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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/5021-h.zip b/5021-h.zip Binary files differnew file mode 100644 index 0000000..723c13d --- /dev/null +++ b/5021-h.zip diff --git a/5021-h/5021-h.htm b/5021-h/5021-h.htm new file mode 100644 index 0000000..c128f39 --- /dev/null +++ b/5021-h/5021-h.htm @@ -0,0 +1,4064 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.1//EN" + "http://www.w3.org/TR/xhtml11/DTD/xhtml11.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en"> + +<head> + +<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1" /> + +<title> +The Project Gutenberg E-text of State of the Union Addresses, by Millard Fillmore +</title> + +<style type="text/css"> +body { color: black; + background: white; + margin-right: 10%; + margin-left: 10%; + font-family: "Times New Roman", serif; + text-align: justify } + +p {text-indent: 4% } + +p.noindent {text-indent: 0% } + +p.t1 {text-indent: 0% ; + font-size: 200%; + text-align: center } + +p.t2 {text-indent: 0% ; + font-size: 150%; + text-align: center } + +p.t3 {text-indent: 0% ; + font-size: 100%; + text-align: center } + +p.t3b {text-indent: 0% ; + font-size: 100%; + font-weight: bold; + text-align: center } + +p.t4 {text-indent: 0% ; + font-size: 80%; + text-align: center } + +p.t4b {text-indent: 0% ; + font-size: 80%; + font-weight: bold; + text-align: center } + +p.t5 {text-indent: 0% ; + font-size: 60%; + text-align: center } + +h1 { text-align: center } +h2 { text-align: center } +h3 { text-align: center } +h4 { text-align: center } +h5 { text-align: center } + +p.poem {text-indent: 0%; + margin-left: 10%; } + +p.contents {text-indent: -3%; + margin-left: 5% } + +p.thought {text-indent: 0% ; + letter-spacing: 4em ; + text-align: center } + +p.letter {text-indent: 0%; + margin-left: 10% ; + margin-right: 10% } + +p.footnote {text-indent: 0% ; + font-size: 80%; + margin-left: 10% ; + margin-right: 10% } + +p.transnote {text-indent: 0% ; + margin-left: 0% ; + margin-right: 0% } + +p.intro {font-size: 90% ; + text-indent: -5% ; + margin-left: 5% ; + margin-right: 0% } + +p.quote {text-indent: 4% ; + margin-left: 0% ; + margin-right: 0% } + +p.finis { font-size: larger ; + text-align: center ; + text-indent: 0% ; + margin-left: 0% ; + margin-right: 0% } + +</style> + +</head> + +<body> + + +<pre> + +Project Gutenberg's State of the Union Addresses, by Millard Fillmore + +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 + +Author: Millard Fillmore + +Posting Date: November 27, 2014 [EBook #5021] +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 Millard Fillmore +</h1> + +<p class="noindent"> +<br /><br /> +The addresses are separated by three asterisks: *** +</p> + +<p class="noindent"> +Dates of addresses by Millard Fillmore in this eBook: +</p> + +<p class="noindent"> + <a href="#Dec1850">December 2, 1850</a><br /> + <a href="#Dec1851">December 2, 1851</a><br /> + <a href="#Dec1852">December 6, 1852</a><br /> +</p> + +<p><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1850"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +Millard Fillmore<br /> +December 2, 1850<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</p> + +<p> +Being suddenly called in the midst of the last session of Congress by a +painful dispensation of Divine Providence to the responsible station which +I now hold, I contented myself with such communications to the Legislature +as the exigency of the moment seemed to require. The country was shrouded +in mourning for the loss of its venerable Chief Magistrate and all hearts +were penetrated with grief. Neither the time nor the occasion appeared to +require or to justify on my part any general expression of political +opinions or any announcement of the principles which would govern me in the +discharge of the duties to the performance of which I had been so +unexpectedly called. I trust, therefore, that it may not be deemed +inappropriate if I avail myself of this opportunity of the reassembling of +Congress to make known my sentiments in a general manner in regard to the +policy which ought to be pursued by the Government both in its intercourse +with foreign nations and its management and administration of internal +affairs. +</p> + +<p> +Nations, like individuals in a state of nature, are equal and independent, +possessing certain rights and owing certain duties to each other, arising +from their necessary and unavoidable relations; which rights and duties +there is no common human authority to protect and enforce. Still, they are +rights and duties, binding in morals, in conscience, and in honor, although +there is no tribunal to which an injured party can appeal but the +disinterested judgment of mankind, and ultimately the arbitrament of the +sword. +</p> + +<p> +Among the acknowledged rights of nations is that which each possesses of +establishing that form of government which it may deem most conducive to +the happiness and prosperity of its own citizens, of changing that form as +circumstances may require, and of managing its internal affairs according +to its own will. The people of the United States claim this right for +themselves, and they readily concede it to others. Hence it becomes an +imperative duty not to interfere in the government or internal policy of +other nations; and although we may sympathize with the unfortunate or the +oppressed everywhere in their struggles for freedom, our principles forbid +us from taking any part in such foreign contests. We make no wars to +promote or to prevent successions to thrones, to maintain any theory of a +balance of power, or to suppress the actual government which any country +chooses to establish for itself. We instigate no revolutions, nor suffer +any hostile military expeditions to be fitted out in the United States to +invade the territory or provinces of a friendly nation. The great law of +morality ought to have a national as well as a personal and individual +application. We should act toward other nations as we wish them to act +toward us, and justice and conscience should form the rule of conduct +between governments, instead of mere power, self interest, or the desire of +aggrandizement. To maintain a strict neutrality in foreign wars, to +cultivate friendly relations, to reciprocate every noble and generous act, +and to perform punctually and scrupulously every treaty obligation--these +are the duties which we owe to other states, and by the performance of +which we best entitle ourselves to like treatment from them; or, if that, +in any case, be refused, we can enforce our own rights with justice and a +clear conscience. +</p> + +<p> +In our domestic policy the Constitution will be my guide, and in questions +of doubt I shall look for its interpretation to the judicial decisions of +that tribunal which was established to expound it and to the usage of the +Government, sanctioned by the acquiescence of the country. I regard all its +provisions as equally binding. In all its parts it is the will of the +people expressed in the most solemn form, and the constituted authorities +are but agents to carry that will into effect. Every power which it has +granted is to be exercised for the public good; but no pretense of utility, +no honest conviction, even, of what might be expedient, can justify the +assumption of any power not granted. The powers conferred upon the +Government and their distribution to the several departments are as clearly +expressed in that sacred instrument as the imperfection of human language +will allow, and I deem it my first duty not to question its wisdom, add to +its provisions, evade its requirements, or nullify its commands. +</p> + +<p> +Upon you, fellow-citizens, as the representatives of the States and the +people, is wisely devolved the legislative power. I shall comply with my +duty in laying before you from time to time any information calculated to +enable you to discharge your high and responsible trust for the benefit of +our common constituents. +</p> + +<p> +My opinions will be frankly expressed upon the leading subjects of +legislation; and if--which I do not anticipate--any act should pass the two +Houses of Congress which should appear to me unconstitutional, or an +encroachment on the just powers of other departments, or with provisions +hastily adopted and likely to produce consequences injurious and +unforeseen, I should not shrink from the duty of returning it to you, with +my reasons, for your further consideration. Beyond the due performance of +these constitutional obligations, both my respect for the Legislature and +my sense of propriety will restrain me from any attempt to control or +influence your proceedings. With you is the power, the honor, and the +responsibility of the legislation of the country. +</p> + +<p> +The Government of the United States is a limited Government. It is confined +to the exercise of powers expressly granted and such others as may be +necessary for carrying those powers into effect; and it is at all times an +especial duty to guard against any infringement on the just rights of the +States. Over the objects and subjects intrusted to Congress its legislative +authority is supreme. But here that authority ceases, and every citizen who +truly loves the Constitution and desires the continuance of its existence +and its blessings will resolutely and firmly resist any interference in +those domestic affairs which the Constitution has dearly and unequivocally +left to the exclusive authority of the States. And every such citizen will +also deprecate useless irritation among the several members of the Union +and all reproach and crimination tending to alienate one portion of the +country from another. The beauty of our system of government consists, and +its safety and durability must consist, in avoiding mutual collisions and +encroachments and in the regular separate action of all, while each is +revolving in its own distinct orbit. +</p> + +<p> +The Constitution has made it the duty of the President to take care that +the laws be faithfully executed. In a government like ours, in which all +laws are passed by a majority of the representatives of the people, and +these representatives are chosen for such short periods that any injurious +or obnoxious law can very soon be repealed, it would appear unlikely that +any great numbers should be found ready to resist the execution of the +laws. But it must be borne in mind that the country is extensive; that +there may be local interests or prejudices rendering a law odious in one +part which is not so in another, and that the thoughtless and +inconsiderate, misled by their passions or their imaginations, may be +induced madly to resist such laws as they disapprove. Such persons should +recollect that without law there can be no real practical liberty; that +when law is trampled under foot tyranny rules, whether it appears in the +form of a military despotism or of popular violence. The law is the only +sure protection of the weak and the only efficient restraint upon the +strong. When impartially and faithfully administered, none is beneath its +protection and none above its control. You, gentlemen, and the country may +be assured that to the utmost of my ability and to the extent of the power +vested in me I shall at all times and in all places take care that the laws +be faithfully executed. In the discharge of this duty, solemnly imposed +upon me by the Constitution and by my oath of office, I shall shrink from +no responsibility, and shall endeavor to meet events as they may arise with +firmness, as well as with prudence and discretion. +</p> + +<p> +The appointing power is one of the most delicate with which the Executive +is invested. I regard it as a sacred trust, to be exercised with the sole +view of advancing the prosperity and happiness of the people. It shall be +my effort to elevate the standard of official employment by selecting for +places of importance individuals fitted for the posts to which they are +assigned by their known integrity, talents, and virtues. In so extensive a +country, with so great a population, and where few persons appointed to +office can be known to the appointing power, mistakes will sometimes +unavoidably happen and unfortunate appointments be made notwithstanding the +greatest care. In such cases the power of removal may be properly +exercised; and neglect of duty or malfeasance in office will be no more +tolerated in individuals appointed by myself than in those appointed by +others. I am happy in being able to say that no unfavorable change in our +foreign relations has taken place since the message at the opening of the +last session of Congress. We are at peace with all nations and we enjoy in +an eminent degree the blessings of that peace in a prosperous and growing +commerce and in all the forms of amicable national intercourse. The +unexampled growth of the country, the present amount of its population, and +its ample means of self-protection assure for it the respect of all +nations, while it is trusted that its character for justice and a regard to +the rights of other States will cause that respect to be readily and +cheerfully paid. +</p> + +<p> +A convention was negotiated between the United States and Great Britain in +April last for facilitating and protecting the construction of a ship canal +between the Atlantic and Pacific oceans and for other purposes. The +instrument has since been ratified by the contracting parties, the exchange +of ratifications has been effected, and proclamation thereof has been duly +made. +</p> + +<p> +In addition to the stipulations contained in this convention, two other +objects remain to be accomplished between the contracting powers: First. +The designation and establishment of a free port at each end of the canal. +</p> + +<p> +Second. An agreement fixing the distance from the shore within which +belligerent maritime operations shall not be carried on. On these points +there is little doubt that the two Governments will come to an +understanding. +</p> + +<p> +The company of citizens of the United States who have acquired from the +State of Nicaragua the privilege of constructing a ship canal between the +two oceans through the territory of that State have made progress in their +preliminary arrangements. The treaty between the United States and Great +Britain of the 19th of April last, above referred to, being now in +operation, it is to be hoped that the guaranties which it offers will be +sufficient to secure the completion of the work with all practicable +expedition. It is obvious that this result would be indefinitely postponed +if any other than peaceful measures for the purpose of harmonizing +conflicting claims to territory in that quarter should be adopted. It will +consequently be my endeavor to cause any further negotiations on the part +of this Government which may be requisite for this purpose to be so +conducted as to bring them to a speedy and successful close. +</p> + +<p> +Some unavoidable delay has occurred, arising from distance and the +difficulty of intercourse between this Government and that of Nicaragua, +but as intelligence has just been received of the appointment of an envoy +extraordinary and minister plenipotentiary of that Government to reside at +Washington, whose arrival may soon be expected, it is hoped that no further +impediments will be experienced in the prompt transaction of business +between the two Governments. +</p> + +<p> +Citizens of the United States have undertaken the connection of the two +oceans by means of a railroad across the Isthmus of Tehuantepec, under +grants of the Mexican Government to a citizen of that Republic. It is +understood that a thorough survey of the course of the communication is in +preparation, and there is every reason to expect that it will be prosecuted +with characteristic energy, especially when that Government shall have +consented to such stipulations with the Government of the United States as +may be necessary to impart a feeling of security to those who may embark +their property in the enterprise. Negotiations are pending for the +accomplishment of that object, and a hope is confidently entertained that +when the Government of Mexico shall become duly sensible of the advantages +which that country can not fail to derive from the work, and learn that the +Government of the United States desires that the right of sovereignty of +Mexico in the Isthmus shall remain unimpaired, the stipulations referred to +will be agreed to with alacrity. +</p> + +<p> +By the last advices from Mexico it would appear, however, that that +Government entertains strong objections to some of the stipulations which +the parties concerned in the project of the railroad deem necessary for +their protection and security. Further consideration, it is to be hoped, or +some modification of terms, may yet reconcile the differences existing +between the two Governments in this respect. +</p> + +<p> +Fresh instructions have recently been given to the minister of the United +States in Mexico, who is prosecuting the subject with promptitude and +ability. +</p> + +<p> +Although the negotiations with Portugal for the payment of claims of +citizens of the United States against that Government have not yet resulted +in a formal treaty, yet a proposition, made by the Government of Portugal +for the final adjustment and payment of those claims, has recently been +accepted on the part of the United States. It gives me pleasure to say that +Mr. Clay, to whom the negotiation on the part of the United States had been +intrusted, discharged the duties of his appointment with ability and +discretion, acting always within the instructions of his Government. +</p> + +<p> +It is expected that a regular convention will be immediately negotiated for +carrying the agreement between the two Governments into effect. The +commissioner appointed under the act of Congress for carrying into effect +the convention with Brazil of the 27th of January, 1849, has entered upon +the performance of the duties imposed upon him by that act. It is hoped +that those duties may be completed within the time which it prescribes. The +documents, however, which the Imperial Government, by the third article of +the convention, stipulates to furnish to the Government of the United +States have not yet been received. As it is presumed that those documents +will be essential for the correct disposition of the claims, it may become +necessary for Congress to extend the period limited for the duration of the +commission. The sum stipulated by the fourth article of the convention to +be paid to this Government has been received. +</p> + +<p> +The collection in the ports of the United States of discriminating duties +upon the vessels of Chili and their cargoes has been suspended, pursuant to +the provisions of the act of Congress of the 24th of May, 1828. It is to be +hoped that this measure will impart a fresh impulse to the commerce between +the two countries, which of late, and especially since our acquisition of +California, has, to the mutual advantage of the parties, been much +augmented. +</p> + +<p> +Peruvian guano has become so desirable an article to the agricultural +interest of the United States that it is the duty of the Government to +employ all the means properly in its power for the purpose of causing that +article to be imported into the country at a reasonable price. Nothing will +be omitted on my part toward accomplishing this desirable end. I am +persuaded that in removing any restraints on this traffic the Peruvian +Government will promote its own best interests, while it will afford a +proof of a friendly disposition toward this country, which will be duly +appreciated. +</p> + +<p> +The treaty between the United States and His Majesty the King of the +Hawaiian Islands, which has recently been made public, will, it is +believed, have a beneficial effect upon the relations between the two +countries. +</p> + +<p> +The relations between those parts of the island of St. Domingo which were +formerly colonies of Spain and France, respectively, are still in an +unsettled condition. The proximity of that island to the United States and +the delicate questions involved in the existing controversy there render it +desirable that it should be permanently and speedily adjusted. The +interests of humanity and of general commerce also demand this; and as +intimations of the same sentiment have been received from other +governments, it is hoped that some plan may soon be devised to effect the +object in a manner likely to give general satisfaction. The Government of +the United States will not fail, by the exercise of all proper friendly +offices, to do all in its power to put an end to the destructive war which +has raged between the different parts of the island and to secure to them +both the benefits of peace and commerce. +</p> + +<p> +I refer you to the report of the Secretary of the Treasury for a detailed +statement of the finances. +</p> + +<p> +The total receipts into the Treasury for the year ending 30th of June last +were $47,421,748.90. The total expenditures during the same period were +$43,002,168.90. The public debt has been reduced since the last annual +report from the Treasury Department $495,276.79. +</p> + +<p> +By the nineteenth section of the act of 28th January, 1847, the proceeds of +the sales of the public lands were pledged for the interest and principal +of the public debt. The great amount of those lands subsequently granted by +Congress for military bounties will, it is believed, very nearly supply the +public demand for several years to come, and but little reliance can, +therefore, be placed on that hitherto fruitful source of revenue. Aside +from the permanent annual expenditures, which have necessarily largely +increased, a portion of the public debt, amounting to $8,075,986.59, must +be provided for within the next two fiscal years. It is most desirable that +these accruing demands should be met without resorting to new loans. +</p> + +<p> +All experience has demonstrated the wisdom and policy of raising a large +portion of revenue for the support of Government from duties on goods +imported. The power to lay these duties is unquestionable, and its chief +object, of course, is to replenish the Treasury. But if in doing this an +incidental advantage may be gained by encouraging the industry of our own +citizens, it is our duty to avail ourselves of that advantage. +</p> + +<p> +A duty laid upon an article which can not be produced in this country, such +as tea or coffee, adds to the cost of the article, and is chiefly or wholly +paid by the consumer. But a duty laid upon an article which may be produced +here stimulates the skill and industry of our own country to produce the +same article, which is brought into the market in competition with the +foreign article, and the importer is thus compelled to reduce his price to +that at which the domestic article can be sold, thereby throwing a part of +the duty upon the producer of the foreign article. The continuance of this +process creates the skill and invites the capital which finally enable us +to produce the article much cheaper than it could have been procured from +abroad, thereby benefiting both the producer and the consumer at home. The +consequence of this is that the artisan and the agriculturist are brought +together, each affords a ready market for the produce of the other, the +whole country becomes prosperous, and the ability to produce every +necessary of life renders us independent in war as well as in peace. +</p> + +<p> +A high tariff can never be permanent. It will cause dissatisfaction, and +will be changed. It excludes competition, and thereby invites the +investment of capital in manufactures to such excess that when changed it +brings distress, bankruptcy, and ruin upon all who have been misled by its +faithless protection. What the manufacturer wants is uniformity and +permanency, that he may feel a confidence that he is not to be ruined by +sudden exchanges. But to make a tariff uniform and permanent it is not only +necessary that the laws should not be altered, but that the duty should not +fluctuate. To effect this all duties should be specific wherever the nature +of the article is such as to admit of it. Ad valorem duties fluctuate with +the price and offer strong temptations to fraud and perjury. Specific +duties, on the contrary, are equal and uniform in all ports and at all +times, and offer a strong inducement to the importer to bring the best +article, as he pays no more duty upon that than upon one of inferior +quality. I therefore strongly recommend a modification of the present +tariff, which has prostrated some of our most important and necessary +manufactures, and that specific duties be imposed sufficient to raise the +requisite revenue, making such discriminations in favor of the industrial +pursuits of our own country as to encourage home production without +excluding foreign competition. It is also important that an unfortunate +provision in the present tariff, which imposes a much higher duty upon the +raw material that enters into our manufactures than upon the manufactured +article, should be remedied. +</p> + +<p> +The papers accompanying the report of the Secretary of the Treasury will +disclose frauds attempted upon the revenue, in variety and amount so great +as to justify the conclusion that it is impossible under any system of ad +valorem duties levied upon the foreign cost or value of the article to +secure an honest observance and an effectual administration of the laws. +The fraudulent devices to evade the law which have been detected by the +vigilance of the appraisers leave no room to doubt that similar impositions +not discovered, to a large amount, have been successfully practiced since +the enactment of the law now in force. This state of things has already had +a prejudicial influence upon those engaged in foreign commerce. It has a +tendency to drive the honest trader from the business of importing and to +throw that important branch of employment into the hands of unscrupulous +and dishonest men, who are alike regardless of law and the obligations of +an oath. By these means the plain intentions of Congress, as expressed in +the law, are daily defeated. Every motive of policy and duty, therefore, +impels me to ask the earnest attention of Congress to this subject. If +Congress should deem it unwise to attempt any important changes in the +system of levying duties at this session, it will become indispensable to +the protection of the revenue that such remedies as in the judgment of +Congress may mitigate the evils complained of should be at once applied. +</p> + +<p> +As before stated, specific duties would, in my opinion, afford the most +perfect remedy for this evil; but if you should not concur in this view, +then, as a partial remedy, I beg leave respectfully to recommend that +instead of taking the invoice of the article abroad as a means of +determining its value here, the correctness of which invoice it is in many +cases impossible to verify, the law be so changed as to require a home +valuation or appraisal, to be regulated in such manner as to give, as far +as practicable, uniformity in the several ports. +</p> + +<p> +There being no mint in California, I am informed that the laborers in the +mines are compelled to dispose of their gold dust at a large discount. This +appears to me to be a heavy and unjust tax upon the labor of those employed +in extracting this precious metal, and I doubt not you will be disposed at +the earliest period possible to relieve them from it by the establishment +of a mint. In the meantime, as an assayer's office is established there, I +would respectfully submit for your consideration the propriety of +authorizing gold bullion which has been assayed and stamped to be received +in payment of Government dues. I can not conceive that the Treasury would +suffer any loss by such a provision, which will at once raise bullion to +its par value, and thereby save (if I am rightly informed) many millions of +dollars to the laborers which are now paid in brokerage to convert this +precious metal into available funds. This discount upon their hard earnings +is a heavy tax, and every effort should be made by the Government to +relieve them from so great a burden. +</p> + +<p> +More than three-fourths of our population are engaged in the cultivation of +the soil. The commercial, manufacturing, and navigating interests are all +to a great extent dependent on the agricultural. It is therefore the most +important interest of the nation, and has a just claim to the fostering +care and protection of the Government so far as they can be extended +consistently with the provisions of the Constitution. As this can not be +done by the ordinary modes of legislation, I respectfully recommend the +establishment of an agricultural bureau, to be charged with the duty of +giving to this leading branch of American industry the encouragement which +it so well deserves. In view of the immense mineral resources of our +country, provision should also be made for the employment of a competent +mineralogist and chemist, who should be required, under the direction of +the head of the bureau, to collect specimens of the various minerals of our +country and to ascertain by careful analysis their respective elements and +properties and their adaptation to useful purposes. He should also be +required to examine and report upon the qualities of different soils and +the manures best calculated to improve their productiveness. By publishing +the results of such experiments, with suitable explanations, and by the +collection and distribution of rare seeds and plants, with instructions as +to the best system of cultivation, much may be done to promote this great +national interest. +</p> + +<p> +In compliance with the act of Congress passed on the 23d of May, 1850, +providing, among other things, for taking the Seventh Census, a +superintendent was appointed and all other measures adopted which were +deemed necessary to insure the prompt and faithful performance of that +duty. The appropriation already made will, it is believed, be sufficient to +defray the whole expense of the work, but further legislation may be +necessary in regard to the compensation of some of the marshals of the +Territories. It will also be proper to make provision by law at an early +day for the publication of such abstracts of the returns as the public +interests may require. +</p> + +<p> +The unprecedented growth of our territories on the Pacific in wealth and +population and the consequent increase of their social and commercial +relations with the Atlantic States seem to render it the duty of the +Government to use all its constitutional power to improve the means of +intercourse with them. The importance of opening "a line of communication, +the best and most expeditious of which the nature of the country will +admit," between the Valley of the Mississippi and the Pacific was brought +to your notice by my predecessor in his annual message; and as the reasons +which he presented in favor of the measure still exist in full force, I beg +leave to call your attention to them and to repeat the recommendations then +made by him. +</p> + +<p> +The uncertainty which exists in regard to the validity of land titles in +California is a subject which demands your early consideration. Large +bodies of land in that State are claimed under grants said to have been +made by authority of the Spanish and Mexican Governments. Many of these +have not been perfected, others have been revoked, and some are believed to +be fraudulent. But until they shall have been judicially investigated they +will continue to retard the settlement and improvement of the country. I +therefore respectfully recommend that provision be made by law for the +appointment of commissioners to examine all such claims with a view to +their final adjustment. +</p> + +<p> +I also beg leave to call your attention to the propriety of extending at an +early day our system of land laws, with such modifications as may be +necessary, over the State of California and the Territories of Utah and New +Mexico. The mineral lands of California will, of course, form an exception +to any general system which may be adopted. Various methods of disposing of +them have been suggested. I was at first inclined to favor the system of +leasing, as it seemed to promise the largest revenue to the Government and +to afford the best security against monopolies; but further reflection and +our experience in leasing the lead mines and selling lands upon credit have +brought my mind to the conclusion that there would be great difficulty in +collecting the rents, and that the relation of debtor and creditor between +the citizens and the Government would be attended with many mischievous +consequences. I therefore recommend that instead of retaining the mineral +lands under the permanent control of the Government they be divided into +small parcels and sold, under such restrictions as to quantity and time as +will insure the best price and guard most effectually against combinations +of capitalists to obtain monopolies. +</p> + +<p> +The annexation of Texas and the acquisition of California and New Mexico +have given increased importance to our Indian relations. The various tribes +brought under our jurisdiction by these enlargements of our boundaries are +estimated to embrace a population of 124,000. Texas and New Mexico are +surrounded by powerful tribes of Indians, who are a source of constant +terror and annoyance to the inhabitants. Separating into small predatory +bands, and always mounted, they overrun the country, devastating farms, +destroying crops, driving off whole herds of cattle, and occasionally +murdering the inhabitants or carrying them into captivity. The great roads +leading into the country are infested with them, whereby traveling is +rendered extremely dangerous and immigration is almost entirely arrested. +The Mexican frontier, which by the eleventh article of the treaty of +Guadalupe Hidalgo we are bound to protect against the Indians within our +border, is exposed to these incursions equally with our own. The military +force stationed in that country, although forming a large proportion of the +Army, is represented as entirely inadequate to our own protection and the +fulfillment of our treaty stipulations with Mexico. The principal +deficiency is in cavalry, and I recommend that Congress should, at as early +a period as practicable, provide for the raising of one or more regiments +of mounted men. +</p> + +<p> +For further suggestions on this subject and others connected with our +domestic interests and the defense of our frontier, I refer you to the +reports of the Secretary of the Interior and of the Secretary of War. +</p> + +<p> +I commend also to your favorable consideration the suggestion contained in +the last-mentioned report and in the letter of the General in Chief +relative to the establishment of an asylum for the relief of disabled and +destitute soldiers. This subject appeals so strongly to your sympathies +that it would be superfluous in me to say anything more than barely to +express my cordial approbation of the proposed object. +</p> + +<p> +The Navy continues to give protection to our commerce and other national +interests in the different quarters of the globe, and, with the exception +of a single steamer on the Northern lakes, the vessels in commission are +distributed in six different squadrons. +</p> + +<p> +The report of the head of that Department will exhibit the services of +these squadrons and of the several vessels employed in each during the past +year. It is a source of gratification that, while they have been constantly +prepared for any hostile emergency, they have everywhere met with the +respect and courtesy due as well to the dignity as to the peaceful +dispositions and just purposes of the nation. +</p> + +<p> +The two brigantines accepted by the Government from a generous citizen of +New York and placed under the command of an officer of the Navy to proceed +to the Arctic Seas in quest of the British commander Sir John Franklin and +his companions, in compliance with the act of Congress approved in May +last, had when last heard from penetrated into a high northern latitude; +but the success of this noble and humane enterprise is yet uncertain. +</p> + +<p> +I invite your attention to the view of our present naval establishment and +resources presented in the report of the Secretary of the Navy, and the +suggestions therein made for its improvement, together with the naval +policy recommended for the security of our Pacific Coast and the protection +and extension of our commerce with eastern Asia. Our facilities for a +larger participation in the trade of the East, by means of our recent +settlements on the shores of the Pacific, are too obvious to be overlooked +or disregarded. +</p> + +<p> +The questions in relation to rank in the Army and Navy and relative rank +between officers of the two branches of the service, presented to the +Executive by certain resolutions of the House of Representatives at the +last session of Congress, have been submitted to a board of officers in +each branch of the service, and their report may be expected at an early +day. +</p> + +<p> +I also earnestly recommend the enactment of a law authorizing officers of +the Army and Navy to be retired from the service when incompetent for its +vigorous and active duties, taking care to make suitable provision for +those who have faithfully served their country and awarding distinctions by +retaining in appropriate commands those who have been particularly +conspicuous for gallantry and good conduct. While the obligation of the +country to maintain and honor those who, to the exclusion of other +pursuits, have devoted themselves to its arduous service is acknowledged, +this obligation should not be permitted to interfere with the efficiency of +the service itself. +</p> + +<p> +I am gratified in being able to state that the estimates of expenditure for +the Navy in the ensuing year are less by more than $1,000,000 than those of +the present, excepting the appropriation which may become necessary for the +construction of a dock on the coast of the Pacific, propositions for which +are now being considered and on which a special report may be expected +early in your present session. +</p> + +<p> +There is an evident justness in the suggestion of the same report that +appropriations for the naval service proper should be separated from those +for fixed and permanent objects, such as building docks and navy yards and +the fixtures attached, and from the extraordinary objects under the care of +the Department which, however important, are not essentially naval. +</p> + +<p> +A revision of the code for the government of the Navy seems to require the +immediate consideration of Congress. Its system of crimes and punishments +had undergone no change for half a century until the last session, though +its defects have been often and ably pointed out; and the abolition of a +particular species of corporal punishment, which then took place, without +providing any substitute, has left the service in a state of defectiveness +which calls for prompt correction. I therefore recommend that the whole +subject be revised without delay and such a system established for the +enforcement of discipline as shall be at once humane and effectual. +</p> + +<p> +The accompanying report of the Postmaster-General presents a satisfactory +view of the operations and condition of that Department. At the close of +the last fiscal year the length of the inland mail routes in the United +States (not embracing the service in Oregon and California) was 178,672 +miles, the annual transportation thereon 46,541,423 miles, and the annual +cost of such transportation $2,724,426. The increase of the annual +transportation over that of the preceding year was 3,997,354 miles and the +increase in cost was $342,440. The number of post-offices in the United +States on the 1st day of July last was 18,417, being an increase of 1,670 +during the preceding year. +</p> + +<p> +The gross revenues of the Department for the fiscal year ending June 30, +1850, amounted to $5,552,971.48, including the annual appropriation of +$200,000 for the franked matter of the Departments and excluding the +foreign postages collected for and payable to the British Government. +</p> + +<p> +The expenditures for the same period were $5,212,953.43, leaving a balance +of revenue over expenditures of $340,018.05. +</p> + +<p> +I am happy to find that the fiscal condition of the Department is such as +to justify the Postmaster-General in recommending the reduction of our +inland letter postage to 3 cents the single letter when prepaid and 5 cents +when not prepaid. He also recommends that the prepaid rate shall be reduced +to 2 cents whenever the revenues of the Department, after the reduction, +shall exceed its expenditures by more than 5 per cent for two consecutive +years; that the postage upon California and other letters sent by our ocean +steamers shall be much reduced, and that the rates of postage on +newspapers, pamphlets, periodicals, and other printed matter shall be +modified and some reduction thereon made. +</p> + +<p> +It can not be doubted that the proposed reductions will for the present +diminish the revenues of the Department. It is believed that the +deficiency, after the surplus already accumulated shall be exhausted, may +be almost wholly met either by abolishing the existing privileges of +sending free matter through the mails or by paying out of the Treasury to +the Post-Office Department a sum equivalent to the postage of which it is +deprived by such privileges. The last is supposed to be the preferable +mode, and will, if not entirely, so nearly supply that deficiency as to +make any further appropriation that may be found necessary so +inconsiderable as to form no obstacle to the proposed reductions. +</p> + +<p> +I entertain no doubt of the authority of Congress to make appropriations +for leading objects in that class of public works comprising what are +usually called works of internal improvement. This authority I suppose to +be derived chiefly from the power of regulating commerce with foreign +nations and among the States and the power of laying and collecting +imposts. Where commerce is to be carried on and imposts collected there +must be ports and harbors as well as wharves and custom-houses. If ships +laden with valuable cargoes approach the shore or sail along the coast, +light-houses are necessary at suitable points for the protection of life +and property. Other facilities and securities for commerce and navigation +are hardly less important; and those clauses of the Constitution, +therefore, to which I have referred have received from the origin of the +Government a liberal and beneficial construction. Not only have +light-houses, buoys, and beacons been established and floating lights +maintained, but harbors have been cleared and improved, piers constructed, +and even breakwaters for the safety of shipping and sea walls to protect +harbors from being filled up and rendered useless by the action of the +ocean, have been erected at very great expense. And this construction of +the Constitution appears the more reasonable from the consideration that if +these works, of such evident importance and utility, are not to be +accomplished by Congress they can not be accomplished at all. By the +adoption of the Constitution the several States voluntarily parted with the +power of collecting duties of imposts in their own ports, and it is not to +be expected that they should raise money by internal taxation, direct or +indirect, for the benefit of that commerce the revenues derived from which +do not, either in whole or in part, go into their own treasuries. Nor do I +perceive any difference between the power of Congress to make +appropriations for objects of this kind on the ocean and the power to make +appropriations for similar objects on lakes and rivers, wherever they are +large enough to bear on their waters an extensive traffic. The magnificent +Mississippi and its tributaries and the vast lakes of the North and +Northwest appear to me to fall within the exercise of the power as justly +and as clearly as the ocean and the Gulf of Mexico. It is a mistake to +regard expenditures judiciously made for these objects as expenditures for +local purposes. The position or sight of the work is necessarily local, but +its utility is general. A ship canal around the Falls of St. Mary of less +than a mile in length, though local in its construction, would yet be +national in its purpose and its benefits, as it would remove the only +obstruction to a navigation of more than 1,000 miles, affecting several +States, as well as our commercial relations with Canada. So, too, the +breakwater at the mouth of the Delaware is erected, not for the exclusive +benefit of the States bordering on the bay and river of that name, but for +that of the whole coastwise navigation of the United States and, to a +considerable extent, also of foreign commerce. If a ship be lost on the bar +at the entrance of a Southern port for want of sufficient depth of water, +it is very likely to be a Northern ship; and if a steamboat be sunk in any +part of the Mississippi on account of its channel not having been properly +cleared of obstructions, it may be a boat belonging to either of eight or +ten States. I may add, as somewhat remarkable, that among all the +thirty-one States there is none that is not to a greater or less extent +bounded on the ocean, or the Gulf of Mexico, or one of the Great Lakes, or +some navigable river. +</p> + +<p> +In fulfilling our constitutional duties, fellow-citizens, on this subject, +as in carrying into effect all other powers conferred by the Constitution, +we should consider ourselves as deliberating and acting for one and the +same country, and bear constantly in mind that our regard and our duty are +due not to a particular part only, but to the whole. +</p> + +<p> +I therefore recommend that appropriations be made for completing such works +as have been already begun and for commencing such others as may seem to +the wisdom of Congress to be of public and general importance. +</p> + +<p> +The difficulties and delays incident to the settlement of private claims by +Congress amount in many cases to a denial of justice. There is reason to +apprehend that many unfortunate creditors of the Government have thereby +been unavoidably ruined. Congress has so much business of a public +character that it is impossible it should give much attention to mere +private claims, and their accumulation is now so great that many claimants +must despair of ever being able to obtain a hearing. It may well be doubted +whether Congress, from the nature of its organization, is properly +constituted to decide upon such cases. It is impossible that each member +should examine the merits of every claim on which he is compelled to vote, +and it is preposterous to ask a judge to decide a case which he has never +heard. Such decisions may, and frequently must, do injustice either to the +claimant or the Government, and I perceive no better remedy for this +growing evil than the establishment of some tribunal to adjudicate upon +such claims. I beg leave, therefore, most respectfully to recommend that +provision be made by law for the appointment of a commission to settle all +private claims against the United States; and as an ex parte hearing must +in all contested cases be very unsatisfactory, I also recommend the +appointment of a solicitor, whose duty it shall be to represent the +Government before such commission and protect it against all illegal, +fraudulent, or unjust claims which may be presented for their adjudication. +This District, which has neither voice nor vote in your deliberations, +looks to you for protection and aid, and I commend all its wants to your +favorable consideration, with a full confidence that you will meet them not +only with justice, but with liberality. It should be borne in mind that in +this city, laid out by Washington and consecrated by his name, is located +the Capitol of our nation, the emblem of our Union and the symbol of our +greatness. Here also are situated all the public buildings necessary for +the use of the Government, and all these are exempt from taxation. It +should be the pride of Americans to render this place attractive to the +people of the whole Republic and convenient and safe for the transaction of +the public business and the preservation of the public records. The +Government should therefore bear a liberal proportion of the burdens of all +necessary and useful improvements. And as nothing could contribute more to +the health, comfort, and safety of the city and the security of the public +buildings and records than an abundant supply of pure water, I respectfully +recommend that you make such provisions for obtaining the same as in your +wisdom you may deem proper. +</p> + +<p> +The act, passed at your last session, making certain propositions to Texas +for settling the disputed boundary between that State and the Territory of +New Mexico was, immediately on its passage, transmitted by express to the +governor of Texas, to be laid by him before the general assembly for its +agreement thereto. Its receipt was duly acknowledged, but no official +information has yet been received of the action of the general assembly +thereon. It may, however, be very soon expected, as, by the terms of the +propositions submitted they were to have been acted upon on or before the +first day of the present month. +</p> + +<p> +It was hardly to have been expected that the series of measures passed at +your last session with the view of healing the sectional differences which +had sprung from the slavery and territorial questions should at once have +realized their beneficent purpose. All mutual concession in the nature of a +compromise must necessarily be unwelcome to men of extreme opinions. And +though without such concessions our Constitution could not have been +formed, and can not be permanently sustained, yet we have seen them made +the subject of bitter controversy in both sections of the Republic. It +required many months of discussion and deliberation to secure the +concurrence of a majority of Congress in their favor. It would be strange +if they had been received with immediate approbation by people and States +prejudiced and heated by the exciting controversies of their +representatives. I believe those measures to have been required by the +circumstances and condition of the country. I believe they were necessary +to allay asperities and animosities that were rapidly alienating one +section of the country from another and destroying those fraternal +sentiments which are the strongest supports of the Constitution. They were +adopted in the spirit of conciliation and for the purpose of conciliation. +I believe that a great majority of our fellow citizens sympathize in that +spirit and that purpose, and in the main approve and are prepared in all +respects to sustain these enactments. I can not doubt that the American +people, bound together by kindred blood and common traditions, still +cherish a paramount regard for the Union of their fathers, and that they +are ready to rebuke any attempt to violate its integrity, to disturb the +compromises on which it is based, or to resist the laws which have been +enacted under its authority. +</p> + +<p> +The series of measures to which I have alluded are regarded by me as a +settlement in principle and substance--a final settlement of the dangerous +and exciting subjects which they embraced. Most of these subjects, indeed, +are beyond your reach, as the legislation which disposed of them was in its +character final and irrevocable. It may be presumed from the opposition +which they all encountered that none of those measures was free from +imperfections, but in their mutual dependence and connection they formed a +system of compromise the most conciliatory and best for the entire country +that could be obtained from conflicting sectional interests and opinions. +</p> + +<p> +For this reason I recommend your adherence to the adjustment established by +those measures until time and experience shall demonstrate the necessity of +further legislation to guard against evasion or abuse. +</p> + +<p> +By that adjustment we have been rescued from the wide and boundless +agitation that surrounded us, and have a firm, distinct, and legal ground +to rest upon. And the occasion, I trust, will justify me in exhorting my +countrymen to rally upon and maintain that ground as the best, if not the +only, means of restoring peace and quiet to the country and maintaining +inviolate the integrity of the Union. +</p> + +<p> +And now, fellow-citizens, I can not bring this communication to a close +without invoking you to join me in humble and devout thanks to the Great +Ruler of Nations for the multiplied blessings which He has graciously +bestowed upon us. His hand, so often visible in our preservation, has +stayed the pestilence, saved us from foreign wars and domestic +disturbances, and scattered plenty throughout the land. +</p> + +<p> +Our liberties, religions and civil, have been maintained, the fountains of +knowledge have all been kept open, and means of happiness widely spread and +generally enjoyed greater than have fallen to the lot of any other nation. +And while deeply penetrated with gratitude for the past, let us hope that +His all-wise providence will so guide our counsels as that they shall +result in giving satisfaction to our constituents, securing the peace of +the country, and adding new strength to the united Government under which +we live. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1851"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +Millard Fillmore<br /> +December 2, 1851<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</p> + +<p> +I congratulate you and our common constituency upon the favorable auspices +under which you meet for your first session. Our country is at peace with +all the world. The agitation which for a time threatened to disturb the +fraternal relations which make us one people is fast subsiding, and a year +of general prosperity and health has crowned the nation with unusual +blessings. None can look back to the dangers which are passed or forward to +the bright prospect before us without feeling a thrill of gratification, at +the same time that he must be impressed with a grateful sense of our +profound obligations to a beneficent Providence, whose paternal care is so +manifest in the happiness of this highly favored land. +</p> + +<p> +Since the close of the last Congress certain Cubans and other foreigners +resident in the United States, who were more or less concerned in the +previous invasion of Cuba, instead of being discouraged by its failure have +again abused the hospitality of this country by making it the scene of the +equipment of another military expedition against that possession of Her +Catholic Majesty, in which they were countenanced, aided, and joined by +citizens of the United States. On receiving intelligence that such designs +were entertained, I lost no time in issuing such instructions to the proper +officers of the United States as seemed to be called for by the occasion. +By the proclamation a copy of which is herewith submitted I also warned +those who might be in danger of being inveigled into this scheme of its +unlawful character and of the penalties which they would incur. For some +time there was reason to hope that these measures had sufficed to prevent +any such attempt. This hope, however, proved to be delusive. Very early in +the morning of the 3d of August a steamer called the Pampero departed from +New Orleans for Cuba, having on board upward of 400 armed men with evident +intentions to make war upon the authorities of the island. This expedition +was set on foot in palpable violation of the laws of the United States. Its +leader was a Spaniard, and several of the chief officers and some others +engaged in it were foreigners. The persons composing it, however, were +mostly citizens of the United States. +</p> + +<p> +Before the expedition set out, and probably before it was organized, a +slight insurrectionary movement, which appears to have been soon +suppressed, had taken place in the eastern quarter of Cuba. The importance +of this movement was, unfortunately, so much exaggerated in the accounts of +it published in this country that these adventurers seem to have been led +to believe that the Creole population of the island not only desired to +throw off the authority of the mother country, but had resolved upon that +step and had begun a well-concerted enterprise for effecting it. The +persons engaged in the expedition were generally young and ill informed. +The steamer in which they embarked left New Orleans stealthily and without +a clearance. After touching at Key West, she proceeded to the coast of +Cuba, and on the night between the 11th and 12th of August landed the +persons on board at Playtas, within about 20 leagues of Havana. +</p> + +<p> +The main body of them proceeded to and took possession of an inland village +6 leagues distant, leaving others to follow in charge of the baggage as +soon as the means of transportation could be obtained. The latter, having +taken up their line of march to connect themselves with the main body, and +having proceeded about 4 leagues into the country, were attacked on the +morning of the 13th by a body of Spanish troops, and a bloody conflict +ensued, after which they retreated to the place of disembarkation, where +about 50 of them obtained boats and reembarked therein. They were, however, +intercepted among the keys near the shore by a Spanish steamer cruising on +the coast, captured and carried to Havana, and after being examined before +a military court were sentenced to be publicly executed, and the sentence +was carried into effect on the 16th of August. +</p> + +<p> +On receiving information of what had occurred Commodore Foxhall A. Parker +was instructed to proceed in the steam frigate Saranac to Havana and +inquire into the charges against the persons executed, the circumstances +under which they were taken, and whatsoever referred to their trial and +sentence. Copies of the instructions from the Department of State to him +and of his letters to that Department are herewith submitted. +</p> + +<p> +According to the record of the examination, the prisoners all admitted the +offenses charged against them, of being hostile invaders of the island. At +the time of their trial and execution the main body of the invaders was +still in the field making war upon the Spanish authorities and Spanish +subjects. After the lapse of some days, being overcome by the Spanish +troops, they dispersed on the 24th of August. Lopez, their leader, was +captured some days after, and executed on the 1st of September. Many of his +remaining followers were killed or died of hunger and fatigue, and the rest +were made prisoners. Of these none appear to have been tried or executed. +Several of them were pardoned upon application of their friends and others, +and the rest, about 160 in number, were sent to Spain. Of the final +disposition made of these we have no official information. +</p> + +<p> +Such is the melancholy result of this illegal and ill-fated expedition. +Thus thoughtless young men have been induced by false and fraudulent +representations to violate the law of their country through rash and +unfounded expectations of assisting to accomplish political revolutions in +other states, and have lost their lives in the undertaking. Too severe a +judgment can hardly be passed by the indignant sense of the community upon +those who, being better informed themselves, have yet led away the ardor of +youth and an ill-directed love of political liberty. The correspondence +between this Government and that of Spain relating to this transaction is +herewith communicated. +</p> + +<p> +Although these offenders against the laws have forfeited the protection of +their country, yet the Government may, so far as consistent with its +obligations to other countries and its fixed purpose to maintain and +enforce the laws, entertain sympathy for their unoffending families and +friends, as well as a feeling of compassion for themselves. Accordingly, no +proper effort has been spared and none will be spared to procure the +release of such citizens of the United States engaged in this unlawful +enterprise as are now in confinement in Spain; but it is to be hoped that +such interposition with the Government of that country may not be +considered as affording any ground of expectation that the Government of +the United States will hereafter feel itself under any obligation of duty +to intercede for the liberation or pardon of such persons as are flagrant +offenders against the law of nations and the laws of the United States. +These laws must be executed. If we desire to maintain our respectability +among the nations of the earth, it behooves us to enforce steadily and +sternly the neutrality acts passed by Congress and to follow as far as may +be the violation of those acts with condign punishment. +</p> + +<p> +But what gives a peculiar criminality to this invasion of Cuba is that, +under the lead of Spanish subjects and with the aid of citizens of the +United States, it had its origin with many in motives of cupidity. Money +was advanced by individuals, probably in considerable amounts, to purchase +Cuban bonds, as they have been called, issued by Lopez, sold, doubtless, at +a very large discount, and for the payment of which the public lands and +public property of Cuba, of whatever kind, and the fiscal resources of the +people and government of that island, from whatever source to be derived, +were pledged, as well as the good faith of the government expected to be +established. All these means of payment, it is evident, were only to be +obtained by a process of bloodshed, war, and revolution. None will deny +that those who set on foot military expeditions against foreign states by +means like these are far more culpable than the ignorant and the +necessitous whom they induce to go forth as the ostensible parties in the +proceeding. These originators of the invasion of Cuba seem to have +determined with coolness and system upon an undertaking which should +disgrace their country, violate its laws, and put to hazard the lives of +ill-informed and deluded men. You will consider whether further legislation +be necessary to prevent the perpetration of such offenses in future. +</p> + +<p> +No individuals have a right to hazard the peace of the country or to +violate its laws upon vague notions of altering or reforming governments in +other states. This principle is not only reasonable in itself and in +accordance with public law, but is ingrafted into the codes of other +nations as well as our own. But while such are the sentiments of this +Government, it may be added that every independent nation must be presumed +to be able to defend its possessions against unauthorized individuals +banded together to attack them. The Government of the United States at all +times since its establishment has abstained and has sought to restrain the +citizens of the country from entering into controversies between other +powers, and to observe all the duties of neutrality. At an early period of +the Government, in the Administration of Washington, several laws were +passed for this purpose. The main provisions of these laws were reenacted +by the act of April, 1818, by which, amongst other things, it was declared +that-- +</p> + +<p> +If any person shall, within the territory or jurisdiction of the United +States, begin, or set on foot, or provide or prepare the means for, any +military expedition or enterprise to be carried on from thence against the +territory or dominions of any foreign prince or state, or of any colony, +district, or people, with whom the United States are at peace, every person +so offending shall be deemed guilty of a high misdemeanor, and shall be +fined not exceeding $3,000 and imprisoned not more than three years. +</p> + +<p> +And this law has been executed and enforced to the full extent of the power +of the Government from that day to this. +</p> + +<p> +In proclaiming and adhering to the doctrine of neutrality and +nonintervention, the United States have not followed the lead of other +civilized nations; they have taken the lead themselves and have been +followed by others. This was admitted by one of the most eminent of modern +British statesmen, who said in Parliament, while a minister of the Crown, +"that if he wished for a guide in a system of neutrality he should take +that laid down by America in the days of Washington and the secretaryship +of Jefferson;" and we see, in fact, that the act of Congress of 1818 was +followed the succeeding year by an act of the Parliament of England +substantially the same in its general provisions. Up to that time there had +been no similar law in England, except certain highly penal statutes passed +in the reign of George II, prohibiting English subjects from enlisting in +foreign service, the avowed object of which statutes was that foreign +armies, raised for the purpose of restoring the house of Stuart to the +throne, should not be strengthened by recruits from England herself. +</p> + +<p> +All must see that difficulties may arise in carrying the laws referred to +into execution in a country now having 3,000 or 4,000 miles of seacoast, +with an infinite number of ports and harbors and small inlets, from some of +which unlawful expeditious may suddenly set forth, without the knowledge of +Government, against the possessions of foreign states. +</p> + +<p> +"Friendly relations with all, but entangling alliances with none," has long +been a maxim with us. Our true mission is not to propagate our opinions or +impose upon other countries our form of government by artifice or force, +but to teach by example and show by our success, moderation, and justice +the blessings of self-government and the advantages of free institutions. +Let every people choose for itself and make and alter its political +institutions to suit its own condition and convenience. But while we avow +and maintain this neutral policy ourselves, we are anxious to see the same +forbearance on the part of other nations whose forms of government are +different from our own. The deep interest which we feel in the spread of +liberal principles and the establishment of free governments and the +sympathy with which we witness every struggle against oppression forbid +that we should be indifferent to a case in which the strong arm of a +foreign power is invoked to stifle public sentiment and repress the spirit +of freedom in any country. +</p> + +<p> +The Governments of Great Britain and France have issued orders to their +naval commanders on the West India station to prevent, by force if +necessary, the landing of adventurers from any nation on the island of Cuba +with hostile intent. The copy of a memorandum of a conversation on this +subject between the charge d'affaires of Her Britannic Majesty and the +Acting Secretary of State and of a subsequent note of the former to the +Department of State are herewith submitted, together with a copy of a note +of the Acting Secretary of State to the minister of the French Republic and +of the reply of the latter on the same subject. These papers will acquaint +you with the grounds of this interposition of two leading commercial powers +of Europe, and with the apprehensions, which this Government could not fail +to entertain, that such interposition, if carried into effect, might lead +to abuses in derogation of the maritime rights of the United States. The +maritime rights of the United States are founded on a firm, secure, and +well-defined basis; they stand upon the ground of national independence and +public law, and will be maintained in all their full and just extent. The +principle which this Government has heretofore solemnly announced it still +adheres to, and will maintain under all circumstances and at all hazards. +That principle is that in every regularly documented merchant vessel the +crew who navigate it and those on board of it will find their protection in +the flag which is over them. No American ship can be allowed to be visited +or searched for the purpose of ascertaining the character of individuals on +board, nor can there be allowed any watch by the vessels of any foreign +nation over American vessels on the coast of the United States or the seas +adjacent thereto. It will be seen by the last communication from the +British charge d'affaires to the Department of State that he is authorized +to assure the Secretary of State that every care will be taken that in +executing the preventive measures against the expeditions which the United +States Government itself has denounced as not being entitled to the +protection of any government no interference shall take place with the +lawful commerce of any nation. +</p> + +<p> +In addition to the correspondence on this subject herewith submitted, +official information has been received at the Department of State of +assurances by the French Government that in the orders given to the French +naval forces they were expressly instructed, in any operations they might +engage in, to respect the flag of the United States wherever it might +appear, and to commit no act of hostility upon any vessel or armament under +its protection. +</p> + +<p> +Ministers and consuls of foreign nations are the means and agents of +communication between us and those nations, and it is of the utmost +importance that while residing in the country they should feel a perfect +security so long as they faithfully discharge their respective duties and +are guilty of no violation of our laws. This is the admitted law of nations +and no country has a deeper interest in maintaining it than the United +States. Our commerce spreads over every sea and visits every clime, and our +ministers and consuls are appointed to protect the interests of that +commerce as well as to guard the peace of the country and maintain the +honor of its flag. But how can they discharge these duties unless they be +themselves protected? And if protected it must be by the laws of the +country in which they reside. And what is due to our own public +functionaries residing in foreign nations is exactly the measure of what is +due to the functionaries of other governments residing here. As in war the +bearers of flags of truce are sacred, or else wars would be interminable, +so in peace ambassadors, public ministers, and consuls, charged with +friendly national intercourse, are objects of especial respect and +protection, each according to the rights belonging to his rank and station. +In view of these important principles, it is with deep mortification and +regret I announce to you that during the excitement growing out of the +executions at Havana the office of Her Catholic Majesty's consul at New +Orleans was assailed by a mob, his property destroyed, the Spanish flag +found in the office carried off and torn in pieces, and he himself induced +to flee for his personal safety, which he supposed to be in danger. On +receiving intelligence of these events I forthwith directed the attorney of +the United States residing at New Orleans to inquire into the facts and the +extent of the pecuniary loss sustained by the consul, with the intention of +laying them before you, that you might make provision for such indemnity to +him as a just regard for the honor of the nation and the respect which is +due to a friendly power might, in your judgment, seem to require. The +correspondence upon this subject between the Secretary of State and Her +Catholic Majesty's minister plenipotentiary is herewith transmitted. +</p> + +<p> +The occurrence at New Orleans has led me to give my attention to the state +of our laws in regard to foreign ambassadors, ministers, and consuls. I +think the legislation of the country is deficient in not providing +sufficiently either for the protection or the punishment of consuls. I +therefore recommend the subject to the consideration of Congress. +</p> + +<p> +Your attention is again invited to the question of reciprocal trade between +the United States and Canada and other British possessions near our +frontier. Overtures for a convention upon this subject have been received +from Her Britannic Majesty's minister plenipotentiary, but it seems to be +in many respects preferable that the matter should be regulated by +reciprocal legislation. Documents are laid before you showing the terms +which the British Government is willing to offer and the measures which it +may adopt if some arrangement upon this subject shall not be made. +</p> + +<p> +From the accompanying copy of a note from the British legation at +Washington and the reply of the Department of State thereto it will appear +that Her Britannic Majesty's Government is desirous that a part of the +boundary line between Oregon and the British possessions should be +authoritatively marked out, and that an intention was expressed to apply to +Congress for an appropriation to defray the expense thereof on the part of +the United States. Your attention to this subject is accordingly invited +and a proper appropriation recommended. A convention for the adjustment of +claims of citizens of the United States against Portugal has been concluded +and the ratifications have been exchanged. The first installment of the +amount to be paid by Portugal fell due on the 30th of September last and +has been paid. The President of the French Republic, according to the +provisions of the convention, has been selected as arbiter in the case of +the General Armstrong, and has signified that he accepts the trust and the +high satisfaction he feels in acting as the common friend of two nations +with which France is united by sentiments of sincere and lasting amity. +</p> + +<p> +The Turkish Government has expressed its thanks for the kind reception +given to the Sultan's agent, Amin Bey, on the occasion of his recent visit +to the United States. On the 28th of February last a dispatch was addressed +by the Secretary of State to Mr. Marsh, the American minister at +Constantinople, instructing him to ask of the Turkish Government permission +for the Hungarians then imprisoned within the dominions of the Sublime +Porte to remove to this country. On the 3d of March last both Houses of +Congress passed a resolution requesting the President to authorize the +employment of a public vessel to convey to this country Louis Kossuth and +his associates in captivity. The instruction above referred to was complied +with, and the Turkish Government having released Governor Kossuth and his +companions from prison, on the 10th of September last they embarked on +board of the United States steam frigate Mississippi, which was selected to +carry into effect the resolution of Congress. Governor Kossuth left the +Mississippi at Gibraltar for the purpose of making a visit to England, and +may shortly be expected in New York. By communications to the Department of +State he has expressed his grateful acknowledgments for the interposition +of this Government in behalf of himself and his associates. This country +has been justly regarded as a safe asylum for those whom political events +have exiled from their own homes in Europe. and it is recommended to +Congress to consider in what manner Governor Kossuth and his companions, +brought hither by its authority, shall be received and treated. +</p> + +<p> +It is earnestly to be hoped that the differences which have for some time +past been pending between the Government of the French Republic and that of +the Sandwich Islands may be peaceably and durably adjusted so as to secure +the independence of those islands. Long before the events which have of +late imparted so much importance to the possessions of the United States on +the Pacific we acknowledged the independence of the Hawaiian Government. +This Government was first in taking that step, and several of the leading +powers of Europe immediately followed. We were influenced in this measure +by the existing and prospective importance of the islands as a place of +refuge and refreshment for our vessels engaged in the whale fishery, and by +the consideration that they lie in the course of the great trade which must +at no distant day be carried on between the western coast of North America +and eastern Asia. +</p> + +<p> +We were also influenced by a desire that those islands should not pass +under the control of any other great maritime state, but should remain in +an independent condition, and so be accessible and useful to the commerce +of all nations. I need not say that the importance of these considerations +has been greatly enhanced by the sudden and vast development which the +interests of the United States have attained in California and Oregon, and +the policy heretofore adopted in regard to those islands will be steadily +pursued. +</p> + +<p> +It is gratifying, not only to those who consider the commercial interests +of nations, but also to all who favor the progress of knowledge and the +diffusion of religion, to see a community emerge from a savage state and +attain such a degree of civilization in those distant seas. It is much to +be deplored that the internal tranquillity of the Mexican Republic should +again be seriously disturbed, for since the peace between that Republic and +the United States it had enjoyed such comparative repose that the most +favorable anticipations for the future might with a degree of confidence +have been indulged. These, however, have been thwarted by the recent +outbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. +Having received information that persons from the United States had taken +part in the insurrection, and apprehending that their example might be +followed by others, I caused orders to be issued for the purpose of +preventing any hostile expeditions against Mexico from being set on foot in +violation of the laws of the United States. I likewise issued a +proclamation upon the subject, a copy of which is herewith laid before you. +This appeared to be rendered imperative by the obligations of treaties and +the general duties of good neighborhood. +</p> + +<p> +In my last annual message I informed Congress that citizens of the United +States had undertaken the connection of the two oceans by means of a +railroad across the Isthmus of Tehuantepec, under a grant of the Mexican +Government to a citizen of that Republic, and that this enterprise would +probably be prosecuted with energy whenever Mexico should consent to such +stipulations with the Government of the United States as should impart a +feeling of security to those who should invest their property in the +enterprise. A convention between the two Governments for the accomplishment +of that end has been ratified by this Government, and only awaits the +decision of the Congress and the Executive of that Republic. +</p> + +<p> +Some unexpected difficulties and delays have arisen in the ratification of +that convention by Mexico, but it is to be presumed that her decision will +be governed by just and enlightened views, as well of the general +importance of the object as of her own interests and obligations. +</p> + +<p> +In negotiating upon this important subject this Government has had in view +one, and only one, object. That object has been, and is, the construction +or attainment of a passage from ocean to ocean, the shortest and the best +for travelers and merchandise, and equally open to all the world. It has +sought to obtain no territorial acquisition, nor any advantages peculiar to +itself; and it would see with the greatest regret that Mexico should oppose +any obstacle to the accomplishment of an enterprise which promises so much +convenience to the whole commercial world and such eminent advantages to +Mexico herself. Impressed with these sentiments and these convictions, the +Government will continue to exert all proper efforts to bring about the +necessary arrangement with the Republic of Mexico for the speedy completion +of the work. For some months past the Republic of Nicaragua has been the +theater of one of those civil convulsions from which the cause of free +institutions and the general prosperity and social progress of the States +of Central America have so often and so severely suffered. Until quiet +shall have been restored and a government apparently stable shall have been +organized, no advance can prudently be made in disposing of the questions +pending between the two countries. +</p> + +<p> +I am happy to announce that an interoceanic communication from the mouth of +the St. John to the Pacific has been so far accomplished as that passengers +have actually traversed it and merchandise has been transported over it, +and when the canal shall have been completed according to the original plan +the means of communication will be further improved. It is understood that +a considerable part of the railroad across the Isthmus of Panama has been +completed, and that the mail and passengers will in future be conveyed +thereon. Whichever of the several routes between the two oceans may +ultimately prove most eligible for travelers to and from the different +States on the Atlantic and Gulf of Mexico and our coast on the Pacific, +there is little reason to doubt that all of them will be useful to the +public, and will liberally reward that individual enterprise by which alone +they have been or are expected to be carried into effect. Peace has been +concluded between the contending parties in the island of St. Domingo, and, +it is hoped, upon a durable basis. Such is the extent of our commercial +relations with that island that the United States can not fail to feel a +strong interest in its tranquillity. The office of commissioner to China +remains unfilled. Several persons have been appointed, and the place has +been offered to others, all of whom have declined its acceptance on the +ground of the inadequacy of the compensation. The annual allowance by law +is $6,000, and there is no provision for any outfit. I earnestly recommend +the consideration of this subject to Congress. Our commerce with China is +highly important, and is becoming more and more so in consequence of the +increasing intercourse between our ports on the Pacific Coast and eastern +Asia. China is understood to be a country in which living is very +expensive, and I know of no reason why the American commissioner sent +thither should not be placed, in regard to compensation, on an equal +footing with ministers who represent this country at the Courts of Europe. +</p> + +<p> +By reference to the report of the Secretary of the Treasury it will be seen +that the aggregate receipts for the last fiscal year amounted to +$52,312,979.87, which, with the balance in the Treasury on the 1st July, +1850, gave as the available means for the year the sum of $58,917,524.36. +</p> + +<p> +The total expenditures for the same period were $48,005,878.68. The total +imports for the year ending June 30, 1851, were $215,725,995, of which +there were in specie $4,967,901. The exports for the same period were +$217,517,130, of which there were of domestic products $178,546,555; +foreign goods reexported, $9,738,695; specie, $29,231,880. +</p> + +<p> +Since the 1st of December last the payments in cash on account of the +public debt, exclusive of interest, have amounted to $7,501,456.56, which, +however, includes the sum of $3,242,400, paid under the twelfth article of +the treaty with Mexico, and the further sum of $2,591,213.45, being the +amount of awards to American citizens under the late treaty with Mexico, +for which the issue of stock was authorized, but which was paid in cash +from the Treasury. +</p> + +<p> +The public debt on the 20th ultimo, exclusive of the stock authorized to be +issued to Texas by the act of 9th September, 1850, was $62,560,395.26. +</p> + +<p> +The receipts for the next fiscal year are estimated at $51,800,000, which, +with the probable unappropriated balance in the Treasury on the 30th June +next, will give as the probable available means for that year the sum of +$63,258,743.09. +</p> + +<p> +It has been deemed proper, in view of the large expenditures consequent +upon the acquisition of territory from Mexico, that the estimates for the +next fiscal year should be laid before Congress in such manner as to +distinguish the expenditures so required from the otherwise ordinary +demands upon the Treasury. +</p> + +<p> +The total expenditures for the next fiscal year are estimated at +$42,892,299.19, of which there is required for the ordinary purposes of the +Government, other than those consequent upon the acquisition of our new +territories, and deducting the payments on account of the public debt, the +sum of $33,343,198.08, and for the purposes connected, directly or +indirectly, with those territories and in the fulfillment of the +obligations of the Government contracted in consequence of their +acquisition the sum of $9,549,101.11. +</p> + +<p> +If the views of the Secretary of the Treasury in reference to the +expenditures required for these territories shall be met by corresponding +action on the part of Congress, and appropriations made in accordance +therewith, there will be an estimated unappropriated balance in the +Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to meet that +portion of the public debt due on the 1st of July following, amounting to +$6,237,931.35, as well as any appropriations which may be made beyond the +estimates. +</p> + +<p> +In thus referring to the estimated expenditures on account of our newly +acquired territories, I may express the hope that Congress will concur with +me in the desire that a liberal course of policy may be pursued toward +them, and that every obligation, express or implied, entered into in +consequence of their acquisition shall be fulfilled by the most liberal +appropriations for that purpose. +</p> + +<p> +The values of our domestic exports for the last fiscal year, as compared +with those of the previous year, exhibit an increase of $43,646,322. At +first view this condition of our trade with foreign nations would seem to +present the most flattering hopes of its future prosperity. An examination +of the details of our exports, however, will show that the increased value +of our exports for the last fiscal year is to be found in the high price of +cotton which prevailed during the first half of that year, which price has +since declined about one-half. +</p> + +<p> +The value of our exports of breadstuffs and provisions, which it was +supposed the incentive of a low tariff and large importations from abroad +would have greatly augmented, has fallen from $68,701,921 in 1847 to +$26,051,373 in 1850 and to $21,948,653 in 1851, with a strong probability, +amounting almost to a certainty, of a still further reduction in the +current year. +</p> + +<p> +The aggregate values of rice exported during the last fiscal year, as +compared with the previous year, also exhibit a decrease, amounting to +$460,917, which, with a decline in the values of the exports of tobacco for +the same period, make an aggregate decrease in these two articles of +$1,156,751. +</p> + +<p> +The policy which dictated a low rate of duties on foreign merchandise, it +was thought by those who promoted and established it, would tend to benefit +the farming population of this country by increasing the demand and raising +the price of agricultural products in foreign markets. +</p> + +<p> +The foregoing facts, however, seem to show incontestably that no such +result has followed the adoption of this policy. On the contrary, +notwithstanding the repeal of the restrictive corn laws in England, the +foreign demand for the products of the American farmer has steadily +declined, since the short crops and consequent famine in a portion of +Europe have been happily replaced by full crops and comparative abundance +of food. +</p> + +<p> +It will be seen by recurring to the commercial statistics for the past year +that the value of our domestic exports has been increased in the single +item of raw cotton by $40,000,000 over the value of that export for the +year preceding. This is not due to any increased general demand for that +article, but to the short crop of the preceding year, which created an +increased demand and an augmented price for the crop of last year. Should +the cotton crop now going forward to market be only equal in quantity to +that of the year preceding and be sold at the present prices, then there +would be a falling off in the value of our exports for the present fiscal +year of at least $40,000,000 compared with the amount exported for the year +ending 30th June, 1851. +</p> + +<p> +The production of gold in California for the past year seems to promise a +large supply of that metal from that quarter for some time to come. This +large annual increase of the currency of the world must be attended with +its usual results. These have been already partially disclosed in the +enhancement of prices and a rising spirit of speculation and adventure, +tending to overtrading, as well at home as abroad. Unless some salutary +check shall be given to these tendencies it is to be feared that +importations of foreign goods beyond a healthy demand in this country will +lead to a sudden drain of the precious metals from us, bringing with it, as +it has done in former times, the most disastrous consequences to the +business and capital of the American people. +</p> + +<p> +The exports of specie to liquidate our foreign debt during the past fiscal +year have been $24,963,979 over the amount of specie imported. The exports +of specie during the first quarter of the present fiscal year have been +$14,651,827. Should specie continue to be exported at this rate for the +remaining three quarters of this year, it will drain from our metallic +currency during the year ending 30th June, 1852, the enormous amount of +$58,607,308. +</p> + +<p> +In the present prosperous condition of the national finances it will become +the duty of Congress to consider the best mode of paying off the public +debt. If the present and anticipated surplus in the Treasury should not be +absorbed by appropriations of an extraordinary character, this surplus +should be employed in such way and under such restrictions as Congress may +enact in extinguishing the outstanding debt of the nation. +</p> + +<p> +By reference to the act of Congress approved 9th September, 1850, it will +be seen that, in consideration of certain concessions by the State of +Texas, it is provided that-- +</p> + +<p> +The United States shall pay to the State of Texas the sum of $10,000,000 in +a stock bearing 5 per cent interest and redeemable at the end of fourteen +years, the interest payable half-yearly at the Treasury of the United +States. +</p> + +<p> +In the same section of the law it is further provided-- +</p> + +<p> +That no more than five millions of said stock shall be issued until the +creditors of the State holding bonds and other certificates of stock of +Texas, for which duties on imports were specially pledged, shall first file +at the Treasury of the United States releases of all claims against the +United States for or on account of said bonds or certificates, in such form +as shall be prescribed by the Secretary of the Treasury and approved by the +President of the United States. +</p> + +<p> +The form of release thus provided for has been prescribed by the Secretary +of the Treasury and approved. It has been published in all the leading +newspapers in the commercial cities of the United States, and all persons +holding claims of the kind specified in the foregoing proviso were required +to file their releases (in the form thus prescribed) in the Treasury of the +United States on or before the 1st day of October, 1851. Although this +publication has been continued from the 25th day of March, 1851, yet up to +the 1st of October last comparatively few releases had been filed by the +creditors of Texas. +</p> + +<p> +The authorities of the State of Texas, at the request of the Secretary of +the Treasury, have furnished a schedule of the public debt of that State +created prior to her admission into the Union, with a copy of the laws +under which each class was contracted. I have, from the documents furnished +by the State of Texas, determined the classes of claims which in my +judgment fall within the provisions of the act of Congress of the 9th of +September, 1850. +</p> + +<p> +On being officially informed of the acceptance by Texas of the propositions +contained in the act referred to I caused the stock to be prepared, and the +five millions which are to be issued unconditionally, bearing an interest +of 5 per cent from the 1st day of January, 1851, have been for some time +ready to be delivered to the State of Texas. The authorities of Texas up to +the present time have not authorized anyone to receive this stock, and it +remains in the Treasury Department subject to the order of Texas. The +releases required by law to be deposited in the Treasury not having been +filed there, the remaining five millions have not been issued. This last +amount of the stock will be withheld from Texas until the conditions upon +which it is to be delivered shall be complied with by the creditors of that +State, unless Congress shall otherwise direct by a modification of the +law. +</p> + +<p> +In my last annual message, to which I respectfully refer, I stated briefly +the reasons which induced me to recommend a modification of the present +tariff by converting the ad valorem into a specific duty wherever the +article imported was of such a character as to permit it, and that such a +discrimination should be made in favor of the industrial pursuits of our +own country as to encourage home production without excluding foreign +competition. +</p> + +<p> +The numerous frauds which continue to be practiced upon the revenue by +false invoices and undervaluations constitute an unanswerable reason for +adopting specific instead of ad valorem duties in all cases where the +nature of the commodity does not forbid it. A striking illustration of +these frauds will be exhibited in the report of the Secretary of the +Treasury, showing the custom-house valuation of articles imported under a +former law, subject to specific duties, when there was no inducement to +undervaluation, and the custom-house valuations of the same articles under +the present system of ad valorem duties, so greatly reduced as to leave no +doubt of the existence of the most flagrant abuses under the existing laws. +This practical evasion of the present law, combined with the languishing +condition of some of the great interests of the country, caused by over +importations and consequent depressed prices, and with the failure in +obtaining a foreign market for our increasing surplus of breadstuffs and +provisions, has induced me again to recommend a modification of the +existing tariff. The report of the Secretary of the Interior, which +accompanies this communication, will present a condensed statement of the +operations of that important Department of the Government. +</p> + +<p> +It will be seen that the cash sales of the public lands exceed those of the +preceding year, and that there is reason to anticipate a still further +increase, notwithstanding the large donations which have been made to many +of the States and the liberal grants to individuals as a reward for +military services. This fact furnishes very gratifying evidence of the +growing wealth and prosperity of our country. +</p> + +<p> +Suitable measures have been adopted for commencing the survey of the public +lands in California and Oregon. Surveying parties have been organized and +some progress has been made in establishing the principal base and meridian +lines. But further legislation and additional appropriations will be +necessary before the proper subdivisions can be made and the general land +system extended over those remote parts of our territory. +</p> + +<p> +On the 3d of March last an act was passed providing for the appointment of +three commissioners to settle private land claims in California. Three +persons were immediately appointed, all of whom, however, declined +accepting the office in consequence of the inadequacy of the compensation. +Others were promptly selected, who for the same reason also declined, and +it was not until late in the season that the services of suitable persons +could be secured. A majority of the commissioners convened in this city on +the 10th of September last, when detailed instructions were given to them +in regard to their duties. Their first meeting for the transaction of +business will be held in San Francisco on the 8th day of the present +month. +</p> + +<p> +I have thought it proper to refer to these facts, not only to explain the +causes of the delay in filling the commission, but to call your attention +to the propriety of increasing the compensation of the commissioners. The +office is one of great labor and responsibility, and the compensation +should be such as to command men of a high order of talents and the most +unquestionable integrity. +</p> + +<p> +The proper disposal of the mineral lands of California is a subject +surrounded by great difficulties. In my last annual message I recommended +the survey and sale of them in small parcels under such restrictions as +would effectually guard against monopoly and speculation; but upon further +information, and in deference to the opinions of persons familiar with the +subject, I am inclined to change that recommendation and to advise that +they be permitted to remain as at present, a common field, open to the +enterprise and industry of all our citizens, until further experience shall +have developed the best policy to be ultimately adopted in regard to them. +It is safer to suffer the inconveniences that now exist for a short period +than by premature legislation to fasten on the country a system founded in +error, which may place the whole subject beyond the future control of +Congress. +</p> + +<p> +The agricultural lands should, however, be surveyed and brought into market +with as little delay as possible, that the titles may become settled and +the inhabitants stimulated to make permanent improvements and enter on the +ordinary pursuits of life. To effect these objects it is desirable that the +necessary provision be made by law for the establishment of land offices in +California and Oregon and for the efficient prosecution of the surveys at +an early day. +</p> + +<p> +Some difficulties have occurred in organizing the Territorial governments +of New Mexico and Utah, and when more accurate information shall be +obtained of the causes a further communication will be made on that +subject. +</p> + +<p> +In my last annual communication to Congress I recommended the establishment +of an agricultural bureau, and I take this occasion again to invoke your +favorable consideration of the subject. +</p> + +<p> +Agriculture may justly be regarded as the great interest of our people. +Four-fifths of our active population are employed in the cultivation of the +soil, and the rapid expansion of our settlements over new territory is +daily adding to the number of those engaged in that vocation. Justice and +sound policy, therefore, alike require that the Government should use all +the means authorized by the Constitution to promote the interests and +welfare of that important class of our fellow-citizens. And yet it is a +singular fact that whilst the manufacturing and commercial interests have +engaged the attention of Congress during a large portion of every session +and our statutes abound in provisions for their protection and +encouragement, little has yet been done directly for the advancement of +agriculture. It is time that this reproach to our legislation should be +removed, and I sincerely hope that the present Congress will not close +their labors without adopting efficient means to supply the omissions of +those who have preceded them. +</p> + +<p> +An agricultural bureau, charged with the duty of collecting and +disseminating correct information as to the best modes of cultivation and +of the most effectual means of preserving and restoring the fertility of +the soil and of procuring and distributing seeds and plants and other +vegetable productions, with instructions in regard to the soil, climate, +and treatment best adapted to their growth, could not fail to be, in the +language of Washington in his last annual message to Congress, a "very +cheap instrument of immense national benefit." +</p> + +<p> +Regarding the act of Congress approved 28th September, 1850, granting +bounty lands to persons who had been engaged in the military service of the +country, as a great measure of national justice and munificence, an anxious +desire has been felt by the officers intrusted with its immediate execution +to give prompt effect to its provisions. All the means within their control +were therefore brought into requisition to expedite the adjudication of +claims, and I am gratified to be able to state that near 100,000 +applications have been considered and about 70,000 warrants issued within +the short space of nine months. If adequate provision be made by law to +carry into effect the recommendations of the Department, it is confidently +expected that before the close of the next fiscal year all who are entitled +to the benefits of the act will have received their warrants. +</p> + +<p> +The Secretary of the Interior has suggested in his report various +amendments of the laws relating to pensions and bounty lands for the +purpose of more effectually guarding against abuses and frauds on the +Government, to all of which I invite your particular attention. The large +accessions to our Indian population consequent upon the acquisition of New +Mexico and California and the extension of our settlements into Utah and +Oregon have given increased interest and importance to our relations with +the aboriginal race. No material change has taken place within the last +year in the condition and prospects of the Indian tribes who reside in the +Northwestern Territory and west of the Mississippi River. We are at peace +with all of them, and it will be a source of pleasure to you to learn that +they are gradually advancing in civilization and the pursuits of social +life. +</p> + +<p> +Along the Mexican frontier and in California and Oregon there have been +occasional manifestations of unfriendly feeling and some depredations +committed. I am satisfied, however, that they resulted more from the +destitute and starving condition of the Indians than from any settled +hostility toward the whites. As the settlements of our citizens progress +toward them, the game, upon which they mainly rely for subsistence, is +driven off or destroyed, and the only alternative left to them is +starvation or plunder. It becomes us to consider, in view of this condition +of things, whether justice and humanity, as well as an enlightened economy, +do not require that instead of seeking to punish them for offenses which +are the result of our own policy toward them we should not provide for +their immediate wants and encourage them to engage in agriculture and to +rely on their labor instead of the chase for the means of support. +</p> + +<p> +Various important treaties have been negotiated with different tribes +during the year, by which their title to large and valuable tracts of +country has been extinguished, all of which will at the proper time be +submitted to the Senate for ratification. +</p> + +<p> +The joint commission under the treaty of Guadalupe Hidalgo has been +actively engaged in running and marking the boundary line between the +United States and Mexico. It was stated in the last annual report of the +Secretary of the Interior that the initial point on the Pacific and the +point of junction of the Gila with the Colorado River had been determined +and the intervening line, about 150 miles in length, run and marked by +temporary monuments. Since that time a monument of marble has been erected +at the initial point, and permanent landmarks of iron have been placed at +suitable distances along the line. +</p> + +<p> +The initial point on the Rio Grande has also been fixed by the +commissioners, at latitude 32 degrees 22', and at the date of the last +communication the survey of the line had been made thence westward about +150 miles to the neighborhood of the copper mines. The commission on our +part was at first organized on a scale which experience proved to be +unwieldy and attended with unnecessary expense. Orders have therefore been +issued for the reduction of the number of persons employed within the +smallest limits consistent with the safety of those engaged in the service +and the prompt and efficient execution of their important duties. +</p> + +<p> +Returns have been received from all the officers engaged in taking the +census in the States and Territories except California. The superintendent +employed to make the enumeration in that State has not yet made his full +report, from causes, as he alleges, beyond his control. This failure is +much to be regretted, as it has prevented the Secretary of the Interior +from making the decennial apportionment of Representatives among the +States, as required by the act approved May 23, 1850. It is hoped, however, +that the returns will soon be received, and no time will then be lost in +making the necessary apportionment and in transmitting the certificates +required by law. +</p> + +<p> +The Superintendent of the Seventh Census is diligently employed, under the +direction of the Secretary of the Interior, in classifying and arranging in +tabular form all the statistical information derived from the returns of +the marshals, and it is believed that when the work shall be completed it +will exhibit a more perfect view of the population, wealth, occupations, +and social condition of a great country than has ever been presented to the +world. The value of such a work as the basis of enlightened legislation can +hardly be overestimated, and I earnestly hope that Congress will lose no +time in making the appropriations necessary to complete the classifications +and to publish the results in a style worthy of the subject and of our +national character. +</p> + +<p> +The want of a uniform fee bill, prescribing the compensation to be allowed +district attorneys, clerks, marshals, and commissioners in civil and +criminal cases, is the cause of much vexation, injustice, and complaint. I +would recommend a thorough revision of the laws on the whole subject and +the adoption of a tariff of fees which, as far as practicable, should be +uniform, and prescribe a specific compensation for every service which the +officer may be required to perform. This subject will be fully presented in +the report of the Secretary of the Interior. In my last annual message I +gave briefly my reasons for believing that you possessed the constitutional +power to improve the harbors of our Great Lakes and seacoast and the +navigation of our principal rivers, and recommended that appropriations +should be made for completing such works as had already been commenced and +for commencing such others as might seem to the wisdom of Congress to be of +public and general importance. Without repeating the reasons then urged, I +deem it my duty again to call your attention to this important subject. The +works on many of the harbors were left in an unfinished state, and +consequently exposed to the action of the elements, which is fast +destroying them. Great numbers of lives and vast amounts of property are +annually lost for want of safe and convenient harbors on the Lakes. None +but those who have been exposed to that dangerous navigation can fully +appreciate the importance of this subject. The whole Northwest appeals to +you for relief, and I trust their appeal will receive due consideration at +your hands. +</p> + +<p> +The same is in a measure true in regard to some of the harbors and inlets +on the seacoast. +</p> + +<p> +The unobstructed navigation of our large rivers is of equal importance. Our +settlements are now extending to the sources of the great rivers which +empty into and form a part of the Mississippi, and the value of the public +lands in those regions would be greatly enhanced by freeing the navigation +of those waters from obstructions. In view, therefore, of this great +interest, I deem it my duty again to urge upon Congress to make such +appropriations for these improvements as they may deem necessary. +</p> + +<p> +The surveys of the Delta of the Mississippi, with a view to the prevention +of the overflows that have proved so disastrous to that region of country, +have been nearly completed, and the reports thereof are now in course of +preparation and will shortly be laid before you. +</p> + +<p> +The protection of our southwestern frontier and of the adjacent Mexican +States against the Indian tribes within our border has claimed my earnest +and constant attention. Congress having failed at the last session to adopt +my recommendation that an additional regiment of mounted men specially +adapted to that service should be raised, all that remained to be done was +to make the best use of the means at my disposal. Accordingly, all the +troops adapted to that service that could properly be spared from other +quarters have been concentrated on that frontier and officers of high +reputation selected to command them. A new arrangement of the military +posts has also been made, whereby the troops are brought nearer to the +Mexican frontier and to the tribes they are intended to overawe. +</p> + +<p> +Sufficient time has not yet elapsed to realize all the benefits that are +expected to result from these arrangements, but I have every reason to hope +that they will effectually check their marauding expeditions. The nature of +the country, which furnishes little for the support of an army and abounds +in places of refuge and concealment, is remarkably well adapted to this +predatory warfare, and we can scarcely hope that any military force, +combined with the greatest vigilance, can entirely suppress it. +</p> + +<p> +By the treaty of Guadalupe Hidalgo we are bound to protect the territory of +Mexico against the incursions of the savage tribes within our border "with +equal diligence and energy" as if the same were made within our territory +or against our citizens. I have endeavored to comply as far as possible +with this provision of the treaty. Orders have been given to the officers +commanding on that frontier to consider the Mexican territory and its +inhabitants as equally with our own entitled to their protection, and to +make all their plans and arrangements with a view to the attainment of this +object. Instructions have also been given to the Indian commissioners and +agents among these tribes in all treaties to make the clauses designed for +the protection of our own citizens apply also to those of Mexico. I have no +reason to doubt that these instructions have been fully carried into +effect; nevertheless, it is probable that in spite of all our efforts some +of the neighboring States of Mexico may have suffered, as our own have, +from depredations by the Indians. +</p> + +<p> +To the difficulties of defending our own territory, as above mentioned, are +superadded, in defending that of Mexico, those that arise from its +remoteness, from the fact that we have no right to station our troops +within her limits and that there is no efficient military force on the +Mexican side to cooperate with our own. +</p> + +<p> +So long as this shall continue to be the case the number and activity of +our troops will rather increase than diminish the evil, as the Indians will +naturally turn toward that country where they encounter the least +resistance. Yet these troops are necessary to subdue them and to compel +them to make and observe treaties. Until this shall have been done neither +country will enjoy any security from their attacks. +</p> + +<p> +The Indians in California, who had previously appeared of a peaceable +character and disposed to cultivate the friendship of the whites, have +recently committed several acts of hostility. As a large portion of the +reenforcements sent to the Mexican frontier were drawn from the Pacific, +the military force now stationed there is considered entirely inadequate to +its defense. It can not be increased, however, without an increase of the +Army, and I again recommend that measure as indispensable to the protection +of the frontier. +</p> + +<p> +I invite your attention to the suggestions on this subject and on others +connected with his Department in the report of the Secretary of War. The +appropriations for the support of the Army during the current fiscal year +ending 30th June next were reduced far below the estimate submitted by the +Department. The consequence of this reduction is a considerable deficiency, +to which I invite your early attention. The expenditures of that Department +for the year ending 30th June last were $9,060,268.58, The estimates for +the year commencing 1st July next and ending June 30, 1853, are +$7,898,775.83, showing a reductions of $1,161,492.75, The board of +commissioners to whom the management of the affairs of the military asylum +created by the act of 3d March last was intrusted have selected a site for +the establishment of an asylum in the vicinity of this city, which has been +approved by me subject to the production of a satisfactory title. +</p> + +<p> +The report of the Secretary of the Navy will exhibit the condition of the +public service under the supervision of that Department. Our naval force +afloat during the present year has been actively and usefully employed in +giving protection to our widely extended and increasing commerce and +interests in the various quarters of the globe, and our flag has everywhere +afforded the security and received the respect inspired by the justice and +liberality of our intercourse and the dignity and power of the nation. +</p> + +<p> +The expedition commanded by Lieutenant De Haven, dispatched in search of +the British commander Sir John Franklin and his companions in the Arctic +Seas, returned to New York in the month of October, after having undergone +great peril and suffering from an unknown and dangerous navigation and the +rigors of a northern climate, without any satisfactory information of the +objects of their search, but with new contributions to science and +navigation from the unfrequented polar regions. The officers and men of the +expedition having been all volunteers for this service and having so +conducted it as to meet the entire approbation of the Government, it is +suggested, as an act of grace and generosity, that the same allowance of +extra pay and emoluments be extended to them that were made to the officers +and men of like rating in the late exploring expedition to the South Seas. +</p> + +<p> +I earnestly recommend to your attention the necessity of reorganizing the +naval establishment, apportioning and fixing the number of officers in each +grade, providing some mode of promotion to the higher grades of the Navy +having reference to merit and capacity rather than seniority or date of +entry into the service, and for retiring from the effective list upon +reduced pay those who may be incompetent to the performance of active duty. +As a measure of economy, as well as of efficiency, in this arm of the +service, the provision last mentioned is eminently worthy of your +consideration. +</p> + +<p> +The determination of the questions of relative rank between the sea +officers and civil officers of the Navy, and between officers of the Army +and Navy, in the various grades of each, will also merit your attention. +The failure to provide any substitute when corporal punishment was +abolished for offenses in the Navy has occasioned the convening of numerous +courts-martial upon the arrival of vessels in port, and is believed to have +had an injurious effect upon the discipline and efficiency of the service. +To moderate punishment from one grade to another is among the humane +reforms of the age, but to abolish one of severity, which applied so +generally to offenses on shipboard, and provide nothing in its stead is to +suppose a progress of improvement in every individual among seamen which is +not assumed by the Legislature in respect to any other class of men. It is +hoped that Congress, in the ample opportunity afforded by the present +session, will thoroughly investigate this important subject, and establish +such modes of determining guilt and such gradations of punishment as are +consistent with humanity and the personal rights of individuals, and at the +same time shall insure the most energetic and efficient performance of duty +and the suppression of crime in our ships of war. +</p> + +<p> +The stone dock in the navy-yard at New York, which was ten years in process +of construction, has been so far finished as to be surrendered up to the +authorities of the yard. The dry dock at Philadelphia is reported as +completed, and is expected soon to be tested and delivered over to the +agents of the Government. That at Portsmouth, N. H., is also nearly ready +for delivery; and a contract has been concluded, agreeably to the act of +Congress at its last session, for a floating sectional dock on the Bay of +San Francisco. I invite your attention to the recommendation of the +Department touching the establishment of a navy-yard in conjunction with +this dock on the Pacific. Such a station is highly necessary to the +convenience and effectiveness of our fleet in that ocean, which must be +expected to increase with the growth of commerce and the rapid extension of +our whale fisheries over its waters. +</p> + +<p> +The Naval Academy at Annapolis, under a revised and improved system of +regulations, now affords opportunities of education and instruction to the +pupils quite equal, it is believed, for professional improvement, to those +enjoyed by the cadets in the Military Academy. A large class of acting +midshipmen was received at the commencement of the last academic term, and +a practice ship has been attached to the institution to afford the amplest +means for regular instruction in seamanship, as well as for cruises during +the vacations of three or four months in each year. +</p> + +<p> +The advantages of science in nautical affairs have rarely been more +strikingly illustrated than in the fact, stated in the report of the Navy +Department, that by means of the wind and current charts projected and +prepared by Lieutenant Maury, the Superintendent of the Naval Observatory, +the passage from the Atlantic to the Pacific ports of our country has been +shortened by about forty days. +</p> + +<p> +The estimates for the support of the Navy and Marine Corps the ensuing +fiscal year will be found to be $5,856,472.19, the estimates for the +current year being $5,900,621. +</p> + +<p> +The estimates for special objects under the control of this Department +amount to $2,684,220.89, against $2,210,980 for the present year, the +increase being occasioned by the additional mail service on the Pacific +Coast and the construction of the dock in California, authorized at the +last session of Congress, and some slight additions under the head of +improvements and repairs in navy-yards, buildings, and machinery. I deem it +of much importance to a just economy and a correct understanding of naval +expenditures that there should be an entire separation of the +appropriations for the support of the naval service proper from those for +permanent improvements at navy-yards and stations and from ocean steam mail +service and other special objects assigned to the supervision of this +Department. +</p> + +<p> +The report of the Postmaster-General, herewith communicated, presents an +interesting view of the progress, operations, and condition of his +Department. +</p> + +<p> +At the close of the last fiscal year the length of mail routes within the +United States was 196,290 miles, the annual transportation thereon +53,272,252 miles, and the annual cost of such transportation $3,421,754. +</p> + +<p> +The length of the foreign mail routes is estimated at 18,349 miles and the +annual transportation thereon at 615,206 miles. The annual cost of this +service is $1,472,187, of which $448,937 are paid by the Post-Office +Department and $1,023,250 are paid through the Navy Department. +</p> + +<p> +The annual transportation within the United States, excluding the service +in California and Oregon, which is now for the first time reported and +embraced in the tabular statements of the Department, exceeds that of the +preceding year 6,162,855 miles, at an increased cost of $547,110. +</p> + +<p> +The whole number of post-offices in the United States on the 30th day of +June last was 19,796. There were 1,698 post-offices established and 256 +discontinued during the year. +</p> + +<p> +The gross revenues of the Department for the fiscal year, including the +appropriations for the franked matter of Congress, of the Departments, and +officers of Government, and excluding the foreign postages collected for +and payable to the British post-office, amounted to $6,727,866.78. +</p> + +<p> +The expenditures for the same period, excluding $20,599.49, paid under an +award of the Auditor, in pursuance of a resolution of the last Congress, +for mail service on the Ohio and Mississippi rivers in 1832 and 1833, and +the amount paid to the British post-office for foreign postages collected +for and payable to that office, amounted to $6,024,566.79, leaving a +balance of revenue over the proper expenditures of the year of +$703,299.99. +</p> + +<p> +The receipts for postages during the year, excluding the foreign postages +collected for and payable to the British post-office, amounted to +$6,345,747.21, being an increase of $997,610.79, or 18.65 per cent, over +the like receipts for the preceding year. +</p> + +<p> +The reduction of postage under the act of March last did not take effect +until the commencement of the present fiscal year. The accounts for the +first quarter under the operation of the reduced rates will not be settled +before January next, and no reliable estimate of the receipts for the +present year can yet be made. It is believed, however, that they will fall +far short of those of the last year. The surplus of the revenues now on +hand is, however, so large that no further appropriation from the Treasury +in aid of the revenues of the Department is required for the current fiscal +year, but an additional appropriation for the year ending June 30, 1853, +will probably be found necessary when the receipts of the first two +quarters of the fiscal year are fully ascertained. +</p> + +<p> +In his last annual report the Postmaster-General recommended a reduction of +postage to rates which he deemed as low as could be prudently adopted +unless Congress was prepared to appropriate from the Treasury for the +support of the Department a sum more than equivalent to the mail services +performed by it for the Government. The recommendations of the +Postmaster-General in respect to letter postage, except on letters from and +to California and Oregon, were substantially adopted by the last Congress. +He now recommends adherence to the present letter rates and advises against +a further reduction until justified by the revenue of the Department. +</p> + +<p> +He also recommends that the rates of postage on printed matter be so +revised as to render them more simple and more uniform in their operation +upon all classes of printed matter. I submit the recommendations of the +report to your favorable consideration. +</p> + +<p> +The public statutes of the United States have now been accumulating for +more than sixty years, and, interspersed with private acts, are scattered +through numerous volumes, and, from the cost of the whole, have become +almost inaccessible to the great mass of the community. They also exhibit +much of the incongruity and imperfection of hasty legislation. As it seems +to be generally conceded that there is no "common law" of the United States +to supply the defects of their legislation, it is most important that that +legislation should be as perfect as possible, defining every power intended +to be conferred, every crime intended to be made punishable, and +prescribing the punishment to be inflicted. In addition to some particular +cases spoken of more at length, the whole criminal code is now lamentably +defective. Some offenses are imperfectly described and others are entirely +omitted, so that flagrant crimes may be committed with impunity. The scale +of punishment is not in all cases graduated according to the degree and +nature of the offense, and is often rendered more unequal by the different +modes of imprisonment or penitentiary confinement in the different States. +</p> + +<p> +Many laws of a permanent character have been introduced into appropriation +bills, and it is often difficult to determine whether the particular clause +expires with the temporary act of which it is a part or continues in force. +It has also frequently happened that enactments and provisions of law have +been introduced into bills with the title or general subject of which they +have little or no connection or relation. In this mode of legislation so +many enactments have been heaped upon each other, and often with but little +consideration, that in many instances it is difficult to search out and +determine what is the law. +</p> + +<p> +The Government of the United States is emphatically a government of written +laws. The statutes should therefore, as far as practicable, not only be +made accessible to all, but be expressed in language so plain and simple as +to be understood by all and arranged in such method as to give perspicuity +to every subject. Many of the States have revised their public acts with +great and manifest benefit, and I recommend that provision be made by law +for the appointment of a commission to revise the public statutes of the +United States, arranging them in order, supplying deficiencies, correcting +incongruities, simplifying their language, and reporting them to Congress +for its action. +</p> + +<p> +An act of Congress approved 30th September, 1850, contained a provision for +the extension of the Capitol according to such plan as might be approved by +the President, and appropriated $100,000 to be expended under his direction +by such architect as he should appoint to execute the same. On examining +the various plans which had been submitted by different architects in +pursuance of an advertisement by a committee of the Senate no one was found +to be entirely satisfactory, and it was therefore deemed advisable to +combine and adopt the advantages of several. +</p> + +<p> +The great object to be accomplished was to make such an addition as would +afford ample and convenient halls for the deliberations of the two Houses +of Congress, with sufficient accommodations for spectators and suitable +apartments for the committees and officers of the two branches of the +Legislature. It was also desirable not to mar the harmony and beauty of the +present structure, which, as a specimen of architecture, is so universally +admired. Keeping these objects in view, I concluded to make the addition by +wings, detached from the present building, yet connected with it by +corridors. This mode of enlargement will leave the present Capitol +uninjured and afford great advantages for ventilation and the admission of +light, and will enable the work to progress without interrupting the +deliberations of Congress. To carry this plan into effect I have appointed +an experienced and competent architect. The corner stone was laid on the +4th day of July last with suitable ceremonies, since which time the work +has advanced with commendable rapidity, and the foundations of both wings +are now nearly complete. +</p> + +<p> +I again commend to your favorable regard the interests of the District of +Columbia, and deem it only necessary to remind you that although its +inhabitants have no voice in the choice of Representatives in Congress, +they are not the less entitled to a just and liberal consideration in your +legislation. My opinions on this subject were more fully expressed in my +last annual communication. +</p> + +<p> +Other subjects were brought to the attention of Congress in my last annual +message, to which I would respectfully refer. But there was one of more +than ordinary interest, to which I again invite your special attention. I +allude to the recommendation for the appointment of a commission to settle +private claims against the United States. Justice to individuals, as well +as to the Government, imperatively demands that some more convenient and +expeditious mode than an appeal to Congress should be adopted. +</p> + +<p> +It is deeply to be regretted that in several instances officers of the +Government, in attempting to execute the law for the return of fugitives +from labor, have been openly resisted and their efforts frustrated and +defeated by lawless and violent mobs; that in one case such resistance +resulted in the death of an estimable citizen, and in others serious injury +ensued to those officers and to individuals who were using their endeavors +to sustain the laws. Prosecutions have been instituted against the alleged +offenders so far as they could be identified, and are still pending. I have +regarded it as my duty in these cases to give all aid legally in my power +to the enforcement of the laws, and I shall continue to do so wherever and +whenever their execution may be resisted. +</p> + +<p> +The act of Congress for the return of fugitives from labor is one required +and demanded by the express words of the Constitution. The Constitution +declares that--No person held to service or labor in one State, under the +laws thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall be +delivered up on claim of the party to whom such service or labor may be +due. This constitutional provision is equally obligatory upon the +legislative, the executive, and judicial departments of the Government, and +upon every citizen of the United States. +</p> + +<p> +Congress, however, must from necessity first act upon the subject by +prescribing the proceedings necessary to ascertain that the person is a +fugitive and the means to be used for his restoration to the claimant. This +was done by an act passed during the first term of President Washington, +which was amended by that enacted by the last Congress, and it now remains +for the executive and judicial departments to take care that these laws be +faithfully executed. This injunction of the Constitution is as peremptory +and as binding as any other; it stands exactly on the same foundation as +that clause which provides for the return of fugitives from justice, or +that which declares that no bill of attainder or ex post facto law shall be +passed, or that which provides for an equality of taxation according to the +census, or the clause declaring that all duties shall be uniform throughout +the United States, or the important provision that the trial of all crimes +shall be by jury. These several articles and clauses of the Constitution, +all resting on the same authority, must stand or fall together. Some +objections have been urged against the details of the act for the return of +fugitives from labor, but it is worthy of remark that the main opposition +is aimed against the Constitution itself, and proceeds from persons and +classes of persons many of whom declare their wish to see that Constitution +overturned. They avow their hostility to any law which shall give full and +practical effect to this requirement of the Constitution. Fortunately, the +number of these persons is comparatively small, and is believed to be daily +diminishing; but the issue which they present is one which involves the +supremacy and even the existence of the Constitution. +</p> + +<p> +Cases have heretofore arisen in which individuals have denied the binding +authority of acts of Congress, and even States have proposed to nullify +such acts upon the ground that the Constitution was the supreme law of the +land, and that those acts of Congress were repugnant to that instrument; +but nullification is now aimed not so much against particular laws as being +inconsistent with the Constitution as against the Constitution itself, and +it is not to be disguised that a spirit exists, and has been actively at +work, to rend asunder this Union, which is our cherished inheritance from +our Revolutionary fathers. +</p> + +<p> +In my last annual message I stated that I considered the series of measures +which had been adopted at the previous session in reference to the +agitation growing out of the Territorial and slavery questions as a final +settlement in principle and substance of the dangerous and exciting +subjects which they embraced, and I recommended adherence to the adjustment +established by those measures until time and experience should demonstrate +the necessity of further legislation to guard against evasion or abuse. I +was not induced to make this recommendation because I thought those +measures perfect, for no human legislation can be perfect. Wide differences +and jarring opinions can only be reconciled by yielding something on all +sides, and this result had been reached after an angry conflict of many +months, in which one part of the country was arrayed against another, and +violent convulsion seemed to be imminent. Looking at the interests of the +whole country, I felt it to be my duty to seize upon this compromise as the +best that could be obtained amid conflicting interests and to insist upon +it as a final settlement, to be adhered to by all who value the peace and +welfare of the country. A year has now elapsed since that recommendation +was made. To that recommendation I still adhere, and I congratulate you and +the country upon the general acquiescence in these measures of peace which +has been exhibited in all parts of the Republic. And not only is there this +general acquiescence in these measures, but the spirit of conciliation +which has been manifested in regard to them in all parts of the country has +removed doubts and uncertainties in the minds of thousands of good men +concerning the durability of our popular institutions and given renewed +assurance that our liberty and our Union may subsist together for the +benefit of this and all succeeding generations. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1852"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +Millard Fillmore<br /> +December 6, 1852<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</p> + +<p> +The brief space which has elapsed since the close of your last session has +been marked by no extraordinary political event. The quadrennial election +of Chief Magistrate has passed off with less than the usual excitement. +However individuals and parties may have been disappointed in the result, +it is, nevertheless, a subject of national congratulation that the choice +has been effected by the independent suffrages of a free people, +undisturbed by those influences which in other countries have too often +affected the purity of popular elections. +</p> + +<p> +Our grateful thanks are due to an all-merciful Providence, not only for +staying the pestilence which in different forms has desolated some of our +cities, but for crowning the labors of the husbandman with an abundant +harvest and the nation generally with the blessings of peace and +prosperity. +</p> + +<p> +Within a few weeks the public mind has been deeply affected by the death of +Daniel Webster, filling at his decease the office of Secretary of State. +His associates in the executive government have sincerely sympathized with +his family and the public generally on this mournful occasion. His +commanding talents, his great political and professional eminence, his +well-tried patriotism, and his long and faithful services in the most +important public trusts have caused his death to be lamented throughout the +country and have earned for him a lasting place in our history. In the +course of the last summer considerable anxiety was caused for a short time +by an official intimation from the Government of Great Britain that orders +had been given for the protection of the fisheries upon the coasts of the +British provinces in North America against the alleged encroachments of the +fishing vessels of the United States and France. The shortness of this +notice and the season of the year seemed to make it a matter of urgent +importance. It was at first apprehended that an increased naval force had +been ordered to the fishing grounds to carry into effect the British +interpretation of those provisions in the convention of 1818 in reference +to the true intent of which the two Governments differ. It was soon +discovered that such was not the design of Great Britain, and satisfactory +explanations of the real objects of the measure have been given both here +and in London. +</p> + +<p> +The unadjusted difference, however, between the two Governments as to the +interpretation of the first article of the convention of 1818 is still a +matter of importance. American fishing vessels, within nine or ten years, +have been excluded from waters to which they had free access for +twenty-five years after the negotiation of the treaty. In 1845 this +exclusion was relaxed so far as concerns the Bay of Fundy, but the just and +liberal intention of the home Government, in compliance with what we think +the true construction of the convention, to open all the other outer bays +to our fishermen was abandoned in consequence of the opposition of the +colonies. Notwithstanding this, the United States have, since the Bay of +Fundy was reopened to our fishermen in 1845, pursued the most liberal +course toward the colonial fishing interests. By the revenue law of 1846 +the duties on colonial fish entering our ports were very greatly reduced, +and by the warehousing act it is allowed to be entered in bond without +payment of duty. In this way colonial fish has acquired the monopoly of the +export trade in our market and is entering to some extent into the home +consumption. These facts were among those which increased the sensibility +of our fishing interest at the movement in question. These circumstances +and the incidents above alluded to have led me to think the moment +favorable for a reconsideration of the entire subject of the fisheries on +the coasts of the British Provinces, with a view to place them upon a more +liberal footing of reciprocal privilege. A willingness to meet us in some +arrangement of this kind is understood to exist on the part of Great +Britain, with a desire on her part to include in one comprehensive +settlement as well this subject as the commercial intercourse between the +United States and the British Provinces. I have thought that, whatever +arrangements may be made on these two subjects, it is expedient that they +should be embraced in separate conventions. The illness and death of the +late Secretary of State prevented the commencement of the contemplated +negotiation. Pains have been taken to collect the information required for +the details of such an arrangement. The subject is attended with +considerable difficulty. If it is found practicable to come to an agreement +mutually acceptable to the two parties, conventions may be concluded in the +course of the present winter. The control of Congress over all the +provisions of such an arrangement affecting the revenue will of course be +reserved. +</p> + +<p> +The affairs of Cuba formed a prominent topic in my last annual message. +They remain in an uneasy condition, and a feeling of alarm and irritation +on the part of the Cuban authorities appears to exist. This feeling has +interfered with the regular commercial intercourse between the United +States and the island and led to some acts of which we have a fight to +complain. But the Captain-General of Cuba is clothed with no power to treat +with foreign governments, nor is he in any degree under the control of the +Spanish minister at Washington. Any communication which he may hold with an +agent of a foreign power is informal and matter of courtesy. Anxious to put +an end to the existing inconveniences (which seemed to rest on a +misconception), I directed the newly appointed minister to Mexico to visit +Havana on his way to Vera Cruz. He was respectfully received by the +Captain-General, who conferred with him freely on the recent occurrences, +but no permanent arrangement was effected. +</p> + +<p> +In the meantime the refusal of the Captain-Generalto allow passengers and +the mail to be landed in certain cases, for a reason which does not +furnish, in the opinion of this Government, even a good presumptive ground +for such prohibition, has been made the subject of a serious remonstrance +at Madrid, and I have no reason to doubt that due respect will be paid by +the Government of Her Catholic Majesty to the representations which our +minister has been instructed to make on the subject. +</p> + +<p> +It is but justice to the Captain-General to add that his conduct toward the +steamers employed to carry the mails of the United States to Havana has, +with the exceptions above alluded to, been marked with kindness and +liberality, and indicates no general purpose of interfering with the +commercial correspondence and intercourse between the island and this +country. +</p> + +<p> +Early in the present year official notes were received from the ministers +of France and England inviting the Government of the United States to +become a party with Great Britain and France to a tripartite convention, in +virtue of which the three powers should severally and collectively disclaim +now and for the future all intention to obtain possession of the island of +Cuba, and should bind themselves to discountenance all attempts to that +effect on the part of any power or individual whatever. This invitation has +been respectfully declined, for reasons which it would occupy too much +space in this communication to state in detail, but which led me to think +that the proposed measure would be of doubtful constitutionality, +impolitic, and unavailing. I have, however, in common with several of my +predecessors, directed the ministers of France and England to be assured +that the United States entertain no designs against Cuba, but that, on the +contrary, I should regard its incorporation into the Union at the present +time as fraught with serious peril. +</p> + +<p> +Were this island comparatively destitute of inhabitants or occupied by a +kindred race, I should regard it, if voluntarily ceded by Spain, as a most +desirable acquisition. But under existing circumstances I should look upon +its incorporation into our Union as a very hazardous measure. It would +bring into the Confederacy a population of a different national stock, +speaking a different language, and not likely to harmonize with the other +members. It would probably affect in a prejudicial manner the industrial +interests of the South, and it might revive those conflicts of opinion +between the different sections of the country which lately shook the Union +to its center, and which have been so happily compromised. +</p> + +<p> +The rejection by the Mexican Congress of the convention which had been +concluded between that Republic and the United States for the protection of +a transit way across the Isthmus of Tehuantepec and of the interests of +those citizens of the United States who had become proprietors of the +rights which Mexico had conferred on one of her own citizens in regard to +that transit has thrown a serious obstacle in the way of the attainment of +a very desirable national object. I am still willing to hope that the +differences on the subject which exist, or may hereafter arise, between the +Governments will be amicably adjusted. This subject, however, has already +engaged the attention of the Senate of the United States, and requires no +further comment in this communication. +</p> + +<p> +The settlement of the question respecting the port of San Juan de Nicaragua +and of the controversy between the Republics of Costa Rica and Nicaragua in +regard to their boundaries was considered indispensable to the commencement +of the ship canal between the two oceans, which was the subject of the +convention between the United States and Great Britain of the 19th of +April, 1850. Accordingly, a proposition for the same purposes, addressed to +the two Governments in that quarter and to the Mosquito Indians, was agreed +to in April last by the Secretary of State and the minister of Her +Britannic Majesty. Besides the wish to aid in reconciling the differences +of the two Republics, I engaged in the negotiation from a desire to place +the great work of a ship canal between the two oceans under one +jurisdiction and to establish the important port of San Juan de Nicaragua +under the government of a civilized power. The proposition in question was +assented to by Costs Rica and the Mosquito Indians. It has not proved +equally acceptable to Nicaragua, but it is to be hoped that the further +negotiations on the subject which are in train will be carried on in that +spirit of conciliation and compromise which ought always to prevail on such +occasions, and that they will lead to a satisfactory result. +</p> + +<p> +I have the satisfaction to inform you that the executive government of +Venezuela has acknowledged some claims of citizens of the United States +which have for many years past been urged by our charge d'affaires at +Caracas. It is hoped that the same sense of justice will actuate the +Congress of that Republic in providing the means for their payment. +</p> + +<p> +The recent revolution in Buenos Ayres and the Confederated States having +opened the prospect of an improved state of things in that quarter, the +Governments of Great Britain and France determined to negotiate with the +chief of the new confederacy for the free access of their commerce to the +extensive countries watered by the tributaries of the La Plata; and they +gave a friendly notice of this purpose to the United States, that we might, +if we thought proper, pursue the same course. In compliance with this +invitation, our minister at Rio Janeiro and our charge d'affaires at +Buenos Ayres have been fully authorized to conclude treaties with the newly +organized confederation or the States composing it. The delays which have +taken place in the formation of the new government have as yet prevented +the execution of those instructions, but there is every reason to hope that +these vast countries will be eventually opened to our commerce. +</p> + +<p> +A treaty of commerce has been concluded between the United States and the +Oriental Republic of Uruguay, which will be laid before the Senate. Should +this convention go into operation, it will open to the commercial +enterprise of our citizens a country of great extent and unsurpassed in +natural resources, but from which foreign nations have hitherto been almost +wholly excluded. +</p> + +<p> +The correspondence of the late Secretary of State with the Peruvian charge +d'affaires relative to the Lobos Islands was communicated to Congress +toward the close of the last session. Since that time, on further +investigation of the subject, the doubts which had been entertained of the +title of Peru to those islands have been removed, and I have deemed it just +that the temporary wrong which had been unintentionally done her from want +of information should be repaired by an unreserved acknowledgment of her +sovereignty. +</p> + +<p> +I have the satisfaction to inform you that the course pursued by Peru has +been creditable to the liberality of her Government. Before it was known by +her that her title would be acknowledged at Washington, her minister of +foreign affairs had authorized our charge d'affaires at Lima to announce +to the American vessels which had gone to the Lobos for guano that the +Peruvian Government was willing to freight them on its own account. This +intention has been carried into effect by the Peruvian minister here by an +arrangement which is believed to be advantageous to the parties in +interest. +</p> + +<p> +Our settlements on the shores of the Pacific have already given a great +extension, and in some respects a new direction, to our commerce in that +ocean. A direct and rapidly increasing intercourse has sprung up with +eastern Asia. The waters of the Northern Pacific, even into the Arctic Sea, +have of late years been frequented by our whalemen. The application of +steam to the general purposes of navigation is becoming daily more common, +and makes it desirable to obtain fuel and other necessary supplies at +convenient points on the route between Asia and our Pacific shores. Our +unfortunate countrymen who from time to time suffer shipwreck on the coasts +of the eastern seas are entitled to protection. Besides these specific +objects, the general prosperity of our States on the Pacific requires that +an attempt should be made to open the opposite regions of Asia to a +mutually beneficial intercourse. It is obvious that this attempt could be +made by no power to so great advantage as by the United States, whose +constitutional system excludes every idea of distant colonial dependencies. +I have accordingly been led to order an appropriate naval force to Japan, +under the command of a discreet and intelligent officer of the highest rank +known to our service. He is instructed to endeavor to obtain from the +Government of that country some relaxation of the inhospitable and +antisocial system which it has pursued for about two centuries. He has been +directed particularly to remonstrate in the strongest language against the +cruel treatment to which our shipwrecked mariners have often been subjected +and to insist that they shall be treated with humanity. He is instructed, +however, at the same time, to give that Government the amplest assurances +that the objects of the United States are such, and such only, as I have +indicated, and that the expedition is friendly and peaceful. +Notwithstanding the jealousy with which the Governments of eastern Asia +regard all overtures from foreigners, I am not without hopes of a +beneficial result of the expedition. Should it be crowned with success, the +advantages will not be confined to the United States, but, as in the case +of China, will be equally enjoyed by all the other maritime powers. I have +much satisfaction in stating that in all the steps preparatory to this +expedition the Government of the United States has been materially aided by +the good offices of the King of the Netherlands, the only European power +having any commercial relations with Japan. +</p> + +<p> +In passing from this survey of our foreign relations, I invite the +attention of Congress to the condition of that Department of the Government +to which this branch of the public business is intrusted. Our intercourse +with foreign powers has of late years greatly increased, both in +consequence of our own growth and the introduction of many new states into +the family of nations. In this way the Department of State has become +overburdened. It has by the recent establishment of the Department of the +Interior been relieved of some portion of the domestic business. If the +residue of the business of that kind--such as the distribution of +Congressional documents, the keeping, publishing, and distribution of the +laws of the United States, the execution of the copyright law, the subject +of reprieves and pardons, and some other subjects relating to interior +administration--should be transferred from the Department of State, it +would unquestionably be for the benefit of the public service. I would also +suggest that the building appropriated to the State Department is not +fireproof; that there is reason to think there are defects in its +construction, and that the archives of the Government in charge of the +Department, with the precious collections of the manuscript papers of +Washington, Jefferson, Hamilton, Madison, and Monroe, are exposed to +destruction by fire. A similar remark may be made of the buildings +appropriated to the War and Navy Departments. +</p> + +<p> +The condition of the Treasury is exhibited in the annual report from that +Department. +</p> + +<p> +The cash receipts into the Treasury for the fiscal year ending the 30th +June last, exclusive of trust funds, were $49,728,386.89, and the +expenditures for the same period, likewise exclusive of trust funds, were +$46,007,896.20, of which $9,455,815.83 was on account of the principal and +interest of the public debt, including the last installment of the +indemnity to Mexico under the treaty of Guadalupe Hidalgo, leaving a +balance of $14,632,136.37 in the Treasury on the 1st day of July last. +Since this latter period further purchases of the principal of the public +debt have been made to the extent of $2,456,547.49, and the surplus in the +Treasury will continue to be applied to that object whenever the stock can +be procured within the limits as to price authorized by law. +</p> + +<p> +The value of foreign merchandise imported during the last fiscal year was +$207,240,101, and the value of domestic productions exported was +$149,861,911, besides $17,204,026 of foreign merchandise exported, making +the aggregate of the entire exports $167,065,937. Exclusive of the above, +there was exported $42,507,285 in specie, and imported from foreign ports +$5,262,643. +</p> + +<p> +In my first annual message to Congress I called your attention to what +seemed to me some defects in the present tariff, and recommended such +modifications as in my judgment were best adapted to remedy its evils and +promote the prosperity of the country. Nothing has since occurred to change +my views on this important question. +</p> + +<p> +Without repeating the arguments contained in my former message in favor of +discriminating protective duties, I deem it my duty to call your attention +to one or two other considerations affecting this subject. The first is the +effect of large importations of foreign goods upon our currency. Most of +the gold of California, as fast as it is coined, finds its way directly to +Europe in payment for goods purchased. In the second place, as our +manufacturing establishments are broken down by competition with +foreigners, the capital invested in them is lost, thousands of honest and +industrious citizens are thrown out of employment, and the farmer, to that +extent, is deprived of a home market for the sale of his surplus produce. +In the third place, the destruction of our manufactures leaves the +foreigner without competition in our market, and he consequently raises the +price of the article sent here for sale, as is now seen in the increased +cost of iron imported from England. The prosperity and wealth of every +nation must depend upon its productive industry. The farmer is stimulated +to exertion by finding a ready market for his surplus products, and +benefited by being able to exchange them without loss of time or expense of +transportation for the manufactures which his comfort or convenience +requires. This is always done to the best advantage where a portion of the +community in which he lives is engaged in other pursuits. But most +manufactures require an amount of capital and a practical skill which can +not be commanded unless they be protected for a time from ruinous +competition from abroad. Hence the necessity of laying those duties upon +imported goods which the Constitution authorizes for revenue in such a +manner as to protect and encourage the labor of our own citizens. Duties, +however, should not be fixed at a rate so high as to exclude the foreign +article, but should be so graduated as to enable the domestic manufacturer +fairly to compete with the foreigner in our own markets, and by this +competition to reduce the price of the manufactured article to the consumer +to the lowest rate at which it can be produced. This policy would place the +mechanic by the side of the farmer, create a mutual interchange of their +respective commodities, and thus stimulate the industry of the whole +country and render us independent of foreign nations for the supplies +required by the habits or necessities of the people. +</p> + +<p> +Another question, wholly independent of protection, presents itself, and +that is, whether the duties levied should be upon the value of the article +at the place of shipment, or, where it is practicable, a specific duty, +graduated according to quantity, as ascertained by weight or measure. All +our duties are at present ad valorem. A certain percentage is levied on the +price of the goods at the port of shipment in a foreign country. Most +commercial nations have found it indispensable, for the purpose of +preventing fraud and perjury, to make the duties specific whenever the +article is of such a uniform value in weight or measure as to justify such +a duty. Legislation should never encourage dishonesty or crime. It is +impossible that the revenue officers at the port where the goods are +entered and the duties paid should know with certainty what they cost in +the foreign country. Yet the law requires that they should levy the duty +according to such cost. They are therefore compelled to resort to very +unsatisfactory evidence to ascertain what that cost was. They take the +invoice of the importer, attested by his oath, as the best evidence of +which the nature of the case admits. But everyone must see that the invoice +may be fabricated and the oath by which it is supported false, by reason of +which the dishonest importer pays a part only of the duties which are paid +by the honest one, and thus indirectly receives from the Treasury of the +United States a reward for his fraud and perjury. The reports of the +Secretary of the Treasury heretofore made on this subject show conclusively +that these frauds have been practiced to a great extent. The tendency is to +destroy that high moral character for which our merchants have long been +distinguished, to defraud the Government of its revenue, to break down the +honest importer by a dishonest competition, and, finally, to transfer the +business of importation to foreign and irresponsible agents, to the great +detriment of our own citizens. I therefore again most earnestly recommend +the adoption of specific duties wherever it is practicable, or a home +valuation, to prevent these frauds. +</p> + +<p> +I would also again call your attention to the fact that the present tariff +in some cases imposes a higher duty upon the raw material imported than +upon the article manufactured from it, the consequence of which is that the +duty operates to the encouragement of the foreigner and the discouragement +of our own citizens. +</p> + +<p> +For full and detailed information in regard to the general condition of our +Indian affairs, I respectfully refer you to the report of the Secretary of +the Interior and the accompanying documents. +</p> + +<p> +The Senate not having thought proper to ratify the treaties which have been +negotiated with the tribes of Indians in California and Oregon, our +relations with them have been left in a very unsatisfactory condition. +</p> + +<p> +In other parts of our territory particular districts of country have been +set apart for the exclusive occupation of the Indians, and their right to +the lands within those limits has been acknowledged and respected. But in +California and Oregon there has been no recognition by the Government of +the exclusive right of the Indians to any part of the country. They are +therefore mere tenants at sufferance, and liable to be driven from place to +place at the pleasure of the whites. +</p> + +<p> +The treaties which have been rejected proposed to remedy this evil by +allotting to the different tribes districts of country suitable to their +habits of life and sufficient for their support. This provision, more than +any other, it is believed, led to their rejection; and as no substitute for +it has been adopted by Congress, it has not been deemed advisable to +attempt to enter into new treaties of a permanent character, although no +effort has been spared by temporary arrangements to preserve friendly +relations with them. +</p> + +<p> +If it be the desire of Congress to remove them from the country altogether, +or to assign to them particular districts more remote from the settlements +of the whites, it will be proper to set apart by law the territory which +they are to occupy and to provide the means necessary for removing them to +it. Justice alike to our own citizens and to the Indians requires the +prompt action of Congress on this subject. The amendments proposed by the +Senate to the treaties which were negotiated with the Sioux Indians of +Minnesota have been submitted to the tribes who were parties to them, and +have received their assent. A large tract of valuable territory has thus +been opened for settlement and cultivation, and all danger of collision +with these powerful and warlike bands has been happily removed. +</p> + +<p> +The removal of the remnant of the tribe of Seminole Indians from Florida +has long been a cherished object of the Government, and it is one to which +my attention has been steadily directed. Admonished by past experience of +the difficulty and cost of the attempt to remove them by military force, +resort has been had to conciliatory measures. By the invitation of the +Commissioner of Indian Affairs, several of the principal chiefs recently +visited Washington, and whilst here acknowledged in writing the obligation +of their tribe to remove with the least possible delay. Late advices from +the special agent of the Government represent that they adhere to their +promise, and that a council of their people has been called to make their +preliminary arrangements. A general emigration may therefore be confidently +expected at an early day. +</p> + +<p> +The report from the General Land Office shows increased activity in its +operations. The survey of the northern boundary of Iowa has been completed +with unexampled dispatch. Within the last year 9,522,953 acres of public +land have been surveyed and 8,032,463 acres brought into market. +</p> + +<p> +Acres In the last fiscal year there were sold 1,553,071 Located with +bounty-land warrants 3,201,314 Located with other certificates 115,682 +Making a total of 4,870,067 +</p> + +<p> +In addition there were--Reported under swamp-land grants 5,219,188 For +internal improvements, railroads, etc 3,025,920 Making an aggregate of +13,115,175 Being an increase of the amount sold and located under land +warrants of 569,220 acres over the previous year. The whole amount thus +sold, located under land warrants, reported under swamp-land grants, and +selected for internal improvements exceeds that of the previous year by +3,342,372 acres; and the sales would without doubt have been much larger +but for the extensive reservations for railroads in Missouri, Mississippi, +and Alabama. +</p> + +<p> +Acres For the quarter ending 30th September, 1852, there were sold 243,255 +Located with bounty-land warrants 1,387,116 Located with other certificates +15,649 Reported under swamp-land grants 2,485,233 Making an aggregate for +the quarter of 4,131,253 +</p> + +<p> +Much the larger portion of the labor of arranging and classifying the +returns of the last census has been finished, and it will now devolve upon +Congress to make the necessary provision for the publication of the results +in such form as shall be deemed best. The apportionment of representation +on the basis of the new census has been made by the Secretary of the +Interior in conformity with the provisions of law relating to that subject, +and the recent elections have been made in accordance with it. +</p> + +<p> +I commend to your favorable regard the suggestion contained in the report +of the Secretary of the Interior that provision be made by law for the +publication and distribution, periodically, of an analytical digest of all +the patents which have been or may hereafter be granted for useful +inventions and discoveries, with such descriptions and illustrations as may +be necessary to present an intelligible view of their nature and operation. +The cost of such publication could easily be defrayed out of the patent +fund, and I am persuaded that it could be applied to no object more +acceptable to inventors and beneficial to the public at large. +</p> + +<p> +An appropriation of $100,000 having been made at the last session for the +purchase of a suitable site and for the erection, furnishing, and fitting +up of an asylum for the insane of the District of Columbia and of the Army +and Navy of the United States, the proper measures have been adopted to +carry this beneficent purpose into effect. +</p> + +<p> +By the latest advices from the Mexican boundary commission it appears that +the survey of the river Gila from its continence with the Colorado to its +supposed intersection with the western line of New Mexico has been +completed. The survey of the Rio Grande has also been finished from the +point agreed on by the commissioners as "the point where it strikes the +southern boundary of New Mexico" to a point 135 miles below Eagle Pass, +which is about two-thirds of the distance along the course of the river to +its mouth. +</p> + +<p> +The appropriation which was made at the last session of Congress for the +continuation of the survey is subject to the following proviso: Provided, +That no part of this appropriation shall be used or expended until it shall +be made satisfactorily to appear to the President of the United States that +the southern boundary of New Mexico is not established by the commissioner +and surveyor of the United States farther north of the town called "Paso" +than the same is laid down in Disturnell's map, which is added to the +treaty. +</p> + +<p> +My attention was drawn to this subject by a report from the Department of +the Interior, which reviewed all the facts of the case and submitted for my +decision the question whether under existing circumstances any part of the +appropriation could be lawfully used or expended for the further +prosecution of the work. After a careful consideration of the subject I +came to the conclusion that it could not, and so informed the head of that +Department. Orders were immediately issued by him to the commissioner and +surveyor to make no further requisitions on the Department, as they could +not be paid, and to discontinue all operations on the southern line of New +Mexico. But as the Department had no exact information as to the amount of +provisions and money which remained unexpended in the hands of the +commissioner and surveyor, it was left discretionary with them to continue +the survey down the Rio Grande as far as the means at their disposal would +enable them or at once to disband the commission. A special messenger has +since arrived from the officer in charge of the survey on the river with +information that the funds subject to his control were exhausted and that +the officers and others employed in the service were destitute alike of the +means of prosecuting the work and of returning to their homes. +</p> + +<p> +The object of the proviso was doubtless to arrest the survey of the +southern and western lines of New Mexico, in regard to which different +opinions have been expressed; for it is hardly to be supposed that there +could be any objection to that part of the line which extends along the +channel of the Rio Grande. But the terms of the law are so broad as to +forbid the use of any part of the money for the prosecution of the work, or +even for the payment to the officers and agents of the arrearages of pay +which are justly due to them. +</p> + +<p> +I earnestly invite your prompt attention to this subject, and recommend a +modification of the terms of the proviso, so as to enable the Department to +use as much of the appropriation as will be necessary to discharge the +existing obligations of the Government and to complete the survey of the +Rio Grande to its mouth. +</p> + +<p> +It will also be proper to make further provision by law for the fulfillment +of our treaty with Mexico for running and marking the residue of the +boundary line between the two countries. +</p> + +<p> +Permit me to invite your particular attention to the interests of the +District of Columbia, which are confided by the Constitution to your +peculiar care. +</p> + +<p> +Among the measures which seem to me of the greatest importance to its +prosperity are the introduction of a copious supply of water into the city +of Washington and the construction of suitable bridges across the Potomac +to replace those which were destroyed by high water in the early part of +the present year. +</p> + +<p> +At the last session of Congress an appropriation was made to defray the +cost of the surveys necessary for determining the best means of affording +an unfailing supply of good and wholesome water. Some progress has been +made in the survey, and as soon as it is completed the result will be laid +before you. +</p> + +<p> +Further appropriations will also be necessary for grading and paving the +streets and avenues and inclosing and embellishing the public grounds +within the city of Washington. +</p> + +<p> +I commend all these objects, together with the charitable institutions of +the District, to your favorable regard. Every effort has been made to +protect our frontier and that of the adjoining Mexican States from the +incursions of the Indian tribes. Of about 11,000 men of which the Army is +composed, nearly 8,000 are employed in the defense of the newly acquired +territory (including Texas) and of emigrants proceeding thereto. I am +gratified to say that these efforts have been unusually successful. With +the exception of some partial outbreaks in California and Oregon and +occasional depredations on a portion of the Rio Grande, owing, it is +believed, to the disturbed state of that border region, the inroads of the +Indians have been effectually restrained. +</p> + +<p> +Experience has shown, however, that whenever the two races are brought into +contact collisions will inevitably occur. To prevent these collisions the +United States have generally set apart portions of their territory for the +exclusive occupation of the Indian tribes. A difficulty occurs, however, in +the application of this policy to Texas. By the terms of the compact by +which that State was admitted into the Union she retained the ownership of +all the vacant lands within her limits. The government of that State, it is +understood, has assigned no portion of her territory to the Indians, but as +fast as her settlements advance lays it off into counties and proceeds to +survey and sell it. This policy manifestly tends not only to alarm and +irritate the Indians, but to compel them to resort to plunder for +subsistence. It also deprives this Government of that influence and control +over them without which no durable peace can ever exist between them and +the whites. I trust, therefore, that a due regard for her own interests, +apart from considerations of humanity and justice, will induce that State +to assign a small portion of her vast domain for the provisional occupancy +of the small remnants of tribes within her borders, subject, of course, to +her ownership and eventual jurisdiction. If she should fail to do this, the +fulfillment of our treaty stipulations with Mexico and our duty to the +Indians themselves will, it is feared, become a subject of serious +embarrassment to the Government. It is hoped, however, that a timely and +just provision by Texas may avert this evil. +</p> + +<p> +No appropriations for fortifications were made at the two last sessions of +Congress. The cause of this omission is probably to be found in a growing +belief that the system of fortifications adopted in 1816, and heretofore +acted on, requires revision. +</p> + +<p> +The subject certainly deserves full and careful investigation, but it +should not be delayed longer than can be avoided. In the meantime there are +certain works which have been commenced, some of them nearly completed, +designed to protect our principal seaports from Boston to New Orleans and a +few other important points. In regard to the necessity for these works, it +is believed that little difference of opinion exists among military men. I +therefore recommend that the appropriations necessary to prosecute them be +made. +</p> + +<p> +I invite your attention to the remarks on this subject and on others +connected with his Department contained in the accompanying report of the +Secretary of War. +</p> + +<p> +Measures have been taken to carry into effect the law of the last session +making provision for the improvement of certain rivers and harbors, and it +is believed that the arrangements made for that purpose will combine +efficiency with economy. Owing chiefly to the advanced season when the act +was passed, little has yet been done in regard to many of the works beyond +making the necessary preparations. With respect to a few of the +improvements, the sums already appropriated will suffice to complete them; +but most of them will require additional appropriations. I trust that these +appropriations will be made, and that this wise and beneficent policy, so +auspiciously resumed, will be continued. Great care should be taken, +however, to commence no work which is not of sufficient importance to the +commerce of the country to be viewed as national in its character. But +works which have been commenced should not be discontinued until completed, +as otherwise the sums expended will in most cases be lost. +</p> + +<p> +The report from the Navy Department will inform you of the prosperous +condition of the branch of the public service committed to its charge. It +presents to your consideration many topics and suggestions of which I ask +your approval. It exhibits an unusual degree of activity in the operations +of the Department during the past year. The preparations for the Japan +expedition, to which I have already alluded; the arrangements made for the +exploration and survey of the China Seas, the Northern Pacific, and +Behrings Straits; the incipient measures taken toward a reconnoissance of +the continent of Africa eastward of Liberia; the preparation for an early +examination of the tributaries of the river La Plata, which a recent decree +of the provisional chief of the Argentine Confederation has opened to +navigation--all these enterprises and the means by which they are proposed +to be accomplished have commanded my full approbation, and I have no doubt +will be productive of most useful results. +</p> + +<p> +Two officers of the Navy were heretofore instructed to explore the whole +extent of the Amazon River from the confines of Peru to its mouth. The +return of one of them has placed in the possession of the Government an +interesting and valuable account of the character and resources of a +country abounding in the materials of commerce, and which if opened to the +industry of the world will prove an inexhaustible fund of wealth. The +report of this exploration will be communicated to you as soon as it is +completed. +</p> + +<p> +Among other subjects offered to your notice by the Secretary of the Navy, I +select for special commendation, in view of its connection with the +interests of the Navy, the plan submitted by him for the establishment of a +permanent corps of seamen and the suggestions he has presented for the +reorganization of the Naval Academy. +</p> + +<p> +In reference to the first of these, I take occasion to say that I think it +will greatly improve the efficiency of the service, and that I regard it as +still more entitled to favor for the salutary influence it must exert upon +the naval discipline, now greatly disturbed by the increasing spirit of +insubordination resulting from our present system. The plan proposed for +the organization of the seamen furnishes a judicious substitute for the law +of September, 1850, abolishing corporal punishment, and satisfactorily +sustains the policy of that act under conditions well adapted to maintain +the authority of command and the order and security of our ships. It is +believed that any change which proposes permanently to dispense with this +mode of punishment should be preceded by a system of enlistment which shall +supply the Navy with seamen of the most meritorious class, whose good +deportment and pride of character may preclude all occasion for a resort to +penalties of a harsh or degrading nature. The safety of a ship and her crew +is often dependent upon immediate obedience to a command, and the authority +to enforce it must be equally ready. The arrest of a refractory seaman in +such moments not only deprives the ship of indispensable aid, but imposes a +necessity for double service on others, whose fidelity to their duties may +be relied upon in such an emergency. The exposure to this increased and +arduous labor since the passage of the act of 1850 has already had, to a +most observable and injurious extent, the effect of preventing the +enlistment of the best seamen in the Navy. The plan now suggested is +designed to promote a condition of service in which this objection will no +longer exist. The details of this plan may be established in great part, if +not altogether, by the Executive under the authority of existing laws, but +I have thought it proper, in accordance with the suggestion of the +Secretary of the Navy, to submit it to your approval. +</p> + +<p> +The establishment of a corps of apprentices for the Navy, or boys to be +enlisted until they become of age, and to be employed under such +regulations as the Navy Department may devise, as proposed in the report, I +cordially approve and commend to your consideration; and I also concur in +the suggestion that this system for the early training of seamen may be +most usefully ingrafted upon the service of our merchant marine. The other +proposition of the report to which I have referred--the reorganization of +the Naval Academy--I recommend to your attention as a project worthy of +your encouragement and support. The valuable services already rendered by +this institution entitle it to the continuance of your fostering care. +</p> + +<p> +Your attention is respectfully called to the report of the Postmaster +General for the detailed operation of his Department during the last fiscal +year, from which it will be seen that the receipts from postages for that +time were less by $1,431,696 than for the preceding fiscal year, being a +decrease of about 23 per cent. +</p> + +<p> +This diminution is attributable to the reduction in the rates of postage +made by the act of March 3, 1851, which reduction took effect at the +commencement of the last fiscal year. +</p> + +<p> +Although in its operation during the last year the act referred to has not +fulfilled the predictions of its friends by increasing the correspondence +of the country in proportion to the reduction of postage, I should, +nevertheless, question the policy of returning to higher rates. Experience +warrants the expectation that as the community becomes accustomed to cheap +postage correspondence will increase. It is believed that from this cause +and from the rapid growth of the country in population and business the +receipts of the Department must ultimately exceed its expenses, and that +the country may safely rely upon the continuance of the present cheap rate +of postage. +</p> + +<p> +In former messages I have, among other things, respectfully recommended to +the consideration of Congress the propriety and necessity of further +legislation for the protection and punishment of foreign consuls residing +in the United States; to revive, with certain modifications, the act of +10th March, 1838, to restrain unlawful military expeditions against the +inhabitants of conterminous states or territories; for the preservation and +protection from mutilation or theft of the papers, records, and archives of +the nation; for authorizing the surplus revenue to be applied to the +payment of the public debt in advance of the time when it will become due; +for the establishment of land offices for the sale of the public lands in +California and the Territory of Oregon; for the construction of a road from +the Mississippi Valley to the Pacific Ocean; for the establishment of a +bureau of agriculture for the promotion of that interest, perhaps the most +important in the country; for the prevention of frauds upon the Government +in applications for pensions and bounty lands; for the establishment of a +uniform fee bill, prescribing a specific compensation for every service +required of clerks, district attorneys, and marshals; for authorizing an +additional regiment of mounted men for the defense of our frontiers against +the Indians and for fulfilling our treaty stipulations with Mexico to +defend her citizens against the Indians "with equal diligence and energy as +our own;" for determining the relative rank between the naval and civil +officers in our public ships and between the officers of the Army and Navy +in the various grades of each; for reorganizing the naval establishment by +fixing the number of officers in each grade, and providing for a retired +list upon reduced pay of those unfit for active duty; for prescribing and +regulating punishments in the Navy; for the appointment of a commission to +revise the public statutes of the United States by arranging them in order, +supplying deficiencies, correcting incongruities, simplifying their +language, and reporting them to Congress for its final action; and for the +establishment of a commission to adjudicate and settle private claims +against the United States. I am not aware, however, that any of these +subjects have been finally acted upon by Congress. Without repeating the +reasons for legislation on these subjects which have been assigned in +former messages, I respectfully recommend them again to your favorable +consideration. +</p> + +<p> +I think it due to the several Executive Departments of this Government to +bear testimony to the efficiency and integrity with which they are +conducted. With all the careful superintendence which it is possible for +the heads of those Departments to exercise, still the due administration +and guardianship of the public money must very much depend on the +vigilance, intelligence, and fidelity of the subordinate officers and +clerks, and especially on those intrusted with the settlement and +adjustment of claims and accounts. I am gratified to believe that they have +generally performed their duties faithfully and well. They are appointed to +guard the approaches to the public Treasury, and they occupy positions that +expose them to all the temptations and seductions which the cupidity of +peculators and fraudulent claimants can prompt them to employ. It will be +but a wise precaution to protect the Government against that source of +mischief and corruption, as far as it can be done, by the enactment of all +proper legal penalties. The laws in this respect are supposed to be +defective, and I therefore deem it my duty to call your attention to the +subject and to recommend that provision be made by law for the punishment +not only of those who shall accept bribes, but also of those who shall +either promise, give, or offer to give to any of those officers or clerks a +bribe or reward touching or relating to any matter of their official action +or duty. +</p> + +<p> +It has been the uniform policy of this Government, from its foundation to +the present day, to abstain from all interference in the domestic affairs +of other nations. The consequence has been that while the nations of Europe +have been engaged in desolating wars our country has pursued its peaceful +course to unexampled prosperity and happiness. The wars in which we have +been compelled to engage in defense of the rights and honor of the country +have been, fortunately, of short duration. During the terrific contest of +nation against nation which succeeded the French Revolution we were enabled +by the wisdom and firmness of President Washington to maintain our +neutrality. While other nations were drawn into this wide-sweeping +whirlpool, we sat quiet and unmoved upon our own shores. While the flower +of their numerous armies was wasted by disease or perished by hundreds of +thousands upon the battlefield, the youth of this favored land were +permitted to enjoy the blessings of peace beneath the paternal roof. While +the States of Europe incurred enormous debts, under the burden of which +their subjects still groan, and which must absorb no small part of the +product of the honest industry of those countries for generations to come, +the United States have once been enabled to exhibit the proud spectacle of +a nation free from public debt, and if permitted to pursue our prosperous +way for a few years longer in peace we may do the same again. +</p> + +<p> +But it is now said by some that this policy must be changed. Europe is no +longer separated from us by a voyage of months, but steam navigation has +brought her within a few days' sail of our shores. We see more of her +movements and take a deeper interest in her controversies. Although no one +proposes that we should join the fraternity of potentates who have for ages +lavished the blood and treasure of their subjects in maintaining "the +balance of power," yet it is said that we ought to interfere between +contending sovereigns and their subjects for the purpose of overthrowing +the monarchies of Europe and establishing in their place republican +institutions. It is alleged that we have heretofore pursued a different +course from a sense of our weakness, but that now our conscious strength +dictates a change of policy, and that it is consequently our duty to mingle +in these contests and aid those who are struggling for liberty. +</p> + +<p> +This is a most seductive but dangerous appeal to the generous sympathies of +freemen. Enjoying, as we do, the blessings of a free Government, there is +no man who has an American heart that would not rejoice to see these +blessings extended to all other nations. We can not witness the struggle +between the oppressed and his oppressor anywhere without the deepest +sympathy for the former and the most anxious desire for his triumph. +Nevertheless, is it prudent or is it wise to involve ourselves in these +foreign wars? Is it indeed true that we have heretofore refrained from +doing so merely from the degrading motive of a conscious weakness? For the +honor of the patriots who have gone before us, I can not admit it. Men of +the Revolution, who drew the sword against the oppressions of the mother +country and pledged to Heaven "their lives, their fortunes, and their +sacred honor" to maintain their freedom, could never have been actuated by +so unworthy a motive. They knew no weakness or fear where right or duty +pointed the way, and it is a libel upon their fair fame for us, while we +enjoy the blessings for which they so nobly fought and bled, to insinuate +it. The truth is that the course which they pursued was dictated by a stern +sense of international justice, by a statesmanlike prudence and a +far-seeing wisdom, looking not merely to the present necessities but to the +permanent safety and interest of the country. They knew that the world is +governed less by sympathy than by reason and force; that it was not +possible for this nation to become a "propagandist" of free principles +without arraying against it the combined powers of Europe, and that the +result was more likely to be the overthrow of republican liberty here than +its establishment there. History has been written in vain for those who can +doubt this. France had no sooner established a republican form of +government than she manifested a desire to force its blessings on all the +world. Her own historian informs us that, hearing of some petty acts of +tyranny in a neighboring principality, "the National Convention declared +that she would afford succor and fraternity to all nations who wished to +recover their liberty, and she gave it in charge to the executive power to +give orders to the generals of the French armies to aid all citizens who +might have been or should be oppressed in the cause of liberty." Here was +the false step which led to her subsequent misfortunes. She soon found +herself involved in war with all the rest of Europe. In less than ten years +her Government was changed from a republic to an empire, and finally, after +shedding rivers of blood, foreign powers restored her exiled dynasty and +exhausted Europe sought peace and repose in the unquestioned ascendency of +monarchical principles. Let us learn wisdom from her example. Let us +remember that revolutions do not always establish freedom. Our own free +institutions were not the offspring of our Revolution. They existed before. +They were planted in the free charters of self-government under which the +English colonies grew up, and our Revolution only freed us from the +dominion of a foreign power whose government was at variance with those +institutions. But European nations have had no such training for +self-government, and every effort to establish it by bloody revolutions has +been, and must without that preparation continue to be, a failure. Liberty +unregulated by law degenerates into anarchy, which soon becomes the most +horrid of all despotisms. Our policy is wisely to govern ourselves, and +thereby to set such an example of national justice, prosperity, and true +glory as shall teach to all nations the blessings of self-government and +the unparalleled enterprise and success of a free people. +</p> + +<p> +We live in an age of progress, and ours is emphatically a country of +progress. Within the last half century the number of States in this Union +has nearly doubled, the population has almost quadrupled, and our +boundaries have been extended from the Mississippi to the Pacific. Our +territory is checkered over with railroads and furrowed with canals. The +inventive talent of our country is excited to the highest pitch, and the +numerous applications for patents for valuable improvements distinguish +this age and this people from all others. The genius of one American has +enabled our commerce to move against wind and tide and that of another has +annihilated distance in the transmission of intelligence. The whole country +is full of enterprise. Our common schools are diffusing intelligence among +the people and our industry is fast accumulating the comforts and luxuries +of life. This is in part owing to our peculiar position, to our fertile +soil and comparatively sparse population; but much of it is also owing to +the popular institutions under which we live, to the freedom which every +man feels to engage in any useful pursuit according to his taste or +inclination, and to the entire confidence that his person and property will +be protected by the laws. But whatever may be the cause of this +unparalleled growth in population, intelligence, and wealth, one tiring is +clear--that the Government must keep pace with the progress of the people. +It must participate in their spirit of enterprise, and while it exacts +obedience to the laws and restrains all unauthorized invasions of the +rights of neighboring states, it should foster and protect home industry +and lend its powerful strength to the improvement of such means of +intercommunication as are necessary to promote our internal commerce and +strengthen the ties which bind us together as a people. +</p> + +<p> +It is not strange, however much it may be regretted, that such an +exuberance of enterprise should cause some individuals to mistake change +for progress and the invasion of the rights of others for national prowess +and glory. The former are constantly agitating for some change in the +organic law, or urging new and untried theories of human rights. The latter +are ever ready to engage in any wild crusade against a neighboring people, +regardless of the justice of the enterprise and without looking at the +fatal consequences to ourselves and to the cause of popular government. +Such expeditions, however, are often stimulated by mercenary individuals, +who expect to share the plunder or profit of the enterprise without +exposing themselves to danger, and are led on by some irresponsible +foreigner, who abuses the hospitality of our own Government by seducing the +young and ignorant to join in his scheme of personal ambition or revenge +under the false and delusive pretense of extending the area of freedom. +These reprehensible aggressions but retard the true progress of our nation +and tarnish its fair fame. They should therefore receive the indignant +frowns of every good citizen who sincerely loves his country and takes a +pride in its prosperity and honor. Our Constitution, though not perfect, is +doubtless the best that ever was formed. Therefore let every proposition to +change it be well weighed and, if found beneficial, cautiously adopted. +Every patriot will rejoice to see its authority so exerted as to advance +the prosperity and honor of the nation, whilst he will watch with jealousy +any attempt to mutilate this charter of our liberties or pervert its powers +to acts of aggression or injustice. Thus shall conservatism and progress +blend their harmonious action in preserving the form and spirit of the +Constitution and at the same time carry forward the great improvements of +the country with a rapidity and energy which freemen only can display. +</p> + +<p> +In closing this my last annual communication, permit me, fellow-citizens, +to congratulate you on the prosperous condition of our beloved country. +Abroad its relations with all foreign powers are friendly, its rights are +respected, and its high place in the family of nations cheerfully +recognized. At home we enjoy an amount of happiness, public and private, +which has probably never fallen to the lot of any other people. Besides +affording to our own citizens a degree of prosperity of which on so large a +scale I know of no other instance, our country is annually affording a +refuge and a home to multitudes, altogether without example, from the Old +World. +</p> + +<p> +We owe these blessings, under Heaven, to the happy Constitution and +Government which were bequeathed to us by our fathers, and which it is our +sacred duty to transmit in all their integrity to our children. We must all +consider it a great distinction and privilege to have been chosen by the +people to bear a part in the administration of such a Government. Called by +an unexpected dispensation to its highest trust at a season of +embarrassment and alarm, I entered upon its arduous duties with extreme +diffidence. I claim only to have discharged them to the best of an humble +ability, with a single eye to the public good, and it is with devout +gratitude in retiring from office that I leave the country in a state of +peace and prosperity. +</p> + +<p><br /><br /><br /><br /></p> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's State of the Union Addresses, by Millard Fillmore + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5021-h.htm or 5021-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/2/5021/ + +Produced by James Linden. 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Thus, we do not +necessarily keep eBooks in compliance with any particular paper +edition. + +Most people start at our Web site which has the main PG search +facility: www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + + +</pre> + +</body> + +</html> + diff --git a/5021.txt b/5021.txt new file mode 100644 index 0000000..8ce689e --- /dev/null +++ b/5021.txt @@ -0,0 +1,3400 @@ +Project Gutenberg's State of the Union Addresses, by Millard Fillmore + +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 + +Author: Millard Fillmore + +Posting Date: November 27, 2014 [EBook #5021] +Release Date: February, 2004 +First Posted: April 11, 2002 +Last Updated: December 16, 2004 + +Language: English + +Character set encoding: ASCII + +*** 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 Millard Fillmore + + + +The addresses are separated by three asterisks: *** + +Dates of addresses by Millard Fillmore in this eBook: + + December 2, 1850 + December 2, 1851 + December 6, 1852 + + + +*** + +State of the Union Address +Millard Fillmore +December 2, 1850 + +Fellow-Citizens of the Senate and of the House of Representatives: + +Being suddenly called in the midst of the last session of Congress by a +painful dispensation of Divine Providence to the responsible station which +I now hold, I contented myself with such communications to the Legislature +as the exigency of the moment seemed to require. The country was shrouded +in mourning for the loss of its venerable Chief Magistrate and all hearts +were penetrated with grief. Neither the time nor the occasion appeared to +require or to justify on my part any general expression of political +opinions or any announcement of the principles which would govern me in the +discharge of the duties to the performance of which I had been so +unexpectedly called. I trust, therefore, that it may not be deemed +inappropriate if I avail myself of this opportunity of the reassembling of +Congress to make known my sentiments in a general manner in regard to the +policy which ought to be pursued by the Government both in its intercourse +with foreign nations and its management and administration of internal +affairs. + +Nations, like individuals in a state of nature, are equal and independent, +possessing certain rights and owing certain duties to each other, arising +from their necessary and unavoidable relations; which rights and duties +there is no common human authority to protect and enforce. Still, they are +rights and duties, binding in morals, in conscience, and in honor, although +there is no tribunal to which an injured party can appeal but the +disinterested judgment of mankind, and ultimately the arbitrament of the +sword. + +Among the acknowledged rights of nations is that which each possesses of +establishing that form of government which it may deem most conducive to +the happiness and prosperity of its own citizens, of changing that form as +circumstances may require, and of managing its internal affairs according +to its own will. The people of the United States claim this right for +themselves, and they readily concede it to others. Hence it becomes an +imperative duty not to interfere in the government or internal policy of +other nations; and although we may sympathize with the unfortunate or the +oppressed everywhere in their struggles for freedom, our principles forbid +us from taking any part in such foreign contests. We make no wars to +promote or to prevent successions to thrones, to maintain any theory of a +balance of power, or to suppress the actual government which any country +chooses to establish for itself. We instigate no revolutions, nor suffer +any hostile military expeditions to be fitted out in the United States to +invade the territory or provinces of a friendly nation. The great law of +morality ought to have a national as well as a personal and individual +application. We should act toward other nations as we wish them to act +toward us, and justice and conscience should form the rule of conduct +between governments, instead of mere power, self interest, or the desire of +aggrandizement. To maintain a strict neutrality in foreign wars, to +cultivate friendly relations, to reciprocate every noble and generous act, +and to perform punctually and scrupulously every treaty obligation--these +are the duties which we owe to other states, and by the performance of +which we best entitle ourselves to like treatment from them; or, if that, +in any case, be refused, we can enforce our own rights with justice and a +clear conscience. + +In our domestic policy the Constitution will be my guide, and in questions +of doubt I shall look for its interpretation to the judicial decisions of +that tribunal which was established to expound it and to the usage of the +Government, sanctioned by the acquiescence of the country. I regard all its +provisions as equally binding. In all its parts it is the will of the +people expressed in the most solemn form, and the constituted authorities +are but agents to carry that will into effect. Every power which it has +granted is to be exercised for the public good; but no pretense of utility, +no honest conviction, even, of what might be expedient, can justify the +assumption of any power not granted. The powers conferred upon the +Government and their distribution to the several departments are as clearly +expressed in that sacred instrument as the imperfection of human language +will allow, and I deem it my first duty not to question its wisdom, add to +its provisions, evade its requirements, or nullify its commands. + +Upon you, fellow-citizens, as the representatives of the States and the +people, is wisely devolved the legislative power. I shall comply with my +duty in laying before you from time to time any information calculated to +enable you to discharge your high and responsible trust for the benefit of +our common constituents. + +My opinions will be frankly expressed upon the leading subjects of +legislation; and if--which I do not anticipate--any act should pass the two +Houses of Congress which should appear to me unconstitutional, or an +encroachment on the just powers of other departments, or with provisions +hastily adopted and likely to produce consequences injurious and +unforeseen, I should not shrink from the duty of returning it to you, with +my reasons, for your further consideration. Beyond the due performance of +these constitutional obligations, both my respect for the Legislature and +my sense of propriety will restrain me from any attempt to control or +influence your proceedings. With you is the power, the honor, and the +responsibility of the legislation of the country. + +The Government of the United States is a limited Government. It is confined +to the exercise of powers expressly granted and such others as may be +necessary for carrying those powers into effect; and it is at all times an +especial duty to guard against any infringement on the just rights of the +States. Over the objects and subjects intrusted to Congress its legislative +authority is supreme. But here that authority ceases, and every citizen who +truly loves the Constitution and desires the continuance of its existence +and its blessings will resolutely and firmly resist any interference in +those domestic affairs which the Constitution has dearly and unequivocally +left to the exclusive authority of the States. And every such citizen will +also deprecate useless irritation among the several members of the Union +and all reproach and crimination tending to alienate one portion of the +country from another. The beauty of our system of government consists, and +its safety and durability must consist, in avoiding mutual collisions and +encroachments and in the regular separate action of all, while each is +revolving in its own distinct orbit. + +The Constitution has made it the duty of the President to take care that +the laws be faithfully executed. In a government like ours, in which all +laws are passed by a majority of the representatives of the people, and +these representatives are chosen for such short periods that any injurious +or obnoxious law can very soon be repealed, it would appear unlikely that +any great numbers should be found ready to resist the execution of the +laws. But it must be borne in mind that the country is extensive; that +there may be local interests or prejudices rendering a law odious in one +part which is not so in another, and that the thoughtless and +inconsiderate, misled by their passions or their imaginations, may be +induced madly to resist such laws as they disapprove. Such persons should +recollect that without law there can be no real practical liberty; that +when law is trampled under foot tyranny rules, whether it appears in the +form of a military despotism or of popular violence. The law is the only +sure protection of the weak and the only efficient restraint upon the +strong. When impartially and faithfully administered, none is beneath its +protection and none above its control. You, gentlemen, and the country may +be assured that to the utmost of my ability and to the extent of the power +vested in me I shall at all times and in all places take care that the laws +be faithfully executed. In the discharge of this duty, solemnly imposed +upon me by the Constitution and by my oath of office, I shall shrink from +no responsibility, and shall endeavor to meet events as they may arise with +firmness, as well as with prudence and discretion. + +The appointing power is one of the most delicate with which the Executive +is invested. I regard it as a sacred trust, to be exercised with the sole +view of advancing the prosperity and happiness of the people. It shall be +my effort to elevate the standard of official employment by selecting for +places of importance individuals fitted for the posts to which they are +assigned by their known integrity, talents, and virtues. In so extensive a +country, with so great a population, and where few persons appointed to +office can be known to the appointing power, mistakes will sometimes +unavoidably happen and unfortunate appointments be made notwithstanding the +greatest care. In such cases the power of removal may be properly +exercised; and neglect of duty or malfeasance in office will be no more +tolerated in individuals appointed by myself than in those appointed by +others. I am happy in being able to say that no unfavorable change in our +foreign relations has taken place since the message at the opening of the +last session of Congress. We are at peace with all nations and we enjoy in +an eminent degree the blessings of that peace in a prosperous and growing +commerce and in all the forms of amicable national intercourse. The +unexampled growth of the country, the present amount of its population, and +its ample means of self-protection assure for it the respect of all +nations, while it is trusted that its character for justice and a regard to +the rights of other States will cause that respect to be readily and +cheerfully paid. + +A convention was negotiated between the United States and Great Britain in +April last for facilitating and protecting the construction of a ship canal +between the Atlantic and Pacific oceans and for other purposes. The +instrument has since been ratified by the contracting parties, the exchange +of ratifications has been effected, and proclamation thereof has been duly +made. + +In addition to the stipulations contained in this convention, two other +objects remain to be accomplished between the contracting powers: First. +The designation and establishment of a free port at each end of the canal. + +Second. An agreement fixing the distance from the shore within which +belligerent maritime operations shall not be carried on. On these points +there is little doubt that the two Governments will come to an +understanding. + +The company of citizens of the United States who have acquired from the +State of Nicaragua the privilege of constructing a ship canal between the +two oceans through the territory of that State have made progress in their +preliminary arrangements. The treaty between the United States and Great +Britain of the 19th of April last, above referred to, being now in +operation, it is to be hoped that the guaranties which it offers will be +sufficient to secure the completion of the work with all practicable +expedition. It is obvious that this result would be indefinitely postponed +if any other than peaceful measures for the purpose of harmonizing +conflicting claims to territory in that quarter should be adopted. It will +consequently be my endeavor to cause any further negotiations on the part +of this Government which may be requisite for this purpose to be so +conducted as to bring them to a speedy and successful close. + +Some unavoidable delay has occurred, arising from distance and the +difficulty of intercourse between this Government and that of Nicaragua, +but as intelligence has just been received of the appointment of an envoy +extraordinary and minister plenipotentiary of that Government to reside at +Washington, whose arrival may soon be expected, it is hoped that no further +impediments will be experienced in the prompt transaction of business +between the two Governments. + +Citizens of the United States have undertaken the connection of the two +oceans by means of a railroad across the Isthmus of Tehuantepec, under +grants of the Mexican Government to a citizen of that Republic. It is +understood that a thorough survey of the course of the communication is in +preparation, and there is every reason to expect that it will be prosecuted +with characteristic energy, especially when that Government shall have +consented to such stipulations with the Government of the United States as +may be necessary to impart a feeling of security to those who may embark +their property in the enterprise. Negotiations are pending for the +accomplishment of that object, and a hope is confidently entertained that +when the Government of Mexico shall become duly sensible of the advantages +which that country can not fail to derive from the work, and learn that the +Government of the United States desires that the right of sovereignty of +Mexico in the Isthmus shall remain unimpaired, the stipulations referred to +will be agreed to with alacrity. + +By the last advices from Mexico it would appear, however, that that +Government entertains strong objections to some of the stipulations which +the parties concerned in the project of the railroad deem necessary for +their protection and security. Further consideration, it is to be hoped, or +some modification of terms, may yet reconcile the differences existing +between the two Governments in this respect. + +Fresh instructions have recently been given to the minister of the United +States in Mexico, who is prosecuting the subject with promptitude and +ability. + +Although the negotiations with Portugal for the payment of claims of +citizens of the United States against that Government have not yet resulted +in a formal treaty, yet a proposition, made by the Government of Portugal +for the final adjustment and payment of those claims, has recently been +accepted on the part of the United States. It gives me pleasure to say that +Mr. Clay, to whom the negotiation on the part of the United States had been +intrusted, discharged the duties of his appointment with ability and +discretion, acting always within the instructions of his Government. + +It is expected that a regular convention will be immediately negotiated for +carrying the agreement between the two Governments into effect. The +commissioner appointed under the act of Congress for carrying into effect +the convention with Brazil of the 27th of January, 1849, has entered upon +the performance of the duties imposed upon him by that act. It is hoped +that those duties may be completed within the time which it prescribes. The +documents, however, which the Imperial Government, by the third article of +the convention, stipulates to furnish to the Government of the United +States have not yet been received. As it is presumed that those documents +will be essential for the correct disposition of the claims, it may become +necessary for Congress to extend the period limited for the duration of the +commission. The sum stipulated by the fourth article of the convention to +be paid to this Government has been received. + +The collection in the ports of the United States of discriminating duties +upon the vessels of Chili and their cargoes has been suspended, pursuant to +the provisions of the act of Congress of the 24th of May, 1828. It is to be +hoped that this measure will impart a fresh impulse to the commerce between +the two countries, which of late, and especially since our acquisition of +California, has, to the mutual advantage of the parties, been much +augmented. + +Peruvian guano has become so desirable an article to the agricultural +interest of the United States that it is the duty of the Government to +employ all the means properly in its power for the purpose of causing that +article to be imported into the country at a reasonable price. Nothing will +be omitted on my part toward accomplishing this desirable end. I am +persuaded that in removing any restraints on this traffic the Peruvian +Government will promote its own best interests, while it will afford a +proof of a friendly disposition toward this country, which will be duly +appreciated. + +The treaty between the United States and His Majesty the King of the +Hawaiian Islands, which has recently been made public, will, it is +believed, have a beneficial effect upon the relations between the two +countries. + +The relations between those parts of the island of St. Domingo which were +formerly colonies of Spain and France, respectively, are still in an +unsettled condition. The proximity of that island to the United States and +the delicate questions involved in the existing controversy there render it +desirable that it should be permanently and speedily adjusted. The +interests of humanity and of general commerce also demand this; and as +intimations of the same sentiment have been received from other +governments, it is hoped that some plan may soon be devised to effect the +object in a manner likely to give general satisfaction. The Government of +the United States will not fail, by the exercise of all proper friendly +offices, to do all in its power to put an end to the destructive war which +has raged between the different parts of the island and to secure to them +both the benefits of peace and commerce. + +I refer you to the report of the Secretary of the Treasury for a detailed +statement of the finances. + +The total receipts into the Treasury for the year ending 30th of June last +were $47,421,748.90. The total expenditures during the same period were +$43,002,168.90. The public debt has been reduced since the last annual +report from the Treasury Department $495,276.79. + +By the nineteenth section of the act of 28th January, 1847, the proceeds of +the sales of the public lands were pledged for the interest and principal +of the public debt. The great amount of those lands subsequently granted by +Congress for military bounties will, it is believed, very nearly supply the +public demand for several years to come, and but little reliance can, +therefore, be placed on that hitherto fruitful source of revenue. Aside +from the permanent annual expenditures, which have necessarily largely +increased, a portion of the public debt, amounting to $8,075,986.59, must +be provided for within the next two fiscal years. It is most desirable that +these accruing demands should be met without resorting to new loans. + +All experience has demonstrated the wisdom and policy of raising a large +portion of revenue for the support of Government from duties on goods +imported. The power to lay these duties is unquestionable, and its chief +object, of course, is to replenish the Treasury. But if in doing this an +incidental advantage may be gained by encouraging the industry of our own +citizens, it is our duty to avail ourselves of that advantage. + +A duty laid upon an article which can not be produced in this country, such +as tea or coffee, adds to the cost of the article, and is chiefly or wholly +paid by the consumer. But a duty laid upon an article which may be produced +here stimulates the skill and industry of our own country to produce the +same article, which is brought into the market in competition with the +foreign article, and the importer is thus compelled to reduce his price to +that at which the domestic article can be sold, thereby throwing a part of +the duty upon the producer of the foreign article. The continuance of this +process creates the skill and invites the capital which finally enable us +to produce the article much cheaper than it could have been procured from +abroad, thereby benefiting both the producer and the consumer at home. The +consequence of this is that the artisan and the agriculturist are brought +together, each affords a ready market for the produce of the other, the +whole country becomes prosperous, and the ability to produce every +necessary of life renders us independent in war as well as in peace. + +A high tariff can never be permanent. It will cause dissatisfaction, and +will be changed. It excludes competition, and thereby invites the +investment of capital in manufactures to such excess that when changed it +brings distress, bankruptcy, and ruin upon all who have been misled by its +faithless protection. What the manufacturer wants is uniformity and +permanency, that he may feel a confidence that he is not to be ruined by +sudden exchanges. But to make a tariff uniform and permanent it is not only +necessary that the laws should not be altered, but that the duty should not +fluctuate. To effect this all duties should be specific wherever the nature +of the article is such as to admit of it. Ad valorem duties fluctuate with +the price and offer strong temptations to fraud and perjury. Specific +duties, on the contrary, are equal and uniform in all ports and at all +times, and offer a strong inducement to the importer to bring the best +article, as he pays no more duty upon that than upon one of inferior +quality. I therefore strongly recommend a modification of the present +tariff, which has prostrated some of our most important and necessary +manufactures, and that specific duties be imposed sufficient to raise the +requisite revenue, making such discriminations in favor of the industrial +pursuits of our own country as to encourage home production without +excluding foreign competition. It is also important that an unfortunate +provision in the present tariff, which imposes a much higher duty upon the +raw material that enters into our manufactures than upon the manufactured +article, should be remedied. + +The papers accompanying the report of the Secretary of the Treasury will +disclose frauds attempted upon the revenue, in variety and amount so great +as to justify the conclusion that it is impossible under any system of ad +valorem duties levied upon the foreign cost or value of the article to +secure an honest observance and an effectual administration of the laws. +The fraudulent devices to evade the law which have been detected by the +vigilance of the appraisers leave no room to doubt that similar impositions +not discovered, to a large amount, have been successfully practiced since +the enactment of the law now in force. This state of things has already had +a prejudicial influence upon those engaged in foreign commerce. It has a +tendency to drive the honest trader from the business of importing and to +throw that important branch of employment into the hands of unscrupulous +and dishonest men, who are alike regardless of law and the obligations of +an oath. By these means the plain intentions of Congress, as expressed in +the law, are daily defeated. Every motive of policy and duty, therefore, +impels me to ask the earnest attention of Congress to this subject. If +Congress should deem it unwise to attempt any important changes in the +system of levying duties at this session, it will become indispensable to +the protection of the revenue that such remedies as in the judgment of +Congress may mitigate the evils complained of should be at once applied. + +As before stated, specific duties would, in my opinion, afford the most +perfect remedy for this evil; but if you should not concur in this view, +then, as a partial remedy, I beg leave respectfully to recommend that +instead of taking the invoice of the article abroad as a means of +determining its value here, the correctness of which invoice it is in many +cases impossible to verify, the law be so changed as to require a home +valuation or appraisal, to be regulated in such manner as to give, as far +as practicable, uniformity in the several ports. + +There being no mint in California, I am informed that the laborers in the +mines are compelled to dispose of their gold dust at a large discount. This +appears to me to be a heavy and unjust tax upon the labor of those employed +in extracting this precious metal, and I doubt not you will be disposed at +the earliest period possible to relieve them from it by the establishment +of a mint. In the meantime, as an assayer's office is established there, I +would respectfully submit for your consideration the propriety of +authorizing gold bullion which has been assayed and stamped to be received +in payment of Government dues. I can not conceive that the Treasury would +suffer any loss by such a provision, which will at once raise bullion to +its par value, and thereby save (if I am rightly informed) many millions of +dollars to the laborers which are now paid in brokerage to convert this +precious metal into available funds. This discount upon their hard earnings +is a heavy tax, and every effort should be made by the Government to +relieve them from so great a burden. + +More than three-fourths of our population are engaged in the cultivation of +the soil. The commercial, manufacturing, and navigating interests are all +to a great extent dependent on the agricultural. It is therefore the most +important interest of the nation, and has a just claim to the fostering +care and protection of the Government so far as they can be extended +consistently with the provisions of the Constitution. As this can not be +done by the ordinary modes of legislation, I respectfully recommend the +establishment of an agricultural bureau, to be charged with the duty of +giving to this leading branch of American industry the encouragement which +it so well deserves. In view of the immense mineral resources of our +country, provision should also be made for the employment of a competent +mineralogist and chemist, who should be required, under the direction of +the head of the bureau, to collect specimens of the various minerals of our +country and to ascertain by careful analysis their respective elements and +properties and their adaptation to useful purposes. He should also be +required to examine and report upon the qualities of different soils and +the manures best calculated to improve their productiveness. By publishing +the results of such experiments, with suitable explanations, and by the +collection and distribution of rare seeds and plants, with instructions as +to the best system of cultivation, much may be done to promote this great +national interest. + +In compliance with the act of Congress passed on the 23d of May, 1850, +providing, among other things, for taking the Seventh Census, a +superintendent was appointed and all other measures adopted which were +deemed necessary to insure the prompt and faithful performance of that +duty. The appropriation already made will, it is believed, be sufficient to +defray the whole expense of the work, but further legislation may be +necessary in regard to the compensation of some of the marshals of the +Territories. It will also be proper to make provision by law at an early +day for the publication of such abstracts of the returns as the public +interests may require. + +The unprecedented growth of our territories on the Pacific in wealth and +population and the consequent increase of their social and commercial +relations with the Atlantic States seem to render it the duty of the +Government to use all its constitutional power to improve the means of +intercourse with them. The importance of opening "a line of communication, +the best and most expeditious of which the nature of the country will +admit," between the Valley of the Mississippi and the Pacific was brought +to your notice by my predecessor in his annual message; and as the reasons +which he presented in favor of the measure still exist in full force, I beg +leave to call your attention to them and to repeat the recommendations then +made by him. + +The uncertainty which exists in regard to the validity of land titles in +California is a subject which demands your early consideration. Large +bodies of land in that State are claimed under grants said to have been +made by authority of the Spanish and Mexican Governments. Many of these +have not been perfected, others have been revoked, and some are believed to +be fraudulent. But until they shall have been judicially investigated they +will continue to retard the settlement and improvement of the country. I +therefore respectfully recommend that provision be made by law for the +appointment of commissioners to examine all such claims with a view to +their final adjustment. + +I also beg leave to call your attention to the propriety of extending at an +early day our system of land laws, with such modifications as may be +necessary, over the State of California and the Territories of Utah and New +Mexico. The mineral lands of California will, of course, form an exception +to any general system which may be adopted. Various methods of disposing of +them have been suggested. I was at first inclined to favor the system of +leasing, as it seemed to promise the largest revenue to the Government and +to afford the best security against monopolies; but further reflection and +our experience in leasing the lead mines and selling lands upon credit have +brought my mind to the conclusion that there would be great difficulty in +collecting the rents, and that the relation of debtor and creditor between +the citizens and the Government would be attended with many mischievous +consequences. I therefore recommend that instead of retaining the mineral +lands under the permanent control of the Government they be divided into +small parcels and sold, under such restrictions as to quantity and time as +will insure the best price and guard most effectually against combinations +of capitalists to obtain monopolies. + +The annexation of Texas and the acquisition of California and New Mexico +have given increased importance to our Indian relations. The various tribes +brought under our jurisdiction by these enlargements of our boundaries are +estimated to embrace a population of 124,000. Texas and New Mexico are +surrounded by powerful tribes of Indians, who are a source of constant +terror and annoyance to the inhabitants. Separating into small predatory +bands, and always mounted, they overrun the country, devastating farms, +destroying crops, driving off whole herds of cattle, and occasionally +murdering the inhabitants or carrying them into captivity. The great roads +leading into the country are infested with them, whereby traveling is +rendered extremely dangerous and immigration is almost entirely arrested. +The Mexican frontier, which by the eleventh article of the treaty of +Guadalupe Hidalgo we are bound to protect against the Indians within our +border, is exposed to these incursions equally with our own. The military +force stationed in that country, although forming a large proportion of the +Army, is represented as entirely inadequate to our own protection and the +fulfillment of our treaty stipulations with Mexico. The principal +deficiency is in cavalry, and I recommend that Congress should, at as early +a period as practicable, provide for the raising of one or more regiments +of mounted men. + +For further suggestions on this subject and others connected with our +domestic interests and the defense of our frontier, I refer you to the +reports of the Secretary of the Interior and of the Secretary of War. + +I commend also to your favorable consideration the suggestion contained in +the last-mentioned report and in the letter of the General in Chief +relative to the establishment of an asylum for the relief of disabled and +destitute soldiers. This subject appeals so strongly to your sympathies +that it would be superfluous in me to say anything more than barely to +express my cordial approbation of the proposed object. + +The Navy continues to give protection to our commerce and other national +interests in the different quarters of the globe, and, with the exception +of a single steamer on the Northern lakes, the vessels in commission are +distributed in six different squadrons. + +The report of the head of that Department will exhibit the services of +these squadrons and of the several vessels employed in each during the past +year. It is a source of gratification that, while they have been constantly +prepared for any hostile emergency, they have everywhere met with the +respect and courtesy due as well to the dignity as to the peaceful +dispositions and just purposes of the nation. + +The two brigantines accepted by the Government from a generous citizen of +New York and placed under the command of an officer of the Navy to proceed +to the Arctic Seas in quest of the British commander Sir John Franklin and +his companions, in compliance with the act of Congress approved in May +last, had when last heard from penetrated into a high northern latitude; +but the success of this noble and humane enterprise is yet uncertain. + +I invite your attention to the view of our present naval establishment and +resources presented in the report of the Secretary of the Navy, and the +suggestions therein made for its improvement, together with the naval +policy recommended for the security of our Pacific Coast and the protection +and extension of our commerce with eastern Asia. Our facilities for a +larger participation in the trade of the East, by means of our recent +settlements on the shores of the Pacific, are too obvious to be overlooked +or disregarded. + +The questions in relation to rank in the Army and Navy and relative rank +between officers of the two branches of the service, presented to the +Executive by certain resolutions of the House of Representatives at the +last session of Congress, have been submitted to a board of officers in +each branch of the service, and their report may be expected at an early +day. + +I also earnestly recommend the enactment of a law authorizing officers of +the Army and Navy to be retired from the service when incompetent for its +vigorous and active duties, taking care to make suitable provision for +those who have faithfully served their country and awarding distinctions by +retaining in appropriate commands those who have been particularly +conspicuous for gallantry and good conduct. While the obligation of the +country to maintain and honor those who, to the exclusion of other +pursuits, have devoted themselves to its arduous service is acknowledged, +this obligation should not be permitted to interfere with the efficiency of +the service itself. + +I am gratified in being able to state that the estimates of expenditure for +the Navy in the ensuing year are less by more than $1,000,000 than those of +the present, excepting the appropriation which may become necessary for the +construction of a dock on the coast of the Pacific, propositions for which +are now being considered and on which a special report may be expected +early in your present session. + +There is an evident justness in the suggestion of the same report that +appropriations for the naval service proper should be separated from those +for fixed and permanent objects, such as building docks and navy yards and +the fixtures attached, and from the extraordinary objects under the care of +the Department which, however important, are not essentially naval. + +A revision of the code for the government of the Navy seems to require the +immediate consideration of Congress. Its system of crimes and punishments +had undergone no change for half a century until the last session, though +its defects have been often and ably pointed out; and the abolition of a +particular species of corporal punishment, which then took place, without +providing any substitute, has left the service in a state of defectiveness +which calls for prompt correction. I therefore recommend that the whole +subject be revised without delay and such a system established for the +enforcement of discipline as shall be at once humane and effectual. + +The accompanying report of the Postmaster-General presents a satisfactory +view of the operations and condition of that Department. At the close of +the last fiscal year the length of the inland mail routes in the United +States (not embracing the service in Oregon and California) was 178,672 +miles, the annual transportation thereon 46,541,423 miles, and the annual +cost of such transportation $2,724,426. The increase of the annual +transportation over that of the preceding year was 3,997,354 miles and the +increase in cost was $342,440. The number of post-offices in the United +States on the 1st day of July last was 18,417, being an increase of 1,670 +during the preceding year. + +The gross revenues of the Department for the fiscal year ending June 30, +1850, amounted to $5,552,971.48, including the annual appropriation of +$200,000 for the franked matter of the Departments and excluding the +foreign postages collected for and payable to the British Government. + +The expenditures for the same period were $5,212,953.43, leaving a balance +of revenue over expenditures of $340,018.05. + +I am happy to find that the fiscal condition of the Department is such as +to justify the Postmaster-General in recommending the reduction of our +inland letter postage to 3 cents the single letter when prepaid and 5 cents +when not prepaid. He also recommends that the prepaid rate shall be reduced +to 2 cents whenever the revenues of the Department, after the reduction, +shall exceed its expenditures by more than 5 per cent for two consecutive +years; that the postage upon California and other letters sent by our ocean +steamers shall be much reduced, and that the rates of postage on +newspapers, pamphlets, periodicals, and other printed matter shall be +modified and some reduction thereon made. + +It can not be doubted that the proposed reductions will for the present +diminish the revenues of the Department. It is believed that the +deficiency, after the surplus already accumulated shall be exhausted, may +be almost wholly met either by abolishing the existing privileges of +sending free matter through the mails or by paying out of the Treasury to +the Post-Office Department a sum equivalent to the postage of which it is +deprived by such privileges. The last is supposed to be the preferable +mode, and will, if not entirely, so nearly supply that deficiency as to +make any further appropriation that may be found necessary so +inconsiderable as to form no obstacle to the proposed reductions. + +I entertain no doubt of the authority of Congress to make appropriations +for leading objects in that class of public works comprising what are +usually called works of internal improvement. This authority I suppose to +be derived chiefly from the power of regulating commerce with foreign +nations and among the States and the power of laying and collecting +imposts. Where commerce is to be carried on and imposts collected there +must be ports and harbors as well as wharves and custom-houses. If ships +laden with valuable cargoes approach the shore or sail along the coast, +light-houses are necessary at suitable points for the protection of life +and property. Other facilities and securities for commerce and navigation +are hardly less important; and those clauses of the Constitution, +therefore, to which I have referred have received from the origin of the +Government a liberal and beneficial construction. Not only have +light-houses, buoys, and beacons been established and floating lights +maintained, but harbors have been cleared and improved, piers constructed, +and even breakwaters for the safety of shipping and sea walls to protect +harbors from being filled up and rendered useless by the action of the +ocean, have been erected at very great expense. And this construction of +the Constitution appears the more reasonable from the consideration that if +these works, of such evident importance and utility, are not to be +accomplished by Congress they can not be accomplished at all. By the +adoption of the Constitution the several States voluntarily parted with the +power of collecting duties of imposts in their own ports, and it is not to +be expected that they should raise money by internal taxation, direct or +indirect, for the benefit of that commerce the revenues derived from which +do not, either in whole or in part, go into their own treasuries. Nor do I +perceive any difference between the power of Congress to make +appropriations for objects of this kind on the ocean and the power to make +appropriations for similar objects on lakes and rivers, wherever they are +large enough to bear on their waters an extensive traffic. The magnificent +Mississippi and its tributaries and the vast lakes of the North and +Northwest appear to me to fall within the exercise of the power as justly +and as clearly as the ocean and the Gulf of Mexico. It is a mistake to +regard expenditures judiciously made for these objects as expenditures for +local purposes. The position or sight of the work is necessarily local, but +its utility is general. A ship canal around the Falls of St. Mary of less +than a mile in length, though local in its construction, would yet be +national in its purpose and its benefits, as it would remove the only +obstruction to a navigation of more than 1,000 miles, affecting several +States, as well as our commercial relations with Canada. So, too, the +breakwater at the mouth of the Delaware is erected, not for the exclusive +benefit of the States bordering on the bay and river of that name, but for +that of the whole coastwise navigation of the United States and, to a +considerable extent, also of foreign commerce. If a ship be lost on the bar +at the entrance of a Southern port for want of sufficient depth of water, +it is very likely to be a Northern ship; and if a steamboat be sunk in any +part of the Mississippi on account of its channel not having been properly +cleared of obstructions, it may be a boat belonging to either of eight or +ten States. I may add, as somewhat remarkable, that among all the +thirty-one States there is none that is not to a greater or less extent +bounded on the ocean, or the Gulf of Mexico, or one of the Great Lakes, or +some navigable river. + +In fulfilling our constitutional duties, fellow-citizens, on this subject, +as in carrying into effect all other powers conferred by the Constitution, +we should consider ourselves as deliberating and acting for one and the +same country, and bear constantly in mind that our regard and our duty are +due not to a particular part only, but to the whole. + +I therefore recommend that appropriations be made for completing such works +as have been already begun and for commencing such others as may seem to +the wisdom of Congress to be of public and general importance. + +The difficulties and delays incident to the settlement of private claims by +Congress amount in many cases to a denial of justice. There is reason to +apprehend that many unfortunate creditors of the Government have thereby +been unavoidably ruined. Congress has so much business of a public +character that it is impossible it should give much attention to mere +private claims, and their accumulation is now so great that many claimants +must despair of ever being able to obtain a hearing. It may well be doubted +whether Congress, from the nature of its organization, is properly +constituted to decide upon such cases. It is impossible that each member +should examine the merits of every claim on which he is compelled to vote, +and it is preposterous to ask a judge to decide a case which he has never +heard. Such decisions may, and frequently must, do injustice either to the +claimant or the Government, and I perceive no better remedy for this +growing evil than the establishment of some tribunal to adjudicate upon +such claims. I beg leave, therefore, most respectfully to recommend that +provision be made by law for the appointment of a commission to settle all +private claims against the United States; and as an ex parte hearing must +in all contested cases be very unsatisfactory, I also recommend the +appointment of a solicitor, whose duty it shall be to represent the +Government before such commission and protect it against all illegal, +fraudulent, or unjust claims which may be presented for their adjudication. +This District, which has neither voice nor vote in your deliberations, +looks to you for protection and aid, and I commend all its wants to your +favorable consideration, with a full confidence that you will meet them not +only with justice, but with liberality. It should be borne in mind that in +this city, laid out by Washington and consecrated by his name, is located +the Capitol of our nation, the emblem of our Union and the symbol of our +greatness. Here also are situated all the public buildings necessary for +the use of the Government, and all these are exempt from taxation. It +should be the pride of Americans to render this place attractive to the +people of the whole Republic and convenient and safe for the transaction of +the public business and the preservation of the public records. The +Government should therefore bear a liberal proportion of the burdens of all +necessary and useful improvements. And as nothing could contribute more to +the health, comfort, and safety of the city and the security of the public +buildings and records than an abundant supply of pure water, I respectfully +recommend that you make such provisions for obtaining the same as in your +wisdom you may deem proper. + +The act, passed at your last session, making certain propositions to Texas +for settling the disputed boundary between that State and the Territory of +New Mexico was, immediately on its passage, transmitted by express to the +governor of Texas, to be laid by him before the general assembly for its +agreement thereto. Its receipt was duly acknowledged, but no official +information has yet been received of the action of the general assembly +thereon. It may, however, be very soon expected, as, by the terms of the +propositions submitted they were to have been acted upon on or before the +first day of the present month. + +It was hardly to have been expected that the series of measures passed at +your last session with the view of healing the sectional differences which +had sprung from the slavery and territorial questions should at once have +realized their beneficent purpose. All mutual concession in the nature of a +compromise must necessarily be unwelcome to men of extreme opinions. And +though without such concessions our Constitution could not have been +formed, and can not be permanently sustained, yet we have seen them made +the subject of bitter controversy in both sections of the Republic. It +required many months of discussion and deliberation to secure the +concurrence of a majority of Congress in their favor. It would be strange +if they had been received with immediate approbation by people and States +prejudiced and heated by the exciting controversies of their +representatives. I believe those measures to have been required by the +circumstances and condition of the country. I believe they were necessary +to allay asperities and animosities that were rapidly alienating one +section of the country from another and destroying those fraternal +sentiments which are the strongest supports of the Constitution. They were +adopted in the spirit of conciliation and for the purpose of conciliation. +I believe that a great majority of our fellow citizens sympathize in that +spirit and that purpose, and in the main approve and are prepared in all +respects to sustain these enactments. I can not doubt that the American +people, bound together by kindred blood and common traditions, still +cherish a paramount regard for the Union of their fathers, and that they +are ready to rebuke any attempt to violate its integrity, to disturb the +compromises on which it is based, or to resist the laws which have been +enacted under its authority. + +The series of measures to which I have alluded are regarded by me as a +settlement in principle and substance--a final settlement of the dangerous +and exciting subjects which they embraced. Most of these subjects, indeed, +are beyond your reach, as the legislation which disposed of them was in its +character final and irrevocable. It may be presumed from the opposition +which they all encountered that none of those measures was free from +imperfections, but in their mutual dependence and connection they formed a +system of compromise the most conciliatory and best for the entire country +that could be obtained from conflicting sectional interests and opinions. + +For this reason I recommend your adherence to the adjustment established by +those measures until time and experience shall demonstrate the necessity of +further legislation to guard against evasion or abuse. + +By that adjustment we have been rescued from the wide and boundless +agitation that surrounded us, and have a firm, distinct, and legal ground +to rest upon. And the occasion, I trust, will justify me in exhorting my +countrymen to rally upon and maintain that ground as the best, if not the +only, means of restoring peace and quiet to the country and maintaining +inviolate the integrity of the Union. + +And now, fellow-citizens, I can not bring this communication to a close +without invoking you to join me in humble and devout thanks to the Great +Ruler of Nations for the multiplied blessings which He has graciously +bestowed upon us. His hand, so often visible in our preservation, has +stayed the pestilence, saved us from foreign wars and domestic +disturbances, and scattered plenty throughout the land. + +Our liberties, religions and civil, have been maintained, the fountains of +knowledge have all been kept open, and means of happiness widely spread and +generally enjoyed greater than have fallen to the lot of any other nation. +And while deeply penetrated with gratitude for the past, let us hope that +His all-wise providence will so guide our counsels as that they shall +result in giving satisfaction to our constituents, securing the peace of +the country, and adding new strength to the united Government under which +we live. + +*** + +State of the Union Address +Millard Fillmore +December 2, 1851 + +Fellow-Citizens of the Senate and of the House of Representatives: + +I congratulate you and our common constituency upon the favorable auspices +under which you meet for your first session. Our country is at peace with +all the world. The agitation which for a time threatened to disturb the +fraternal relations which make us one people is fast subsiding, and a year +of general prosperity and health has crowned the nation with unusual +blessings. None can look back to the dangers which are passed or forward to +the bright prospect before us without feeling a thrill of gratification, at +the same time that he must be impressed with a grateful sense of our +profound obligations to a beneficent Providence, whose paternal care is so +manifest in the happiness of this highly favored land. + +Since the close of the last Congress certain Cubans and other foreigners +resident in the United States, who were more or less concerned in the +previous invasion of Cuba, instead of being discouraged by its failure have +again abused the hospitality of this country by making it the scene of the +equipment of another military expedition against that possession of Her +Catholic Majesty, in which they were countenanced, aided, and joined by +citizens of the United States. On receiving intelligence that such designs +were entertained, I lost no time in issuing such instructions to the proper +officers of the United States as seemed to be called for by the occasion. +By the proclamation a copy of which is herewith submitted I also warned +those who might be in danger of being inveigled into this scheme of its +unlawful character and of the penalties which they would incur. For some +time there was reason to hope that these measures had sufficed to prevent +any such attempt. This hope, however, proved to be delusive. Very early in +the morning of the 3d of August a steamer called the Pampero departed from +New Orleans for Cuba, having on board upward of 400 armed men with evident +intentions to make war upon the authorities of the island. This expedition +was set on foot in palpable violation of the laws of the United States. Its +leader was a Spaniard, and several of the chief officers and some others +engaged in it were foreigners. The persons composing it, however, were +mostly citizens of the United States. + +Before the expedition set out, and probably before it was organized, a +slight insurrectionary movement, which appears to have been soon +suppressed, had taken place in the eastern quarter of Cuba. The importance +of this movement was, unfortunately, so much exaggerated in the accounts of +it published in this country that these adventurers seem to have been led +to believe that the Creole population of the island not only desired to +throw off the authority of the mother country, but had resolved upon that +step and had begun a well-concerted enterprise for effecting it. The +persons engaged in the expedition were generally young and ill informed. +The steamer in which they embarked left New Orleans stealthily and without +a clearance. After touching at Key West, she proceeded to the coast of +Cuba, and on the night between the 11th and 12th of August landed the +persons on board at Playtas, within about 20 leagues of Havana. + +The main body of them proceeded to and took possession of an inland village +6 leagues distant, leaving others to follow in charge of the baggage as +soon as the means of transportation could be obtained. The latter, having +taken up their line of march to connect themselves with the main body, and +having proceeded about 4 leagues into the country, were attacked on the +morning of the 13th by a body of Spanish troops, and a bloody conflict +ensued, after which they retreated to the place of disembarkation, where +about 50 of them obtained boats and reembarked therein. They were, however, +intercepted among the keys near the shore by a Spanish steamer cruising on +the coast, captured and carried to Havana, and after being examined before +a military court were sentenced to be publicly executed, and the sentence +was carried into effect on the 16th of August. + +On receiving information of what had occurred Commodore Foxhall A. Parker +was instructed to proceed in the steam frigate Saranac to Havana and +inquire into the charges against the persons executed, the circumstances +under which they were taken, and whatsoever referred to their trial and +sentence. Copies of the instructions from the Department of State to him +and of his letters to that Department are herewith submitted. + +According to the record of the examination, the prisoners all admitted the +offenses charged against them, of being hostile invaders of the island. At +the time of their trial and execution the main body of the invaders was +still in the field making war upon the Spanish authorities and Spanish +subjects. After the lapse of some days, being overcome by the Spanish +troops, they dispersed on the 24th of August. Lopez, their leader, was +captured some days after, and executed on the 1st of September. Many of his +remaining followers were killed or died of hunger and fatigue, and the rest +were made prisoners. Of these none appear to have been tried or executed. +Several of them were pardoned upon application of their friends and others, +and the rest, about 160 in number, were sent to Spain. Of the final +disposition made of these we have no official information. + +Such is the melancholy result of this illegal and ill-fated expedition. +Thus thoughtless young men have been induced by false and fraudulent +representations to violate the law of their country through rash and +unfounded expectations of assisting to accomplish political revolutions in +other states, and have lost their lives in the undertaking. Too severe a +judgment can hardly be passed by the indignant sense of the community upon +those who, being better informed themselves, have yet led away the ardor of +youth and an ill-directed love of political liberty. The correspondence +between this Government and that of Spain relating to this transaction is +herewith communicated. + +Although these offenders against the laws have forfeited the protection of +their country, yet the Government may, so far as consistent with its +obligations to other countries and its fixed purpose to maintain and +enforce the laws, entertain sympathy for their unoffending families and +friends, as well as a feeling of compassion for themselves. Accordingly, no +proper effort has been spared and none will be spared to procure the +release of such citizens of the United States engaged in this unlawful +enterprise as are now in confinement in Spain; but it is to be hoped that +such interposition with the Government of that country may not be +considered as affording any ground of expectation that the Government of +the United States will hereafter feel itself under any obligation of duty +to intercede for the liberation or pardon of such persons as are flagrant +offenders against the law of nations and the laws of the United States. +These laws must be executed. If we desire to maintain our respectability +among the nations of the earth, it behooves us to enforce steadily and +sternly the neutrality acts passed by Congress and to follow as far as may +be the violation of those acts with condign punishment. + +But what gives a peculiar criminality to this invasion of Cuba is that, +under the lead of Spanish subjects and with the aid of citizens of the +United States, it had its origin with many in motives of cupidity. Money +was advanced by individuals, probably in considerable amounts, to purchase +Cuban bonds, as they have been called, issued by Lopez, sold, doubtless, at +a very large discount, and for the payment of which the public lands and +public property of Cuba, of whatever kind, and the fiscal resources of the +people and government of that island, from whatever source to be derived, +were pledged, as well as the good faith of the government expected to be +established. All these means of payment, it is evident, were only to be +obtained by a process of bloodshed, war, and revolution. None will deny +that those who set on foot military expeditions against foreign states by +means like these are far more culpable than the ignorant and the +necessitous whom they induce to go forth as the ostensible parties in the +proceeding. These originators of the invasion of Cuba seem to have +determined with coolness and system upon an undertaking which should +disgrace their country, violate its laws, and put to hazard the lives of +ill-informed and deluded men. You will consider whether further legislation +be necessary to prevent the perpetration of such offenses in future. + +No individuals have a right to hazard the peace of the country or to +violate its laws upon vague notions of altering or reforming governments in +other states. This principle is not only reasonable in itself and in +accordance with public law, but is ingrafted into the codes of other +nations as well as our own. But while such are the sentiments of this +Government, it may be added that every independent nation must be presumed +to be able to defend its possessions against unauthorized individuals +banded together to attack them. The Government of the United States at all +times since its establishment has abstained and has sought to restrain the +citizens of the country from entering into controversies between other +powers, and to observe all the duties of neutrality. At an early period of +the Government, in the Administration of Washington, several laws were +passed for this purpose. The main provisions of these laws were reenacted +by the act of April, 1818, by which, amongst other things, it was declared +that-- + +If any person shall, within the territory or jurisdiction of the United +States, begin, or set on foot, or provide or prepare the means for, any +military expedition or enterprise to be carried on from thence against the +territory or dominions of any foreign prince or state, or of any colony, +district, or people, with whom the United States are at peace, every person +so offending shall be deemed guilty of a high misdemeanor, and shall be +fined not exceeding $3,000 and imprisoned not more than three years. + +And this law has been executed and enforced to the full extent of the power +of the Government from that day to this. + +In proclaiming and adhering to the doctrine of neutrality and +nonintervention, the United States have not followed the lead of other +civilized nations; they have taken the lead themselves and have been +followed by others. This was admitted by one of the most eminent of modern +British statesmen, who said in Parliament, while a minister of the Crown, +"that if he wished for a guide in a system of neutrality he should take +that laid down by America in the days of Washington and the secretaryship +of Jefferson;" and we see, in fact, that the act of Congress of 1818 was +followed the succeeding year by an act of the Parliament of England +substantially the same in its general provisions. Up to that time there had +been no similar law in England, except certain highly penal statutes passed +in the reign of George II, prohibiting English subjects from enlisting in +foreign service, the avowed object of which statutes was that foreign +armies, raised for the purpose of restoring the house of Stuart to the +throne, should not be strengthened by recruits from England herself. + +All must see that difficulties may arise in carrying the laws referred to +into execution in a country now having 3,000 or 4,000 miles of seacoast, +with an infinite number of ports and harbors and small inlets, from some of +which unlawful expeditious may suddenly set forth, without the knowledge of +Government, against the possessions of foreign states. + +"Friendly relations with all, but entangling alliances with none," has long +been a maxim with us. Our true mission is not to propagate our opinions or +impose upon other countries our form of government by artifice or force, +but to teach by example and show by our success, moderation, and justice +the blessings of self-government and the advantages of free institutions. +Let every people choose for itself and make and alter its political +institutions to suit its own condition and convenience. But while we avow +and maintain this neutral policy ourselves, we are anxious to see the same +forbearance on the part of other nations whose forms of government are +different from our own. The deep interest which we feel in the spread of +liberal principles and the establishment of free governments and the +sympathy with which we witness every struggle against oppression forbid +that we should be indifferent to a case in which the strong arm of a +foreign power is invoked to stifle public sentiment and repress the spirit +of freedom in any country. + +The Governments of Great Britain and France have issued orders to their +naval commanders on the West India station to prevent, by force if +necessary, the landing of adventurers from any nation on the island of Cuba +with hostile intent. The copy of a memorandum of a conversation on this +subject between the charge d'affaires of Her Britannic Majesty and the +Acting Secretary of State and of a subsequent note of the former to the +Department of State are herewith submitted, together with a copy of a note +of the Acting Secretary of State to the minister of the French Republic and +of the reply of the latter on the same subject. These papers will acquaint +you with the grounds of this interposition of two leading commercial powers +of Europe, and with the apprehensions, which this Government could not fail +to entertain, that such interposition, if carried into effect, might lead +to abuses in derogation of the maritime rights of the United States. The +maritime rights of the United States are founded on a firm, secure, and +well-defined basis; they stand upon the ground of national independence and +public law, and will be maintained in all their full and just extent. The +principle which this Government has heretofore solemnly announced it still +adheres to, and will maintain under all circumstances and at all hazards. +That principle is that in every regularly documented merchant vessel the +crew who navigate it and those on board of it will find their protection in +the flag which is over them. No American ship can be allowed to be visited +or searched for the purpose of ascertaining the character of individuals on +board, nor can there be allowed any watch by the vessels of any foreign +nation over American vessels on the coast of the United States or the seas +adjacent thereto. It will be seen by the last communication from the +British charge d'affaires to the Department of State that he is authorized +to assure the Secretary of State that every care will be taken that in +executing the preventive measures against the expeditions which the United +States Government itself has denounced as not being entitled to the +protection of any government no interference shall take place with the +lawful commerce of any nation. + +In addition to the correspondence on this subject herewith submitted, +official information has been received at the Department of State of +assurances by the French Government that in the orders given to the French +naval forces they were expressly instructed, in any operations they might +engage in, to respect the flag of the United States wherever it might +appear, and to commit no act of hostility upon any vessel or armament under +its protection. + +Ministers and consuls of foreign nations are the means and agents of +communication between us and those nations, and it is of the utmost +importance that while residing in the country they should feel a perfect +security so long as they faithfully discharge their respective duties and +are guilty of no violation of our laws. This is the admitted law of nations +and no country has a deeper interest in maintaining it than the United +States. Our commerce spreads over every sea and visits every clime, and our +ministers and consuls are appointed to protect the interests of that +commerce as well as to guard the peace of the country and maintain the +honor of its flag. But how can they discharge these duties unless they be +themselves protected? And if protected it must be by the laws of the +country in which they reside. And what is due to our own public +functionaries residing in foreign nations is exactly the measure of what is +due to the functionaries of other governments residing here. As in war the +bearers of flags of truce are sacred, or else wars would be interminable, +so in peace ambassadors, public ministers, and consuls, charged with +friendly national intercourse, are objects of especial respect and +protection, each according to the rights belonging to his rank and station. +In view of these important principles, it is with deep mortification and +regret I announce to you that during the excitement growing out of the +executions at Havana the office of Her Catholic Majesty's consul at New +Orleans was assailed by a mob, his property destroyed, the Spanish flag +found in the office carried off and torn in pieces, and he himself induced +to flee for his personal safety, which he supposed to be in danger. On +receiving intelligence of these events I forthwith directed the attorney of +the United States residing at New Orleans to inquire into the facts and the +extent of the pecuniary loss sustained by the consul, with the intention of +laying them before you, that you might make provision for such indemnity to +him as a just regard for the honor of the nation and the respect which is +due to a friendly power might, in your judgment, seem to require. The +correspondence upon this subject between the Secretary of State and Her +Catholic Majesty's minister plenipotentiary is herewith transmitted. + +The occurrence at New Orleans has led me to give my attention to the state +of our laws in regard to foreign ambassadors, ministers, and consuls. I +think the legislation of the country is deficient in not providing +sufficiently either for the protection or the punishment of consuls. I +therefore recommend the subject to the consideration of Congress. + +Your attention is again invited to the question of reciprocal trade between +the United States and Canada and other British possessions near our +frontier. Overtures for a convention upon this subject have been received +from Her Britannic Majesty's minister plenipotentiary, but it seems to be +in many respects preferable that the matter should be regulated by +reciprocal legislation. Documents are laid before you showing the terms +which the British Government is willing to offer and the measures which it +may adopt if some arrangement upon this subject shall not be made. + +From the accompanying copy of a note from the British legation at +Washington and the reply of the Department of State thereto it will appear +that Her Britannic Majesty's Government is desirous that a part of the +boundary line between Oregon and the British possessions should be +authoritatively marked out, and that an intention was expressed to apply to +Congress for an appropriation to defray the expense thereof on the part of +the United States. Your attention to this subject is accordingly invited +and a proper appropriation recommended. A convention for the adjustment of +claims of citizens of the United States against Portugal has been concluded +and the ratifications have been exchanged. The first installment of the +amount to be paid by Portugal fell due on the 30th of September last and +has been paid. The President of the French Republic, according to the +provisions of the convention, has been selected as arbiter in the case of +the General Armstrong, and has signified that he accepts the trust and the +high satisfaction he feels in acting as the common friend of two nations +with which France is united by sentiments of sincere and lasting amity. + +The Turkish Government has expressed its thanks for the kind reception +given to the Sultan's agent, Amin Bey, on the occasion of his recent visit +to the United States. On the 28th of February last a dispatch was addressed +by the Secretary of State to Mr. Marsh, the American minister at +Constantinople, instructing him to ask of the Turkish Government permission +for the Hungarians then imprisoned within the dominions of the Sublime +Porte to remove to this country. On the 3d of March last both Houses of +Congress passed a resolution requesting the President to authorize the +employment of a public vessel to convey to this country Louis Kossuth and +his associates in captivity. The instruction above referred to was complied +with, and the Turkish Government having released Governor Kossuth and his +companions from prison, on the 10th of September last they embarked on +board of the United States steam frigate Mississippi, which was selected to +carry into effect the resolution of Congress. Governor Kossuth left the +Mississippi at Gibraltar for the purpose of making a visit to England, and +may shortly be expected in New York. By communications to the Department of +State he has expressed his grateful acknowledgments for the interposition +of this Government in behalf of himself and his associates. This country +has been justly regarded as a safe asylum for those whom political events +have exiled from their own homes in Europe. and it is recommended to +Congress to consider in what manner Governor Kossuth and his companions, +brought hither by its authority, shall be received and treated. + +It is earnestly to be hoped that the differences which have for some time +past been pending between the Government of the French Republic and that of +the Sandwich Islands may be peaceably and durably adjusted so as to secure +the independence of those islands. Long before the events which have of +late imparted so much importance to the possessions of the United States on +the Pacific we acknowledged the independence of the Hawaiian Government. +This Government was first in taking that step, and several of the leading +powers of Europe immediately followed. We were influenced in this measure +by the existing and prospective importance of the islands as a place of +refuge and refreshment for our vessels engaged in the whale fishery, and by +the consideration that they lie in the course of the great trade which must +at no distant day be carried on between the western coast of North America +and eastern Asia. + +We were also influenced by a desire that those islands should not pass +under the control of any other great maritime state, but should remain in +an independent condition, and so be accessible and useful to the commerce +of all nations. I need not say that the importance of these considerations +has been greatly enhanced by the sudden and vast development which the +interests of the United States have attained in California and Oregon, and +the policy heretofore adopted in regard to those islands will be steadily +pursued. + +It is gratifying, not only to those who consider the commercial interests +of nations, but also to all who favor the progress of knowledge and the +diffusion of religion, to see a community emerge from a savage state and +attain such a degree of civilization in those distant seas. It is much to +be deplored that the internal tranquillity of the Mexican Republic should +again be seriously disturbed, for since the peace between that Republic and +the United States it had enjoyed such comparative repose that the most +favorable anticipations for the future might with a degree of confidence +have been indulged. These, however, have been thwarted by the recent +outbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. +Having received information that persons from the United States had taken +part in the insurrection, and apprehending that their example might be +followed by others, I caused orders to be issued for the purpose of +preventing any hostile expeditions against Mexico from being set on foot in +violation of the laws of the United States. I likewise issued a +proclamation upon the subject, a copy of which is herewith laid before you. +This appeared to be rendered imperative by the obligations of treaties and +the general duties of good neighborhood. + +In my last annual message I informed Congress that citizens of the United +States had undertaken the connection of the two oceans by means of a +railroad across the Isthmus of Tehuantepec, under a grant of the Mexican +Government to a citizen of that Republic, and that this enterprise would +probably be prosecuted with energy whenever Mexico should consent to such +stipulations with the Government of the United States as should impart a +feeling of security to those who should invest their property in the +enterprise. A convention between the two Governments for the accomplishment +of that end has been ratified by this Government, and only awaits the +decision of the Congress and the Executive of that Republic. + +Some unexpected difficulties and delays have arisen in the ratification of +that convention by Mexico, but it is to be presumed that her decision will +be governed by just and enlightened views, as well of the general +importance of the object as of her own interests and obligations. + +In negotiating upon this important subject this Government has had in view +one, and only one, object. That object has been, and is, the construction +or attainment of a passage from ocean to ocean, the shortest and the best +for travelers and merchandise, and equally open to all the world. It has +sought to obtain no territorial acquisition, nor any advantages peculiar to +itself; and it would see with the greatest regret that Mexico should oppose +any obstacle to the accomplishment of an enterprise which promises so much +convenience to the whole commercial world and such eminent advantages to +Mexico herself. Impressed with these sentiments and these convictions, the +Government will continue to exert all proper efforts to bring about the +necessary arrangement with the Republic of Mexico for the speedy completion +of the work. For some months past the Republic of Nicaragua has been the +theater of one of those civil convulsions from which the cause of free +institutions and the general prosperity and social progress of the States +of Central America have so often and so severely suffered. Until quiet +shall have been restored and a government apparently stable shall have been +organized, no advance can prudently be made in disposing of the questions +pending between the two countries. + +I am happy to announce that an interoceanic communication from the mouth of +the St. John to the Pacific has been so far accomplished as that passengers +have actually traversed it and merchandise has been transported over it, +and when the canal shall have been completed according to the original plan +the means of communication will be further improved. It is understood that +a considerable part of the railroad across the Isthmus of Panama has been +completed, and that the mail and passengers will in future be conveyed +thereon. Whichever of the several routes between the two oceans may +ultimately prove most eligible for travelers to and from the different +States on the Atlantic and Gulf of Mexico and our coast on the Pacific, +there is little reason to doubt that all of them will be useful to the +public, and will liberally reward that individual enterprise by which alone +they have been or are expected to be carried into effect. Peace has been +concluded between the contending parties in the island of St. Domingo, and, +it is hoped, upon a durable basis. Such is the extent of our commercial +relations with that island that the United States can not fail to feel a +strong interest in its tranquillity. The office of commissioner to China +remains unfilled. Several persons have been appointed, and the place has +been offered to others, all of whom have declined its acceptance on the +ground of the inadequacy of the compensation. The annual allowance by law +is $6,000, and there is no provision for any outfit. I earnestly recommend +the consideration of this subject to Congress. Our commerce with China is +highly important, and is becoming more and more so in consequence of the +increasing intercourse between our ports on the Pacific Coast and eastern +Asia. China is understood to be a country in which living is very +expensive, and I know of no reason why the American commissioner sent +thither should not be placed, in regard to compensation, on an equal +footing with ministers who represent this country at the Courts of Europe. + +By reference to the report of the Secretary of the Treasury it will be seen +that the aggregate receipts for the last fiscal year amounted to +$52,312,979.87, which, with the balance in the Treasury on the 1st July, +1850, gave as the available means for the year the sum of $58,917,524.36. + +The total expenditures for the same period were $48,005,878.68. The total +imports for the year ending June 30, 1851, were $215,725,995, of which +there were in specie $4,967,901. The exports for the same period were +$217,517,130, of which there were of domestic products $178,546,555; +foreign goods reexported, $9,738,695; specie, $29,231,880. + +Since the 1st of December last the payments in cash on account of the +public debt, exclusive of interest, have amounted to $7,501,456.56, which, +however, includes the sum of $3,242,400, paid under the twelfth article of +the treaty with Mexico, and the further sum of $2,591,213.45, being the +amount of awards to American citizens under the late treaty with Mexico, +for which the issue of stock was authorized, but which was paid in cash +from the Treasury. + +The public debt on the 20th ultimo, exclusive of the stock authorized to be +issued to Texas by the act of 9th September, 1850, was $62,560,395.26. + +The receipts for the next fiscal year are estimated at $51,800,000, which, +with the probable unappropriated balance in the Treasury on the 30th June +next, will give as the probable available means for that year the sum of +$63,258,743.09. + +It has been deemed proper, in view of the large expenditures consequent +upon the acquisition of territory from Mexico, that the estimates for the +next fiscal year should be laid before Congress in such manner as to +distinguish the expenditures so required from the otherwise ordinary +demands upon the Treasury. + +The total expenditures for the next fiscal year are estimated at +$42,892,299.19, of which there is required for the ordinary purposes of the +Government, other than those consequent upon the acquisition of our new +territories, and deducting the payments on account of the public debt, the +sum of $33,343,198.08, and for the purposes connected, directly or +indirectly, with those territories and in the fulfillment of the +obligations of the Government contracted in consequence of their +acquisition the sum of $9,549,101.11. + +If the views of the Secretary of the Treasury in reference to the +expenditures required for these territories shall be met by corresponding +action on the part of Congress, and appropriations made in accordance +therewith, there will be an estimated unappropriated balance in the +Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to meet that +portion of the public debt due on the 1st of July following, amounting to +$6,237,931.35, as well as any appropriations which may be made beyond the +estimates. + +In thus referring to the estimated expenditures on account of our newly +acquired territories, I may express the hope that Congress will concur with +me in the desire that a liberal course of policy may be pursued toward +them, and that every obligation, express or implied, entered into in +consequence of their acquisition shall be fulfilled by the most liberal +appropriations for that purpose. + +The values of our domestic exports for the last fiscal year, as compared +with those of the previous year, exhibit an increase of $43,646,322. At +first view this condition of our trade with foreign nations would seem to +present the most flattering hopes of its future prosperity. An examination +of the details of our exports, however, will show that the increased value +of our exports for the last fiscal year is to be found in the high price of +cotton which prevailed during the first half of that year, which price has +since declined about one-half. + +The value of our exports of breadstuffs and provisions, which it was +supposed the incentive of a low tariff and large importations from abroad +would have greatly augmented, has fallen from $68,701,921 in 1847 to +$26,051,373 in 1850 and to $21,948,653 in 1851, with a strong probability, +amounting almost to a certainty, of a still further reduction in the +current year. + +The aggregate values of rice exported during the last fiscal year, as +compared with the previous year, also exhibit a decrease, amounting to +$460,917, which, with a decline in the values of the exports of tobacco for +the same period, make an aggregate decrease in these two articles of +$1,156,751. + +The policy which dictated a low rate of duties on foreign merchandise, it +was thought by those who promoted and established it, would tend to benefit +the farming population of this country by increasing the demand and raising +the price of agricultural products in foreign markets. + +The foregoing facts, however, seem to show incontestably that no such +result has followed the adoption of this policy. On the contrary, +notwithstanding the repeal of the restrictive corn laws in England, the +foreign demand for the products of the American farmer has steadily +declined, since the short crops and consequent famine in a portion of +Europe have been happily replaced by full crops and comparative abundance +of food. + +It will be seen by recurring to the commercial statistics for the past year +that the value of our domestic exports has been increased in the single +item of raw cotton by $40,000,000 over the value of that export for the +year preceding. This is not due to any increased general demand for that +article, but to the short crop of the preceding year, which created an +increased demand and an augmented price for the crop of last year. Should +the cotton crop now going forward to market be only equal in quantity to +that of the year preceding and be sold at the present prices, then there +would be a falling off in the value of our exports for the present fiscal +year of at least $40,000,000 compared with the amount exported for the year +ending 30th June, 1851. + +The production of gold in California for the past year seems to promise a +large supply of that metal from that quarter for some time to come. This +large annual increase of the currency of the world must be attended with +its usual results. These have been already partially disclosed in the +enhancement of prices and a rising spirit of speculation and adventure, +tending to overtrading, as well at home as abroad. Unless some salutary +check shall be given to these tendencies it is to be feared that +importations of foreign goods beyond a healthy demand in this country will +lead to a sudden drain of the precious metals from us, bringing with it, as +it has done in former times, the most disastrous consequences to the +business and capital of the American people. + +The exports of specie to liquidate our foreign debt during the past fiscal +year have been $24,963,979 over the amount of specie imported. The exports +of specie during the first quarter of the present fiscal year have been +$14,651,827. Should specie continue to be exported at this rate for the +remaining three quarters of this year, it will drain from our metallic +currency during the year ending 30th June, 1852, the enormous amount of +$58,607,308. + +In the present prosperous condition of the national finances it will become +the duty of Congress to consider the best mode of paying off the public +debt. If the present and anticipated surplus in the Treasury should not be +absorbed by appropriations of an extraordinary character, this surplus +should be employed in such way and under such restrictions as Congress may +enact in extinguishing the outstanding debt of the nation. + +By reference to the act of Congress approved 9th September, 1850, it will +be seen that, in consideration of certain concessions by the State of +Texas, it is provided that-- + +The United States shall pay to the State of Texas the sum of $10,000,000 in +a stock bearing 5 per cent interest and redeemable at the end of fourteen +years, the interest payable half-yearly at the Treasury of the United +States. + +In the same section of the law it is further provided-- + +That no more than five millions of said stock shall be issued until the +creditors of the State holding bonds and other certificates of stock of +Texas, for which duties on imports were specially pledged, shall first file +at the Treasury of the United States releases of all claims against the +United States for or on account of said bonds or certificates, in such form +as shall be prescribed by the Secretary of the Treasury and approved by the +President of the United States. + +The form of release thus provided for has been prescribed by the Secretary +of the Treasury and approved. It has been published in all the leading +newspapers in the commercial cities of the United States, and all persons +holding claims of the kind specified in the foregoing proviso were required +to file their releases (in the form thus prescribed) in the Treasury of the +United States on or before the 1st day of October, 1851. Although this +publication has been continued from the 25th day of March, 1851, yet up to +the 1st of October last comparatively few releases had been filed by the +creditors of Texas. + +The authorities of the State of Texas, at the request of the Secretary of +the Treasury, have furnished a schedule of the public debt of that State +created prior to her admission into the Union, with a copy of the laws +under which each class was contracted. I have, from the documents furnished +by the State of Texas, determined the classes of claims which in my +judgment fall within the provisions of the act of Congress of the 9th of +September, 1850. + +On being officially informed of the acceptance by Texas of the propositions +contained in the act referred to I caused the stock to be prepared, and the +five millions which are to be issued unconditionally, bearing an interest +of 5 per cent from the 1st day of January, 1851, have been for some time +ready to be delivered to the State of Texas. The authorities of Texas up to +the present time have not authorized anyone to receive this stock, and it +remains in the Treasury Department subject to the order of Texas. The +releases required by law to be deposited in the Treasury not having been +filed there, the remaining five millions have not been issued. This last +amount of the stock will be withheld from Texas until the conditions upon +which it is to be delivered shall be complied with by the creditors of that +State, unless Congress shall otherwise direct by a modification of the +law. + +In my last annual message, to which I respectfully refer, I stated briefly +the reasons which induced me to recommend a modification of the present +tariff by converting the ad valorem into a specific duty wherever the +article imported was of such a character as to permit it, and that such a +discrimination should be made in favor of the industrial pursuits of our +own country as to encourage home production without excluding foreign +competition. + +The numerous frauds which continue to be practiced upon the revenue by +false invoices and undervaluations constitute an unanswerable reason for +adopting specific instead of ad valorem duties in all cases where the +nature of the commodity does not forbid it. A striking illustration of +these frauds will be exhibited in the report of the Secretary of the +Treasury, showing the custom-house valuation of articles imported under a +former law, subject to specific duties, when there was no inducement to +undervaluation, and the custom-house valuations of the same articles under +the present system of ad valorem duties, so greatly reduced as to leave no +doubt of the existence of the most flagrant abuses under the existing laws. +This practical evasion of the present law, combined with the languishing +condition of some of the great interests of the country, caused by over +importations and consequent depressed prices, and with the failure in +obtaining a foreign market for our increasing surplus of breadstuffs and +provisions, has induced me again to recommend a modification of the +existing tariff. The report of the Secretary of the Interior, which +accompanies this communication, will present a condensed statement of the +operations of that important Department of the Government. + +It will be seen that the cash sales of the public lands exceed those of the +preceding year, and that there is reason to anticipate a still further +increase, notwithstanding the large donations which have been made to many +of the States and the liberal grants to individuals as a reward for +military services. This fact furnishes very gratifying evidence of the +growing wealth and prosperity of our country. + +Suitable measures have been adopted for commencing the survey of the public +lands in California and Oregon. Surveying parties have been organized and +some progress has been made in establishing the principal base and meridian +lines. But further legislation and additional appropriations will be +necessary before the proper subdivisions can be made and the general land +system extended over those remote parts of our territory. + +On the 3d of March last an act was passed providing for the appointment of +three commissioners to settle private land claims in California. Three +persons were immediately appointed, all of whom, however, declined +accepting the office in consequence of the inadequacy of the compensation. +Others were promptly selected, who for the same reason also declined, and +it was not until late in the season that the services of suitable persons +could be secured. A majority of the commissioners convened in this city on +the 10th of September last, when detailed instructions were given to them +in regard to their duties. Their first meeting for the transaction of +business will be held in San Francisco on the 8th day of the present +month. + +I have thought it proper to refer to these facts, not only to explain the +causes of the delay in filling the commission, but to call your attention +to the propriety of increasing the compensation of the commissioners. The +office is one of great labor and responsibility, and the compensation +should be such as to command men of a high order of talents and the most +unquestionable integrity. + +The proper disposal of the mineral lands of California is a subject +surrounded by great difficulties. In my last annual message I recommended +the survey and sale of them in small parcels under such restrictions as +would effectually guard against monopoly and speculation; but upon further +information, and in deference to the opinions of persons familiar with the +subject, I am inclined to change that recommendation and to advise that +they be permitted to remain as at present, a common field, open to the +enterprise and industry of all our citizens, until further experience shall +have developed the best policy to be ultimately adopted in regard to them. +It is safer to suffer the inconveniences that now exist for a short period +than by premature legislation to fasten on the country a system founded in +error, which may place the whole subject beyond the future control of +Congress. + +The agricultural lands should, however, be surveyed and brought into market +with as little delay as possible, that the titles may become settled and +the inhabitants stimulated to make permanent improvements and enter on the +ordinary pursuits of life. To effect these objects it is desirable that the +necessary provision be made by law for the establishment of land offices in +California and Oregon and for the efficient prosecution of the surveys at +an early day. + +Some difficulties have occurred in organizing the Territorial governments +of New Mexico and Utah, and when more accurate information shall be +obtained of the causes a further communication will be made on that +subject. + +In my last annual communication to Congress I recommended the establishment +of an agricultural bureau, and I take this occasion again to invoke your +favorable consideration of the subject. + +Agriculture may justly be regarded as the great interest of our people. +Four-fifths of our active population are employed in the cultivation of the +soil, and the rapid expansion of our settlements over new territory is +daily adding to the number of those engaged in that vocation. Justice and +sound policy, therefore, alike require that the Government should use all +the means authorized by the Constitution to promote the interests and +welfare of that important class of our fellow-citizens. And yet it is a +singular fact that whilst the manufacturing and commercial interests have +engaged the attention of Congress during a large portion of every session +and our statutes abound in provisions for their protection and +encouragement, little has yet been done directly for the advancement of +agriculture. It is time that this reproach to our legislation should be +removed, and I sincerely hope that the present Congress will not close +their labors without adopting efficient means to supply the omissions of +those who have preceded them. + +An agricultural bureau, charged with the duty of collecting and +disseminating correct information as to the best modes of cultivation and +of the most effectual means of preserving and restoring the fertility of +the soil and of procuring and distributing seeds and plants and other +vegetable productions, with instructions in regard to the soil, climate, +and treatment best adapted to their growth, could not fail to be, in the +language of Washington in his last annual message to Congress, a "very +cheap instrument of immense national benefit." + +Regarding the act of Congress approved 28th September, 1850, granting +bounty lands to persons who had been engaged in the military service of the +country, as a great measure of national justice and munificence, an anxious +desire has been felt by the officers intrusted with its immediate execution +to give prompt effect to its provisions. All the means within their control +were therefore brought into requisition to expedite the adjudication of +claims, and I am gratified to be able to state that near 100,000 +applications have been considered and about 70,000 warrants issued within +the short space of nine months. If adequate provision be made by law to +carry into effect the recommendations of the Department, it is confidently +expected that before the close of the next fiscal year all who are entitled +to the benefits of the act will have received their warrants. + +The Secretary of the Interior has suggested in his report various +amendments of the laws relating to pensions and bounty lands for the +purpose of more effectually guarding against abuses and frauds on the +Government, to all of which I invite your particular attention. The large +accessions to our Indian population consequent upon the acquisition of New +Mexico and California and the extension of our settlements into Utah and +Oregon have given increased interest and importance to our relations with +the aboriginal race. No material change has taken place within the last +year in the condition and prospects of the Indian tribes who reside in the +Northwestern Territory and west of the Mississippi River. We are at peace +with all of them, and it will be a source of pleasure to you to learn that +they are gradually advancing in civilization and the pursuits of social +life. + +Along the Mexican frontier and in California and Oregon there have been +occasional manifestations of unfriendly feeling and some depredations +committed. I am satisfied, however, that they resulted more from the +destitute and starving condition of the Indians than from any settled +hostility toward the whites. As the settlements of our citizens progress +toward them, the game, upon which they mainly rely for subsistence, is +driven off or destroyed, and the only alternative left to them is +starvation or plunder. It becomes us to consider, in view of this condition +of things, whether justice and humanity, as well as an enlightened economy, +do not require that instead of seeking to punish them for offenses which +are the result of our own policy toward them we should not provide for +their immediate wants and encourage them to engage in agriculture and to +rely on their labor instead of the chase for the means of support. + +Various important treaties have been negotiated with different tribes +during the year, by which their title to large and valuable tracts of +country has been extinguished, all of which will at the proper time be +submitted to the Senate for ratification. + +The joint commission under the treaty of Guadalupe Hidalgo has been +actively engaged in running and marking the boundary line between the +United States and Mexico. It was stated in the last annual report of the +Secretary of the Interior that the initial point on the Pacific and the +point of junction of the Gila with the Colorado River had been determined +and the intervening line, about 150 miles in length, run and marked by +temporary monuments. Since that time a monument of marble has been erected +at the initial point, and permanent landmarks of iron have been placed at +suitable distances along the line. + +The initial point on the Rio Grande has also been fixed by the +commissioners, at latitude 32 degrees 22', and at the date of the last +communication the survey of the line had been made thence westward about +150 miles to the neighborhood of the copper mines. The commission on our +part was at first organized on a scale which experience proved to be +unwieldy and attended with unnecessary expense. Orders have therefore been +issued for the reduction of the number of persons employed within the +smallest limits consistent with the safety of those engaged in the service +and the prompt and efficient execution of their important duties. + +Returns have been received from all the officers engaged in taking the +census in the States and Territories except California. The superintendent +employed to make the enumeration in that State has not yet made his full +report, from causes, as he alleges, beyond his control. This failure is +much to be regretted, as it has prevented the Secretary of the Interior +from making the decennial apportionment of Representatives among the +States, as required by the act approved May 23, 1850. It is hoped, however, +that the returns will soon be received, and no time will then be lost in +making the necessary apportionment and in transmitting the certificates +required by law. + +The Superintendent of the Seventh Census is diligently employed, under the +direction of the Secretary of the Interior, in classifying and arranging in +tabular form all the statistical information derived from the returns of +the marshals, and it is believed that when the work shall be completed it +will exhibit a more perfect view of the population, wealth, occupations, +and social condition of a great country than has ever been presented to the +world. The value of such a work as the basis of enlightened legislation can +hardly be overestimated, and I earnestly hope that Congress will lose no +time in making the appropriations necessary to complete the classifications +and to publish the results in a style worthy of the subject and of our +national character. + +The want of a uniform fee bill, prescribing the compensation to be allowed +district attorneys, clerks, marshals, and commissioners in civil and +criminal cases, is the cause of much vexation, injustice, and complaint. I +would recommend a thorough revision of the laws on the whole subject and +the adoption of a tariff of fees which, as far as practicable, should be +uniform, and prescribe a specific compensation for every service which the +officer may be required to perform. This subject will be fully presented in +the report of the Secretary of the Interior. In my last annual message I +gave briefly my reasons for believing that you possessed the constitutional +power to improve the harbors of our Great Lakes and seacoast and the +navigation of our principal rivers, and recommended that appropriations +should be made for completing such works as had already been commenced and +for commencing such others as might seem to the wisdom of Congress to be of +public and general importance. Without repeating the reasons then urged, I +deem it my duty again to call your attention to this important subject. The +works on many of the harbors were left in an unfinished state, and +consequently exposed to the action of the elements, which is fast +destroying them. Great numbers of lives and vast amounts of property are +annually lost for want of safe and convenient harbors on the Lakes. None +but those who have been exposed to that dangerous navigation can fully +appreciate the importance of this subject. The whole Northwest appeals to +you for relief, and I trust their appeal will receive due consideration at +your hands. + +The same is in a measure true in regard to some of the harbors and inlets +on the seacoast. + +The unobstructed navigation of our large rivers is of equal importance. Our +settlements are now extending to the sources of the great rivers which +empty into and form a part of the Mississippi, and the value of the public +lands in those regions would be greatly enhanced by freeing the navigation +of those waters from obstructions. In view, therefore, of this great +interest, I deem it my duty again to urge upon Congress to make such +appropriations for these improvements as they may deem necessary. + +The surveys of the Delta of the Mississippi, with a view to the prevention +of the overflows that have proved so disastrous to that region of country, +have been nearly completed, and the reports thereof are now in course of +preparation and will shortly be laid before you. + +The protection of our southwestern frontier and of the adjacent Mexican +States against the Indian tribes within our border has claimed my earnest +and constant attention. Congress having failed at the last session to adopt +my recommendation that an additional regiment of mounted men specially +adapted to that service should be raised, all that remained to be done was +to make the best use of the means at my disposal. Accordingly, all the +troops adapted to that service that could properly be spared from other +quarters have been concentrated on that frontier and officers of high +reputation selected to command them. A new arrangement of the military +posts has also been made, whereby the troops are brought nearer to the +Mexican frontier and to the tribes they are intended to overawe. + +Sufficient time has not yet elapsed to realize all the benefits that are +expected to result from these arrangements, but I have every reason to hope +that they will effectually check their marauding expeditions. The nature of +the country, which furnishes little for the support of an army and abounds +in places of refuge and concealment, is remarkably well adapted to this +predatory warfare, and we can scarcely hope that any military force, +combined with the greatest vigilance, can entirely suppress it. + +By the treaty of Guadalupe Hidalgo we are bound to protect the territory of +Mexico against the incursions of the savage tribes within our border "with +equal diligence and energy" as if the same were made within our territory +or against our citizens. I have endeavored to comply as far as possible +with this provision of the treaty. Orders have been given to the officers +commanding on that frontier to consider the Mexican territory and its +inhabitants as equally with our own entitled to their protection, and to +make all their plans and arrangements with a view to the attainment of this +object. Instructions have also been given to the Indian commissioners and +agents among these tribes in all treaties to make the clauses designed for +the protection of our own citizens apply also to those of Mexico. I have no +reason to doubt that these instructions have been fully carried into +effect; nevertheless, it is probable that in spite of all our efforts some +of the neighboring States of Mexico may have suffered, as our own have, +from depredations by the Indians. + +To the difficulties of defending our own territory, as above mentioned, are +superadded, in defending that of Mexico, those that arise from its +remoteness, from the fact that we have no right to station our troops +within her limits and that there is no efficient military force on the +Mexican side to cooperate with our own. + +So long as this shall continue to be the case the number and activity of +our troops will rather increase than diminish the evil, as the Indians will +naturally turn toward that country where they encounter the least +resistance. Yet these troops are necessary to subdue them and to compel +them to make and observe treaties. Until this shall have been done neither +country will enjoy any security from their attacks. + +The Indians in California, who had previously appeared of a peaceable +character and disposed to cultivate the friendship of the whites, have +recently committed several acts of hostility. As a large portion of the +reenforcements sent to the Mexican frontier were drawn from the Pacific, +the military force now stationed there is considered entirely inadequate to +its defense. It can not be increased, however, without an increase of the +Army, and I again recommend that measure as indispensable to the protection +of the frontier. + +I invite your attention to the suggestions on this subject and on others +connected with his Department in the report of the Secretary of War. The +appropriations for the support of the Army during the current fiscal year +ending 30th June next were reduced far below the estimate submitted by the +Department. The consequence of this reduction is a considerable deficiency, +to which I invite your early attention. The expenditures of that Department +for the year ending 30th June last were $9,060,268.58, The estimates for +the year commencing 1st July next and ending June 30, 1853, are +$7,898,775.83, showing a reductions of $1,161,492.75, The board of +commissioners to whom the management of the affairs of the military asylum +created by the act of 3d March last was intrusted have selected a site for +the establishment of an asylum in the vicinity of this city, which has been +approved by me subject to the production of a satisfactory title. + +The report of the Secretary of the Navy will exhibit the condition of the +public service under the supervision of that Department. Our naval force +afloat during the present year has been actively and usefully employed in +giving protection to our widely extended and increasing commerce and +interests in the various quarters of the globe, and our flag has everywhere +afforded the security and received the respect inspired by the justice and +liberality of our intercourse and the dignity and power of the nation. + +The expedition commanded by Lieutenant De Haven, dispatched in search of +the British commander Sir John Franklin and his companions in the Arctic +Seas, returned to New York in the month of October, after having undergone +great peril and suffering from an unknown and dangerous navigation and the +rigors of a northern climate, without any satisfactory information of the +objects of their search, but with new contributions to science and +navigation from the unfrequented polar regions. The officers and men of the +expedition having been all volunteers for this service and having so +conducted it as to meet the entire approbation of the Government, it is +suggested, as an act of grace and generosity, that the same allowance of +extra pay and emoluments be extended to them that were made to the officers +and men of like rating in the late exploring expedition to the South Seas. + +I earnestly recommend to your attention the necessity of reorganizing the +naval establishment, apportioning and fixing the number of officers in each +grade, providing some mode of promotion to the higher grades of the Navy +having reference to merit and capacity rather than seniority or date of +entry into the service, and for retiring from the effective list upon +reduced pay those who may be incompetent to the performance of active duty. +As a measure of economy, as well as of efficiency, in this arm of the +service, the provision last mentioned is eminently worthy of your +consideration. + +The determination of the questions of relative rank between the sea +officers and civil officers of the Navy, and between officers of the Army +and Navy, in the various grades of each, will also merit your attention. +The failure to provide any substitute when corporal punishment was +abolished for offenses in the Navy has occasioned the convening of numerous +courts-martial upon the arrival of vessels in port, and is believed to have +had an injurious effect upon the discipline and efficiency of the service. +To moderate punishment from one grade to another is among the humane +reforms of the age, but to abolish one of severity, which applied so +generally to offenses on shipboard, and provide nothing in its stead is to +suppose a progress of improvement in every individual among seamen which is +not assumed by the Legislature in respect to any other class of men. It is +hoped that Congress, in the ample opportunity afforded by the present +session, will thoroughly investigate this important subject, and establish +such modes of determining guilt and such gradations of punishment as are +consistent with humanity and the personal rights of individuals, and at the +same time shall insure the most energetic and efficient performance of duty +and the suppression of crime in our ships of war. + +The stone dock in the navy-yard at New York, which was ten years in process +of construction, has been so far finished as to be surrendered up to the +authorities of the yard. The dry dock at Philadelphia is reported as +completed, and is expected soon to be tested and delivered over to the +agents of the Government. That at Portsmouth, N. H., is also nearly ready +for delivery; and a contract has been concluded, agreeably to the act of +Congress at its last session, for a floating sectional dock on the Bay of +San Francisco. I invite your attention to the recommendation of the +Department touching the establishment of a navy-yard in conjunction with +this dock on the Pacific. Such a station is highly necessary to the +convenience and effectiveness of our fleet in that ocean, which must be +expected to increase with the growth of commerce and the rapid extension of +our whale fisheries over its waters. + +The Naval Academy at Annapolis, under a revised and improved system of +regulations, now affords opportunities of education and instruction to the +pupils quite equal, it is believed, for professional improvement, to those +enjoyed by the cadets in the Military Academy. A large class of acting +midshipmen was received at the commencement of the last academic term, and +a practice ship has been attached to the institution to afford the amplest +means for regular instruction in seamanship, as well as for cruises during +the vacations of three or four months in each year. + +The advantages of science in nautical affairs have rarely been more +strikingly illustrated than in the fact, stated in the report of the Navy +Department, that by means of the wind and current charts projected and +prepared by Lieutenant Maury, the Superintendent of the Naval Observatory, +the passage from the Atlantic to the Pacific ports of our country has been +shortened by about forty days. + +The estimates for the support of the Navy and Marine Corps the ensuing +fiscal year will be found to be $5,856,472.19, the estimates for the +current year being $5,900,621. + +The estimates for special objects under the control of this Department +amount to $2,684,220.89, against $2,210,980 for the present year, the +increase being occasioned by the additional mail service on the Pacific +Coast and the construction of the dock in California, authorized at the +last session of Congress, and some slight additions under the head of +improvements and repairs in navy-yards, buildings, and machinery. I deem it +of much importance to a just economy and a correct understanding of naval +expenditures that there should be an entire separation of the +appropriations for the support of the naval service proper from those for +permanent improvements at navy-yards and stations and from ocean steam mail +service and other special objects assigned to the supervision of this +Department. + +The report of the Postmaster-General, herewith communicated, presents an +interesting view of the progress, operations, and condition of his +Department. + +At the close of the last fiscal year the length of mail routes within the +United States was 196,290 miles, the annual transportation thereon +53,272,252 miles, and the annual cost of such transportation $3,421,754. + +The length of the foreign mail routes is estimated at 18,349 miles and the +annual transportation thereon at 615,206 miles. The annual cost of this +service is $1,472,187, of which $448,937 are paid by the Post-Office +Department and $1,023,250 are paid through the Navy Department. + +The annual transportation within the United States, excluding the service +in California and Oregon, which is now for the first time reported and +embraced in the tabular statements of the Department, exceeds that of the +preceding year 6,162,855 miles, at an increased cost of $547,110. + +The whole number of post-offices in the United States on the 30th day of +June last was 19,796. There were 1,698 post-offices established and 256 +discontinued during the year. + +The gross revenues of the Department for the fiscal year, including the +appropriations for the franked matter of Congress, of the Departments, and +officers of Government, and excluding the foreign postages collected for +and payable to the British post-office, amounted to $6,727,866.78. + +The expenditures for the same period, excluding $20,599.49, paid under an +award of the Auditor, in pursuance of a resolution of the last Congress, +for mail service on the Ohio and Mississippi rivers in 1832 and 1833, and +the amount paid to the British post-office for foreign postages collected +for and payable to that office, amounted to $6,024,566.79, leaving a +balance of revenue over the proper expenditures of the year of +$703,299.99. + +The receipts for postages during the year, excluding the foreign postages +collected for and payable to the British post-office, amounted to +$6,345,747.21, being an increase of $997,610.79, or 18.65 per cent, over +the like receipts for the preceding year. + +The reduction of postage under the act of March last did not take effect +until the commencement of the present fiscal year. The accounts for the +first quarter under the operation of the reduced rates will not be settled +before January next, and no reliable estimate of the receipts for the +present year can yet be made. It is believed, however, that they will fall +far short of those of the last year. The surplus of the revenues now on +hand is, however, so large that no further appropriation from the Treasury +in aid of the revenues of the Department is required for the current fiscal +year, but an additional appropriation for the year ending June 30, 1853, +will probably be found necessary when the receipts of the first two +quarters of the fiscal year are fully ascertained. + +In his last annual report the Postmaster-General recommended a reduction of +postage to rates which he deemed as low as could be prudently adopted +unless Congress was prepared to appropriate from the Treasury for the +support of the Department a sum more than equivalent to the mail services +performed by it for the Government. The recommendations of the +Postmaster-General in respect to letter postage, except on letters from and +to California and Oregon, were substantially adopted by the last Congress. +He now recommends adherence to the present letter rates and advises against +a further reduction until justified by the revenue of the Department. + +He also recommends that the rates of postage on printed matter be so +revised as to render them more simple and more uniform in their operation +upon all classes of printed matter. I submit the recommendations of the +report to your favorable consideration. + +The public statutes of the United States have now been accumulating for +more than sixty years, and, interspersed with private acts, are scattered +through numerous volumes, and, from the cost of the whole, have become +almost inaccessible to the great mass of the community. They also exhibit +much of the incongruity and imperfection of hasty legislation. As it seems +to be generally conceded that there is no "common law" of the United States +to supply the defects of their legislation, it is most important that that +legislation should be as perfect as possible, defining every power intended +to be conferred, every crime intended to be made punishable, and +prescribing the punishment to be inflicted. In addition to some particular +cases spoken of more at length, the whole criminal code is now lamentably +defective. Some offenses are imperfectly described and others are entirely +omitted, so that flagrant crimes may be committed with impunity. The scale +of punishment is not in all cases graduated according to the degree and +nature of the offense, and is often rendered more unequal by the different +modes of imprisonment or penitentiary confinement in the different States. + +Many laws of a permanent character have been introduced into appropriation +bills, and it is often difficult to determine whether the particular clause +expires with the temporary act of which it is a part or continues in force. +It has also frequently happened that enactments and provisions of law have +been introduced into bills with the title or general subject of which they +have little or no connection or relation. In this mode of legislation so +many enactments have been heaped upon each other, and often with but little +consideration, that in many instances it is difficult to search out and +determine what is the law. + +The Government of the United States is emphatically a government of written +laws. The statutes should therefore, as far as practicable, not only be +made accessible to all, but be expressed in language so plain and simple as +to be understood by all and arranged in such method as to give perspicuity +to every subject. Many of the States have revised their public acts with +great and manifest benefit, and I recommend that provision be made by law +for the appointment of a commission to revise the public statutes of the +United States, arranging them in order, supplying deficiencies, correcting +incongruities, simplifying their language, and reporting them to Congress +for its action. + +An act of Congress approved 30th September, 1850, contained a provision for +the extension of the Capitol according to such plan as might be approved by +the President, and appropriated $100,000 to be expended under his direction +by such architect as he should appoint to execute the same. On examining +the various plans which had been submitted by different architects in +pursuance of an advertisement by a committee of the Senate no one was found +to be entirely satisfactory, and it was therefore deemed advisable to +combine and adopt the advantages of several. + +The great object to be accomplished was to make such an addition as would +afford ample and convenient halls for the deliberations of the two Houses +of Congress, with sufficient accommodations for spectators and suitable +apartments for the committees and officers of the two branches of the +Legislature. It was also desirable not to mar the harmony and beauty of the +present structure, which, as a specimen of architecture, is so universally +admired. Keeping these objects in view, I concluded to make the addition by +wings, detached from the present building, yet connected with it by +corridors. This mode of enlargement will leave the present Capitol +uninjured and afford great advantages for ventilation and the admission of +light, and will enable the work to progress without interrupting the +deliberations of Congress. To carry this plan into effect I have appointed +an experienced and competent architect. The corner stone was laid on the +4th day of July last with suitable ceremonies, since which time the work +has advanced with commendable rapidity, and the foundations of both wings +are now nearly complete. + +I again commend to your favorable regard the interests of the District of +Columbia, and deem it only necessary to remind you that although its +inhabitants have no voice in the choice of Representatives in Congress, +they are not the less entitled to a just and liberal consideration in your +legislation. My opinions on this subject were more fully expressed in my +last annual communication. + +Other subjects were brought to the attention of Congress in my last annual +message, to which I would respectfully refer. But there was one of more +than ordinary interest, to which I again invite your special attention. I +allude to the recommendation for the appointment of a commission to settle +private claims against the United States. Justice to individuals, as well +as to the Government, imperatively demands that some more convenient and +expeditious mode than an appeal to Congress should be adopted. + +It is deeply to be regretted that in several instances officers of the +Government, in attempting to execute the law for the return of fugitives +from labor, have been openly resisted and their efforts frustrated and +defeated by lawless and violent mobs; that in one case such resistance +resulted in the death of an estimable citizen, and in others serious injury +ensued to those officers and to individuals who were using their endeavors +to sustain the laws. Prosecutions have been instituted against the alleged +offenders so far as they could be identified, and are still pending. I have +regarded it as my duty in these cases to give all aid legally in my power +to the enforcement of the laws, and I shall continue to do so wherever and +whenever their execution may be resisted. + +The act of Congress for the return of fugitives from labor is one required +and demanded by the express words of the Constitution. The Constitution +declares that--No person held to service or labor in one State, under the +laws thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall be +delivered up on claim of the party to whom such service or labor may be +due. This constitutional provision is equally obligatory upon the +legislative, the executive, and judicial departments of the Government, and +upon every citizen of the United States. + +Congress, however, must from necessity first act upon the subject by +prescribing the proceedings necessary to ascertain that the person is a +fugitive and the means to be used for his restoration to the claimant. This +was done by an act passed during the first term of President Washington, +which was amended by that enacted by the last Congress, and it now remains +for the executive and judicial departments to take care that these laws be +faithfully executed. This injunction of the Constitution is as peremptory +and as binding as any other; it stands exactly on the same foundation as +that clause which provides for the return of fugitives from justice, or +that which declares that no bill of attainder or ex post facto law shall be +passed, or that which provides for an equality of taxation according to the +census, or the clause declaring that all duties shall be uniform throughout +the United States, or the important provision that the trial of all crimes +shall be by jury. These several articles and clauses of the Constitution, +all resting on the same authority, must stand or fall together. Some +objections have been urged against the details of the act for the return of +fugitives from labor, but it is worthy of remark that the main opposition +is aimed against the Constitution itself, and proceeds from persons and +classes of persons many of whom declare their wish to see that Constitution +overturned. They avow their hostility to any law which shall give full and +practical effect to this requirement of the Constitution. Fortunately, the +number of these persons is comparatively small, and is believed to be daily +diminishing; but the issue which they present is one which involves the +supremacy and even the existence of the Constitution. + +Cases have heretofore arisen in which individuals have denied the binding +authority of acts of Congress, and even States have proposed to nullify +such acts upon the ground that the Constitution was the supreme law of the +land, and that those acts of Congress were repugnant to that instrument; +but nullification is now aimed not so much against particular laws as being +inconsistent with the Constitution as against the Constitution itself, and +it is not to be disguised that a spirit exists, and has been actively at +work, to rend asunder this Union, which is our cherished inheritance from +our Revolutionary fathers. + +In my last annual message I stated that I considered the series of measures +which had been adopted at the previous session in reference to the +agitation growing out of the Territorial and slavery questions as a final +settlement in principle and substance of the dangerous and exciting +subjects which they embraced, and I recommended adherence to the adjustment +established by those measures until time and experience should demonstrate +the necessity of further legislation to guard against evasion or abuse. I +was not induced to make this recommendation because I thought those +measures perfect, for no human legislation can be perfect. Wide differences +and jarring opinions can only be reconciled by yielding something on all +sides, and this result had been reached after an angry conflict of many +months, in which one part of the country was arrayed against another, and +violent convulsion seemed to be imminent. Looking at the interests of the +whole country, I felt it to be my duty to seize upon this compromise as the +best that could be obtained amid conflicting interests and to insist upon +it as a final settlement, to be adhered to by all who value the peace and +welfare of the country. A year has now elapsed since that recommendation +was made. To that recommendation I still adhere, and I congratulate you and +the country upon the general acquiescence in these measures of peace which +has been exhibited in all parts of the Republic. And not only is there this +general acquiescence in these measures, but the spirit of conciliation +which has been manifested in regard to them in all parts of the country has +removed doubts and uncertainties in the minds of thousands of good men +concerning the durability of our popular institutions and given renewed +assurance that our liberty and our Union may subsist together for the +benefit of this and all succeeding generations. + +*** + +State of the Union Address +Millard Fillmore +December 6, 1852 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The brief space which has elapsed since the close of your last session has +been marked by no extraordinary political event. The quadrennial election +of Chief Magistrate has passed off with less than the usual excitement. +However individuals and parties may have been disappointed in the result, +it is, nevertheless, a subject of national congratulation that the choice +has been effected by the independent suffrages of a free people, +undisturbed by those influences which in other countries have too often +affected the purity of popular elections. + +Our grateful thanks are due to an all-merciful Providence, not only for +staying the pestilence which in different forms has desolated some of our +cities, but for crowning the labors of the husbandman with an abundant +harvest and the nation generally with the blessings of peace and +prosperity. + +Within a few weeks the public mind has been deeply affected by the death of +Daniel Webster, filling at his decease the office of Secretary of State. +His associates in the executive government have sincerely sympathized with +his family and the public generally on this mournful occasion. His +commanding talents, his great political and professional eminence, his +well-tried patriotism, and his long and faithful services in the most +important public trusts have caused his death to be lamented throughout the +country and have earned for him a lasting place in our history. In the +course of the last summer considerable anxiety was caused for a short time +by an official intimation from the Government of Great Britain that orders +had been given for the protection of the fisheries upon the coasts of the +British provinces in North America against the alleged encroachments of the +fishing vessels of the United States and France. The shortness of this +notice and the season of the year seemed to make it a matter of urgent +importance. It was at first apprehended that an increased naval force had +been ordered to the fishing grounds to carry into effect the British +interpretation of those provisions in the convention of 1818 in reference +to the true intent of which the two Governments differ. It was soon +discovered that such was not the design of Great Britain, and satisfactory +explanations of the real objects of the measure have been given both here +and in London. + +The unadjusted difference, however, between the two Governments as to the +interpretation of the first article of the convention of 1818 is still a +matter of importance. American fishing vessels, within nine or ten years, +have been excluded from waters to which they had free access for +twenty-five years after the negotiation of the treaty. In 1845 this +exclusion was relaxed so far as concerns the Bay of Fundy, but the just and +liberal intention of the home Government, in compliance with what we think +the true construction of the convention, to open all the other outer bays +to our fishermen was abandoned in consequence of the opposition of the +colonies. Notwithstanding this, the United States have, since the Bay of +Fundy was reopened to our fishermen in 1845, pursued the most liberal +course toward the colonial fishing interests. By the revenue law of 1846 +the duties on colonial fish entering our ports were very greatly reduced, +and by the warehousing act it is allowed to be entered in bond without +payment of duty. In this way colonial fish has acquired the monopoly of the +export trade in our market and is entering to some extent into the home +consumption. These facts were among those which increased the sensibility +of our fishing interest at the movement in question. These circumstances +and the incidents above alluded to have led me to think the moment +favorable for a reconsideration of the entire subject of the fisheries on +the coasts of the British Provinces, with a view to place them upon a more +liberal footing of reciprocal privilege. A willingness to meet us in some +arrangement of this kind is understood to exist on the part of Great +Britain, with a desire on her part to include in one comprehensive +settlement as well this subject as the commercial intercourse between the +United States and the British Provinces. I have thought that, whatever +arrangements may be made on these two subjects, it is expedient that they +should be embraced in separate conventions. The illness and death of the +late Secretary of State prevented the commencement of the contemplated +negotiation. Pains have been taken to collect the information required for +the details of such an arrangement. The subject is attended with +considerable difficulty. If it is found practicable to come to an agreement +mutually acceptable to the two parties, conventions may be concluded in the +course of the present winter. The control of Congress over all the +provisions of such an arrangement affecting the revenue will of course be +reserved. + +The affairs of Cuba formed a prominent topic in my last annual message. +They remain in an uneasy condition, and a feeling of alarm and irritation +on the part of the Cuban authorities appears to exist. This feeling has +interfered with the regular commercial intercourse between the United +States and the island and led to some acts of which we have a fight to +complain. But the Captain-General of Cuba is clothed with no power to treat +with foreign governments, nor is he in any degree under the control of the +Spanish minister at Washington. Any communication which he may hold with an +agent of a foreign power is informal and matter of courtesy. Anxious to put +an end to the existing inconveniences (which seemed to rest on a +misconception), I directed the newly appointed minister to Mexico to visit +Havana on his way to Vera Cruz. He was respectfully received by the +Captain-General, who conferred with him freely on the recent occurrences, +but no permanent arrangement was effected. + +In the meantime the refusal of the Captain-Generalto allow passengers and +the mail to be landed in certain cases, for a reason which does not +furnish, in the opinion of this Government, even a good presumptive ground +for such prohibition, has been made the subject of a serious remonstrance +at Madrid, and I have no reason to doubt that due respect will be paid by +the Government of Her Catholic Majesty to the representations which our +minister has been instructed to make on the subject. + +It is but justice to the Captain-General to add that his conduct toward the +steamers employed to carry the mails of the United States to Havana has, +with the exceptions above alluded to, been marked with kindness and +liberality, and indicates no general purpose of interfering with the +commercial correspondence and intercourse between the island and this +country. + +Early in the present year official notes were received from the ministers +of France and England inviting the Government of the United States to +become a party with Great Britain and France to a tripartite convention, in +virtue of which the three powers should severally and collectively disclaim +now and for the future all intention to obtain possession of the island of +Cuba, and should bind themselves to discountenance all attempts to that +effect on the part of any power or individual whatever. This invitation has +been respectfully declined, for reasons which it would occupy too much +space in this communication to state in detail, but which led me to think +that the proposed measure would be of doubtful constitutionality, +impolitic, and unavailing. I have, however, in common with several of my +predecessors, directed the ministers of France and England to be assured +that the United States entertain no designs against Cuba, but that, on the +contrary, I should regard its incorporation into the Union at the present +time as fraught with serious peril. + +Were this island comparatively destitute of inhabitants or occupied by a +kindred race, I should regard it, if voluntarily ceded by Spain, as a most +desirable acquisition. But under existing circumstances I should look upon +its incorporation into our Union as a very hazardous measure. It would +bring into the Confederacy a population of a different national stock, +speaking a different language, and not likely to harmonize with the other +members. It would probably affect in a prejudicial manner the industrial +interests of the South, and it might revive those conflicts of opinion +between the different sections of the country which lately shook the Union +to its center, and which have been so happily compromised. + +The rejection by the Mexican Congress of the convention which had been +concluded between that Republic and the United States for the protection of +a transit way across the Isthmus of Tehuantepec and of the interests of +those citizens of the United States who had become proprietors of the +rights which Mexico had conferred on one of her own citizens in regard to +that transit has thrown a serious obstacle in the way of the attainment of +a very desirable national object. I am still willing to hope that the +differences on the subject which exist, or may hereafter arise, between the +Governments will be amicably adjusted. This subject, however, has already +engaged the attention of the Senate of the United States, and requires no +further comment in this communication. + +The settlement of the question respecting the port of San Juan de Nicaragua +and of the controversy between the Republics of Costa Rica and Nicaragua in +regard to their boundaries was considered indispensable to the commencement +of the ship canal between the two oceans, which was the subject of the +convention between the United States and Great Britain of the 19th of +April, 1850. Accordingly, a proposition for the same purposes, addressed to +the two Governments in that quarter and to the Mosquito Indians, was agreed +to in April last by the Secretary of State and the minister of Her +Britannic Majesty. Besides the wish to aid in reconciling the differences +of the two Republics, I engaged in the negotiation from a desire to place +the great work of a ship canal between the two oceans under one +jurisdiction and to establish the important port of San Juan de Nicaragua +under the government of a civilized power. The proposition in question was +assented to by Costs Rica and the Mosquito Indians. It has not proved +equally acceptable to Nicaragua, but it is to be hoped that the further +negotiations on the subject which are in train will be carried on in that +spirit of conciliation and compromise which ought always to prevail on such +occasions, and that they will lead to a satisfactory result. + +I have the satisfaction to inform you that the executive government of +Venezuela has acknowledged some claims of citizens of the United States +which have for many years past been urged by our charge d'affaires at +Caracas. It is hoped that the same sense of justice will actuate the +Congress of that Republic in providing the means for their payment. + +The recent revolution in Buenos Ayres and the Confederated States having +opened the prospect of an improved state of things in that quarter, the +Governments of Great Britain and France determined to negotiate with the +chief of the new confederacy for the free access of their commerce to the +extensive countries watered by the tributaries of the La Plata; and they +gave a friendly notice of this purpose to the United States, that we might, +if we thought proper, pursue the same course. In compliance with this +invitation, our minister at Rio Janeiro and our charge d'affaires at +Buenos Ayres have been fully authorized to conclude treaties with the newly +organized confederation or the States composing it. The delays which have +taken place in the formation of the new government have as yet prevented +the execution of those instructions, but there is every reason to hope that +these vast countries will be eventually opened to our commerce. + +A treaty of commerce has been concluded between the United States and the +Oriental Republic of Uruguay, which will be laid before the Senate. Should +this convention go into operation, it will open to the commercial +enterprise of our citizens a country of great extent and unsurpassed in +natural resources, but from which foreign nations have hitherto been almost +wholly excluded. + +The correspondence of the late Secretary of State with the Peruvian charge +d'affaires relative to the Lobos Islands was communicated to Congress +toward the close of the last session. Since that time, on further +investigation of the subject, the doubts which had been entertained of the +title of Peru to those islands have been removed, and I have deemed it just +that the temporary wrong which had been unintentionally done her from want +of information should be repaired by an unreserved acknowledgment of her +sovereignty. + +I have the satisfaction to inform you that the course pursued by Peru has +been creditable to the liberality of her Government. Before it was known by +her that her title would be acknowledged at Washington, her minister of +foreign affairs had authorized our charge d'affaires at Lima to announce +to the American vessels which had gone to the Lobos for guano that the +Peruvian Government was willing to freight them on its own account. This +intention has been carried into effect by the Peruvian minister here by an +arrangement which is believed to be advantageous to the parties in +interest. + +Our settlements on the shores of the Pacific have already given a great +extension, and in some respects a new direction, to our commerce in that +ocean. A direct and rapidly increasing intercourse has sprung up with +eastern Asia. The waters of the Northern Pacific, even into the Arctic Sea, +have of late years been frequented by our whalemen. The application of +steam to the general purposes of navigation is becoming daily more common, +and makes it desirable to obtain fuel and other necessary supplies at +convenient points on the route between Asia and our Pacific shores. Our +unfortunate countrymen who from time to time suffer shipwreck on the coasts +of the eastern seas are entitled to protection. Besides these specific +objects, the general prosperity of our States on the Pacific requires that +an attempt should be made to open the opposite regions of Asia to a +mutually beneficial intercourse. It is obvious that this attempt could be +made by no power to so great advantage as by the United States, whose +constitutional system excludes every idea of distant colonial dependencies. +I have accordingly been led to order an appropriate naval force to Japan, +under the command of a discreet and intelligent officer of the highest rank +known to our service. He is instructed to endeavor to obtain from the +Government of that country some relaxation of the inhospitable and +antisocial system which it has pursued for about two centuries. He has been +directed particularly to remonstrate in the strongest language against the +cruel treatment to which our shipwrecked mariners have often been subjected +and to insist that they shall be treated with humanity. He is instructed, +however, at the same time, to give that Government the amplest assurances +that the objects of the United States are such, and such only, as I have +indicated, and that the expedition is friendly and peaceful. +Notwithstanding the jealousy with which the Governments of eastern Asia +regard all overtures from foreigners, I am not without hopes of a +beneficial result of the expedition. Should it be crowned with success, the +advantages will not be confined to the United States, but, as in the case +of China, will be equally enjoyed by all the other maritime powers. I have +much satisfaction in stating that in all the steps preparatory to this +expedition the Government of the United States has been materially aided by +the good offices of the King of the Netherlands, the only European power +having any commercial relations with Japan. + +In passing from this survey of our foreign relations, I invite the +attention of Congress to the condition of that Department of the Government +to which this branch of the public business is intrusted. Our intercourse +with foreign powers has of late years greatly increased, both in +consequence of our own growth and the introduction of many new states into +the family of nations. In this way the Department of State has become +overburdened. It has by the recent establishment of the Department of the +Interior been relieved of some portion of the domestic business. If the +residue of the business of that kind--such as the distribution of +Congressional documents, the keeping, publishing, and distribution of the +laws of the United States, the execution of the copyright law, the subject +of reprieves and pardons, and some other subjects relating to interior +administration--should be transferred from the Department of State, it +would unquestionably be for the benefit of the public service. I would also +suggest that the building appropriated to the State Department is not +fireproof; that there is reason to think there are defects in its +construction, and that the archives of the Government in charge of the +Department, with the precious collections of the manuscript papers of +Washington, Jefferson, Hamilton, Madison, and Monroe, are exposed to +destruction by fire. A similar remark may be made of the buildings +appropriated to the War and Navy Departments. + +The condition of the Treasury is exhibited in the annual report from that +Department. + +The cash receipts into the Treasury for the fiscal year ending the 30th +June last, exclusive of trust funds, were $49,728,386.89, and the +expenditures for the same period, likewise exclusive of trust funds, were +$46,007,896.20, of which $9,455,815.83 was on account of the principal and +interest of the public debt, including the last installment of the +indemnity to Mexico under the treaty of Guadalupe Hidalgo, leaving a +balance of $14,632,136.37 in the Treasury on the 1st day of July last. +Since this latter period further purchases of the principal of the public +debt have been made to the extent of $2,456,547.49, and the surplus in the +Treasury will continue to be applied to that object whenever the stock can +be procured within the limits as to price authorized by law. + +The value of foreign merchandise imported during the last fiscal year was +$207,240,101, and the value of domestic productions exported was +$149,861,911, besides $17,204,026 of foreign merchandise exported, making +the aggregate of the entire exports $167,065,937. Exclusive of the above, +there was exported $42,507,285 in specie, and imported from foreign ports +$5,262,643. + +In my first annual message to Congress I called your attention to what +seemed to me some defects in the present tariff, and recommended such +modifications as in my judgment were best adapted to remedy its evils and +promote the prosperity of the country. Nothing has since occurred to change +my views on this important question. + +Without repeating the arguments contained in my former message in favor of +discriminating protective duties, I deem it my duty to call your attention +to one or two other considerations affecting this subject. The first is the +effect of large importations of foreign goods upon our currency. Most of +the gold of California, as fast as it is coined, finds its way directly to +Europe in payment for goods purchased. In the second place, as our +manufacturing establishments are broken down by competition with +foreigners, the capital invested in them is lost, thousands of honest and +industrious citizens are thrown out of employment, and the farmer, to that +extent, is deprived of a home market for the sale of his surplus produce. +In the third place, the destruction of our manufactures leaves the +foreigner without competition in our market, and he consequently raises the +price of the article sent here for sale, as is now seen in the increased +cost of iron imported from England. The prosperity and wealth of every +nation must depend upon its productive industry. The farmer is stimulated +to exertion by finding a ready market for his surplus products, and +benefited by being able to exchange them without loss of time or expense of +transportation for the manufactures which his comfort or convenience +requires. This is always done to the best advantage where a portion of the +community in which he lives is engaged in other pursuits. But most +manufactures require an amount of capital and a practical skill which can +not be commanded unless they be protected for a time from ruinous +competition from abroad. Hence the necessity of laying those duties upon +imported goods which the Constitution authorizes for revenue in such a +manner as to protect and encourage the labor of our own citizens. Duties, +however, should not be fixed at a rate so high as to exclude the foreign +article, but should be so graduated as to enable the domestic manufacturer +fairly to compete with the foreigner in our own markets, and by this +competition to reduce the price of the manufactured article to the consumer +to the lowest rate at which it can be produced. This policy would place the +mechanic by the side of the farmer, create a mutual interchange of their +respective commodities, and thus stimulate the industry of the whole +country and render us independent of foreign nations for the supplies +required by the habits or necessities of the people. + +Another question, wholly independent of protection, presents itself, and +that is, whether the duties levied should be upon the value of the article +at the place of shipment, or, where it is practicable, a specific duty, +graduated according to quantity, as ascertained by weight or measure. All +our duties are at present ad valorem. A certain percentage is levied on the +price of the goods at the port of shipment in a foreign country. Most +commercial nations have found it indispensable, for the purpose of +preventing fraud and perjury, to make the duties specific whenever the +article is of such a uniform value in weight or measure as to justify such +a duty. Legislation should never encourage dishonesty or crime. It is +impossible that the revenue officers at the port where the goods are +entered and the duties paid should know with certainty what they cost in +the foreign country. Yet the law requires that they should levy the duty +according to such cost. They are therefore compelled to resort to very +unsatisfactory evidence to ascertain what that cost was. They take the +invoice of the importer, attested by his oath, as the best evidence of +which the nature of the case admits. But everyone must see that the invoice +may be fabricated and the oath by which it is supported false, by reason of +which the dishonest importer pays a part only of the duties which are paid +by the honest one, and thus indirectly receives from the Treasury of the +United States a reward for his fraud and perjury. The reports of the +Secretary of the Treasury heretofore made on this subject show conclusively +that these frauds have been practiced to a great extent. The tendency is to +destroy that high moral character for which our merchants have long been +distinguished, to defraud the Government of its revenue, to break down the +honest importer by a dishonest competition, and, finally, to transfer the +business of importation to foreign and irresponsible agents, to the great +detriment of our own citizens. I therefore again most earnestly recommend +the adoption of specific duties wherever it is practicable, or a home +valuation, to prevent these frauds. + +I would also again call your attention to the fact that the present tariff +in some cases imposes a higher duty upon the raw material imported than +upon the article manufactured from it, the consequence of which is that the +duty operates to the encouragement of the foreigner and the discouragement +of our own citizens. + +For full and detailed information in regard to the general condition of our +Indian affairs, I respectfully refer you to the report of the Secretary of +the Interior and the accompanying documents. + +The Senate not having thought proper to ratify the treaties which have been +negotiated with the tribes of Indians in California and Oregon, our +relations with them have been left in a very unsatisfactory condition. + +In other parts of our territory particular districts of country have been +set apart for the exclusive occupation of the Indians, and their right to +the lands within those limits has been acknowledged and respected. But in +California and Oregon there has been no recognition by the Government of +the exclusive right of the Indians to any part of the country. They are +therefore mere tenants at sufferance, and liable to be driven from place to +place at the pleasure of the whites. + +The treaties which have been rejected proposed to remedy this evil by +allotting to the different tribes districts of country suitable to their +habits of life and sufficient for their support. This provision, more than +any other, it is believed, led to their rejection; and as no substitute for +it has been adopted by Congress, it has not been deemed advisable to +attempt to enter into new treaties of a permanent character, although no +effort has been spared by temporary arrangements to preserve friendly +relations with them. + +If it be the desire of Congress to remove them from the country altogether, +or to assign to them particular districts more remote from the settlements +of the whites, it will be proper to set apart by law the territory which +they are to occupy and to provide the means necessary for removing them to +it. Justice alike to our own citizens and to the Indians requires the +prompt action of Congress on this subject. The amendments proposed by the +Senate to the treaties which were negotiated with the Sioux Indians of +Minnesota have been submitted to the tribes who were parties to them, and +have received their assent. A large tract of valuable territory has thus +been opened for settlement and cultivation, and all danger of collision +with these powerful and warlike bands has been happily removed. + +The removal of the remnant of the tribe of Seminole Indians from Florida +has long been a cherished object of the Government, and it is one to which +my attention has been steadily directed. Admonished by past experience of +the difficulty and cost of the attempt to remove them by military force, +resort has been had to conciliatory measures. By the invitation of the +Commissioner of Indian Affairs, several of the principal chiefs recently +visited Washington, and whilst here acknowledged in writing the obligation +of their tribe to remove with the least possible delay. Late advices from +the special agent of the Government represent that they adhere to their +promise, and that a council of their people has been called to make their +preliminary arrangements. A general emigration may therefore be confidently +expected at an early day. + +The report from the General Land Office shows increased activity in its +operations. The survey of the northern boundary of Iowa has been completed +with unexampled dispatch. Within the last year 9,522,953 acres of public +land have been surveyed and 8,032,463 acres brought into market. + +Acres In the last fiscal year there were sold 1,553,071 Located with +bounty-land warrants 3,201,314 Located with other certificates 115,682 +Making a total of 4,870,067 + +In addition there were--Reported under swamp-land grants 5,219,188 For +internal improvements, railroads, etc 3,025,920 Making an aggregate of +13,115,175 Being an increase of the amount sold and located under land +warrants of 569,220 acres over the previous year. The whole amount thus +sold, located under land warrants, reported under swamp-land grants, and +selected for internal improvements exceeds that of the previous year by +3,342,372 acres; and the sales would without doubt have been much larger +but for the extensive reservations for railroads in Missouri, Mississippi, +and Alabama. + +Acres For the quarter ending 30th September, 1852, there were sold 243,255 +Located with bounty-land warrants 1,387,116 Located with other certificates +15,649 Reported under swamp-land grants 2,485,233 Making an aggregate for +the quarter of 4,131,253 + +Much the larger portion of the labor of arranging and classifying the +returns of the last census has been finished, and it will now devolve upon +Congress to make the necessary provision for the publication of the results +in such form as shall be deemed best. The apportionment of representation +on the basis of the new census has been made by the Secretary of the +Interior in conformity with the provisions of law relating to that subject, +and the recent elections have been made in accordance with it. + +I commend to your favorable regard the suggestion contained in the report +of the Secretary of the Interior that provision be made by law for the +publication and distribution, periodically, of an analytical digest of all +the patents which have been or may hereafter be granted for useful +inventions and discoveries, with such descriptions and illustrations as may +be necessary to present an intelligible view of their nature and operation. +The cost of such publication could easily be defrayed out of the patent +fund, and I am persuaded that it could be applied to no object more +acceptable to inventors and beneficial to the public at large. + +An appropriation of $100,000 having been made at the last session for the +purchase of a suitable site and for the erection, furnishing, and fitting +up of an asylum for the insane of the District of Columbia and of the Army +and Navy of the United States, the proper measures have been adopted to +carry this beneficent purpose into effect. + +By the latest advices from the Mexican boundary commission it appears that +the survey of the river Gila from its continence with the Colorado to its +supposed intersection with the western line of New Mexico has been +completed. The survey of the Rio Grande has also been finished from the +point agreed on by the commissioners as "the point where it strikes the +southern boundary of New Mexico" to a point 135 miles below Eagle Pass, +which is about two-thirds of the distance along the course of the river to +its mouth. + +The appropriation which was made at the last session of Congress for the +continuation of the survey is subject to the following proviso: Provided, +That no part of this appropriation shall be used or expended until it shall +be made satisfactorily to appear to the President of the United States that +the southern boundary of New Mexico is not established by the commissioner +and surveyor of the United States farther north of the town called "Paso" +than the same is laid down in Disturnell's map, which is added to the +treaty. + +My attention was drawn to this subject by a report from the Department of +the Interior, which reviewed all the facts of the case and submitted for my +decision the question whether under existing circumstances any part of the +appropriation could be lawfully used or expended for the further +prosecution of the work. After a careful consideration of the subject I +came to the conclusion that it could not, and so informed the head of that +Department. Orders were immediately issued by him to the commissioner and +surveyor to make no further requisitions on the Department, as they could +not be paid, and to discontinue all operations on the southern line of New +Mexico. But as the Department had no exact information as to the amount of +provisions and money which remained unexpended in the hands of the +commissioner and surveyor, it was left discretionary with them to continue +the survey down the Rio Grande as far as the means at their disposal would +enable them or at once to disband the commission. A special messenger has +since arrived from the officer in charge of the survey on the river with +information that the funds subject to his control were exhausted and that +the officers and others employed in the service were destitute alike of the +means of prosecuting the work and of returning to their homes. + +The object of the proviso was doubtless to arrest the survey of the +southern and western lines of New Mexico, in regard to which different +opinions have been expressed; for it is hardly to be supposed that there +could be any objection to that part of the line which extends along the +channel of the Rio Grande. But the terms of the law are so broad as to +forbid the use of any part of the money for the prosecution of the work, or +even for the payment to the officers and agents of the arrearages of pay +which are justly due to them. + +I earnestly invite your prompt attention to this subject, and recommend a +modification of the terms of the proviso, so as to enable the Department to +use as much of the appropriation as will be necessary to discharge the +existing obligations of the Government and to complete the survey of the +Rio Grande to its mouth. + +It will also be proper to make further provision by law for the fulfillment +of our treaty with Mexico for running and marking the residue of the +boundary line between the two countries. + +Permit me to invite your particular attention to the interests of the +District of Columbia, which are confided by the Constitution to your +peculiar care. + +Among the measures which seem to me of the greatest importance to its +prosperity are the introduction of a copious supply of water into the city +of Washington and the construction of suitable bridges across the Potomac +to replace those which were destroyed by high water in the early part of +the present year. + +At the last session of Congress an appropriation was made to defray the +cost of the surveys necessary for determining the best means of affording +an unfailing supply of good and wholesome water. Some progress has been +made in the survey, and as soon as it is completed the result will be laid +before you. + +Further appropriations will also be necessary for grading and paving the +streets and avenues and inclosing and embellishing the public grounds +within the city of Washington. + +I commend all these objects, together with the charitable institutions of +the District, to your favorable regard. Every effort has been made to +protect our frontier and that of the adjoining Mexican States from the +incursions of the Indian tribes. Of about 11,000 men of which the Army is +composed, nearly 8,000 are employed in the defense of the newly acquired +territory (including Texas) and of emigrants proceeding thereto. I am +gratified to say that these efforts have been unusually successful. With +the exception of some partial outbreaks in California and Oregon and +occasional depredations on a portion of the Rio Grande, owing, it is +believed, to the disturbed state of that border region, the inroads of the +Indians have been effectually restrained. + +Experience has shown, however, that whenever the two races are brought into +contact collisions will inevitably occur. To prevent these collisions the +United States have generally set apart portions of their territory for the +exclusive occupation of the Indian tribes. A difficulty occurs, however, in +the application of this policy to Texas. By the terms of the compact by +which that State was admitted into the Union she retained the ownership of +all the vacant lands within her limits. The government of that State, it is +understood, has assigned no portion of her territory to the Indians, but as +fast as her settlements advance lays it off into counties and proceeds to +survey and sell it. This policy manifestly tends not only to alarm and +irritate the Indians, but to compel them to resort to plunder for +subsistence. It also deprives this Government of that influence and control +over them without which no durable peace can ever exist between them and +the whites. I trust, therefore, that a due regard for her own interests, +apart from considerations of humanity and justice, will induce that State +to assign a small portion of her vast domain for the provisional occupancy +of the small remnants of tribes within her borders, subject, of course, to +her ownership and eventual jurisdiction. If she should fail to do this, the +fulfillment of our treaty stipulations with Mexico and our duty to the +Indians themselves will, it is feared, become a subject of serious +embarrassment to the Government. It is hoped, however, that a timely and +just provision by Texas may avert this evil. + +No appropriations for fortifications were made at the two last sessions of +Congress. The cause of this omission is probably to be found in a growing +belief that the system of fortifications adopted in 1816, and heretofore +acted on, requires revision. + +The subject certainly deserves full and careful investigation, but it +should not be delayed longer than can be avoided. In the meantime there are +certain works which have been commenced, some of them nearly completed, +designed to protect our principal seaports from Boston to New Orleans and a +few other important points. In regard to the necessity for these works, it +is believed that little difference of opinion exists among military men. I +therefore recommend that the appropriations necessary to prosecute them be +made. + +I invite your attention to the remarks on this subject and on others +connected with his Department contained in the accompanying report of the +Secretary of War. + +Measures have been taken to carry into effect the law of the last session +making provision for the improvement of certain rivers and harbors, and it +is believed that the arrangements made for that purpose will combine +efficiency with economy. Owing chiefly to the advanced season when the act +was passed, little has yet been done in regard to many of the works beyond +making the necessary preparations. With respect to a few of the +improvements, the sums already appropriated will suffice to complete them; +but most of them will require additional appropriations. I trust that these +appropriations will be made, and that this wise and beneficent policy, so +auspiciously resumed, will be continued. Great care should be taken, +however, to commence no work which is not of sufficient importance to the +commerce of the country to be viewed as national in its character. But +works which have been commenced should not be discontinued until completed, +as otherwise the sums expended will in most cases be lost. + +The report from the Navy Department will inform you of the prosperous +condition of the branch of the public service committed to its charge. It +presents to your consideration many topics and suggestions of which I ask +your approval. It exhibits an unusual degree of activity in the operations +of the Department during the past year. The preparations for the Japan +expedition, to which I have already alluded; the arrangements made for the +exploration and survey of the China Seas, the Northern Pacific, and +Behrings Straits; the incipient measures taken toward a reconnoissance of +the continent of Africa eastward of Liberia; the preparation for an early +examination of the tributaries of the river La Plata, which a recent decree +of the provisional chief of the Argentine Confederation has opened to +navigation--all these enterprises and the means by which they are proposed +to be accomplished have commanded my full approbation, and I have no doubt +will be productive of most useful results. + +Two officers of the Navy were heretofore instructed to explore the whole +extent of the Amazon River from the confines of Peru to its mouth. The +return of one of them has placed in the possession of the Government an +interesting and valuable account of the character and resources of a +country abounding in the materials of commerce, and which if opened to the +industry of the world will prove an inexhaustible fund of wealth. The +report of this exploration will be communicated to you as soon as it is +completed. + +Among other subjects offered to your notice by the Secretary of the Navy, I +select for special commendation, in view of its connection with the +interests of the Navy, the plan submitted by him for the establishment of a +permanent corps of seamen and the suggestions he has presented for the +reorganization of the Naval Academy. + +In reference to the first of these, I take occasion to say that I think it +will greatly improve the efficiency of the service, and that I regard it as +still more entitled to favor for the salutary influence it must exert upon +the naval discipline, now greatly disturbed by the increasing spirit of +insubordination resulting from our present system. The plan proposed for +the organization of the seamen furnishes a judicious substitute for the law +of September, 1850, abolishing corporal punishment, and satisfactorily +sustains the policy of that act under conditions well adapted to maintain +the authority of command and the order and security of our ships. It is +believed that any change which proposes permanently to dispense with this +mode of punishment should be preceded by a system of enlistment which shall +supply the Navy with seamen of the most meritorious class, whose good +deportment and pride of character may preclude all occasion for a resort to +penalties of a harsh or degrading nature. The safety of a ship and her crew +is often dependent upon immediate obedience to a command, and the authority +to enforce it must be equally ready. The arrest of a refractory seaman in +such moments not only deprives the ship of indispensable aid, but imposes a +necessity for double service on others, whose fidelity to their duties may +be relied upon in such an emergency. The exposure to this increased and +arduous labor since the passage of the act of 1850 has already had, to a +most observable and injurious extent, the effect of preventing the +enlistment of the best seamen in the Navy. The plan now suggested is +designed to promote a condition of service in which this objection will no +longer exist. The details of this plan may be established in great part, if +not altogether, by the Executive under the authority of existing laws, but +I have thought it proper, in accordance with the suggestion of the +Secretary of the Navy, to submit it to your approval. + +The establishment of a corps of apprentices for the Navy, or boys to be +enlisted until they become of age, and to be employed under such +regulations as the Navy Department may devise, as proposed in the report, I +cordially approve and commend to your consideration; and I also concur in +the suggestion that this system for the early training of seamen may be +most usefully ingrafted upon the service of our merchant marine. The other +proposition of the report to which I have referred--the reorganization of +the Naval Academy--I recommend to your attention as a project worthy of +your encouragement and support. The valuable services already rendered by +this institution entitle it to the continuance of your fostering care. + +Your attention is respectfully called to the report of the Postmaster +General for the detailed operation of his Department during the last fiscal +year, from which it will be seen that the receipts from postages for that +time were less by $1,431,696 than for the preceding fiscal year, being a +decrease of about 23 per cent. + +This diminution is attributable to the reduction in the rates of postage +made by the act of March 3, 1851, which reduction took effect at the +commencement of the last fiscal year. + +Although in its operation during the last year the act referred to has not +fulfilled the predictions of its friends by increasing the correspondence +of the country in proportion to the reduction of postage, I should, +nevertheless, question the policy of returning to higher rates. Experience +warrants the expectation that as the community becomes accustomed to cheap +postage correspondence will increase. It is believed that from this cause +and from the rapid growth of the country in population and business the +receipts of the Department must ultimately exceed its expenses, and that +the country may safely rely upon the continuance of the present cheap rate +of postage. + +In former messages I have, among other things, respectfully recommended to +the consideration of Congress the propriety and necessity of further +legislation for the protection and punishment of foreign consuls residing +in the United States; to revive, with certain modifications, the act of +10th March, 1838, to restrain unlawful military expeditions against the +inhabitants of conterminous states or territories; for the preservation and +protection from mutilation or theft of the papers, records, and archives of +the nation; for authorizing the surplus revenue to be applied to the +payment of the public debt in advance of the time when it will become due; +for the establishment of land offices for the sale of the public lands in +California and the Territory of Oregon; for the construction of a road from +the Mississippi Valley to the Pacific Ocean; for the establishment of a +bureau of agriculture for the promotion of that interest, perhaps the most +important in the country; for the prevention of frauds upon the Government +in applications for pensions and bounty lands; for the establishment of a +uniform fee bill, prescribing a specific compensation for every service +required of clerks, district attorneys, and marshals; for authorizing an +additional regiment of mounted men for the defense of our frontiers against +the Indians and for fulfilling our treaty stipulations with Mexico to +defend her citizens against the Indians "with equal diligence and energy as +our own;" for determining the relative rank between the naval and civil +officers in our public ships and between the officers of the Army and Navy +in the various grades of each; for reorganizing the naval establishment by +fixing the number of officers in each grade, and providing for a retired +list upon reduced pay of those unfit for active duty; for prescribing and +regulating punishments in the Navy; for the appointment of a commission to +revise the public statutes of the United States by arranging them in order, +supplying deficiencies, correcting incongruities, simplifying their +language, and reporting them to Congress for its final action; and for the +establishment of a commission to adjudicate and settle private claims +against the United States. I am not aware, however, that any of these +subjects have been finally acted upon by Congress. Without repeating the +reasons for legislation on these subjects which have been assigned in +former messages, I respectfully recommend them again to your favorable +consideration. + +I think it due to the several Executive Departments of this Government to +bear testimony to the efficiency and integrity with which they are +conducted. With all the careful superintendence which it is possible for +the heads of those Departments to exercise, still the due administration +and guardianship of the public money must very much depend on the +vigilance, intelligence, and fidelity of the subordinate officers and +clerks, and especially on those intrusted with the settlement and +adjustment of claims and accounts. I am gratified to believe that they have +generally performed their duties faithfully and well. They are appointed to +guard the approaches to the public Treasury, and they occupy positions that +expose them to all the temptations and seductions which the cupidity of +peculators and fraudulent claimants can prompt them to employ. It will be +but a wise precaution to protect the Government against that source of +mischief and corruption, as far as it can be done, by the enactment of all +proper legal penalties. The laws in this respect are supposed to be +defective, and I therefore deem it my duty to call your attention to the +subject and to recommend that provision be made by law for the punishment +not only of those who shall accept bribes, but also of those who shall +either promise, give, or offer to give to any of those officers or clerks a +bribe or reward touching or relating to any matter of their official action +or duty. + +It has been the uniform policy of this Government, from its foundation to +the present day, to abstain from all interference in the domestic affairs +of other nations. The consequence has been that while the nations of Europe +have been engaged in desolating wars our country has pursued its peaceful +course to unexampled prosperity and happiness. The wars in which we have +been compelled to engage in defense of the rights and honor of the country +have been, fortunately, of short duration. During the terrific contest of +nation against nation which succeeded the French Revolution we were enabled +by the wisdom and firmness of President Washington to maintain our +neutrality. While other nations were drawn into this wide-sweeping +whirlpool, we sat quiet and unmoved upon our own shores. While the flower +of their numerous armies was wasted by disease or perished by hundreds of +thousands upon the battlefield, the youth of this favored land were +permitted to enjoy the blessings of peace beneath the paternal roof. While +the States of Europe incurred enormous debts, under the burden of which +their subjects still groan, and which must absorb no small part of the +product of the honest industry of those countries for generations to come, +the United States have once been enabled to exhibit the proud spectacle of +a nation free from public debt, and if permitted to pursue our prosperous +way for a few years longer in peace we may do the same again. + +But it is now said by some that this policy must be changed. Europe is no +longer separated from us by a voyage of months, but steam navigation has +brought her within a few days' sail of our shores. We see more of her +movements and take a deeper interest in her controversies. Although no one +proposes that we should join the fraternity of potentates who have for ages +lavished the blood and treasure of their subjects in maintaining "the +balance of power," yet it is said that we ought to interfere between +contending sovereigns and their subjects for the purpose of overthrowing +the monarchies of Europe and establishing in their place republican +institutions. It is alleged that we have heretofore pursued a different +course from a sense of our weakness, but that now our conscious strength +dictates a change of policy, and that it is consequently our duty to mingle +in these contests and aid those who are struggling for liberty. + +This is a most seductive but dangerous appeal to the generous sympathies of +freemen. Enjoying, as we do, the blessings of a free Government, there is +no man who has an American heart that would not rejoice to see these +blessings extended to all other nations. We can not witness the struggle +between the oppressed and his oppressor anywhere without the deepest +sympathy for the former and the most anxious desire for his triumph. +Nevertheless, is it prudent or is it wise to involve ourselves in these +foreign wars? Is it indeed true that we have heretofore refrained from +doing so merely from the degrading motive of a conscious weakness? For the +honor of the patriots who have gone before us, I can not admit it. Men of +the Revolution, who drew the sword against the oppressions of the mother +country and pledged to Heaven "their lives, their fortunes, and their +sacred honor" to maintain their freedom, could never have been actuated by +so unworthy a motive. They knew no weakness or fear where right or duty +pointed the way, and it is a libel upon their fair fame for us, while we +enjoy the blessings for which they so nobly fought and bled, to insinuate +it. The truth is that the course which they pursued was dictated by a stern +sense of international justice, by a statesmanlike prudence and a +far-seeing wisdom, looking not merely to the present necessities but to the +permanent safety and interest of the country. They knew that the world is +governed less by sympathy than by reason and force; that it was not +possible for this nation to become a "propagandist" of free principles +without arraying against it the combined powers of Europe, and that the +result was more likely to be the overthrow of republican liberty here than +its establishment there. History has been written in vain for those who can +doubt this. France had no sooner established a republican form of +government than she manifested a desire to force its blessings on all the +world. Her own historian informs us that, hearing of some petty acts of +tyranny in a neighboring principality, "the National Convention declared +that she would afford succor and fraternity to all nations who wished to +recover their liberty, and she gave it in charge to the executive power to +give orders to the generals of the French armies to aid all citizens who +might have been or should be oppressed in the cause of liberty." Here was +the false step which led to her subsequent misfortunes. She soon found +herself involved in war with all the rest of Europe. In less than ten years +her Government was changed from a republic to an empire, and finally, after +shedding rivers of blood, foreign powers restored her exiled dynasty and +exhausted Europe sought peace and repose in the unquestioned ascendency of +monarchical principles. Let us learn wisdom from her example. Let us +remember that revolutions do not always establish freedom. Our own free +institutions were not the offspring of our Revolution. They existed before. +They were planted in the free charters of self-government under which the +English colonies grew up, and our Revolution only freed us from the +dominion of a foreign power whose government was at variance with those +institutions. But European nations have had no such training for +self-government, and every effort to establish it by bloody revolutions has +been, and must without that preparation continue to be, a failure. Liberty +unregulated by law degenerates into anarchy, which soon becomes the most +horrid of all despotisms. Our policy is wisely to govern ourselves, and +thereby to set such an example of national justice, prosperity, and true +glory as shall teach to all nations the blessings of self-government and +the unparalleled enterprise and success of a free people. + +We live in an age of progress, and ours is emphatically a country of +progress. Within the last half century the number of States in this Union +has nearly doubled, the population has almost quadrupled, and our +boundaries have been extended from the Mississippi to the Pacific. Our +territory is checkered over with railroads and furrowed with canals. The +inventive talent of our country is excited to the highest pitch, and the +numerous applications for patents for valuable improvements distinguish +this age and this people from all others. The genius of one American has +enabled our commerce to move against wind and tide and that of another has +annihilated distance in the transmission of intelligence. The whole country +is full of enterprise. Our common schools are diffusing intelligence among +the people and our industry is fast accumulating the comforts and luxuries +of life. This is in part owing to our peculiar position, to our fertile +soil and comparatively sparse population; but much of it is also owing to +the popular institutions under which we live, to the freedom which every +man feels to engage in any useful pursuit according to his taste or +inclination, and to the entire confidence that his person and property will +be protected by the laws. But whatever may be the cause of this +unparalleled growth in population, intelligence, and wealth, one tiring is +clear--that the Government must keep pace with the progress of the people. +It must participate in their spirit of enterprise, and while it exacts +obedience to the laws and restrains all unauthorized invasions of the +rights of neighboring states, it should foster and protect home industry +and lend its powerful strength to the improvement of such means of +intercommunication as are necessary to promote our internal commerce and +strengthen the ties which bind us together as a people. + +It is not strange, however much it may be regretted, that such an +exuberance of enterprise should cause some individuals to mistake change +for progress and the invasion of the rights of others for national prowess +and glory. The former are constantly agitating for some change in the +organic law, or urging new and untried theories of human rights. The latter +are ever ready to engage in any wild crusade against a neighboring people, +regardless of the justice of the enterprise and without looking at the +fatal consequences to ourselves and to the cause of popular government. +Such expeditions, however, are often stimulated by mercenary individuals, +who expect to share the plunder or profit of the enterprise without +exposing themselves to danger, and are led on by some irresponsible +foreigner, who abuses the hospitality of our own Government by seducing the +young and ignorant to join in his scheme of personal ambition or revenge +under the false and delusive pretense of extending the area of freedom. +These reprehensible aggressions but retard the true progress of our nation +and tarnish its fair fame. They should therefore receive the indignant +frowns of every good citizen who sincerely loves his country and takes a +pride in its prosperity and honor. Our Constitution, though not perfect, is +doubtless the best that ever was formed. Therefore let every proposition to +change it be well weighed and, if found beneficial, cautiously adopted. +Every patriot will rejoice to see its authority so exerted as to advance +the prosperity and honor of the nation, whilst he will watch with jealousy +any attempt to mutilate this charter of our liberties or pervert its powers +to acts of aggression or injustice. Thus shall conservatism and progress +blend their harmonious action in preserving the form and spirit of the +Constitution and at the same time carry forward the great improvements of +the country with a rapidity and energy which freemen only can display. + +In closing this my last annual communication, permit me, fellow-citizens, +to congratulate you on the prosperous condition of our beloved country. +Abroad its relations with all foreign powers are friendly, its rights are +respected, and its high place in the family of nations cheerfully +recognized. At home we enjoy an amount of happiness, public and private, +which has probably never fallen to the lot of any other people. Besides +affording to our own citizens a degree of prosperity of which on so large a +scale I know of no other instance, our country is annually affording a +refuge and a home to multitudes, altogether without example, from the Old +World. + +We owe these blessings, under Heaven, to the happy Constitution and +Government which were bequeathed to us by our fathers, and which it is our +sacred duty to transmit in all their integrity to our children. We must all +consider it a great distinction and privilege to have been chosen by the +people to bear a part in the administration of such a Government. Called by +an unexpected dispensation to its highest trust at a season of +embarrassment and alarm, I entered upon its arduous duties with extreme +diffidence. I claim only to have discharged them to the best of an humble +ability, with a single eye to the public good, and it is with devout +gratitude in retiring from office that I leave the country in a state of +peace and prosperity. + + + + + + + + + + +End of Project Gutenberg's State of the Union Addresses, by Millard Fillmore + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5021.txt or 5021.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/2/5021/ + +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 Millard Fillmore + +Author: Millard Fillmore + +Release Date: February, 2004 [EBook #5021] +[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 MILLARD FILLMORE *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by Millard Fillmore in this eBook: + December 2, 1850 + December 2, 1851 + December 6, 1852 + + + +*** + +State of the Union Address +Millard Fillmore +December 2, 1850 + +Fellow-Citizens of the Senate and of the House of Representatives: + +Being suddenly called in the midst of the last session of Congress by a +painful dispensation of Divine Providence to the responsible station which +I now hold, I contented myself with such communications to the Legislature +as the exigency of the moment seemed to require. The country was shrouded +in mourning for the loss of its venerable Chief Magistrate and all hearts +were penetrated with grief. Neither the time nor the occasion appeared to +require or to justify on my part any general expression of political +opinions or any announcement of the principles which would govern me in the +discharge of the duties to the performance of which I had been so +unexpectedly called. I trust, therefore, that it may not be deemed +inappropriate if I avail myself of this opportunity of the reassembling of +Congress to make known my sentiments in a general manner in regard to the +policy which ought to be pursued by the Government both in its intercourse +with foreign nations and its management and administration of internal +affairs. + +Nations, like individuals in a state of nature, are equal and independent, +possessing certain rights and owing certain duties to each other, arising +from their necessary and unavoidable relations; which rights and duties +there is no common human authority to protect and enforce. Still, they are +rights and duties, binding in morals, in conscience, and in honor, although +there is no tribunal to which an injured party can appeal but the +disinterested judgment of mankind, and ultimately the arbitrament of the +sword. + +Among the acknowledged rights of nations is that which each possesses of +establishing that form of government which it may deem most conducive to +the happiness and prosperity of its own citizens, of changing that form as +circumstances may require, and of managing its internal affairs according +to its own will. The people of the United States claim this right for +themselves, and they readily concede it to others. Hence it becomes an +imperative duty not to interfere in the government or internal policy of +other nations; and although we may sympathize with the unfortunate or the +oppressed everywhere in their struggles for freedom, our principles forbid +us from taking any part in such foreign contests. We make no wars to +promote or to prevent successions to thrones, to maintain any theory of a +balance of power, or to suppress the actual government which any country +chooses to establish for itself. We instigate no revolutions, nor suffer +any hostile military expeditions to be fitted out in the United States to +invade the territory or provinces of a friendly nation. The great law of +morality ought to have a national as well as a personal and individual +application. We should act toward other nations as we wish them to act +toward us, and justice and conscience should form the rule of conduct +between governments, instead of mere power, self interest, or the desire of +aggrandizement. To maintain a strict neutrality in foreign wars, to +cultivate friendly relations, to reciprocate every noble and generous act, +and to perform punctually and scrupulously every treaty obligation--these +are the duties which we owe to other states, and by the performance of +which we best entitle ourselves to like treatment from them; or, if that, +in any case, be refused, we can enforce our own rights with justice and a +clear conscience. + +In our domestic policy the Constitution will be my guide, and in questions +of doubt I shall look for its interpretation to the judicial decisions of +that tribunal which was established to expound it and to the usage of the +Government, sanctioned by the acquiescence of the country. I regard all its +provisions as equally binding. In all its parts it is the will of the +people expressed in the most solemn form, and the constituted authorities +are but agents to carry that will into effect. Every power which it has +granted is to be exercised for the public good; but no pretense of utility, +no honest conviction, even, of what might be expedient, can justify the +assumption of any power not granted. The powers conferred upon the +Government and their distribution to the several departments are as clearly +expressed in that sacred instrument as the imperfection of human language +will allow, and I deem it my first duty not to question its wisdom, add to +its provisions, evade its requirements, or nullify its commands. + +Upon you, fellow-citizens, as the representatives of the States and the +people, is wisely devolved the legislative power. I shall comply with my +duty in laying before you from time to time any information calculated to +enable you to discharge your high and responsible trust for the benefit of +our common constituents. + +My opinions will be frankly expressed upon the leading subjects of +legislation; and if--which I do not anticipate--any act should pass the two +Houses of Congress which should appear to me unconstitutional, or an +encroachment on the just powers of other departments, or with provisions +hastily adopted and likely to produce consequences injurious and +unforeseen, I should not shrink from the duty of returning it to you, with +my reasons, for your further consideration. Beyond the due performance of +these constitutional obligations, both my respect for the Legislature and +my sense of propriety will restrain me from any attempt to control or +influence your proceedings. With you is the power, the honor, and the +responsibility of the legislation of the country. + +The Government of the United States is a limited Government. It is confined +to the exercise of powers expressly granted and such others as may be +necessary for carrying those powers into effect; and it is at all times an +especial duty to guard against any infringement on the just rights of the +States. Over the objects and subjects intrusted to Congress its legislative +authority is supreme. But here that authority ceases, and every citizen who +truly loves the Constitution and desires the continuance of its existence +and its blessings will resolutely and firmly resist any interference in +those domestic affairs which the Constitution has dearly and unequivocally +left to the exclusive authority of the States. And every such citizen will +also deprecate useless irritation among the several members of the Union +and all reproach and crimination tending to alienate one portion of the +country from another. The beauty of our system of government consists, and +its safety and durability must consist, in avoiding mutual collisions and +encroachments and in the regular separate action of all, while each is +revolving in its own distinct orbit. + +The Constitution has made it the duty of the President to take care that +the laws be faithfully executed. In a government like ours, in which all +laws are passed by a majority of the representatives of the people, and +these representatives are chosen for such short periods that any injurious +or obnoxious law can very soon be repealed, it would appear unlikely that +any great numbers should be found ready to resist the execution of the +laws. But it must be borne in mind that the country is extensive; that +there may be local interests or prejudices rendering a law odious in one +part which is not so in another, and that the thoughtless and +inconsiderate, misled by their passions or their imaginations, may be +induced madly to resist such laws as they disapprove. Such persons should +recollect that without law there can be no real practical liberty; that +when law is trampled under foot tyranny rules, whether it appears in the +form of a military despotism or of popular violence. The law is the only +sure protection of the weak and the only efficient restraint upon the +strong. When impartially and faithfully administered, none is beneath its +protection and none above its control. You, gentlemen, and the country may +be assured that to the utmost of my ability and to the extent of the power +vested in me I shall at all times and in all places take care that the laws +be faithfully executed. In the discharge of this duty, solemnly imposed +upon me by the Constitution and by my oath of office, I shall shrink from +no responsibility, and shall endeavor to meet events as they may arise with +firmness, as well as with prudence and discretion. + +The appointing power is one of the most delicate with which the Executive +is invested. I regard it as a sacred trust, to be exercised with the sole +view of advancing the prosperity and happiness of the people. It shall be +my effort to elevate the standard of official employment by selecting for +places of importance individuals fitted for the posts to which they are +assigned by their known integrity, talents, and virtues. In so extensive a +country, with so great a population, and where few persons appointed to +office can be known to the appointing power, mistakes will sometimes +unavoidably happen and unfortunate appointments be made notwithstanding the +greatest care. In such cases the power of removal may be properly +exercised; and neglect of duty or malfeasance in office will be no more +tolerated in individuals appointed by myself than in those appointed by +others. I am happy in being able to say that no unfavorable change in our +foreign relations has taken place since the message at the opening of the + +last session of Congress. We are at peace with all nations and we enjoy in +an eminent degree the blessings of that peace in a prosperous and growing +commerce and in all the forms of amicable national intercourse. The +unexampled growth of the country, the present amount of its population, and +its ample means of self-protection assure for it the respect of all +nations, while it is trusted that its character for justice and a regard to +the rights of other States will cause that respect to be readily and +cheerfully paid. + +A convention was negotiated between the United States and Great Britain in +April last for facilitating and protecting the construction of a ship canal +between the Atlantic and Pacific oceans and for other purposes. The +instrument has since been ratified by the contracting parties, the exchange +of ratifications has been effected, and proclamation thereof has been duly +made. + +In addition to the stipulations contained in this convention, two other +objects remain to be accomplished between the contracting powers: First. +The designation and establishment of a free port at each end of the canal. + +Second. An agreement fixing the distance from the shore within which +belligerent maritime operations shall not be carried on. On these points +there is little doubt that the two Governments will come to an +understanding. + +The company of citizens of the United States who have acquired from the +State of Nicaragua the privilege of constructing a ship canal between the +two oceans through the territory of that State have made progress in their +preliminary arrangements. The treaty between the United States and Great +Britain of the 19th of April last, above referred to, being now in +operation, it is to be hoped that the guaranties which it offers will be +sufficient to secure the completion of the work with all practicable +expedition. It is obvious that this result would be indefinitely postponed +if any other than peaceful measures for the purpose of harmonizing +conflicting claims to territory in that quarter should be adopted. It will +consequently be my endeavor to cause any further negotiations on the part +of this Government which may be requisite for this purpose to be so +conducted as to bring them to a speedy and successful close. + +Some unavoidable delay has occurred, arising from distance and the +difficulty of intercourse between this Government and that of Nicaragua, +but as intelligence has just been received of the appointment of an envoy +extraordinary and minister plenipotentiary of that Government to reside at +Washington, whose arrival may soon be expected, it is hoped that no further +impediments will be experienced in the prompt transaction of business +between the two Governments. + +Citizens of the United States have undertaken the connection of the two +oceans by means of a railroad across the Isthmus of Tehuantepec, under +grants of the Mexican Government to a citizen of that Republic. It is +understood that a thorough survey of the course of the communication is in +preparation, and there is every reason to expect that it will be prosecuted +with characteristic energy, especially when that Government shall have +consented to such stipulations with the Government of the United States as +may be necessary to impart a feeling of security to those who may embark +their property in the enterprise. Negotiations are pending for the +accomplishment of that object, and a hope is confidently entertained that +when the Government of Mexico shall become duly sensible of the advantages +which that country can not fail to derive from the work, and learn that the +Government of the United States desires that the right of sovereignty of +Mexico in the Isthmus shall remain unimpaired, the stipulations referred to +will be agreed to with alacrity. + +By the last advices from Mexico it would appear, however, that that +Government entertains strong objections to some of the stipulations which +the parties concerned in the project of the railroad deem necessary for +their protection and security. Further consideration, it is to be hoped, or +some modification of terms, may yet reconcile the differences existing +between the two Governments in this respect. + +Fresh instructions have recently been given to the minister of the United +States in Mexico, who is prosecuting the subject with promptitude and +ability. + +Although the negotiations with Portugal for the payment of claims of +citizens of the United States against that Government have not yet resulted +in a formal treaty, yet a proposition, made by the Government of Portugal +for the final adjustment and payment of those claims, has recently been +accepted on the part of the United States. It gives me pleasure to say that +Mr. Clay, to whom the negotiation on the part of the United States had been +intrusted, discharged the duties of his appointment with ability and +discretion, acting always within the instructions of his Government. + +It is expected that a regular convention will be immediately negotiated for +carrying the agreement between the two Governments into effect. The +commissioner appointed under the act of Congress for carrying into effect +the convention with Brazil of the 27th of January, 1849, has entered upon +the performance of the duties imposed upon him by that act. It is hoped +that those duties may be completed within the time which it prescribes. The +documents, however, which the Imperial Government, by the third article of +the convention, stipulates to furnish to the Government of the United +States have not yet been received. As it is presumed that those documents +will be essential for the correct disposition of the claims, it may become +necessary for Congress to extend the period limited for the duration of the +commission. The sum stipulated by the fourth article of the convention to +be paid to this Government has been received. + +The collection in the ports of the United States of discriminating duties +upon the vessels of Chili and their cargoes has been suspended, pursuant to +the provisions of the act of Congress of the 24th of May, 1828. It is to be +hoped that this measure will impart a fresh impulse to the commerce between +the two countries, which of late, and especially since our acquisition of +California, has, to the mutual advantage of the parties, been much +augmented. + +Peruvian guano has become so desirable an article to the agricultural +interest of the United States that it is the duty of the Government to +employ all the means properly in its power for the purpose of causing that +article to be imported into the country at a reasonable price. Nothing will +be omitted on my part toward accomplishing this desirable end. I am +persuaded that in removing any restraints on this traffic the Peruvian +Government will promote its own best interests, while it will afford a +proof of a friendly disposition toward this country, which will be duly +appreciated. + +The treaty between the United States and His Majesty the King of the +Hawaiian Islands, which has recently been made public, will, it is +believed, have a beneficial effect upon the relations between the two +countries. + +The relations between those parts of the island of St. Domingo which were +formerly colonies of Spain and France, respectively, are still in an +unsettled condition. The proximity of that island to the United States and +the delicate questions involved in the existing controversy there render it +desirable that it should be permanently and speedily adjusted. The +interests of humanity and of general commerce also demand this; and as +intimations of the same sentiment have been received from other +governments, it is hoped that some plan may soon be devised to effect the +object in a manner likely to give general satisfaction. The Government of +the United States will not fail, by the exercise of all proper friendly +offices, to do all in its power to put an end to the destructive war which +has raged between the different parts of the island and to secure to them +both the benefits of peace and commerce. + +I refer you to the report of the Secretary of the Treasury for a detailed +statement of the finances. + +The total receipts into the Treasury for the year ending 30th of June last +were $47,421,748.90. The total expenditures during the same period were +$43,002,168.90. The public debt has been reduced since the last annual +report from the Treasury Department $495,276.79. + +By the nineteenth section of the act of 28th January, 1847, the proceeds of +the sales of the public lands were pledged for the interest and principal +of the public debt. The great amount of those lands subsequently granted by +Congress for military bounties will, it is believed, very nearly supply the +public demand for several years to come, and but little reliance can, +therefore, be placed on that hitherto fruitful source of revenue. Aside +from the permanent annual expenditures, which have necessarily largely +increased, a portion of the public debt, amounting to $8,075,986.59, must +be provided for within the next two fiscal years. It is most desirable that +these accruing demands should be met without resorting to new loans. + +All experience has demonstrated the wisdom and policy of raising a large +portion of revenue for the support of Government from duties on goods +imported. The power to lay these duties is unquestionable, and its chief +object, of course, is to replenish the Treasury. But if in doing this an +incidental advantage may be gained by encouraging the industry of our own +citizens, it is our duty to avail ourselves of that advantage. + +A duty laid upon an article which can not be produced in this country, such +as tea or coffee, adds to the cost of the article, and is chiefly or wholly +paid by the consumer. But a duty laid upon an article which may be produced +here stimulates the skill and industry of our own country to produce the +same article, which is brought into the market in competition with the +foreign article, and the importer is thus compelled to reduce his price to +that at which the domestic article can be sold, thereby throwing a part of +the duty upon the producer of the foreign article. The continuance of this +process creates the skill and invites the capital which finally enable us +to produce the article much cheaper than it could have been procured from +abroad, thereby benefiting both the producer and the consumer at home. The +consequence of this is that the artisan and the agriculturist are brought +together, each affords a ready market for the produce of the other, the +whole country becomes prosperous, and the ability to produce every +necessary of life renders us independent in war as well as in peace. + +A high tariff can never be permanent. It will cause dissatisfaction, and +will be changed. It excludes competition, and thereby invites the +investment of capital in manufactures to such excess that when changed it +brings distress, bankruptcy, and ruin upon all who have been misled by its +faithless protection. What the manufacturer wants is uniformity and +permanency, that he may feel a confidence that he is not to be ruined by +sudden exchanges. But to make a tariff uniform and permanent it is not only +necessary that the laws should not be altered, but that the duty should not +fluctuate. To effect this all duties should be specific wherever the nature +of the article is such as to admit of it. Ad valorem duties fluctuate with +the price and offer strong temptations to fraud and perjury. Specific +duties, on the contrary, are equal and uniform in all ports and at all +times, and offer a strong inducement to the importer to bring the best +article, as he pays no more duty upon that than upon one of inferior +quality. I therefore strongly recommend a modification of the present +tariff, which has prostrated some of our most important and necessary +manufactures, and that specific duties be imposed sufficient to raise the +requisite revenue, making such discriminations in favor of the industrial +pursuits of our own country as to encourage home production without +excluding foreign competition. It is also important that an unfortunate +provision in the present tariff, which imposes a much higher duty upon the +raw material that enters into our manufactures than upon the manufactured +article, should be remedied. + +The papers accompanying the report of the Secretary of the Treasury will +disclose frauds attempted upon the revenue, in variety and amount so great +as to justify the conclusion that it is impossible under any system of ad +valorem duties levied upon the foreign cost or value of the article to +secure an honest observance and an effectual administration of the laws. +The fraudulent devices to evade the law which have been detected by the +vigilance of the appraisers leave no room to doubt that similar impositions +not discovered, to a large amount, have been successfully practiced since +the enactment of the law now in force. This state of things has already had +a prejudicial influence upon those engaged in foreign commerce. It has a +tendency to drive the honest trader from the business of importing and to +throw that important branch of employment into the hands of unscrupulous +and dishonest men, who are alike regardless of law and the obligations of +an oath. By these means the plain intentions of Congress, as expressed in +the law, are daily defeated. Every motive of policy and duty, therefore, +impels me to ask the earnest attention of Congress to this subject. If +Congress should deem it unwise to attempt any important changes in the +system of levying duties at this session, it will become indispensable to +the protection of the revenue that such remedies as in the judgment of +Congress may mitigate the evils complained of should be at once applied. + +As before stated, specific duties would, in my opinion, afford the most +perfect remedy for this evil; but if you should not concur in this view, +then, as a partial remedy, I beg leave respectfully to recommend that +instead of taking the invoice of the article abroad as a means of +determining its value here, the correctness of which invoice it is in many +cases impossible to verify, the law be so changed as to require a home +valuation or appraisal, to be regulated in such manner as to give, as far +as practicable, uniformity in the several ports. + +There being no mint in California, I am informed that the laborers in the +mines are compelled to dispose of their gold dust at a large discount. This +appears to me to be a heavy and unjust tax upon the labor of those employed +in extracting this precious metal, and I doubt not you will be disposed at +the earliest period possible to relieve them from it by the establishment +of a mint. In the meantime, as an assayer's office is established there, I +would respectfully submit for your consideration the propriety of +authorizing gold bullion which has been assayed and stamped to be received +in payment of Government dues. I can not conceive that the Treasury would +suffer any loss by such a provision, which will at once raise bullion to +its par value, and thereby save (if I am rightly informed) many millions of +dollars to the laborers which are now paid in brokerage to convert this +precious metal into available funds. This discount upon their hard earnings +is a heavy tax, and every effort should be made by the Government to +relieve them from so great a burden. + +More than three-fourths of our population are engaged in the cultivation of +the soil. The commercial, manufacturing, and navigating interests are all +to a great extent dependent on the agricultural. It is therefore the most +important interest of the nation, and has a just claim to the fostering +care and protection of the Government so far as they can be extended +consistently with the provisions of the Constitution. As this can not be +done by the ordinary modes of legislation, I respectfully recommend the +establishment of an agricultural bureau, to be charged with the duty of +giving to this leading branch of American industry the encouragement which +it so well deserves. In view of the immense mineral resources of our +country, provision should also be made for the employment of a competent +mineralogist and chemist, who should be required, under the direction of +the head of the bureau, to collect specimens of the various minerals of our +country and to ascertain by careful analysis their respective elements and +properties and their adaptation to useful purposes. He should also be +required to examine and report upon the qualities of different soils and +the manures best calculated to improve their productiveness. By publishing +the results of such experiments, with suitable explanations, and by the +collection and distribution of rare seeds and plants, with instructions as +to the best system of cultivation, much may be done to promote this great +national interest. + +In compliance with the act of Congress passed on the 23d of May, 1850, +providing, among other things, for taking the Seventh Census, a +superintendent was appointed and all other measures adopted which were +deemed necessary to insure the prompt and faithful performance of that +duty. The appropriation already made will, it is believed, be sufficient to +defray the whole expense of the work, but further legislation may be +necessary in regard to the compensation of some of the marshals of the +Territories. It will also be proper to make provision by law at an early +day for the publication of such abstracts of the returns as the public +interests may require. + +The unprecedented growth of our territories on the Pacific in wealth and +population and the consequent increase of their social and commercial +relations with the Atlantic States seem to render it the duty of the +Government to use all its constitutional power to improve the means of +intercourse with them. The importance of opening "a line of communication, +the best and most expeditious of which the nature of the country will +admit," between the Valley of the Mississippi and the Pacific was brought +to your notice by my predecessor in his annual message; and as the reasons +which he presented in favor of the measure still exist in full force, I beg +leave to call your attention to them and to repeat the recommendations then +made by him. + +The uncertainty which exists in regard to the validity of land titles in +California is a subject which demands your early consideration. Large +bodies of land in that State are claimed under grants said to have been +made by authority of the Spanish and Mexican Governments. Many of these +have not been perfected, others have been revoked, and some are believed to +be fraudulent. But until they shall have been judicially investigated they +will continue to retard the settlement and improvement of the country. I +therefore respectfully recommend that provision be made by law for the +appointment of commissioners to examine all such claims with a view to +their final adjustment. + +I also beg leave to call your attention to the propriety of extending at an +early day our system of land laws, with such modifications as may be +necessary, over the State of California and the Territories of Utah and New +Mexico. The mineral lands of California will, of course, form an exception +to any general system which may be adopted. Various methods of disposing of +them have been suggested. I was at first inclined to favor the system of +leasing, as it seemed to promise the largest revenue to the Government and +to afford the best security against monopolies; but further reflection and +our experience in leasing the lead mines and selling lands upon credit have +brought my mind to the conclusion that there would be great difficulty in +collecting the rents, and that the relation of debtor and creditor between +the citizens and the Government would be attended with many mischievous +consequences. I therefore recommend that instead of retaining the mineral +lands under the permanent control of the Government they be divided into +small parcels and sold, under such restrictions as to quantity and time as +will insure the best price and guard most effectually against combinations +of capitalists to obtain monopolies. + +The annexation of Texas and the acquisition of California and New Mexico +have given increased importance to our Indian relations. The various tribes +brought under our jurisdiction by these enlargements of our boundaries are +estimated to embrace a population of 124,000. Texas and New Mexico are +surrounded by powerful tribes of Indians, who are a source of constant +terror and annoyance to the inhabitants. Separating into small predatory +bands, and always mounted, they overrun the country, devastating farms, +destroying crops, driving off whole herds of cattle, and occasionally +murdering the inhabitants or carrying them into captivity. The great roads +leading into the country are infested with them, whereby traveling is +rendered extremely dangerous and immigration is almost entirely arrested. +The Mexican frontier, which by the eleventh article of the treaty of +Guadalupe Hidalgo we are bound to protect against the Indians within our +border, is exposed to these incursions equally with our own. The military +force stationed in that country, although forming a large proportion of the +Army, is represented as entirely inadequate to our own protection and the +fulfillment of our treaty stipulations with Mexico. The principal +deficiency is in cavalry, and I recommend that Congress should, at as early +a period as practicable, provide for the raising of one or more regiments +of mounted men. + +For further suggestions on this subject and others connected with our +domestic interests and the defense of our frontier, I refer you to the +reports of the Secretary of the Interior and of the Secretary of War. + +I commend also to your favorable consideration the suggestion contained in +the last-mentioned report and in the letter of the General in Chief +relative to the establishment of an asylum for the relief of disabled and +destitute soldiers. This subject appeals so strongly to your sympathies +that it would be superfluous in me to say anything more than barely to +express my cordial approbation of the proposed object. + +The Navy continues to give protection to our commerce and other national +interests in the different quarters of the globe, and, with the exception +of a single steamer on the Northern lakes, the vessels in commission are +distributed in six different squadrons. + +The report of the head of that Department will exhibit the services of +these squadrons and of the several vessels employed in each during the past +year. It is a source of gratification that, while they have been constantly +prepared for any hostile emergency, they have everywhere met with the +respect and courtesy due as well to the dignity as to the peaceful +dispositions and just purposes of the nation. + +The two brigantines accepted by the Government from a generous citizen of +New York and placed under the command of an officer of the Navy to proceed +to the Arctic Seas in quest of the British commander Sir John Franklin and +his companions, in compliance with the act of Congress approved in May +last, had when last heard from penetrated into a high northern latitude; +but the success of this noble and humane enterprise is yet uncertain. + +I invite your attention to the view of our present naval establishment and +resources presented in the report of the Secretary of the Navy, and the +suggestions therein made for its improvement, together with the naval +policy recommended for the security of our Pacific Coast and the protection +and extension of our commerce with eastern Asia. Our facilities for a +larger participation in the trade of the East, by means of our recent +settlements on the shores of the Pacific, are too obvious to be overlooked +or disregarded. + +The questions in relation to rank in the Army and Navy and relative rank +between officers of the two branches of the service, presented to the +Executive by certain resolutions of the House of Representatives at the +last session of Congress, have been submitted to a board of officers in +each branch of the service, and their report may be expected at an early +day. + +I also earnestly recommend the enactment of a law authorizing officers of +the Army and Navy to be retired from the service when incompetent for its +vigorous and active duties, taking care to make suitable provision for +those who have faithfully served their country and awarding distinctions by +retaining in appropriate commands those who have been particularly +conspicuous for gallantry and good conduct. While the obligation of the +country to maintain and honor those who, to the exclusion of other +pursuits, have devoted themselves to its arduous service is acknowledged, +this obligation should not be permitted to interfere with the efficiency of +the service itself. + +I am gratified in being able to state that the estimates of expenditure for +the Navy in the ensuing year are less by more than $1,000,000 than those of +the present, excepting the appropriation which may become necessary for the +construction of a dock on the coast of the Pacific, propositions for which +are now being considered and on which a special report may be expected +early in your present session. + +There is an evident justness in the suggestion of the same report that +appropriations for the naval service proper should be separated from those +for fixed and permanent objects, such as building docks and navy yards and +the fixtures attached, and from the extraordinary objects under the care of +the Department which, however important, are not essentially naval. + +A revision of the code for the government of the Navy seems to require the +immediate consideration of Congress. Its system of crimes and punishments +had undergone no change for half a century until the last session, though +its defects have been often and ably pointed out; and the abolition of a +particular species of corporal punishment, which then took place, without +providing any substitute, has left the service in a state of defectiveness +which calls for prompt correction. I therefore recommend that the whole +subject be revised without delay and such a system established for the +enforcement of discipline as shall be at once humane and effectual. + +The accompanying report of the Postmaster-General presents a satisfactory +view of the operations and condition of that Department. At the close of +the last fiscal year the length of the inland mail routes in the United +States (not embracing the service in Oregon and California) was 178,672 +miles, the annual transportation thereon 46,541,423 miles, and the annual +cost of such transportation $2,724,426. The increase of the annual +transportation over that of the preceding year was 3,997,354 miles and the +increase in cost was $342,440. The number of post-offices in the United +States on the 1st day of July last was 18,417, being an increase of 1,670 +during the preceding year. + +The gross revenues of the Department for the fiscal year ending June 30, +1850, amounted to $5,552,971.48, including the annual appropriation of +$200,000 for the franked matter of the Departments and excluding the +foreign postages collected for and payable to the British Government. + +The expenditures for the same period were $5,212,953.43, leaving a balance +of revenue over expenditures of $340,018.05. + +I am happy to find that the fiscal condition of the Department is such as +to justify the Postmaster-General in recommending the reduction of our +inland letter postage to 3 cents the single letter when prepaid and 5 cents +when not prepaid. He also recommends that the prepaid rate shall be reduced +to 2 cents whenever the revenues of the Department, after the reduction, +shall exceed its expenditures by more than 5 per cent for two consecutive +years; that the postage upon California and other letters sent by our ocean +steamers shall be much reduced, and that the rates of postage on +newspapers, pamphlets, periodicals, and other printed matter shall be +modified and some reduction thereon made. + +It can not be doubted that the proposed reductions will for the present +diminish the revenues of the Department. It is believed that the +deficiency, after the surplus already accumulated shall be exhausted, may +be almost wholly met either by abolishing the existing privileges of +sending free matter through the mails or by paying out of the Treasury to +the Post-Office Department a sum equivalent to the postage of which it is +deprived by such privileges. The last is supposed to be the preferable +mode, and will, if not entirely, so nearly supply that deficiency as to +make any further appropriation that may be found necessary so +inconsiderable as to form no obstacle to the proposed reductions. + +I entertain no doubt of the authority of Congress to make appropriations +for leading objects in that class of public works comprising what are +usually called works of internal improvement. This authority I suppose to +be derived chiefly from the power of regulating commerce with foreign +nations and among the States and the power of laying and collecting +imposts. Where commerce is to be carried on and imposts collected there +must be ports and harbors as well as wharves and custom-houses. If ships +laden with valuable cargoes approach the shore or sail along the coast, +light-houses are necessary at suitable points for the protection of life +and property. Other facilities and securities for commerce and navigation +are hardly less important; and those clauses of the Constitution, +therefore, to which I have referred have received from the origin of the +Government a liberal and beneficial construction. Not only have +light-houses, buoys, and beacons been established and floating lights +maintained, but harbors have been cleared and improved, piers constructed, +and even breakwaters for the safety of shipping and sea walls to protect +harbors from being filled up and rendered useless by the action of the +ocean, have been erected at very great expense. And this construction of +the Constitution appears the more reasonable from the consideration that if +these works, of such evident importance and utility, are not to be +accomplished by Congress they can not be accomplished at all. By the +adoption of the Constitution the several States voluntarily parted with the +power of collecting duties of imposts in their own ports, and it is not to +be expected that they should raise money by internal taxation, direct or +indirect, for the benefit of that commerce the revenues derived from which +do not, either in whole or in part, go into their own treasuries. Nor do I +perceive any difference between the power of Congress to make +appropriations for objects of this kind on the ocean and the power to make +appropriations for similar objects on lakes and rivers, wherever they are +large enough to bear on their waters an extensive traffic. The magnificent +Mississippi and its tributaries and the vast lakes of the North and +Northwest appear to me to fall within the exercise of the power as justly +and as clearly as the ocean and the Gulf of Mexico. It is a mistake to +regard expenditures judiciously made for these objects as expenditures for +local purposes. The position or sight of the work is necessarily local, but +its utility is general. A ship canal around the Falls of St. Mary of less +than a mile in length, though local in its construction, would yet be +national in its purpose and its benefits, as it would remove the only +obstruction to a navigation of more than 1,000 miles, affecting several +States, as well as our commercial relations with Canada. So, too, the +breakwater at the mouth of the Delaware is erected, not for the exclusive +benefit of the States bordering on the bay and river of that name, but for +that of the whole coastwise navigation of the United States and, to a +considerable extent, also of foreign commerce. If a ship be lost on the bar +at the entrance of a Southern port for want of sufficient depth of water, +it is very likely to be a Northern ship; and if a steamboat be sunk in any +part of the Mississippi on account of its channel not having been properly +cleared of obstructions, it may be a boat belonging to either of eight or +ten States. I may add, as somewhat remarkable, that among all the +thirty-one States there is none that is not to a greater or less extent +bounded on the ocean, or the Gulf of Mexico, or one of the Great Lakes, or +some navigable river. + +In fulfilling our constitutional duties, fellow-citizens, on this subject, +as in carrying into effect all other powers conferred by the Constitution, +we should consider ourselves as deliberating and acting for one and the +same country, and bear constantly in mind that our regard and our duty are +due not to a particular part only, but to the whole. + +I therefore recommend that appropriations be made for completing such works +as have been already begun and for commencing such others as may seem to +the wisdom of Congress to be of public and general importance. + +The difficulties and delays incident to the settlement of private claims by +Congress amount in many cases to a denial of justice. There is reason to +apprehend that many unfortunate creditors of the Government have thereby +been unavoidably ruined. Congress has so much business of a public +character that it is impossible it should give much attention to mere +private claims, and their accumulation is now so great that many claimants +must despair of ever being able to obtain a hearing. It may well be doubted +whether Congress, from the nature of its organization, is properly +constituted to decide upon such cases. It is impossible that each member +should examine the merits of every claim on which he is compelled to vote, +and it is preposterous to ask a judge to decide a case which he has never +heard. Such decisions may, and frequently must, do injustice either to the +claimant or the Government, and I perceive no better remedy for this +growing evil than the establishment of some tribunal to adjudicate upon +such claims. I beg leave, therefore, most respectfully to recommend that +provision be made by law for the appointment of a commission to settle all +private claims against the United States; and as an ex parte hearing must +in all contested cases be very unsatisfactory, I also recommend the +appointment of a solicitor, whose duty it shall be to represent the +Government before such commission and protect it against all illegal, +fraudulent, or unjust claims which may be presented for their adjudication. +This District, which has neither voice nor vote in your deliberations, +looks to you for protection and aid, and I commend all its wants to your +favorable consideration, with a full confidence that you will meet them not +only with justice, but with liberality. It should be borne in mind that in +this city, laid out by Washington and consecrated by his name, is located +the Capitol of our nation, the emblem of our Union and the symbol of our +greatness. Here also are situated all the public buildings necessary for +the use of the Government, and all these are exempt from taxation. It +should be the pride of Americans to render this place attractive to the +people of the whole Republic and convenient and safe for the transaction of +the public business and the preservation of the public records. The +Government should therefore bear a liberal proportion of the burdens of all +necessary and useful improvements. And as nothing could contribute more to +the health, comfort, and safety of the city and the security of the public +buildings and records than an abundant supply of pure water, I respectfully +recommend that you make such provisions for obtaining the same as in your +wisdom you may deem proper. + +The act, passed at your last session, making certain propositions to Texas +for settling the disputed boundary between that State and the Territory of +New Mexico was, immediately on its passage, transmitted by express to the +governor of Texas, to be laid by him before the general assembly for its +agreement thereto. Its receipt was duly acknowledged, but no official +information has yet been received of the action of the general assembly +thereon. It may, however, be very soon expected, as, by the terms of the +propositions submitted they were to have been acted upon on or before the +first day of the present month. + +It was hardly to have been expected that the series of measures passed at +your last session with the view of healing the sectional differences which +had sprung from the slavery and territorial questions should at once have +realized their beneficent purpose. All mutual concession in the nature of a +compromise must necessarily be unwelcome to men of extreme opinions. And +though without such concessions our Constitution could not have been +formed, and can not be permanently sustained, yet we have seen them made +the subject of bitter controversy in both sections of the Republic. It +required many months of discussion and deliberation to secure the +concurrence of a majority of Congress in their favor. It would be strange +if they had been received with immediate approbation by people and States +prejudiced and heated by the exciting controversies of their +representatives. I believe those measures to have been required by the +circumstances and condition of the country. I believe they were necessary +to allay asperities and animosities that were rapidly alienating one +section of the country from another and destroying those fraternal +sentiments which are the strongest supports of the Constitution. They were +adopted in the spirit of conciliation and for the purpose of conciliation. +I believe that a great majority of our fellow citizens sympathize in that +spirit and that purpose, and in the main approve and are prepared in all +respects to sustain these enactments. I can not doubt that the American +people, bound together by kindred blood and common traditions, still +cherish a paramount regard for the Union of their fathers, and that they +are ready to rebuke any attempt to violate its integrity, to disturb the +compromises on which it is based, or to resist the laws which have been +enacted under its authority. + +The series of measures to which I have alluded are regarded by me as a +settlement in principle and substance--a final settlement of the dangerous +and exciting subjects which they embraced. Most of these subjects, indeed, +are beyond your reach, as the legislation which disposed of them was in its +character final and irrevocable. It may be presumed from the opposition +which they all encountered that none of those measures was free from +imperfections, but in their mutual dependence and connection they formed a +system of compromise the most conciliatory and best for the entire country +that could be obtained from conflicting sectional interests and opinions. + +For this reason I recommend your adherence to the adjustment established by +those measures until time and experience shall demonstrate the necessity of +further legislation to guard against evasion or abuse. + +By that adjustment we have been rescued from the wide and boundless +agitation that surrounded us, and have a firm, distinct, and legal ground +to rest upon. And the occasion, I trust, will justify me in exhorting my +countrymen to rally upon and maintain that ground as the best, if not the +only, means of restoring peace and quiet to the country and maintaining +inviolate the integrity of the Union. + +And now, fellow-citizens, I can not bring this communication to a close +without invoking you to join me in humble and devout thanks to the Great +Ruler of Nations for the multiplied blessings which He has graciously +bestowed upon us. His hand, so often visible in our preservation, has +stayed the pestilence, saved us from foreign wars and domestic +disturbances, and scattered plenty throughout the land. + +Our liberties, religions and civil, have been maintained, the fountains of +knowledge have all been kept open, and means of happiness widely spread and +generally enjoyed greater than have fallen to the lot of any other nation. +And while deeply penetrated with gratitude for the past, let us hope that +His all-wise providence will so guide our counsels as that they shall +result in giving satisfaction to our constituents, securing the peace of +the country, and adding new strength to the united Government under which +we live. + +*** + +State of the Union Address +Millard Fillmore +December 2, 1851 + +Fellow-Citizens of the Senate and of the House of Representatives: + +I congratulate you and our common constituency upon the favorable auspices +under which you meet for your first session. Our country is at peace with +all the world. The agitation which for a time threatened to disturb the +fraternal relations which make us one people is fast subsiding, and a year +of general prosperity and health has crowned the nation with unusual +blessings. None can look back to the dangers which are passed or forward to +the bright prospect before us without feeling a thrill of gratification, at +the same time that he must be impressed with a grateful sense of our +profound obligations to a beneficent Providence, whose paternal care is so +manifest in the happiness of this highly favored land. + +Since the close of the last Congress certain Cubans and other foreigners +resident in the United States, who were more or less concerned in the +previous invasion of Cuba, instead of being discouraged by its failure have +again abused the hospitality of this country by making it the scene of the +equipment of another military expedition against that possession of Her +Catholic Majesty, in which they were countenanced, aided, and joined by +citizens of the United States. On receiving intelligence that such designs +were entertained, I lost no time in issuing such instructions to the proper +officers of the United States as seemed to be called for by the occasion. +By the proclamation a copy of which is herewith submitted I also warned +those who might be in danger of being inveigled into this scheme of its +unlawful character and of the penalties which they would incur. For some +time there was reason to hope that these measures had sufficed to prevent +any such attempt. This hope, however, proved to be delusive. Very early in +the morning of the 3d of August a steamer called the Pampero departed from +New Orleans for Cuba, having on board upward of 400 armed men with evident +intentions to make war upon the authorities of the island. This expedition +was set on foot in palpable violation of the laws of the United States. Its +leader was a Spaniard, and several of the chief officers and some others +engaged in it were foreigners. The persons composing it, however, were +mostly citizens of the United States. + +Before the expedition set out, and probably before it was organized, a +slight insurrectionary movement, which appears to have been soon +suppressed, had taken place in the eastern quarter of Cuba. The importance +of this movement was, unfortunately, so much exaggerated in the accounts of +it published in this country that these adventurers seem to have been led +to believe that the Creole population of the island not only desired to +throw off the authority of the mother country, but had resolved upon that +step and had begun a well-concerted enterprise for effecting it. The +persons engaged in the expedition were generally young and ill informed. +The steamer in which they embarked left New Orleans stealthily and without +a clearance. After touching at Key West, she proceeded to the coast of +Cuba, and on the night between the 11th and 12th of August landed the +persons on board at Playtas, within about 20 leagues of Havana. + +The main body of them proceeded to and took possession of an inland village +6 leagues distant, leaving others to follow in charge of the baggage as +soon as the means of transportation could be obtained. The latter, having +taken up their line of march to connect themselves with the main body, and +having proceeded about 4 leagues into the country, were attacked on the +morning of the 13th by a body of Spanish troops, and a bloody conflict +ensued, after which they retreated to the place of disembarkation, where +about 50 of them obtained boats and reembarked therein. They were, however, +intercepted among the keys near the shore by a Spanish steamer cruising on +the coast, captured and carried to Havana, and after being examined before +a military court were sentenced to be publicly executed, and the sentence +was carried into effect on the 16th of August. + +On receiving information of what had occurred Commodore Foxhall A. Parker +was instructed to proceed in the steam frigate Saranac to Havana and +inquire into the charges against the persons executed, the circumstances +under which they were taken, and whatsoever referred to their trial and +sentence. Copies of the instructions from the Department of State to him +and of his letters to that Department are herewith submitted. + +According to the record of the examination, the prisoners all admitted the +offenses charged against them, of being hostile invaders of the island. At +the time of their trial and execution the main body of the invaders was +still in the field making war upon the Spanish authorities and Spanish +subjects. After the lapse of some days, being overcome by the Spanish +troops, they dispersed on the 24th of August. Lopez, their leader, was +captured some days after, and executed on the 1st of September. Many of his +remaining followers were killed or died of hunger and fatigue, and the rest +were made prisoners. Of these none appear to have been tried or executed. +Several of them were pardoned upon application of their friends and others, +and the rest, about 160 in number, were sent to Spain. Of the final +disposition made of these we have no official information. + +Such is the melancholy result of this illegal and ill-fated expedition. +Thus thoughtless young men have been induced by false and fraudulent +representations to violate the law of their country through rash and +unfounded expectations of assisting to accomplish political revolutions in +other states, and have lost their lives in the undertaking. Too severe a +judgment can hardly be passed by the indignant sense of the community upon +those who, being better informed themselves, have yet led away the ardor of +youth and an ill-directed love of political liberty. The correspondence +between this Government and that of Spain relating to this transaction is +herewith communicated. + +Although these offenders against the laws have forfeited the protection of +their country, yet the Government may, so far as consistent with its +obligations to other countries and its fixed purpose to maintain and +enforce the laws, entertain sympathy for their unoffending families and +friends, as well as a feeling of compassion for themselves. Accordingly, no +proper effort has been spared and none will be spared to procure the +release of such citizens of the United States engaged in this unlawful +enterprise as are now in confinement in Spain; but it is to be hoped that +such interposition with the Government of that country may not be +considered as affording any ground of expectation that the Government of +the United States will hereafter feel itself under any obligation of duty +to intercede for the liberation or pardon of such persons as are flagrant +offenders against the law of nations and the laws of the United States. +These laws must be executed. If we desire to maintain our respectability +among the nations of the earth, it behooves us to enforce steadily and +sternly the neutrality acts passed by Congress and to follow as far as may +be the violation of those acts with condign punishment. + +But what gives a peculiar criminality to this invasion of Cuba is that, +under the lead of Spanish subjects and with the aid of citizens of the +United States, it had its origin with many in motives of cupidity. Money +was advanced by individuals, probably in considerable amounts, to purchase +Cuban bonds, as they have been called, issued by Lopez, sold, doubtless, at +a very large discount, and for the payment of which the public lands and +public property of Cuba, of whatever kind, and the fiscal resources of the +people and government of that island, from whatever source to be derived, +were pledged, as well as the good faith of the government expected to be +established. All these means of payment, it is evident, were only to be +obtained by a process of bloodshed, war, and revolution. None will deny +that those who set on foot military expeditions against foreign states by +means like these are far more culpable than the ignorant and the +necessitous whom they induce to go forth as the ostensible parties in the +proceeding. These originators of the invasion of Cuba seem to have +determined with coolness and system upon an undertaking which should +disgrace their country, violate its laws, and put to hazard the lives of +ill-informed and deluded men. You will consider whether further legislation +be necessary to prevent the perpetration of such offenses in future. + +No individuals have a right to hazard the peace of the country or to +violate its laws upon vague notions of altering or reforming governments in +other states. This principle is not only reasonable in itself and in +accordance with public law, but is ingrafted into the codes of other +nations as well as our own. But while such are the sentiments of this +Government, it may be added that every independent nation must be presumed +to be able to defend its possessions against unauthorized individuals +banded together to attack them. The Government of the United States at all +times since its establishment has abstained and has sought to restrain the +citizens of the country from entering into controversies between other +powers, and to observe all the duties of neutrality. At an early period of +the Government, in the Administration of Washington, several laws were +passed for this purpose. The main provisions of these laws were reenacted +by the act of April, 1818, by which, amongst other things, it was declared +that-- + +If any person shall, within the territory or jurisdiction of the United +States, begin, or set on foot, or provide or prepare the means for, any +military expedition or enterprise to be carried on from thence against the +territory or dominions of any foreign prince or state, or of any colony, +district, or people, with whom the United States are at peace, every person +so offending shall be deemed guilty of a high misdemeanor, and shall be +fined not exceeding $3,000 and imprisoned not more than three years. + +And this law has been executed and enforced to the full extent of the power +of the Government from that day to this. + +In proclaiming and adhering to the doctrine of neutrality and +nonintervention, the United States have not followed the lead of other +civilized nations; they have taken the lead themselves and have been +followed by others. This was admitted by one of the most eminent of modern +British statesmen, who said in Parliament, while a minister of the Crown, +"that if he wished for a guide in a system of neutrality he should take +that laid down by America in the days of Washington and the secretaryship +of Jefferson;" and we see, in fact, that the act of Congress of 1818 was +followed the succeeding year by an act of the Parliament of England +substantially the same in its general provisions. Up to that time there had +been no similar law in England, except certain highly penal statutes passed +in the reign of George II, prohibiting English subjects from enlisting in +foreign service, the avowed object of which statutes was that foreign +armies, raised for the purpose of restoring the house of Stuart to the +throne, should not be strengthened by recruits from England herself. + +All must see that difficulties may arise in carrying the laws referred to +into execution in a country now having 3,000 or 4,000 miles of seacoast, +with an infinite number of ports and harbors and small inlets, from some of +which unlawful expeditious may suddenly set forth, without the knowledge of +Government, against the possessions of foreign states. + +"Friendly relations with all, but entangling alliances with none," has long +been a maxim with us. Our true mission is not to propagate our opinions or +impose upon other countries our form of government by artifice or force, +but to teach by example and show by our success, moderation, and justice +the blessings of self-government and the advantages of free institutions. +Let every people choose for itself and make and alter its political +institutions to suit its own condition and convenience. But while we avow +and maintain this neutral policy ourselves, we are anxious to see the same +forbearance on the part of other nations whose forms of government are +different from our own. The deep interest which we feel in the spread of +liberal principles and the establishment of free governments and the +sympathy with which we witness every struggle against oppression forbid +that we should be indifferent to a case in which the strong arm of a +foreign power is invoked to stifle public sentiment and repress the spirit +of freedom in any country. + +The Governments of Great Britain and France have issued orders to their +naval commanders on the West India station to prevent, by force if +necessary, the landing of adventurers from any nation on the island of Cuba +with hostile intent. The copy of a memorandum of a conversation on this +subject between the charge' d'affaires of Her Britannic Majesty and the +Acting Secretary of State and of a subsequent note of the former to the +Department of State are herewith submitted, together with a copy of a note +of the Acting Secretary of State to the minister of the French Republic and +of the reply of the latter on the same subject. These papers will acquaint +you with the grounds of this interposition of two leading commercial powers +of Europe, and with the apprehensions, which this Government could not fail +to entertain, that such interposition, if carried into effect, might lead +to abuses in derogation of the maritime rights of the United States. The +maritime rights of the United States are founded on a firm, secure, and +well-defined basis; they stand upon the ground of national independence and +public law, and will be maintained in all their full and just extent. The +principle which this Government has heretofore solemnly announced it still +adheres to, and will maintain under all circumstances and at all hazards. +That principle is that in every regularly documented merchant vessel the +crew who navigate it and those on board of it will find their protection in +the flag which is over them. No American ship can be allowed to be visited +or searched for the purpose of ascertaining the character of individuals on +board, nor can there be allowed any watch by the vessels of any foreign +nation over American vessels on the coast of the United States or the seas +adjacent thereto. It will be seen by the last communication from the +British charge' d'affaires to the Department of State that he is authorized +to assure the Secretary of State that every care will be taken that in +executing the preventive measures against the expeditions which the United +States Government itself has denounced as not being entitled to the +protection of any government no interference shall take place with the +lawful commerce of any nation. + +In addition to the correspondence on this subject herewith submitted, +official information has been received at the Department of State of +assurances by the French Government that in the orders given to the French +naval forces they were expressly instructed, in any operations they might +engage in, to respect the flag of the United States wherever it might +appear, and to commit no act of hostility upon any vessel or armament under +its protection. + +Ministers and consuls of foreign nations are the means and agents of +communication between us and those nations, and it is of the utmost +importance that while residing in the country they should feel a perfect +security so long as they faithfully discharge their respective duties and +are guilty of no violation of our laws. This is the admitted law of nations +and no country has a deeper interest in maintaining it than the United +States. Our commerce spreads over every sea and visits every clime, and our +ministers and consuls are appointed to protect the interests of that +commerce as well as to guard the peace of the country and maintain the +honor of its flag. But how can they discharge these duties unless they be +themselves protected? And if protected it must be by the laws of the +country in which they reside. And what is due to our own public +functionaries residing in foreign nations is exactly the measure of what is +due to the functionaries of other governments residing here. As in war the +bearers of flags of truce are sacred, or else wars would be interminable, +so in peace ambassadors, public ministers, and consuls, charged with +friendly national intercourse, are objects of especial respect and +protection, each according to the rights belonging to his rank and station. +In view of these important principles, it is with deep mortification and +regret I announce to you that during the excitement growing out of the +executions at Havana the office of Her Catholic Majesty's consul at New +Orleans was assailed by a mob, his property destroyed, the Spanish flag +found in the office carried off and torn in pieces, and he himself induced +to flee for his personal safety, which he supposed to be in danger. On +receiving intelligence of these events I forthwith directed the attorney of +the United States residing at New Orleans to inquire into the facts and the +extent of the pecuniary loss sustained by the consul, with the intention of +laying them before you, that you might make provision for such indemnity to +him as a just regard for the honor of the nation and the respect which is +due to a friendly power might, in your judgment, seem to require. The +correspondence upon this subject between the Secretary of State and Her +Catholic Majesty's minister plenipotentiary is herewith transmitted. + +The occurrence at New Orleans has led me to give my attention to the state +of our laws in regard to foreign ambassadors, ministers, and consuls. I +think the legislation of the country is deficient in not providing +sufficiently either for the protection or the punishment of consuls. I +therefore recommend the subject to the consideration of Congress. + +Your attention is again invited to the question of reciprocal trade between +the United States and Canada and other British possessions near our +frontier. Overtures for a convention upon this subject have been received +from Her Britannic Majesty's minister plenipotentiary, but it seems to be +in many respects preferable that the matter should be regulated by +reciprocal legislation. Documents are laid before you showing the terms +which the British Government is willing to offer and the measures which it +may adopt if some arrangement upon this subject shall not be made. + +From the accompanying copy of a note from the British legation at +Washington and the reply of the Department of State thereto it will appear +that Her Britannic Majesty's Government is desirous that a part of the +boundary line between Oregon and the British possessions should be +authoritatively marked out, and that an intention was expressed to apply to +Congress for an appropriation to defray the expense thereof on the part of +the United States. Your attention to this subject is accordingly invited +and a proper appropriation recommended. A convention for the adjustment of +claims of citizens of the United States against Portugal has been concluded +and the ratifications have been exchanged. The first installment of the +amount to be paid by Portugal fell due on the 30th of September last and +has been paid. The President of the French Republic, according to the +provisions of the convention, has been selected as arbiter in the case of +the General Armstrong, and has signified that he accepts the trust and the +high satisfaction he feels in acting as the common friend of two nations +with which France is united by sentiments of sincere and lasting amity. + +The Turkish Government has expressed its thanks for the kind reception +given to the Sultan's agent, Amin Bey, on the occasion of his recent visit +to the United States. On the 28th of February last a dispatch was addressed +by the Secretary of State to Mr. Marsh, the American minister at +Constantinople, instructing him to ask of the Turkish Government permission +for the Hungarians then imprisoned within the dominions of the Sublime +Porte to remove to this country. On the 3d of March last both Houses of +Congress passed a resolution requesting the President to authorize the +employment of a public vessel to convey to this country Louis Kossuth and +his associates in captivity. The instruction above referred to was complied +with, and the Turkish Government having released Governor Kossuth and his +companions from prison, on the 10th of September last they embarked on +board of the United States steam frigate Mississippi, which was selected to +carry into effect the resolution of Congress. Governor Kossuth left the +Mississippi at Gibraltar for the purpose of making a visit to England, and +may shortly be expected in New York. By communications to the Department of +State he has expressed his grateful acknowledgments for the interposition +of this Government in behalf of himself and his associates. This country +has been justly regarded as a safe asylum for those whom political events +have exiled from their own homes in Europe. and it is recommended to +Congress to consider in what manner Governor Kossuth and his companions, +brought hither by its authority, shall be received and treated. + +It is earnestly to be hoped that the differences which have for some time +past been pending between the Government of the French Republic and that of +the Sandwich Islands may be peaceably and durably adjusted so as to secure +the independence of those islands. Long before the events which have of +late imparted so much importance to the possessions of the United States on +the Pacific we acknowledged the independence of the Hawaiian Government. +This Government was first in taking that step, and several of the leading +powers of Europe immediately followed. We were influenced in this measure +by the existing and prospective importance of the islands as a place of +refuge and refreshment for our vessels engaged in the whale fishery, and by +the consideration that they lie in the course of the great trade which must +at no distant day be carried on between the western coast of North America +and eastern Asia. + +We were also influenced by a desire that those islands should not pass +under the control of any other great maritime state, but should remain in +an independent condition, and so be accessible and useful to the commerce +of all nations. I need not say that the importance of these considerations +has been greatly enhanced by the sudden and vast development which the +interests of the United States have attained in California and Oregon, and +the policy heretofore adopted in regard to those islands will be steadily +pursued. + +It is gratifying, not only to those who consider the commercial interests +of nations, but also to all who favor the progress of knowledge and the +diffusion of religion, to see a community emerge from a savage state and +attain such a degree of civilization in those distant seas. It is much to +be deplored that the internal tranquillity of the Mexican Republic should +again be seriously disturbed, for since the peace between that Republic and +the United States it had enjoyed such comparative repose that the most +favorable anticipations for the future might with a degree of confidence +have been indulged. These, however, have been thwarted by the recent +outbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. +Having received information that persons from the United States had taken +part in the insurrection, and apprehending that their example might be +followed by others, I caused orders to be issued for the purpose of +preventing any hostile expeditions against Mexico from being set on foot in +violation of the laws of the United States. I likewise issued a +proclamation upon the subject, a copy of which is herewith laid before you. +This appeared to be rendered imperative by the obligations of treaties and +the general duties of good neighborhood. + +In my last annual message I informed Congress that citizens of the United +States had undertaken the connection of the two oceans by means of a +railroad across the Isthmus of Tehuantepec, under a grant of the Mexican +Government to a citizen of that Republic, and that this enterprise would +probably be prosecuted with energy whenever Mexico should consent to such +stipulations with the Government of the United States as should impart a +feeling of security to those who should invest their property in the +enterprise. A convention between the two Governments for the accomplishment +of that end has been ratified by this Government, and only awaits the +decision of the Congress and the Executive of that Republic. + +Some unexpected difficulties and delays have arisen in the ratification of +that convention by Mexico, but it is to be presumed that her decision will +be governed by just and enlightened views, as well of the general +importance of the object as of her own interests and obligations. + +In negotiating upon this important subject this Government has had in view +one, and only one, object. That object has been, and is, the construction +or attainment of a passage from ocean to ocean, the shortest and the best +for travelers and merchandise, and equally open to all the world. It has +sought to obtain no territorial acquisition, nor any advantages peculiar to +itself; and it would see with the greatest regret that Mexico should oppose +any obstacle to the accomplishment of an enterprise which promises so much +convenience to the whole commercial world and such eminent advantages to +Mexico herself. Impressed with these sentiments and these convictions, the +Government will continue to exert all proper efforts to bring about the +necessary arrangement with the Republic of Mexico for the speedy completion +of the work. For some months past the Republic of Nicaragua has been the +theater of one of those civil convulsions from which the cause of free +institutions and the general prosperity and social progress of the States +of Central America have so often and so severely suffered. Until quiet +shall have been restored and a government apparently stable shall have been +organized, no advance can prudently be made in disposing of the questions +pending between the two countries. + +I am happy to announce that an interoceanic communication from the mouth of +the St. John to the Pacific has been so far accomplished as that passengers +have actually traversed it and merchandise has been transported over it, +and when the canal shall have been completed according to the original plan +the means of communication will be further improved. It is understood that +a considerable part of the railroad across the Isthmus of Panama has been +completed, and that the mail and passengers will in future be conveyed +thereon. Whichever of the several routes between the two oceans may +ultimately prove most eligible for travelers to and from the different +States on the Atlantic and Gulf of Mexico and our coast on the Pacific, +there is little reason to doubt that all of them will be useful to the +public, and will liberally reward that individual enterprise by which alone +they have been or are expected to be carried into effect. Peace has been +concluded between the contending parties in the island of St. Domingo, and, +it is hoped, upon a durable basis. Such is the extent of our commercial +relations with that island that the United States can not fail to feel a +strong interest in its tranquillity. The office of commissioner to China +remains unfilled. Several persons have been appointed, and the place has +been offered to others, all of whom have declined its acceptance on the +ground of the inadequacy of the compensation. The annual allowance by law +is $6,000, and there is no provision for any outfit. I earnestly recommend +the consideration of this subject to Congress. Our commerce with China is +highly important, and is becoming more and more so in consequence of the +increasing intercourse between our ports on the Pacific Coast and eastern +Asia. China is understood to be a country in which living is very +expensive, and I know of no reason why the American commissioner sent +thither should not be placed, in regard to compensation, on an equal +footing with ministers who represent this country at the Courts of Europe. + +By reference to the report of the Secretary of the Treasury it will be seen +that the aggregate receipts for the last fiscal year amounted to +$52,312,979.87, which, with the balance in the Treasury on the 1st July, +1850, gave as the available means for the year the sum of $58,917,524.36. + +The total expenditures for the same period were $48,005,878.68. The total +imports for the year ending June 30, 1851, were $215,725,995, of which +there were in specie $4,967,901. The exports for the same period were +$217,517,130, of which there were of domestic products $178,546,555; +foreign goods reexported, $9,738,695; specie, $29,231,880. + +Since the 1st of December last the payments in cash on account of the +public debt, exclusive of interest, have amounted to $7,501,456.56, which, +however, includes the sum of $3,242,400, paid under the twelfth article of +the treaty with Mexico, and the further sum of $2,591,213.45, being the +amount of awards to American citizens under the late treaty with Mexico, +for which the issue of stock was authorized, but which was paid in cash +from the Treasury. + +The public debt on the 20th ultimo, exclusive of the stock authorized to be +issued to Texas by the act of 9th September, 1850, was $62,560,395.26. + +The receipts for the next fiscal year are estimated at $51,800,000, which, +with the probable unappropriated balance in the Treasury on the 30th June +next, will give as the probable available means for that year the sum of +$63,258,743.09. + +It has been deemed proper, in view of the large expenditures consequent +upon the acquisition of territory from Mexico, that the estimates for the +next fiscal year should be laid before Congress in such manner as to +distinguish the expenditures so required from the otherwise ordinary +demands upon the Treasury. + +The total expenditures for the next fiscal year are estimated at +$42,892,299.19, of which there is required for the ordinary purposes of the +Government, other than those consequent upon the acquisition of our new +territories, and deducting the payments on account of the public debt, the +sum of $33,343,198.08, and for the purposes connected, directly or +indirectly, with those territories and in the fulfillment of the +obligations of the Government contracted in consequence of their +acquisition the sum of $9,549,101.11. + +If the views of the Secretary of the Treasury in reference to the +expenditures required for these territories shall be met by corresponding +action on the part of Congress, and appropriations made in accordance +therewith, there will be an estimated unappropriated balance in the +Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to meet that +portion of the public debt due on the 1st of July following, amounting to +$6,237,931.35, as well as any appropriations which may be made beyond the +estimates. + +In thus referring to the estimated expenditures on account of our newly +acquired territories, I may express the hope that Congress will concur with +me in the desire that a liberal course of policy may be pursued toward +them, and that every obligation, express or implied, entered into in +consequence of their acquisition shall be fulfilled by the most liberal +appropriations for that purpose. + +The values of our domestic exports for the last fiscal year, as compared +with those of the previous year, exhibit an increase of $43,646,322. At +first view this condition of our trade with foreign nations would seem to +present the most flattering hopes of its future prosperity. An examination +of the details of our exports, however, will show that the increased value +of our exports for the last fiscal year is to be found in the high price of +cotton which prevailed during the first half of that year, which price has +since declined about one-half. + +The value of our exports of breadstuffs and provisions, which it was +supposed the incentive of a low tariff and large importations from abroad +would have greatly augmented, has fallen from $68,701,921 in 1847 to +$26,051,373 in 1850 and to $21,948,653 in 1851, with a strong probability, +amounting almost to a certainty, of a still further reduction in the +current year. + +The aggregate values of rice exported during the last fiscal year, as +compared with the previous year, also exhibit a decrease, amounting to +$460,917, which, with a decline in the values of the exports of tobacco for +the same period, make an aggregate decrease in these two articles of +$1,156,751. + +The policy which dictated a low rate of duties on foreign merchandise, it +was thought by those who promoted and established it, would tend to benefit +the farming population of this country by increasing the demand and raising +the price of agricultural products in foreign markets. + +The foregoing facts, however, seem to show incontestably that no such +result has followed the adoption of this policy. On the contrary, +notwithstanding the repeal of the restrictive corn laws in England, the +foreign demand for the products of the American farmer has steadily +declined, since the short crops and consequent famine in a portion of +Europe have been happily replaced by full crops and comparative abundance +of food. + +It will be seen by recurring to the commercial statistics for the past year +that the value of our domestic exports has been increased in the single +item of raw cotton by $40,000,000 over the value of that export for the +year preceding. This is not due to any increased general demand for that +article, but to the short crop of the preceding year, which created an +increased demand and an augmented price for the crop of last year. Should +the cotton crop now going forward to market be only equal in quantity to +that of the year preceding and be sold at the present prices, then there +would be a falling off in the value of our exports for the present fiscal +year of at least $40,000,000 compared with the amount exported for the year +ending 30th June, 1851. + +The production of gold in California for the past year seems to promise a +large supply of that metal from that quarter for some time to come. This +large annual increase of the currency of the world must be attended with +its usual results. These have been already partially disclosed in the +enhancement of prices and a rising spirit of speculation and adventure, +tending to overtrading, as well at home as abroad. Unless some salutary +check shall be given to these tendencies it is to be feared that +importations of foreign goods beyond a healthy demand in this country will +lead to a sudden drain of the precious metals from us, bringing with it, as +it has done in former times, the most disastrous consequences to the +business and capital of the American people. + +The exports of specie to liquidate our foreign debt during the past fiscal +year have been $24,963,979 over the amount of specie imported. The exports +of specie during the first quarter of the present fiscal year have been +$14,651,827. Should specie continue to be exported at this rate for the +remaining three quarters of this year, it will drain from our metallic +currency during the year ending 30th June, 1852, the enormous amount of +$58,607,308. + +In the present prosperous condition of the national finances it will become +the duty of Congress to consider the best mode of paying off the public +debt. If the present and anticipated surplus in the Treasury should not be +absorbed by appropriations of an extraordinary character, this surplus +should be employed in such way and under such restrictions as Congress may +enact in extinguishing the outstanding debt of the nation. + +By reference to the act of Congress approved 9th September, 1850, it will +be seen that, in consideration of certain concessions by the State of +Texas, it is provided that-- + +The United States shall pay to the State of Texas the sum of $10,000,000 in +a stock bearing 5 per cent interest and redeemable at the end of fourteen +years, the interest payable half-yearly at the Treasury of the United +States. + +In the same section of the law it is further provided-- + +That no more than five millions of said stock shall be issued until the +creditors of the State holding bonds and other certificates of stock of +Texas, for which duties on imports were specially pledged, shall first file +at the Treasury of the United States releases of all claims against the +United States for or on account of said bonds or certificates, in such form +as shall be prescribed by the Secretary of the Treasury and approved by the +President of the United States. + +The form of release thus provided for has been prescribed by the Secretary +of the Treasury and approved. It has been published in all the leading +newspapers in the commercial cities of the United States, and all persons +holding claims of the kind specified in the foregoing proviso were required +to file their releases (in the form thus prescribed) in the Treasury of the +United States on or before the 1st day of October, 1851. Although this +publication has been continued from the 25th day of March, 1851, yet up to +the 1st of October last comparatively few releases had been filed by the +creditors of Texas. + +The authorities of the State of Texas, at the request of the Secretary of +the Treasury, have furnished a schedule of the public debt of that State +created prior to her admission into the Union, with a copy of the laws +under which each class was contracted. I have, from the documents furnished +by the State of Texas, determined the classes of claims which in my +judgment fall within the provisions of the act of Congress of the 9th of +September, 1850. + +On being officially informed of the acceptance by Texas of the propositions +contained in the act referred to I caused the stock to be prepared, and the +five millions which are to be issued unconditionally, bearing an interest +of 5 per cent from the 1st day of January, 1851, have been for some time +ready to be delivered to the State of Texas. The authorities of Texas up to +the present time have not authorized anyone to receive this stock, and it +remains in the Treasury Department subject to the order of Texas. The +releases required by law to be deposited in the Treasury not having been +filed there, the remaining five millions have not been issued. This last +amount of the stock will be withheld from Texas until the conditions upon +which it is to be delivered shall be complied with by the creditors of that +State, unless Congress shall otherwise direct by a modification of the +law. + +In my last annual message, to which I respectfully refer, I stated briefly +the reasons which induced me to recommend a modification of the present +tariff by converting the ad valorem into a specific duty wherever the +article imported was of such a character as to permit it, and that such a +discrimination should be made in favor of the industrial pursuits of our +own country as to encourage home production without excluding foreign +competition. + +The numerous frauds which continue to be practiced upon the revenue by +false invoices and undervaluations constitute an unanswerable reason for +adopting specific instead of ad valorem duties in all cases where the +nature of the commodity does not forbid it. A striking illustration of +these frauds will be exhibited in the report of the Secretary of the +Treasury, showing the custom-house valuation of articles imported under a +former law, subject to specific duties, when there was no inducement to +undervaluation, and the custom-house valuations of the same articles under +the present system of ad valorem duties, so greatly reduced as to leave no +doubt of the existence of the most flagrant abuses under the existing laws. +This practical evasion of the present law, combined with the languishing +condition of some of the great interests of the country, caused by over +importations and consequent depressed prices, and with the failure in +obtaining a foreign market for our increasing surplus of breadstuffs and +provisions, has induced me again to recommend a modification of the +existing tariff. The report of the Secretary of the Interior, which +accompanies this communication, will present a condensed statement of the +operations of that important Department of the Government. + +It will be seen that the cash sales of the public lands exceed those of the +preceding year, and that there is reason to anticipate a still further +increase, notwithstanding the large donations which have been made to many +of the States and the liberal grants to individuals as a reward for +military services. This fact furnishes very gratifying evidence of the +growing wealth and prosperity of our country. + +Suitable measures have been adopted for commencing the survey of the public +lands in California and Oregon. Surveying parties have been organized and +some progress has been made in establishing the principal base and meridian +lines. But further legislation and additional appropriations will be +necessary before the proper subdivisions can be made and the general land +system extended over those remote parts of our territory. + +On the 3d of March last an act was passed providing for the appointment of +three commissioners to settle private land claims in California. Three +persons were immediately appointed, all of whom, however, declined +accepting the office in consequence of the inadequacy of the compensation. +Others were promptly selected, who for the same reason also declined, and +it was not until late in the season that the services of suitable persons +could be secured. A majority of the commissioners convened in this city on +the 10th of September last, when detailed instructions were given to them +in regard to their duties. Their first meeting for the transaction of +business will be held in San Francisco on the 8th day of the present +month. + +I have thought it proper to refer to these facts, not only to explain the +causes of the delay in filling the commission, but to call your attention +to the propriety of increasing the compensation of the commissioners. The +office is one of great labor and responsibility, and the compensation +should be such as to command men of a high order of talents and the most +unquestionable integrity. + +The proper disposal of the mineral lands of California is a subject +surrounded by great difficulties. In my last annual message I recommended +the survey and sale of them in small parcels under such restrictions as +would effectually guard against monopoly and speculation; but upon further +information, and in deference to the opinions of persons familiar with the +subject, I am inclined to change that recommendation and to advise that +they be permitted to remain as at present, a common field, open to the +enterprise and industry of all our citizens, until further experience shall +have developed the best policy to be ultimately adopted in regard to them. +It is safer to suffer the inconveniences that now exist for a short period +than by premature legislation to fasten on the country a system founded in +error, which may place the whole subject beyond the future control of +Congress. + +The agricultural lands should, however, be surveyed and brought into market +with as little delay as possible, that the titles may become settled and +the inhabitants stimulated to make permanent improvements and enter on the +ordinary pursuits of life. To effect these objects it is desirable that the +necessary provision be made by law for the establishment of land offices in +California and Oregon and for the efficient prosecution of the surveys at +an early day. + +Some difficulties have occurred in organizing the Territorial governments +of New Mexico and Utah, and when more accurate information shall be +obtained of the causes a further communication will be made on that +subject. + +In my last annual communication to Congress I recommended the establishment +of an agricultural bureau, and I take this occasion again to invoke your +favorable consideration of the subject. + +Agriculture may justly be regarded as the great interest of our people. +Four-fifths of our active population are employed in the cultivation of the +soil, and the rapid expansion of our settlements over new territory is +daily adding to the number of those engaged in that vocation. Justice and +sound policy, therefore, alike require that the Government should use all +the means authorized by the Constitution to promote the interests and +welfare of that important class of our fellow-citizens. And yet it is a +singular fact that whilst the manufacturing and commercial interests have +engaged the attention of Congress during a large portion of every session +and our statutes abound in provisions for their protection and +encouragement, little has yet been done directly for the advancement of +agriculture. It is time that this reproach to our legislation should be +removed, and I sincerely hope that the present Congress will not close +their labors without adopting efficient means to supply the omissions of +those who have preceded them. + +An agricultural bureau, charged with the duty of collecting and +disseminating correct information as to the best modes of cultivation and +of the most effectual means of preserving and restoring the fertility of +the soil and of procuring and distributing seeds and plants and other +vegetable productions, with instructions in regard to the soil, climate, +and treatment best adapted to their growth, could not fail to be, in the +language of Washington in his last annual message to Congress, a "very +cheap instrument of immense national benefit." + +Regarding the act of Congress approved 28th September, 1850, granting +bounty lands to persons who had been engaged in the military service of the +country, as a great measure of national justice and munificence, an anxious +desire has been felt by the officers intrusted with its immediate execution +to give prompt effect to its provisions. All the means within their control +were therefore brought into requisition to expedite the adjudication of +claims, and I am gratified to be able to state that near 100,000 +applications have been considered and about 70,000 warrants issued within +the short space of nine months. If adequate provision be made by law to +carry into effect the recommendations of the Department, it is confidently +expected that before the close of the next fiscal year all who are entitled +to the benefits of the act will have received their warrants. + +The Secretary of the Interior has suggested in his report various +amendments of the laws relating to pensions and bounty lands for the +purpose of more effectually guarding against abuses and frauds on the +Government, to all of which I invite your particular attention. The large +accessions to our Indian population consequent upon the acquisition of New +Mexico and California and the extension of our settlements into Utah and +Oregon have given increased interest and importance to our relations with +the aboriginal race. No material change has taken place within the last +year in the condition and prospects of the Indian tribes who reside in the +Northwestern Territory and west of the Mississippi River. We are at peace +with all of them, and it will be a source of pleasure to you to learn that +they are gradually advancing in civilization and the pursuits of social +life. + +Along the Mexican frontier and in California and Oregon there have been +occasional manifestations of unfriendly feeling and some depredations +committed. I am satisfied, however, that they resulted more from the +destitute and starving condition of the Indians than from any settled +hostility toward the whites. As the settlements of our citizens progress +toward them, the game, upon which they mainly rely for subsistence, is +driven off or destroyed, and the only alternative left to them is +starvation or plunder. It becomes us to consider, in view of this condition +of things, whether justice and humanity, as well as an enlightened economy, +do not require that instead of seeking to punish them for offenses which +are the result of our own policy toward them we should not provide for +their immediate wants and encourage them to engage in agriculture and to +rely on their labor instead of the chase for the means of support. + +Various important treaties have been negotiated with different tribes +during the year, by which their title to large and valuable tracts of +country has been extinguished, all of which will at the proper time be +submitted to the Senate for ratification. + +The joint commission under the treaty of Guadalupe Hidalgo has been +actively engaged in running and marking the boundary line between the +United States and Mexico. It was stated in the last annual report of the +Secretary of the Interior that the initial point on the Pacific and the +point of junction of the Gila with the Colorado River had been determined +and the intervening line, about 150 miles in length, run and marked by +temporary monuments. Since that time a monument of marble has been erected +at the initial point, and permanent landmarks of iron have been placed at +suitable distances along the line. + +The initial point on the Rio Grande has also been fixed by the +commissioners, at latitude 32 degrees 22', and at the date of the last +communication the survey of the line had been made thence westward about +150 miles to the neighborhood of the copper mines. The commission on our +part was at first organized on a scale which experience proved to be +unwieldy and attended with unnecessary expense. Orders have therefore been +issued for the reduction of the number of persons employed within the +smallest limits consistent with the safety of those engaged in the service +and the prompt and efficient execution of their important duties. + +Returns have been received from all the officers engaged in taking the +census in the States and Territories except California. The superintendent +employed to make the enumeration in that State has not yet made his full +report, from causes, as he alleges, beyond his control. This failure is +much to be regretted, as it has prevented the Secretary of the Interior +from making the decennial apportionment of Representatives among the +States, as required by the act approved May 23, 1850. It is hoped, however, +that the returns will soon be received, and no time will then be lost in +making the necessary apportionment and in transmitting the certificates +required by law. + +The Superintendent of the Seventh Census is diligently employed, under the +direction of the Secretary of the Interior, in classifying and arranging in +tabular form all the statistical information derived from the returns of +the marshals, and it is believed that when the work shall be completed it +will exhibit a more perfect view of the population, wealth, occupations, +and social condition of a great country than has ever been presented to the +world. The value of such a work as the basis of enlightened legislation can +hardly be overestimated, and I earnestly hope that Congress will lose no +time in making the appropriations necessary to complete the classifications +and to publish the results in a style worthy of the subject and of our +national character. + +The want of a uniform fee bill, prescribing the compensation to be allowed +district attorneys, clerks, marshals, and commissioners in civil and +criminal cases, is the cause of much vexation, injustice, and complaint. I +would recommend a thorough revision of the laws on the whole subject and +the adoption of a tariff of fees which, as far as practicable, should be +uniform, and prescribe a specific compensation for every service which the +officer may be required to perform. This subject will be fully presented in +the report of the Secretary of the Interior. In my last annual message I +gave briefly my reasons for believing that you possessed the constitutional +power to improve the harbors of our Great Lakes and seacoast and the +navigation of our principal rivers, and recommended that appropriations +should be made for completing such works as had already been commenced and +for commencing such others as might seem to the wisdom of Congress to be of +public and general importance. Without repeating the reasons then urged, I +deem it my duty again to call your attention to this important subject. The +works on many of the harbors were left in an unfinished state, and +consequently exposed to the action of the elements, which is fast +destroying them. Great numbers of lives and vast amounts of property are +annually lost for want of safe and convenient harbors on the Lakes. None +but those who have been exposed to that dangerous navigation can fully +appreciate the importance of this subject. The whole Northwest appeals to +you for relief, and I trust their appeal will receive due consideration at +your hands. + +The same is in a measure true in regard to some of the harbors and inlets +on the seacoast. + +The unobstructed navigation of our large rivers is of equal importance. Our +settlements are now extending to the sources of the great rivers which +empty into and form a part of the Mississippi, and the value of the public +lands in those regions would be greatly enhanced by freeing the navigation +of those waters from obstructions. In view, therefore, of this great +interest, I deem it my duty again to urge upon Congress to make such +appropriations for these improvements as they may deem necessary. + +The surveys of the Delta of the Mississippi, with a view to the prevention +of the overflows that have proved so disastrous to that region of country, +have been nearly completed, and the reports thereof are now in course of +preparation and will shortly be laid before you. + +The protection of our southwestern frontier and of the adjacent Mexican +States against the Indian tribes within our border has claimed my earnest +and constant attention. Congress having failed at the last session to adopt +my recommendation that an additional regiment of mounted men specially +adapted to that service should be raised, all that remained to be done was +to make the best use of the means at my disposal. Accordingly, all the +troops adapted to that service that could properly be spared from other +quarters have been concentrated on that frontier and officers of high +reputation selected to command them. A new arrangement of the military +posts has also been made, whereby the troops are brought nearer to the +Mexican frontier and to the tribes they are intended to overawe. + +Sufficient time has not yet elapsed to realize all the benefits that are +expected to result from these arrangements, but I have every reason to hope +that they will effectually check their marauding expeditions. The nature of +the country, which furnishes little for the support of an army and abounds +in places of refuge and concealment, is remarkably well adapted to this +predatory warfare, and we can scarcely hope that any military force, +combined with the greatest vigilance, can entirely suppress it. + +By the treaty of Guadalupe Hidalgo we are bound to protect the territory of +Mexico against the incursions of the savage tribes within our border "with +equal diligence and energy" as if the same were made within our territory +or against our citizens. I have endeavored to comply as far as possible +with this provision of the treaty. Orders have been given to the officers +commanding on that frontier to consider the Mexican territory and its +inhabitants as equally with our own entitled to their protection, and to +make all their plans and arrangements with a view to the attainment of this +object. Instructions have also been given to the Indian commissioners and +agents among these tribes in all treaties to make the clauses designed for +the protection of our own citizens apply also to those of Mexico. I have no +reason to doubt that these instructions have been fully carried into +effect; nevertheless, it is probable that in spite of all our efforts some +of the neighboring States of Mexico may have suffered, as our own have, +from depredations by the Indians. + +To the difficulties of defending our own territory, as above mentioned, are +superadded, in defending that of Mexico, those that arise from its +remoteness, from the fact that we have no right to station our troops +within her limits and that there is no efficient military force on the +Mexican side to cooperate with our own. + +So long as this shall continue to be the case the number and activity of +our troops will rather increase than diminish the evil, as the Indians will +naturally turn toward that country where they encounter the least +resistance. Yet these troops are necessary to subdue them and to compel +them to make and observe treaties. Until this shall have been done neither +country will enjoy any security from their attacks. + +The Indians in California, who had previously appeared of a peaceable +character and disposed to cultivate the friendship of the whites, have +recently committed several acts of hostility. As a large portion of the +reenforcements sent to the Mexican frontier were drawn from the Pacific, +the military force now stationed there is considered entirely inadequate to +its defense. It can not be increased, however, without an increase of the +Army, and I again recommend that measure as indispensable to the protection +of the frontier. + +I invite your attention to the suggestions on this subject and on others +connected with his Department in the report of the Secretary of War. The +appropriations for the support of the Army during the current fiscal year +ending 30th June next were reduced far below the estimate submitted by the +Department. The consequence of this reduction is a considerable deficiency, +to which I invite your early attention. The expenditures of that Department +for the year ending 30th June last were $9,060,268.58, The estimates for +the year commencing 1st July next and ending June 30, 1853, are +$7,898,775.83, showing a reductions of $1,161,492.75, The board of +commissioners to whom the management of the affairs of the military asylum +created by the act of 3d March last was intrusted have selected a site for +the establishment of an asylum in the vicinity of this city, which has been +approved by me subject to the production of a satisfactory title. + +The report of the Secretary of the Navy will exhibit the condition of the +public service under the supervision of that Department. Our naval force +afloat during the present year has been actively and usefully employed in +giving protection to our widely extended and increasing commerce and +interests in the various quarters of the globe, and our flag has everywhere +afforded the security and received the respect inspired by the justice and +liberality of our intercourse and the dignity and power of the nation. + +The expedition commanded by Lieutenant De Haven, dispatched in search of +the British commander Sir John Franklin and his companions in the Arctic +Seas, returned to New York in the month of October, after having undergone +great peril and suffering from an unknown and dangerous navigation and the +rigors of a northern climate, without any satisfactory information of the +objects of their search, but with new contributions to science and +navigation from the unfrequented polar regions. The officers and men of the +expedition having been all volunteers for this service and having so +conducted it as to meet the entire approbation of the Government, it is +suggested, as an act of grace and generosity, that the same allowance of +extra pay and emoluments be extended to them that were made to the officers +and men of like rating in the late exploring expedition to the South Seas. + +I earnestly recommend to your attention the necessity of reorganizing the +naval establishment, apportioning and fixing the number of officers in each +grade, providing some mode of promotion to the higher grades of the Navy +having reference to merit and capacity rather than seniority or date of +entry into the service, and for retiring from the effective list upon +reduced pay those who may be incompetent to the performance of active duty. +As a measure of economy, as well as of efficiency, in this arm of the +service, the provision last mentioned is eminently worthy of your +consideration. + +The determination of the questions of relative rank between the sea +officers and civil officers of the Navy, and between officers of the Army +and Navy, in the various grades of each, will also merit your attention. +The failure to provide any substitute when corporal punishment was +abolished for offenses in the Navy has occasioned the convening of numerous +courts-martial upon the arrival of vessels in port, and is believed to have +had an injurious effect upon the discipline and efficiency of the service. +To moderate punishment from one grade to another is among the humane +reforms of the age, but to abolish one of severity, which applied so +generally to offenses on shipboard, and provide nothing in its stead is to +suppose a progress of improvement in every individual among seamen which is +not assumed by the Legislature in respect to any other class of men. It is +hoped that Congress, in the ample opportunity afforded by the present +session, will thoroughly investigate this important subject, and establish +such modes of determining guilt and such gradations of punishment as are +consistent with humanity and the personal rights of individuals, and at the +same time shall insure the most energetic and efficient performance of duty +and the suppression of crime in our ships of war. + +The stone dock in the navy-yard at New York, which was ten years in process +of construction, has been so far finished as to be surrendered up to the +authorities of the yard. The dry dock at Philadelphia is reported as +completed, and is expected soon to be tested and delivered over to the +agents of the Government. That at Portsmouth, N. H., is also nearly ready +for delivery; and a contract has been concluded, agreeably to the act of +Congress at its last session, for a floating sectional dock on the Bay of +San Francisco. I invite your attention to the recommendation of the +Department touching the establishment of a navy-yard in conjunction with +this dock on the Pacific. Such a station is highly necessary to the +convenience and effectiveness of our fleet in that ocean, which must be +expected to increase with the growth of commerce and the rapid extension of +our whale fisheries over its waters. + +The Naval Academy at Annapolis, under a revised and improved system of +regulations, now affords opportunities of education and instruction to the +pupils quite equal, it is believed, for professional improvement, to those +enjoyed by the cadets in the Military Academy. A large class of acting +midshipmen was received at the commencement of the last academic term, and +a practice ship has been attached to the institution to afford the amplest +means for regular instruction in seamanship, as well as for cruises during +the vacations of three or four months in each year. + +The advantages of science in nautical affairs have rarely been more +strikingly illustrated than in the fact, stated in the report of the Navy +Department, that by means of the wind and current charts projected and +prepared by Lieutenant Maury, the Superintendent of the Naval Observatory, +the passage from the Atlantic to the Pacific ports of our country has been +shortened by about forty days. + +The estimates for the support of the Navy and Marine Corps the ensuing +fiscal year will be found to be $5,856,472.19, the estimates for the +current year being $5,900,621. + +The estimates for special objects under the control of this Department +amount to $2,684,220.89, against $2,210,980 for the present year, the +increase being occasioned by the additional mail service on the Pacific +Coast and the construction of the dock in California, authorized at the +last session of Congress, and some slight additions under the head of +improvements and repairs in navy-yards, buildings, and machinery. I deem it +of much importance to a just economy and a correct understanding of naval +expenditures that there should be an entire separation of the +appropriations for the support of the naval service proper from those for +permanent improvements at navy-yards and stations and from ocean steam mail +service and other special objects assigned to the supervision of this +Department. + +The report of the Postmaster-General, herewith communicated, presents an +interesting view of the progress, operations, and condition of his +Department. + +At the close of the last fiscal year the length of mail routes within the +United States was 196,290 miles, the annual transportation thereon +53,272,252 miles, and the annual cost of such transportation $3,421,754. + +The length of the foreign mail routes is estimated at 18,349 miles and the +annual transportation thereon at 615,206 miles. The annual cost of this +service is $1,472,187, of which $448,937 are paid by the Post-Office +Department and $1,023,250 are paid through the Navy Department. + +The annual transportation within the United States, excluding the service +in California and Oregon, which is now for the first time reported and +embraced in the tabular statements of the Department, exceeds that of the +preceding year 6,162,855 miles, at an increased cost of $547,110. + +The whole number of post-offices in the United States on the 30th day of +June last was 19,796. There were 1,698 post-offices established and 256 +discontinued during the year. + +The gross revenues of the Department for the fiscal year, including the +appropriations for the franked matter of Congress, of the Departments, and +officers of Government, and excluding the foreign postages collected for +and payable to the British post-office, amounted to $6,727,866.78. + +The expenditures for the same period, excluding $20,599.49, paid under an +award of the Auditor, in pursuance of a resolution of the last Congress, +for mail service on the Ohio and Mississippi rivers in 1832 and 1833, and +the amount paid to the British post-office for foreign postages collected +for and payable to that office, amounted to $6,024,566.79, leaving a +balance of revenue over the proper expenditures of the year of +$703,299.99. + +The receipts for postages during the year, excluding the foreign postages +collected for and payable to the British post-office, amounted to +$6,345,747.21, being an increase of $997,610.79, or 18.65 per cent, over +the like receipts for the preceding year. + +The reduction of postage under the act of March last did not take effect +until the commencement of the present fiscal year. The accounts for the +first quarter under the operation of the reduced rates will not be settled +before January next, and no reliable estimate of the receipts for the +present year can yet be made. It is believed, however, that they will fall +far short of those of the last year. The surplus of the revenues now on +hand is, however, so large that no further appropriation from the Treasury +in aid of the revenues of the Department is required for the current fiscal +year, but an additional appropriation for the year ending June 30, 1853, +will probably be found necessary when the receipts of the first two +quarters of the fiscal year are fully ascertained. + +In his last annual report the Postmaster-General recommended a reduction of +postage to rates which he deemed as low as could be prudently adopted +unless Congress was prepared to appropriate from the Treasury for the +support of the Department a sum more than equivalent to the mail services +performed by it for the Government. The recommendations of the +Postmaster-General in respect to letter postage, except on letters from and +to California and Oregon, were substantially adopted by the last Congress. +He now recommends adherence to the present letter rates and advises against +a further reduction until justified by the revenue of the Department. + +He also recommends that the rates of postage on printed matter be so +revised as to render them more simple and more uniform in their operation +upon all classes of printed matter. I submit the recommendations of the +report to your favorable consideration. + +The public statutes of the United States have now been accumulating for +more than sixty years, and, interspersed with private acts, are scattered +through numerous volumes, and, from the cost of the whole, have become +almost inaccessible to the great mass of the community. They also exhibit +much of the incongruity and imperfection of hasty legislation. As it seems +to be generally conceded that there is no "common law" of the United States +to supply the defects of their legislation, it is most important that that +legislation should be as perfect as possible, defining every power intended +to be conferred, every crime intended to be made punishable, and +prescribing the punishment to be inflicted. In addition to some particular +cases spoken of more at length, the whole criminal code is now lamentably +defective. Some offenses are imperfectly described and others are entirely +omitted, so that flagrant crimes may be committed with impunity. The scale +of punishment is not in all cases graduated according to the degree and +nature of the offense, and is often rendered more unequal by the different +modes of imprisonment or penitentiary confinement in the different States. + +Many laws of a permanent character have been introduced into appropriation +bills, and it is often difficult to determine whether the particular clause +expires with the temporary act of which it is a part or continues in force. +It has also frequently happened that enactments and provisions of law have +been introduced into bills with the title or general subject of which they +have little or no connection or relation. In this mode of legislation so +many enactments have been heaped upon each other, and often with but little +consideration, that in many instances it is difficult to search out and +determine what is the law. + +The Government of the United States is emphatically a government of written +laws. The statutes should therefore, as far as practicable, not only be +made accessible to all, but be expressed in language so plain and simple as +to be understood by all and arranged in such method as to give perspicuity +to every subject. Many of the States have revised their public acts with +great and manifest benefit, and I recommend that provision be made by law +for the appointment of a commission to revise the public statutes of the +United States, arranging them in order, supplying deficiencies, correcting +incongruities, simplifying their language, and reporting them to Congress +for its action. + +An act of Congress approved 30th September, 1850, contained a provision for +the extension of the Capitol according to such plan as might be approved by +the President, and appropriated $100,000 to be expended under his direction +by such architect as he should appoint to execute the same. On examining +the various plans which had been submitted by different architects in +pursuance of an advertisement by a committee of the Senate no one was found +to be entirely satisfactory, and it was therefore deemed advisable to +combine and adopt the advantages of several. + +The great object to be accomplished was to make such an addition as would +afford ample and convenient halls for the deliberations of the two Houses +of Congress, with sufficient accommodations for spectators and suitable +apartments for the committees and officers of the two branches of the +Legislature. It was also desirable not to mar the harmony and beauty of the +present structure, which, as a specimen of architecture, is so universally +admired. Keeping these objects in view, I concluded to make the addition by +wings, detached from the present building, yet connected with it by +corridors. This mode of enlargement will leave the present Capitol +uninjured and afford great advantages for ventilation and the admission of +light, and will enable the work to progress without interrupting the +deliberations of Congress. To carry this plan into effect I have appointed +an experienced and competent architect. The corner stone was laid on the +4th day of July last with suitable ceremonies, since which time the work +has advanced with commendable rapidity, and the foundations of both wings +are now nearly complete. + +I again commend to your favorable regard the interests of the District of +Columbia, and deem it only necessary to remind you that although its +inhabitants have no voice in the choice of Representatives in Congress, +they are not the less entitled to a just and liberal consideration in your +legislation. My opinions on this subject were more fully expressed in my +last annual communication. + +Other subjects were brought to the attention of Congress in my last annual +message, to which I would respectfully refer. But there was one of more +than ordinary interest, to which I again invite your special attention. I +allude to the recommendation for the appointment of a commission to settle +private claims against the United States. Justice to individuals, as well +as to the Government, imperatively demands that some more convenient and +expeditious mode than an appeal to Congress should be adopted. + +It is deeply to be regretted that in several instances officers of the +Government, in attempting to execute the law for the return of fugitives +from labor, have been openly resisted and their efforts frustrated and +defeated by lawless and violent mobs; that in one case such resistance +resulted in the death of an estimable citizen, and in others serious injury +ensued to those officers and to individuals who were using their endeavors +to sustain the laws. Prosecutions have been instituted against the alleged +offenders so far as they could be identified, and are still pending. I have +regarded it as my duty in these cases to give all aid legally in my power +to the enforcement of the laws, and I shall continue to do so wherever and +whenever their execution may be resisted. + +The act of Congress for the return of fugitives from labor is one required +and demanded by the express words of the Constitution. The Constitution +declares that-- No person held to service or labor in one State, under the +laws thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall be +delivered up on claim of the party to whom such service or labor may be +due. This constitutional provision is equally obligatory upon the +legislative, the executive, and judicial departments of the Government, and +upon every citizen of the United States. + +Congress, however, must from necessity first act upon the subject by +prescribing the proceedings necessary to ascertain that the person is a +fugitive and the means to be used for his restoration to the claimant. This +was done by an act passed during the first term of President Washington, +which was amended by that enacted by the last Congress, and it now remains +for the executive and judicial departments to take care that these laws be +faithfully executed. This injunction of the Constitution is as peremptory +and as binding as any other; it stands exactly on the same foundation as +that clause which provides for the return of fugitives from justice, or +that which declares that no bill of attainder or ex post facto law shall be +passed, or that which provides for an equality of taxation according to the +census, or the clause declaring that all duties shall be uniform throughout +the United States, or the important provision that the trial of all crimes +shall be by jury. These several articles and clauses of the Constitution, +all resting on the same authority, must stand or fall together. Some +objections have been urged against the details of the act for the return of +fugitives from labor, but it is worthy of remark that the main opposition +is aimed against the Constitution itself, and proceeds from persons and +classes of persons many of whom declare their wish to see that Constitution +overturned. They avow their hostility to any law which shall give full and +practical effect to this requirement of the Constitution. Fortunately, the +number of these persons is comparatively small, and is believed to be daily +diminishing; but the issue which they present is one which involves the +supremacy and even the existence of the Constitution. + +Cases have heretofore arisen in which individuals have denied the binding +authority of acts of Congress, and even States have proposed to nullify +such acts upon the ground that the Constitution was the supreme law of the +land, and that those acts of Congress were repugnant to that instrument; +but nullification is now aimed not so much against particular laws as being +inconsistent with the Constitution as against the Constitution itself, and +it is not to be disguised that a spirit exists, and has been actively at +work, to rend asunder this Union, which is our cherished inheritance from +our Revolutionary fathers. + +In my last annual message I stated that I considered the series of measures +which had been adopted at the previous session in reference to the +agitation growing out of the Territorial and slavery questions as a final +settlement in principle and substance of the dangerous and exciting +subjects which they embraced, and I recommended adherence to the adjustment +established by those measures until time and experience should demonstrate +the necessity of further legislation to guard against evasion or abuse. I +was not induced to make this recommendation because I thought those +measures perfect, for no human legislation can be perfect. Wide differences +and jarring opinions can only be reconciled by yielding something on all +sides, and this result had been reached after an angry conflict of many +months, in which one part of the country was arrayed against another, and +violent convulsion seemed to be imminent. Looking at the interests of the +whole country, I felt it to be my duty to seize upon this compromise as the +best that could be obtained amid conflicting interests and to insist upon +it as a final settlement, to be adhered to by all who value the peace and +welfare of the country. A year has now elapsed since that recommendation +was made. To that recommendation I still adhere, and I congratulate you and +the country upon the general acquiescence in these measures of peace which +has been exhibited in all parts of the Republic. And not only is there this +general acquiescence in these measures, but the spirit of conciliation +which has been manifested in regard to them in all parts of the country has +removed doubts and uncertainties in the minds of thousands of good men +concerning the durability of our popular institutions and given renewed +assurance that our liberty and our Union may subsist together for the +benefit of this and all succeeding generations. + +*** + +State of the Union Address +Millard Fillmore +December 6, 1852 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The brief space which has elapsed since the close of your last session has +been marked by no extraordinary political event. The quadrennial election +of Chief Magistrate has passed off with less than the usual excitement. +However individuals and parties may have been disappointed in the result, +it is, nevertheless, a subject of national congratulation that the choice +has been effected by the independent suffrages of a free people, +undisturbed by those influences which in other countries have too often +affected the purity of popular elections. + +Our grateful thanks are due to an all-merciful Providence, not only for +staying the pestilence which in different forms has desolated some of our +cities, but for crowning the labors of the husbandman with an abundant +harvest and the nation generally with the blessings of peace and +prosperity. + +Within a few weeks the public mind has been deeply affected by the death of +Daniel Webster, filling at his decease the office of Secretary of State. +His associates in the executive government have sincerely sympathized with +his family and the public generally on this mournful occasion. His +commanding talents, his great political and professional eminence, his +well-tried patriotism, and his long and faithful services in the most +important public trusts have caused his death to be lamented throughout the +country and have earned for him a lasting place in our history. In the +course of the last summer considerable anxiety was caused for a short time +by an official intimation from the Government of Great Britain that orders +had been given for the protection of the fisheries upon the coasts of the +British provinces in North America against the alleged encroachments of the +fishing vessels of the United States and France. The shortness of this +notice and the season of the year seemed to make it a matter of urgent +importance. It was at first apprehended that an increased naval force had +been ordered to the fishing grounds to carry into effect the British +interpretation of those provisions in the convention of 1818 in reference +to the true intent of which the two Governments differ. It was soon +discovered that such was not the design of Great Britain, and satisfactory +explanations of the real objects of the measure have been given both here +and in London. + +The unadjusted difference, however, between the two Governments as to the +interpretation of the first article of the convention of 1818 is still a +matter of importance. American fishing vessels, within nine or ten years, +have been excluded from waters to which they had free access for +twenty-five years after the negotiation of the treaty. In 1845 this +exclusion was relaxed so far as concerns the Bay of Fundy, but the just and +liberal intention of the home Government, in compliance with what we think +the true construction of the convention, to open all the other outer bays +to our fishermen was abandoned in consequence of the opposition of the +colonies. Notwithstanding this, the United States have, since the Bay of +Fundy was reopened to our fishermen in 1845, pursued the most liberal +course toward the colonial fishing interests. By the revenue law of 1846 +the duties on colonial fish entering our ports were very greatly reduced, +and by the warehousing act it is allowed to be entered in bond without +payment of duty. In this way colonial fish has acquired the monopoly of the +export trade in our market and is entering to some extent into the home +consumption. These facts were among those which increased the sensibility +of our fishing interest at the movement in question. These circumstances +and the incidents above alluded to have led me to think the moment +favorable for a reconsideration of the entire subject of the fisheries on +the coasts of the British Provinces, with a view to place them upon a more +liberal footing of reciprocal privilege. A willingness to meet us in some +arrangement of this kind is understood to exist on the part of Great +Britain, with a desire on her part to include in one comprehensive +settlement as well this subject as the commercial intercourse between the +United States and the British Provinces. I have thought that, whatever +arrangements may be made on these two subjects, it is expedient that they +should be embraced in separate conventions. The illness and death of the +late Secretary of State prevented the commencement of the contemplated +negotiation. Pains have been taken to collect the information required for +the details of such an arrangement. The subject is attended with +considerable difficulty. If it is found practicable to come to an agreement +mutually acceptable to the two parties, conventions may be concluded in the +course of the present winter. The control of Congress over all the +provisions of such an arrangement affecting the revenue will of course be +reserved. + +The affairs of Cuba formed a prominent topic in my last annual message. +They remain in an uneasy condition, and a feeling of alarm and irritation +on the part of the Cuban authorities appears to exist. This feeling has +interfered with the regular commercial intercourse between the United +States and the island and led to some acts of which we have a fight to +complain. But the Captain-General of Cuba is clothed with no power to treat +with foreign governments, nor is he in any degree under the control of the +Spanish minister at Washington. Any communication which he may hold with an +agent of a foreign power is informal and matter of courtesy. Anxious to put +an end to the existing inconveniences (which seemed to rest on a +misconception), I directed the newly appointed minister to Mexico to visit +Havana on his way to Vera Cruz. He was respectfully received by the +Captain-General, who conferred with him freely on the recent occurrences, +but no permanent arrangement was effected. + +In the meantime the refusal of the Captain-Generalto allow passengers and +the mail to be landed in certain cases, for a reason which does not +furnish, in the opinion of this Government, even a good presumptive ground +for such prohibition, has been made the subject of a serious remonstrance +at Madrid, and I have no reason to doubt that due respect will be paid by +the Government of Her Catholic Majesty to the representations which our +minister has been instructed to make on the subject. + +It is but justice to the Captain-General to add that his conduct toward the +steamers employed to carry the mails of the United States to Havana has, +with the exceptions above alluded to, been marked with kindness and +liberality, and indicates no general purpose of interfering with the +commercial correspondence and intercourse between the island and this +country. + +Early in the present year official notes were received from the ministers +of France and England inviting the Government of the United States to +become a party with Great Britain and France to a tripartite convention, in +virtue of which the three powers should severally and collectively disclaim +now and for the future all intention to obtain possession of the island of +Cuba, and should bind themselves to discountenance all attempts to that +effect on the part of any power or individual whatever. This invitation has +been respectfully declined, for reasons which it would occupy too much +space in this communication to state in detail, but which led me to think +that the proposed measure would be of doubtful constitutionality, +impolitic, and unavailing. I have, however, in common with several of my +predecessors, directed the ministers of France and England to be assured +that the United States entertain no designs against Cuba, but that, on the +contrary, I should regard its incorporation into the Union at the present +time as fraught with serious peril. + +Were this island comparatively destitute of inhabitants or occupied by a +kindred race, I should regard it, if voluntarily ceded by Spain, as a most +desirable acquisition. But under existing circumstances I should look upon +its incorporation into our Union as a very hazardous measure. It would +bring into the Confederacy a population of a different national stock, +speaking a different language, and not likely to harmonize with the other +members. It would probably affect in a prejudicial manner the industrial +interests of the South, and it might revive those conflicts of opinion +between the different sections of the country which lately shook the Union +to its center, and which have been so happily compromised. + +The rejection by the Mexican Congress of the convention which had been +concluded between that Republic and the United States for the protection of +a transit way across the Isthmus of Tehuantepec and of the interests of +those citizens of the United States who had become proprietors of the +rights which Mexico had conferred on one of her own citizens in regard to +that transit has thrown a serious obstacle in the way of the attainment of +a very desirable national object. I am still willing to hope that the +differences on the subject which exist, or may hereafter arise, between the +Governments will be amicably adjusted. This subject, however, has already +engaged the attention of the Senate of the United States, and requires no +further comment in this communication. + +The settlement of the question respecting the port of San Juan de Nicaragua +and of the controversy between the Republics of Costa Rica and Nicaragua in +regard to their boundaries was considered indispensable to the commencement +of the ship canal between the two oceans, which was the subject of the +convention between the United States and Great Britain of the 19th of +April, 1850. Accordingly, a proposition for the same purposes, addressed to +the two Governments in that quarter and to the Mosquito Indians, was agreed +to in April last by the Secretary of State and the minister of Her +Britannic Majesty. Besides the wish to aid in reconciling the differences +of the two Republics, I engaged in the negotiation from a desire to place +the great work of a ship canal between the two oceans under one +jurisdiction and to establish the important port of San Juan de Nicaragua +under the government of a civilized power. The proposition in question was +assented to by Costs Rica and the Mosquito Indians. It has not proved +equally acceptable to Nicaragua, but it is to be hoped that the further +negotiations on the subject which are in train will be carried on in that +spirit of conciliation and compromise which ought always to prevail on such +occasions, and that they will lead to a satisfactory result. + +I have the satisfaction to inform you that the executive government of +Venezuela has acknowledged some claims of citizens of the United States +which have for many years past been urged by our charge' d'affaires at +Caracas. It is hoped that the same sense of justice will actuate the +Congress of that Republic in providing the means for their payment. + +The recent revolution in Buenos Ayres and the Confederated States having +opened the prospect of an improved state of things in that quarter, the +Governments of Great Britain and France determined to negotiate with the +chief of the new confederacy for the free access of their commerce to the +extensive countries watered by the tributaries of the La Plata; and they +gave a friendly notice of this purpose to the United States, that we might, +if we thought proper, pursue the same course. In compliance with this +invitation, our minister at Rio Janeiro and our charge' d'affaires at +Buenos Ayres have been fully authorized to conclude treaties with the newly +organized confederation or the States composing it. The delays which have +taken place in the formation of the new government have as yet prevented +the execution of those instructions, but there is every reason to hope that +these vast countries will be eventually opened to our commerce. + +A treaty of commerce has been concluded between the United States and the +Oriental Republic of Uruguay, which will be laid before the Senate. Should +this convention go into operation, it will open to the commercial +enterprise of our citizens a country of great extent and unsurpassed in +natural resources, but from which foreign nations have hitherto been almost +wholly excluded. + +The correspondence of the late Secretary of State with the Peruvian charge' +d'affaires relative to the Lobos Islands was communicated to Congress +toward the close of the last session. Since that time, on further +investigation of the subject, the doubts which had been entertained of the +title of Peru to those islands have been removed, and I have deemed it just +that the temporary wrong which had been unintentionally done her from want +of information should be repaired by an unreserved acknowledgment of her +sovereignty. + +I have the satisfaction to inform you that the course pursued by Peru has +been creditable to the liberality of her Government. Before it was known by +her that her title would be acknowledged at Washington, her minister of +foreign affairs had authorized our charge' d'affaires at Lima to announce +to the American vessels which had gone to the Lobos for guano that the +Peruvian Government was willing to freight them on its own account. This +intention has been carried into effect by the Peruvian minister here by an +arrangement which is believed to be advantageous to the parties in +interest. + +Our settlements on the shores of the Pacific have already given a great +extension, and in some respects a new direction, to our commerce in that +ocean. A direct and rapidly increasing intercourse has sprung up with +eastern Asia. The waters of the Northern Pacific, even into the Arctic Sea, +have of late years been frequented by our whalemen. The application of +steam to the general purposes of navigation is becoming daily more common, +and makes it desirable to obtain fuel and other necessary supplies at +convenient points on the route between Asia and our Pacific shores. Our +unfortunate countrymen who from time to time suffer shipwreck on the coasts +of the eastern seas are entitled to protection. Besides these specific +objects, the general prosperity of our States on the Pacific requires that +an attempt should be made to open the opposite regions of Asia to a +mutually beneficial intercourse. It is obvious that this attempt could be +made by no power to so great advantage as by the United States, whose +constitutional system excludes every idea of distant colonial dependencies. +I have accordingly been led to order an appropriate naval force to Japan, +under the command of a discreet and intelligent officer of the highest rank +known to our service. He is instructed to endeavor to obtain from the +Government of that country some relaxation of the inhospitable and +antisocial system which it has pursued for about two centuries. He has been +directed particularly to remonstrate in the strongest language against the +cruel treatment to which our shipwrecked mariners have often been subjected +and to insist that they shall be treated with humanity. He is instructed, +however, at the same time, to give that Government the amplest assurances +that the objects of the United States are such, and such only, as I have +indicated, and that the expedition is friendly and peaceful. +Notwithstanding the jealousy with which the Governments of eastern Asia +regard all overtures from foreigners, I am not without hopes of a +beneficial result of the expedition. Should it be crowned with success, the +advantages will not be confined to the United States, but, as in the case +of China, will be equally enjoyed by all the other maritime powers. I have +much satisfaction in stating that in all the steps preparatory to this +expedition the Government of the United States has been materially aided by +the good offices of the King of the Netherlands, the only European power +having any commercial relations with Japan. + +In passing from this survey of our foreign relations, I invite the +attention of Congress to the condition of that Department of the Government +to which this branch of the public business is intrusted. Our intercourse +with foreign powers has of late years greatly increased, both in +consequence of our own growth and the introduction of many new states into +the family of nations. In this way the Department of State has become +overburdened. It has by the recent establishment of the Department of the +Interior been relieved of some portion of the domestic business. If the +residue of the business of that kind--such as the distribution of +Congressional documents, the keeping, publishing, and distribution of the +laws of the United States, the execution of the copyright law, the subject +of reprieves and pardons, and some other subjects relating to interior +administration--should be transferred from the Department of State, it +would unquestionably be for the benefit of the public service. I would also +suggest that the building appropriated to the State Department is not +fireproof; that there is reason to think there are defects in its +construction, and that the archives of the Government in charge of the +Department, with the precious collections of the manuscript papers of +Washington, Jefferson, Hamilton, Madison, and Monroe, are exposed to +destruction by fire. A similar remark may be made of the buildings +appropriated to the War and Navy Departments. + +The condition of the Treasury is exhibited in the annual report from that +Department. + +The cash receipts into the Treasury for the fiscal year ending the 30th +June last, exclusive of trust funds, were $49,728,386.89, and the +expenditures for the same period, likewise exclusive of trust funds, were +$46,007,896.20, of which $9,455,815.83 was on account of the principal and +interest of the public debt, including the last installment of the +indemnity to Mexico under the treaty of Guadalupe Hidalgo, leaving a +balance of $14,632,136.37 in the Treasury on the 1st day of July last. +Since this latter period further purchases of the principal of the public +debt have been made to the extent of $2,456,547.49, and the surplus in the +Treasury will continue to be applied to that object whenever the stock can +be procured within the limits as to price authorized by law. + +The value of foreign merchandise imported during the last fiscal year was +$207,240,101, and the value of domestic productions exported was +$149,861,911, besides $17,204,026 of foreign merchandise exported, making +the aggregate of the entire exports $167,065,937. Exclusive of the above, +there was exported $42,507,285 in specie, and imported from foreign ports +$5,262,643. + +In my first annual message to Congress I called your attention to what +seemed to me some defects in the present tariff, and recommended such +modifications as in my judgment were best adapted to remedy its evils and +promote the prosperity of the country. Nothing has since occurred to change +my views on this important question. + +Without repeating the arguments contained in my former message in favor of +discriminating protective duties, I deem it my duty to call your attention +to one or two other considerations affecting this subject. The first is the +effect of large importations of foreign goods upon our currency. Most of +the gold of California, as fast as it is coined, finds its way directly to +Europe in payment for goods purchased. In the second place, as our +manufacturing establishments are broken down by competition with +foreigners, the capital invested in them is lost, thousands of honest and +industrious citizens are thrown out of employment, and the farmer, to that +extent, is deprived of a home market for the sale of his surplus produce. +In the third place, the destruction of our manufactures leaves the +foreigner without competition in our market, and he consequently raises the +price of the article sent here for sale, as is now seen in the increased +cost of iron imported from England. The prosperity and wealth of every +nation must depend upon its productive industry. The farmer is stimulated +to exertion by finding a ready market for his surplus products, and +benefited by being able to exchange them without loss of time or expense of +transportation for the manufactures which his comfort or convenience +requires. This is always done to the best advantage where a portion of the +community in which he lives is engaged in other pursuits. But most +manufactures require an amount of capital and a practical skill which can +not be commanded unless they be protected for a time from ruinous +competition from abroad. Hence the necessity of laying those duties upon +imported goods which the Constitution authorizes for revenue in such a +manner as to protect and encourage the labor of our own citizens. Duties, +however, should not be fixed at a rate so high as to exclude the foreign +article, but should be so graduated as to enable the domestic manufacturer +fairly to compete with the foreigner in our own markets, and by this +competition to reduce the price of the manufactured article to the consumer +to the lowest rate at which it can be produced. This policy would place the +mechanic by the side of the farmer, create a mutual interchange of their +respective commodities, and thus stimulate the industry of the whole +country and render us independent of foreign nations for the supplies +required by the habits or necessities of the people. + +Another question, wholly independent of protection, presents itself, and +that is, whether the duties levied should be upon the value of the article +at the place of shipment, or, where it is practicable, a specific duty, +graduated according to quantity, as ascertained by weight or measure. All +our duties are at present ad valorem. A certain percentage is levied on the +price of the goods at the port of shipment in a foreign country. Most +commercial nations have found it indispensable, for the purpose of +preventing fraud and perjury, to make the duties specific whenever the +article is of such a uniform value in weight or measure as to justify such +a duty. Legislation should never encourage dishonesty or crime. It is +impossible that the revenue officers at the port where the goods are +entered and the duties paid should know with certainty what they cost in +the foreign country. Yet the law requires that they should levy the duty +according to such cost. They are therefore compelled to resort to very +unsatisfactory evidence to ascertain what that cost was. They take the +invoice of the importer, attested by his oath, as the best evidence of +which the nature of the case admits. But everyone must see that the invoice +may be fabricated and the oath by which it is supported false, by reason of +which the dishonest importer pays a part only of the duties which are paid +by the honest one, and thus indirectly receives from the Treasury of the +United States a reward for his fraud and perjury. The reports of the +Secretary of the Treasury heretofore made on this subject show conclusively +that these frauds have been practiced to a great extent. The tendency is to +destroy that high moral character for which our merchants have long been +distinguished, to defraud the Government of its revenue, to break down the +honest importer by a dishonest competition, and, finally, to transfer the +business of importation to foreign and irresponsible agents, to the great +detriment of our own citizens. I therefore again most earnestly recommend +the adoption of specific duties wherever it is practicable, or a home +valuation, to prevent these frauds. + +I would also again call your attention to the fact that the present tariff +in some cases imposes a higher duty upon the raw material imported than +upon the article manufactured from it, the consequence of which is that the +duty operates to the encouragement of the foreigner and the discouragement +of our own citizens. + +For full and detailed information in regard to the general condition of our +Indian affairs, I respectfully refer you to the report of the Secretary of +the Interior and the accompanying documents. + +The Senate not having thought proper to ratify the treaties which have been +negotiated with the tribes of Indians in California and Oregon, our +relations with them have been left in a very unsatisfactory condition. + +In other parts of our territory particular districts of country have been +set apart for the exclusive occupation of the Indians, and their right to +the lands within those limits has been acknowledged and respected. But in +California and Oregon there has been no recognition by the Government of +the exclusive right of the Indians to any part of the country. They are +therefore mere tenants at sufferance, and liable to be driven from place to +place at the pleasure of the whites. + +The treaties which have been rejected proposed to remedy this evil by +allotting to the different tribes districts of country suitable to their +habits of life and sufficient for their support. This provision, more than +any other, it is believed, led to their rejection; and as no substitute for +it has been adopted by Congress, it has not been deemed advisable to +attempt to enter into new treaties of a permanent character, although no +effort has been spared by temporary arrangements to preserve friendly +relations with them. + +If it be the desire of Congress to remove them from the country altogether, +or to assign to them particular districts more remote from the settlements +of the whites, it will be proper to set apart by law the territory which +they are to occupy and to provide the means necessary for removing them to +it. Justice alike to our own citizens and to the Indians requires the +prompt action of Congress on this subject. The amendments proposed by the +Senate to the treaties which were negotiated with the Sioux Indians of +Minnesota have been submitted to the tribes who were parties to them, and +have received their assent. A large tract of valuable territory has thus +been opened for settlement and cultivation, and all danger of collision +with these powerful and warlike bands has been happily removed. + +The removal of the remnant of the tribe of Seminole Indians from Florida +has long been a cherished object of the Government, and it is one to which +my attention has been steadily directed. Admonished by past experience of +the difficulty and cost of the attempt to remove them by military force, +resort has been had to conciliatory measures. By the invitation of the +Commissioner of Indian Affairs, several of the principal chiefs recently +visited Washington, and whilst here acknowledged in writing the obligation +of their tribe to remove with the least possible delay. Late advices from +the special agent of the Government represent that they adhere to their +promise, and that a council of their people has been called to make their +preliminary arrangements. A general emigration may therefore be confidently +expected at an early day. + +The report from the General Land Office shows increased activity in its +operations. The survey of the northern boundary of Iowa has been completed +with unexampled dispatch. Within the last year 9,522,953 acres of public +land have been surveyed and 8,032,463 acres brought into market. + +Acres In the last fiscal year there were sold 1,553,071 Located with +bounty-land warrants 3,201,314 Located with other certificates 115,682 +Making a total of 4,870,067 + +In addition there were-- Reported under swamp-land grants 5,219,188 For +internal improvements, railroads, etc 3,025,920 Making an aggregate of +13,115,175 Being an increase of the amount sold and located under land +warrants of 569,220 acres over the previous year. The whole amount thus +sold, located under land warrants, reported under swamp-land grants, and +selected for internal improvements exceeds that of the previous year by +3,342,372 acres; and the sales would without doubt have been much larger +but for the extensive reservations for railroads in Missouri, Mississippi, +and Alabama. + +Acres For the quarter ending 30th September, 1852, there were sold 243,255 +Located with bounty-land warrants 1,387,116 Located with other certificates +15,649 Reported under swamp-land grants 2,485,233 Making an aggregate for +the quarter of 4,131,253 + +Much the larger portion of the labor of arranging and classifying the +returns of the last census has been finished, and it will now devolve upon +Congress to make the necessary provision for the publication of the results +in such form as shall be deemed best. The apportionment of representation +on the basis of the new census has been made by the Secretary of the +Interior in conformity with the provisions of law relating to that subject, +and the recent elections have been made in accordance with it. + +I commend to your favorable regard the suggestion contained in the report +of the Secretary of the Interior that provision be made by law for the +publication and distribution, periodically, of an analytical digest of all +the patents which have been or may hereafter be granted for useful +inventions and discoveries, with such descriptions and illustrations as may +be necessary to present an intelligible view of their nature and operation. +The cost of such publication could easily be defrayed out of the patent +fund, and I am persuaded that it could be applied to no object more +acceptable to inventors and beneficial to the public at large. + +An appropriation of $100,000 having been made at the last session for the +purchase of a suitable site and for the erection, furnishing, and fitting +up of an asylum for the insane of the District of Columbia and of the Army +and Navy of the United States, the proper measures have been adopted to +carry this beneficent purpose into effect. + +By the latest advices from the Mexican boundary commission it appears that +the survey of the river Gila from its continence with the Colorado to its +supposed intersection with the western line of New Mexico has been +completed. The survey of the Rio Grande has also been finished from the +point agreed on by the commissioners as "the point where it strikes the +southern boundary of New Mexico" to a point 135 miles below Eagle Pass, +which is about two-thirds of the distance along the course of the river to +its mouth. + +The appropriation which was made at the last session of Congress for the +continuation of the survey is subject to the following proviso: Provided, +That no part of this appropriation shall be used or expended until it shall +be made satisfactorily to appear to the President of the United States that +the southern boundary of New Mexico is not established by the commissioner +and surveyor of the United States farther north of the town called "Paso" +than the same is laid down in Disturnell's map, which is added to the +treaty. + +My attention was drawn to this subject by a report from the Department of +the Interior, which reviewed all the facts of the case and submitted for my +decision the question whether under existing circumstances any part of the +appropriation could be lawfully used or expended for the further +prosecution of the work. After a careful consideration of the subject I +came to the conclusion that it could not, and so informed the head of that +Department. Orders were immediately issued by him to the commissioner and +surveyor to make no further requisitions on the Department, as they could +not be paid, and to discontinue all operations on the southern line of New +Mexico. But as the Department had no exact information as to the amount of +provisions and money which remained unexpended in the hands of the +commissioner and surveyor, it was left discretionary with them to continue +the survey down the Rio Grande as far as the means at their disposal would +enable them or at once to disband the commission. A special messenger has +since arrived from the officer in charge of the survey on the river with +information that the funds subject to his control were exhausted and that +the officers and others employed in the service were destitute alike of the +means of prosecuting the work and of returning to their homes. + +The object of the proviso was doubtless to arrest the survey of the +southern and western lines of New Mexico, in regard to which different +opinions have been expressed; for it is hardly to be supposed that there +could be any objection to that part of the line which extends along the +channel of the Rio Grande. But the terms of the law are so broad as to +forbid the use of any part of the money for the prosecution of the work, or +even for the payment to the officers and agents of the arrearages of pay +which are justly due to them. + +I earnestly invite your prompt attention to this subject, and recommend a +modification of the terms of the proviso, so as to enable the Department to +use as much of the appropriation as will be necessary to discharge the +existing obligations of the Government and to complete the survey of the +Rio Grande to its mouth. + +It will also be proper to make further provision by law for the fulfillment +of our treaty with Mexico for running and marking the residue of the +boundary line between the two countries. + +Permit me to invite your particular attention to the interests of the +District of Columbia, which are confided by the Constitution to your +peculiar care. + +Among the measures which seem to me of the greatest importance to its +prosperity are the introduction of a copious supply of water into the city +of Washington and the construction of suitable bridges across the Potomac +to replace those which were destroyed by high water in the early part of +the present year. + +At the last session of Congress an appropriation was made to defray the +cost of the surveys necessary for determining the best means of affording +an unfailing supply of good and wholesome water. Some progress has been +made in the survey, and as soon as it is completed the result will be laid +before you. + +Further appropriations will also be necessary for grading and paving the +streets and avenues and inclosing and embellishing the public grounds +within the city of Washington. + +I commend all these objects, together with the charitable institutions of +the District, to your favorable regard. Every effort has been made to +protect our frontier and that of the adjoining Mexican States from the +incursions of the Indian tribes. Of about 11,000 men of which the Army is +composed, nearly 8,000 are employed in the defense of the newly acquired +territory (including Texas) and of emigrants proceeding thereto. I am +gratified to say that these efforts have been unusually successful. With +the exception of some partial outbreaks in California and Oregon and +occasional depredations on a portion of the Rio Grande, owing, it is +believed, to the disturbed state of that border region, the inroads of the +Indians have been effectually restrained. + +Experience has shown, however, that whenever the two races are brought into +contact collisions will inevitably occur. To prevent these collisions the +United States have generally set apart portions of their territory for the +exclusive occupation of the Indian tribes. A difficulty occurs, however, in +the application of this policy to Texas. By the terms of the compact by +which that State was admitted into the Union she retained the ownership of +all the vacant lands within her limits. The government of that State, it is +understood, has assigned no portion of her territory to the Indians, but as +fast as her settlements advance lays it off into counties and proceeds to +survey and sell it. This policy manifestly tends not only to alarm and +irritate the Indians, but to compel them to resort to plunder for +subsistence. It also deprives this Government of that influence and control +over them without which no durable peace can ever exist between them and +the whites. I trust, therefore, that a due regard for her own interests, +apart from considerations of humanity and justice, will induce that State +to assign a small portion of her vast domain for the provisional occupancy +of the small remnants of tribes within her borders, subject, of course, to +her ownership and eventual jurisdiction. If she should fail to do this, the +fulfillment of our treaty stipulations with Mexico and our duty to the +Indians themselves will, it is feared, become a subject of serious +embarrassment to the Government. It is hoped, however, that a timely and +just provision by Texas may avert this evil. + +No appropriations for fortifications were made at the two last sessions of +Congress. The cause of this omission is probably to be found in a growing +belief that the system of fortifications adopted in 1816, and heretofore +acted on, requires revision. + +The subject certainly deserves full and careful investigation, but it +should not be delayed longer than can be avoided. In the meantime there are +certain works which have been commenced, some of them nearly completed, +designed to protect our principal seaports from Boston to New Orleans and a +few other important points. In regard to the necessity for these works, it +is believed that little difference of opinion exists among military men. I +therefore recommend that the appropriations necessary to prosecute them be +made. + +I invite your attention to the remarks on this subject and on others +connected with his Department contained in the accompanying report of the +Secretary of War. + +Measures have been taken to carry into effect the law of the last session +making provision for the improvement of certain rivers and harbors, and it +is believed that the arrangements made for that purpose will combine +efficiency with economy. Owing chiefly to the advanced season when the act +was passed, little has yet been done in regard to many of the works beyond +making the necessary preparations. With respect to a few of the +improvements, the sums already appropriated will suffice to complete them; +but most of them will require additional appropriations. I trust that these +appropriations will be made, and that this wise and beneficent policy, so +auspiciously resumed, will be continued. Great care should be taken, +however, to commence no work which is not of sufficient importance to the +commerce of the country to be viewed as national in its character. But +works which have been commenced should not be discontinued until completed, +as otherwise the sums expended will in most cases be lost. + +The report from the Navy Department will inform you of the prosperous +condition of the branch of the public service committed to its charge. It +presents to your consideration many topics and suggestions of which I ask +your approval. It exhibits an unusual degree of activity in the operations +of the Department during the past year. The preparations for the Japan +expedition, to which I have already alluded; the arrangements made for the +exploration and survey of the China Seas, the Northern Pacific, and +Behrings Straits; the incipient measures taken toward a reconnoissance of +the continent of Africa eastward of Liberia; the preparation for an early +examination of the tributaries of the river La Plata, which a recent decree +of the provisional chief of the Argentine Confederation has opened to +navigation--all these enterprises and the means by which they are proposed +to be accomplished have commanded my full approbation, and I have no doubt +will be productive of most useful results. + +Two officers of the Navy were heretofore instructed to explore the whole +extent of the Amazon River from the confines of Peru to its mouth. The +return of one of them has placed in the possession of the Government an +interesting and valuable account of the character and resources of a +country abounding in the materials of commerce, and which if opened to the +industry of the world will prove an inexhaustible fund of wealth. The +report of this exploration will be communicated to you as soon as it is +completed. + +Among other subjects offered to your notice by the Secretary of the Navy, I +select for special commendation, in view of its connection with the +interests of the Navy, the plan submitted by him for the establishment of a +permanent corps of seamen and the suggestions he has presented for the +reorganization of the Naval Academy. + +In reference to the first of these, I take occasion to say that I think it +will greatly improve the efficiency of the service, and that I regard it as +still more entitled to favor for the salutary influence it must exert upon +the naval discipline, now greatly disturbed by the increasing spirit of +insubordination resulting from our present system. The plan proposed for +the organization of the seamen furnishes a judicious substitute for the law +of September, 1850, abolishing corporal punishment, and satisfactorily +sustains the policy of that act under conditions well adapted to maintain +the authority of command and the order and security of our ships. It is +believed that any change which proposes permanently to dispense with this +mode of punishment should be preceded by a system of enlistment which shall +supply the Navy with seamen of the most meritorious class, whose good +deportment and pride of character may preclude all occasion for a resort to +penalties of a harsh or degrading nature. The safety of a ship and her crew +is often dependent upon immediate obedience to a command, and the authority +to enforce it must be equally ready. The arrest of a refractory seaman in +such moments not only deprives the ship of indispensable aid, but imposes a +necessity for double service on others, whose fidelity to their duties may +be relied upon in such an emergency. The exposure to this increased and +arduous labor since the passage of the act of 1850 has already had, to a +most observable and injurious extent, the effect of preventing the +enlistment of the best seamen in the Navy. The plan now suggested is +designed to promote a condition of service in which this objection will no +longer exist. The details of this plan may be established in great part, if +not altogether, by the Executive under the authority of existing laws, but +I have thought it proper, in accordance with the suggestion of the +Secretary of the Navy, to submit it to your approval. + +The establishment of a corps of apprentices for the Navy, or boys to be +enlisted until they become of age, and to be employed under such +regulations as the Navy Department may devise, as proposed in the report, I +cordially approve and commend to your consideration; and I also concur in +the suggestion that this system for the early training of seamen may be +most usefully ingrafted upon the service of our merchant marine. The other +proposition of the report to which I have referred--the reorganization of +the Naval Academy--I recommend to your attention as a project worthy of +your encouragement and support. The valuable services already rendered by +this institution entitle it to the continuance of your fostering care. + +Your attention is respectfully called to the report of the Postmaster +General for the detailed operation of his Department during the last fiscal +year, from which it will be seen that the receipts from postages for that +time were less by $1,431,696 than for the preceding fiscal year, being a +decrease of about 23 per cent. + +This diminution is attributable to the reduction in the rates of postage +made by the act of March 3, 1851, which reduction took effect at the +commencement of the last fiscal year. + +Although in its operation during the last year the act referred to has not +fulfilled the predictions of its friends by increasing the correspondence +of the country in proportion to the reduction of postage, I should, +nevertheless, question the policy of returning to higher rates. Experience +warrants the expectation that as the community becomes accustomed to cheap +postage correspondence will increase. It is believed that from this cause +and from the rapid growth of the country in population and business the +receipts of the Department must ultimately exceed its expenses, and that +the country may safely rely upon the continuance of the present cheap rate +of postage. + +In former messages I have, among other things, respectfully recommended to +the consideration of Congress the propriety and necessity of further +legislation for the protection and punishment of foreign consuls residing +in the United States; to revive, with certain modifications, the act of +10th March, 1838, to restrain unlawful military expeditions against the +inhabitants of conterminous states or territories; for the preservation and +protection from mutilation or theft of the papers, records, and archives of +the nation; for authorizing the surplus revenue to be applied to the +payment of the public debt in advance of the time when it will become due; +for the establishment of land offices for the sale of the public lands in +California and the Territory of Oregon; for the construction of a road from +the Mississippi Valley to the Pacific Ocean; for the establishment of a +bureau of agriculture for the promotion of that interest, perhaps the most +important in the country; for the prevention of frauds upon the Government +in applications for pensions and bounty lands; for the establishment of a +uniform fee bill, prescribing a specific compensation for every service +required of clerks, district attorneys, and marshals; for authorizing an +additional regiment of mounted men for the defense of our frontiers against +the Indians and for fulfilling our treaty stipulations with Mexico to +defend her citizens against the Indians "with equal diligence and energy as +our own;" for determining the relative rank between the naval and civil +officers in our public ships and between the officers of the Army and Navy +in the various grades of each; for reorganizing the naval establishment by +fixing the number of officers in each grade, and providing for a retired +list upon reduced pay of those unfit for active duty; for prescribing and +regulating punishments in the Navy; for the appointment of a commission to +revise the public statutes of the United States by arranging them in order, +supplying deficiencies, correcting incongruities, simplifying their +language, and reporting them to Congress for its final action; and for the +establishment of a commission to adjudicate and settle private claims +against the United States. I am not aware, however, that any of these +subjects have been finally acted upon by Congress. Without repeating the +reasons for legislation on these subjects which have been assigned in +former messages, I respectfully recommend them again to your favorable +consideration. + +I think it due to the several Executive Departments of this Government to +bear testimony to the efficiency and integrity with which they are +conducted. With all the careful superintendence which it is possible for +the heads of those Departments to exercise, still the due administration +and guardianship of the public money must very much depend on the +vigilance, intelligence, and fidelity of the subordinate officers and +clerks, and especially on those intrusted with the settlement and +adjustment of claims and accounts. I am gratified to believe that they have +generally performed their duties faithfully and well. They are appointed to +guard the approaches to the public Treasury, and they occupy positions that +expose them to all the temptations and seductions which the cupidity of +peculators and fraudulent claimants can prompt them to employ. It will be +but a wise precaution to protect the Government against that source of +mischief and corruption, as far as it can be done, by the enactment of all +proper legal penalties. The laws in this respect are supposed to be +defective, and I therefore deem it my duty to call your attention to the +subject and to recommend that provision be made by law for the punishment +not only of those who shall accept bribes, but also of those who shall +either promise, give, or offer to give to any of those officers or clerks a +bribe or reward touching or relating to any matter of their official action +or duty. + +It has been the uniform policy of this Government, from its foundation to +the present day, to abstain from all interference in the domestic affairs +of other nations. The consequence has been that while the nations of Europe +have been engaged in desolating wars our country has pursued its peaceful +course to unexampled prosperity and happiness. The wars in which we have +been compelled to engage in defense of the rights and honor of the country +have been, fortunately, of short duration. During the terrific contest of +nation against nation which succeeded the French Revolution we were enabled +by the wisdom and firmness of President Washington to maintain our +neutrality. While other nations were drawn into this wide-sweeping +whirlpool, we sat quiet and unmoved upon our own shores. While the flower +of their numerous armies was wasted by disease or perished by hundreds of +thousands upon the battlefield, the youth of this favored land were +permitted to enjoy the blessings of peace beneath the paternal roof. While +the States of Europe incurred enormous debts, under the burden of which +their subjects still groan, and which must absorb no small part of the +product of the honest industry of those countries for generations to come, +the United States have once been enabled to exhibit the proud spectacle of +a nation free from public debt, and if permitted to pursue our prosperous +way for a few years longer in peace we may do the same again. + +But it is now said by some that this policy must be changed. Europe is no +longer separated from us by a voyage of months, but steam navigation has +brought her within a few days' sail of our shores. We see more of her +movements and take a deeper interest in her controversies. Although no one +proposes that we should join the fraternity of potentates who have for ages +lavished the blood and treasure of their subjects in maintaining "the +balance of power," yet it is said that we ought to interfere between +contending sovereigns and their subjects for the purpose of overthrowing +the monarchies of Europe and establishing in their place republican +institutions. It is alleged that we have heretofore pursued a different +course from a sense of our weakness, but that now our conscious strength +dictates a change of policy, and that it is consequently our duty to mingle +in these contests and aid those who are struggling for liberty. + +This is a most seductive but dangerous appeal to the generous sympathies of +freemen. Enjoying, as we do, the blessings of a free Government, there is +no man who has an American heart that would not rejoice to see these +blessings extended to all other nations. We can not witness the struggle +between the oppressed and his oppressor anywhere without the deepest +sympathy for the former and the most anxious desire for his triumph. +Nevertheless, is it prudent or is it wise to involve ourselves in these +foreign wars? Is it indeed true that we have heretofore refrained from +doing so merely from the degrading motive of a conscious weakness? For the +honor of the patriots who have gone before us, I can not admit it. Men of +the Revolution, who drew the sword against the oppressions of the mother +country and pledged to Heaven "their lives, their fortunes, and their +sacred honor" to maintain their freedom, could never have been actuated by +so unworthy a motive. They knew no weakness or fear where right or duty +pointed the way, and it is a libel upon their fair fame for us, while we +enjoy the blessings for which they so nobly fought and bled, to insinuate +it. The truth is that the course which they pursued was dictated by a stern +sense of international justice, by a statesmanlike prudence and a +far-seeing wisdom, looking not merely to the present necessities but to the +permanent safety and interest of the country. They knew that the world is +governed less by sympathy than by reason and force; that it was not +possible for this nation to become a "propagandist" of free principles +without arraying against it the combined powers of Europe, and that the +result was more likely to be the overthrow of republican liberty here than +its establishment there. History has been written in vain for those who can +doubt this. France had no sooner established a republican form of +government than she manifested a desire to force its blessings on all the +world. Her own historian informs us that, hearing of some petty acts of +tyranny in a neighboring principality, "the National Convention declared +that she would afford succor and fraternity to all nations who wished to +recover their liberty, and she gave it in charge to the executive power to +give orders to the generals of the French armies to aid all citizens who +might have been or should be oppressed in the cause of liberty." Here was +the false step which led to her subsequent misfortunes. She soon found +herself involved in war with all the rest of Europe. In less than ten years +her Government was changed from a republic to an empire, and finally, after +shedding rivers of blood, foreign powers restored her exiled dynasty and +exhausted Europe sought peace and repose in the unquestioned ascendency of +monarchical principles. Let us learn wisdom from her example. Let us +remember that revolutions do not always establish freedom. Our own free +institutions were not the offspring of our Revolution. They existed before. +They were planted in the free charters of self-government under which the +English colonies grew up, and our Revolution only freed us from the +dominion of a foreign power whose government was at variance with those +institutions. But European nations have had no such training for +self-government, and every effort to establish it by bloody revolutions has +been, and must without that preparation continue to be, a failure. Liberty +unregulated by law degenerates into anarchy, which soon becomes the most +horrid of all despotisms. Our policy is wisely to govern ourselves, and +thereby to set such an example of national justice, prosperity, and true +glory as shall teach to all nations the blessings of self-government and +the unparalleled enterprise and success of a free people. + +We live in an age of progress, and ours is emphatically a country of +progress. Within the last half century the number of States in this Union +has nearly doubled, the population has almost quadrupled, and our +boundaries have been extended from the Mississippi to the Pacific. Our +territory is checkered over with railroads and furrowed with canals. The +inventive talent of our country is excited to the highest pitch, and the +numerous applications for patents for valuable improvements distinguish +this age and this people from all others. The genius of one American has +enabled our commerce to move against wind and tide and that of another has +annihilated distance in the transmission of intelligence. The whole country +is full of enterprise. Our common schools are diffusing intelligence among +the people and our industry is fast accumulating the comforts and luxuries +of life. This is in part owing to our peculiar position, to our fertile +soil and comparatively sparse population; but much of it is also owing to +the popular institutions under which we live, to the freedom which every +man feels to engage in any useful pursuit according to his taste or +inclination, and to the entire confidence that his person and property will +be protected by the laws. But whatever may be the cause of this +unparalleled growth in population, intelligence, and wealth, one tiring is +clear--that the Government must keep pace with the progress of the people. +It must participate in their spirit of enterprise, and while it exacts +obedience to the laws and restrains all unauthorized invasions of the +rights of neighboring states, it should foster and protect home industry +and lend its powerful strength to the improvement of such means of +intercommunication as are necessary to promote our internal commerce and +strengthen the ties which bind us together as a people. + +It is not strange, however much it may be regretted, that such an +exuberance of enterprise should cause some individuals to mistake change +for progress and the invasion of the rights of others for national prowess +and glory. The former are constantly agitating for some change in the +organic law, or urging new and untried theories of human rights. The latter +are ever ready to engage in any wild crusade against a neighboring people, +regardless of the justice of the enterprise and without looking at the +fatal consequences to ourselves and to the cause of popular government. +Such expeditions, however, are often stimulated by mercenary individuals, +who expect to share the plunder or profit of the enterprise without +exposing themselves to danger, and are led on by some irresponsible +foreigner, who abuses the hospitality of our own Government by seducing the +young and ignorant to join in his scheme of personal ambition or revenge +under the false and delusive pretense of extending the area of freedom. +These reprehensible aggressions but retard the true progress of our nation +and tarnish its fair fame. They should therefore receive the indignant +frowns of every good citizen who sincerely loves his country and takes a +pride in its prosperity and honor. Our Constitution, though not perfect, is +doubtless the best that ever was formed. Therefore let every proposition to +change it be well weighed and, if found beneficial, cautiously adopted. +Every patriot will rejoice to see its authority so exerted as to advance +the prosperity and honor of the nation, whilst he will watch with jealousy +any attempt to mutilate this charter of our liberties or pervert its powers +to acts of aggression or injustice. Thus shall conservatism and progress +blend their harmonious action in preserving the form and spirit of the +Constitution and at the same time carry forward the great improvements of +the country with a rapidity and energy which freemen only can display. + +In closing this my last annual communication, permit me, fellow-citizens, +to congratulate you on the prosperous condition of our beloved country. +Abroad its relations with all foreign powers are friendly, its rights are +respected, and its high place in the family of nations cheerfully +recognized. At home we enjoy an amount of happiness, public and private, +which has probably never fallen to the lot of any other people. Besides +affording to our own citizens a degree of prosperity of which on so large a +scale I know of no other instance, our country is annually affording a +refuge and a home to multitudes, altogether without example, from the Old +World. + +We owe these blessings, under Heaven, to the happy Constitution and +Government which were bequeathed to us by our fathers, and which it is our +sacred duty to transmit in all their integrity to our children. We must all +consider it a great distinction and privilege to have been chosen by the +people to bear a part in the administration of such a Government. Called by +an unexpected dispensation to its highest trust at a season of +embarrassment and alarm, I entered upon its arduous duties with extreme +diffidence. I claim only to have discharged them to the best of an humble +ability, with a single eye to the public good, and it is with devout +gratitude in retiring from office that I leave the country in a state of +peace and prosperity. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY MILLARD FILLMORE *** + +This file should be named sufil10.txt or sufil10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, sufil11.txt +VERSIONS based on separate sources get new LETTER, sufil10a.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 Millard Fillmore + +Author: Millard Fillmore + +Release Date: February, 2004 [EBook #5021] +[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 MILLARD FILLMORE *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by Millard Fillmore in this eBook: + December 2, 1850 + December 2, 1851 + December 6, 1852 + + + +*** + +State of the Union Address +Millard Fillmore +December 2, 1850 + +Fellow-Citizens of the Senate and of the House of Representatives: + +Being suddenly called in the midst of the last session of Congress by a +painful dispensation of Divine Providence to the responsible station which +I now hold, I contented myself with such communications to the Legislature +as the exigency of the moment seemed to require. The country was shrouded +in mourning for the loss of its venerable Chief Magistrate and all hearts +were penetrated with grief. Neither the time nor the occasion appeared to +require or to justify on my part any general expression of political +opinions or any announcement of the principles which would govern me in the +discharge of the duties to the performance of which I had been so +unexpectedly called. I trust, therefore, that it may not be deemed +inappropriate if I avail myself of this opportunity of the reassembling of +Congress to make known my sentiments in a general manner in regard to the +policy which ought to be pursued by the Government both in its intercourse +with foreign nations and its management and administration of internal +affairs. + +Nations, like individuals in a state of nature, are equal and independent, +possessing certain rights and owing certain duties to each other, arising +from their necessary and unavoidable relations; which rights and duties +there is no common human authority to protect and enforce. Still, they are +rights and duties, binding in morals, in conscience, and in honor, although +there is no tribunal to which an injured party can appeal but the +disinterested judgment of mankind, and ultimately the arbitrament of the +sword. + +Among the acknowledged rights of nations is that which each possesses of +establishing that form of government which it may deem most conducive to +the happiness and prosperity of its own citizens, of changing that form as +circumstances may require, and of managing its internal affairs according +to its own will. The people of the United States claim this right for +themselves, and they readily concede it to others. Hence it becomes an +imperative duty not to interfere in the government or internal policy of +other nations; and although we may sympathize with the unfortunate or the +oppressed everywhere in their struggles for freedom, our principles forbid +us from taking any part in such foreign contests. We make no wars to +promote or to prevent successions to thrones, to maintain any theory of a +balance of power, or to suppress the actual government which any country +chooses to establish for itself. We instigate no revolutions, nor suffer +any hostile military expeditions to be fitted out in the United States to +invade the territory or provinces of a friendly nation. The great law of +morality ought to have a national as well as a personal and individual +application. We should act toward other nations as we wish them to act +toward us, and justice and conscience should form the rule of conduct +between governments, instead of mere power, self interest, or the desire of +aggrandizement. To maintain a strict neutrality in foreign wars, to +cultivate friendly relations, to reciprocate every noble and generous act, +and to perform punctually and scrupulously every treaty obligation--these +are the duties which we owe to other states, and by the performance of +which we best entitle ourselves to like treatment from them; or, if that, +in any case, be refused, we can enforce our own rights with justice and a +clear conscience. + +In our domestic policy the Constitution will be my guide, and in questions +of doubt I shall look for its interpretation to the judicial decisions of +that tribunal which was established to expound it and to the usage of the +Government, sanctioned by the acquiescence of the country. I regard all its +provisions as equally binding. In all its parts it is the will of the +people expressed in the most solemn form, and the constituted authorities +are but agents to carry that will into effect. Every power which it has +granted is to be exercised for the public good; but no pretense of utility, +no honest conviction, even, of what might be expedient, can justify the +assumption of any power not granted. The powers conferred upon the +Government and their distribution to the several departments are as clearly +expressed in that sacred instrument as the imperfection of human language +will allow, and I deem it my first duty not to question its wisdom, add to +its provisions, evade its requirements, or nullify its commands. + +Upon you, fellow-citizens, as the representatives of the States and the +people, is wisely devolved the legislative power. I shall comply with my +duty in laying before you from time to time any information calculated to +enable you to discharge your high and responsible trust for the benefit of +our common constituents. + +My opinions will be frankly expressed upon the leading subjects of +legislation; and if--which I do not anticipate--any act should pass the two +Houses of Congress which should appear to me unconstitutional, or an +encroachment on the just powers of other departments, or with provisions +hastily adopted and likely to produce consequences injurious and +unforeseen, I should not shrink from the duty of returning it to you, with +my reasons, for your further consideration. Beyond the due performance of +these constitutional obligations, both my respect for the Legislature and +my sense of propriety will restrain me from any attempt to control or +influence your proceedings. With you is the power, the honor, and the +responsibility of the legislation of the country. + +The Government of the United States is a limited Government. It is confined +to the exercise of powers expressly granted and such others as may be +necessary for carrying those powers into effect; and it is at all times an +especial duty to guard against any infringement on the just rights of the +States. Over the objects and subjects intrusted to Congress its legislative +authority is supreme. But here that authority ceases, and every citizen who +truly loves the Constitution and desires the continuance of its existence +and its blessings will resolutely and firmly resist any interference in +those domestic affairs which the Constitution has dearly and unequivocally +left to the exclusive authority of the States. And every such citizen will +also deprecate useless irritation among the several members of the Union +and all reproach and crimination tending to alienate one portion of the +country from another. The beauty of our system of government consists, and +its safety and durability must consist, in avoiding mutual collisions and +encroachments and in the regular separate action of all, while each is +revolving in its own distinct orbit. + +The Constitution has made it the duty of the President to take care that +the laws be faithfully executed. In a government like ours, in which all +laws are passed by a majority of the representatives of the people, and +these representatives are chosen for such short periods that any injurious +or obnoxious law can very soon be repealed, it would appear unlikely that +any great numbers should be found ready to resist the execution of the +laws. But it must be borne in mind that the country is extensive; that +there may be local interests or prejudices rendering a law odious in one +part which is not so in another, and that the thoughtless and +inconsiderate, misled by their passions or their imaginations, may be +induced madly to resist such laws as they disapprove. Such persons should +recollect that without law there can be no real practical liberty; that +when law is trampled under foot tyranny rules, whether it appears in the +form of a military despotism or of popular violence. The law is the only +sure protection of the weak and the only efficient restraint upon the +strong. When impartially and faithfully administered, none is beneath its +protection and none above its control. You, gentlemen, and the country may +be assured that to the utmost of my ability and to the extent of the power +vested in me I shall at all times and in all places take care that the laws +be faithfully executed. In the discharge of this duty, solemnly imposed +upon me by the Constitution and by my oath of office, I shall shrink from +no responsibility, and shall endeavor to meet events as they may arise with +firmness, as well as with prudence and discretion. + +The appointing power is one of the most delicate with which the Executive +is invested. I regard it as a sacred trust, to be exercised with the sole +view of advancing the prosperity and happiness of the people. It shall be +my effort to elevate the standard of official employment by selecting for +places of importance individuals fitted for the posts to which they are +assigned by their known integrity, talents, and virtues. In so extensive a +country, with so great a population, and where few persons appointed to +office can be known to the appointing power, mistakes will sometimes +unavoidably happen and unfortunate appointments be made notwithstanding the +greatest care. In such cases the power of removal may be properly +exercised; and neglect of duty or malfeasance in office will be no more +tolerated in individuals appointed by myself than in those appointed by +others. I am happy in being able to say that no unfavorable change in our +foreign relations has taken place since the message at the opening of the +last session of Congress. We are at peace with all nations and we enjoy in +an eminent degree the blessings of that peace in a prosperous and growing +commerce and in all the forms of amicable national intercourse. The +unexampled growth of the country, the present amount of its population, and +its ample means of self-protection assure for it the respect of all +nations, while it is trusted that its character for justice and a regard to +the rights of other States will cause that respect to be readily and +cheerfully paid. + +A convention was negotiated between the United States and Great Britain in +April last for facilitating and protecting the construction of a ship canal +between the Atlantic and Pacific oceans and for other purposes. The +instrument has since been ratified by the contracting parties, the exchange +of ratifications has been effected, and proclamation thereof has been duly +made. + +In addition to the stipulations contained in this convention, two other +objects remain to be accomplished between the contracting powers: First. +The designation and establishment of a free port at each end of the canal. + +Second. An agreement fixing the distance from the shore within which +belligerent maritime operations shall not be carried on. On these points +there is little doubt that the two Governments will come to an +understanding. + +The company of citizens of the United States who have acquired from the +State of Nicaragua the privilege of constructing a ship canal between the +two oceans through the territory of that State have made progress in their +preliminary arrangements. The treaty between the United States and Great +Britain of the 19th of April last, above referred to, being now in +operation, it is to be hoped that the guaranties which it offers will be +sufficient to secure the completion of the work with all practicable +expedition. It is obvious that this result would be indefinitely postponed +if any other than peaceful measures for the purpose of harmonizing +conflicting claims to territory in that quarter should be adopted. It will +consequently be my endeavor to cause any further negotiations on the part +of this Government which may be requisite for this purpose to be so +conducted as to bring them to a speedy and successful close. + +Some unavoidable delay has occurred, arising from distance and the +difficulty of intercourse between this Government and that of Nicaragua, +but as intelligence has just been received of the appointment of an envoy +extraordinary and minister plenipotentiary of that Government to reside at +Washington, whose arrival may soon be expected, it is hoped that no further +impediments will be experienced in the prompt transaction of business +between the two Governments. + +Citizens of the United States have undertaken the connection of the two +oceans by means of a railroad across the Isthmus of Tehuantepec, under +grants of the Mexican Government to a citizen of that Republic. It is +understood that a thorough survey of the course of the communication is in +preparation, and there is every reason to expect that it will be prosecuted +with characteristic energy, especially when that Government shall have +consented to such stipulations with the Government of the United States as +may be necessary to impart a feeling of security to those who may embark +their property in the enterprise. Negotiations are pending for the +accomplishment of that object, and a hope is confidently entertained that +when the Government of Mexico shall become duly sensible of the advantages +which that country can not fail to derive from the work, and learn that the +Government of the United States desires that the right of sovereignty of +Mexico in the Isthmus shall remain unimpaired, the stipulations referred to +will be agreed to with alacrity. + +By the last advices from Mexico it would appear, however, that that +Government entertains strong objections to some of the stipulations which +the parties concerned in the project of the railroad deem necessary for +their protection and security. Further consideration, it is to be hoped, or +some modification of terms, may yet reconcile the differences existing +between the two Governments in this respect. + +Fresh instructions have recently been given to the minister of the United +States in Mexico, who is prosecuting the subject with promptitude and +ability. + +Although the negotiations with Portugal for the payment of claims of +citizens of the United States against that Government have not yet resulted +in a formal treaty, yet a proposition, made by the Government of Portugal +for the final adjustment and payment of those claims, has recently been +accepted on the part of the United States. It gives me pleasure to say that +Mr. Clay, to whom the negotiation on the part of the United States had been +intrusted, discharged the duties of his appointment with ability and +discretion, acting always within the instructions of his Government. + +It is expected that a regular convention will be immediately negotiated for +carrying the agreement between the two Governments into effect. The +commissioner appointed under the act of Congress for carrying into effect +the convention with Brazil of the 27th of January, 1849, has entered upon +the performance of the duties imposed upon him by that act. It is hoped +that those duties may be completed within the time which it prescribes. The +documents, however, which the Imperial Government, by the third article of +the convention, stipulates to furnish to the Government of the United +States have not yet been received. As it is presumed that those documents +will be essential for the correct disposition of the claims, it may become +necessary for Congress to extend the period limited for the duration of the +commission. The sum stipulated by the fourth article of the convention to +be paid to this Government has been received. + +The collection in the ports of the United States of discriminating duties +upon the vessels of Chili and their cargoes has been suspended, pursuant to +the provisions of the act of Congress of the 24th of May, 1828. It is to be +hoped that this measure will impart a fresh impulse to the commerce between +the two countries, which of late, and especially since our acquisition of +California, has, to the mutual advantage of the parties, been much +augmented. + +Peruvian guano has become so desirable an article to the agricultural +interest of the United States that it is the duty of the Government to +employ all the means properly in its power for the purpose of causing that +article to be imported into the country at a reasonable price. Nothing will +be omitted on my part toward accomplishing this desirable end. I am +persuaded that in removing any restraints on this traffic the Peruvian +Government will promote its own best interests, while it will afford a +proof of a friendly disposition toward this country, which will be duly +appreciated. + +The treaty between the United States and His Majesty the King of the +Hawaiian Islands, which has recently been made public, will, it is +believed, have a beneficial effect upon the relations between the two +countries. + +The relations between those parts of the island of St. Domingo which were +formerly colonies of Spain and France, respectively, are still in an +unsettled condition. The proximity of that island to the United States and +the delicate questions involved in the existing controversy there render it +desirable that it should be permanently and speedily adjusted. The +interests of humanity and of general commerce also demand this; and as +intimations of the same sentiment have been received from other +governments, it is hoped that some plan may soon be devised to effect the +object in a manner likely to give general satisfaction. The Government of +the United States will not fail, by the exercise of all proper friendly +offices, to do all in its power to put an end to the destructive war which +has raged between the different parts of the island and to secure to them +both the benefits of peace and commerce. + +I refer you to the report of the Secretary of the Treasury for a detailed +statement of the finances. + +The total receipts into the Treasury for the year ending 30th of June last +were $47,421,748.90. The total expenditures during the same period were +$43,002,168.90. The public debt has been reduced since the last annual +report from the Treasury Department $495,276.79. + +By the nineteenth section of the act of 28th January, 1847, the proceeds of +the sales of the public lands were pledged for the interest and principal +of the public debt. The great amount of those lands subsequently granted by +Congress for military bounties will, it is believed, very nearly supply the +public demand for several years to come, and but little reliance can, +therefore, be placed on that hitherto fruitful source of revenue. Aside +from the permanent annual expenditures, which have necessarily largely +increased, a portion of the public debt, amounting to $8,075,986.59, must +be provided for within the next two fiscal years. It is most desirable that +these accruing demands should be met without resorting to new loans. + +All experience has demonstrated the wisdom and policy of raising a large +portion of revenue for the support of Government from duties on goods +imported. The power to lay these duties is unquestionable, and its chief +object, of course, is to replenish the Treasury. But if in doing this an +incidental advantage may be gained by encouraging the industry of our own +citizens, it is our duty to avail ourselves of that advantage. + +A duty laid upon an article which can not be produced in this country, such +as tea or coffee, adds to the cost of the article, and is chiefly or wholly +paid by the consumer. But a duty laid upon an article which may be produced +here stimulates the skill and industry of our own country to produce the +same article, which is brought into the market in competition with the +foreign article, and the importer is thus compelled to reduce his price to +that at which the domestic article can be sold, thereby throwing a part of +the duty upon the producer of the foreign article. The continuance of this +process creates the skill and invites the capital which finally enable us +to produce the article much cheaper than it could have been procured from +abroad, thereby benefiting both the producer and the consumer at home. The +consequence of this is that the artisan and the agriculturist are brought +together, each affords a ready market for the produce of the other, the +whole country becomes prosperous, and the ability to produce every +necessary of life renders us independent in war as well as in peace. + +A high tariff can never be permanent. It will cause dissatisfaction, and +will be changed. It excludes competition, and thereby invites the +investment of capital in manufactures to such excess that when changed it +brings distress, bankruptcy, and ruin upon all who have been misled by its +faithless protection. What the manufacturer wants is uniformity and +permanency, that he may feel a confidence that he is not to be ruined by +sudden exchanges. But to make a tariff uniform and permanent it is not only +necessary that the laws should not be altered, but that the duty should not +fluctuate. To effect this all duties should be specific wherever the nature +of the article is such as to admit of it. Ad valorem duties fluctuate with +the price and offer strong temptations to fraud and perjury. Specific +duties, on the contrary, are equal and uniform in all ports and at all +times, and offer a strong inducement to the importer to bring the best +article, as he pays no more duty upon that than upon one of inferior +quality. I therefore strongly recommend a modification of the present +tariff, which has prostrated some of our most important and necessary +manufactures, and that specific duties be imposed sufficient to raise the +requisite revenue, making such discriminations in favor of the industrial +pursuits of our own country as to encourage home production without +excluding foreign competition. It is also important that an unfortunate +provision in the present tariff, which imposes a much higher duty upon the +raw material that enters into our manufactures than upon the manufactured +article, should be remedied. + +The papers accompanying the report of the Secretary of the Treasury will +disclose frauds attempted upon the revenue, in variety and amount so great +as to justify the conclusion that it is impossible under any system of ad +valorem duties levied upon the foreign cost or value of the article to +secure an honest observance and an effectual administration of the laws. +The fraudulent devices to evade the law which have been detected by the +vigilance of the appraisers leave no room to doubt that similar impositions +not discovered, to a large amount, have been successfully practiced since +the enactment of the law now in force. This state of things has already had +a prejudicial influence upon those engaged in foreign commerce. It has a +tendency to drive the honest trader from the business of importing and to +throw that important branch of employment into the hands of unscrupulous +and dishonest men, who are alike regardless of law and the obligations of +an oath. By these means the plain intentions of Congress, as expressed in +the law, are daily defeated. Every motive of policy and duty, therefore, +impels me to ask the earnest attention of Congress to this subject. If +Congress should deem it unwise to attempt any important changes in the +system of levying duties at this session, it will become indispensable to +the protection of the revenue that such remedies as in the judgment of +Congress may mitigate the evils complained of should be at once applied. + +As before stated, specific duties would, in my opinion, afford the most +perfect remedy for this evil; but if you should not concur in this view, +then, as a partial remedy, I beg leave respectfully to recommend that +instead of taking the invoice of the article abroad as a means of +determining its value here, the correctness of which invoice it is in many +cases impossible to verify, the law be so changed as to require a home +valuation or appraisal, to be regulated in such manner as to give, as far +as practicable, uniformity in the several ports. + +There being no mint in California, I am informed that the laborers in the +mines are compelled to dispose of their gold dust at a large discount. This +appears to me to be a heavy and unjust tax upon the labor of those employed +in extracting this precious metal, and I doubt not you will be disposed at +the earliest period possible to relieve them from it by the establishment +of a mint. In the meantime, as an assayer's office is established there, I +would respectfully submit for your consideration the propriety of +authorizing gold bullion which has been assayed and stamped to be received +in payment of Government dues. I can not conceive that the Treasury would +suffer any loss by such a provision, which will at once raise bullion to +its par value, and thereby save (if I am rightly informed) many millions of +dollars to the laborers which are now paid in brokerage to convert this +precious metal into available funds. This discount upon their hard earnings +is a heavy tax, and every effort should be made by the Government to +relieve them from so great a burden. + +More than three-fourths of our population are engaged in the cultivation of +the soil. The commercial, manufacturing, and navigating interests are all +to a great extent dependent on the agricultural. It is therefore the most +important interest of the nation, and has a just claim to the fostering +care and protection of the Government so far as they can be extended +consistently with the provisions of the Constitution. As this can not be +done by the ordinary modes of legislation, I respectfully recommend the +establishment of an agricultural bureau, to be charged with the duty of +giving to this leading branch of American industry the encouragement which +it so well deserves. In view of the immense mineral resources of our +country, provision should also be made for the employment of a competent +mineralogist and chemist, who should be required, under the direction of +the head of the bureau, to collect specimens of the various minerals of our +country and to ascertain by careful analysis their respective elements and +properties and their adaptation to useful purposes. He should also be +required to examine and report upon the qualities of different soils and +the manures best calculated to improve their productiveness. By publishing +the results of such experiments, with suitable explanations, and by the +collection and distribution of rare seeds and plants, with instructions as +to the best system of cultivation, much may be done to promote this great +national interest. + +In compliance with the act of Congress passed on the 23d of May, 1850, +providing, among other things, for taking the Seventh Census, a +superintendent was appointed and all other measures adopted which were +deemed necessary to insure the prompt and faithful performance of that +duty. The appropriation already made will, it is believed, be sufficient to +defray the whole expense of the work, but further legislation may be +necessary in regard to the compensation of some of the marshals of the +Territories. It will also be proper to make provision by law at an early +day for the publication of such abstracts of the returns as the public +interests may require. + +The unprecedented growth of our territories on the Pacific in wealth and +population and the consequent increase of their social and commercial +relations with the Atlantic States seem to render it the duty of the +Government to use all its constitutional power to improve the means of +intercourse with them. The importance of opening "a line of communication, +the best and most expeditious of which the nature of the country will +admit," between the Valley of the Mississippi and the Pacific was brought +to your notice by my predecessor in his annual message; and as the reasons +which he presented in favor of the measure still exist in full force, I beg +leave to call your attention to them and to repeat the recommendations then +made by him. + +The uncertainty which exists in regard to the validity of land titles in +California is a subject which demands your early consideration. Large +bodies of land in that State are claimed under grants said to have been +made by authority of the Spanish and Mexican Governments. Many of these +have not been perfected, others have been revoked, and some are believed to +be fraudulent. But until they shall have been judicially investigated they +will continue to retard the settlement and improvement of the country. I +therefore respectfully recommend that provision be made by law for the +appointment of commissioners to examine all such claims with a view to +their final adjustment. + +I also beg leave to call your attention to the propriety of extending at an +early day our system of land laws, with such modifications as may be +necessary, over the State of California and the Territories of Utah and New +Mexico. The mineral lands of California will, of course, form an exception +to any general system which may be adopted. Various methods of disposing of +them have been suggested. I was at first inclined to favor the system of +leasing, as it seemed to promise the largest revenue to the Government and +to afford the best security against monopolies; but further reflection and +our experience in leasing the lead mines and selling lands upon credit have +brought my mind to the conclusion that there would be great difficulty in +collecting the rents, and that the relation of debtor and creditor between +the citizens and the Government would be attended with many mischievous +consequences. I therefore recommend that instead of retaining the mineral +lands under the permanent control of the Government they be divided into +small parcels and sold, under such restrictions as to quantity and time as +will insure the best price and guard most effectually against combinations +of capitalists to obtain monopolies. + +The annexation of Texas and the acquisition of California and New Mexico +have given increased importance to our Indian relations. The various tribes +brought under our jurisdiction by these enlargements of our boundaries are +estimated to embrace a population of 124,000. Texas and New Mexico are +surrounded by powerful tribes of Indians, who are a source of constant +terror and annoyance to the inhabitants. Separating into small predatory +bands, and always mounted, they overrun the country, devastating farms, +destroying crops, driving off whole herds of cattle, and occasionally +murdering the inhabitants or carrying them into captivity. The great roads +leading into the country are infested with them, whereby traveling is +rendered extremely dangerous and immigration is almost entirely arrested. +The Mexican frontier, which by the eleventh article of the treaty of +Guadalupe Hidalgo we are bound to protect against the Indians within our +border, is exposed to these incursions equally with our own. The military +force stationed in that country, although forming a large proportion of the +Army, is represented as entirely inadequate to our own protection and the +fulfillment of our treaty stipulations with Mexico. The principal +deficiency is in cavalry, and I recommend that Congress should, at as early +a period as practicable, provide for the raising of one or more regiments +of mounted men. + +For further suggestions on this subject and others connected with our +domestic interests and the defense of our frontier, I refer you to the +reports of the Secretary of the Interior and of the Secretary of War. + +I commend also to your favorable consideration the suggestion contained in +the last-mentioned report and in the letter of the General in Chief +relative to the establishment of an asylum for the relief of disabled and +destitute soldiers. This subject appeals so strongly to your sympathies +that it would be superfluous in me to say anything more than barely to +express my cordial approbation of the proposed object. + +The Navy continues to give protection to our commerce and other national +interests in the different quarters of the globe, and, with the exception +of a single steamer on the Northern lakes, the vessels in commission are +distributed in six different squadrons. + +The report of the head of that Department will exhibit the services of +these squadrons and of the several vessels employed in each during the past +year. It is a source of gratification that, while they have been constantly +prepared for any hostile emergency, they have everywhere met with the +respect and courtesy due as well to the dignity as to the peaceful +dispositions and just purposes of the nation. + +The two brigantines accepted by the Government from a generous citizen of +New York and placed under the command of an officer of the Navy to proceed +to the Arctic Seas in quest of the British commander Sir John Franklin and +his companions, in compliance with the act of Congress approved in May +last, had when last heard from penetrated into a high northern latitude; +but the success of this noble and humane enterprise is yet uncertain. + +I invite your attention to the view of our present naval establishment and +resources presented in the report of the Secretary of the Navy, and the +suggestions therein made for its improvement, together with the naval +policy recommended for the security of our Pacific Coast and the protection +and extension of our commerce with eastern Asia. Our facilities for a +larger participation in the trade of the East, by means of our recent +settlements on the shores of the Pacific, are too obvious to be overlooked +or disregarded. + +The questions in relation to rank in the Army and Navy and relative rank +between officers of the two branches of the service, presented to the +Executive by certain resolutions of the House of Representatives at the +last session of Congress, have been submitted to a board of officers in +each branch of the service, and their report may be expected at an early +day. + +I also earnestly recommend the enactment of a law authorizing officers of +the Army and Navy to be retired from the service when incompetent for its +vigorous and active duties, taking care to make suitable provision for +those who have faithfully served their country and awarding distinctions by +retaining in appropriate commands those who have been particularly +conspicuous for gallantry and good conduct. While the obligation of the +country to maintain and honor those who, to the exclusion of other +pursuits, have devoted themselves to its arduous service is acknowledged, +this obligation should not be permitted to interfere with the efficiency of +the service itself. + +I am gratified in being able to state that the estimates of expenditure for +the Navy in the ensuing year are less by more than $1,000,000 than those of +the present, excepting the appropriation which may become necessary for the +construction of a dock on the coast of the Pacific, propositions for which +are now being considered and on which a special report may be expected +early in your present session. + +There is an evident justness in the suggestion of the same report that +appropriations for the naval service proper should be separated from those +for fixed and permanent objects, such as building docks and navy yards and +the fixtures attached, and from the extraordinary objects under the care of +the Department which, however important, are not essentially naval. + +A revision of the code for the government of the Navy seems to require the +immediate consideration of Congress. Its system of crimes and punishments +had undergone no change for half a century until the last session, though +its defects have been often and ably pointed out; and the abolition of a +particular species of corporal punishment, which then took place, without +providing any substitute, has left the service in a state of defectiveness +which calls for prompt correction. I therefore recommend that the whole +subject be revised without delay and such a system established for the +enforcement of discipline as shall be at once humane and effectual. + +The accompanying report of the Postmaster-General presents a satisfactory +view of the operations and condition of that Department. At the close of +the last fiscal year the length of the inland mail routes in the United +States (not embracing the service in Oregon and California) was 178,672 +miles, the annual transportation thereon 46,541,423 miles, and the annual +cost of such transportation $2,724,426. The increase of the annual +transportation over that of the preceding year was 3,997,354 miles and the +increase in cost was $342,440. The number of post-offices in the United +States on the 1st day of July last was 18,417, being an increase of 1,670 +during the preceding year. + +The gross revenues of the Department for the fiscal year ending June 30, +1850, amounted to $5,552,971.48, including the annual appropriation of +$200,000 for the franked matter of the Departments and excluding the +foreign postages collected for and payable to the British Government. + +The expenditures for the same period were $5,212,953.43, leaving a balance +of revenue over expenditures of $340,018.05. + +I am happy to find that the fiscal condition of the Department is such as +to justify the Postmaster-General in recommending the reduction of our +inland letter postage to 3 cents the single letter when prepaid and 5 cents +when not prepaid. He also recommends that the prepaid rate shall be reduced +to 2 cents whenever the revenues of the Department, after the reduction, +shall exceed its expenditures by more than 5 per cent for two consecutive +years; that the postage upon California and other letters sent by our ocean +steamers shall be much reduced, and that the rates of postage on +newspapers, pamphlets, periodicals, and other printed matter shall be +modified and some reduction thereon made. + +It can not be doubted that the proposed reductions will for the present +diminish the revenues of the Department. It is believed that the +deficiency, after the surplus already accumulated shall be exhausted, may +be almost wholly met either by abolishing the existing privileges of +sending free matter through the mails or by paying out of the Treasury to +the Post-Office Department a sum equivalent to the postage of which it is +deprived by such privileges. The last is supposed to be the preferable +mode, and will, if not entirely, so nearly supply that deficiency as to +make any further appropriation that may be found necessary so +inconsiderable as to form no obstacle to the proposed reductions. + +I entertain no doubt of the authority of Congress to make appropriations +for leading objects in that class of public works comprising what are +usually called works of internal improvement. This authority I suppose to +be derived chiefly from the power of regulating commerce with foreign +nations and among the States and the power of laying and collecting +imposts. Where commerce is to be carried on and imposts collected there +must be ports and harbors as well as wharves and custom-houses. If ships +laden with valuable cargoes approach the shore or sail along the coast, +light-houses are necessary at suitable points for the protection of life +and property. Other facilities and securities for commerce and navigation +are hardly less important; and those clauses of the Constitution, +therefore, to which I have referred have received from the origin of the +Government a liberal and beneficial construction. Not only have +light-houses, buoys, and beacons been established and floating lights +maintained, but harbors have been cleared and improved, piers constructed, +and even breakwaters for the safety of shipping and sea walls to protect +harbors from being filled up and rendered useless by the action of the +ocean, have been erected at very great expense. And this construction of +the Constitution appears the more reasonable from the consideration that if +these works, of such evident importance and utility, are not to be +accomplished by Congress they can not be accomplished at all. By the +adoption of the Constitution the several States voluntarily parted with the +power of collecting duties of imposts in their own ports, and it is not to +be expected that they should raise money by internal taxation, direct or +indirect, for the benefit of that commerce the revenues derived from which +do not, either in whole or in part, go into their own treasuries. Nor do I +perceive any difference between the power of Congress to make +appropriations for objects of this kind on the ocean and the power to make +appropriations for similar objects on lakes and rivers, wherever they are +large enough to bear on their waters an extensive traffic. The magnificent +Mississippi and its tributaries and the vast lakes of the North and +Northwest appear to me to fall within the exercise of the power as justly +and as clearly as the ocean and the Gulf of Mexico. It is a mistake to +regard expenditures judiciously made for these objects as expenditures for +local purposes. The position or sight of the work is necessarily local, but +its utility is general. A ship canal around the Falls of St. Mary of less +than a mile in length, though local in its construction, would yet be +national in its purpose and its benefits, as it would remove the only +obstruction to a navigation of more than 1,000 miles, affecting several +States, as well as our commercial relations with Canada. So, too, the +breakwater at the mouth of the Delaware is erected, not for the exclusive +benefit of the States bordering on the bay and river of that name, but for +that of the whole coastwise navigation of the United States and, to a +considerable extent, also of foreign commerce. If a ship be lost on the bar +at the entrance of a Southern port for want of sufficient depth of water, +it is very likely to be a Northern ship; and if a steamboat be sunk in any +part of the Mississippi on account of its channel not having been properly +cleared of obstructions, it may be a boat belonging to either of eight or +ten States. I may add, as somewhat remarkable, that among all the +thirty-one States there is none that is not to a greater or less extent +bounded on the ocean, or the Gulf of Mexico, or one of the Great Lakes, or +some navigable river. + +In fulfilling our constitutional duties, fellow-citizens, on this subject, +as in carrying into effect all other powers conferred by the Constitution, +we should consider ourselves as deliberating and acting for one and the +same country, and bear constantly in mind that our regard and our duty are +due not to a particular part only, but to the whole. + +I therefore recommend that appropriations be made for completing such works +as have been already begun and for commencing such others as may seem to +the wisdom of Congress to be of public and general importance. + +The difficulties and delays incident to the settlement of private claims by +Congress amount in many cases to a denial of justice. There is reason to +apprehend that many unfortunate creditors of the Government have thereby +been unavoidably ruined. Congress has so much business of a public +character that it is impossible it should give much attention to mere +private claims, and their accumulation is now so great that many claimants +must despair of ever being able to obtain a hearing. It may well be doubted +whether Congress, from the nature of its organization, is properly +constituted to decide upon such cases. It is impossible that each member +should examine the merits of every claim on which he is compelled to vote, +and it is preposterous to ask a judge to decide a case which he has never +heard. Such decisions may, and frequently must, do injustice either to the +claimant or the Government, and I perceive no better remedy for this +growing evil than the establishment of some tribunal to adjudicate upon +such claims. I beg leave, therefore, most respectfully to recommend that +provision be made by law for the appointment of a commission to settle all +private claims against the United States; and as an ex parte hearing must +in all contested cases be very unsatisfactory, I also recommend the +appointment of a solicitor, whose duty it shall be to represent the +Government before such commission and protect it against all illegal, +fraudulent, or unjust claims which may be presented for their adjudication. +This District, which has neither voice nor vote in your deliberations, +looks to you for protection and aid, and I commend all its wants to your +favorable consideration, with a full confidence that you will meet them not +only with justice, but with liberality. It should be borne in mind that in +this city, laid out by Washington and consecrated by his name, is located +the Capitol of our nation, the emblem of our Union and the symbol of our +greatness. Here also are situated all the public buildings necessary for +the use of the Government, and all these are exempt from taxation. It +should be the pride of Americans to render this place attractive to the +people of the whole Republic and convenient and safe for the transaction of +the public business and the preservation of the public records. The +Government should therefore bear a liberal proportion of the burdens of all +necessary and useful improvements. And as nothing could contribute more to +the health, comfort, and safety of the city and the security of the public +buildings and records than an abundant supply of pure water, I respectfully +recommend that you make such provisions for obtaining the same as in your +wisdom you may deem proper. + +The act, passed at your last session, making certain propositions to Texas +for settling the disputed boundary between that State and the Territory of +New Mexico was, immediately on its passage, transmitted by express to the +governor of Texas, to be laid by him before the general assembly for its +agreement thereto. Its receipt was duly acknowledged, but no official +information has yet been received of the action of the general assembly +thereon. It may, however, be very soon expected, as, by the terms of the +propositions submitted they were to have been acted upon on or before the +first day of the present month. + +It was hardly to have been expected that the series of measures passed at +your last session with the view of healing the sectional differences which +had sprung from the slavery and territorial questions should at once have +realized their beneficent purpose. All mutual concession in the nature of a +compromise must necessarily be unwelcome to men of extreme opinions. And +though without such concessions our Constitution could not have been +formed, and can not be permanently sustained, yet we have seen them made +the subject of bitter controversy in both sections of the Republic. It +required many months of discussion and deliberation to secure the +concurrence of a majority of Congress in their favor. It would be strange +if they had been received with immediate approbation by people and States +prejudiced and heated by the exciting controversies of their +representatives. I believe those measures to have been required by the +circumstances and condition of the country. I believe they were necessary +to allay asperities and animosities that were rapidly alienating one +section of the country from another and destroying those fraternal +sentiments which are the strongest supports of the Constitution. They were +adopted in the spirit of conciliation and for the purpose of conciliation. +I believe that a great majority of our fellow citizens sympathize in that +spirit and that purpose, and in the main approve and are prepared in all +respects to sustain these enactments. I can not doubt that the American +people, bound together by kindred blood and common traditions, still +cherish a paramount regard for the Union of their fathers, and that they +are ready to rebuke any attempt to violate its integrity, to disturb the +compromises on which it is based, or to resist the laws which have been +enacted under its authority. + +The series of measures to which I have alluded are regarded by me as a +settlement in principle and substance--a final settlement of the dangerous +and exciting subjects which they embraced. Most of these subjects, indeed, +are beyond your reach, as the legislation which disposed of them was in its +character final and irrevocable. It may be presumed from the opposition +which they all encountered that none of those measures was free from +imperfections, but in their mutual dependence and connection they formed a +system of compromise the most conciliatory and best for the entire country +that could be obtained from conflicting sectional interests and opinions. + +For this reason I recommend your adherence to the adjustment established by +those measures until time and experience shall demonstrate the necessity of +further legislation to guard against evasion or abuse. + +By that adjustment we have been rescued from the wide and boundless +agitation that surrounded us, and have a firm, distinct, and legal ground +to rest upon. And the occasion, I trust, will justify me in exhorting my +countrymen to rally upon and maintain that ground as the best, if not the +only, means of restoring peace and quiet to the country and maintaining +inviolate the integrity of the Union. + +And now, fellow-citizens, I can not bring this communication to a close +without invoking you to join me in humble and devout thanks to the Great +Ruler of Nations for the multiplied blessings which He has graciously +bestowed upon us. His hand, so often visible in our preservation, has +stayed the pestilence, saved us from foreign wars and domestic +disturbances, and scattered plenty throughout the land. + +Our liberties, religions and civil, have been maintained, the fountains of +knowledge have all been kept open, and means of happiness widely spread and +generally enjoyed greater than have fallen to the lot of any other nation. +And while deeply penetrated with gratitude for the past, let us hope that +His all-wise providence will so guide our counsels as that they shall +result in giving satisfaction to our constituents, securing the peace of +the country, and adding new strength to the united Government under which +we live. + +*** + +State of the Union Address +Millard Fillmore +December 2, 1851 + +Fellow-Citizens of the Senate and of the House of Representatives: + +I congratulate you and our common constituency upon the favorable auspices +under which you meet for your first session. Our country is at peace with +all the world. The agitation which for a time threatened to disturb the +fraternal relations which make us one people is fast subsiding, and a year +of general prosperity and health has crowned the nation with unusual +blessings. None can look back to the dangers which are passed or forward to +the bright prospect before us without feeling a thrill of gratification, at +the same time that he must be impressed with a grateful sense of our +profound obligations to a beneficent Providence, whose paternal care is so +manifest in the happiness of this highly favored land. + +Since the close of the last Congress certain Cubans and other foreigners +resident in the United States, who were more or less concerned in the +previous invasion of Cuba, instead of being discouraged by its failure have +again abused the hospitality of this country by making it the scene of the +equipment of another military expedition against that possession of Her +Catholic Majesty, in which they were countenanced, aided, and joined by +citizens of the United States. On receiving intelligence that such designs +were entertained, I lost no time in issuing such instructions to the proper +officers of the United States as seemed to be called for by the occasion. +By the proclamation a copy of which is herewith submitted I also warned +those who might be in danger of being inveigled into this scheme of its +unlawful character and of the penalties which they would incur. For some +time there was reason to hope that these measures had sufficed to prevent +any such attempt. This hope, however, proved to be delusive. Very early in +the morning of the 3d of August a steamer called the Pampero departed from +New Orleans for Cuba, having on board upward of 400 armed men with evident +intentions to make war upon the authorities of the island. This expedition +was set on foot in palpable violation of the laws of the United States. Its +leader was a Spaniard, and several of the chief officers and some others +engaged in it were foreigners. The persons composing it, however, were +mostly citizens of the United States. + +Before the expedition set out, and probably before it was organized, a +slight insurrectionary movement, which appears to have been soon +suppressed, had taken place in the eastern quarter of Cuba. The importance +of this movement was, unfortunately, so much exaggerated in the accounts of +it published in this country that these adventurers seem to have been led +to believe that the Creole population of the island not only desired to +throw off the authority of the mother country, but had resolved upon that +step and had begun a well-concerted enterprise for effecting it. The +persons engaged in the expedition were generally young and ill informed. +The steamer in which they embarked left New Orleans stealthily and without +a clearance. After touching at Key West, she proceeded to the coast of +Cuba, and on the night between the 11th and 12th of August landed the +persons on board at Playtas, within about 20 leagues of Havana. + +The main body of them proceeded to and took possession of an inland village +6 leagues distant, leaving others to follow in charge of the baggage as +soon as the means of transportation could be obtained. The latter, having +taken up their line of march to connect themselves with the main body, and +having proceeded about 4 leagues into the country, were attacked on the +morning of the 13th by a body of Spanish troops, and a bloody conflict +ensued, after which they retreated to the place of disembarkation, where +about 50 of them obtained boats and reembarked therein. They were, however, +intercepted among the keys near the shore by a Spanish steamer cruising on +the coast, captured and carried to Havana, and after being examined before +a military court were sentenced to be publicly executed, and the sentence +was carried into effect on the 16th of August. + +On receiving information of what had occurred Commodore Foxhall A. Parker +was instructed to proceed in the steam frigate Saranac to Havana and +inquire into the charges against the persons executed, the circumstances +under which they were taken, and whatsoever referred to their trial and +sentence. Copies of the instructions from the Department of State to him +and of his letters to that Department are herewith submitted. + +According to the record of the examination, the prisoners all admitted the +offenses charged against them, of being hostile invaders of the island. At +the time of their trial and execution the main body of the invaders was +still in the field making war upon the Spanish authorities and Spanish +subjects. After the lapse of some days, being overcome by the Spanish +troops, they dispersed on the 24th of August. Lopez, their leader, was +captured some days after, and executed on the 1st of September. Many of his +remaining followers were killed or died of hunger and fatigue, and the rest +were made prisoners. Of these none appear to have been tried or executed. +Several of them were pardoned upon application of their friends and others, +and the rest, about 160 in number, were sent to Spain. Of the final +disposition made of these we have no official information. + +Such is the melancholy result of this illegal and ill-fated expedition. +Thus thoughtless young men have been induced by false and fraudulent +representations to violate the law of their country through rash and +unfounded expectations of assisting to accomplish political revolutions in +other states, and have lost their lives in the undertaking. Too severe a +judgment can hardly be passed by the indignant sense of the community upon +those who, being better informed themselves, have yet led away the ardor of +youth and an ill-directed love of political liberty. The correspondence +between this Government and that of Spain relating to this transaction is +herewith communicated. + +Although these offenders against the laws have forfeited the protection of +their country, yet the Government may, so far as consistent with its +obligations to other countries and its fixed purpose to maintain and +enforce the laws, entertain sympathy for their unoffending families and +friends, as well as a feeling of compassion for themselves. Accordingly, no +proper effort has been spared and none will be spared to procure the +release of such citizens of the United States engaged in this unlawful +enterprise as are now in confinement in Spain; but it is to be hoped that +such interposition with the Government of that country may not be +considered as affording any ground of expectation that the Government of +the United States will hereafter feel itself under any obligation of duty +to intercede for the liberation or pardon of such persons as are flagrant +offenders against the law of nations and the laws of the United States. +These laws must be executed. If we desire to maintain our respectability +among the nations of the earth, it behooves us to enforce steadily and +sternly the neutrality acts passed by Congress and to follow as far as may +be the violation of those acts with condign punishment. + +But what gives a peculiar criminality to this invasion of Cuba is that, +under the lead of Spanish subjects and with the aid of citizens of the +United States, it had its origin with many in motives of cupidity. Money +was advanced by individuals, probably in considerable amounts, to purchase +Cuban bonds, as they have been called, issued by Lopez, sold, doubtless, at +a very large discount, and for the payment of which the public lands and +public property of Cuba, of whatever kind, and the fiscal resources of the +people and government of that island, from whatever source to be derived, +were pledged, as well as the good faith of the government expected to be +established. All these means of payment, it is evident, were only to be +obtained by a process of bloodshed, war, and revolution. None will deny +that those who set on foot military expeditions against foreign states by +means like these are far more culpable than the ignorant and the +necessitous whom they induce to go forth as the ostensible parties in the +proceeding. These originators of the invasion of Cuba seem to have +determined with coolness and system upon an undertaking which should +disgrace their country, violate its laws, and put to hazard the lives of +ill-informed and deluded men. You will consider whether further legislation +be necessary to prevent the perpetration of such offenses in future. + +No individuals have a right to hazard the peace of the country or to +violate its laws upon vague notions of altering or reforming governments in +other states. This principle is not only reasonable in itself and in +accordance with public law, but is ingrafted into the codes of other +nations as well as our own. But while such are the sentiments of this +Government, it may be added that every independent nation must be presumed +to be able to defend its possessions against unauthorized individuals +banded together to attack them. The Government of the United States at all +times since its establishment has abstained and has sought to restrain the +citizens of the country from entering into controversies between other +powers, and to observe all the duties of neutrality. At an early period of +the Government, in the Administration of Washington, several laws were +passed for this purpose. The main provisions of these laws were reenacted +by the act of April, 1818, by which, amongst other things, it was declared +that-- + +If any person shall, within the territory or jurisdiction of the United +States, begin, or set on foot, or provide or prepare the means for, any +military expedition or enterprise to be carried on from thence against the +territory or dominions of any foreign prince or state, or of any colony, +district, or people, with whom the United States are at peace, every person +so offending shall be deemed guilty of a high misdemeanor, and shall be +fined not exceeding $3,000 and imprisoned not more than three years. + +And this law has been executed and enforced to the full extent of the power +of the Government from that day to this. + +In proclaiming and adhering to the doctrine of neutrality and +nonintervention, the United States have not followed the lead of other +civilized nations; they have taken the lead themselves and have been +followed by others. This was admitted by one of the most eminent of modern +British statesmen, who said in Parliament, while a minister of the Crown, +"that if he wished for a guide in a system of neutrality he should take +that laid down by America in the days of Washington and the secretaryship +of Jefferson;" and we see, in fact, that the act of Congress of 1818 was +followed the succeeding year by an act of the Parliament of England +substantially the same in its general provisions. Up to that time there had +been no similar law in England, except certain highly penal statutes passed +in the reign of George II, prohibiting English subjects from enlisting in +foreign service, the avowed object of which statutes was that foreign +armies, raised for the purpose of restoring the house of Stuart to the +throne, should not be strengthened by recruits from England herself. + +All must see that difficulties may arise in carrying the laws referred to +into execution in a country now having 3,000 or 4,000 miles of seacoast, +with an infinite number of ports and harbors and small inlets, from some of +which unlawful expeditious may suddenly set forth, without the knowledge of +Government, against the possessions of foreign states. + +"Friendly relations with all, but entangling alliances with none," has long +been a maxim with us. Our true mission is not to propagate our opinions or +impose upon other countries our form of government by artifice or force, +but to teach by example and show by our success, moderation, and justice +the blessings of self-government and the advantages of free institutions. +Let every people choose for itself and make and alter its political +institutions to suit its own condition and convenience. But while we avow +and maintain this neutral policy ourselves, we are anxious to see the same +forbearance on the part of other nations whose forms of government are +different from our own. The deep interest which we feel in the spread of +liberal principles and the establishment of free governments and the +sympathy with which we witness every struggle against oppression forbid +that we should be indifferent to a case in which the strong arm of a +foreign power is invoked to stifle public sentiment and repress the spirit +of freedom in any country. + +The Governments of Great Britain and France have issued orders to their +naval commanders on the West India station to prevent, by force if +necessary, the landing of adventurers from any nation on the island of Cuba +with hostile intent. The copy of a memorandum of a conversation on this +subject between the charge d'affaires of Her Britannic Majesty and the +Acting Secretary of State and of a subsequent note of the former to the +Department of State are herewith submitted, together with a copy of a note +of the Acting Secretary of State to the minister of the French Republic and +of the reply of the latter on the same subject. These papers will acquaint +you with the grounds of this interposition of two leading commercial powers +of Europe, and with the apprehensions, which this Government could not fail +to entertain, that such interposition, if carried into effect, might lead +to abuses in derogation of the maritime rights of the United States. The +maritime rights of the United States are founded on a firm, secure, and +well-defined basis; they stand upon the ground of national independence and +public law, and will be maintained in all their full and just extent. The +principle which this Government has heretofore solemnly announced it still +adheres to, and will maintain under all circumstances and at all hazards. +That principle is that in every regularly documented merchant vessel the +crew who navigate it and those on board of it will find their protection in +the flag which is over them. No American ship can be allowed to be visited +or searched for the purpose of ascertaining the character of individuals on +board, nor can there be allowed any watch by the vessels of any foreign +nation over American vessels on the coast of the United States or the seas +adjacent thereto. It will be seen by the last communication from the +British charge d'affaires to the Department of State that he is authorized +to assure the Secretary of State that every care will be taken that in +executing the preventive measures against the expeditions which the United +States Government itself has denounced as not being entitled to the +protection of any government no interference shall take place with the +lawful commerce of any nation. + +In addition to the correspondence on this subject herewith submitted, +official information has been received at the Department of State of +assurances by the French Government that in the orders given to the French +naval forces they were expressly instructed, in any operations they might +engage in, to respect the flag of the United States wherever it might +appear, and to commit no act of hostility upon any vessel or armament under +its protection. + +Ministers and consuls of foreign nations are the means and agents of +communication between us and those nations, and it is of the utmost +importance that while residing in the country they should feel a perfect +security so long as they faithfully discharge their respective duties and +are guilty of no violation of our laws. This is the admitted law of nations +and no country has a deeper interest in maintaining it than the United +States. Our commerce spreads over every sea and visits every clime, and our +ministers and consuls are appointed to protect the interests of that +commerce as well as to guard the peace of the country and maintain the +honor of its flag. But how can they discharge these duties unless they be +themselves protected? And if protected it must be by the laws of the +country in which they reside. And what is due to our own public +functionaries residing in foreign nations is exactly the measure of what is +due to the functionaries of other governments residing here. As in war the +bearers of flags of truce are sacred, or else wars would be interminable, +so in peace ambassadors, public ministers, and consuls, charged with +friendly national intercourse, are objects of especial respect and +protection, each according to the rights belonging to his rank and station. +In view of these important principles, it is with deep mortification and +regret I announce to you that during the excitement growing out of the +executions at Havana the office of Her Catholic Majesty's consul at New +Orleans was assailed by a mob, his property destroyed, the Spanish flag +found in the office carried off and torn in pieces, and he himself induced +to flee for his personal safety, which he supposed to be in danger. On +receiving intelligence of these events I forthwith directed the attorney of +the United States residing at New Orleans to inquire into the facts and the +extent of the pecuniary loss sustained by the consul, with the intention of +laying them before you, that you might make provision for such indemnity to +him as a just regard for the honor of the nation and the respect which is +due to a friendly power might, in your judgment, seem to require. The +correspondence upon this subject between the Secretary of State and Her +Catholic Majesty's minister plenipotentiary is herewith transmitted. + +The occurrence at New Orleans has led me to give my attention to the state +of our laws in regard to foreign ambassadors, ministers, and consuls. I +think the legislation of the country is deficient in not providing +sufficiently either for the protection or the punishment of consuls. I +therefore recommend the subject to the consideration of Congress. + +Your attention is again invited to the question of reciprocal trade between +the United States and Canada and other British possessions near our +frontier. Overtures for a convention upon this subject have been received +from Her Britannic Majesty's minister plenipotentiary, but it seems to be +in many respects preferable that the matter should be regulated by +reciprocal legislation. Documents are laid before you showing the terms +which the British Government is willing to offer and the measures which it +may adopt if some arrangement upon this subject shall not be made. + +From the accompanying copy of a note from the British legation at +Washington and the reply of the Department of State thereto it will appear +that Her Britannic Majesty's Government is desirous that a part of the +boundary line between Oregon and the British possessions should be +authoritatively marked out, and that an intention was expressed to apply to +Congress for an appropriation to defray the expense thereof on the part of +the United States. Your attention to this subject is accordingly invited +and a proper appropriation recommended. A convention for the adjustment of +claims of citizens of the United States against Portugal has been concluded +and the ratifications have been exchanged. The first installment of the +amount to be paid by Portugal fell due on the 30th of September last and +has been paid. The President of the French Republic, according to the +provisions of the convention, has been selected as arbiter in the case of +the General Armstrong, and has signified that he accepts the trust and the +high satisfaction he feels in acting as the common friend of two nations +with which France is united by sentiments of sincere and lasting amity. + +The Turkish Government has expressed its thanks for the kind reception +given to the Sultan's agent, Amin Bey, on the occasion of his recent visit +to the United States. On the 28th of February last a dispatch was addressed +by the Secretary of State to Mr. Marsh, the American minister at +Constantinople, instructing him to ask of the Turkish Government permission +for the Hungarians then imprisoned within the dominions of the Sublime +Porte to remove to this country. On the 3d of March last both Houses of +Congress passed a resolution requesting the President to authorize the +employment of a public vessel to convey to this country Louis Kossuth and +his associates in captivity. The instruction above referred to was complied +with, and the Turkish Government having released Governor Kossuth and his +companions from prison, on the 10th of September last they embarked on +board of the United States steam frigate Mississippi, which was selected to +carry into effect the resolution of Congress. Governor Kossuth left the +Mississippi at Gibraltar for the purpose of making a visit to England, and +may shortly be expected in New York. By communications to the Department of +State he has expressed his grateful acknowledgments for the interposition +of this Government in behalf of himself and his associates. This country +has been justly regarded as a safe asylum for those whom political events +have exiled from their own homes in Europe. and it is recommended to +Congress to consider in what manner Governor Kossuth and his companions, +brought hither by its authority, shall be received and treated. + +It is earnestly to be hoped that the differences which have for some time +past been pending between the Government of the French Republic and that of +the Sandwich Islands may be peaceably and durably adjusted so as to secure +the independence of those islands. Long before the events which have of +late imparted so much importance to the possessions of the United States on +the Pacific we acknowledged the independence of the Hawaiian Government. +This Government was first in taking that step, and several of the leading +powers of Europe immediately followed. We were influenced in this measure +by the existing and prospective importance of the islands as a place of +refuge and refreshment for our vessels engaged in the whale fishery, and by +the consideration that they lie in the course of the great trade which must +at no distant day be carried on between the western coast of North America +and eastern Asia. + +We were also influenced by a desire that those islands should not pass +under the control of any other great maritime state, but should remain in +an independent condition, and so be accessible and useful to the commerce +of all nations. I need not say that the importance of these considerations +has been greatly enhanced by the sudden and vast development which the +interests of the United States have attained in California and Oregon, and +the policy heretofore adopted in regard to those islands will be steadily +pursued. + +It is gratifying, not only to those who consider the commercial interests +of nations, but also to all who favor the progress of knowledge and the +diffusion of religion, to see a community emerge from a savage state and +attain such a degree of civilization in those distant seas. It is much to +be deplored that the internal tranquillity of the Mexican Republic should +again be seriously disturbed, for since the peace between that Republic and +the United States it had enjoyed such comparative repose that the most +favorable anticipations for the future might with a degree of confidence +have been indulged. These, however, have been thwarted by the recent +outbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. +Having received information that persons from the United States had taken +part in the insurrection, and apprehending that their example might be +followed by others, I caused orders to be issued for the purpose of +preventing any hostile expeditions against Mexico from being set on foot in +violation of the laws of the United States. I likewise issued a +proclamation upon the subject, a copy of which is herewith laid before you. +This appeared to be rendered imperative by the obligations of treaties and +the general duties of good neighborhood. + +In my last annual message I informed Congress that citizens of the United +States had undertaken the connection of the two oceans by means of a +railroad across the Isthmus of Tehuantepec, under a grant of the Mexican +Government to a citizen of that Republic, and that this enterprise would +probably be prosecuted with energy whenever Mexico should consent to such +stipulations with the Government of the United States as should impart a +feeling of security to those who should invest their property in the +enterprise. A convention between the two Governments for the accomplishment +of that end has been ratified by this Government, and only awaits the +decision of the Congress and the Executive of that Republic. + +Some unexpected difficulties and delays have arisen in the ratification of +that convention by Mexico, but it is to be presumed that her decision will +be governed by just and enlightened views, as well of the general +importance of the object as of her own interests and obligations. + +In negotiating upon this important subject this Government has had in view +one, and only one, object. That object has been, and is, the construction +or attainment of a passage from ocean to ocean, the shortest and the best +for travelers and merchandise, and equally open to all the world. It has +sought to obtain no territorial acquisition, nor any advantages peculiar to +itself; and it would see with the greatest regret that Mexico should oppose +any obstacle to the accomplishment of an enterprise which promises so much +convenience to the whole commercial world and such eminent advantages to +Mexico herself. Impressed with these sentiments and these convictions, the +Government will continue to exert all proper efforts to bring about the +necessary arrangement with the Republic of Mexico for the speedy completion +of the work. For some months past the Republic of Nicaragua has been the +theater of one of those civil convulsions from which the cause of free +institutions and the general prosperity and social progress of the States +of Central America have so often and so severely suffered. Until quiet +shall have been restored and a government apparently stable shall have been +organized, no advance can prudently be made in disposing of the questions +pending between the two countries. + +I am happy to announce that an interoceanic communication from the mouth of +the St. John to the Pacific has been so far accomplished as that passengers +have actually traversed it and merchandise has been transported over it, +and when the canal shall have been completed according to the original plan +the means of communication will be further improved. It is understood that +a considerable part of the railroad across the Isthmus of Panama has been +completed, and that the mail and passengers will in future be conveyed +thereon. Whichever of the several routes between the two oceans may +ultimately prove most eligible for travelers to and from the different +States on the Atlantic and Gulf of Mexico and our coast on the Pacific, +there is little reason to doubt that all of them will be useful to the +public, and will liberally reward that individual enterprise by which alone +they have been or are expected to be carried into effect. Peace has been +concluded between the contending parties in the island of St. Domingo, and, +it is hoped, upon a durable basis. Such is the extent of our commercial +relations with that island that the United States can not fail to feel a +strong interest in its tranquillity. The office of commissioner to China +remains unfilled. Several persons have been appointed, and the place has +been offered to others, all of whom have declined its acceptance on the +ground of the inadequacy of the compensation. The annual allowance by law +is $6,000, and there is no provision for any outfit. I earnestly recommend +the consideration of this subject to Congress. Our commerce with China is +highly important, and is becoming more and more so in consequence of the +increasing intercourse between our ports on the Pacific Coast and eastern +Asia. China is understood to be a country in which living is very +expensive, and I know of no reason why the American commissioner sent +thither should not be placed, in regard to compensation, on an equal +footing with ministers who represent this country at the Courts of Europe. + +By reference to the report of the Secretary of the Treasury it will be seen +that the aggregate receipts for the last fiscal year amounted to +$52,312,979.87, which, with the balance in the Treasury on the 1st July, +1850, gave as the available means for the year the sum of $58,917,524.36. + +The total expenditures for the same period were $48,005,878.68. The total +imports for the year ending June 30, 1851, were $215,725,995, of which +there were in specie $4,967,901. The exports for the same period were +$217,517,130, of which there were of domestic products $178,546,555; +foreign goods reexported, $9,738,695; specie, $29,231,880. + +Since the 1st of December last the payments in cash on account of the +public debt, exclusive of interest, have amounted to $7,501,456.56, which, +however, includes the sum of $3,242,400, paid under the twelfth article of +the treaty with Mexico, and the further sum of $2,591,213.45, being the +amount of awards to American citizens under the late treaty with Mexico, +for which the issue of stock was authorized, but which was paid in cash +from the Treasury. + +The public debt on the 20th ultimo, exclusive of the stock authorized to be +issued to Texas by the act of 9th September, 1850, was $62,560,395.26. + +The receipts for the next fiscal year are estimated at $51,800,000, which, +with the probable unappropriated balance in the Treasury on the 30th June +next, will give as the probable available means for that year the sum of +$63,258,743.09. + +It has been deemed proper, in view of the large expenditures consequent +upon the acquisition of territory from Mexico, that the estimates for the +next fiscal year should be laid before Congress in such manner as to +distinguish the expenditures so required from the otherwise ordinary +demands upon the Treasury. + +The total expenditures for the next fiscal year are estimated at +$42,892,299.19, of which there is required for the ordinary purposes of the +Government, other than those consequent upon the acquisition of our new +territories, and deducting the payments on account of the public debt, the +sum of $33,343,198.08, and for the purposes connected, directly or +indirectly, with those territories and in the fulfillment of the +obligations of the Government contracted in consequence of their +acquisition the sum of $9,549,101.11. + +If the views of the Secretary of the Treasury in reference to the +expenditures required for these territories shall be met by corresponding +action on the part of Congress, and appropriations made in accordance +therewith, there will be an estimated unappropriated balance in the +Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to meet that +portion of the public debt due on the 1st of July following, amounting to +$6,237,931.35, as well as any appropriations which may be made beyond the +estimates. + +In thus referring to the estimated expenditures on account of our newly +acquired territories, I may express the hope that Congress will concur with +me in the desire that a liberal course of policy may be pursued toward +them, and that every obligation, express or implied, entered into in +consequence of their acquisition shall be fulfilled by the most liberal +appropriations for that purpose. + +The values of our domestic exports for the last fiscal year, as compared +with those of the previous year, exhibit an increase of $43,646,322. At +first view this condition of our trade with foreign nations would seem to +present the most flattering hopes of its future prosperity. An examination +of the details of our exports, however, will show that the increased value +of our exports for the last fiscal year is to be found in the high price of +cotton which prevailed during the first half of that year, which price has +since declined about one-half. + +The value of our exports of breadstuffs and provisions, which it was +supposed the incentive of a low tariff and large importations from abroad +would have greatly augmented, has fallen from $68,701,921 in 1847 to +$26,051,373 in 1850 and to $21,948,653 in 1851, with a strong probability, +amounting almost to a certainty, of a still further reduction in the +current year. + +The aggregate values of rice exported during the last fiscal year, as +compared with the previous year, also exhibit a decrease, amounting to +$460,917, which, with a decline in the values of the exports of tobacco for +the same period, make an aggregate decrease in these two articles of +$1,156,751. + +The policy which dictated a low rate of duties on foreign merchandise, it +was thought by those who promoted and established it, would tend to benefit +the farming population of this country by increasing the demand and raising +the price of agricultural products in foreign markets. + +The foregoing facts, however, seem to show incontestably that no such +result has followed the adoption of this policy. On the contrary, +notwithstanding the repeal of the restrictive corn laws in England, the +foreign demand for the products of the American farmer has steadily +declined, since the short crops and consequent famine in a portion of +Europe have been happily replaced by full crops and comparative abundance +of food. + +It will be seen by recurring to the commercial statistics for the past year +that the value of our domestic exports has been increased in the single +item of raw cotton by $40,000,000 over the value of that export for the +year preceding. This is not due to any increased general demand for that +article, but to the short crop of the preceding year, which created an +increased demand and an augmented price for the crop of last year. Should +the cotton crop now going forward to market be only equal in quantity to +that of the year preceding and be sold at the present prices, then there +would be a falling off in the value of our exports for the present fiscal +year of at least $40,000,000 compared with the amount exported for the year +ending 30th June, 1851. + +The production of gold in California for the past year seems to promise a +large supply of that metal from that quarter for some time to come. This +large annual increase of the currency of the world must be attended with +its usual results. These have been already partially disclosed in the +enhancement of prices and a rising spirit of speculation and adventure, +tending to overtrading, as well at home as abroad. Unless some salutary +check shall be given to these tendencies it is to be feared that +importations of foreign goods beyond a healthy demand in this country will +lead to a sudden drain of the precious metals from us, bringing with it, as +it has done in former times, the most disastrous consequences to the +business and capital of the American people. + +The exports of specie to liquidate our foreign debt during the past fiscal +year have been $24,963,979 over the amount of specie imported. The exports +of specie during the first quarter of the present fiscal year have been +$14,651,827. Should specie continue to be exported at this rate for the +remaining three quarters of this year, it will drain from our metallic +currency during the year ending 30th June, 1852, the enormous amount of +$58,607,308. + +In the present prosperous condition of the national finances it will become +the duty of Congress to consider the best mode of paying off the public +debt. If the present and anticipated surplus in the Treasury should not be +absorbed by appropriations of an extraordinary character, this surplus +should be employed in such way and under such restrictions as Congress may +enact in extinguishing the outstanding debt of the nation. + +By reference to the act of Congress approved 9th September, 1850, it will +be seen that, in consideration of certain concessions by the State of +Texas, it is provided that-- + +The United States shall pay to the State of Texas the sum of $10,000,000 in +a stock bearing 5 per cent interest and redeemable at the end of fourteen +years, the interest payable half-yearly at the Treasury of the United +States. + +In the same section of the law it is further provided-- + +That no more than five millions of said stock shall be issued until the +creditors of the State holding bonds and other certificates of stock of +Texas, for which duties on imports were specially pledged, shall first file +at the Treasury of the United States releases of all claims against the +United States for or on account of said bonds or certificates, in such form +as shall be prescribed by the Secretary of the Treasury and approved by the +President of the United States. + +The form of release thus provided for has been prescribed by the Secretary +of the Treasury and approved. It has been published in all the leading +newspapers in the commercial cities of the United States, and all persons +holding claims of the kind specified in the foregoing proviso were required +to file their releases (in the form thus prescribed) in the Treasury of the +United States on or before the 1st day of October, 1851. Although this +publication has been continued from the 25th day of March, 1851, yet up to +the 1st of October last comparatively few releases had been filed by the +creditors of Texas. + +The authorities of the State of Texas, at the request of the Secretary of +the Treasury, have furnished a schedule of the public debt of that State +created prior to her admission into the Union, with a copy of the laws +under which each class was contracted. I have, from the documents furnished +by the State of Texas, determined the classes of claims which in my +judgment fall within the provisions of the act of Congress of the 9th of +September, 1850. + +On being officially informed of the acceptance by Texas of the propositions +contained in the act referred to I caused the stock to be prepared, and the +five millions which are to be issued unconditionally, bearing an interest +of 5 per cent from the 1st day of January, 1851, have been for some time +ready to be delivered to the State of Texas. The authorities of Texas up to +the present time have not authorized anyone to receive this stock, and it +remains in the Treasury Department subject to the order of Texas. The +releases required by law to be deposited in the Treasury not having been +filed there, the remaining five millions have not been issued. This last +amount of the stock will be withheld from Texas until the conditions upon +which it is to be delivered shall be complied with by the creditors of that +State, unless Congress shall otherwise direct by a modification of the +law. + +In my last annual message, to which I respectfully refer, I stated briefly +the reasons which induced me to recommend a modification of the present +tariff by converting the ad valorem into a specific duty wherever the +article imported was of such a character as to permit it, and that such a +discrimination should be made in favor of the industrial pursuits of our +own country as to encourage home production without excluding foreign +competition. + +The numerous frauds which continue to be practiced upon the revenue by +false invoices and undervaluations constitute an unanswerable reason for +adopting specific instead of ad valorem duties in all cases where the +nature of the commodity does not forbid it. A striking illustration of +these frauds will be exhibited in the report of the Secretary of the +Treasury, showing the custom-house valuation of articles imported under a +former law, subject to specific duties, when there was no inducement to +undervaluation, and the custom-house valuations of the same articles under +the present system of ad valorem duties, so greatly reduced as to leave no +doubt of the existence of the most flagrant abuses under the existing laws. +This practical evasion of the present law, combined with the languishing +condition of some of the great interests of the country, caused by over +importations and consequent depressed prices, and with the failure in +obtaining a foreign market for our increasing surplus of breadstuffs and +provisions, has induced me again to recommend a modification of the +existing tariff. The report of the Secretary of the Interior, which +accompanies this communication, will present a condensed statement of the +operations of that important Department of the Government. + +It will be seen that the cash sales of the public lands exceed those of the +preceding year, and that there is reason to anticipate a still further +increase, notwithstanding the large donations which have been made to many +of the States and the liberal grants to individuals as a reward for +military services. This fact furnishes very gratifying evidence of the +growing wealth and prosperity of our country. + +Suitable measures have been adopted for commencing the survey of the public +lands in California and Oregon. Surveying parties have been organized and +some progress has been made in establishing the principal base and meridian +lines. But further legislation and additional appropriations will be +necessary before the proper subdivisions can be made and the general land +system extended over those remote parts of our territory. + +On the 3d of March last an act was passed providing for the appointment of +three commissioners to settle private land claims in California. Three +persons were immediately appointed, all of whom, however, declined +accepting the office in consequence of the inadequacy of the compensation. +Others were promptly selected, who for the same reason also declined, and +it was not until late in the season that the services of suitable persons +could be secured. A majority of the commissioners convened in this city on +the 10th of September last, when detailed instructions were given to them +in regard to their duties. Their first meeting for the transaction of +business will be held in San Francisco on the 8th day of the present +month. + +I have thought it proper to refer to these facts, not only to explain the +causes of the delay in filling the commission, but to call your attention +to the propriety of increasing the compensation of the commissioners. The +office is one of great labor and responsibility, and the compensation +should be such as to command men of a high order of talents and the most +unquestionable integrity. + +The proper disposal of the mineral lands of California is a subject +surrounded by great difficulties. In my last annual message I recommended +the survey and sale of them in small parcels under such restrictions as +would effectually guard against monopoly and speculation; but upon further +information, and in deference to the opinions of persons familiar with the +subject, I am inclined to change that recommendation and to advise that +they be permitted to remain as at present, a common field, open to the +enterprise and industry of all our citizens, until further experience shall +have developed the best policy to be ultimately adopted in regard to them. +It is safer to suffer the inconveniences that now exist for a short period +than by premature legislation to fasten on the country a system founded in +error, which may place the whole subject beyond the future control of +Congress. + +The agricultural lands should, however, be surveyed and brought into market +with as little delay as possible, that the titles may become settled and +the inhabitants stimulated to make permanent improvements and enter on the +ordinary pursuits of life. To effect these objects it is desirable that the +necessary provision be made by law for the establishment of land offices in +California and Oregon and for the efficient prosecution of the surveys at +an early day. + +Some difficulties have occurred in organizing the Territorial governments +of New Mexico and Utah, and when more accurate information shall be +obtained of the causes a further communication will be made on that +subject. + +In my last annual communication to Congress I recommended the establishment +of an agricultural bureau, and I take this occasion again to invoke your +favorable consideration of the subject. + +Agriculture may justly be regarded as the great interest of our people. +Four-fifths of our active population are employed in the cultivation of the +soil, and the rapid expansion of our settlements over new territory is +daily adding to the number of those engaged in that vocation. Justice and +sound policy, therefore, alike require that the Government should use all +the means authorized by the Constitution to promote the interests and +welfare of that important class of our fellow-citizens. And yet it is a +singular fact that whilst the manufacturing and commercial interests have +engaged the attention of Congress during a large portion of every session +and our statutes abound in provisions for their protection and +encouragement, little has yet been done directly for the advancement of +agriculture. It is time that this reproach to our legislation should be +removed, and I sincerely hope that the present Congress will not close +their labors without adopting efficient means to supply the omissions of +those who have preceded them. + +An agricultural bureau, charged with the duty of collecting and +disseminating correct information as to the best modes of cultivation and +of the most effectual means of preserving and restoring the fertility of +the soil and of procuring and distributing seeds and plants and other +vegetable productions, with instructions in regard to the soil, climate, +and treatment best adapted to their growth, could not fail to be, in the +language of Washington in his last annual message to Congress, a "very +cheap instrument of immense national benefit." + +Regarding the act of Congress approved 28th September, 1850, granting +bounty lands to persons who had been engaged in the military service of the +country, as a great measure of national justice and munificence, an anxious +desire has been felt by the officers intrusted with its immediate execution +to give prompt effect to its provisions. All the means within their control +were therefore brought into requisition to expedite the adjudication of +claims, and I am gratified to be able to state that near 100,000 +applications have been considered and about 70,000 warrants issued within +the short space of nine months. If adequate provision be made by law to +carry into effect the recommendations of the Department, it is confidently +expected that before the close of the next fiscal year all who are entitled +to the benefits of the act will have received their warrants. + +The Secretary of the Interior has suggested in his report various +amendments of the laws relating to pensions and bounty lands for the +purpose of more effectually guarding against abuses and frauds on the +Government, to all of which I invite your particular attention. The large +accessions to our Indian population consequent upon the acquisition of New +Mexico and California and the extension of our settlements into Utah and +Oregon have given increased interest and importance to our relations with +the aboriginal race. No material change has taken place within the last +year in the condition and prospects of the Indian tribes who reside in the +Northwestern Territory and west of the Mississippi River. We are at peace +with all of them, and it will be a source of pleasure to you to learn that +they are gradually advancing in civilization and the pursuits of social +life. + +Along the Mexican frontier and in California and Oregon there have been +occasional manifestations of unfriendly feeling and some depredations +committed. I am satisfied, however, that they resulted more from the +destitute and starving condition of the Indians than from any settled +hostility toward the whites. As the settlements of our citizens progress +toward them, the game, upon which they mainly rely for subsistence, is +driven off or destroyed, and the only alternative left to them is +starvation or plunder. It becomes us to consider, in view of this condition +of things, whether justice and humanity, as well as an enlightened economy, +do not require that instead of seeking to punish them for offenses which +are the result of our own policy toward them we should not provide for +their immediate wants and encourage them to engage in agriculture and to +rely on their labor instead of the chase for the means of support. + +Various important treaties have been negotiated with different tribes +during the year, by which their title to large and valuable tracts of +country has been extinguished, all of which will at the proper time be +submitted to the Senate for ratification. + +The joint commission under the treaty of Guadalupe Hidalgo has been +actively engaged in running and marking the boundary line between the +United States and Mexico. It was stated in the last annual report of the +Secretary of the Interior that the initial point on the Pacific and the +point of junction of the Gila with the Colorado River had been determined +and the intervening line, about 150 miles in length, run and marked by +temporary monuments. Since that time a monument of marble has been erected +at the initial point, and permanent landmarks of iron have been placed at +suitable distances along the line. + +The initial point on the Rio Grande has also been fixed by the +commissioners, at latitude 32 degrees 22', and at the date of the last +communication the survey of the line had been made thence westward about +150 miles to the neighborhood of the copper mines. The commission on our +part was at first organized on a scale which experience proved to be +unwieldy and attended with unnecessary expense. Orders have therefore been +issued for the reduction of the number of persons employed within the +smallest limits consistent with the safety of those engaged in the service +and the prompt and efficient execution of their important duties. + +Returns have been received from all the officers engaged in taking the +census in the States and Territories except California. The superintendent +employed to make the enumeration in that State has not yet made his full +report, from causes, as he alleges, beyond his control. This failure is +much to be regretted, as it has prevented the Secretary of the Interior +from making the decennial apportionment of Representatives among the +States, as required by the act approved May 23, 1850. It is hoped, however, +that the returns will soon be received, and no time will then be lost in +making the necessary apportionment and in transmitting the certificates +required by law. + +The Superintendent of the Seventh Census is diligently employed, under the +direction of the Secretary of the Interior, in classifying and arranging in +tabular form all the statistical information derived from the returns of +the marshals, and it is believed that when the work shall be completed it +will exhibit a more perfect view of the population, wealth, occupations, +and social condition of a great country than has ever been presented to the +world. The value of such a work as the basis of enlightened legislation can +hardly be overestimated, and I earnestly hope that Congress will lose no +time in making the appropriations necessary to complete the classifications +and to publish the results in a style worthy of the subject and of our +national character. + +The want of a uniform fee bill, prescribing the compensation to be allowed +district attorneys, clerks, marshals, and commissioners in civil and +criminal cases, is the cause of much vexation, injustice, and complaint. I +would recommend a thorough revision of the laws on the whole subject and +the adoption of a tariff of fees which, as far as practicable, should be +uniform, and prescribe a specific compensation for every service which the +officer may be required to perform. This subject will be fully presented in +the report of the Secretary of the Interior. In my last annual message I +gave briefly my reasons for believing that you possessed the constitutional +power to improve the harbors of our Great Lakes and seacoast and the +navigation of our principal rivers, and recommended that appropriations +should be made for completing such works as had already been commenced and +for commencing such others as might seem to the wisdom of Congress to be of +public and general importance. Without repeating the reasons then urged, I +deem it my duty again to call your attention to this important subject. The +works on many of the harbors were left in an unfinished state, and +consequently exposed to the action of the elements, which is fast +destroying them. Great numbers of lives and vast amounts of property are +annually lost for want of safe and convenient harbors on the Lakes. None +but those who have been exposed to that dangerous navigation can fully +appreciate the importance of this subject. The whole Northwest appeals to +you for relief, and I trust their appeal will receive due consideration at +your hands. + +The same is in a measure true in regard to some of the harbors and inlets +on the seacoast. + +The unobstructed navigation of our large rivers is of equal importance. Our +settlements are now extending to the sources of the great rivers which +empty into and form a part of the Mississippi, and the value of the public +lands in those regions would be greatly enhanced by freeing the navigation +of those waters from obstructions. In view, therefore, of this great +interest, I deem it my duty again to urge upon Congress to make such +appropriations for these improvements as they may deem necessary. + +The surveys of the Delta of the Mississippi, with a view to the prevention +of the overflows that have proved so disastrous to that region of country, +have been nearly completed, and the reports thereof are now in course of +preparation and will shortly be laid before you. + +The protection of our southwestern frontier and of the adjacent Mexican +States against the Indian tribes within our border has claimed my earnest +and constant attention. Congress having failed at the last session to adopt +my recommendation that an additional regiment of mounted men specially +adapted to that service should be raised, all that remained to be done was +to make the best use of the means at my disposal. Accordingly, all the +troops adapted to that service that could properly be spared from other +quarters have been concentrated on that frontier and officers of high +reputation selected to command them. A new arrangement of the military +posts has also been made, whereby the troops are brought nearer to the +Mexican frontier and to the tribes they are intended to overawe. + +Sufficient time has not yet elapsed to realize all the benefits that are +expected to result from these arrangements, but I have every reason to hope +that they will effectually check their marauding expeditions. The nature of +the country, which furnishes little for the support of an army and abounds +in places of refuge and concealment, is remarkably well adapted to this +predatory warfare, and we can scarcely hope that any military force, +combined with the greatest vigilance, can entirely suppress it. + +By the treaty of Guadalupe Hidalgo we are bound to protect the territory of +Mexico against the incursions of the savage tribes within our border "with +equal diligence and energy" as if the same were made within our territory +or against our citizens. I have endeavored to comply as far as possible +with this provision of the treaty. Orders have been given to the officers +commanding on that frontier to consider the Mexican territory and its +inhabitants as equally with our own entitled to their protection, and to +make all their plans and arrangements with a view to the attainment of this +object. Instructions have also been given to the Indian commissioners and +agents among these tribes in all treaties to make the clauses designed for +the protection of our own citizens apply also to those of Mexico. I have no +reason to doubt that these instructions have been fully carried into +effect; nevertheless, it is probable that in spite of all our efforts some +of the neighboring States of Mexico may have suffered, as our own have, +from depredations by the Indians. + +To the difficulties of defending our own territory, as above mentioned, are +superadded, in defending that of Mexico, those that arise from its +remoteness, from the fact that we have no right to station our troops +within her limits and that there is no efficient military force on the +Mexican side to cooperate with our own. + +So long as this shall continue to be the case the number and activity of +our troops will rather increase than diminish the evil, as the Indians will +naturally turn toward that country where they encounter the least +resistance. Yet these troops are necessary to subdue them and to compel +them to make and observe treaties. Until this shall have been done neither +country will enjoy any security from their attacks. + +The Indians in California, who had previously appeared of a peaceable +character and disposed to cultivate the friendship of the whites, have +recently committed several acts of hostility. As a large portion of the +reenforcements sent to the Mexican frontier were drawn from the Pacific, +the military force now stationed there is considered entirely inadequate to +its defense. It can not be increased, however, without an increase of the +Army, and I again recommend that measure as indispensable to the protection +of the frontier. + +I invite your attention to the suggestions on this subject and on others +connected with his Department in the report of the Secretary of War. The +appropriations for the support of the Army during the current fiscal year +ending 30th June next were reduced far below the estimate submitted by the +Department. The consequence of this reduction is a considerable deficiency, +to which I invite your early attention. The expenditures of that Department +for the year ending 30th June last were $9,060,268.58, The estimates for +the year commencing 1st July next and ending June 30, 1853, are +$7,898,775.83, showing a reductions of $1,161,492.75, The board of +commissioners to whom the management of the affairs of the military asylum +created by the act of 3d March last was intrusted have selected a site for +the establishment of an asylum in the vicinity of this city, which has been +approved by me subject to the production of a satisfactory title. + +The report of the Secretary of the Navy will exhibit the condition of the +public service under the supervision of that Department. Our naval force +afloat during the present year has been actively and usefully employed in +giving protection to our widely extended and increasing commerce and +interests in the various quarters of the globe, and our flag has everywhere +afforded the security and received the respect inspired by the justice and +liberality of our intercourse and the dignity and power of the nation. + +The expedition commanded by Lieutenant De Haven, dispatched in search of +the British commander Sir John Franklin and his companions in the Arctic +Seas, returned to New York in the month of October, after having undergone +great peril and suffering from an unknown and dangerous navigation and the +rigors of a northern climate, without any satisfactory information of the +objects of their search, but with new contributions to science and +navigation from the unfrequented polar regions. The officers and men of the +expedition having been all volunteers for this service and having so +conducted it as to meet the entire approbation of the Government, it is +suggested, as an act of grace and generosity, that the same allowance of +extra pay and emoluments be extended to them that were made to the officers +and men of like rating in the late exploring expedition to the South Seas. + +I earnestly recommend to your attention the necessity of reorganizing the +naval establishment, apportioning and fixing the number of officers in each +grade, providing some mode of promotion to the higher grades of the Navy +having reference to merit and capacity rather than seniority or date of +entry into the service, and for retiring from the effective list upon +reduced pay those who may be incompetent to the performance of active duty. +As a measure of economy, as well as of efficiency, in this arm of the +service, the provision last mentioned is eminently worthy of your +consideration. + +The determination of the questions of relative rank between the sea +officers and civil officers of the Navy, and between officers of the Army +and Navy, in the various grades of each, will also merit your attention. +The failure to provide any substitute when corporal punishment was +abolished for offenses in the Navy has occasioned the convening of numerous +courts-martial upon the arrival of vessels in port, and is believed to have +had an injurious effect upon the discipline and efficiency of the service. +To moderate punishment from one grade to another is among the humane +reforms of the age, but to abolish one of severity, which applied so +generally to offenses on shipboard, and provide nothing in its stead is to +suppose a progress of improvement in every individual among seamen which is +not assumed by the Legislature in respect to any other class of men. It is +hoped that Congress, in the ample opportunity afforded by the present +session, will thoroughly investigate this important subject, and establish +such modes of determining guilt and such gradations of punishment as are +consistent with humanity and the personal rights of individuals, and at the +same time shall insure the most energetic and efficient performance of duty +and the suppression of crime in our ships of war. + +The stone dock in the navy-yard at New York, which was ten years in process +of construction, has been so far finished as to be surrendered up to the +authorities of the yard. The dry dock at Philadelphia is reported as +completed, and is expected soon to be tested and delivered over to the +agents of the Government. That at Portsmouth, N. H., is also nearly ready +for delivery; and a contract has been concluded, agreeably to the act of +Congress at its last session, for a floating sectional dock on the Bay of +San Francisco. I invite your attention to the recommendation of the +Department touching the establishment of a navy-yard in conjunction with +this dock on the Pacific. Such a station is highly necessary to the +convenience and effectiveness of our fleet in that ocean, which must be +expected to increase with the growth of commerce and the rapid extension of +our whale fisheries over its waters. + +The Naval Academy at Annapolis, under a revised and improved system of +regulations, now affords opportunities of education and instruction to the +pupils quite equal, it is believed, for professional improvement, to those +enjoyed by the cadets in the Military Academy. A large class of acting +midshipmen was received at the commencement of the last academic term, and +a practice ship has been attached to the institution to afford the amplest +means for regular instruction in seamanship, as well as for cruises during +the vacations of three or four months in each year. + +The advantages of science in nautical affairs have rarely been more +strikingly illustrated than in the fact, stated in the report of the Navy +Department, that by means of the wind and current charts projected and +prepared by Lieutenant Maury, the Superintendent of the Naval Observatory, +the passage from the Atlantic to the Pacific ports of our country has been +shortened by about forty days. + +The estimates for the support of the Navy and Marine Corps the ensuing +fiscal year will be found to be $5,856,472.19, the estimates for the +current year being $5,900,621. + +The estimates for special objects under the control of this Department +amount to $2,684,220.89, against $2,210,980 for the present year, the +increase being occasioned by the additional mail service on the Pacific +Coast and the construction of the dock in California, authorized at the +last session of Congress, and some slight additions under the head of +improvements and repairs in navy-yards, buildings, and machinery. I deem it +of much importance to a just economy and a correct understanding of naval +expenditures that there should be an entire separation of the +appropriations for the support of the naval service proper from those for +permanent improvements at navy-yards and stations and from ocean steam mail +service and other special objects assigned to the supervision of this +Department. + +The report of the Postmaster-General, herewith communicated, presents an +interesting view of the progress, operations, and condition of his +Department. + +At the close of the last fiscal year the length of mail routes within the +United States was 196,290 miles, the annual transportation thereon +53,272,252 miles, and the annual cost of such transportation $3,421,754. + +The length of the foreign mail routes is estimated at 18,349 miles and the +annual transportation thereon at 615,206 miles. The annual cost of this +service is $1,472,187, of which $448,937 are paid by the Post-Office +Department and $1,023,250 are paid through the Navy Department. + +The annual transportation within the United States, excluding the service +in California and Oregon, which is now for the first time reported and +embraced in the tabular statements of the Department, exceeds that of the +preceding year 6,162,855 miles, at an increased cost of $547,110. + +The whole number of post-offices in the United States on the 30th day of +June last was 19,796. There were 1,698 post-offices established and 256 +discontinued during the year. + +The gross revenues of the Department for the fiscal year, including the +appropriations for the franked matter of Congress, of the Departments, and +officers of Government, and excluding the foreign postages collected for +and payable to the British post-office, amounted to $6,727,866.78. + +The expenditures for the same period, excluding $20,599.49, paid under an +award of the Auditor, in pursuance of a resolution of the last Congress, +for mail service on the Ohio and Mississippi rivers in 1832 and 1833, and +the amount paid to the British post-office for foreign postages collected +for and payable to that office, amounted to $6,024,566.79, leaving a +balance of revenue over the proper expenditures of the year of +$703,299.99. + +The receipts for postages during the year, excluding the foreign postages +collected for and payable to the British post-office, amounted to +$6,345,747.21, being an increase of $997,610.79, or 18.65 per cent, over +the like receipts for the preceding year. + +The reduction of postage under the act of March last did not take effect +until the commencement of the present fiscal year. The accounts for the +first quarter under the operation of the reduced rates will not be settled +before January next, and no reliable estimate of the receipts for the +present year can yet be made. It is believed, however, that they will fall +far short of those of the last year. The surplus of the revenues now on +hand is, however, so large that no further appropriation from the Treasury +in aid of the revenues of the Department is required for the current fiscal +year, but an additional appropriation for the year ending June 30, 1853, +will probably be found necessary when the receipts of the first two +quarters of the fiscal year are fully ascertained. + +In his last annual report the Postmaster-General recommended a reduction of +postage to rates which he deemed as low as could be prudently adopted +unless Congress was prepared to appropriate from the Treasury for the +support of the Department a sum more than equivalent to the mail services +performed by it for the Government. The recommendations of the +Postmaster-General in respect to letter postage, except on letters from and +to California and Oregon, were substantially adopted by the last Congress. +He now recommends adherence to the present letter rates and advises against +a further reduction until justified by the revenue of the Department. + +He also recommends that the rates of postage on printed matter be so +revised as to render them more simple and more uniform in their operation +upon all classes of printed matter. I submit the recommendations of the +report to your favorable consideration. + +The public statutes of the United States have now been accumulating for +more than sixty years, and, interspersed with private acts, are scattered +through numerous volumes, and, from the cost of the whole, have become +almost inaccessible to the great mass of the community. They also exhibit +much of the incongruity and imperfection of hasty legislation. As it seems +to be generally conceded that there is no "common law" of the United States +to supply the defects of their legislation, it is most important that that +legislation should be as perfect as possible, defining every power intended +to be conferred, every crime intended to be made punishable, and +prescribing the punishment to be inflicted. In addition to some particular +cases spoken of more at length, the whole criminal code is now lamentably +defective. Some offenses are imperfectly described and others are entirely +omitted, so that flagrant crimes may be committed with impunity. The scale +of punishment is not in all cases graduated according to the degree and +nature of the offense, and is often rendered more unequal by the different +modes of imprisonment or penitentiary confinement in the different States. + +Many laws of a permanent character have been introduced into appropriation +bills, and it is often difficult to determine whether the particular clause +expires with the temporary act of which it is a part or continues in force. +It has also frequently happened that enactments and provisions of law have +been introduced into bills with the title or general subject of which they +have little or no connection or relation. In this mode of legislation so +many enactments have been heaped upon each other, and often with but little +consideration, that in many instances it is difficult to search out and +determine what is the law. + +The Government of the United States is emphatically a government of written +laws. The statutes should therefore, as far as practicable, not only be +made accessible to all, but be expressed in language so plain and simple as +to be understood by all and arranged in such method as to give perspicuity +to every subject. Many of the States have revised their public acts with +great and manifest benefit, and I recommend that provision be made by law +for the appointment of a commission to revise the public statutes of the +United States, arranging them in order, supplying deficiencies, correcting +incongruities, simplifying their language, and reporting them to Congress +for its action. + +An act of Congress approved 30th September, 1850, contained a provision for +the extension of the Capitol according to such plan as might be approved by +the President, and appropriated $100,000 to be expended under his direction +by such architect as he should appoint to execute the same. On examining +the various plans which had been submitted by different architects in +pursuance of an advertisement by a committee of the Senate no one was found +to be entirely satisfactory, and it was therefore deemed advisable to +combine and adopt the advantages of several. + +The great object to be accomplished was to make such an addition as would +afford ample and convenient halls for the deliberations of the two Houses +of Congress, with sufficient accommodations for spectators and suitable +apartments for the committees and officers of the two branches of the +Legislature. It was also desirable not to mar the harmony and beauty of the +present structure, which, as a specimen of architecture, is so universally +admired. Keeping these objects in view, I concluded to make the addition by +wings, detached from the present building, yet connected with it by +corridors. This mode of enlargement will leave the present Capitol +uninjured and afford great advantages for ventilation and the admission of +light, and will enable the work to progress without interrupting the +deliberations of Congress. To carry this plan into effect I have appointed +an experienced and competent architect. The corner stone was laid on the +4th day of July last with suitable ceremonies, since which time the work +has advanced with commendable rapidity, and the foundations of both wings +are now nearly complete. + +I again commend to your favorable regard the interests of the District of +Columbia, and deem it only necessary to remind you that although its +inhabitants have no voice in the choice of Representatives in Congress, +they are not the less entitled to a just and liberal consideration in your +legislation. My opinions on this subject were more fully expressed in my +last annual communication. + +Other subjects were brought to the attention of Congress in my last annual +message, to which I would respectfully refer. But there was one of more +than ordinary interest, to which I again invite your special attention. I +allude to the recommendation for the appointment of a commission to settle +private claims against the United States. Justice to individuals, as well +as to the Government, imperatively demands that some more convenient and +expeditious mode than an appeal to Congress should be adopted. + +It is deeply to be regretted that in several instances officers of the +Government, in attempting to execute the law for the return of fugitives +from labor, have been openly resisted and their efforts frustrated and +defeated by lawless and violent mobs; that in one case such resistance +resulted in the death of an estimable citizen, and in others serious injury +ensued to those officers and to individuals who were using their endeavors +to sustain the laws. Prosecutions have been instituted against the alleged +offenders so far as they could be identified, and are still pending. I have +regarded it as my duty in these cases to give all aid legally in my power +to the enforcement of the laws, and I shall continue to do so wherever and +whenever their execution may be resisted. + +The act of Congress for the return of fugitives from labor is one required +and demanded by the express words of the Constitution. The Constitution +declares that--No person held to service or labor in one State, under the +laws thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall be +delivered up on claim of the party to whom such service or labor may be +due. This constitutional provision is equally obligatory upon the +legislative, the executive, and judicial departments of the Government, and +upon every citizen of the United States. + +Congress, however, must from necessity first act upon the subject by +prescribing the proceedings necessary to ascertain that the person is a +fugitive and the means to be used for his restoration to the claimant. This +was done by an act passed during the first term of President Washington, +which was amended by that enacted by the last Congress, and it now remains +for the executive and judicial departments to take care that these laws be +faithfully executed. This injunction of the Constitution is as peremptory +and as binding as any other; it stands exactly on the same foundation as +that clause which provides for the return of fugitives from justice, or +that which declares that no bill of attainder or ex post facto law shall be +passed, or that which provides for an equality of taxation according to the +census, or the clause declaring that all duties shall be uniform throughout +the United States, or the important provision that the trial of all crimes +shall be by jury. These several articles and clauses of the Constitution, +all resting on the same authority, must stand or fall together. Some +objections have been urged against the details of the act for the return of +fugitives from labor, but it is worthy of remark that the main opposition +is aimed against the Constitution itself, and proceeds from persons and +classes of persons many of whom declare their wish to see that Constitution +overturned. They avow their hostility to any law which shall give full and +practical effect to this requirement of the Constitution. Fortunately, the +number of these persons is comparatively small, and is believed to be daily +diminishing; but the issue which they present is one which involves the +supremacy and even the existence of the Constitution. + +Cases have heretofore arisen in which individuals have denied the binding +authority of acts of Congress, and even States have proposed to nullify +such acts upon the ground that the Constitution was the supreme law of the +land, and that those acts of Congress were repugnant to that instrument; +but nullification is now aimed not so much against particular laws as being +inconsistent with the Constitution as against the Constitution itself, and +it is not to be disguised that a spirit exists, and has been actively at +work, to rend asunder this Union, which is our cherished inheritance from +our Revolutionary fathers. + +In my last annual message I stated that I considered the series of measures +which had been adopted at the previous session in reference to the +agitation growing out of the Territorial and slavery questions as a final +settlement in principle and substance of the dangerous and exciting +subjects which they embraced, and I recommended adherence to the adjustment +established by those measures until time and experience should demonstrate +the necessity of further legislation to guard against evasion or abuse. I +was not induced to make this recommendation because I thought those +measures perfect, for no human legislation can be perfect. Wide differences +and jarring opinions can only be reconciled by yielding something on all +sides, and this result had been reached after an angry conflict of many +months, in which one part of the country was arrayed against another, and +violent convulsion seemed to be imminent. Looking at the interests of the +whole country, I felt it to be my duty to seize upon this compromise as the +best that could be obtained amid conflicting interests and to insist upon +it as a final settlement, to be adhered to by all who value the peace and +welfare of the country. A year has now elapsed since that recommendation +was made. To that recommendation I still adhere, and I congratulate you and +the country upon the general acquiescence in these measures of peace which +has been exhibited in all parts of the Republic. And not only is there this +general acquiescence in these measures, but the spirit of conciliation +which has been manifested in regard to them in all parts of the country has +removed doubts and uncertainties in the minds of thousands of good men +concerning the durability of our popular institutions and given renewed +assurance that our liberty and our Union may subsist together for the +benefit of this and all succeeding generations. + +*** + +State of the Union Address +Millard Fillmore +December 6, 1852 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The brief space which has elapsed since the close of your last session has +been marked by no extraordinary political event. The quadrennial election +of Chief Magistrate has passed off with less than the usual excitement. +However individuals and parties may have been disappointed in the result, +it is, nevertheless, a subject of national congratulation that the choice +has been effected by the independent suffrages of a free people, +undisturbed by those influences which in other countries have too often +affected the purity of popular elections. + +Our grateful thanks are due to an all-merciful Providence, not only for +staying the pestilence which in different forms has desolated some of our +cities, but for crowning the labors of the husbandman with an abundant +harvest and the nation generally with the blessings of peace and +prosperity. + +Within a few weeks the public mind has been deeply affected by the death of +Daniel Webster, filling at his decease the office of Secretary of State. +His associates in the executive government have sincerely sympathized with +his family and the public generally on this mournful occasion. His +commanding talents, his great political and professional eminence, his +well-tried patriotism, and his long and faithful services in the most +important public trusts have caused his death to be lamented throughout the +country and have earned for him a lasting place in our history. In the +course of the last summer considerable anxiety was caused for a short time +by an official intimation from the Government of Great Britain that orders +had been given for the protection of the fisheries upon the coasts of the +British provinces in North America against the alleged encroachments of the +fishing vessels of the United States and France. The shortness of this +notice and the season of the year seemed to make it a matter of urgent +importance. It was at first apprehended that an increased naval force had +been ordered to the fishing grounds to carry into effect the British +interpretation of those provisions in the convention of 1818 in reference +to the true intent of which the two Governments differ. It was soon +discovered that such was not the design of Great Britain, and satisfactory +explanations of the real objects of the measure have been given both here +and in London. + +The unadjusted difference, however, between the two Governments as to the +interpretation of the first article of the convention of 1818 is still a +matter of importance. American fishing vessels, within nine or ten years, +have been excluded from waters to which they had free access for +twenty-five years after the negotiation of the treaty. In 1845 this +exclusion was relaxed so far as concerns the Bay of Fundy, but the just and +liberal intention of the home Government, in compliance with what we think +the true construction of the convention, to open all the other outer bays +to our fishermen was abandoned in consequence of the opposition of the +colonies. Notwithstanding this, the United States have, since the Bay of +Fundy was reopened to our fishermen in 1845, pursued the most liberal +course toward the colonial fishing interests. By the revenue law of 1846 +the duties on colonial fish entering our ports were very greatly reduced, +and by the warehousing act it is allowed to be entered in bond without +payment of duty. In this way colonial fish has acquired the monopoly of the +export trade in our market and is entering to some extent into the home +consumption. These facts were among those which increased the sensibility +of our fishing interest at the movement in question. These circumstances +and the incidents above alluded to have led me to think the moment +favorable for a reconsideration of the entire subject of the fisheries on +the coasts of the British Provinces, with a view to place them upon a more +liberal footing of reciprocal privilege. A willingness to meet us in some +arrangement of this kind is understood to exist on the part of Great +Britain, with a desire on her part to include in one comprehensive +settlement as well this subject as the commercial intercourse between the +United States and the British Provinces. I have thought that, whatever +arrangements may be made on these two subjects, it is expedient that they +should be embraced in separate conventions. The illness and death of the +late Secretary of State prevented the commencement of the contemplated +negotiation. Pains have been taken to collect the information required for +the details of such an arrangement. The subject is attended with +considerable difficulty. If it is found practicable to come to an agreement +mutually acceptable to the two parties, conventions may be concluded in the +course of the present winter. The control of Congress over all the +provisions of such an arrangement affecting the revenue will of course be +reserved. + +The affairs of Cuba formed a prominent topic in my last annual message. +They remain in an uneasy condition, and a feeling of alarm and irritation +on the part of the Cuban authorities appears to exist. This feeling has +interfered with the regular commercial intercourse between the United +States and the island and led to some acts of which we have a fight to +complain. But the Captain-General of Cuba is clothed with no power to treat +with foreign governments, nor is he in any degree under the control of the +Spanish minister at Washington. Any communication which he may hold with an +agent of a foreign power is informal and matter of courtesy. Anxious to put +an end to the existing inconveniences (which seemed to rest on a +misconception), I directed the newly appointed minister to Mexico to visit +Havana on his way to Vera Cruz. He was respectfully received by the +Captain-General, who conferred with him freely on the recent occurrences, +but no permanent arrangement was effected. + +In the meantime the refusal of the Captain-Generalto allow passengers and +the mail to be landed in certain cases, for a reason which does not +furnish, in the opinion of this Government, even a good presumptive ground +for such prohibition, has been made the subject of a serious remonstrance +at Madrid, and I have no reason to doubt that due respect will be paid by +the Government of Her Catholic Majesty to the representations which our +minister has been instructed to make on the subject. + +It is but justice to the Captain-General to add that his conduct toward the +steamers employed to carry the mails of the United States to Havana has, +with the exceptions above alluded to, been marked with kindness and +liberality, and indicates no general purpose of interfering with the +commercial correspondence and intercourse between the island and this +country. + +Early in the present year official notes were received from the ministers +of France and England inviting the Government of the United States to +become a party with Great Britain and France to a tripartite convention, in +virtue of which the three powers should severally and collectively disclaim +now and for the future all intention to obtain possession of the island of +Cuba, and should bind themselves to discountenance all attempts to that +effect on the part of any power or individual whatever. This invitation has +been respectfully declined, for reasons which it would occupy too much +space in this communication to state in detail, but which led me to think +that the proposed measure would be of doubtful constitutionality, +impolitic, and unavailing. I have, however, in common with several of my +predecessors, directed the ministers of France and England to be assured +that the United States entertain no designs against Cuba, but that, on the +contrary, I should regard its incorporation into the Union at the present +time as fraught with serious peril. + +Were this island comparatively destitute of inhabitants or occupied by a +kindred race, I should regard it, if voluntarily ceded by Spain, as a most +desirable acquisition. But under existing circumstances I should look upon +its incorporation into our Union as a very hazardous measure. It would +bring into the Confederacy a population of a different national stock, +speaking a different language, and not likely to harmonize with the other +members. It would probably affect in a prejudicial manner the industrial +interests of the South, and it might revive those conflicts of opinion +between the different sections of the country which lately shook the Union +to its center, and which have been so happily compromised. + +The rejection by the Mexican Congress of the convention which had been +concluded between that Republic and the United States for the protection of +a transit way across the Isthmus of Tehuantepec and of the interests of +those citizens of the United States who had become proprietors of the +rights which Mexico had conferred on one of her own citizens in regard to +that transit has thrown a serious obstacle in the way of the attainment of +a very desirable national object. I am still willing to hope that the +differences on the subject which exist, or may hereafter arise, between the +Governments will be amicably adjusted. This subject, however, has already +engaged the attention of the Senate of the United States, and requires no +further comment in this communication. + +The settlement of the question respecting the port of San Juan de Nicaragua +and of the controversy between the Republics of Costa Rica and Nicaragua in +regard to their boundaries was considered indispensable to the commencement +of the ship canal between the two oceans, which was the subject of the +convention between the United States and Great Britain of the 19th of +April, 1850. Accordingly, a proposition for the same purposes, addressed to +the two Governments in that quarter and to the Mosquito Indians, was agreed +to in April last by the Secretary of State and the minister of Her +Britannic Majesty. Besides the wish to aid in reconciling the differences +of the two Republics, I engaged in the negotiation from a desire to place +the great work of a ship canal between the two oceans under one +jurisdiction and to establish the important port of San Juan de Nicaragua +under the government of a civilized power. The proposition in question was +assented to by Costs Rica and the Mosquito Indians. It has not proved +equally acceptable to Nicaragua, but it is to be hoped that the further +negotiations on the subject which are in train will be carried on in that +spirit of conciliation and compromise which ought always to prevail on such +occasions, and that they will lead to a satisfactory result. + +I have the satisfaction to inform you that the executive government of +Venezuela has acknowledged some claims of citizens of the United States +which have for many years past been urged by our charge d'affaires at +Caracas. It is hoped that the same sense of justice will actuate the +Congress of that Republic in providing the means for their payment. + +The recent revolution in Buenos Ayres and the Confederated States having +opened the prospect of an improved state of things in that quarter, the +Governments of Great Britain and France determined to negotiate with the +chief of the new confederacy for the free access of their commerce to the +extensive countries watered by the tributaries of the La Plata; and they +gave a friendly notice of this purpose to the United States, that we might, +if we thought proper, pursue the same course. In compliance with this +invitation, our minister at Rio Janeiro and our charge d'affaires at +Buenos Ayres have been fully authorized to conclude treaties with the newly +organized confederation or the States composing it. The delays which have +taken place in the formation of the new government have as yet prevented +the execution of those instructions, but there is every reason to hope that +these vast countries will be eventually opened to our commerce. + +A treaty of commerce has been concluded between the United States and the +Oriental Republic of Uruguay, which will be laid before the Senate. Should +this convention go into operation, it will open to the commercial +enterprise of our citizens a country of great extent and unsurpassed in +natural resources, but from which foreign nations have hitherto been almost +wholly excluded. + +The correspondence of the late Secretary of State with the Peruvian charge +d'affaires relative to the Lobos Islands was communicated to Congress +toward the close of the last session. Since that time, on further +investigation of the subject, the doubts which had been entertained of the +title of Peru to those islands have been removed, and I have deemed it just +that the temporary wrong which had been unintentionally done her from want +of information should be repaired by an unreserved acknowledgment of her +sovereignty. + +I have the satisfaction to inform you that the course pursued by Peru has +been creditable to the liberality of her Government. Before it was known by +her that her title would be acknowledged at Washington, her minister of +foreign affairs had authorized our charge d'affaires at Lima to announce +to the American vessels which had gone to the Lobos for guano that the +Peruvian Government was willing to freight them on its own account. This +intention has been carried into effect by the Peruvian minister here by an +arrangement which is believed to be advantageous to the parties in +interest. + +Our settlements on the shores of the Pacific have already given a great +extension, and in some respects a new direction, to our commerce in that +ocean. A direct and rapidly increasing intercourse has sprung up with +eastern Asia. The waters of the Northern Pacific, even into the Arctic Sea, +have of late years been frequented by our whalemen. The application of +steam to the general purposes of navigation is becoming daily more common, +and makes it desirable to obtain fuel and other necessary supplies at +convenient points on the route between Asia and our Pacific shores. Our +unfortunate countrymen who from time to time suffer shipwreck on the coasts +of the eastern seas are entitled to protection. Besides these specific +objects, the general prosperity of our States on the Pacific requires that +an attempt should be made to open the opposite regions of Asia to a +mutually beneficial intercourse. It is obvious that this attempt could be +made by no power to so great advantage as by the United States, whose +constitutional system excludes every idea of distant colonial dependencies. +I have accordingly been led to order an appropriate naval force to Japan, +under the command of a discreet and intelligent officer of the highest rank +known to our service. He is instructed to endeavor to obtain from the +Government of that country some relaxation of the inhospitable and +antisocial system which it has pursued for about two centuries. He has been +directed particularly to remonstrate in the strongest language against the +cruel treatment to which our shipwrecked mariners have often been subjected +and to insist that they shall be treated with humanity. He is instructed, +however, at the same time, to give that Government the amplest assurances +that the objects of the United States are such, and such only, as I have +indicated, and that the expedition is friendly and peaceful. +Notwithstanding the jealousy with which the Governments of eastern Asia +regard all overtures from foreigners, I am not without hopes of a +beneficial result of the expedition. Should it be crowned with success, the +advantages will not be confined to the United States, but, as in the case +of China, will be equally enjoyed by all the other maritime powers. I have +much satisfaction in stating that in all the steps preparatory to this +expedition the Government of the United States has been materially aided by +the good offices of the King of the Netherlands, the only European power +having any commercial relations with Japan. + +In passing from this survey of our foreign relations, I invite the +attention of Congress to the condition of that Department of the Government +to which this branch of the public business is intrusted. Our intercourse +with foreign powers has of late years greatly increased, both in +consequence of our own growth and the introduction of many new states into +the family of nations. In this way the Department of State has become +overburdened. It has by the recent establishment of the Department of the +Interior been relieved of some portion of the domestic business. If the +residue of the business of that kind--such as the distribution of +Congressional documents, the keeping, publishing, and distribution of the +laws of the United States, the execution of the copyright law, the subject +of reprieves and pardons, and some other subjects relating to interior +administration--should be transferred from the Department of State, it +would unquestionably be for the benefit of the public service. I would also +suggest that the building appropriated to the State Department is not +fireproof; that there is reason to think there are defects in its +construction, and that the archives of the Government in charge of the +Department, with the precious collections of the manuscript papers of +Washington, Jefferson, Hamilton, Madison, and Monroe, are exposed to +destruction by fire. A similar remark may be made of the buildings +appropriated to the War and Navy Departments. + +The condition of the Treasury is exhibited in the annual report from that +Department. + +The cash receipts into the Treasury for the fiscal year ending the 30th +June last, exclusive of trust funds, were $49,728,386.89, and the +expenditures for the same period, likewise exclusive of trust funds, were +$46,007,896.20, of which $9,455,815.83 was on account of the principal and +interest of the public debt, including the last installment of the +indemnity to Mexico under the treaty of Guadalupe Hidalgo, leaving a +balance of $14,632,136.37 in the Treasury on the 1st day of July last. +Since this latter period further purchases of the principal of the public +debt have been made to the extent of $2,456,547.49, and the surplus in the +Treasury will continue to be applied to that object whenever the stock can +be procured within the limits as to price authorized by law. + +The value of foreign merchandise imported during the last fiscal year was +$207,240,101, and the value of domestic productions exported was +$149,861,911, besides $17,204,026 of foreign merchandise exported, making +the aggregate of the entire exports $167,065,937. Exclusive of the above, +there was exported $42,507,285 in specie, and imported from foreign ports +$5,262,643. + +In my first annual message to Congress I called your attention to what +seemed to me some defects in the present tariff, and recommended such +modifications as in my judgment were best adapted to remedy its evils and +promote the prosperity of the country. Nothing has since occurred to change +my views on this important question. + +Without repeating the arguments contained in my former message in favor of +discriminating protective duties, I deem it my duty to call your attention +to one or two other considerations affecting this subject. The first is the +effect of large importations of foreign goods upon our currency. Most of +the gold of California, as fast as it is coined, finds its way directly to +Europe in payment for goods purchased. In the second place, as our +manufacturing establishments are broken down by competition with +foreigners, the capital invested in them is lost, thousands of honest and +industrious citizens are thrown out of employment, and the farmer, to that +extent, is deprived of a home market for the sale of his surplus produce. +In the third place, the destruction of our manufactures leaves the +foreigner without competition in our market, and he consequently raises the +price of the article sent here for sale, as is now seen in the increased +cost of iron imported from England. The prosperity and wealth of every +nation must depend upon its productive industry. The farmer is stimulated +to exertion by finding a ready market for his surplus products, and +benefited by being able to exchange them without loss of time or expense of +transportation for the manufactures which his comfort or convenience +requires. This is always done to the best advantage where a portion of the +community in which he lives is engaged in other pursuits. But most +manufactures require an amount of capital and a practical skill which can +not be commanded unless they be protected for a time from ruinous +competition from abroad. Hence the necessity of laying those duties upon +imported goods which the Constitution authorizes for revenue in such a +manner as to protect and encourage the labor of our own citizens. Duties, +however, should not be fixed at a rate so high as to exclude the foreign +article, but should be so graduated as to enable the domestic manufacturer +fairly to compete with the foreigner in our own markets, and by this +competition to reduce the price of the manufactured article to the consumer +to the lowest rate at which it can be produced. This policy would place the +mechanic by the side of the farmer, create a mutual interchange of their +respective commodities, and thus stimulate the industry of the whole +country and render us independent of foreign nations for the supplies +required by the habits or necessities of the people. + +Another question, wholly independent of protection, presents itself, and +that is, whether the duties levied should be upon the value of the article +at the place of shipment, or, where it is practicable, a specific duty, +graduated according to quantity, as ascertained by weight or measure. All +our duties are at present ad valorem. A certain percentage is levied on the +price of the goods at the port of shipment in a foreign country. Most +commercial nations have found it indispensable, for the purpose of +preventing fraud and perjury, to make the duties specific whenever the +article is of such a uniform value in weight or measure as to justify such +a duty. Legislation should never encourage dishonesty or crime. It is +impossible that the revenue officers at the port where the goods are +entered and the duties paid should know with certainty what they cost in +the foreign country. Yet the law requires that they should levy the duty +according to such cost. They are therefore compelled to resort to very +unsatisfactory evidence to ascertain what that cost was. They take the +invoice of the importer, attested by his oath, as the best evidence of +which the nature of the case admits. But everyone must see that the invoice +may be fabricated and the oath by which it is supported false, by reason of +which the dishonest importer pays a part only of the duties which are paid +by the honest one, and thus indirectly receives from the Treasury of the +United States a reward for his fraud and perjury. The reports of the +Secretary of the Treasury heretofore made on this subject show conclusively +that these frauds have been practiced to a great extent. The tendency is to +destroy that high moral character for which our merchants have long been +distinguished, to defraud the Government of its revenue, to break down the +honest importer by a dishonest competition, and, finally, to transfer the +business of importation to foreign and irresponsible agents, to the great +detriment of our own citizens. I therefore again most earnestly recommend +the adoption of specific duties wherever it is practicable, or a home +valuation, to prevent these frauds. + +I would also again call your attention to the fact that the present tariff +in some cases imposes a higher duty upon the raw material imported than +upon the article manufactured from it, the consequence of which is that the +duty operates to the encouragement of the foreigner and the discouragement +of our own citizens. + +For full and detailed information in regard to the general condition of our +Indian affairs, I respectfully refer you to the report of the Secretary of +the Interior and the accompanying documents. + +The Senate not having thought proper to ratify the treaties which have been +negotiated with the tribes of Indians in California and Oregon, our +relations with them have been left in a very unsatisfactory condition. + +In other parts of our territory particular districts of country have been +set apart for the exclusive occupation of the Indians, and their right to +the lands within those limits has been acknowledged and respected. But in +California and Oregon there has been no recognition by the Government of +the exclusive right of the Indians to any part of the country. They are +therefore mere tenants at sufferance, and liable to be driven from place to +place at the pleasure of the whites. + +The treaties which have been rejected proposed to remedy this evil by +allotting to the different tribes districts of country suitable to their +habits of life and sufficient for their support. This provision, more than +any other, it is believed, led to their rejection; and as no substitute for +it has been adopted by Congress, it has not been deemed advisable to +attempt to enter into new treaties of a permanent character, although no +effort has been spared by temporary arrangements to preserve friendly +relations with them. + +If it be the desire of Congress to remove them from the country altogether, +or to assign to them particular districts more remote from the settlements +of the whites, it will be proper to set apart by law the territory which +they are to occupy and to provide the means necessary for removing them to +it. Justice alike to our own citizens and to the Indians requires the +prompt action of Congress on this subject. The amendments proposed by the +Senate to the treaties which were negotiated with the Sioux Indians of +Minnesota have been submitted to the tribes who were parties to them, and +have received their assent. A large tract of valuable territory has thus +been opened for settlement and cultivation, and all danger of collision +with these powerful and warlike bands has been happily removed. + +The removal of the remnant of the tribe of Seminole Indians from Florida +has long been a cherished object of the Government, and it is one to which +my attention has been steadily directed. Admonished by past experience of +the difficulty and cost of the attempt to remove them by military force, +resort has been had to conciliatory measures. By the invitation of the +Commissioner of Indian Affairs, several of the principal chiefs recently +visited Washington, and whilst here acknowledged in writing the obligation +of their tribe to remove with the least possible delay. Late advices from +the special agent of the Government represent that they adhere to their +promise, and that a council of their people has been called to make their +preliminary arrangements. A general emigration may therefore be confidently +expected at an early day. + +The report from the General Land Office shows increased activity in its +operations. The survey of the northern boundary of Iowa has been completed +with unexampled dispatch. Within the last year 9,522,953 acres of public +land have been surveyed and 8,032,463 acres brought into market. + +Acres In the last fiscal year there were sold 1,553,071 Located with +bounty-land warrants 3,201,314 Located with other certificates 115,682 +Making a total of 4,870,067 + +In addition there were--Reported under swamp-land grants 5,219,188 For +internal improvements, railroads, etc 3,025,920 Making an aggregate of +13,115,175 Being an increase of the amount sold and located under land +warrants of 569,220 acres over the previous year. The whole amount thus +sold, located under land warrants, reported under swamp-land grants, and +selected for internal improvements exceeds that of the previous year by +3,342,372 acres; and the sales would without doubt have been much larger +but for the extensive reservations for railroads in Missouri, Mississippi, +and Alabama. + +Acres For the quarter ending 30th September, 1852, there were sold 243,255 +Located with bounty-land warrants 1,387,116 Located with other certificates +15,649 Reported under swamp-land grants 2,485,233 Making an aggregate for +the quarter of 4,131,253 + +Much the larger portion of the labor of arranging and classifying the +returns of the last census has been finished, and it will now devolve upon +Congress to make the necessary provision for the publication of the results +in such form as shall be deemed best. The apportionment of representation +on the basis of the new census has been made by the Secretary of the +Interior in conformity with the provisions of law relating to that subject, +and the recent elections have been made in accordance with it. + +I commend to your favorable regard the suggestion contained in the report +of the Secretary of the Interior that provision be made by law for the +publication and distribution, periodically, of an analytical digest of all +the patents which have been or may hereafter be granted for useful +inventions and discoveries, with such descriptions and illustrations as may +be necessary to present an intelligible view of their nature and operation. +The cost of such publication could easily be defrayed out of the patent +fund, and I am persuaded that it could be applied to no object more +acceptable to inventors and beneficial to the public at large. + +An appropriation of $100,000 having been made at the last session for the +purchase of a suitable site and for the erection, furnishing, and fitting +up of an asylum for the insane of the District of Columbia and of the Army +and Navy of the United States, the proper measures have been adopted to +carry this beneficent purpose into effect. + +By the latest advices from the Mexican boundary commission it appears that +the survey of the river Gila from its continence with the Colorado to its +supposed intersection with the western line of New Mexico has been +completed. The survey of the Rio Grande has also been finished from the +point agreed on by the commissioners as "the point where it strikes the +southern boundary of New Mexico" to a point 135 miles below Eagle Pass, +which is about two-thirds of the distance along the course of the river to +its mouth. + +The appropriation which was made at the last session of Congress for the +continuation of the survey is subject to the following proviso: Provided, +That no part of this appropriation shall be used or expended until it shall +be made satisfactorily to appear to the President of the United States that +the southern boundary of New Mexico is not established by the commissioner +and surveyor of the United States farther north of the town called "Paso" +than the same is laid down in Disturnell's map, which is added to the +treaty. + +My attention was drawn to this subject by a report from the Department of +the Interior, which reviewed all the facts of the case and submitted for my +decision the question whether under existing circumstances any part of the +appropriation could be lawfully used or expended for the further +prosecution of the work. After a careful consideration of the subject I +came to the conclusion that it could not, and so informed the head of that +Department. Orders were immediately issued by him to the commissioner and +surveyor to make no further requisitions on the Department, as they could +not be paid, and to discontinue all operations on the southern line of New +Mexico. But as the Department had no exact information as to the amount of +provisions and money which remained unexpended in the hands of the +commissioner and surveyor, it was left discretionary with them to continue +the survey down the Rio Grande as far as the means at their disposal would +enable them or at once to disband the commission. A special messenger has +since arrived from the officer in charge of the survey on the river with +information that the funds subject to his control were exhausted and that +the officers and others employed in the service were destitute alike of the +means of prosecuting the work and of returning to their homes. + +The object of the proviso was doubtless to arrest the survey of the +southern and western lines of New Mexico, in regard to which different +opinions have been expressed; for it is hardly to be supposed that there +could be any objection to that part of the line which extends along the +channel of the Rio Grande. But the terms of the law are so broad as to +forbid the use of any part of the money for the prosecution of the work, or +even for the payment to the officers and agents of the arrearages of pay +which are justly due to them. + +I earnestly invite your prompt attention to this subject, and recommend a +modification of the terms of the proviso, so as to enable the Department to +use as much of the appropriation as will be necessary to discharge the +existing obligations of the Government and to complete the survey of the +Rio Grande to its mouth. + +It will also be proper to make further provision by law for the fulfillment +of our treaty with Mexico for running and marking the residue of the +boundary line between the two countries. + +Permit me to invite your particular attention to the interests of the +District of Columbia, which are confided by the Constitution to your +peculiar care. + +Among the measures which seem to me of the greatest importance to its +prosperity are the introduction of a copious supply of water into the city +of Washington and the construction of suitable bridges across the Potomac +to replace those which were destroyed by high water in the early part of +the present year. + +At the last session of Congress an appropriation was made to defray the +cost of the surveys necessary for determining the best means of affording +an unfailing supply of good and wholesome water. Some progress has been +made in the survey, and as soon as it is completed the result will be laid +before you. + +Further appropriations will also be necessary for grading and paving the +streets and avenues and inclosing and embellishing the public grounds +within the city of Washington. + +I commend all these objects, together with the charitable institutions of +the District, to your favorable regard. Every effort has been made to +protect our frontier and that of the adjoining Mexican States from the +incursions of the Indian tribes. Of about 11,000 men of which the Army is +composed, nearly 8,000 are employed in the defense of the newly acquired +territory (including Texas) and of emigrants proceeding thereto. I am +gratified to say that these efforts have been unusually successful. With +the exception of some partial outbreaks in California and Oregon and +occasional depredations on a portion of the Rio Grande, owing, it is +believed, to the disturbed state of that border region, the inroads of the +Indians have been effectually restrained. + +Experience has shown, however, that whenever the two races are brought into +contact collisions will inevitably occur. To prevent these collisions the +United States have generally set apart portions of their territory for the +exclusive occupation of the Indian tribes. A difficulty occurs, however, in +the application of this policy to Texas. By the terms of the compact by +which that State was admitted into the Union she retained the ownership of +all the vacant lands within her limits. The government of that State, it is +understood, has assigned no portion of her territory to the Indians, but as +fast as her settlements advance lays it off into counties and proceeds to +survey and sell it. This policy manifestly tends not only to alarm and +irritate the Indians, but to compel them to resort to plunder for +subsistence. It also deprives this Government of that influence and control +over them without which no durable peace can ever exist between them and +the whites. I trust, therefore, that a due regard for her own interests, +apart from considerations of humanity and justice, will induce that State +to assign a small portion of her vast domain for the provisional occupancy +of the small remnants of tribes within her borders, subject, of course, to +her ownership and eventual jurisdiction. If she should fail to do this, the +fulfillment of our treaty stipulations with Mexico and our duty to the +Indians themselves will, it is feared, become a subject of serious +embarrassment to the Government. It is hoped, however, that a timely and +just provision by Texas may avert this evil. + +No appropriations for fortifications were made at the two last sessions of +Congress. The cause of this omission is probably to be found in a growing +belief that the system of fortifications adopted in 1816, and heretofore +acted on, requires revision. + +The subject certainly deserves full and careful investigation, but it +should not be delayed longer than can be avoided. In the meantime there are +certain works which have been commenced, some of them nearly completed, +designed to protect our principal seaports from Boston to New Orleans and a +few other important points. In regard to the necessity for these works, it +is believed that little difference of opinion exists among military men. I +therefore recommend that the appropriations necessary to prosecute them be +made. + +I invite your attention to the remarks on this subject and on others +connected with his Department contained in the accompanying report of the +Secretary of War. + +Measures have been taken to carry into effect the law of the last session +making provision for the improvement of certain rivers and harbors, and it +is believed that the arrangements made for that purpose will combine +efficiency with economy. Owing chiefly to the advanced season when the act +was passed, little has yet been done in regard to many of the works beyond +making the necessary preparations. With respect to a few of the +improvements, the sums already appropriated will suffice to complete them; +but most of them will require additional appropriations. I trust that these +appropriations will be made, and that this wise and beneficent policy, so +auspiciously resumed, will be continued. Great care should be taken, +however, to commence no work which is not of sufficient importance to the +commerce of the country to be viewed as national in its character. But +works which have been commenced should not be discontinued until completed, +as otherwise the sums expended will in most cases be lost. + +The report from the Navy Department will inform you of the prosperous +condition of the branch of the public service committed to its charge. It +presents to your consideration many topics and suggestions of which I ask +your approval. It exhibits an unusual degree of activity in the operations +of the Department during the past year. The preparations for the Japan +expedition, to which I have already alluded; the arrangements made for the +exploration and survey of the China Seas, the Northern Pacific, and +Behrings Straits; the incipient measures taken toward a reconnoissance of +the continent of Africa eastward of Liberia; the preparation for an early +examination of the tributaries of the river La Plata, which a recent decree +of the provisional chief of the Argentine Confederation has opened to +navigation--all these enterprises and the means by which they are proposed +to be accomplished have commanded my full approbation, and I have no doubt +will be productive of most useful results. + +Two officers of the Navy were heretofore instructed to explore the whole +extent of the Amazon River from the confines of Peru to its mouth. The +return of one of them has placed in the possession of the Government an +interesting and valuable account of the character and resources of a +country abounding in the materials of commerce, and which if opened to the +industry of the world will prove an inexhaustible fund of wealth. The +report of this exploration will be communicated to you as soon as it is +completed. + +Among other subjects offered to your notice by the Secretary of the Navy, I +select for special commendation, in view of its connection with the +interests of the Navy, the plan submitted by him for the establishment of a +permanent corps of seamen and the suggestions he has presented for the +reorganization of the Naval Academy. + +In reference to the first of these, I take occasion to say that I think it +will greatly improve the efficiency of the service, and that I regard it as +still more entitled to favor for the salutary influence it must exert upon +the naval discipline, now greatly disturbed by the increasing spirit of +insubordination resulting from our present system. The plan proposed for +the organization of the seamen furnishes a judicious substitute for the law +of September, 1850, abolishing corporal punishment, and satisfactorily +sustains the policy of that act under conditions well adapted to maintain +the authority of command and the order and security of our ships. It is +believed that any change which proposes permanently to dispense with this +mode of punishment should be preceded by a system of enlistment which shall +supply the Navy with seamen of the most meritorious class, whose good +deportment and pride of character may preclude all occasion for a resort to +penalties of a harsh or degrading nature. The safety of a ship and her crew +is often dependent upon immediate obedience to a command, and the authority +to enforce it must be equally ready. The arrest of a refractory seaman in +such moments not only deprives the ship of indispensable aid, but imposes a +necessity for double service on others, whose fidelity to their duties may +be relied upon in such an emergency. The exposure to this increased and +arduous labor since the passage of the act of 1850 has already had, to a +most observable and injurious extent, the effect of preventing the +enlistment of the best seamen in the Navy. The plan now suggested is +designed to promote a condition of service in which this objection will no +longer exist. The details of this plan may be established in great part, if +not altogether, by the Executive under the authority of existing laws, but +I have thought it proper, in accordance with the suggestion of the +Secretary of the Navy, to submit it to your approval. + +The establishment of a corps of apprentices for the Navy, or boys to be +enlisted until they become of age, and to be employed under such +regulations as the Navy Department may devise, as proposed in the report, I +cordially approve and commend to your consideration; and I also concur in +the suggestion that this system for the early training of seamen may be +most usefully ingrafted upon the service of our merchant marine. The other +proposition of the report to which I have referred--the reorganization of +the Naval Academy--I recommend to your attention as a project worthy of +your encouragement and support. The valuable services already rendered by +this institution entitle it to the continuance of your fostering care. + +Your attention is respectfully called to the report of the Postmaster +General for the detailed operation of his Department during the last fiscal +year, from which it will be seen that the receipts from postages for that +time were less by $1,431,696 than for the preceding fiscal year, being a +decrease of about 23 per cent. + +This diminution is attributable to the reduction in the rates of postage +made by the act of March 3, 1851, which reduction took effect at the +commencement of the last fiscal year. + +Although in its operation during the last year the act referred to has not +fulfilled the predictions of its friends by increasing the correspondence +of the country in proportion to the reduction of postage, I should, +nevertheless, question the policy of returning to higher rates. Experience +warrants the expectation that as the community becomes accustomed to cheap +postage correspondence will increase. It is believed that from this cause +and from the rapid growth of the country in population and business the +receipts of the Department must ultimately exceed its expenses, and that +the country may safely rely upon the continuance of the present cheap rate +of postage. + +In former messages I have, among other things, respectfully recommended to +the consideration of Congress the propriety and necessity of further +legislation for the protection and punishment of foreign consuls residing +in the United States; to revive, with certain modifications, the act of +10th March, 1838, to restrain unlawful military expeditions against the +inhabitants of conterminous states or territories; for the preservation and +protection from mutilation or theft of the papers, records, and archives of +the nation; for authorizing the surplus revenue to be applied to the +payment of the public debt in advance of the time when it will become due; +for the establishment of land offices for the sale of the public lands in +California and the Territory of Oregon; for the construction of a road from +the Mississippi Valley to the Pacific Ocean; for the establishment of a +bureau of agriculture for the promotion of that interest, perhaps the most +important in the country; for the prevention of frauds upon the Government +in applications for pensions and bounty lands; for the establishment of a +uniform fee bill, prescribing a specific compensation for every service +required of clerks, district attorneys, and marshals; for authorizing an +additional regiment of mounted men for the defense of our frontiers against +the Indians and for fulfilling our treaty stipulations with Mexico to +defend her citizens against the Indians "with equal diligence and energy as +our own;" for determining the relative rank between the naval and civil +officers in our public ships and between the officers of the Army and Navy +in the various grades of each; for reorganizing the naval establishment by +fixing the number of officers in each grade, and providing for a retired +list upon reduced pay of those unfit for active duty; for prescribing and +regulating punishments in the Navy; for the appointment of a commission to +revise the public statutes of the United States by arranging them in order, +supplying deficiencies, correcting incongruities, simplifying their +language, and reporting them to Congress for its final action; and for the +establishment of a commission to adjudicate and settle private claims +against the United States. I am not aware, however, that any of these +subjects have been finally acted upon by Congress. Without repeating the +reasons for legislation on these subjects which have been assigned in +former messages, I respectfully recommend them again to your favorable +consideration. + +I think it due to the several Executive Departments of this Government to +bear testimony to the efficiency and integrity with which they are +conducted. With all the careful superintendence which it is possible for +the heads of those Departments to exercise, still the due administration +and guardianship of the public money must very much depend on the +vigilance, intelligence, and fidelity of the subordinate officers and +clerks, and especially on those intrusted with the settlement and +adjustment of claims and accounts. I am gratified to believe that they have +generally performed their duties faithfully and well. They are appointed to +guard the approaches to the public Treasury, and they occupy positions that +expose them to all the temptations and seductions which the cupidity of +peculators and fraudulent claimants can prompt them to employ. It will be +but a wise precaution to protect the Government against that source of +mischief and corruption, as far as it can be done, by the enactment of all +proper legal penalties. The laws in this respect are supposed to be +defective, and I therefore deem it my duty to call your attention to the +subject and to recommend that provision be made by law for the punishment +not only of those who shall accept bribes, but also of those who shall +either promise, give, or offer to give to any of those officers or clerks a +bribe or reward touching or relating to any matter of their official action +or duty. + +It has been the uniform policy of this Government, from its foundation to +the present day, to abstain from all interference in the domestic affairs +of other nations. The consequence has been that while the nations of Europe +have been engaged in desolating wars our country has pursued its peaceful +course to unexampled prosperity and happiness. The wars in which we have +been compelled to engage in defense of the rights and honor of the country +have been, fortunately, of short duration. During the terrific contest of +nation against nation which succeeded the French Revolution we were enabled +by the wisdom and firmness of President Washington to maintain our +neutrality. While other nations were drawn into this wide-sweeping +whirlpool, we sat quiet and unmoved upon our own shores. While the flower +of their numerous armies was wasted by disease or perished by hundreds of +thousands upon the battlefield, the youth of this favored land were +permitted to enjoy the blessings of peace beneath the paternal roof. While +the States of Europe incurred enormous debts, under the burden of which +their subjects still groan, and which must absorb no small part of the +product of the honest industry of those countries for generations to come, +the United States have once been enabled to exhibit the proud spectacle of +a nation free from public debt, and if permitted to pursue our prosperous +way for a few years longer in peace we may do the same again. + +But it is now said by some that this policy must be changed. Europe is no +longer separated from us by a voyage of months, but steam navigation has +brought her within a few days' sail of our shores. We see more of her +movements and take a deeper interest in her controversies. Although no one +proposes that we should join the fraternity of potentates who have for ages +lavished the blood and treasure of their subjects in maintaining "the +balance of power," yet it is said that we ought to interfere between +contending sovereigns and their subjects for the purpose of overthrowing +the monarchies of Europe and establishing in their place republican +institutions. It is alleged that we have heretofore pursued a different +course from a sense of our weakness, but that now our conscious strength +dictates a change of policy, and that it is consequently our duty to mingle +in these contests and aid those who are struggling for liberty. + +This is a most seductive but dangerous appeal to the generous sympathies of +freemen. Enjoying, as we do, the blessings of a free Government, there is +no man who has an American heart that would not rejoice to see these +blessings extended to all other nations. We can not witness the struggle +between the oppressed and his oppressor anywhere without the deepest +sympathy for the former and the most anxious desire for his triumph. +Nevertheless, is it prudent or is it wise to involve ourselves in these +foreign wars? Is it indeed true that we have heretofore refrained from +doing so merely from the degrading motive of a conscious weakness? For the +honor of the patriots who have gone before us, I can not admit it. Men of +the Revolution, who drew the sword against the oppressions of the mother +country and pledged to Heaven "their lives, their fortunes, and their +sacred honor" to maintain their freedom, could never have been actuated by +so unworthy a motive. They knew no weakness or fear where right or duty +pointed the way, and it is a libel upon their fair fame for us, while we +enjoy the blessings for which they so nobly fought and bled, to insinuate +it. The truth is that the course which they pursued was dictated by a stern +sense of international justice, by a statesmanlike prudence and a +far-seeing wisdom, looking not merely to the present necessities but to the +permanent safety and interest of the country. They knew that the world is +governed less by sympathy than by reason and force; that it was not +possible for this nation to become a "propagandist" of free principles +without arraying against it the combined powers of Europe, and that the +result was more likely to be the overthrow of republican liberty here than +its establishment there. History has been written in vain for those who can +doubt this. France had no sooner established a republican form of +government than she manifested a desire to force its blessings on all the +world. Her own historian informs us that, hearing of some petty acts of +tyranny in a neighboring principality, "the National Convention declared +that she would afford succor and fraternity to all nations who wished to +recover their liberty, and she gave it in charge to the executive power to +give orders to the generals of the French armies to aid all citizens who +might have been or should be oppressed in the cause of liberty." Here was +the false step which led to her subsequent misfortunes. She soon found +herself involved in war with all the rest of Europe. In less than ten years +her Government was changed from a republic to an empire, and finally, after +shedding rivers of blood, foreign powers restored her exiled dynasty and +exhausted Europe sought peace and repose in the unquestioned ascendency of +monarchical principles. Let us learn wisdom from her example. Let us +remember that revolutions do not always establish freedom. Our own free +institutions were not the offspring of our Revolution. They existed before. +They were planted in the free charters of self-government under which the +English colonies grew up, and our Revolution only freed us from the +dominion of a foreign power whose government was at variance with those +institutions. But European nations have had no such training for +self-government, and every effort to establish it by bloody revolutions has +been, and must without that preparation continue to be, a failure. Liberty +unregulated by law degenerates into anarchy, which soon becomes the most +horrid of all despotisms. Our policy is wisely to govern ourselves, and +thereby to set such an example of national justice, prosperity, and true +glory as shall teach to all nations the blessings of self-government and +the unparalleled enterprise and success of a free people. + +We live in an age of progress, and ours is emphatically a country of +progress. Within the last half century the number of States in this Union +has nearly doubled, the population has almost quadrupled, and our +boundaries have been extended from the Mississippi to the Pacific. Our +territory is checkered over with railroads and furrowed with canals. The +inventive talent of our country is excited to the highest pitch, and the +numerous applications for patents for valuable improvements distinguish +this age and this people from all others. The genius of one American has +enabled our commerce to move against wind and tide and that of another has +annihilated distance in the transmission of intelligence. The whole country +is full of enterprise. Our common schools are diffusing intelligence among +the people and our industry is fast accumulating the comforts and luxuries +of life. This is in part owing to our peculiar position, to our fertile +soil and comparatively sparse population; but much of it is also owing to +the popular institutions under which we live, to the freedom which every +man feels to engage in any useful pursuit according to his taste or +inclination, and to the entire confidence that his person and property will +be protected by the laws. But whatever may be the cause of this +unparalleled growth in population, intelligence, and wealth, one tiring is +clear--that the Government must keep pace with the progress of the people. +It must participate in their spirit of enterprise, and while it exacts +obedience to the laws and restrains all unauthorized invasions of the +rights of neighboring states, it should foster and protect home industry +and lend its powerful strength to the improvement of such means of +intercommunication as are necessary to promote our internal commerce and +strengthen the ties which bind us together as a people. + +It is not strange, however much it may be regretted, that such an +exuberance of enterprise should cause some individuals to mistake change +for progress and the invasion of the rights of others for national prowess +and glory. The former are constantly agitating for some change in the +organic law, or urging new and untried theories of human rights. The latter +are ever ready to engage in any wild crusade against a neighboring people, +regardless of the justice of the enterprise and without looking at the +fatal consequences to ourselves and to the cause of popular government. +Such expeditions, however, are often stimulated by mercenary individuals, +who expect to share the plunder or profit of the enterprise without +exposing themselves to danger, and are led on by some irresponsible +foreigner, who abuses the hospitality of our own Government by seducing the +young and ignorant to join in his scheme of personal ambition or revenge +under the false and delusive pretense of extending the area of freedom. +These reprehensible aggressions but retard the true progress of our nation +and tarnish its fair fame. They should therefore receive the indignant +frowns of every good citizen who sincerely loves his country and takes a +pride in its prosperity and honor. Our Constitution, though not perfect, is +doubtless the best that ever was formed. Therefore let every proposition to +change it be well weighed and, if found beneficial, cautiously adopted. +Every patriot will rejoice to see its authority so exerted as to advance +the prosperity and honor of the nation, whilst he will watch with jealousy +any attempt to mutilate this charter of our liberties or pervert its powers +to acts of aggression or injustice. Thus shall conservatism and progress +blend their harmonious action in preserving the form and spirit of the +Constitution and at the same time carry forward the great improvements of +the country with a rapidity and energy which freemen only can display. + +In closing this my last annual communication, permit me, fellow-citizens, +to congratulate you on the prosperous condition of our beloved country. +Abroad its relations with all foreign powers are friendly, its rights are +respected, and its high place in the family of nations cheerfully +recognized. At home we enjoy an amount of happiness, public and private, +which has probably never fallen to the lot of any other people. Besides +affording to our own citizens a degree of prosperity of which on so large a +scale I know of no other instance, our country is annually affording a +refuge and a home to multitudes, altogether without example, from the Old +World. + +We owe these blessings, under Heaven, to the happy Constitution and +Government which were bequeathed to us by our fathers, and which it is our +sacred duty to transmit in all their integrity to our children. We must all +consider it a great distinction and privilege to have been chosen by the +people to bear a part in the administration of such a Government. Called by +an unexpected dispensation to its highest trust at a season of +embarrassment and alarm, I entered upon its arduous duties with extreme +diffidence. I claim only to have discharged them to the best of an humble +ability, with a single eye to the public good, and it is with devout +gratitude in retiring from office that I leave the country in a state of +peace and prosperity. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY MILLARD FILLMORE *** + +This file should be named sufil11.txt or sufil11.zip +Corrected EDITIONS of our eBooks get a new NUMBER, sufil12.txt +VERSIONS based on separate sources get new LETTER, sufil10a.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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