +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. + +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. + +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. + +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. + +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 dear 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. + +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. + +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-- + +The American continents, by the free and independent condition which they +have assumed and maintain, are henceforth not to be considered as subjects +for 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. + +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." + +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 Borussia, 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. + +By virtue of an arrangement made between the Spanish Government and that of +the United States in December, 1831, American vessels, since the 29th 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 ad +valorem. 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. + +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-- + +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. + +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. + +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. + +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 Columbus. 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 Columbus, 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. + +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. + +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. + +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 +$27,528,122.70, 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. + +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. + +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. + +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 bona fide 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 ad valorem duties as the fairest and most equitable +indirect tax which can be imposed. By the ad valorem 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 ad valorem 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. + +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. + +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." + +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. + +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 Treasure 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 Fremont, 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. + +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. + +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. + +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. + +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. + +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 pursuahce 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. + +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. + +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. + +The report of the Postmaster-General herewith communicated contains a +detailed statement of the operations of his Department during the pass +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. + +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. + +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. 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. + +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. + +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. + +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 free-men. 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." + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 8, 1846 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +As the wisdom, strength, and beneficence of our free institutions are +unfolded, every day adds fresh motives to contentment and fresh incentives +to patriotism. + +Our devout and sincere acknowledgments are due to the gracious Giver of All +Good for the numberless blessings which our beloved country enjoys. + +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. + +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. + +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. + +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-- + +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. + +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: + +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 +out of our vessels of war on the coast of Mexico. + +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: + +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. + +The Committee on Foreign Affairs of the House of Representatives made a +similar recommendation. In their report they say that-- + +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. + +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. + +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: + +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. + +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. + +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. + +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-- + +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. + +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. + +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. + +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. + +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. + +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. + +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 free, +sovereign, and independent Republic, 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. + +In the month of May, 1836, Santa Anna acknowledged by a treaty with the +Texan authorities in the most solumn 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. + +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-- + +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. + +In the same dispatch the Secretary of State affirms that-- + +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. + +And he added that-- + +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. + +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. + +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-- + +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 Texas in numerous families before the declaration +of independence by Mexico. + +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. + +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." + +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. + +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-- + +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 +casus belli, 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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It would be strange if in the face of the example of Great Britain, 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. + +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. + +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. + +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. + +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. + +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. + +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 rounded. 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. + +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. + +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. + +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. + +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. + +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 ot 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. + +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. + +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. + +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. + +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. + +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. + +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. + +There are other suggestions in the report which deserve and I doubt not +will receive your consideration. + +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 that 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. + +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. + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 7, 1847 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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 quest that it might be communicated to his +Government. The commissioner did not reach the headquarters of the Army +until after another brilliant victory had crowned our arms at Cerro Gordo. +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 degree, 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. + +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 wrestling 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. + +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. + +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. + +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. + +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. + +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. 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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. 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. 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. + +In my annual message to Congress of December last I declared that-- 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. + +Such, in my judgment, continues to be our true policy; indeed, the only +policy which will probably secure a permanent peace. + +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. + +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. + +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. + +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. + +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. + +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 conducted, 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. + +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. + +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. + +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; they were directed also +to respect the rights of persons and property of all who should not take up +arms against us. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. 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. + +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. + +Estimates have also been submitted for the outfits and salaries of charges' +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. + +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 Amistad 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. + +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. + +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. + +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. + +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 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. + +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, eluding 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. + +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. 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. + +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 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It is estimated that $3,000,000 would be derived annually by a moderate +duty imposed on these articles. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. 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. + +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. + +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. + +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. + +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." + +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 thus +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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 geographical discriminations--Northern and +Southern, Atlantic and Western--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. + +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: + +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. + +After the lapse of half a century these admonitions of Washington fall upon +us with all the force of truth. It is 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. + +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. JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 5, 1848 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +Peace, plenty, and contentment reign throughout our borders, and our +beloved country presents a sublime moral spectacle to the world. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +This gratifying condition of our foreign relations renders it unnecessary +for me to call your attention more specifically to them. + +It has been my constant aim and desire to cultivate peace and commerce with +all nations. Tranquility 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. + +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 out 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, rights not only for his country, but for glory +and distinction among his fellow-citizens when he shall return to civil +life. + +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 even 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. + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 de facto 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 slaveholding 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The Secretary of the Treasury will present in his annual report a highly +satisfactory 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 $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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The report of the Postmaster-General will make known to you the operations +of that Department for the past year. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 construction, 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." + +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 +construction. 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. + +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 construction to +approximate our Government to the European models, substituting an +aristocracy of wealth for that of orders and titles. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 ease in the States, this could +not occur. + +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. + +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. + +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. + +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, General Hamilton being in favor +of and Mr. Jefferson and Mr. Randolph 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: + +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. + +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 Mr. Madison, 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 Mr. Madison, at that time a member of the House of +Representatives, to prepare the draft of a veto message for him. Mr. +Madison, 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: + +February 21, 1791.--Copy of a paper made out and sent to the President, at +his request, to be ready in case his judgment should finally decide against +the bill for incorporating a national bank, the bill being then before +him. + +Among the objections assigned in this paper to the bill, and which were +submitted for the consideration of the President, are the following: + +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. + +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. + +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 +President Jackson it reeled and fell, and a subsequent attempt to charter a +similar institution was arrested by the veto of President Tyler. + +Mr. Madison, 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-- + +The Bank of the United States, though on the original question held to be +unconstitutional, received the Executive signature. + +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. + +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. + +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. + +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. + +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. + +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. + +To guard against consequences so ruinous is an object of high national +importance, involving, in my judgment, the continued prosperity of the +country. + +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. + +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. + +The Constitution provides that-- + +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 shall sign it, but if not he shall 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. + +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. + +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. + +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, co-equal, 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. + +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. + +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. + +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? + +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. + +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. + +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 veto 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. + +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. + +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. + +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. + +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. + +Upon the same principle that the veto 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 veto 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. + +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. + +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. + +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. + +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. + +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. + +The objection to the exercise of the veto 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES K. POLK + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES POLK *** + +This file should be named supol10.txt or supol10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, supol11.txt +VERSIONS based on separate sources get new LETTER, supol10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: State of the Union Addresses of James Polk + +Author: James Polk + +Release Date: February, 2004 [EBook #5019] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on April 11, 2002] +[Date last updated: December 16, 2004] + +Edition: 11 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES POLK *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by James Polk in this eBook: + December 2, 1845 + December 8, 1846 + December 7, 1847 + December 5, 1848 + + + +*** + +State of the Union Address +James Polk +December 2, 1845 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +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. + +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. + +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. + +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 +charge 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 charge 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. + +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. + +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. + +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. + +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-- + +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. + +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 out the 30th of +April, 1843, and that-- + +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. + +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. + +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. + +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: + +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. + +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. + +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. 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-- + +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. + +The negotiation of 1824 was productive of no result, and the convention of +1818 was left unchanged. + +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-- + +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. + +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." + +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 one which I was +unwilling to concede. It 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. + +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. + +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. + +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 lbs. 200." + +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. + +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. + +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. + +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. + +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. + +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. + +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 dear 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. + +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. + +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-- + +The American continents, by the free and independent condition which they +have assumed and maintain, are henceforth not to be considered as subjects +for 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. + +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." + +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 Borussia, 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. + +By virtue of an arrangement made between the Spanish Government and that of +the United States in December, 1831, American vessels, since the 29th 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 ad +valorem. 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. + +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-- + +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. + +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. + +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. + +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 Columbus. 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 Columbus, 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. + +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. + +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. + +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 +$27,528,122.70, 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. + +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. + +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. + +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 bona fide 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 ad valorem duties as the fairest and most equitable +indirect tax which can be imposed. By the ad valorem 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 ad valorem 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. + +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. + +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." + +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. + +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 Treasure 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 Fremont, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The report of the Postmaster-General herewith communicated contains a +detailed statement of the operations of his Department during the pass +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. + +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. + +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. 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. + +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. + +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. + +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 free-men. 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." + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 8, 1846 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +As the wisdom, strength, and beneficence of our free institutions are +unfolded, every day adds fresh motives to contentment and fresh incentives +to patriotism. + +Our devout and sincere acknowledgments are due to the gracious Giver of All +Good for the numberless blessings which our beloved country enjoys. + +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. + +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. + +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. + +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-- + +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. + +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: + +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 +out of our vessels of war on the coast of Mexico. + +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: + +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. + +The Committee on Foreign Affairs of the House of Representatives made a +similar recommendation. In their report they say that-- + +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. + +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. + +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: + +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. + +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. + +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. + +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-- + +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. + +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. + +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. + +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. + +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. + +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. + +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 free, +sovereign, and independent Republic, 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. + +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. + +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-- + +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. + +In the same dispatch the Secretary of State affirms that-- + +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. + +And he added that-- + +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. + +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. + +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-- + +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 Texas in numerous families before the declaration +of independence by Mexico. + +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. + +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." + +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. + +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-- + +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 +casus belli, 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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It would be strange if in the face of the example of Great Britain, 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. + +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. + +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. + +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. + +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. + +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. + +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 rounded. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +There are other suggestions in the report which deserve and I doubt not +will receive your consideration. + +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 that 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. + +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. + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 7, 1847 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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 quest that it might be communicated to his +Government. The commissioner did not reach the headquarters of the Army +until after another brilliant victory had crowned our arms at Cerro Gordo. +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 degree, 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. + +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 wrestling 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. + +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. + +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. + +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. + +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. + +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. 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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. 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. 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. + +In my annual message to Congress of December last I declared that-- + +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. + +Such, in my judgment, continues to be our true policy; indeed, the only +policy which will probably secure a permanent peace. + +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. + +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. + +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. + +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. + +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. + +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 conducted, 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. + +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. + +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. + +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; they were directed also +to respect the rights of persons and property of all who should not take up +arms against us. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. 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. + +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. + +Estimates have also been submitted for the outfits and salaries of charges' +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. + +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 Amistad 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. + +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. + +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. + +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. + +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 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. + +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, eluding 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. + +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. 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. + +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 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It is estimated that $3,000,000 would be derived annually by a moderate +duty imposed on these articles. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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. + +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. + +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. 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. 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. + +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. + +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. + +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. + +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." + +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 thus +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. 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. + +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 geographical discriminations--Northern and +Southern, Atlantic and Western--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. + +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: + +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. + +After the lapse of half a century these admonitions of Washington fall upon +us with all the force of truth. It is 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. + +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. + +JAMES K. POLK + +*** + +State of the Union Address +James Polk +December 5, 1848 + +Fellow-Citizens of the Senate and of the House of Representatives: + +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. + +Peace, plenty, and contentment reign throughout our borders, and our +beloved country presents a sublime moral spectacle to the world. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +This gratifying condition of our foreign relations renders it unnecessary +for me to call your attention more specifically to them. + +It has been my constant aim and desire to cultivate peace and commerce with +all nations. Tranquility 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. + +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 out 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, rights not only for his country, but for glory +and distinction among his fellow-citizens when he shall return to civil +life. + +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 even 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. + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 de facto 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 slaveholding 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The Secretary of the Treasury will present in his annual report a highly +satisfactory 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 $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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The report of the Postmaster-General will make known to you the operations +of that Department for the past year. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 construction, 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." + +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 +construction. 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. + +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 construction to +approximate our Government to the European models, substituting an +aristocracy of wealth for that of orders and titles. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, General Hamilton being in favor +of and Mr. Jefferson and Mr. Randolph 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: + +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. + +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 Mr. Madison, 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 Mr. Madison, at that time a member of the House of +Representatives, to prepare the draft of a veto message for him. Mr. +Madison, 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: + +February 21, 1791.--Copy of a paper made out and sent to the President, at +his request, to be ready in case his judgment should finally decide against +the bill for incorporating a national bank, the bill being then before +him. + +Among the objections assigned in this paper to the bill, and which were +submitted for the consideration of the President, are the following: + +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. + +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. + +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 +President Jackson it reeled and fell, and a subsequent attempt to charter a +similar institution was arrested by the veto of President Tyler. + +Mr. Madison, 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-- + +The Bank of the United States, though on the original question held to be +unconstitutional, received the Executive signature. + +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. + +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. + +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. + +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. + +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. + +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. + +To guard against consequences so ruinous is an object of high national +importance, involving, in my judgment, the continued prosperity of the +country. + +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. + +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. + +The Constitution provides that-- + +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 shall sign it, but if not he shall 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. + +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. + +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. + +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, co-equal, 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. + +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. + +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. + +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? + +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. + +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. + +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 veto 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. + +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. + +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. + +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. + +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. + +Upon the same principle that the veto 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 veto 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. + +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. + +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. + +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. + +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. + +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. + +The objection to the exercise of the veto 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES K. POLK + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES POLK *** + +This file should be named supol11.txt or supol11.zip +Corrected EDITIONS of our eBooks get a new NUMBER, supol12.txt +VERSIONS based on separate sources get new LETTER, supol10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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