diff options
| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 05:24:43 -0700 |
|---|---|---|
| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 05:24:43 -0700 |
| commit | 410d1a7400a223af124f4e286e20c7161329c338 (patch) | |
| tree | e28fbaf216e122c0b362a32a6995f2467ce72dbb | |
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 5022-h.zip | bin | 0 -> 98017 bytes | |||
| -rw-r--r-- | 5022-h/5022-h.htm | 5155 | ||||
| -rw-r--r-- | 5022.txt | 4379 | ||||
| -rw-r--r-- | 5022.zip | bin | 0 -> 96671 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 | ||||
| -rw-r--r-- | old/supie10.txt | 4332 | ||||
| -rw-r--r-- | old/supie10.zip | bin | 0 -> 96072 bytes | |||
| -rw-r--r-- | old/supie11.txt | 4333 | ||||
| -rw-r--r-- | old/supie11.zip | bin | 0 -> 95457 bytes |
11 files changed, 18215 insertions, 0 deletions
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/5022-h.zip b/5022-h.zip Binary files differnew file mode 100644 index 0000000..9d7751d --- /dev/null +++ b/5022-h.zip diff --git a/5022-h/5022-h.htm b/5022-h/5022-h.htm new file mode 100644 index 0000000..5ff3bb5 --- /dev/null +++ b/5022-h/5022-h.htm @@ -0,0 +1,5155 @@ +<!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 Franklin Pierce +</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 Franklin Pierce + +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: Franklin Pierce + +Posting Date: November 27, 2014 [EBook #5022] +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 Franklin Pierce +</h1> + +<p class="noindent"> +<br /><br /> +The addresses are separated by three asterisks: *** +</p> + +<p class="noindent"> +Dates of addresses by Franklin Pierce in this eBook: +</p> + +<p class="noindent"> + <a href="#dec1853">December 5, 1853</a><br /> + <a href="#dec1854">December 4, 1854</a><br /> + <a href="#dec1855">December 31, 1855</a><br /> + <a href="#dec1856">December 2, 1856</a><br /> +</p> + +<p><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1853"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +Franklin Pierce<br /> +December 5, 1853<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</p> + +<p> +The interest with which the people of the Republic anticipate the +assembling of Congress and the fulfillment on that occasion of the duty +imposed upon a new President is one of the best evidences of their capacity +to realize the hopes of the founders of a political system at once complex +and symmetrical. While the different branches of the Government are to a +certain extent independent of each other, the duties of all alike have +direct reference to the source of power. Fortunately, under this system no +man is so high and none so humble in the scale of public station as to +escape from the scrutiny or to be exempt from the responsibility which all +official functions imply. +</p> + +<p> +Upon the justice and intelligence of the masses, in a government thus +organized, is the sole reliance of the confederacy and the only security +for honest and earnest devotion to its interests against the usurpations +and encroachment of power on the one hand and the assaults of personal +ambition on the other. +</p> + +<p> +The interest of which I have spoken is inseparable from an inquiring, +self-governing community, but stimulated, doubtless, at the present time by +the unsettled condition of our relations with several foreign powers, by +the new obligations resulting from a sudden extension of the field of +enterprise, by the spirit with which that field has been entered and the +amazing energy with which its resources for meeting the demands of humanity +have been developed. +</p> + +<p> +Although disease, assuming at one time the characteristics of a widespread +and devastating pestilence, has left its sad traces upon some portions of +our country, we have still the most abundant cause for reverent +thankfulness to God for an accumulation of signal mercies showered upon us +as a nation. It is well that a consciousness of rapid advancement and +increasing strength be habitually associated with an abiding sense of +dependence upon Him who holds in His hands the destiny of men and of +nations. +</p> + +<p> +Recognizing the wisdom of the broad principle of absolute religious +toleration proclaimed in our fundamental law, and rejoicing in the benign +influence which it has exerted upon our social and political condition, I +should shrink from a clear duty did I fail to express my deepest conviction +that we can place no secure reliance upon any apparent progress if it be +not sustained by national integrity, resting upon the great truths affirmed +and illustrated by divine revelation. In the midst of our sorrow for the +afflicted and suffering, it has been consoling to see how promptly disaster +made true neighbors of districts and cities separated widely from each +other, and cheering to watch the strength of that common bond of +brotherhood which unites all hearts, in all parts of this Union, when +danger threatens from abroad or calamity impends over us at home. +</p> + +<p> +Our diplomatic relations with foreign powers have undergone no essential +change since the adjournment of the last Congress. With some of them +questions of a disturbing character are still pending, but there are good +reasons to believe that these may all be amicably adjusted. For some years +past Great Britain has so construed the first article of the convention of +the 20th of April, 1818, in regard to the fisheries on the northeastern +coast, as to exclude our citizens from some of the fishing grounds to which +they freely resorted for nearly a quarter of a century subsequent to the +date of that treaty. The United States have never acquiesced in this +construction, but have always claimed for their fishermen all the rights +which they had so long enjoyed without molestation. With a view to remove +all difficulties on the subject, to extend the rights of our fishermen +beyond the limits fixed by the convention of 1818, and to regulate trade +between the United States and the British North American Provinces, a +negotiation has been opened with a fair prospect of a favorable result. To +protect our fishermen in the enjoyment of their rights and prevent +collision between them and British fishermen, I deemed it expedient to +station a naval force in that quarter during the fishing season. +</p> + +<p> +Embarrassing questions have also arisen between the two Governments in +regard to Central America. Great Britain has proposed to settle them by an +amicable arrangement, and our minister at London is instructed to enter +into negotiations on that subject. A commission for adjusting the claims of +our citizens against Great Britain and those of British subjects against +the United States, organized under the convention of the 8th of February +last, is now sitting in London for the transaction of business. It is in +many respects desirable that the boundary line between the United States +and the British Provinces in the northwest, as designated in the convention +of the 15th of June, 1846, and especially that part which separates the +Territory of Washington from the British possessions on the north, should +be traced and marked. I therefore present the subject to your notice. +</p> + +<p> +With France our relations continue on the most friendly footing. The +extensive commerce between the United States and that country might, it is +conceived, be released from some unnecessary restrictions to the mutual +advantage of both parties. With a view to this object, some progress has +been made in negotiating a treaty of commerce and navigation. +</p> + +<p> +Independently of our valuable trade with Spain, we have important political +relations with her growing out of our neighborhood to the islands of Cuba +and Porto Rico. I am happy to announce that since the last Congress no +attempts have been made by unauthorized expeditions within the United +States against either of those colonies. Should any movement be manifested +within our limits, all the means at my command will be vigorously exerted +to repress it. Several annoying occurrences have taken place at Havana, or +in the vicinity of the island of Cuba, between our citizens and the Spanish +authorities. Considering the proximity of that island to our shores, lying, +as it does, in the track of trade between some of our principal cities, and +the suspicious vigilance with which foreign intercourse, particularly that +with the United States, is there guarded, a repetition of such occurrences +may well be apprehended. +</p> + +<p> +As no diplomatic intercourse is allowed between our consul at Havana and +the Captain-General of Cuba, ready explanations can not be made or prompt +redress afforded where injury has resulted. All complaint on the part of +our citizens under the present arrangement must be, in the first place, +presented to this Government and then referred to Spain. Spain again refers +it to her local authorities in Cuba for investigation, and postpones an +answer till she has heard from those authorities. To avoid these irritating +and vexatious delays, a proposition has been made to provide for a direct +appeal for redress to the Captain-General by our consul in behalf of our +injured fellow-citizens. Hitherto the Government of Spain has declined to +enter into any such arrangement. This course on her part is deeply +regretted, for without some arrangement of this kind the good understanding +between the two countries may be exposed to occasional interruption. Our +minister at Madrid is instructed to renew the proposition and to press it +again upon the consideration of Her Catholic Majesty's Government. +</p> + +<p> +For several years Spain has been calling the attention of this Government +to a claim for losses by some of her subjects in the case of the schooner +Amistad. This claim is believed to rest on the obligations imposed by our +existing treaty with that country. Its justice was admitted in our +diplomatic correspondence with the Spanish Government as early as March, +1847, and one of my predecessors, in his annual message of that year, +recommended that provision should be made for its payment. In January last +it was again submitted to Congress by the Executive. It has received a +favorable consideration by committees of both branches, but as yet there +has been no final action upon it. I conceive that good faith requires its +prompt adjustment, and I present it to your early and favorable +consideration. +</p> + +<p> +Martin Koszta, a Hungarian by birth, came to this country in 1850, and +declared his intention in due form of law to become a citizen of the United +States. After remaining here nearly two years he visited Turkey. While at +Smyrna he was forcibly seized, taken on board an Austrian brig of war then +lying in the harbor of that place, and there confined in irons, with the +avowed design to take him into the dominions of Austria. Our consul at +Smyrna and legation at Constantinople interposed for his release, but their +efforts were ineffectual. While thus in prison Commander Ingraham, with the +United States ship of war St. Louis, arrived at Smyrna, and after inquiring +into the circumstances of the case came to the conclusion that Koszta was +entitled to the protection of this Government, and took energetic and +prompt measures for his release. Under an arrangement between the agents of +the United States and of Austria, he was transferred to the custody of the +French consul-general at Smyrna, there to remain until he should be +disposed of by the mutual agreement of the consuls of the respective +Governments at that place. Pursuant to that agreement, he has been +released, and is now in the United States. The Emperor of Austria has made +the conduct of our officers who took part in this transaction a subject of +grave complaint. Regarding Koszta as still his subject, and claiming a +right to seize him within the limits of the Turkish Empire, he has demanded +of this Government its consent to the surrender of the prisoner, a +disavowal of the acts of its agents, and satisfaction for the alleged +outrage. After a careful consideration of the case I came to the conclusion +that Koszta was seized without legal authority at Smyrna; that he was +wrongfully detained on board of the Austrian brig of war; that at the time +of his seizure he was clothed with the nationality of the United States, +and that the acts of our officers, under the circumstances of the case, +were justifiable, and their conduct has been fully approved by me, and a +compliance with the several demands of the Emperor of Austria has been +declined. +</p> + +<p> +For a more full account of this transaction and my views in regard to it I +refer to the correspondence between the charge d'affaires of Austria and +the Secretary of State, which is herewith transmitted. The principles and +policy therein maintained on the part of the United States will, whenever a +proper occasion occurs, be applied and enforced. +</p> + +<p> +The condition of China at this time renders it probable that some important +changes will occur in that vast Empire which will lead to a more +unrestricted intercourse with it. The commissioner to that country who has +been recently appointed is instructed to avail himself of all occasions to +open and extend our commercial relations, not only with the Empire of +China, but with other Asiatic nations. +</p> + +<p> +In 1852 an expedition was sent to Japan, under the command of Commodore +Perry, for the purpose of opening commercial intercourse with that Empire. +Intelligence has been received of his arrival there and of his having made +known to the Emperor of Japan the object of his visit. But it is not yet +ascertained how far the Emperor will be disposed to abandon his restrictive +policy and open that populous country to a commercial intercourse with the +United States. +</p> + +<p> +It has been my earnest desire to maintain friendly intercourse with the +Governments upon this continent and to aid them in preserving good +understanding among themselves. With Mexico a dispute has arisen as to the +true boundary line between our Territory of New Mexico and the Mexican +State of Chihuahua. A former commissioner of the United States, employed in +running that line pursuant to the treaty of Guadalupe Hidalgo, made a +serious mistake in determining the initial point on the Rio Grande; but +inasmuch as his decision was clearly a departure from the directions for +tracing the boundary contained in that treaty, and was not concurred in by +the surveyor appointed on the part of the United States, whose concurrence +was necessary to give validity to that decision, this Government is not +concluded thereby; but that of Mexico takes a different view of the +subject. +</p> + +<p> +There are also other questions of considerable magnitude pending between +the two Republics. Our minister in Mexico has ample instructions to adjust +them. Negotiations have been opened, but sufficient progress has not been +made therein to enable me to speak of the probable result. Impressed with +the importance of maintaining amicable relations with that Republic and of +yielding with liberality to all her just claims, it is reasonable to expect +that an arrangement mutually satisfactory to both countries may be +concluded and a lasting friendship between them confirmed and perpetuated. +</p> + +<p> +Congress having provided for a full mission to the States of Central +America, a minister was sent thither in July last. As yet he has had time +to visit only one of these States (Nicaragua), where he was received in the +most friendly manner. It is hoped that his presence and good offices will +have a benign effect in composing the dissensions which prevail among them, +and in establishing still more intimate and friendly relations between them +respectively and between each of them and the United States. +</p> + +<p> +Considering the vast regions of this continent and the number of states +which would be made accessible by the free navigation of the river Amazon, +particular attention has been given to this subject. Brazil, through whose +territories it passes into the ocean, has hitherto persisted in a policy so +restricted in regard to the use of this river as to obstruct and nearly +exclude foreign commercial intercourse with the States which lie upon its +tributaries and upper branches. Our minister to that country is instructed +to obtain a relaxation of that policy and to use his efforts to induce the +Brazilian Government to open to common use, under proper safeguards, this +great natural highway for international trade. Several of the South +American States are deeply interested in this attempt to secure the free +navigation of the Amazon, and it is reasonable to expect their cooperation +in the measure. As the advantages of free commercial intercourse among +nations are better understood, more liberal views are generally entertained +as to the common rights of all to the free use of those means which nature +has provided for international communication. To these more liberal and +enlightened views it is hoped that Brazil will conform her policy and +remove all unnecessary restrictions upon the free use of a river which +traverses so many states and so large a part of the continent. I am happy +to inform you that the Republic of Paraguay and the Argentine Confederation +have yielded to the liberal policy still resisted by Brazil in regard to +the navigable rivers within their respective territories. Treaties +embracing this subject, among others, have been negotiated with these +Governments, which will be submitted to the Senate at the present session. +</p> + +<p> +A new branch of commerce, important to the agricultural interests of the +United States, has within a few years past been opened with Peru. +Notwithstanding the inexhaustible deposits of guano upon the islands of +that country, considerable difficulties are experienced in obtaining the +requisite supply. Measures have been taken to remove these difficulties and +to secure a more abundant importation of the article. Unfortunately, there +has been a serious collision between our citizens who have resorted to the +Chincha Islands for it and the Peruvian authorities stationed there. +Redress for the outrages committed by the latter was promptly demanded by +our minister at Lima. This subject is now under consideration, and there is +reason to believe that Peru is disposed to offer adequate indemnity to the +aggrieved parties. We are thus not only at peace with all foreign +countries, but, in regard to political affairs, are exempt from any cause +of serious disquietude in our domestic relations. +</p> + +<p> +The controversies which have agitated the country heretofore are passing +away with the causes which produced them and the passions which they had +awakened; or, if any trace of them remains, it may be reasonably hoped that +it will only be perceived in the zealous rivalry of all good citizens to +testify their respect for the rights of the States, their devotion to the +Union, and their common determination that each one of the States, its +institutions, its welfare, and its domestic peace, shall be held alike +secure under the sacred aegis of the Constitution. This new league of amity +and of mutual confidence and support into which the people of the Republic +have entered happily affords inducement and opportunity for the adoption of +a more comprehensive and unembarrassed line of policy and action as to the +great material interests of the country, whether regarded in themselves or +in connection with the powers of the civilized world. +</p> + +<p> +The United States have continued gradually and steadily to expand through +acquisitions of territory, which, how much soever some of them may have +been questioned, are now universally seen and admitted to have been wise in +policy, just in character, and a great element in the advancement of our +country, and with it of the human race, in freedom, in prosperity, and in +happiness. The thirteen States have grown to be thirty-one, with relations +reaching to Europe on the one side and on the other to the distant realms +of Asia. +</p> + +<p> +I am deeply sensible of the immense responsibility which the present +magnitude of the Republic and the diversity and multiplicity of its +interests devolves upon me, the alleviation of which so far as relates to +the immediate conduct of the public business, is, first, in my reliance on +the wisdom and patriotism of the two Houses of Congress, and, secondly, in +the directions afforded me by the principles of public polity affirmed by +our fathers of the epoch of 1798, sanctioned by long experience, and +consecrated anew by the overwhelming voice of the people of the United +States. +</p> + +<p> +Recurring to these principles, which constitute the organic basis of union, +we perceive that vast as are the functions and the duties of the Federal +Government, vested in or intrusted to its three great departments--the +legislative, executive, and judicial--yet the substantive power, the +popular force, and the large capacities for social and material development +exist in the respective States, which, all being of themselves +well-constituted republics, as they preceded so they alone are capable of +maintaining and perpetuating the American Union. The Federal Government has +its appropriate line of action in the specific and limited powers conferred +on it by the Constitution, chiefly as to those things in which the States +have a common interest in their relations to one another and to foreign +governments, while the great mass of interests which belong to cultivated +men--the ordinary business of life, the springs of industry, all the +diversified personal and domestic affairs of society--rest securely upon +the general reserved powers of the people of the several States. There is +the effective democracy of the nation, and there the vital essence of its +being and its greatness. +</p> + +<p> +Of the practical consequences which flow from the nature of the Federal +Government, the primary one is the duty of administering with integrity and +fidelity the high trust reposed in it by the Constitution, especially in +the application of the public funds as drawn by taxation from the people +and appropriated to specific objects by Congress. +</p> + +<p> +Happily, I have no occasion to suggest any radical changes in the financial +policy of the Government. Ours is almost, if not absolutely, the solitary +power of Christendom having a surplus revenue drawn immediately from +imposts on commerce, and therefore measured by the spontaneous enterprise +and national prosperity of the country, with such indirect relation to +agriculture, manufactures, and the products of the earth and sea as to +violate no constitutional doctrine and yet vigorously promote the general +welfare. Neither as to the sources of the public treasure nor as to the +manner of keeping and managing it does any grave controversy now prevail, +there being a general acquiescence in the wisdom of the present system. +</p> + +<p> +The report of the Secretary of the Treasury will exhibit in detail the +state of the public finances and the condition of the various branches of +the public service administered by that Department of the Government. +</p> + +<p> +The revenue of the country, levied almost insensibly to the taxpayer, goes +on from year to year, increasing beyond either the interests or the +prospective wants of the Government. +</p> + +<p> +At the close of the fiscal year ending June 30, 1852, there remained in the +Treasury a balance of $14,632,136. The public revenue for the fiscal year +ending June 30, 1853, amounted to $58,931,865 from customs and to +$2,405,708 from public lands and other miscellaneous sources, amounting +together to $61,337,574, while the public expenditures for the same period, +exclusive of payments on account of the public debt, amounted to +$43,554,262, leaving a balance of $32,425,447 of receipts above +expenditures. +</p> + +<p> +This fact of increasing surplus in the Treasury became the subject of +anxious consideration at a very early period of my Administration, and the +path of duty in regard to it seemed to me obvious and clear, namely: First, +to apply the surplus revenue to the discharge of the public debt so far as +it could judiciously be done, and, secondly, to devise means for the +gradual reduction of the revenue to the standard of the public exigencies. +</p> + +<p> +Of these objects the first has been in the course of accomplishment in a +manner and to a degree highly satisfactory. The amount of the public debt +of all classes was on the 4th of March, 1853, $69,190,037, payments on +account of which have been made since that period to the amount of +$12,703,329, leaving unpaid and in continuous course of liquidation the sum +of $56,486,708. These payments, although made at the market price of the +respective classes of stocks, have been effected readily and to the general +advantage of the Treasury, and have at the same time proved of signal +utility in the relief they have incidentally afforded to the money market +and to the industrial and commercial pursuits of the country. +</p> + +<p> +The second of the above-mentioned objects, that of the reduction of the +tariff, is of great importance, and the plan suggested by the Secretary of +the Treasury, which is to reduce the duties on certain articles and to add +to the free list many articles now taxed, and especially such as enter into +manufactures and are not largely, or at all, produced in the country, is +commended to your candid and careful consideration. +</p> + +<p> +You will find in the report of the Secretary of the Treasury, also, +abundant proof of the entire adequacy of the present fiscal system to meet +all the requirements of the public service, and that, while properly +administered, it operates to the advantage of the community in ordinary +business relations. +</p> + +<p> +I respectfully ask your attention to sundry suggestions of improvements in +the settlement of accounts, especially as regards the large sums of +outstanding arrears due to the Government, and of other reforms in the +administrative action of his Department which are indicated by the +Secretary; as also to the progress made in the construction of marine +hospitals, custom-houses, and of a new mint in California and assay office +in the city of New York, heretofore provided for by Congress, and also to +the eminently successful progress of the Coast Survey and of the Light +House Board. +</p> + +<p> +Among the objects meriting your attention will be important recommendations +from the Secretaries of War and Navy. I am fully satisfied that the Navy of +the United States is not in a condition of strength and efficiency +commensurate with the magnitude of our commercial and other interests, and +commend to your especial attention the suggestions on this subject made by +the Secretary of the Navy. I respectfully submit that the Army, which under +our system must always be regarded with the highest interest as a nucleus +around which the volunteer forces of the nation gather in the hour of +danger, requires augmentation, or modification, to adapt it to the present +extended limits and frontier relations of the country and the condition of +the Indian tribes in the interior of the continent, the necessity of which +will appear in the communications of the Secretaries of War and the +Interior. +</p> + +<p> +In the administration of the Post-Office Department for the fiscal year +ending June 30, 1853, the gross expenditure was $7,982,756, and the gross +receipts during the same period $5,942,734, showing that the current +revenue failed to meet the current expenses of the Department by the sum of +$2,042,032. The causes which, under the present postal system and laws, led +inevitably to this result are fully explained by the report of the +Postmaster-General, one great cause being the enormous rates the Department +has been compelled to pay for mail service rendered by railroad companies. +</p> + +<p> +The exhibit in the report of the Postmaster-General of the income and +expenditures by mail steamers will be found peculiarly interesting and of a +character to demand the immediate action of Congress. +</p> + +<p> +Numerous and flagrant frauds upon the Pension Bureau have been brought to +light within the last year, and in some instances merited punishments +inflicted; but, unfortunately, in others guilty parties have escaped, not +through the want of sufficient evidence to warrant a conviction, but in +consequence of the provisions of limitation in the existing laws. +</p> + +<p> +From the nature of these claims, the remoteness of the tribunals to pass +upon them, and the mode in which the proof is of necessity furnished, +temptations to crime have been greatly stimulated by the obvious +difficulties of detection. The defects in the law upon this subject are so +apparent and so fatal to the ends of justice that your early action +relating to it is most desirable. +</p> + +<p> +During the last fiscal year 9,819,411 acres of the public lands have been +surveyed and 10,363,891 acres brought into market. Within the same period +the sales by public purchase and private entry amounted to 1,083,495 acres; +located under military bountys and warrants, 6,142,360 acres; located under +other certificates, 9,427 acres; ceded to the States as swamp lands, +16,684,253 acres; selected for railroad and other objects under acts of +Congress, 1,427,457 acres: total amount of lands disposed of within the +fiscal year, 25,346,992 acres, which is an increase in quantity sold and +located under land warrants and grants of 12,231, 818 acres over the fiscal +year immediately preceding. The quantity of land sold during the second and +third quarters of 1852 was 334,451 acres; the amount received therefor was +$623,687. The quantity sold the second and third quarters of the year 1853 +was 1,609,919 acres, and the amount received therefor $2,226,876. +</p> + +<p> +The whole number of land warrants issued under existing laws prior to the +30th of September last was 266,042, of which there were outstanding at that +date 66,947. The quantity of land required to satisfy these outstanding +warrants is 4,778,120 acres. Warrants have been issued to 30th of September +last under the act of 11th February, 1847, calling for 12,879,280 acres, +under acts of September 28, 1850, and March 22, 1852, calling for +12,505,360 acres, making a total of 25,384,640 acres. +</p> + +<p> +It is believed that experience has verified the wisdom and justice of the +present system with regard to the public domain in most essential +particulars. +</p> + +<p> +You will perceive from the report of the Secretary of the Interior that +opinions which have often been expressed in relation to the operation of +the land system as not being a source of revenue to the Federal Treasury +were erroneous. The net profits from the sale of the public lands to June +30, 1853, amounted to the sum of $53,289,465. +</p> + +<p> +I recommend the extension of the land system over the Territories of Utah +and New Mexico, with such modifications as their peculiarities may +require. +</p> + +<p> +Regarding our public domain as chiefly valuable to provide homes for the +industrious and enterprising, I am not prepared to recommend any essential +change in the land system, except by modifications in favor of the actual +settler and an extension of the preemption principle in certain cases, for +reasons and on grounds which will be fully developed in the reports to be +laid before you. +</p> + +<p> +Congress, representing the proprietors of the territorial domain and +charged especially with power to dispose of territory belonging to the +United States, has for a long course of years, beginning with the +Administration of Mr. Jefferson, exercised the power to construct roads +within the Territories, and there are so many and obvious distinctions +between this exercise of power and that of making roads within the States +that the former has never been considered subject to such objections as +apply to the latter; and such may now be considered the settled +construction of the power of the Federal Government upon the subject. +</p> + +<p> +Numerous applications have been and no doubt will continue to be made for +grants of land in aid of the construction of railways. It is not believed +to be within the intent and meaning of the Constitution that the power to +dispose of the public domain should be used otherwise than might be +expected from a prudent proprietor and therefore that grants of land to aid +in the construction of roads should be restricted to cases where it would +be for the interest of a proprietor under like circumstances thus to +contribute to the construction of these works. For the practical operation +of such grants thus far in advancing the interests of the States in which +the works are located, and at the same time the substantial interests of +all the other States, by enhancing the value and promoting the rapid sale +of the public domain, I refer you to the report of the Secretary of the +Interior. A careful examination, however, will show that this experience is +the result of a just discrimination and will be far from affording +encouragement to a reckless or indiscriminate extension of the principle. +</p> + +<p> +I commend to your favorable consideration the men of genius of our country +who by their inventions and discoveries in science and arts have +contributed largely to the improvements of the age without, in many +instances, securing for themselves anything like an adequate reward. For +many interesting details upon this subject I refer you to the appropriate +reports, and especially urge upon your early attention the apparently +slight, but really important, modifications of existing laws therein +suggested. +</p> + +<p> +The liberal spirit which has so long marked the action of Congress in +relation to the District of Columbia will, I have no doubt, continue to be +manifested. +</p> + +<p> +The erection of an asylum for the insane of the District of Columbia and of +the Army and Navy of the United States has been somewhat retarded by the +great demand for materials and labor during the past summer, but full +preparation for the reception of patients before the return of another +winter is anticipated; and there is the best reason to believe, from the +plan and contemplated arrangements which have been devised, with the large +experience furnished within the last few years in relation to the nature +and treatment of the disease, that it will prove an asylum indeed to this +most helpless and afflicted class of sufferers and stand as a noble +monument of wisdom and mercy. Under the acts of Congress of August 31, +1852, and of March 3, 1853, designed to secure for the cities of Washington +and Georgetown an abundant supply of good and wholesome water, it became my +duty to examine the report and plans of the engineer who had charge of the +surveys under the act first named. The best, if not the only, plan +calculated to secure permanently the object sought was that which +contemplates taking the water from the Great Falls of the Potomac, and +consequently I gave to it my approval. +</p> + +<p> +For the progress and present condition of this important work and for its +demands so far as appropriations are concerned I refer you to the report of +the Secretary of War. +</p> + +<p> +The present judicial system of the United States has now been in operation +for so long a period of time and has in its general theory and much of its +details become so familiar to the country and acquired so entirely the +public confidence that if modified in any respect it should only be in +those particulars which may adapt it to the increased extent, population, +and legal business of the United States. In this relation the organization +of the courts is now confessedly inadequate to the duties to be performed +by them, in consequence of which the States of Florida, Wisconsin, Iowa, +Texas, and California, and districts of other States, are in effect +excluded from the full benefits of the general system by the functions of +the circuit court being devolved on the district judges in all those States +or parts of States. The spirit of the Constitution and a due regard to +justice require that all the States of the Union should be placed on the +same footing in regard to the judicial tribunals. I therefore commend to +your consideration this important subject, which in my judgment demands the +speedy action of Congress. I will present to you, if deemed desirable, a +plan which I am prepared to recommend for the enlargement and modification +of the present judicial system. +</p> + +<p> +The act of Congress establishing the Smithsonian Institution provided that +the President of the United States and other persons therein designated +should constitute an "establishment" by that name, and that the members +should hold stated and special meetings for the supervision of the affairs +of the Institution. The organization not having taken place, it seemed to +me proper that it should be effected without delay. This has been done; and +an occasion was thereby presented for inspecting the condition of the +Institution and appreciating its successful progress thus far and its high +promise of great and general usefulness. +</p> + +<p> +I have omitted to ask your favorable consideration for the estimates of +works of a local character in twenty-seven of the thirty-one States, +amounting to $1,754,500, because, independently of the grounds which have +so often been urged against the application of the Federal revenue for +works of this character, inequality, with consequent injustice, is inherent +in the nature of the proposition, and because the plan has proved entirely +inadequate to the accomplishment of the objects sought. +</p> + +<p> +The subject of internal improvements, claiming alike the interest and good +will of all, has, nevertheless, been the basis of much political discussion +and has stood as a deep-graven line of division between statesmen of +eminent ability and patriotism. The rule of strict construction of all +powers delegated by the States to the General Government has arrayed itself +from time to time against the rapid progress of expenditures from the +National Treasury on works of a local character within the States. +Memorable as an epoch in the history of this subject is the message of +President Jackson of the 27th of May, 1830, which met the system of +internal improvements in its comparative infancy; but so rapid had been its +growth that the projected appropriations in that year for works of this +character had risen to the alarming amount of more than $100,000,000 +</p> + +<p> +In that message the President admitted the difficulty of bringing back the +operations of the Government to the construction of the Constitution set up +in 1798, and marked it as an admonitory proof of the necessity of guarding +that instrument with sleepless vigilance against the authority of +precedents which had not the sanction of its most plainly defined powers. +</p> + +<p> +Our Government exists under a written compact between sovereign States, +uniting for specific objects and with specific grants to their general +agent. If, then, in the progress of its administration there have been +departures from the terms and intent of the compact, it is and will ever be +proper to refer back to the fixed standard which our fathers left us and to +make a stern effort to conform our action to it. It would seem that the +fact of a principle having been resisted from the first by many of the +wisest and most patriotic men of the Republic, and a policy having provoked +constant strife without arriving at a conclusion which can be regarded as +satisfactory to its most earnest advocates, should suggest the inquiry +whether there may not be a plan likely to be crowned by happier results. +Without perceiving any sound distinction or intending to assert any +principle as opposed to improvements needed for the protection of internal +commerce which does not equally apply to improvements upon the seaboard for +the protection of foreign commerce, I submit to you whether it may not be +safely anticipated that if the policy were once settled against +appropriations by the General Government for local improvements for the +benefit of commerce, localities requiring expenditures would not, by modes +and means clearly legitimate and proper, raise the fund necessary for such +constructions as the safety or other interests of their commerce might +require. +</p> + +<p> +If that can be regarded as a system which in the experience of mere than +thirty years has at no time so commanded the public judgment as to give it +the character of a settled policy; which, though it has produced some works +of conceded importance, has been attended with an expenditure quite +disproportionate to their value and has resulted in squandering large sums +upon objects which have answered no valuable purpose, the interests of all +the States require it to be abandoned unless hopes may be indulged for the +future which find no warrant in the past. +</p> + +<p> +With an anxious desire for the completion of the works which are regarded +by all good citizens with sincere interest, I have deemed it my duty to ask +at your hands a deliberate reconsideration of the question, with a hope +that, animated by a desire to promote the permanent and substantial +interests of the country, your wisdom may prove equal to the task of +devising and maturing a plan which, applied to this subject, may promise +something better than constant strife, the suspension of the powers of +local enterprise, the exciting of vain hopes, and the disappointment of +cherished expectations. +</p> + +<p> +In expending the appropriations made by the last Congress several cases +have arisen in relation to works for the improvement of harbors which +involve questions as to the right of soil and jurisdiction, and have +threatened conflict between the authority of the State and General +Governments. The right to construct a breakwater, jetty, or dam would seem +necessarily to carry with it the power to protect and preserve such +constructions. This can only be effectually done by having jurisdiction +over the soil. But no clause of the Constitution is found on which to rest +the claim of the United States to exercise jurisdiction over the soil of a +State except that conferred by the eighth section of the first article of +the Constitution. It is, then, submitted whether, in all cases where +constructions are to be erected by the General Government, the right of +soil should not first be obtained and legislative provision be made to +cover all such cases. For the progress made in the construction of roads +within the Territories, as provided for in the appropriations of the last +Congress, I refer you to the report of the Secretary of War. +</p> + +<p> +There is one subject of a domestic nature which, from its intrinsic +importance and the many interesting questions of future policy which it +involves, can not fail to receive your early attention. I allude to the +means of communication by which different parts of the wide expanse of our +country are to be placed in closer connection for purposes both of defense +and commercial intercourse, and more especially such as appertain to the +communication of those great divisions of the Union which lie on the +opposite sides of the Rocky Mountains. That the Government has not been +unmindful of this heretofore is apparent from the aid it has afforded +through appropriations for mail facilities and other purposes. But the +general subject will now present itself under aspects more imposing and +more purely national by reason of the surveys ordered by Congress, and now +in the process of completion, for communication by railway across the +continent, and wholly within the limits of the United States. +</p> + +<p> +The power to declare war, to raise and support armies, to provide and +maintain a navy, and to call forth the militia to execute the laws, +suppress insurrections, and repel invasions was conferred upon Congress as +means to provide for the common defense and to protect a territory and a +population now widespread and vastly multiplied. As incidental to and +indispensable for the exercise of this power, it must sometimes be +necessary to construct military roads and protect harbors of refuge. To +appropriations by Congress for such objects no sound objection can be +raised. Happily for our country, its peaceful policy and rapidly increasing +population impose upon us no urgent necessity for preparation, and leave +but few trackless deserts between assailable points and a patriotic people +ever ready and generally able to protect them. These necessary links the +enterprise and energy of our people are steadily and boldly struggling to +supply. All experience affirms that wherever private enterprise will avail +it is most wise for the General Government to leave to that and individual +watchfulness the location and execution of all means of communication. +</p> + +<p> +The surveys before alluded to were designed to ascertain the most +practicable and economical route for a railroad from the river Mississippi +to the Pacific Ocean. Parties are now in the field making explorations, +where previous examinations had not supplied sufficient data and where +there was the best reason to hope the object sought might be found. The +means and time being both limited, it is not to be expected that all the +accurate knowledge desired will be obtained, but it is hoped that much and +important information will be added to the stock previously possessed, and +that partial, if not full, reports of the surveys ordered will be received +in time for transmission to the two Houses of Congress on or before the +first Monday in February next, as required by the act of appropriation. The +magnitude of the enterprise contemplated has aroused and will doubtless +continue to excite a very general interest throughout the country. In its +political, its commercial, and its military bearings it has varied, great, +and increasing claims to consideration. The heavy expense, the great delay, +and, at times, fatality attending travel by either of the Isthmus routes +have demonstrated the advantage which would result from interterritorial +communication by such safe and rapid means as a railroad would supply. +</p> + +<p> +These difficulties, which have been encountered in a period of peace, would +be magnified and still further increased in time of war. But whilst the +embarrassments already encountered and others under new contingencies to be +anticipated may serve strikingly to exhibit the importance of such a work, +neither these nor all considerations combined can have an appreciable value +when weighed against the obligation strictly to adhere to the Constitution +and faithfully to execute the powers it confers. +</p> + +<p> +Within this limit and to the extent of the interest of the Government +involved it would seem both expedient and proper if an economical and +practicable route shall be found to aid by all constitutional means in the +construction of a road which will unite by speedy transit the populations +of the Pacific and Atlantic States. To guard against misconception, it +should be remarked that although the power to construct or aid in the +construction of a road within the limits of a Territory is not embarrassed +by that question of jurisdiction which would arise within the limits of a +State, it is, nevertheless, held to be of doubtful power and more than +doubtful propriety, even within the limits of a Territory, for the General +Government to undertake to administer the affairs of a railroad, a canal, +or other similar construction, and therefore that its connection with a +work of this character should be incidental rather than primary. I will +only add at present that, fully appreciating the magnitude of the subject +and solicitous that the Atlantic and Pacific shores of the Republic may be +bound together by inseparable ties of common interest, as well as of common +fealty and attachment to the Union, I shall be disposed, so far as my own +action is concerned, to follow the lights of the Constitution as expounded +and illustrated by those whose opinions and expositions constitute the +standard of my political faith in regard to the powers of the Federal +Government. It is, I trust, not necessary to say that no grandeur of +enterprise and no present urgent inducement promising popular favor will +lead me to disregard those lights or to depart from that path which +experience has proved to be safe, and which is now radiant with the glow of +prosperity and legitimate constitutional progress. We can afford to wait, +but we can not afford to overlook the ark of our security. +</p> + +<p> +It is no part of my purpose to give prominence to any subject which may +properly be regarded as set at rest by the deliberate judgment of the +people. But while the present is bright with promise and the future full of +demand and inducement for the exercise of active intelligence, the past can +never be without useful lessons of admonition and instruction. If its +dangers serve not as beacons, they will evidently fail to fulfill the +object of a wise design. When the grave shall have closed over all who are +now endeavoring to meet the obligations of duty, the year 1850 will be +recurred to as a period filled with anxious apprehension. A successful war +had just terminated. Peace brought with it a vast augmentation of +territory. Disturbing questions arose bearing upon the domestic +institutions of one portion of the Confederacy and involving the +constitutional rights of the States. But notwithstanding differences of +opinion and sentiment which then existed in relation to details and +specific provisions, the acquiescence of distinguished citizens, whose +devotion to the Union can never be doubted, has given renewed vigor to our +institutions and restored a sense of repose and security to the public mind +throughout the Confederacy. That this repose is to suffer no shock during +my official term, if I have power to avert it, those who placed me here may +be assured. The wisdom of men who knew what independence cost, who had put +all at stake upon the issue of the Revolutionary struggle, disposed of the +subject to which I refer in the only way consistent with the Union of these +States and with the march of power and prosperity which has made us what we +are. It is a significant fact that from the adoption of the Constitution +until the officers and soldiers of the Revolution had passed to their +graves, or, through the infirmities of age and wounds, had ceased to +participate actively in public affairs, there was not merely a quiet +acquiescence in, but a prompt vindication of, the constitutional rights of +the States. The reserved powers were scrupulously respected. No statesman +put forth the narrow views of casuists to justify interference and +agitation, but the spirit of the compact was regarded as sacred in the eye +of honor and indispensable for the great experiment of civil liberty, +which, environed by inherent difficulties, was yet borne forward in +apparent weakness by a power superior to all obstacles. There is no +condemnation which the voice of freedom will not pronounce upon us should +we prove faithless to this great trust. While men inhabiting different +parts of this vast continent can no more be expected to hold the same +opinions or entertain the same sentiments than every variety of climate or +soil can be expected to furnish the same agricultural products, they can +unite in a common object and sustain common principles essential to the +maintenance of that object. The gallant men of the South and the North +could stand together during the struggle of the Revolution; they could +stand together in the more trying period which succeeded the clangor of +arms. As their united valor was adequate to all the trials of the camp and +dangers of the field, so their united wisdom proved equal to the greater +task of founding upon a deep and broad basis institutions which it has been +our privilege to enjoy and will ever be our most sacred duty to sustain. It +is but the feeble expression of a faith strong and universal to say that +their sons, whose blood mingled so often upon the same field during the War +of 1812 and who have more recently borne in triumph the flag of the country +upon a foreign soil, will never permit alienation of feeling to weaken the +power of their united efforts nor internal dissensions to paralyze the +great arm of freedom, uplifted for the vindication of self-government. +</p> + +<p> +I have thus briefly presented such suggestions as seem to me especially +worthy of your consideration. In providing for the present you can hardly +fail to avail yourselves of the light which the experience of the past +casts upon the future. +</p> + +<p> +The growth of our population has now brought us, in the destined career of +our national history, to a point at which it well behooves us to expand our +vision over the vast prospective. +</p> + +<p> +The successive decennial returns of the census since the adoption of the +Constitution have revealed a law of steady, progressive development, which +may be stated in general terms as a duplication every quarter century. +Carried forward from the point already reached for only a short period of +time, as applicable to the existence of a nation, this law of progress, if +unchecked, will bring us to almost incredible results. A large allowance +for a diminished proportional effect of emigration would not very +materially reduce the estimate, while the increased average duration of +human life known to have already resulted from the scientific and hygienic +improvements of the past fifty years will tend to keep up through the next +fifty, or perhaps hundred, the same ratio of growth which has been thus +revealed in our past progress; and to the influence of these causes may be +added the influx of laboring masses from eastern Asia to the Pacific side +of our possessions, together with the probable accession of the populations +already existing in other parts of our hemisphere, which within the period +in question will feel with yearly increasing force the natural attraction +of so vast, powerful, and prosperous a confederation of self-governing +republics and will seek the privilege of being admitted within its safe and +happy bosom, transferring with themselves, by a peaceful and healthy +process of incorporation, spacious regions of virgin and exuberant soil, +which are destined to swarm with the fast growing and fast-spreading +millions of our race. +</p> + +<p> +These considerations seem fully to justify the presumption that the law of +population above stated will continue to act with undiminished effect +through at least the next half century, and that thousands of persons who +have already arrived at maturity and are now exercising the rights of +freemen will close their eyes on the spectacle of more than 100,000,000 of +population embraced within the majestic proportions of the American Union. +It is not merely as an interesting topic of speculation that I present +these views for your consideration. They have important practical bearings +upon all the political duties we are called upon to perform. Heretofore our +system of government has worked on what may be termed a miniature scale in +comparison with the development which it must thus assume within a future +so near at hand as scarcely to be beyond the present of the existing +generation. +</p> + +<p> +It is evident that a confederation so vast and so varied, both in numbers +and in territorial extent, in habits and in interests, could only be kept +in national cohesion by the strictest fidelity to the principles of the +Constitution as understood by those who have adhered to the most restricted +construction of the powers granted by the people and the States. +Interpreted and applied according to those principles, the great compact +adapts itself with healthy ease and freedom to an unlimited extension of +that benign system of federative self-government of which it is our +glorious and, I trust, immortal charter. Let us, then, with redoubled +vigilance, be on our guard against yielding to the temptation of the +exercise of doubtful powers, even under the pressure of the motives of +conceded temporary advantage and apparent temporary expediency. The minimum +of Federal government compatible with the maintenance of national unity and +efficient action in our relations with the rest of the world should afford +the rule and measure of construction of our powers under the general +clauses of the Constitution. A spirit of strict deference to the sovereign +rights and dignity of every State, rather than a disposition to subordinate +the States into a provincial relation to the central authority, should +characterize all our exercise of the respective powers temporarily vested +in us as a sacred trust from the generous confidence of our constituents. +</p> + +<p> +In like manner, as a manifestly indispensable condition of the perpetuation +of the Union and of the realization of that magnificent national future +adverted to, does the duty become yearly stronger and clearer upon us, as +citizens of the several States, to cultivate a fraternal and affectionate +spirit, language, and conduct in regard to other States and in relation to +the varied interests, institutions, and habits of sentiment and opinion +which may respectively characterize them. Mutual forbearance, respect, and +noninterference in our personal action as citizens and an enlarged exercise +of the most liberal principles of comity in the public dealings of State +with State, whether in legislation or in the execution of laws, are the +means to perpetuate that confidence and fraternity the decay of which a +mere political union, on so vast a scale, could not long survive. +</p> + +<p> +In still another point of view is an important practical duty suggested by +this consideration of the magnitude of dimensions to which our political +system, with its corresponding machinery of government, is so rapidly +expanding. With increased vigilance does it require us to cultivate the +cardinal virtues of public frugality and official integrity and purity. +Public affairs ought to be so conducted that a settled conviction shall +pervade the entire Union that nothing short of the highest tone and +standard of public morality marks every part of the administration and +legislation of the General Government. Thus will the federal system, +whatever expansion time and progress may give it, continue more and more +deeply rooted in the love and confidence of the people. +</p> + +<p> +That wise economy which is as far removed from parsimony as from corrupt +and corrupting extravagance; that single regard for the public good which +will frown upon all attempts to approach the Treasury with insidious +projects of private interest cloaked under public pretexts; that sound +fiscal administration which, in the legislative department, guards against +the dangerous temptations incident to overflowing revenue, and, in the +executive, maintains an unsleeping watchfulness against the tendency of all +national expenditure to extravagance, while they are admitted elementary +political duties, may, I trust, be deemed as properly adverted to and urged +in view of the more impressive sense of that necessity which is directly +suggested by the considerations now presented. +</p> + +<p> +Since the adjournment of Congress the Vice-President of the United States +has passed from the scenes of earth, without having entered upon the duties +of the station to which he had been called by the voice of his countrymen. +Having occupied almost continuously for more than thirty years a seat in +one or the other of the two Houses of Congress, and having by his singular +purity and wisdom secured unbounded confidence and universal respect, his +failing health was watched by the nation with painful solicitude. His loss +to the country, under all the circumstances, has been justly regarded as +irreparable. +</p> + +<p> +In compliance with the act of Congress of March 2, 1853, the oath of office +was administered to him on the 24th of that month at Ariadne estate, near +Matanzas, in the island of Cuba; but his strength gradually declined, and +was hardly sufficient to enable him to return to his home in Alabama, +where, on the 18th day of April, in the most calm and peaceful way, his +long and eminently useful career was terminated. Entertaining unlimited +confidence in your intelligent and patriotic devotion to the public +interest, and being conscious of no motives on my part which are not +inseparable from the honor and advancement of my country, I hope it may be +my privilege to deserve and secure not only your cordial cooperation in +great public measures, but also those relations of mutual confidence and +regard which it is always so desirable to cultivate between members of +coordinate branches of the Government. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1854"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +Franklin Pierce<br /> +December 4, 1854<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</p> + +<p> +The past has been an eventful year, and will be hereafter referred to as a +marked epoch in the history of the world. While we have been happily +preserved from the calamities of war, our domestic prosperity has not been +entirely uninterrupted. The crops in portions of the country have been +nearly cut off. Disease has prevailed to a greater extent than usual, and +the sacrifice of human life through casualties by sea and land is without +parallel. But the pestilence has swept by, and restored salubrity invites +the absent to their homes and the return of business to its ordinary +channels. If the earth has rewarded the labor of the husbandman less +bountifully than in preceding seasons, it has left him with abundance for +domestic wants and a large surplus for exportation. In the present, +therefore, as in the past, we find ample grounds for reverent thankfulness +to the God of grace and providence for His protecting care and merciful +dealings with us as a people. +</p> + +<p> +Although our attention has been arrested by painful interest in passing +events, yet our country feels no more than the slight vibrations of the +convulsions which have shaken Europe. As individuals we can not repress +sympathy with human suffering nor regret for the causes which produce it; +as a nation we are reminded that whatever interrupts the peace or checks +the prosperity of any part of Christendom tends more or less to involve our +own. The condition of States is not unlike that of individuals; they are +mutually dependent upon each other. Amicable relations between them and +reciprocal good will are essential for the promotion of whatever is +desirable in their moral, social, and political condition. Hence it has +been my earnest endeavor to maintain peace and friendly intercourse with +all nations. +</p> + +<p> +The wise theory of this Government, so early adopted and steadily pursued, +of avoiding all entangling alliances has hitherto exempted it from many +complications in which it would otherwise have become involved. +Notwithstanding this our clearly defined and well-sustained course of +action and our geographical position, so remote from Europe, increasing +disposition has been manifested by some of its Governments to supervise and +in certain respects to direct our foreign policy. In plans for adjusting +the balance of power among themselves they have assumed to take us into +account, and would constrain us to conform our conduct to their views. One +or another of the powers of Europe has from time to time undertaken to +enforce arbitrary regulations contrary in many respects to established +principles of international law. That law the United States have in their +foreign intercourse uniformly respected and observed, and they can not +recognize any such interpolations therein as the temporary interests of +others may suggest. They do not admit that the sovereigns of one continent +or of a particular community of states can legislate for all others. +</p> + +<p> +Leaving the transatlantic nations to adjust their political system in the +way they may think best for their common welfare, the independent powers of +this continent may well assert the right to be exempt from all annoying +interference on their part. Systematic abstinence from intimate political +connection with distant foreign nations does not conflict with giving the +widest range to our foreign commerce. This distinction, so clearly marked +in history, seems to have been overlooked or disregarded by some leading +foreign states. Our refusal to be brought within and subjected to their +peculiar system has, I fear, created a jealous distrust of our conduct and +induced on their part occasional acts of disturbing effect upon our foreign +relations. Our present attitude and past course give assurances, which +should not be questioned, that our purposes are not aggressive nor +threatening to the safety and welfare of other nations. Our military +establishment in time of peace is adapted to maintain exterior defenses and +to preserve order among the aboriginal tribes within the limits of the +Union. Our naval force is intended only for the protection of our citizens +abroad and of our commerce, diffused, as it is, over all the seas of the +globe. The Government of the United States, being essentially pacific in +policy, stands prepared to repel invasion by the voluntary service of a +patriotic people, and provides no permanent means of foreign aggression. +These considerations should allay all apprehension that we are disposed to +encroach on the rights or endanger the security of other states. +</p> + +<p> +Some European powers have regarded with disquieting concern the territorial +expansion of the United States. This rapid growth has resulted from the +legitimate exercise of sovereign rights belonging alike to all nations, and +by many liberally exercised. Under such circumstances it could hardly have +been expected that those among them which have within a comparatively +recent period subdued and absorbed ancient kingdoms, planted their +standards on every continent, and now possess or claim the control of the +islands of every ocean as their appropriate domain would look with +unfriendly sentiments upon the acquisitions of this country, in every +instance honorably obtained, or would feel themselves justified in imputing +our advancement to a spirit of aggression or to a passion for political +predominance. Our foreign commerce has reached a magnitude and extent +nearly equal to that of the first maritime power of the earth, and +exceeding that of any other. Over this great interest, in which not only +our merchants, but all classes of citizens, at least indirectly, are +concerned, it is the duty of the executive and legislative branches of the +Government to exercise a careful supervision and adopt proper measures for +its protection. The policy which I had in view in regard to this interest +embraces its future as well as its present security. Long experience has +shown that, in general, when the principal powers of Europe are engaged in +war the rights of neutral nations are endangered. This consideration led, +in the progress of the War of our Independence, to the formation of the +celebrated confederacy of armed neutrality, a primary object of which was +to assert the doctrine that free ships make free goods, except in the case +of articles contraband of war--a doctrine which from the very commencement +of our national being has been a cherished idea of the statesmen of this +country. At one period or another every maritime power has by some solemn +treaty stipulation recognized that principle, and it might have been hoped +that it would come to be universally received and respected as a rule of +international law. But the refusal of one power prevented this, and in the +next great war which ensued--that of the French Revolution--it failed to be +respected among the belligerent States of Europe. Notwithstanding this, the +principle is generally admitted to be a sound and salutary one, so much so +that at the commencement of the existing war in Europe Great Britain and +France announced their purpose to observe it for the present; not, however, +as a recognized international fight, but as a mere concession for the time +being. The cooperation, however, of these two powerful maritime nations in +the interest of neutral rights appeared to me to afford an occasion +inviting and justifying on the part of the United States a renewed effort +to make the doctrine in question a principle of international law, by means +of special conventions between the several powers of Europe and America. +Accordingly, a proposition embracing not only the rule that free ships make +free goods, except contraband articles, but also the less contested one +that neutral property other than contraband, though on board enemy's ships, +shall be exempt from confiscation, has been submitted by this Government to +those of Europe and America. +</p> + +<p> +Russia acted promptly in this matter, and a convention was concluded +between that country and the United States providing for the observance of +the principles announced, not only as between themselves, but also as +between them and all other nations which shall enter into like +stipulations. None of the other powers have as yet taken final action on +the subject. I am not aware, however, that any objection to the proposed +stipulations has been made, but, on the contrary, they are acknowledged to +be essential to the security of neutral commerce, and the only apparent +obstacle to their general adoption is in the possibility that it may be +encumbered by inadmissible conditions. The King of the Two Sicilies has +expressed to our minister at Naples his readiness to concur in our +proposition relative to neutral rights and to enter into a convention on +that subject. +</p> + +<p> +The King of Prussia entirely approves of the project of a treaty to the +same effect submitted to him, but proposes an additional article providing +for the renunciation of privateering. Such an article, for most obvious +reasons, is much desired by nations having naval establishments large in +proportion to their foreign commerce. If it were adopted as an +international rule, the commerce of a nation having comparatively a small +naval force would be very much at the mercy of its enemy in case of war +with a power of decided naval superiority. The bare statement of the +condition in which the United States would be placed, after having +surrendered the right to resort to privateers, in the event of war with a +belligerent of naval supremacy will show that this Government could never +listen to such a proposition. The navy of the first maritime power in +Europe is at least ten times as large as that of the United States. The +foreign commerce of the two countries is nearly equal, and about equally +exposed to hostile depredations. In war between that power and the United +States, without resort on our part to our mercantile marine the means of +our enemy to inflict injury upon our commerce would be tenfold greater than +ours to retaliate. We could not extricate our country from this unequal +condition, with such an enemy, unless we at once departed from our present +peaceful policy and became a great naval power. Nor would this country be +better situated in war with one of the secondary naval powers. Though the +naval disparity would be less, the greater extent and more exposed +condition of our widespread commerce would give any of them a like +advantage over us. +</p> + +<p> +The proposition to enter into engagements to forego a resort to privateers +in case this country should be forced into war with a great naval power is +not entitled to more favorable consideration than would be a proposition to +agree not to accept the services of volunteers for operations on land. When +the honor or the rights of our country require it to assume a hostile +attitude, it confidently relies upon the patriotism of its citizens, not +ordinarily devoted to the military profession, to augment the Army and the +Navy so as to make them fully adequate to the emergency which calls them +into action. The proposal to surrender the right to employ privateers is +professedly founded upon the principle that private property of unoffending +noncombatants, though enemies, should be exempt from the ravages of war; +but the proposed surrender goes but little way in carrying out that +principle, which equally requires that such private property should not be +seized or molested by national ships of war. Should the leading powers of +Europe concur in proposing as a rule of international law to exempt private +property upon the ocean from seizure by public armed cruisers as well as by +privateers, the United States will readily meet them upon that broad +ground. +</p> + +<p> +Since the adjournment of Congress the ratifications of the treaty between +the United States and Great Britain relative to coast fisheries and to +reciprocal trade with the British North American Provinces have been +exchanged, and some of its anticipated advantages are already enjoyed by +us, although its full execution was to abide certain acts of legislation +not yet fully performed. So soon as it was ratified Great Britain opened to +our commerce the free navigation of the river St. Lawrence and to our +fishermen unmolested access to the shores and bays, from which they had +been previously excluded, on the coasts of her North American Provinces; in +return for which she asked for the introduction free of duty into the ports +of the United States of the fish caught on the same coast by British +fishermen. This being the compensation stipulated in the treaty for +privileges of the highest importance and value to the United States, which +were thus voluntarily yielded before it became effective, the request +seemed to me to be a reasonable one; but it could not be acceded to from +want of authority to suspend our laws imposing duties upon all foreign +fish. In the meantime the Treasury Department issued a regulation for +ascertaining the duties paid or secured by bonds on fish caught on the +coasts of the British Provinces and brought to our markets by British +subjects after the fishing grounds had been made fully accessible to the +citizens of the United States. I recommend to your favorable consideration +a proposition, which will be submitted to you, for authority to refund the +duties and cancel the bonds thus received. The Provinces of Canada and New +Brunswick have also anticipated the full operation of the treaty by +legislative arrangements, respectively, to admit free of duty the products +of the United States mentioned in the free list of the treaty; and an +arrangement similar to that regarding British fish has been made for duties +now chargeable on the products of those Provinces enumerated in the same +free list and introduced therefrom into the United States, a proposition +for refunding which will, in my judgment, be in like manner entitled to +your favorable consideration. +</p> + +<p> +There is difference of opinion between the United States and Great Britain +as to the boundary line of the Territory of Washington adjoining the +British possessions on the Pacific, which has already led to difficulties +on the part of the citizens and local authorities of the two Governments I +recommend that provision he made for a commission, to be joined by one on +the part of Her Britannic Majesty, for the purpose of running and +establishing the line in controversy. Certain stipulations of the third and +fourth articles of the treaty concluded by the United States and Great +Britain in 1846, regarding possessory rights of the Hudsons Bay Company and +property of the Pugets Sound Agricultural Company, have given rise to +serious disputes, and it is important to all concerned that summary means +of settling them amicably should be devised. I have reason to believe that +an arrangement can be made on just terms for the extinguishment of the +rights in question, embracing also the right of the Hudsons Bay Company to +the navigation of the river Columbia; and I therefore suggest to your +consideration the expediency of making a contingent appropriation for that +purpose. +</p> + +<p> +France was the early and efficient ally of the United States in their +struggle for independence. From that time to the present, with occasional +slight interruptions, cordial relations of friendship have existed between +the Governments and people of the two countries. The kindly sentiments +cherished alike by both nations have led to extensive social and commercial +intercourse, which I trust will not be interrupted or checked by any casual +event of an apparently unsatisfactory character. The French consul at San +Francisco was not long since brought into the United States district court +at that place by compulsory process as a witness in favor of another +foreign consul, in violation, as the French Government conceives, of his +privileges under our consular convention with France. There being nothing +in the transaction which could imply any disrespect to France or its +consul, such explanation has been made as, I hope, will be satisfactory. +Subsequently misunderstanding arose on the subject of the French Government +having, as it appeared, abruptly excluded the American minister to Spain +from passing through France on his way from London to Madrid. But that +Government has unequivocally disavowed any design to deny the right of +transit to the minister of the United States, and after explanations to +this effect he has resumed his journey and actually returned through France +to Spain. I herewith lay before Congress the correspondence on this subject +between our envoy at Paris and the minister of foreign relations of the +French Government. +</p> + +<p> +The position of our affairs with Spain remains as at the close of the last +session. Internal agitation, assuming very nearly the character of +political revolution, has recently convulsed that country. The late +ministers were violently expelled from power, and men of very different +views in relation to its internal affairs have succeeded. Since this change +there has been no propitious opportunity to resume and press on +negotiations for the adjustment of serious questions of difficulty between +the Spanish Government and the United States. There is reason to believe +that our minister will find the present Government more favorably inclined +than the preceding to comply with our just demands and to make suitable +arrangements for restoring harmony and preserving peace between the two +countries. +</p> + +<p> +Negotiations are pending with Denmark to discontinue the practice of +levying tolls on our vessels and their cargoes passing through the Sound. I +do not doubt that we can claim exemption therefrom as a matter of right. It +is admitted on all hands that this exaction is sanctioned, not by the +general principles of the law of nations, but only by special conventions +which most of the commercial nations have entered into with Denmark. The +fifth article of our treaty of 1826 with Denmark provides that there shall +not be paid on the vessels of the United States and their cargoes when +passing through the Sound higher duties than those of the most favored +nations. This may be regarded as an implied agreement to submit to the +tolls during the continuance of the treaty, and consequently may embarrass +the assertion of our right to be released therefrom. There are also other +provisions in the treaty which ought to be modified. It was to remain in +force for ten years and until one year after either party should give +notice to the other of intention to terminate it. I deem it expedient that +the contemplated notice should be given to the Government of Denmark. +</p> + +<p> +The naval expedition dispatched about two years since for the purpose of +establishing relations with the Empire of Japan has been ably and +skillfully conducted to a successful termination by the officer to whom it +was intrusted. A treaty opening certain of the ports of that populous +country has been negotiated, and in order to give full effect thereto it +only remains to exchange ratifications and adopt requisite commercial +regulations. +</p> + +<p> +The treaty lately concluded between the United States and Mexico settled +some of our most embarrassing difficulties with that country, but numerous +claims upon it for wrongs and injuries to our citizens remained unadjusted, +and many new cases have been recently added to the former list of +grievances. Our legation has been earnest in its endeavors to obtain from +the Mexican Government a favorable consideration of these claims, but +hitherto without success. This failure is probably in some measure to be +ascribed to the disturbed condition of that country. It has been my anxious +desire to maintain friendly relations with the Mexican Republic and to +cause its rights and territories to be respected, not only by our citizens, +but by foreigners who have resorted to the United States for the purpose of +organizing hostile expeditions against some of the States of that Republic. +The defenseless condition in which its frontiers have been left has +stimulated lawless adventurers to embark in these enterprises and greatly +increased the difficulty of enforcing our obligations of neutrality. +Regarding it as my solemn duty to fulfill efficiently these obligations not +only toward Mexico, but other foreign nations, I have exerted all the +powers with which I am invested to defeat such proceedings and bring to +punishment those who by taking a part therein violated our laws. The energy +and activity of our civil and military authorities have frustrated the +designs of those who meditated expeditions of this character except in two +instances. One of these, composed of foreigners, was at first countenanced +and aided by the Mexican Government itself, it having been deceived as to +their real object. The other, small in number, eluded the vigilance of the +magistrates at San Francisco and succeeded in reaching the Mexican +territories; but the effective measures taken by this Government compelled +the abandonment of the undertaking. +</p> + +<p> +The commission to establish the new line between the United States and +Mexico, according to the provisions of the treaty of the 30th of December +last, has been organized, and the work is already commenced. +</p> + +<p> +Our treaties with the Argentine Confederation and with the Republics of +Uruguay and Paraguay secure to us the free navigation of the river La Plata +and some of its larger tributaries, but the same success has not attended +our endeavors to open the Amazon. The reasons in favor of the free use of +that river I had occasion to present fully in a former message, and, +considering the cordial relations which have long existed between this +Government and Brazil, it may be expected that pending negotiations will +eventually reach a favorable result. +</p> + +<p> +Convenient means of transit between the several parts of a country are not +only desirable for the objects of commercial and personal communication, +but essential to its existence under one government. Separated, as are the +Atlantic and Pacific coasts of the United States, by the whole breadth of +the continent, still the inhabitants of each are closely bound together by +community of origin and institutions and by strong attachment to the Union. +Hence the constant and increasing intercourse and vast interchange of +commercial productions between these remote divisions of the Republic. At +the present time the most practicable and only, commodious routes for +communication between them are by the way of the isthmus of Central +America. It is the duty of the Government to secure these avenues against +all danger of interruption. +</p> + +<p> +In relation to Central America, perplexing questions existed between the +United States and Great Britain at the time of the cession of California. +These, as well as questions which subsequently arose concerning +interoceanic communication across the Isthmus, were, as it was supposed, +adjusted by the treaty of April 19, 1850, but, unfortunately, they have +been reopened by serious misunderstanding as to the import of some or its +provisions, a readjustment of which is now under consideration. Our +minister at London has made strenuous efforts to accomplish this desirable +object, but has not yet found it possible to bring the negotiations to a +termination. +</p> + +<p> +As incidental to these questions, I deem it proper to notice an occurrence +which happened in Central America near the close of the last session of +Congress. So soon as the necessity was perceived of establishing +interoceanic communications across the Isthmus a company was organized, +under the authority of the State of Nicaragua, but composed for the most +part of citizens of the United States, for the purpose of opening such a +transit way by the river San Juan and Lake Nicaragua, which soon became an +eligible and much used route in the transportation of our citizens and +their property between the Atlantic and Pacific. Meanwhile, and in +anticipation of the completion and importance of this transit way, a number +of adventurers had taken possession of the old Spanish port at the mouth of +the river San Juan in open defiance of the State or States of Central +America, which upon their becoming independent had rightfully succeeded to +the local sovereignty and jurisdiction of Spain. These adventurers +undertook to change the name of the place from San Juan del Norte to +Greytown, and though at first pretending to act as the subjects of the +fictitious sovereign of the Mosquito Indians, they subsequently repudiated +the control of any power whatever, assumed to adopt a distinct political +organization, and declared themselves an independent sovereign state. If at +some time a faint hope was entertained that they might become a stable and +respectable community, that hope soon vanished. They proceeded to assert +unfounded claims to civil jurisdiction over Punta Arenas, a position on the +opposite side of the river San Juan, which was in possession, under a title +wholly independent of them, of citizens of the United States interested in +the Nicaragua Transit Company, and which was indispensably necessary to the +prosperous operation of that route across the Isthmus. The company resisted +their groundless claims, whereupon they proceeded to destroy some of its +buildings and attempted violently to dispossess it. +</p> + +<p> +At a later period they organized a strong force for the purpose of +demolishing the establishment at Punta Arenas, but this mischievous design +was defeated by the interposition of one of our ships of war at that time +in the harbor of San Juan. Subsequently to this, in May last, a body of men +from Greytown crossed over to Punta Arenas, arrogating authority to arrest +on the charge of murder a captain of one of the steamboats of the Transit +Company. Being well aware that the claim to exercise jurisdiction there +would be resisted then, as it had been on previous occasions, they went +prepared to assert it by force of arms. Our minister to Central America +happened to be present on that occasion. Believing that the captain of the +steamboat was innocent (for he witnessed the transaction on which the +charge was founder), and believing also that the intruding party, having no +jurisdiction over the place where they proposed to make the arrest, would +encounter desperate resistance if they persisted in their purpose, he +interposed, effectually, to prevent violence and bloodshed. The American +minister afterwards visited Greytown, and whilst he was there a mob, +including certain of the so-called public functionaries of the place, +surrounded the house in which he was, avowing that they had come to arrest +him by order of some person exercising the chief authority. While parleying +with them he was wounded by a missile from the crowd. A boat dispatched +from the American steamer Northern Light to release him from the perilous +situation in which he was understood to be was fired into by the town guard +and compelled to return. These incidents, together with the known character +of the population of Greytown and their excited state, induced just +apprehensions that the lives and property of our citizens at Punta Arenas +would be in imminent danger after the departure of the steamer, with her +passengers, for New York, unless a guard was left for their protection. For +this purpose, and in order to insure the safety of passengers and property +passing over the route, a temporary force was organized, at considerable +expense to the United States, for which provision was made at the last +session of Congress. +</p> + +<p> +This pretended community, a heterogeneous assemblage gathered from various +countries, and composed for the most part of blacks and persons of mixed +blood, had previously given other indications of mischievous and dangerous +propensities. Early in the same month property was clandestinely abstracted +from the depot of the Transit Company and taken to Greytown. The plunderers +obtained shelter there and their pursuers were driven back by its people, +who not only protected the wrongdoers and shared the plunder, but treated +with rudeness and violence those who sought to recover their property. +</p> + +<p> +Such, in substance, are the facts submitted to my consideration, and proved +by trustworthy evidence. I could not doubt that the case demanded the +interposition of this Government. Justice required that reparation should +be made for so many and such gross wrongs, and that a course of insolence +and plunder, tending directly to the insecurity of the lives of numerous +travelers and of the rich treasure belonging to our citizens passing over +this transit way, should be peremptorily arrested. Whatever it might be in +other respects, the community in question, in power to do mischief, was not +despicable. It was well provided with ordnance, small arms, and ammunition, +and might easily seize on the unarmed boats, freighted with millions of +property, which passed almost daily within its reach. It did not profess to +belong to any regular government, and had, in fact, no recognized +dependence on or connection with anyone to which the United States or their +injured citizens might apply for redress or which could be held responsible +in any way for the outrages committed. Not standing before the world in the +attitude of an organized political society, being neither competent to +exercise the rights nor to discharge the obligations of a government, it +was, in fact, a marauding establishment too dangerous to be disregarded and +too guilty to pass unpunished, and yet incapable of being treated in any +other way than as a piratical resort of outlaws or a camp of savages +depredating on emigrant trains or caravans and the frontier settlements of +civilized states. +</p> + +<p> +Seasonable notice was given to the people of Greytown that this Government +required them to repair the injuries they had done to our citizens and to +make suitable apology for their insult of our minister, and that a ship of +war would be dispatched thither to enforce compliance with these demands. +But the notice passed unheeded. Thereupon a commander of the Navy, in +charge of the sloop of war Cyane, was ordered to repeat the demands and to +insist upon a compliance therewith. Finding that neither the populace nor +those assuming to have authority over them manifested any disposition to +make the required reparation, or even to offer excuse for their conduct, he +warned them by a public proclamation that if they did not give satisfaction +within a time specified he would bombard the town. By this procedure he +afforded them opportunity to provide for their personal safety. To those +also who desired to avoid loss of property in the punishment about to be +inflicted on the offending town he furnished the means of removing their +effects by the boats of his own ship and of a steamer which he procured and +tendered to them for that purpose. At length, perceiving no disposition on +the part of the town to comply with his requisitions, he appealed to the +commander of Her Britannic Majesty's schooner Bermuda, who was seen to have +intercourse and apparently much influence with the leaders among them, to +interpose and persuade them to take some course calculated to save the +necessity of resorting to the extreme measure indicated in his +proclamation; but that officer, instead of acceding to the request, did +nothing more than to protest against the contemplated bombardment. No steps +of any sort were taken by the people to give the satisfaction required. No +individuals, if any there were, who regarded themselves as not responsible +for the misconduct of the community adopted any means to separate +themselves from the fate of the guilty. The several charges on which the +demands for redress were founded had been publicly known to all for some +time, and were again announced to them. They did not deny any of these +charges; they offered no explanation, nothing in extenuation of their +conduct, but contumaciously refused to hold any intercourse with the +commander of the Cyane. By their obstinate silence they seemed rather +desirous to provoke chastisement than to escape it. There is ample reason +to believe that this conduct of wanton defiance on their part is imputable +chiefly to the delusive idea that the American Government would be deterred +from punishing them through fear of displeasing a formidable foreign power, +which they presumed to think looked with complacency upon their aggressive +and insulting deportment toward the United States. The Cyane at length +fired upon the town. Before much injury had been done the fire was twice +suspended in order to afford opportunity for an arrangement, but this was +declined. Most of the buildings of the place, of little value generally, +were in the sequel destroyed, but, owing to the considerate precautions +taken by our naval commander, there was no destruction of life. +</p> + +<p> +When the Cyane was ordered to Central America, it was confidently hoped and +expected that no occasion would arise for "a resort to violence and +destruction of property and loss of life." Instructions to that effect were +given to her commander; and no extreme act would have been requisite had +not the people themselves, by their extraordinary conduct in the affair, +frustrated all the possible mild measures for obtaining satisfaction. A +withdrawal from the place, the object of his visit entirely defeated, would +under the circumstances in which the commander of the Cyane found himself +have been absolute abandonment of all claim of our citizens for +indemnification and submissive acquiescence in national indignity. It would +have encouraged in these lawless men a spirit of insolence and rapine most +dangerous to the lives and property of our citizens at Punta Arenas, and +probably emboldened them to grasp at the treasures and valuable merchandise +continually passing over the Nicaragua route. It certainly would have been +most satisfactory to me if the objects of the Cyane's mission could have +been consummated without any act of public force, but the arrogant +contumacy of the offenders rendered it impossible to avoid the alternative +either to break up their establishment or to leave them impressed with the +idea that they might persevere with impunity in a career of insolence and +plunder. +</p> + +<p> +This transaction has been the subject of complaint on the part of some +foreign powers, and has been characterized with more of harshness than of +justice. If comparisons were to be instituted, it would not be difficult to +present repeated instances in the history of states standing in the very +front of modern civilization where communities far less offending and more +defenseless than Greytown have been chastised with much greater severity, +and where not cities only have been laid in ruins, but human life has been +recklessly sacrificed and the blood of the innocent made profusely to +mingle with that of the guilty. +</p> + +<p> +Passing from foreign to domestic affairs, your attention is naturally +directed to the financial condition of the country, always a subject of +general interest. For complete and exact information regarding the finances +and the various branches of the public service connected therewith I refer +you to the report of the Secretary of the Treasury, from which it will +appear that the amount of revenue during the last fiscal year from all +sources was $73,549,705, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$51, 018,249. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $24,336,380. To +the sum total of the receipts of that year is to be added a balance +remaining in the Treasury at the commencement thereof, amounting to +$21,942,892; and at the close of the same year a corresponding balance, +amounting to $20,137,967, of receipts above expenditures also remained in +the Treasury. Although, in the opinion of the Secretary of the Treasury, +the receipts of the current fiscal year are not likely to equal in amount +those of the last, yet they will undoubtedly exceed the amount of +expenditures by at least $15,000,000. I shall therefore continue to direct +that the surplus revenue be applied, so far as it can be judiciously and +economically done, to the reduction of the public debt, the amount of which +at the commencement of the last fiscal year was $67,340,628; of which there +had been paid on the 20th day of November, 1854, the sum of $22,365,172, +leaving a balance of outstanding public debt of only $44,975,456, +redeemable at different periods within fourteen years. There are also +remnants of other Government stocks, most of which are already due, and on +which the interest has ceased, but which have not yet been presented for +payment, amounting to $233,179. This statement exhibits the fact that the +annual income of the Government greatly exceeds the amount of its public +debt, which latter remains unpaid only because the time of payment has not +yet matured, and it can not be discharged at once except at the option of +public creditors, who prefer to retain the securities of the United States; +and the other fact, not less striking, that the annual revenue from all +sources exceeds by many millions of dollars the amount needed for a prudent +and economical administration of the Government. +</p> + +<p> +The estimates presented to Congress from the different Executive +Departments at the last session amounted to $38,406,581 and the +appropriations made to the sum of $58,116,958. Of this excess of +appropriations over estimates, however, more than twenty millions was +applicable to extraordinary objects, having no reference to the usual +annual expenditures. Among these objects was embraced ten millions to meet +the third article of the treaty between the United States and Mexico; so +that, in fact, for objects of ordinary expenditure the appropriations were +limited to considerably less than $40,000,000. I therefore renew my +recommendation for a reduction of the duties on imports. The report of the +Secretary of the Treasury presents a series of tables showing the operation +of the revenue system for several successive years; and as the general +principle of reduction of duties with a view to revenue, and not +protection, may now be regarded as the settled policy of the country, I +trust that little difficulty will be encountered in settling the details of +a measure to that effect. +</p> + +<p> +In connection with this subject I recommend a change in the laws, which +recent experience has shown to be essential to the protection of the +Government. There is no express provision of law requiring the records and +papers of a public character of the several officers of the Government to +be left in their offices for the use of their successors, nor any provision +declaring it felony on their part to make false entries in the books or +return false accounts. In the absence of such express provision by law, the +outgoing officers in many instances have claimed and exercised the right to +take into their own possession important books and papers, on the ground +that these were their private property, and have placed them beyond the +reach of the Government. Conduct of this character, brought in several +instances to the notice of the present Secretary of the Treasury, naturally +awakened his suspicion, and resulted in the disclosure that at four +ports--namely, Oswego, Toledo, Sandusky, and Milwaukee--the Treasury had, +by false entries, been defrauded within the four years next preceding +March, 1853, of the sum of $198,000. The great difficulty with which the +detection of these frauds has been attended, in consequence of the +abstraction of books and papers by the retiring officers, and the facility +with which similar frauds in the public service may be perpetrated render +the necessity of new legal enactments in the respects above referred to +quite obvious. For other material modifications of the revenue laws which +seem to me desirable, I refer you to the report of the Secretary of the +Treasury. That report and the tables which accompany it furnish ample +proofs of the solid foundation on which the financial security of the +country rests and of the salutary influence of the independent-treasury +system upon commerce and all monetary operations. +</p> + +<p> +The experience of the last year furnishes additional reasons, I regret to +say, of a painful character, for the recommendation heretofore made to +provide for increasing the military force employed in the Territory +inhabited by the Indians. The settlers-on the frontier have suffered much +from the incursions of predatory bands, and large parties of emigrants to +our Pacific possessions have been massacred with impunity. The recurrence +of such scenes can only be prevented by teaching these wild tribes the +power of and their responsibility to the United States. From the garrisons +of our frontier posts it is only possible to detach troops in small bodies; +and though these have on all occasions displayed a gallantry and a stern +devotion to duty which on a larger field would have commanded universal +admiration, they have usually suffered severely in these conflicts with +superior numbers, and have sometimes been entirely sacrificed. All the +disposable force of the Army is already employed on this service, and is +known to be wholly inadequate to the protection which should be afforded. +The public mind of the country has been recently shocked by savage +atrocities committed upon defenseless emigrants and border settlements, and +hardly less by the unnecessary destruction of valuable lives where +inadequate detachments of troops have undertaken to furnish the needed aid. +Without increase of the military force these scenes will be repeated, it is +to be feared, on a larger scale and with more disastrous consequences. +Congress, I am sure, will perceive that the plainest duties and +responsibilities of Government are involved in this question, and I doubt +not that prompt action may be confidently anticipated when delay must be +attended by such fearful hazards. +</p> + +<p> +The bill of the last session providing for an increase of the pay of the +rank and file of the Army has had beneficial results, not only in +facilitating enlistments, but in obvious improvement in the class of men +who enter the service. I regret that corresponding consideration was not +bestowed on the officers, who, in view of their character and services and +the expenses to which they are necessarily subject, receive at present what +is, in my judgment, inadequate compensation. +</p> + +<p> +The valuable services constantly rendered by the Army and its inestimable +importance as the nucleus around which the volunteer forces of the nation +can promptly gather in the hour of danger, sufficiently attest the wisdom +of maintaining a military peace establishment; but the theory of our system +and the wise practice under it require that any proposed augmentation in +time of peace be only commensurate with our extended limits and frontier +relations. While scrupulously adhering to this principle, I find in +existing circumstances a necessity for increase of our military force, and +it is believed that four new regiments, two of infantry and two of mounted +men, will be sufficient to meet the present exigency. If it were necessary +carefully to weigh the cost in a case of such urgency, it would be shown +that the additional expense would be comparatively light. +</p> + +<p> +With the increase of the numerical force of the Army should, I think, be +combined certain measures of reform in its organic arrangement and +administration. The present organization is the result of partial +legislation often directed to special objects and interests; and the laws +regulating rank and command, having been adopted many years ago from the +British code, are not always applicable to our service. It is not +surprising, therefore, that the system should be deficient in the symmetry +and simplicity essential to the harmonious working of its several parts, +and require a careful revision. +</p> + +<p> +The present organization, by maintaining large staff corps or departments, +separates many officers from that close connection with troops and those +active duties in the field which are deemed requisite to qualify them for +the varied responsibilities of high command. Were the duties of the Army +staff mainly discharged by officers detached from their regiments, it is +believed that the special service would be equally well performed and the +discipline and instruction of the Army be improved. While due regard to the +security of the rights of officers and to the nice sense of honor which +should be cultivated among them would seem to exact compliance with the +established rule of promotion in ordinary cases, still it can hardly be +doubted that the range of promotion by selection, which is now practically +confined to the grade of general officers, might be somewhat extended with +benefit to the public service. Observance of the rule of seniority +sometimes leads, especially in time of peace, to the promotion of officers +who, after meritorious and even distinguished service, may have been +rendered by age or infirmity incapable of performing active duty, and whose +advancement, therefore, would tend to impair the efficiency of the Army. +Suitable provision for this class of officers, by the creation of a retired +list, would remedy the evil without wounding the just pride of men who by +past services have established a claim to high consideration. In again +commending this measure to the favorable consideration of Congress I would +suggest that the power of placing officers on the retired list be limited +to one year. The practical operation of the measure would thus be tested, +and if after the lapse of years there should be occasion to renew the +provision it can be reproduced with any improvements which experience may +indicate. The present organization of the artillery into regiments is +liable to obvious objections. The service of artillery is that of +batteries, and an organization of batteries into a corps of artillery would +be more consistent with the nature of their duties. A large part of the +troops now called artillery are, and have been, on duty as infantry, the +distinction between the two arms being merely nominal. This nominal +artillery in our service is disproportionate to the whole force and greater +than the wants of the country demand. I therefore commend the +discontinuance of a distinction which has no foundation in either the arms +used or the character of the service expected to be performed. +</p> + +<p> +In connection with the proposition for the increase of the Army, I have +presented these suggestions with regard to certain measures of reform as +the complement of a system which would produce the happiest results from a +given expenditure, and which, I hope, may attract the early attention and +be deemed worthy of the approval of Congress. +</p> + +<p> +The recommendation of the Secretary of the Navy having reference to more +ample provisions for the discipline and general improvement in the +character of seamen and for the reorganization and gradual increase of the +Navy I deem eminently worthy of your favorable consideration. The +principles which have controlled our policy in relation to the permanent +military force by sea and land are sound, consistent with the theory of our +system, and should by no means be disregarded. But, limiting the force to +the objects particularly set forth in the preceding part of this message, +we should not overlook the present magnitude and prospective extension of +our commercial marine, nor fail to give due weight to the fact that besides +the 2,000 miles of Atlantic seaboard we have now a Pacific coast stretching +from Mexico to the British possessions in the north, teeming with wealth +and enterprise and demanding the constant presence of ships of war. The +augmentation of the Navy has not kept pace with the duties properly and +profitably assigned to it in time of peace, and it is inadequate for the +large field of its operations, not merely in the present, but still more in +the progressively increasing exigencies of the commerce of the United +States. I cordially approve of the proposed apprentice system for our +national vessels recommended by the Secretary of the Navy. The occurrence +during the last few months of marine disasters of the most tragic nature, +involving great loss of human life, has produced intense emotions of +sympathy and sorrow throughout the country. It may well be doubted whether +all these calamitous events are wholly attributable to the necessary and +inevitable dangers of the sea. The merchants, mariners, and shipbuilders of +the United States are, it is true, unsurpassed in far-reaching enterprise, +skill, intelligence, and courage by any others in the world. But with the +increasing amount of our commercial tonnage in the aggregate and the larger +size and improved equipment of the ships now constructed a deficiency in +the supply of reliable seamen begins to be very seriously felt. The +inconvenience may perhaps be met in part by due regulation for the +introduction into our merchant ships of indented apprentices, which, while +it would afford useful and eligible occupation to numerous young men, would +have a tendency to raise the character of seamen as a class. And it is +deserving of serious reflection whether it may not be desirable to revise +the existing laws for the maintenance of discipline at sea, upon which the +security of life and property on the ocean must to so great an extent +depend. Although much attention has already been given by Congress to the +proper construction and arrangement of steam vessels and all passenger +ships, still it is believed that the resources of science and mechanical +skill in this direction have not been exhausted. No good reason exists for +the marked distinction which appears upon our statutes between the laws for +protecting life and property at sea and those for protecting them on land. +In most of the States severe penalties are provided to punish conductors of +trains, engineers, and others employed in the transportation of persons by +railway or by steamboats on rivers. Why should not the same principle be +applied to acts of insubordination, cowardice, or other misconduct on the +part of masters and mariners producing injury or death to passengers on the +high seas, beyond the jurisdiction of any of the States, and where such +delinquencies can be reached only by the power of Congress? The whole +subject is earnestly commended to your consideration. +</p> + +<p> +The report of the Postmaster-General, to which you are referred for many +interesting details in relation to this important and rapidly extending +branch of the public service, shows that the expenditure of the year ending +June 30, 1854, including $133,483 of balance due to foreign offices, +amounted to $8,710,907. The gross receipts during the same period amounted +to $6,955,586, exhibiting an expenditure over income of $1,755,321 and a +diminution of deficiency as compared with the last year of $361,756. The +increase of the revenue of the Department for the year ending June 30, +1854, over the preceding year was $970,399. No proportionate increase, +however, can be anticipated for the current year, in consequence of the act +of Congress of June 23, 1854, providing for increased compensation to all +postmasters. From these statements it is apparent that the Post-Office +Department, instead of defraying its expenses according to the design at +the time of its creation, is now, and under existing laws must continue to +be, to no small extent a charge upon the general Treasury. The cost of mail +transportation during the year ending June 30, 1854, exceeds the cost of +the preceding year by $495,074. I again call your attention to the subject +of mail transportation by ocean steamers, and commend the suggestions of +the Postmaster General to your early attention. +</p> + +<p> +During the last fiscal year 11,070,935 acres of the public lands have been +surveyed and 8,190,017 acres brought into market. The number of acres sold +is 7,035,735 and the amount received therefor $9,285,533. The aggregate +amount of lands sold, located under military scrip and land warrants, +selected as swamp lands by States, and by locating under grants for roads +is upward of 23,000,000 acres. The increase of lands sold over the previous +year is about 6,000,000 acres, and the sales during the first two quarters +of the current year present the extraordinary result of five and a half +millions sold, exceeding by nearly 4,000,000 acres the sales of the +corresponding quarters of the last year. +</p> + +<p> +The commendable policy of the Government in relation to setting apart +public domain for those who have served their country in time of war is +illustrated by the fact that since 1790 no less than 30,000,000 acres have +been applied to this object. +</p> + +<p> +The suggestions which I submitted in my annual message of last year in +reference to grants of land in aid of the construction of railways were +less full and explicit than the magnitude of the subject and subsequent +developments would seem to render proper and desirable. Of the soundness of +the principle then asserted with regard to the limitation of the power of +Congress I entertain no doubt, but in its application it is not enough that +the value of lands in a particular locality may be enhanced; that, in fact, +a larger amount of money may probably be received in a given time for +alternate sections than could have been realized for all the sections +without the impulse and influence of the proposed improvements. A prudent +proprietor looks beyond limited sections of his domain, beyond present +results to the ultimate effect which a particular line of policy is likely +to produce upon all his possessions and interests. The Government, which is +trustee in this matter for the people of the States, is bound to take the +same wise and comprehensive view. Prior to and during the last session of +Congress upward of 30,000,000 acres of land were withdrawn from public sale +with a view to applications for grants of this character pending before +Congress. A careful review of the whole subject led me to direct that all +such orders be abrogated and the lands restored to market, and instructions +were immediately given to that effect. The applications at the last session +contemplated the construction of more than 5,000 miles of road and grants +to the amount of nearly 20,000,000 acres of the public domain. Even +admitting the right on the part of Congress to be unquestionable, is it +quite clear that the proposed grants would be productive of good, and not +evil? The different projects are confined for the present to eleven States +of this Union and one Territory. The reasons assigned for the grants show +that it is proposed to put the works speedily in process of construction. +When we reflect that since the commencement of the construction of railways +in the United States, stimulated, as they have been, by the large dividends +realized from the earlier works over the great thoroughfares and between +the most important points of commerce and population, encouraged by State +legislation, and pressed forward by the amazing energy of private +enterprise, only 17,000 miles have been completed in all the States in a +quarter of a century; when we see the crippled condition of many works +commenced and prosecuted upon what were deemed to be sound principles and +safe calculations; when we contemplate the enormous absorption of capital +withdrawn from the ordinary channels of business, the extravagant rates of +interest at this moment paid to continue operations, the bankruptcies, not +merely in money but in character, and the inevitable effect upon finances +generally, can it be doubted that the tendency is to run to excess in this +matter? Is it wise to augment this excess by encouraging hopes of sudden +wealth expected to flow from magnificent schemes dependent upon the action +of Congress? Does the spirit which has produced such results need to be +stimulated or checked? Is it not the better rule to leave all these works +to private enterprise, regulated and, when expedient, aided by the +cooperation of States? If constructed by private capital the stimulant and +the check go together and furnish a salutary restraint against speculative +schemes and extravagance. But it is manifest that with the most effective +guards there is danger of going too fast and too far. We may well pause +before a proposition contemplating a simultaneous movement for the +construction of railroads which in extent will equal, exclusive of the +great Pacific road and all its branches, nearly one-third of the entire +length of such works now completed in the United States, and which can not +cost with equipments less than $150,000,000. The dangers likely to result +from combinations of interests of this character can hardly be +overestimated. But independently of these considerations, where is the +accurate knowledge, the comprehensive intelligence, which shall +discriminate between the relative claims of these twenty eight proposed +roads in eleven States and one Territory? Where will you begin and where +end? If to enable these companies to execute their proposed works it is +necessary that the aid of the General Government be primarily given, the +policy will present a problem so comprehensive in its bearings and so +important to our political and social well-being as to claim in +anticipation the severest analysis. Entertaining these views, I recur with +satisfaction to the experience and action of the last session of Congress +as furnishing assurance that the subject will not fail to elicit a careful +reexamination and rigid scrutiny. It was my intention to present on this +occasion some suggestions regarding internal improvements by the General +Government, which want of time at the close of the last session prevented +my submitting on the return to the House of Representatives with objections +of the bill entitled "An act making appropriations for the repair, +preservation, and completion of certain public works heretofore commenced +under the authority of law;" but the space in this communication already +occupied with other matter of immediate public exigency constrains me to +reserve that subject for a special message, which will be transmitted to +the two Houses of Congress at an early day. The judicial establishment of +the United States requires modification, and certain reforms in the manner +of conducting the legal business of the Government are also much needed; +but as I have addressed you upon both of these subjects at length before, I +have only to call your attention to the suggestions then made. +</p> + +<p> +My former recommendations in relation to suitable provision for various +objects of deep interest to the inhabitants of the District of Columbia are +renewed. Many of these objects partake largely of a national character, and +are important independently of their relation to the prosperity of the only +considerable organized community in the Union entirely unrepresented in +Congress. +</p> + +<p> +I have thus presented suggestions on such subjects as appear to me to be of +particular interest or importance, and therefore most worthy of +consideration during the short remaining period allotted to the labors of +the present Congress. +</p> + +<p> +Our forefathers of the thirteen united colonies, in acquiring their +independence and in rounding this Republic of the United States of America, +have devolved upon us, their descendants, the greatest and the most noble +trust ever committed to the hands of man, imposing upon all, and especially +such as the public will may have invested for the time being with political +functions, the most sacred obligations. We have to maintain inviolate the +great doctrine of the inherent right of popular self-government; to +reconcile the largest liberty of the individual citizen with complete +security of the public order; to render cheerful obedience to the laws of +the land, to unite in enforcing their execution, and to frown indignantly +on all combinations to resist them; to harmonize a sincere and ardent +devotion to the institutions of religions faith with the most universal +religious toleration; to preserve the rights of all by causing each to +respect those of the other; to carry forward every social improvement to +the uttermost limit of human perfectibility, by the free action of mind +upon mind, not by the obtrusive intervention of misapplied force; to uphold +the integrity and guard the limitations of our organic law; to preserve +sacred from all touch of usurpation, as the very palladium of our political +salvation, the reserved rights and powers of the several States and of the +people; to cherish with loyal fealty and devoted affection this Union, as +the only sure foundation on which the hopes of civil liberty rest; to +administer government with vigilant integrity and rigid economy; to +cultivate peace and friendship with foreign nations, and to demand and +exact equal justice from all, but to do wrong to none; to eschew +intermeddling with the national policy and the domestic repose of other +governments, and to repel it from our own; never to shrink from war when +the rights and the honor of the country call us to arms, but to cultivate +in preference the arts of peace, seek enlargement of the rights of +neutrality, and elevate and liberalize the intercourse of nations; and by +such just and honorable means, and such only, whilst exalting the condition +of the Republic, to assure to it the legitimate influence and the benign +authority of a great example amongst all the powers of Christendom. +</p> + +<p> +Under the solemnity of these convictions the blessing of Almighty God is +earnestly invoked to attend upon your deliberations and upon all the +counsels and acts of the Government, to the end that, with common zeal and +common efforts, we may, in humble submission to the divine will, cooperate +for the promotion of the supreme good of these United States. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1855"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +Franklin Pierce<br /> +December 31, 1855<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</p> + +<p> +The Constitution of the United States provides that Congress shall assemble +annually on the first Monday of December, and it has been usual for the +President to make no communication of a public character to the Senate and +House of Representatives until advised of their readiness to receive it. I +have deferred to this usage until the close of the first month of the +session, but my convictions of duty will not permit me longer to postpone +the discharge of the obligation enjoined by the Constitution upon the +President "to give to the Congress information of the state of the Union +and recommend to their consideration such measures as he shall judge +necessary and expedient." It is matter of congratulation that the Republic +is tranquilly advancing in a career of prosperity and peace. +</p> + +<p> +Whilst relations of amity continue to exist between the United States and +all foreign powers, with some of them grave questions are depending which +may require the consideration of Congress. +</p> + +<p> +Of such questions, the most important is that which has arisen out of the +negotiations with Great Britain in reference to Central America. By the +convention concluded between the two Governments on the 19th of April, +1850, both parties covenanted that "neither will ever" "occupy, or fortify, +or colonize, or assume or exercise any dominion over Nicaragua. Costa Rica, +the Mosquito Coast, or any part of Central America." +</p> + +<p> +It was the undoubted understanding of the United States in making this +treaty that all the present States of the former Republic of Central +America and the entire territory of each would thenceforth enjoy complete +independence, and that both contracting parties engaged equally and to the +same extent, for the present and, for the future, that if either then had +any claim of right in Central America such claim and all occupation or +authority under it were unreservedly relinquished by the stipulations of +the convention, and that no dominion was thereafter to be exercised or +assumed in any part of Central America by Great Britain or the United +States. +</p> + +<p> +This Government consented to restrictions in regard to a region of country +wherein we had specific and peculiar interests only upon the conviction +that the like restrictions were in the same sense obligatory on Great +Britain. But for this understanding of the force and effect of the +convention it would never have been concluded by us. +</p> + +<p> +So clear was this understanding on the part of the United States that in +correspondence contemporaneous with the ratification of the convention it +was distinctly expressed that the mutual covenants of nonoccupation were +not intended to apply to the British establishment at the Balize. This +qualification is to be ascribed to the fact that, in virtue of successive +treaties with previous sovereigns of the country, Great Britain had +obtained a concession of the right to cut mahogany or dyewoods at the +Balize, but with positive exclusion of all domain or sovereignty; and thus +it confirms the natural construction and understood import of the treaty as +to all the rest of the region to which the stipulations applied. +</p> + +<p> +It, however, became apparent at an early day after entering upon the +discharge of my present functions that Great Britain still continued in the +exercise or assertion of large authority in all that part of Central +America commonly called the Mosquito Coast, and covering the entire length +of the State of Nicaragua and a part of Costa Rica; that she regarded the +Balize as her absolute domain and was gradually extending its limits at the +expense of the State of Honduras, and, that she had formally colonized a +considerable insular group known as the Bay Islands, and belonging of right +to that State. +</p> + +<p> +All these acts or pretensions of Great Britain, being contrary to the +rights of the States of Central America and to the manifest tenor of her +stipulations with the United States as understood by this Government, have +been made the subject of negotiation through the American minister in +London. I transmit herewith the instructions to him on the subject and the +correspondence between him and the British secretary for foreign affairs, +by which you will perceive that the two Governments differ widely and +irreconcilably as to the construction of the convention and its effect on +their respective relations to Central America. +</p> + +<p> +Great Britain so construes the convention as to maintain unchanged all her +previous pretensions over the Mosquito Coast and in different parts of +Central America. These pretensions as to the Mosquito Coast are founded on +the assumption of political relation between Great Britain and the remnant +of a tribe of Indians on that coast, entered into at a time when the whole +country was a colonial possession of Spain. It can not be successfully +controverted that by the public law of Europe and America no possible act +of such Indians or their predecessors could confer on Great Britain any +political rights. +</p> + +<p> +Great Britain does not allege the assent of Spain as the origin of her +claims on the Mosquito Coast. She has, on the contrary, by repeated and +successive treaties renounced and relinquished all pretensions of her own +and recognized the full and sovereign rights of Spain in the most +unequivocal terms. Yet these pretensions, so without solid foundation in +the beginning and thus repeatedly abjured, were at a recent period revived +by Great Britain against the Central American States, the legitimate +successors to all the ancient jurisdiction of Spain in that region. They +were first applied only to a defined part of the coast of Nicaragua, +afterwards to the whole of its Atlantic coast, and lastly to a part of the +coast of Costa Rica, and they are now reasserted to this extent +notwithstanding engagements to the United States. +</p> + +<p> +On the eastern coast of Nicaragua and Costa Rica the interference of Great +Britain, though exerted at one time in the form of military occupation of +the port of San Juan del Norte, then in the peaceful possession of the +appropriate authorities of the Central American States, is now presented by +her as the rightful exercise of a protectorship over the Mosquito tribe of +Indians. +</p> + +<p> +But the establishment at the Balize, now reaching far beyond its treaty +limits into the State of Honduras, and that of the Bay Islands, +appertaining of right to the same State, are as distinctly colonial +governments as those of Jamaica or Canada, and therefore contrary to the +very letter, as well as the spirit, of the convention with the United +States as it was at the time of ratification and now is understood by this +Government. +</p> + +<p> +The interpretation which the British Government thus, in assertion and act, +persists in ascribing to the convention entirely changes its character. +While it holds us to all our obligations, it in a great measure releases +Great Britain from those which constituted the consideration of this +Government for entering into the convention. It is impossible, in my +judgment, for the United States to acquiesce in such a construction of the +respective relations of the two Governments to Central America. +</p> + +<p> +To a renewed call by this Government upon Great Britain to abide by and +Carry into effect the stipulations of the convention according to its +obvious import by withdrawing from the possession or colonization of +portions of the Central American States of Honduras, Nicaragua, and Costa +Rica, the British Government has at length replied, affirming that the +operation of the treaty is prospective only and did not require Great +Britain to abandon or contract any possessions held by her in Central +America at the date of its conclusion. +</p> + +<p> +This reply substitutes a partial issue in the place of the general one +presented by the United States. The British Government passes over the +question of the rights of Great Britain, real or supposed, in Central +America, and assumes that she had such rights at the date of the treaty and +that those rights comprehended the protectorship of the Mosquito Indians, +the extended jurisdiction and limits of the Balize, and the colony of the +Bay Islands, and thereupon proceeds by implication to infer that if the +stipulations of the treaty be merely future in effect Great Britain may +still continue to hold the contested portions of Central America. The +United States can not admit either the inference or the premises. We +steadily deny that at the date of the treaty Great Britain had any +possessions there other than the limited and peculiar establishment at the +Balize, and maintain that if she had any they were surrendered by the +convention. +</p> + +<p> +This Government, recognizing the obligations of the treaty, has, of course, +desired to see it executed in good faith by both parties, and in the +discussion, therefore, has not looked to rights which we might assert +independently of the treaty in consideration of our geographical position +and of other circumstances which create for us relations to the Central +American States different from those of any government of Europe. The +British Government, in its last communication, although well knowing the +views of the United States, still declares that it sees no reason why a +conciliatory spirit may not enable the two Governments to overcome all +obstacles to a satisfactory adjustment of the subject. +</p> + +<p> +Assured of the correctness of the construction of the treaty constantly +adhered to by this Government and resolved to insist on the rights of the +United States, yet actuated also by the same desire which is avowed by the +British Government, to remove all causes of serious misunderstanding +between two nations associated by so many ties of interest and kindred, it +has appeared to me proper not to consider an amicable solution of the +controversy hopeless. +</p> + +<p> +There is, however, reason to apprehend that with Great Britain in the +actual occupation of the disputed territories, and the treaty therefore +practically null so far as regards our rights, this international +difficulty can not long remain undetermined without involving in serious +danger the friendly relations which it is the interest as well as the duty +of both countries to cherish and preserve. It will afford me sincere +gratification if future efforts shall result in the success anticipated +heretofore with more confidence than the aspect of the case permits me now +to entertain. +</p> + +<p> +One other subject of discussion between the United States and Great Britain +has grown out of the attempt, which the exigencies of the war in which she +is engaged with Russia induced her to make, to draw recruits from the +United States. +</p> + +<p> +It is the traditional and settled policy of the United States to maintain +impartial neutrality during the wars which from time to time occur among +the great powers of the world. Performing all the duties of neutrality +toward the respective belligerent states, we may reasonably expect them not +to interfere with our lawful enjoyment of its benefits. Notwithstanding the +existence of such hostilities, our citizens retained the individual right +to continue all their accustomed pursuits, by land or by sea, at home or +abroad, subject only to such restrictions in this relation as the laws of +war, the usage of nations, or special treaties may impose; and it is our +sovereign right that our territory and jurisdiction shall not be invaded by +either of the belligerent parties for the transit of their armies, the +operations of their fleets, the levy of troops for their service, the +fitting out of cruisers by or against either, or any other act or incident +of war. And these undeniable rights of neutrality, individual and national, +the United States will under no circumstances surrender. +</p> + +<p> +In pursuance of this policy, the laws of the United States do not forbid +their citizens to sell to either of the belligerent powers articles +contraband of war or take munitions of war or soldiers on board their +private ships for transportation; and although in so doing the individual +citizen exposes his property or person to some of the hazards of war, his +acts do not involve any breach of national neutrality nor of themselves +implicate the Government. Thus, during the progress of the present war in +Europe, our citizens have, without national responsibility therefor, sold +gunpowder and arms to all buyers, regardless of the destination of those +articles. Our merchantmen have been, and still continue to be, largely +employed by Great Britain and by France in transporting troops, provisions, +and munitions of war to the principal seat of military operations and in +bringing home their sick and wounded soldiers; but such use of our +mercantile marine is not interdicted either by the international or by our +municipal law, and therefore does not compromise our neutral relations with +Russia. But our municipal law, in accordance with the law of nations, +peremptorily forbids not only foreigners, but our own citizens, to fit out +within the United States a vessel to commit hostilities against any state +with which the United States are at peace, or to increase the force of any +foreign armed vessel intended for such hostilities against a friendly +state. +</p> + +<p> +Whatever concern may have been felt by either of the belligerent powers +lest private armed cruisers or other vessels in the service of one might be +fitted out in the ports of this country to depredate on the property of the +other, all such fears have proved to be utterly groundless. Our citizens +have been withheld from any such act or purpose by good faith and by +respect for the law. +</p> + +<p> +While the laws of the Union are thus peremptory in their prohibition of the +equipment or armament of belligerent cruisers in our ports, they provide +not less absolutely that no person shall, within the territory or +jurisdiction of the United States, enlist or enter himself, or hire or +retain another person to enlist or enter himself, or to go beyond the +limits or jurisdiction of the United States with intent to be enlisted or +entered, in the service of any foreign state, either as a soldier or as a +marine or seaman on board of any vessel of war, letter of marque, or +privateer. And these enactments are also in strict conformity with the law +of nations, which declares that no state has the right to raise troops for +land or sea service in another state without its consent, and that, whether +forbidden by the municipal law or not, the very attempt to do it without +such consent is an attack on the national sovereignty. +</p> + +<p> +Such being the public rights and the municipal law of the United States, no +solicitude on the subject was entertained by this Government when, a year +since, the British Parliament passed an act to provide for the enlistment +of foreigners in the military service of Great Britain. Nothing on the face +of the act or in its public history indicated that the British Government +proposed to attempt recruitment in the United States, nor did it ever give +intimation of such intention to this Government. It was matter of surprise, +therefore, to find subsequently that the engagement of persons within the +United States to proceed to Halifax, in the British Province of Nova +Scotia, and there enlist in the service of Great Britain, was going on +extensively, with little or no disguise. Ordinary legal steps were +immediately taken to arrest and punish parties concerned, and so put an end +to acts infringing the municipal law and derogatory to our sovereignty. +Meanwhile suitable representations on the subject were addressed to the +British Government. +</p> + +<p> +Thereupon it became known, by the admission of the British Government +itself, that the attempt to draw recruits from this country originated with +it, or at least had its approval and sanction; but it also appeared that +the public agents engaged in it had "stringent instructions" not to violate +the municipal law of the United States. +</p> + +<p> +It is difficult to understand how it should have been supposed that troops +could be raised here by Great Britain without violation of the municipal +law. The unmistakable object of the law was to prevent every such act which +if performed must be either in violation of the law or in studied evasion +of it, and in either alternative the act done would be alike injurious to +the sovereignty of the United States. In the meantime the matter acquired +additional importance by the recruitments in the United States not being +discontinued, and the disclosure of the fact that they were prosecuted upon +a systematic plan devised by official authority; that recruiting rendezvous +had been opened in our principal cities and depots for the reception of +recruits established on our frontier, and the whole business conducted +under the supervision and by the regular cooperation of British officers, +civil and military, some in the North American Provinces and some in the +United States. The complicity of those officers in an undertaking which +could only be accomplished by defying our laws, throwing suspicion over our +attitude of neutrality, and disregarding our territorial rights is +conclusively proved by the evidence elicited on the trial of such of their +agents as have been apprehended and convicted. Some of the officers thus +implicated are of high official position, and many of them beyond our +jurisdiction, so that legal proceedings could not reach the source of the +mischief. +</p> + +<p> +These considerations, and the fact that the cause of complaint was not a +mere casual occurrence, trot a deliberate design, entered upon with full +knowledge of our laws and national policy and conducted by responsible +public functionaries, impelled me to present the case to the British +Government, in order to secure not only a cessation of the, wrong, but its +reparation. The subject is still under discussion, the result of which will +be communicated to you in due time. +</p> + +<p> +I repeat the recommendation submitted to the last Congress, that provision +be made for the appointment of a commissioner, in connection with Great +Britain, to survey and establish the boundary line which divides the +Territory of Washington from the contiguous British possessions. By reason +of the extent and importance of the country in dispute, there has been +imminent danger of collision between the subjects of Great Britain and the +citizens of the United States, including their respective authorities, in +that quarter. The prospect of a speedy arrangement has contributed hitherto +to induce on both sides forbearance to assert by force what each claims as +a right. Continuance of delay on the part of the two Governments to act in +the matter will increase the dangers and difficulties of the controversy. +</p> + +<p> +Misunderstanding exists as to the extent, character, and value of the +possessory rights of the Hudsons Bay Company and the property of the Pugets +Sound Agricultural Company reserved in our treaty with Great Britain +relative to the Territory of Oregon. I have reason to believe that a +cession of the rights of both companies to the United States, which would +be the readiest means of terminating all questions, can be obtained on +reasonable terms, and with a view to this end I present the subject to the +attention of Congress. +</p> + +<p> +The colony of Newfoundland, having enacted the laws required by the treaty +of the 5th of June, 1854, is now placed on the same footing in respect to +commercial intercourse with the United States as the other British North +American Provinces. +</p> + +<p> +The commission which that treaty contemplated, for determining the rights +of fishery in rivers and mouths of rivers on the coasts of the United +States and the British North American Provinces, has been organized, and +has commenced its labors, to complete which there are needed further +appropriations for the service of another season. +</p> + +<p> +In pursuance of the authority conferred by a resolution of the Senate of +the United States passed on the 3d of March last, notice was given to +Denmark on the 14th day of April of the intention of this Government to +avail itself of the stipulation of the subsisting convention of friendship, +commerce, and navigation between that Kingdom and the United States whereby +either party might after ten years terminate the same at the expiration of +one year from the date of notice for that purpose. +</p> + +<p> +The considerations which led me to call the attention of Congress to that +convention and induced the Senate to adopt the resolution referred to still +continue in full force. The convention contains an article which, although +it does not directly engage the United States to submit to the imposition +of tolls on the vessels and cargoes of Americans passing into or from the +Baltic Sea during the continuance of the treaty, yet may by possibility be +construed as implying such submission. The exaction of those tolls not +being justified by any principle of international law, it became the right +and duty of the United States to relieve themselves from the implication of +engagement on the subject, so as to be perfectly free to act in the +premises in such way as their public interests and honor shall demand. +</p> + +<p> +I remain of the opinion that the United States ought not to submit to the +payment of the Sound dues, not so much because of their amount, which is a +secondary matter, but because it is in effect the recognition of the right +of Denmark to treat one of the great maritime highways of nations as a +close sea, and prevent the navigation of it as a privilege, for which +tribute may be imposed upon those who have occasion to use it. +</p> + +<p> +This Government on a former occasion, not unlike the present, signalized +its determination to maintain the freedom of the seas and of the great +natural channels of navigation. The Barbary States had for a long time +coerced the payment of tribute from all nations whose ships frequented the +Mediterranean. To the last demand of such payment made by them the United +States, although suffering less by their depredations than many other +nations, returned the explicit answer that we preferred war to tribute, and +thus opened the way to the relief of the commerce of the world from an +ignominious tax, so long submitted to by the more powerful nations of +Europe. +</p> + +<p> +If the manner of payment of the Sound dues differ from that of the tribute +formerly conceded to the Barbary States, still their exaction by Denmark +has no better foundation in right. Each was in its origin nothing but a tax +on a common natural right, extorted by those who were at that time able to +obstruct the free and secure enjoyment of it, but who no longer possess +that power. +</p> + +<p> +Denmark, while resisting our assertion of the freedom of the Baltic Sound +and Belts, has indicated a readiness to make some new arrangement on the +subject, and has invited the governments interested, including the United +States, to be represented in a convention to assemble for the purpose of +receiving and considering a proposition which she intends to submit for the +capitalization of the Sound dues and the distribution of the sum to be paid +as commutation among the governments according to the respective +proportions of their maritime commerce to and from the Baltic. I have +declined, in behalf of the United States, to accept this invitation, for +the most cogent reasons. One is that Denmark does not offer to submit to +the convention the question of her right to levy the Sound dues. The second +is that if the convention were allowed to take cognizance of that +particular question, still it would not be competent to deal with the great +international principle involved, which affects the right in other cases of +navigation and commercial freedom, as well as that of access to the Baltic. +Above all, by the express terms of the proposition it is contemplated that +the consideration of the Sound dues shall be commingled with and made +subordinate to a matter wholly extraneous--the balance of power among the +Governments of Europe. +</p> + +<p> +While, however, rejecting this proposition and insisting on the right of +free transit into and from the Baltic, I have expressed to Denmark a +willingness on the part of the United States to share liberally with other +powers in compensating her for any advantages which commerce shall +hereafter derive from expenditures made by her for the improvement and +safety of the navigation of the Sound or Belts. +</p> + +<p> +I lay before you herewith sundry documents on the subject, in which my +views are more fully disclosed. Should no satisfactory arrangement be soon +concluded, I shall again call your attention to the subject, with +recommendation of such measures as may appear to be required in order to +assert and secure the rights of the United States, so far as they are +affected by the pretensions of Denmark. +</p> + +<p> +I announce with much gratification that since the adjournment of the last +Congress the question then existing between this Government and that of +France respecting the French consul at San Francisco has been +satisfactorily determined, and that the relations of the two Governments +continue to be of the most friendly nature. +</p> + +<p> +A question, also, which has been pending for several years between the +United States and the Kingdom of Greece, growing out of the sequestration +by public authorities of that country of property belonging to the present +American consul at Athens, and which had been the subject of very earnest +discussion heretofore, has recently been settled to the satisfaction of the +party interested and of both Governments. +</p> + +<p> +With Spain peaceful relations are still maintained, and some progress has +been made in securing the redress of wrongs complained of by this +Government. Spain has not only disavowed and disapproved the conduct of the +officers who illegally seized and detained the steamer Black Warrior at +Havana, but has also paid the sum claimed as indemnity for the loss thereby +inflicted on citizens of the United States. +</p> + +<p> +In consequence of a destructive hurricane which visited Cuba in 1844, the +supreme authority of that island issued a decree permitting the importation +for the period of six months of certain building materials and provisions +free of duty, but revoked it when about half the period only had elapsed, +to the injury of citizens of the United States who had proceeded to act on +the faith of that decree. The Spanish Government refused indemnification to +the parties aggrieved until recently, when it was assented to, payment +being promised to be made so soon as the amount due can be ascertained. +</p> + +<p> +Satisfaction claimed for the arrest and search of the steamer El Dorado has +not yet been accorded, but there is reason to believe that it will be; and +that case, with others, continues to be urged on the attention of the +Spanish Government. I do not abandon the hope of concluding with Spain some +general arrangement which, if it do not wholly prevent the recurrence of +difficulties in Cuba, will render them less frequent, and, whenever they +shall occur, facilitate their more speedy settlement. +</p> + +<p> +The interposition of this Government has been invoked by many of its +citizens on account of injuries done to their persons and property for +which the Mexican Republic is responsible. The unhappy situation of that +country for some time past has not allowed its Government to give due +consideration to claims of private reparation, and has appeared to call for +and justify some forbearance in such matters on the part of this +Government. But if the revolutionary movements which have lately occurred +in that Republic end in the organization of a stable government, urgent +appeals to its justice will then be made, and, it may be hoped, with +success, for the redress of all complaints of our citizens. +</p> + +<p> +In regard to the American Republics, which from their proximity and other +considerations have peculiar relations to this Government, while it has +been my constant aim strictly to observe all the obligations of political +friendship and of good neighborhood, obstacles to this have arisen in some +of them from their own insufficient power to cheek lawless irruptions, +which in effect throws most of the task on the United States. Thus it is +that the distracted internal condition of the State of Nicaragua has made +it incumbent on me to appeal to the good faith of our citizens to abstain +from unlawful intervention in its affairs and to adopt preventive measures +to the same end, which on a similar occasion had the best results in +reassuring the peace of the Mexican States of Sonora and Lower California. +</p> + +<p> +Since the last session of Congress a treaty of amity, commerce, and +navigation and for the surrender of fugitive criminals with the Kingdom of +the Two Sicilies; a treaty of friendship, commerce, and navigation with +Nicaragua, and a convention of commercial reciprocity with the Hawaiian +Kingdom have been negotiated. The latter Kingdom and the State of Nicaragua +have also acceded to a declaration recognizing as international rights the +principles contained in the convention between the United States and Russia +of July 22, 1854. These treaties and conventions will be laid before the +Senate for ratification. +</p> + +<p> +The statements made in my last annual message respecting the anticipated +receipts and expenditures of the Treasury have been substantially +verified. +</p> + +<p> +It appears from the report of the Secretary of the Treasury that the +receipts during the last fiscal year, ending June 30, 1855, from all +sources were $65,003,930, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$56,365,393. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $9,844,528. +</p> + +<p> +The balance in the Treasury at the beginning of the present fiscal year, +July 1, 1855, was $18,931,976; the receipts for the first quarter and the +estimated receipts for the remaining three quarters amount together to +$67,918,734; thus affording in all, as the available resources of the +current fiscal year, the sum of $86,856,710. +</p> + +<p> +If to the actual expenditures of the first quarter of the current fiscal +year be added the probable expenditures for the remaining three quarters, +as estimated by the Secretary of the Treasury, the sum total will be +$71,226,846, thereby leaving an estimated balance in the Treasury on July +1, 1856, of $15,623,863.41. +</p> + +<p> +In the above-estimated expenditures of the present fiscal year are included +$3,000,000 to meet the last installment of the ten millions provided for in +the late treaty with Mexico and $7,750,000 appropriated on account of the +debt due to Texas, which two sums make an aggregate amount of $10,750,000 +and reduce the expenditures, actual or estimated, for ordinary objects of +the year to the sum of $60,476,000. +</p> + +<p> +The amount of the public debt at the commencement of the present fiscal +year was $40,583,631, and, deduction being made of subsequent payments, the +whole public debt of the Federal Government remaining at this time is less +than $40,000,000. The remnant of certain other Government stocks, amounting +to $243,000, referred to in my last message as outstanding, has since been +paid. +</p> + +<p> +I am fully persuaded that it would be difficult to devise a system superior +to that by which the fiscal business of the Government is now conducted. +Notwithstanding the great number of public agents of collection and +disbursement, it is believed that the checks and guards provided, including +the requirement of monthly returns, render it scarcely possible for any +considerable fraud on the part of those agents or neglect involving hazard +of serious public loss to escape detection. I renew, however, the +recommendation heretofore made by me of the enactment of a law declaring it +felony on the part of public officers to insert false entries in their +books of record or account or to make false returns, and also requiring +them on the termination of their service to deliver to their successors all +books, records, and other objects of a public nature in their custody. +</p> + +<p> +Derived, as our public revenue is, in chief part from duties on imports, +its magnitude affords gratifying evidence of the prosperity, not only of +our commerce, but of the other great interests upon which that depends. +</p> + +<p> +The principle that all moneys not required for the current expenses of the +Government should remain for active employment in the hands of the people +and the conspicuous fact that the annual revenue from all sources exceeds +by many millions of dollars the amount needed for a prudent and economical +administration of public affairs can not fail to suggest the propriety of +an early revision and reduction of the tariff of duties on imports. It is +now so generally conceded that the purpose of revenue alone can justify the +imposition of duties on imports that in readjusting the impost tables and +schedules, which unquestionably require essential modifications, a +departure from the principles of the present tariff is not anticipated. +</p> + +<p> +The Army during the past year has been actively engaged in defending the +Indian frontier, the state of the service permitting but few and small +garrisons in our permanent fortifications. The additional regiments +authorized at the last session of Congress have been recruited and +organized, and a large portion of the troops have already been sent to the +field. All the duties which devolve on the military establishment have been +satisfactorily performed, and the dangers and privations incident to the +character of the service required of our troops have furnished additional +evidence of their courage, zeal, and capacity to meet any requisition which +their country may make upon them. For the details of the military +operations, the distribution of the troops, and additional provisions +required for the military service, I refer to the report of the Secretary +of War and the accompanying documents. +</p> + +<p> +Experience gathered from events which have transpired since my last annual +message has but served to confirm the opinion then expressed of the +propriety of making provision by a retired list for disabled officers and +for increased compensation to the officers retained on the list for active +duty. All the reasons which existed when these measures were recommended on +former occasions continue without modification, except so far as +circumstances have given to some of them additional force. +</p> + +<p> +The recommendations heretofore made for a partial reorganization of the +Army are also renewed. The thorough elementary education given to those +officers who commenced their service with the grade of cadet qualifies them +to a considerable extent to perform the duties of every arm of the service; +but to give the highest efficiency to artillery requires the practice and +special study of many years, and it is not, therefore, believed to be +advisable to maintain in time of peace a larger force of that arm than can +be usually employed in the duties appertaining to the service of field and +siege artillery. The duties of the staff in all its various branches belong +to the movements of troops, and the efficiency of an army in the field +would materially depend upon the ability with which those duties are +discharged. It is not, as in the case of the artillery, a specialty, but +requires also an intimate knowledge of the duties of an officer of the +line, and it is not doubted that to complete the education of an officer +for either the line or the general staff it is desirable that he shall have +served in both. With this view, it was recommended on a former occasion +that the duties of the staff should be mainly performed by details from the +line, and, with conviction of the advantages which would result from such a +change, it is again presented for the consideration of Congress. +</p> + +<p> +The report of the Secretary of the Navy, herewith submitted, exhibits in +full the naval operations of the past year, together with the present +condition of the service, and it makes suggestions of further legislation, +to which your attention is invited. +</p> + +<p> +The construction of the six steam frigates for which appropriations were +made by the last Congress has proceeded in the most satisfactory manner and +with such expedition as to warrant the belief that they will be ready for +service early in the coming spring. Important as this addition to our naval +force is, it still remains inadequate to the contingent exigencies of the +protection of the extensive seacoast and vast commercial interests of the +United States. In view of this fact and of the acknowledged wisdom of the +policy of a gradual and systematic increase of the Navy an appropriation is +recommended for the construction of six steam sloops of war. +</p> + +<p> +In regard to the steps taken in execution of the act of Congress to promote +the efficiency of the Navy, it is unnecessary for me to say more than to +express entire concurrence in the observations on that subject presented by +the Secretary in his report. +</p> + +<p> +It will be perceived by the report of the postmaster-General that the gross +expenditure of the Department for the last fiscal year was $9,968,342 and +the gross receipts $7,342,136, making an excess of expenditure over +receipts of $2,626,206; and that the cost of mail transportation during +that year was $674,952 greater than the previous year. Much of the heavy +expenditures to which the Treasury is thus subjected is to be ascribed to +the large quantity of printed matter conveyed by the mails, either franked +or liable to no postage by law or to very low rates of postage compared +with that charged on letters, and to the great cost of mail service on +railroads and by ocean steamers. The suggestions of the Postmaster-General +on the subject deserve the consideration of Congress. +</p> + +<p> +The report of the Secretary of the Interior will engage your attention as +well for useful suggestions it contains as for the interest and importance +of the subjects to which they refer. +</p> + +<p> +The aggregate amount of public land sold during the last fiscal year, +located with military scrip or land warrants, taken up under grants for +roads, and selected as swamp lands by States is 24,557,409 acres, of which +the portion sold was 15,729,524 acres, yielding in receipts the sum of +$11,485,380. In the same period of time 8,723,854 acres have been surveyed, +but, in consideration of the quantity already subject to entry, no +additional tracts have been brought into market. +</p> + +<p> +The peculiar relation of the General Government to the District of Columbia +renders it proper to commend to your care not only its material but also +its moral interests, including education, more especially in those parts of +the District outside of the cities of Washington and Georgetown. +</p> + +<p> +The commissioners appointed to revise and codify the laws of the District +have made such progress in the performance of their task as to insure its +completion in the time prescribed by the act of Congress. +</p> + +<p> +Information has recently been received that the peace of the settlements in +the Territories of Oregon and Washington is disturbed by hostilities on the +part of the Indians, with indications of extensive combinations of a +hostile character among the tribes in that quarter, the more serious in +their possible effect by reason of the undetermined foreign interests +existing in those Territories, to which your attention has already been +especially invited. Efficient measures have been taken, which, it is +believed, will restore quiet and afford protection to our citizens. +</p> + +<p> +In the Territory of Kansas there have been acts prejudicial to good order, +but as yet none have occurred under circumstances to justify the +interposition of the Federal Executive. That could only be in case of +obstruction to Federal law or of organized resistance to Territorial law, +assuming the character of insurrection, which, if it should occur, it would +be my duty promptly to overcome and suppress. I cherish the hope, however, +that the occurrence of any such untoward event will be prevented by the +sound sense of the people of the Territory, who by its organic law, +possessing the right to determine their own domestic institutions, are +entitled while deporting themselves peacefully to the free exercise of that +right, and must be protected in the enjoyment of it without interference on +the part of the citizens of any of the States. The southern boundary line +of this Territory has never been surveyed and established. The rapidly +extending settlements in that region and the fact that the main route +between Independence, in the State of Missouri, and New Mexico is +contiguous in this line suggest the probability that embarrassing questions +of jurisdiction may consequently arise. For these and other considerations +I commend the subject to your early attention. +</p> + +<p> +I have thus passed in review the general state of the Union, including such +particular concerns of the Federal Government, whether of domestic or +foreign relation, as it appeared to me desirable and useful to bring to the +special notice of Congress. Unlike the great States of Europe and Asia and +many of those of America, these United States are wasting their strength +neither in foreign war nor domestic strife. Whatever of discontent or +public dissatisfaction exists is attributable to the imperfections of human +nature or is incident to all governments, however perfect, which human +wisdom can devise. Such subjects of political agitation as occupy the +public mind consist to a great extent of exaggeration of inevitable evils, +or over zeal in social improvement, or mere imagination of grievance, +having but remote connection with any of the constitutional functions or +duties of the Federal Government. To whatever extent these questions +exhibit a tendency menacing to the stability of the Constitution or the +integrity of the Union, and no further, they demand the consideration of +the Executive and require to be presented by him to Congress. +</p> + +<p> +Before the thirteen colonies became a confederation of independent States +they were associated only by community of transatlantic origin, by +geographical position, and by the mutual tie of common dependence on Great +Britain. When that tie was sundered they severally assumed the powers and +rights of absolute self-government. The municipal and social institutions +of each, its laws of property and of personal relation, even its political +organization, were such only as each one chose to establish, wholly without +interference from any other. In the language of the Declaration of +Independence, each State had "full power to levy war, conclude peace, +contract alliances, establish commerce, and to do all other acts and things +which independent states may of right do." The several colonies differed in +climate, in soil, in natural productions, in religion, in systems of +education, in legislation, and in the forms of political administration, +and they continued to differ in these respects when they voluntarily allied +themselves as States to carry on the War of the Revolution. The object of +that war was to disenthrall the united colonies from foreign rule, which +had proved to be oppressive, and to separate them permanently from the +mother country. The political result was the foundation of a Federal +Republic of the free white men of the colonies, constituted, as they were, +in distinct and reciprocally independent State governments. As for the +subject races, whether Indian or African, the wise and brave statesmen of +that day, being engaged in no extravagant scheme of social change, left +them as they were, and thus preserved themselves and their posterity from +the anarchy and the ever-recurring civil wars which have prevailed in other +revolutionized European colonies of America. +</p> + +<p> +When the confederated States found it convenient to modify the conditions +of their association by giving to the General Government direct access in +some respects to the people of the States, instead of confining it to +action on the States as such, they proceeded to frame the existing +Constitution, adhering steadily to one guiding thought, which was to +delegate only such power as was necessary and proper to the execution of +specific purposes, or, in other words, to retain as much as possible +consistently with those purposes of the independent powers of the +individual States. For objects of common defense and security, they +intrusted to the General Government certain carefully defined functions, +leaving all others as the undelegated rights of the separate independent +sovereignties. +</p> + +<p> +Such is the constitutional theory of our Government, the practical +observance of which has carried us, and us alone among modern republics, +through nearly three generations of time without the cost of one drop of +blood shed in civil war. With freedom and concert of action, it has enabled +us to contend successfully on the battlefield against foreign foes, has +elevated the feeble colonies into powerful States, and has raised our +industrial productions and our commerce which transports them to the level +of the richest and the greatest nations of Europe. And the admirable +adaptation of our political institutions to their objects, combining local +self-government with aggregate strength, has established the practicability +of a government like ours to cover a continent with confederate states. +</p> + +<p> +The Congress of the United States is in effect that congress of +sovereignties which good men in the Old World have sought for, but could +never attain, and which imparts to America an exemption from the mutable +leagues for common action, from the wars, the mutual invasions, and vague +aspirations after the balance of power which convulse from time to time the +Governments of Europe. Our cooperative action rests in the conditions of +permanent confederation prescribed by the Constitution. Our balance of +power is in the separate reserved rights of the States and their equal +representation in the Senate. That independent sovereignty in every one of +the States, with its reserved rights of local self-government assured to +each by their coequal power in the Senate, was the fundamental condition of +the Constitution. Without it the Union would never have existed. However +desirous the larger States might be to reorganize the Government so as to +give to their population its proportionate weight in the common counsels, +they knew it was impossible unless they conceded to the smaller ones +authority to exercise at least a negative influence on all the measures of +the Government, whether legislative or executive, through their equal +representation in the Senate. Indeed, the larger States themselves could +not have failed to perceive that the same power was equally necessary to +them for the security of their own domestic interests against the aggregate +force of the General Government. In a word, the original States went into +this permanent league on the agreed premises of exerting their common +strength for the defense of the whole and of all its parts, but of utterly +excluding all capability of reciprocal aggression. Each solemnly bound +itself to all the others neither to undertake nor permit any encroachment +upon or intermeddling with another's reserved rights. +</p> + +<p> +Where it was deemed expedient particular rights of the States were +expressly guaranteed by the Constitution, but in all things besides these +rights were guarded by the limitation of the powers granted and by express +reservation of all powers not granted in the compact of union. Thus the +great power of taxation was limited to purposes of common defense and +general welfare, excluding objects appertaining to the local legislation of +the several States; and those purposes of general welfare and common +defense were afterwards defined by specific enumeration as being matters +only of co-relation between the States themselves or between them and +foreign governments, which, because of their common and general nature, +could not be left to the separate control of each State. +</p> + +<p> +Of the circumstances of local condition, interest, and rights in which a +portion of the States, constituting one great section of the Union, +differed from the rest and from another section, the most important was the +peculiarity of a larger relative colored population in the Southern than in +the Northern States. +</p> + +<p> +A population of this class, held in subjection, existed in nearly all the +States, but was more numerous and of more serious concernment in the South +than in the North on account of natural differences of climate and +production; and it was foreseen that, for the same reasons, while this +population would diminish and sooner or later cease to exist in some +States, it might increase in others. The peculiar character and magnitude +of this question of local rights, not in material relations only, but still +more in social ones, caused it to enter into the special stipulations of +the Constitution. +</p> + +<p> +Hence, while the General Government, as well by the enumerated powers +granted to it as by those not enumerated, and therefore refused to it, was +forbidden to touch this matter in the sense of attack or offense, it was +placed under the general safeguard of the Union in the sense of defense +against either invasion or domestic violence, like all other local +interests of the several States. Each State expressly stipulated, as well +for itself as for each and all of its citizens, and every citizen of each +State became solemnly bound by his allegiance to the Constitution that any +person held to service or labor in one State, escaping into another, should +not, in consequence of any law or regulation thereof, be discharged from +such service or labor, but should be delivered up on claim of the party to +whom such service or labor might be due by the laws of his State. +</p> + +<p> +Thus and thus only, by the reciprocal guaranty of all the rights of every +State against interference on the part of another, was the present form of +government established by our fathers and transmitted to us, and by no +other means is it possible for it to exist. If one State ceases to respect +the rights of another and obtrusively intermeddles with its local +interests; if a portion of the States assume to impose their institutions +on the others or refuse to fulfill their obligations to them, we are no +longer united, friendly States, but distracted, hostile ones, with little +capacity left of common advantage, but abundant means of reciprocal injury +and mischief. Practically it is immaterial whether aggressive interference +between the States or deliberate refusal on the part of any one of them to +comply with constitutional obligations arise from erroneous conviction or +blind prejudice, whether it be perpetrated by direction or indirection. In +either case it is full of threat and of danger to the durability of the +Union. +</p> + +<p> +Placed in the office of Chief Magistrate as the executive agent of the +whole country, bound to take care that the laws be faithfully executed, and +specially enjoined by the Constitution to give information to Congress on +the state of the Union, it would be palpable neglect of duty on my part to +pass over a subject like this, which beyond all things at the present time +vitally concerns individual and public security. +</p> + +<p> +It has been matter of painful regret to see States conspicuous for their +services in rounding this Republic and equally sharing its advantages +disregard their constitutional obligations to it. Although conscious of +their inability to heal admitted and palpable social evils of their own, +and which are completely within their jurisdiction, they engage in the +offensive and hopeless undertaking of reforming the domestic institutions +of other States, wholly beyond their control and authority. In the vain +pursuit of ends by them entirely unattainable, and which they may not +legally attempt to compass, they peril the very existence of the +Constitution and all the countless benefits which it has conferred. While +the people of the Southern States confine their attention to their own +affairs, not presuming officiously to intermeddle with the social +institutions of the Northern States, too many of the inhabitants of the +latter are permanently organized in associations to inflict injury on the +former by wrongful acts, which would be cause of war as between foreign +powers and only fail to be such in our system because perpetrated under +cover of the Union. +</p> + +<p> +Is it possible to present this subject as truth and the occasion require +without noticing the reiterated but groundless allegation that the South +has persistently asserted claims and obtained advantages in the practical +administration of the General Government to the prejudice of the North, and +in which the latter has acquiesced? That is, the States which either +promote or tolerate attacks on the rights of persons and of property in +other States, to disguise their own injustice, pretend or imagine, and +constantly aver, that they, whose constitutional rights are thus +systematically assailed, are themselves the aggressors. At the present time +this imputed aggression, resting, as it does, only in the vague declamatory +charges of political agitators, resolves itself into misapprehension, or +misinterpretation, of the principles and facts of the political +organization of the new Territories of the United States. +</p> + +<p> +What is the voice of history? When the ordinance which provided for the +government of the territory northwest of the river Ohio and for its +eventual subdivision into new States was adopted in the Congress of the +Confederation, it is not to be supposed that the question of future +relative power as between the States which retained and those which did not +retain a numerous colored population escaped notice or failed to be +considered. And yet the concession of that vast territory to the interests +and opinions of the Northern States, a territory now the seat of five among +the largest members of the Union, was in great measure the act of the State +of Virginia and of the South. +</p> + +<p> +When Louisiana was acquired by the United States, it was an acquisition not +less to the North than to the South; for while it was important to the +country at the mouth of the river Mississippi to become the emporium of the +country above it, so also it was even more important to the whole Union to +have that emporium; and although the new province, by reason of its +imperfect settlement, was mainly regarded as on the Gulf of Mexico, yet in +fact it extended to the opposite boundaries of the United States, with far +greater breadth above than below, and was in territory, as in everything +else, equally at least an accession to the Northern States. It is mere +delusion and prejudice, therefore, to speak of Louisiana as acquisition in +the special interest of the South. +</p> + +<p> +The patriotic and just men who participated in the act were influenced by +motives far above all sectional jealousies. It was in truth the great event +which, by completing for us the possession of the Valley of the +Mississippi, with commercial access to the Gulf of Mexico, imparted unity +and strength to the whole Confederation and attached together by +indissoluble ties the East and the West, as well as the North and the +South. +</p> + +<p> +As to Florida, that was but the transfer by Spain to the United States of +territory on the east side of the river Mississippi in exchange for large +territory which the United States transferred to Spain on the west side of +that river, as the entire diplomatic history of the transaction serves to +demonstrate. Moreover, it was an acquisition demanded by the commercial +interests and the security of the whole Union. In the meantime the people +of the United States had grown up to a proper consciousness of their +strength, and in a brief contest with France and in a second serious war +with Great Britain they had shaken off all which remained of undue +reverence for Europe, and emerged from the atmosphere of those +transatlantic influences which surrounded the infant Republic, and had +begun to turn their attention to the full and systematic development of the +internal resources of the Union. +</p> + +<p> +Among the evanescent controversies of that period the most conspicuous was +the question of regulation by Congress of the social condition of the +future States to be rounded in the territory of Louisiana. +</p> + +<p> +The ordinance for the government of the territory northwest of the river +Ohio had contained a provision which prohibited the use of servile labor +therein, subject to the condition of the extraditions of fugitives from +service due in any other part of the United States. Subsequently to the +adoption of the Constitution this provision ceased to remain as a law, for +its operation as such was absolutely superseded by the Constitution. But +the recollection of the fact excited the zeal of social propagandism in +some sections of the Confederation, and when a second State, that of +Missouri, came to be formed in the territory of Louisiana proposition was +made to extend to the latter territory the restriction originally applied +to the country situated between the rivers Ohio and Mississippi. +</p> + +<p> +Most questionable as was this proposition in all its constitutional +relations, nevertheless it received the sanction of Congress, with some +slight modifications of line, to save the existing rights of the intended +new State. It was reluctantly acquiesced in by Southern States as a +sacrifice to the cause of peace and of the Union, not only of the rights +stipulated by the treaty of Louisiana, but of the principle of equality +among the States guaranteed by the Constitution. It was received by the +Northern States with angry and resentful condemnation and complaint, +because it did not concede all which they had exactingly demanded. Having +passed through the forms of legislation, it took its place in the statute +book, standing open to repeal, like any other act of doubtful +constitutionality, subject to be pronounced null and void by the courts of +law, and possessing no possible efficacy to control the rights of the +States which might thereafter be organized out of any part of the original +territory of Louisiana. +</p> + +<p> +In all this, if any aggression there were, any innovation upon preexisting +rights, to which portion of the Union are they justly chargeable? This +controversy passed away with the occasion, nothing surviving it save the +dormant letter of the statute. +</p> + +<p> +But long afterwards, when by the proposed accession of the Republic of +Texas the United States were to take their next step in territorial +greatness, a similar contingency occurred and became the occasion for +systematized attempts to intervene in the domestic affairs of one section +of the Union, in defiance of their rights as States and of the stipulations +of the Constitution. These attempts assumed a practical direction in the +shape of persevering endeavors by some of the Representatives in both +Houses of Congress to deprive the Southern States of the supposed benefit +of the provisions of the act authorizing the organization of the State of +Missouri. +</p> + +<p> +But the good sense of the people and the vital force of the Constitution +triumphed over sectional prejudice and the political errors of the day, and +the State of Texas returned to the Union as she was, with social +institutions which her people had chosen for themselves and with express +agreement by the reannexing act that she should be susceptible of +subdivision into a plurality of States. +</p> + +<p> +Whatever advantage the interests of the Southern States, as such, gained by +this were far inferior in results, as they unfolded in the progress of +time, to those which sprang from previous concessions made by the South. +</p> + +<p> +To every thoughtful friend of the Union, to the true lovers of their +country, to all who longed and labored for the full success of this great +experiment of republican institutions, it was cause of gratulation that +such an opportunity had occurred to illustrate our advancing power on this +continent and to furnish to the world additional assurance of the strength +and stability of the Constitution. Who would wish to see Florida still a +European colony? Who would rejoice to hail Texas as a lone star instead of +one in the galaxy of States? Who does not appreciate the incalculable +benefits of the acquisition of Louisiana? And yet narrow views and +sectional purposes would inevitably have excluded them all from the Union. +</p> + +<p> +But another struggle on the same point ensued when our victorious armies +returned from Mexico and it devolved on Congress to provide for the +territories acquired by the treaty of Guadalupe Hidalgo. The great +relations of the subject had now become distinct and clear to the +perception of the public mind, which appreciated the evils of sectional +controversy upon the question of the admission of new States. In that +crisis intense solicitude pervaded the nation. But the patriotic impulses +of the popular heart, guided by the admonitory advice of the Father of his +Country, rose superior to all the difficulties of the incorporation of a +new empire into the Union. In the counsels of Congress there was manifested +extreme antagonism of opinion and action between some Representatives, who +sought by the abusive and unconstitutional employment of the legislative +powers of the Government to interfere in the condition of the inchoate +States and to impose their own social theories upon the latter, and other +Representatives, who repelled the interposition of the General Government +in this respect and maintained the self-constituting rights of the States. +In truth, the thing attempted was in form alone action of the General +Government, while in reality it was the endeavor, by abuse of legislative +power, to force the ideas of internal policy entertained in particular +States upon allied independent States. Once more the Constitution and the +Union triumphed signally. The new territories were organized without +restrictions on the disputed point, and were thus left to judge in that +particular for themselves; and the sense of constitutional faith proved +vigorous enough in Congress not only to accomplish this primary object, but +also the incidental and hardly less important one of so amending the +provisions of the statute for the extradition of fugitives from service as +to place that public duty under the safeguard of the General Government, +and thus relieve it from obstacles raised up by the legislation of some of +the States. +</p> + +<p> +Vain declamation regarding the provisions of law for the extradition of +fugitives from service, with occasional episodes of frantic effort to +obstruct their execution by riot and murder, continued for a brief time to +agitate certain localities. But the true principle of leaving each State +and Territory to regulate its own laws of labor according to its own sense +of right and expediency had acquired fast hold of the public judgment, to +such a degree that by common consent it was observed in the organization of +the Territory of Washington. When, more recently, it became requisite to +organize the Territories of Nebraska and Kansas, it was the natural and +legitimate, if not the inevitable, consequence of previous events and +legislation that the same great and sound principle which had already been +applied to Utah and New Mexico should be applied to them--that they should +stand exempt from the restrictions proposed in the act relative to the +State of Missouri. +</p> + +<p> +These restrictions were, in the estimation of many thoughtful men, null +from the beginning, unauthorized by the Constitution, contrary to the +treaty stipulations for the cession of Louisiana, and inconsistent with the +equality of these States. +</p> + +<p> +They had been stripped of all moral authority by persistent efforts to +procure their indirect repeal through contradictory enactments. They had +been practically abrogated by the legislation attending the organization of +Utah, New Mexico, and Washington. If any vitality remained in them it would +have been taken away, in effect, by the new Territorial acts in the form +originally proposed to the Senate at the first session of the last +Congress. It was manly and ingenuous, as well as patriotic and just, to do +this directly and plainly, and thus relieve the statute book of an act +which might be of possible future injury, but of no possible future +benefit; and the measure of its repeal was the final consummation and +complete recognition of the principle that no portion of the United States +shall undertake through assumption of the powers of the General Government +to dictate the social institutions of any other portion. +</p> + +<p> +The scope and effect of the language of repeal were not left in doubt. It +was declared in terms to be "the true intent and meaning of this act not to +legislate slavery into any Territory or State, nor to exclude it therefrom, +but to leave the people thereof perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." +</p> + +<p> +The measure could not be withstood upon its merits alone. It was attacked +with violence on the false or delusive pretext that it constituted a breach +of faith. Never was objection more utterly destitute of substantial +justification. When before was it imagined by sensible men that a +regulative or declarative statute, whether enacted ten or forty years ago, +is irrepealable; that an act of Congress is above the Constitution? If, +indeed, there were in the facts any cause to impute bad faith, it would +attach to those only who have never ceased, from the time of the enactment +of the restrictive provision to the present day, to denounce and condemn +it; who have constantly refused to complete it by needful supplementary +legislation; who have spared no exertion to deprive it of moral force; who +have themselves again and again attempted its repeal by the enactment of +incompatible provisions, and who, by the inevitable reactionary effect of +their own violence on the subject, awakened the country to perception of +the true constitutional principle of leaving the matter involved to the +discretion of the people of the respective existing or incipient States. +</p> + +<p> +It is not pretended that this principle or any other precludes the +possibility of evils in practice, disturbed, as political action is liable +to be, by human passions. No form of government is exempt from +inconveniences; but in this case they are the result of the abuse, and not +of the legitimate exercise, of the powers reserved or conferred in the +organization of a Territory. They are not to be charged to the great +principle of popular sovereignty. On the contrary, they disappear before +the intelligence and patriotism of the people, exerting through the ballot +box their peaceful and silent but irresistible power. +</p> + +<p> +If the friends of the Constitution are to have another struggle, its +enemies could not present a more acceptable issue than that of a State +whose constitution clearly embraces "a republican form of government" being +excluded from the Union because its domestic institutions may not in all +respects comport with the ideas of what is wise and expedient entertained +in some other State. Fresh from groundless imputations of breach of faith +against others, men will commence the agitation of this new question with +indubitable violation of an express compact between the independent +sovereign powers of the United States and of the Republic of Texas, as well +as of the older and equally solemn compacts which assure the equality of +all the States. +</p> + +<p> +But deplorable as would be such a violation of compact in itself and in all +its direct consequences, that is the very least of the evils involved. When +sectional agitators shall have succeeded in forcing on this issue, can +their pretensions fail to be met by counter pretensions? Will not different +States be compelled, respectively, to meet extremes with extremes? And if +either extreme carry its point, what is that so far forth but dissolution +of the Union? If a new State, formed from the territory of the United +States, be absolutely excluded from admission therein, that fact of itself +constitutes the disruption of union between it and the other States. But +the process of dissolution could not stop there. Would not a sectional +decision producing such result by a majority of votes, either Northern or +Southern, of necessity drive out the oppressed and aggrieved minority and +place in presence of each other two irreconcilably hostile confederations? +</p> + +<p> +It is necessary to speak thus plainly of projects the offspring of that +sectional agitation now prevailing in some of the States, which are as +impracticable as they are unconstitutional, and which if persevered in must +and will end calamitously. It is either disunion and civil war or it is +mere angry, idle, aimless disturbance of public peace and tranquillity. +Disunion for what? If the passionate rage of fanaticism and partisan spirit +did not force the fact upon our attention, it would be difficult to believe +that any considerable portion of the people of this enlightened country +could have so surrendered themselves to a fanatical devotion to the +supposed interests of the relatively few Africans in the United States as +totally to abandon and disregard the interests of the 25,000,000 Americans; +to trample under foot the injunctions of moral and constitutional +obligation, and to engage in plans of vindictive hostility against those +who are associated with them in the enjoyment of the common heritage of our +national institutions. +</p> + +<p> +Nor is it hostility against their fellow-citizens of one section of the +Union alone. The interests, the honor, the duty, the peace, and the +prosperity of the people of all sections are equally involved and imperiled +in this question. And are patriotic men in any part of the Union prepared +on such issue thus madly to invite all the consequences of the forfeiture +of their constitutional engagements? It is impossible. The storm of frenzy +and faction must inevitably dash itself in vain against the unshaken rock +of the Constitution. I shall never doubt it. I know that the Union is +stronger a thousand times than all the wild and chimerical schemes of +social change which are generated one after another in the unstable minds +of visionary sophists and interested agitators. I rely confidently on the +patriotism of the people, on the dignity and self-respect of the States, on +the wisdom of Congress, and, above all, on the continued gracious favor of +Almighty God to maintain against all enemies, whether at home or abroad, +the sanctity of the Constitution and the integrity of the Union. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1856"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +Franklin Pierce<br /> +December 2, 1856<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and of the House of Representatives: +</p> + +<p> +The Constitution requires that the President shall from time to time not +only recommend to the consideration of Congress such measures as he may +judge necessary and expedient, but also that he shall give information to +them of the state of the Union. To do this fully involves exposition of all +matters in the actual condition of the country, domestic or foreign, which +essentially concern the general welfare. While performing his +constitutional duty in this respect, the President does not speak merely to +express personal convictions, but as the executive minister of the +Government, enabled by his position and called upon by his official +obligations to scan with an impartial eye the interests of the whole and of +every part of the United States. +</p> + +<p> +Of the condition of the domestic interests of the Union--its agriculture, +mines, manufactures, navigation, and commerce--it is necessary only to say +that the internal prosperity of the country, its continuous and steady +advancement in wealth and population and in private as well as public +well-being, attest the wisdom of our institutions and the predominant +spirit of intelligence and patriotism which, notwithstanding occasional +irregularities of opinion or action resulting from popular freedom, has +distinguished and characterized the people of America. In the brief +interval between the termination of the last and the commencement of the +present session of Congress the public mind has been occupied with the care +of selecting for another constitutional term the President and +Vice-President of the United States. +</p> + +<p> +The determination of the persons who are of right, or contingently, to +preside over the administration of the Government is under our system +committed to the States and the people. We appeal to them, by their voice +pronounced in the forms of law, to call whomsoever they will to the high +post of Chief Magistrate. +</p> + +<p> +And thus it is that as the Senators represent the respective States of the +Union and the members of the House of Representatives the several +constituencies of each State, so the President represents the aggregate +population of the United States. Their election of him is the explicit and +solemn act of the sole sovereign authority of the Union. +</p> + +<p> +It is impossible to misapprehend the great principles which by their recent +political action the people of the United States have sanctioned and +announced. +</p> + +<p> +They have asserted the constitutional equality of each and all of the +States of the Union as States: they have affirmed the constitutional +equality of each and all of the citizens of the United States as citizens, +whatever their religion, wherever their birth or their residence; they have +maintained the inviolability of the constitutional rights of the different +sections of the Union, and they have proclaimed their devoted and +unalterable attachment to the Union and to the Constitution, as objects of +interest superior to all subjects of local or sectional controversy, as the +safeguard of the rights of all, as the spirit and the essence of the +liberty, peace, and greatness of the Republic. In doing this they have at +the same time emphatically condemned the idea of organizing in these United +States mere geographical parties, of marshaling in hostile array toward +each other the different parts of the country, North or South, East or +West. +</p> + +<p> +Schemes of this nature, fraught with incalculable mischief, and which the +considerate sense of the people has rejected, could have had countenance in +no part of the country had they not been disguised by suggestions plausible +in appearance, acting upon an excited state of the public mind, induced by +causes temporary in their character and, it is to be hoped, transient in +their influence. +</p> + +<p> +Perfect liberty of association for political objects and the widest scope +of discussion are the received and ordinary conditions of government in our +country. Our institutions, framed in the spirit of confidence in the +intelligence and integrity of the people, do not forbid citizens, either +individually or associated together, to attack by writing, speech, or any +other methods short of physical force the Constitution and the very +existence of the Union. Under the shelter of this great liberty, and +protected by the laws and usages of the Government they assail, +associations have been formed in some of the States of individuals who, +pretending to seek only to prevent the spread of the institution of slavery +into the present or future inchoate States of the Union, are really +inflamed with desire to change the domestic institutions of existing +States. To accomplish their objects they dedicate themselves to the odious +task of depreciating the government organization which stands in their way +and of calumniating with indiscriminate invective not only the citizens of +particular States with whose laws they find fault, but all others of their +fellow citizens throughout the country who do not participate with them in +their assaults upon the Constitution, framed and adopted by our fathers, +and claiming for the privileges it has secured and the blessings it has +conferred the steady support and grateful reverence of their children. They +seek an object which they well know to be a revolutionary one. They are +perfectly aware that the change in the relative condition of the white and +black races in the slaveholding States which they would promote is beyond +their lawful authority; that to them it is a foreign object; that it can +not be effected by any peaceful instrumentality of theirs; that for them +and the States of which they are citizens the only path to its +accomplishment is through burning cities, and ravaged fields, and +slaughtered populations, and all there is most terrible in foreign +complicated with civil and servile war; and that the first step in the +attempt is the forcible disruption of a country embracing in its broad +bosom a degree of liberty and an amount of individual and public prosperity +to which there is no parallel in history, and substituting in its place +hostile governments, driven at once and inevitably into mutual devastation +and fratricidal carnage, transforming the now peaceful and felicitous +brotherhood into a vast permanent camp of armed men like the rival +monarchies of Europe and Asia. Well knowing that such, and such only, are +the means and the consequences of their plans and purposes, they endeavor +to prepare the people of the United States for civil war by doing +everything in their power to deprive the Constitution and the laws of moral +authority and to undermine the fabric of the Union by appeals to passion +and sectional prejudice, by indoctrinating its people with reciprocal +hatred, and by educating them to stand face to face as enemies, rather than +shoulder to shoulder as friends. +</p> + +<p> +It is by the agency of such unwarrantable interference, foreign and +domestic, that the minds of many otherwise good citizens have been so +inflamed into the passionate condemnation of the domestic institutions of +the Southern States as at length to pass insensibly to almost equally +passion late hostility toward their fellow-citizens of those States, and +thus finally to fall into temporary fellowship with the avowed and active +enemies of the Constitution. Ardently attached to liberty in the abstract, +they do not stop to consider practically how the objects they would attain +can be accomplished, nor to reflect that, even if the evil were as great as +they deem it, they have no remedy to apply, and that it can be only +aggravated by their violence and unconstitutional action. A question which +is one of the most difficult of all the problems of social institution, +political economy, and statesmanship they treat with unreasoning +intemperance of thought and language. Extremes beget extremes. Violent +attack from the North finds its inevitable consequence in the growth of a +spirit of angry defiance at the South. Thus in the progress of events we +had reached that consummation, which the voice of the people has now so +pointedly rebuked, of the attempt of a portion of the States, by a +sectional organization and movement, to usurp the control of the Government +of the United States. +</p> + +<p> +I confidently believe that the great body of those who inconsiderately took +this fatal step are sincerely attached to the Constitution and the Union. +They would upon deliberation shrink with unaffected horror from any +conscious act of disunion or civil war. But they have entered into a path +which leads nowhere unless it be to civil war and disunion, and which has +no other possible outlet. They have proceeded thus far in that direction in +consequence of the successive stages of their progress having consisted of +a series of secondary issues, each of which professed to be confined within +constitutional and peaceful limits, but which attempted indirectly what few +men were willing to do directly; that is, to act aggressively against the +constitutional rights of nearly one-half of the thirty-one States. +</p> + +<p> +In the long series of acts of indirect aggression, the first was the +strenuous agitation by citizens of the Northern States, in Congress and out +of it, of the question of Negro emancipation in the Southern States. +</p> + +<p> +The second step in this path of evil consisted of acts of the people of the +Northern States, and in several instances of their governments, aimed to +facilitate the escape of persons held to service in the Southern States and +to prevent their extradition when reclaimed according to law and in virtue +of express provisions of the Constitution. To promote this object, +legislative enactments and other means were adopted to take away or defeat +rights which the Constitution solemnly guaranteed. In order to nullify the +then existing act of Congress concerning the extradition of fugitives from +service, laws were enacted in many States forbidding their officers, under +the severest penalties, to participate in the execution of any act of +Congress whatever. In this way that system of harmonious cooperation +between the authorities of the United States and of the several States, for +the maintenance of their common institutions, which existed in the early +years of the Republic was destroyed; conflicts of jurisdiction came to be +frequent, and Congress found itself compelled, for the support of the +Constitution and the vindication of its power, to authorize the appointment +of new officers charged with the execution of its acts, as if they and the +officers of the States were the ministers, respectively, of foreign +governments in a state of mutual hostility rather than fellow-magistrates +of a common country peacefully subsisting under the protection of one +well-constituted Union. Thus here also aggression was followed by reaction, +and the attacks upon the Constitution at this point did but serve to raise +up new barriers for its defense and security. +</p> + +<p> +The third stage of this unhappy sectional controversy was in connection +with the organization of Territorial governments and the admission of new +States into the Union. When it was proposed to admit the State of Maine, by +separation of territory from that of Massachusetts, and the State of +Missouri, formed of a portion of the territory ceded by France to the +United States, representatives in Congress objected to the admission of the +latter unless with conditions suited to particular views of public policy. +The imposition of such a condition was successfully resisted; but at the +same period the question was presented of imposing restrictions upon the +residue of the territory ceded by France. That question was for the time +disposed of by the adoption of a geographical line of limitation. +</p> + +<p> +In this connection it should not be forgotten that when France, of her own +accord, resolved, for considerations of the most farsighted sagacity, to +cede Louisiana to the United States, and that accession was accepted by the +United States, the latter expressly engaged that "the inhabitants of the +ceded territory shall be incorporated in the Union of the United States and +admitted as soon as possible, according to the principles of the Federal +Constitution, to the enjoyment of all the rights, advantages, and +immunities of citizens of the United States; and in the meantime they shall +be maintained and protected in the free enjoyment of their liberty, +property, and the religion which they profess;" that is to say, while it +remains in a Territorial condition its inhabitants are maintained and +protected in the free enjoyment of their liberty and property, with a right +then to pass into the condition of States on a footing of perfect equality +with the original States. +</p> + +<p> +The enactment which established the restrictive geographical line was +acquiesced in rather than approved by the States of the Union. It stood on +the statute book, however, for a number of years; and the people of the +respective States acquiesced in the reenactment of the principle as applied +to the State of Texas, and it was proposed to acquiesce in its further +application to the territory acquired by the United States from Mexico. But +this proposition was successfully resisted by the representatives from the +Northern States, who, regardless of the statute line, insisted upon +applying restriction to the new territory generally, whether lying north or +south of it, thereby repealing it as a legislative compromise, and, on the +part of the North, persistently violating the compact, if compact there +was. +</p> + +<p> +Thereupon this enactment ceased to have binding virtue in any sense, +whether as respects the North or the South, and so in effect it was treated +on the occasion of the admission of the State of California and the +organization of the Territories of New Mexico, Utah, and Washington. +</p> + +<p> +Such was the state of this question when the time arrived for the +organization of the Territories of Kansas and Nebraska. In the progress of +constitutional inquiry and reflection it had now at length come to be seen +clearly that Congress does not possess constitutional power to impose +restrictions of this character upon any present or future State of the +Union. In a long series of decisions, on the fullest argument and after the +most deliberate consideration, the Supreme Court of the United States had +finally determined this point in every form under which the question could +arise, whether as affecting public or private rights--in questions of the +public domain, of religion, of navigation, and of servitude. +</p> + +<p> +The several States of the Union are by force of the Constitution coequal in +domestic legislative power. Congress can not change a law of domestic +relation in the State of Maine; no more can it in the State of Missouri. +Any statute which proposes to do this is a mere nullity; it takes away no +right, it confers none. If it remains on the statute book unrepealed, it +remains there only as a monument of error and a beacon of warning to the +legislator and the statesman. To repeal it will be only to remove +imperfection from the statutes, without affecting, either in the sense of +permission, or of prohibition, the action of the States or of their +citizens. +</p> + +<p> +Still, when the nominal restriction of this nature, already a dead letter +in law, was in terms repealed by the last Congress, in a clause of the act +organizing the Territories of Kansas and Nebraska, that repeal was made the +occasion of a widespread and dangerous agitation. It was alleged that the +original enactment being a compact of perpetual moral obligation, its +repeal constituted an odious breach of faith. An act of Congress, while it +remains unrepealed, more especially if it be constitutionally valid in the +judgment of those public functionaries whose duty it is to pronounce on +that point, is undoubtedly binding on the conscience of each good citizen +of the Republic. But in what sense can it be asserted that the enactment in +question was invested with perpetuity and entitled to the respect of a +solemn Compact? Between whom was the compact? No distinct contending powers +of the Government, no separate sections of the Union treating as such, +entered into treaty stipulations on the subject. It was a mere clause of an +act of Congress, and, like any other controverted matter of legislation, +received its final shape and was passed by compromise of the conflicting +opinions or sentiments of the members of Congress. But if it had moral +authority over men's consciences, to whom did this authority attach? Not to +those of the North, who had repeatedly refused to confirm it by extension +and who had zealously striven to establish other and incompatible +regulations upon the subject. And if, as it thus appears, the supposed +compact had no obligatory force as to the North, of course it could not +have had any as to the South, for all such compacts must be mutual and of +reciprocal obligation. +</p> + +<p> +It has not unfrequently happened that lawgivers, with undue estimation of +the value of the law they give or in the view of imparting to it peculiar +strength, make it perpetual in terms; but they can not thus bind the +conscience, the judgment, and the will of those who may succeed them, +invested with similar responsibilities and clothed with equal authority. +More careful investigation may prove the law to be unsound in principle. +Experience may show it to be imperfect in detail and impracticable in +execution. And then both reason and right combine not merely to justify but +to require its repeal. +</p> + +<p> +The Constitution, supreme, as it is, over all the departments of the +Government--legislative, executive, and judicial--is open to amendment by +its very terms; and Congress or the States may, in their discretion, +propose amendment to it, solemn compact though it in truth is between the +sovereign States of the Union. In the present instance a political +enactment which had ceased to have legal power or authority of any kind was +repealed. The position assumed that Congress had no moral right to enact +such repeal was strange enough, and singularly so in view of the fact that +the argument came from those who openly refused obedience to existing laws +of the land, having the same popular designation and quality as compromise +acts; nay, more, who unequivocally disregarded and condemned the most +positive and obligatory injunctions of the Constitution itself, and sought +by every means within their reach to deprive a portion of their +fellow-citizens of the equal enjoyment of those rights and privileges +guaranteed alike to all by the fundamental compact of our Union. +</p> + +<p> +This argument against the repeal of the statute line in question was +accompanied by another of congenial character and equally with the former +destitute of foundation in reason and truth. It was imputed that the +measure originated in the conception of extending the limits of slave labor +beyond those previously assigned to it, and that such was its natural as +well as intended effect; and these baseless assumptions were made, in the +Northern States, the ground of unceasing assault upon constitutional +right. +</p> + +<p> +The repeal in terms of a statute, which was already obsolete and also null +for unconstitutionality, could have no influence to obstruct or to promote +the propagation of conflicting views of political or social institution. +When the act organizing the Territories of Kansas and Nebraska was passed, +the inherent effect upon that portion of the public domain thus opened to +legal settlement was to admit settlers from all the States of the Union +alike, each with his convictions of public policy and private interest, +there to found, in their discretion, subject to such limitations as the +Constitution and acts of Congress might prescribe, new States, hereafter to +be admitted into the Union. It was a free field, open alike to all, whether +the statute line of assumed restriction were repealed or not. That repeal +did not open to free competition of the diverse opinions and domestic +institutions a field which without such repeal would have been closed +against them; it found that field of competition already opened, in fact +and in law. All the repeal did was to relieve the statute book of an +objectionable enactment, unconstitutional in effect and injurious in terms +to a large portion of the States. +</p> + +<p> +Is it the fact that in all the unsettled regions of the United States, if +emigration be left free to act in this respect for itself, without legal +prohibitions on either side, slave labor will spontaneously go everywhere +in preference to free labor? Is it the fact that the peculiar domestic +institutions of the Southern States possess relatively so much of vigor +that wheresoever an avenue is freely opened to all the world they will +penetrate to the exclusion of those of the Northern States? Is it the fact +that the former enjoy, compared with the latter, such irresistibly superior +vitality, independent of climate, soil, and all other accidental +circumstances, as to be able to produce the supposed result in spite of the +assumed moral and natural obstacles to its accomplishment and of the more +numerous population of the Northern States? The argument of those who +advocate the enactment of new laws of restriction and condemn the repeal of +old ones in effect avers that their particular views of government have no +self-extending or self-sustaining power of their own, and will go nowhere +unless forced by act of Congress. And if Congress do but pause for a moment +in the policy of stern coercion; if it venture to try the experiment of +leaving men to judge for themselves what institutions will best suit them; +if it be not strained up to perpetual legislative exertion on this +point--if Congress proceed thus to act in the very spirit of liberty, it is +at once charged with aiming to extend slave labor into all the new +Territories of the United States. +</p> + +<p> +Of course these imputations on the intentions of Congress in this respect, +conceived, as they were, in prejudice and disseminated in passion, are +utterly destitute of any justification in the nature of things and contrary +to all the fundamental doctrines and principles of civil liberty and +self-government. +</p> + +<p> +While, therefore, in general, the people of the Northern States have never +at any time arrogated for the Federal Government the power to interfere +directly with the domestic condition of persons in the Southern States, +but, on the contrary, have disavowed all such intentions and have shrunk +from conspicuous affiliation with those few who pursue their fanatical +objects avowedly through the contemplated means of revolutionary change of +the Government and with acceptance of the necessary consequences--a civil +and servile war--yet many citizens have suffered themselves to be drawn +into one evanescent political issue of agitation after another, +appertaining to the same set of opinions, and which subsided as rapidly as +they arose when it came to be seen, as it uniformly did, that they were +incompatible with the compacts of the Constitution and the existence of the +Union. Thus when the acts of some of the States to nullify the existing +extradition law imposed upon Congress the duty of passing a new one, the +country was invited by agitators to enter into party organization for its +repeal; but that agitation speedily ceased by reason of the +impracticability of its object. So when the statute restriction upon the +institutions of new States by a geographical line had been repealed, the +country was urged to demand its restoration, and that project also died +almost with its birth. Then followed the cry of alarm from the North +against imputed Southern encroachments, which cry sprang in reality from +the spirit of revolutionary attack on the domestic institutions of the +South, and, after a troubled existence of a few months, has been rebuked by +the voice of a patriotic people. +</p> + +<p> +Of this last agitation, one lamentable feature was that it was carried on +at the immediate expense of the peace and happiness of the people of the +Territory of Kansas. That was made the battlefield, not so much of opposing +factions or interests within itself as of the conflicting passions of the +whole people of the United States. Revolutionary disorder in Kansas had its +origin in projects of intervention deliberately arranged by certain members +of that Congress which enacted the law for the organization of the +Territory; and when propagandist colonization of Kansas had thus been +undertaken in one section of the Union for the systematic promotion of its +peculiar views of policy there ensued as a matter of course a counteraction +with opposite views in other sections of the Union. +</p> + +<p> +In consequence of these and other incidents, many acts of disorder, it is +undeniable, have been perpetrated in Kansas, to the occasional interruption +rather than the permanent suspension of regular government. Aggressive and +most reprehensible incursions into the Territory were undertaken both in +the North and the South, and entered it on its northern border by the way +of Iowa, as well as on the eastern by way of Missouri; and there has +existed within it a state of insurrection against the constituted +authorities, not without countenance from inconsiderate persons in each of +the great sections of the Union. But the difficulties in that Territory +have been extravagantly exaggerated for purposes of political agitation +elsewhere. The number and gravity of the acts of violence have been +magnified partly by statements entirely untrue and partly by reiterated +accounts of the same rumors or facts. Thus the Territory has been seemingly +filled with extreme violence, when the whole amount of such acts has not +been greater than what occasionally passes before us in single cities to +the regret of all good citizens, but without being regarded as of general +or permanent political consequence. +</p> + +<p> +Imputed irregularities in the elections had in Kansas, like occasional +irregularities of the same description in the States, were beyond the +sphere of action of the Executive. But incidents of actual violence or of +organized obstruction of law, pertinaciously renewed from time to time, +have been met as they occurred by such means as were available and as the +circumstances required, and nothing of this character now remains to affect +the general peace of the Union. The attempt of a part of the inhabitants of +the Territory to erect a revolutionary government, though sedulously +encouraged and supplied with pecuniary aid from active agents of disorder +in some of the States, has completely failed. Bodies of armed men, foreign +to the Territory, have been prevented from entering or compelled to leave +it; predatory bands, engaged in acts of rapine under cover of the existing +political disturbances, have been arrested or dispersed, and every +well-disposed person is now enabled once more to devote himself in peace to +the pursuits of prosperous industry, for the prosecution of which he +undertook to participate in the settlement of the Territory. +</p> + +<p> +It affords me unmingled satisfaction thus to announce the peaceful +condition of things in Kansas, especially considering the means to which it +was necessary to have recourse for the attainment of the end, namely, the +employment of a part of the military force of the United States. The +withdrawal of that force from its proper duty of defending the country +against foreign foes or the savages of the frontier to employ it for the +suppression of domestic insurrection is, when the exigency occurs, a matter +of the most earnest solicitude. On this occasion of imperative necessity it +has been done with the best results, and my satisfaction in the attainment +of such results by such means is greatly enhanced by the consideration +that, through the wisdom and energy of the present executive of Kansas and +the prudence, firmness, and vigilance of the military officers on duty +there tranquillity has been restored without one drop of blood having been +shed in its accomplishment by the forces of the United States. +</p> + +<p> +The restoration of comparative tranquillity in that Territory furnishes the +means of observing calmly and appreciating at their just value the events +which have occurred there and the discussions of which the government of +the Territory has been the subject. We perceive that controversy concerning +its future domestic institutions was inevitable; that no human prudence, no +form of legislation, no wisdom on the part of Congress, could have +prevented it. +</p> + +<p> +It is idle to suppose that the particular provisions of their organic law +were the cause of agitation. Those provisions were but the occasion, or the +pretext, of an agitation which was inherent in the nature of things. +Congress legislated upon the subject in such terms as were most consonant +with the principle of popular sovereignty which underlies our Government. +It could not have legislated otherwise without doing violence to another +great principle of our institutions--the imprescriptible right of equality +of the several States. +</p> + +<p> +We perceive also that sectional interests and party passions have been the +great impediment to the salutary operation of the organic principles +adopted and the chief cause of the successive disturbances in Kansas. The +assumption that because in the organization of the Territories of Nebraska +and Kansas Congress abstained from imposing restraints upon them to which +certain other Territories had been subject, therefore disorders occurred in +the latter Territory, is emphatically contradicted by the fact that none +have occurred in the former. Those disorders were not the consequence, in +Kansas, of the freedom of self-government conceded to that Territory by +Congress, but of unjust interference on the part of persons not inhabitants +of the Territory. Such interference, wherever it has exhibited itself by +acts of insurrectionary character or of obstruction to process of law, has +been repelled or suppressed by all the means which the Constitution and the +laws place in the hands of the Executive. +</p> + +<p> +In those parts of the United States where, by reason of the inflamed state +of the public mind, false rumors and misrepresentations have the greatest +currency it has been assumed that it was the duty of the Executive not only +to suppress insurrectionary movements in Kansas, but also to see to the +regularity of local elections. It needs little argument to show that the +President has no such power. All government in the United States rests +substantially upon popular election. The freedom of elections is liable to +be impaired by the intrusion of unlawful votes or the exclusion of lawful +ones, by improper influences, by violence, or by fraud. But the people of +the United States are themselves the all sufficient guardians of their own +rights, and to suppose that they will not remedy in due season any such +incidents of civil freedom is to suppose them to have ceased to be capable +of self-government. The President of the United States has not power to +interpose in elections, to see to their freedom, to canvass their votes, or +to pass upon their legality in the Territories any more than in the States. +If he had such power the Government might be republican in form, but it +would be a monarchy in fact; and if he had undertaken to exercise it in the +case of Kansas he would have been justly subject to the charge of +usurpation and of violation of the dearest rights of the people of the +United States. +</p> + +<p> +Unwise laws, equally with irregularities at elections, are in periods of +great excitement the occasional incidents of even the freest and best +political institutions; but all experience demonstrates that in a country +like ours, where the right of self-constitution exists in the completest +form, the attempt to remedy unwise legislation by resort to revolution is +totally out of place, inasmuch as existing legal institutions afford more +prompt and efficacious means for the redress of wrong. +</p> + +<p> +I confidently trust that now, when the peaceful condition of Kansas affords +opportunity for calm reflection and wise legislation, either the +legislative assembly of the Territory or Congress will see that no act +shall remain on its statute book violative of the provisions of the +Constitution or subversive of the great objects for which that was ordained +and established, and will take all other necessary steps to assure to its +inhabitants the enjoyment, without obstruction or abridgment, of all the +constitutional rights, privileges, and immunities of citizens of the United +States, as contemplated by the organic law of the Territory. +</p> + +<p> +Full information in relation to recent events in this Territory will be +found in the documents communicated herewith from the Departments of State +and War. +</p> + +<p> +I refer you to the report of the Secretary of the Treasury for particular +information concerning the financial condition of the Government and the +various branches of the public service connected with the Treasury +Department. +</p> + +<p> +During the last fiscal year the receipts from customs were for the first +time more than $64,000,000, and from all sources $73,918,141, which, with +the balance on hand up to the 1st of July, 1855, made the total resources +of the year amount to $92,850,117. The expenditures, including $3,000,000 +in execution of the treaty with Mexico and excluding sums paid on account +of the public debt, amounted to $60,172,401, and including the latter to +$72,948,792, the payment on this account having amounted to $12,776,390. +</p> + +<p> +On the 4th of March, 1853, the amount of the public debt was $69,129,937. +There was a subsequent increase of $2,750,000 for the debt of Texas, making +a total of $71,879,937. Of this the sum of $45,525,319, including premium, +has been discharged, reducing the debt to $30,963,909, all which might be +paid within a year without embarrassing the public service, but being not +yet due and only redeemable at the option of the holder, can not be pressed +to payment by the Government. +</p> + +<p> +On examining the expenditures of the last five years it will be seen that +the average, deducting payments on account of the public debt and +$10,000,000 paid by treaty to Mexico, has been but about $48,000,000. It is +believed that under an economical administration of the Government the +average expenditure for the ensuing five years will not exceed that sum, +unless extraordinary occasion for its increase should occur. The acts +granting bounty lands will soon have been executed, while the extension of +our frontier settlements will cause a continued demand for lands and +augmented receipts, probably, from that source. These considerations will +justify a reduction of the revenue from customs so as not to exceed +forty-eight or fifty million dollars. I think the exigency for such +reduction is imperative, and again urge it upon the consideration of +Congress. +</p> + +<p> +The amount of reduction, as well as the manner of effecting it, are +questions of great and general interest, it being essential to industrial +enterprise and the public prosperity, as well as the dictate of obvious +justice, that the burden of taxation be made to rest as equally as possible +upon all classes and all sections and interests of the country. +</p> + +<p> +I have heretofore recommended to your consideration the revision of the +revenue laws, prepared under the direction of the Secretary of the +Treasury, and also legislation upon some special questions affecting the +business of that Department, more especially the enactment of a law to +punish the abstraction of official books or papers from the files of the +Government and requiring all such books and papers and all other public +property to be turned over by the outgoing officer to his successor; of a +law requiring disbursing officers to deposit all public money in the vaults +of the Treasury or in other legal depositories, where the same are +conveniently accessible, and a law to extend existing penal provisions to +all persons who may become possessed of public money by deposit or +otherwise and who shall refuse or neglect on due demand to pay the same +into the Treasury. I invite your attention anew to each of these objects. +</p> + +<p> +The Army during the past year has been so constantly employed against +hostile Indians in various quarters that it can scarcely be said, with +propriety of language, to have been a peace establishment. Its duties have +been satisfactorily performed, and we have reason to expect as a result of +the year's operations greater security to the frontier inhabitants than has +been hitherto enjoyed. Extensive combinations among the hostile Indians of +the Territories of Washington and Oregon at one time threatened the +devastation of the newly formed settlements of that remote portion of the +country. From recent information we are permitted to hope that the +energetic and successful operations conducted there will prevent such +combinations in future and secure to those Territories an opportunity to +make steady progress in the development of their agricultural and mineral +resources. +</p> + +<p> +Legislation has been recommended by me on previous occasions to cure +defects in the existing organization and to increase the efficiency of the +Army, and further observation has but served to confirm me in the views +then expressed and to enforce on my mind the conviction that such measures +are not only proper, but necessary. +</p> + +<p> +I have, in addition, to invite the attention of Congress to a change of +policy in the distribution of troops and to the necessity of providing a +more rapid increase of the military armament. For details of these and +other subjects relating to the Army I refer to the report of the Secretary +of War. +</p> + +<p> +The condition of the Navy is not merely satisfactory, but exhibits the most +gratifying evidences of increased vigor. As it is comparatively small, it +is more important that it should be as complete as possible in all the +elements of strength; that it should be efficient in the character of its +officers, in the zeal and discipline of its men, in the reliability of its +ordnance, and in the capacity of its ships. In all these various qualities +the Navy has made great progress within the last few years. The execution +of the law of Congress of February 28, 1855, "to promote the efficiency of +the Navy," has been attended by the most advantageous results. The law for +promoting discipline among the men is found convenient and salutary. The +system of granting an honorable discharge to faithful seamen on the +expiration of the period of their enlistment and permitting them to +reenlist after a leave of absence of a few months without cessation of pay +is highly beneficial in its influence. The apprentice system recently +adopted is evidently destined to incorporate into the service a large +number of our countrymen, hitherto so difficult to procure. Several hundred +American boys are now on a three years' cruise in our national vessels and +will return well-trained seamen. In the Ordnance Department there is a +decided and gratifying indication of progress, creditable to it and to the +country. The suggestions of the Secretary of the Navy in regard to further +improvement in that branch of the service I commend to your favorable +action. The new frigates ordered by Congress are now afloat and two of them +in active service. They are superior models of naval architecture, and with +their formidable battery add largely to public strength and security. I +concur in the views expressed by the Secretary of the Department in favor +of a still further increase of our naval force. +</p> + +<p> +The report of the Secretary of the Interior presents facts and views in +relation to internal affairs over which the supervision of his Department +extends of much interest and importance. +</p> + +<p> +The aggregate sales of the public lands during the last fiscal year amount +to 9,227,878 acres, for which has been received the sum of $8,821,414. +During the same period there have been located with military scrip and land +warrants and for other purposes 30,100,230 acres, thus making a total +aggregate of 39,328,108 acres. On the 30th of September last surveys had +been made of 16,873,699 acres, a large proportion of which is ready for +market. +</p> + +<p> +The suggestions in this report in regard to the complication and +progressive expansion of the business of the different bureaus of the +Department, to the pension system, to the colonization of Indian tribes, +and the recommendations in relation to various improvements in the District +of Columbia are especially commended to your consideration. +</p> + +<p> +The report of the Postmaster-General presents fully the condition of that +Department of the Government. Its expenditures for the last fiscal year +were $10,407,868 and its gross receipts $7,620,801, making an excess of +expenditure over receipts of $2,787,046. The deficiency of this Department +is thus $744,000 greater than for the year ending June 30, 1853. Of this +deficiency $330,000 is to be attributed to the additional compensation +allowed to postmasters by the act of Congress of June 22, 1854. The mail +facilities in every part of the country have been very much increased in +that period, and the large addition of railroad service, amounting to 7,908 +miles, has added largely to the cost of transportation. +</p> + +<p> +The inconsiderable augmentation of the income of the Post-Office Department +under the reduced rates of postage and its increasing expenditures must for +the present make it dependent to some extent upon the Treasury for support. +The recommendations of the Postmaster-General in relation to the abolition +of the franking privilege and his views on the establishment of mail +steamship lines deserve the consideration of Congress. I also call the +special attention of Congress to the statement of the Postmaster-General +respecting the sums now paid for the transportation of mails to the Panama +Railroad Company, and commend to their early and favorable consideration +the suggestions of that officer in relation to new contracts for mail +transportation upon that route, and also upon the Tehuantepec and Nicaragua +routes. +</p> + +<p> +The United States continue in the enjoyment of amicable relations with all +foreign powers. +</p> + +<p> +When my last annual message was transmitted to Congress two subjects of +controversy, one relating to the enlistment of soldiers in this country for +foreign service and the other to Central America, threatened to disturb the +good understanding between the United States and Great Britain. Of the +progress and termination of the former question you were informed at the +time, and the other is now in the way of satisfactory adjustment. +</p> + +<p> +The object of the convention between the United States and Great Britain of +the 19th of April, 1850, was to secure for the benefit of all nations the +neutrality and the common use of any transit way or interoceanic +communication across the Isthmus of Panama which might be opened within the +limits of Central America. The pretensions subsequently asserted by Great +Britain to dominion or control over territories in or near two of the +routes, those of Nicaragua and Honduras, were deemed by the United States +not merely incompatible with the main object of the treaty, but opposed +even to its express stipulations. Occasion of controversy on this point has +been removed by an additional treaty, which our minister at London has +concluded, and which will be immediately submitted to the Senate for its +consideration. Should the proposed supplemental arrangement be concurred in +by all the parties to be affected by it, the objects contemplated by the +original convention will have been fully attained. +</p> + +<p> +The treaty between the United States and Great Britain of the 5th of June, +1854, which went into effective operation in 1855, put an end to causes of +irritation between the two countries, by securing to the United States the +right of fishery on the coast of the British North American Provinces, with +advantages equal to those enjoyed by British subjects. Besides the signal +benefits of this treaty to a large class of our citizens engaged in a +pursuit connected to no inconsiderable degree with our national prosperity +and strength, it has had a favorable effect upon other interests in the +provision it made for reciprocal freedom of trade between the United States +and the British Provinces in America. The exports of domestic articles to +those Provinces during the last year amounted to more than $22,000,000, +exceeding those of the preceding year by nearly $7,000,000; and the imports +therefrom during the same period amounted to more than twenty-one million, +an increase of six million upon those of the previous year. +</p> + +<p> +The improved condition of this branch of our commerce is mainly +attributable to the above-mentioned treaty. +</p> + +<p> +Provision was made in the first article of that treaty for a commission to +designate the mouths of rivers to which the common right of fishery on the +coast of the United States and the British Provinces was not to extend. +This commission has been employed a part of two seasons, but without much +progress in accomplishing the object for which it was instituted, in +consequence of a serious difference of opinion between the commissioners, +not only as to the precise point where the rivers terminate, but in many +instances as to what constitutes a river. These difficulties, however, may +be overcome by resort to the umpirage provided for by the treaty. +</p> + +<p> +The efforts perseveringly prosecuted since the commencement of my +Administration to relieve our trade to the Baltic from the exaction of +Sound dues by Denmark have not yet been attended with success. Other +governments have also sought to obtain a like relief to their commerce, and +Denmark was thus induced to propose an arrangement to all the European +powers interested in the subject, and the manner in which her proposition +was received warranting her to believe that a satisfactory arrangement with +them could soon be concluded, she made a strong appeal to this Government +for temporary suspension of definite action on its part, in consideration +of the embarrassment which might result to her European negotiations by an +immediate adjustment of the question with the United States. This request +has been acceded to upon the condition that the sums collected after the +16th of June last and until the 16th of June next from vessels and cargoes +belonging to our merchants are to be considered as paid under protest and +subject to future adjustment. There is reason to believe that an +arrangement between Denmark and the maritime powers of Europe on the +subject will be soon concluded, and that the pending negotiation with the +United States may then be resumed and terminated in a satisfactory manner. +</p> + +<p> +With Spain no new difficulties have arisen, nor has much progress been made +in the adjustment of pending ones. +</p> + +<p> +Negotiations entered into for the purpose of relieving our commercial +intercourse with the island of Cuba of some of its burdens and providing +for the more speedy settlement of local disputes growing out of that +intercourse have not yet been attended with any results. Soon after the +commencement of the late war in Europe this Government submitted to the +consideration of all maritime nations two principles for the security of +neutral commerce--one that the neutral flag should cover enemies' goods, +except articles contraband of war, and the other that neutral property on +board merchant vessels of belligerents should be exempt from condemnation, +with the exception of contraband articles. These were not presented as new +rules of international law, having been generally claimed by neutrals, +though not always admitted by belligerents. One of the parties to the war +(Russia), as well as several neutral powers, promptly acceded to these +propositions, and the two other principal belligerents (Great Britain and +France) having consented to observe them for the present occasion, a +favorable opportunity seemed to be presented for obtaining a general +recognition of them, both in Europe and America. But Great Britain and +France, in common with most of the States of Europe, while forbearing to +reject, did not affirmatively act upon the overtures of the United States. +</p> + +<p> +While the question was in this position the representatives of Russia, +France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled at +Paris, took into consideration the subject of maritime rights, and put +forth a declaration containing the two principles which this Government had +submitted nearly two years before to the consideration of maritime powers, +and adding thereto the following propositions: "Privateering is and remains +abolished," and "Blockades in order to be binding must be effective; that +is to say, maintained by a force sufficient really to prevent access to the +coast of the enemy;" and to the declaration thus composed of four points, +two of which had already been proposed by the United States, this +Government has been invited to accede by all the powers represented at +Paris except Great Britain and Turkey. To the last of the two additional +propositions--that in relation to blockades--there can certainly be no +objection. It is merely the definition of what shall constitute the +effectual investment of a blockaded place, a definition for which this +Government has always contended, claiming indemnity for losses where a +practical violation of the rule thus defined has been injurious to our +commerce. As to the remaining article of the declaration of the conference +of Paris, that "privateering is and remains abolished," I certainly can not +ascribe to the powers represented in the conference of Paris any but +liberal and philanthropic views in the attempt to change the unquestionable +rule of maritime law in regard to privateering. Their proposition was +doubtless intended to imply approval of the principle that private property +upon the ocean, although it might belong to the citizens of a belligerent +state, should be exempted from capture; and had that proposition been so +framed as to give full effect to the principle, it would have received my +ready assent on behalf of the United States. But the measure proposed is +inadequate to that purpose. It is true that if adopted private property +upon the ocean would be withdrawn from one mode of plunder, but left +exposed meanwhile to another mode, which could be used with increased +effectiveness. The aggressive capacity of great naval powers would be +thereby augmented, while the defensive ability of others would be reduced. +Though the surrender of the means of prosecuting hostilities by employing +privateers, as proposed by the conference of Paris, is mutual in terms, yet +in practical effect it would be the relinquishment of a right of little +value to one class of states, but of essential importance to another and a +far larger class. It ought not to have been anticipated that a measure so +inadequate to the accomplishment of the proposed object and so unequal in +its operation would receive the assent of all maritime powers. Private +property would be still left to the depredations of the public armed +cruisers. +</p> + +<p> +I have expressed a readiness on the part of this Government to accede to +all the principles contained in the declaration of the conference of Paris +provided that the one relating to the abandonment of privateering can be so +amended as to effect the object for which, as is presumed, it was +intended--the immunity of private property on the ocean from hostile +capture. To effect this object, it is proposed to add to the declaration +that "privateering is and remains abolished" the following amendment: +</p> + +<p> +And that the private property of subjects and citizens of a belligerent on +the high seas shall be exempt from seizure by the public armed vessels of +the other belligerent, except it be contraband. +</p> + +<p> +This amendment has been presented not only to the powers which have asked +our assent to the declaration to abolish privateering, but to all other +maritime states. Thus far it has not been rejected by any, and is favorably +entertained by all which have made any communication in reply. +</p> + +<p> +Several of the governments regarding with favor the proposition of the +United States have delayed definitive action upon it only for the purpose +of consulting with others, parties to the conference of Paris. I have the +satisfaction of stating, however, that the Emperor of Russia has entirely +and explicitly approved of that modification and will cooperate in +endeavoring to obtain the assent of other powers, and that assurances of a +similar purport have been received in relation to the disposition of the +Emperor of the French. The present aspect of this important subject allows +us to cherish the hope that a principle so humane in its character, so just +and equal in its operation, so essential to the prosperity of commercial +nations, and so consonant to the sentiments of this enlightened period of +the world will command the approbation of all maritime powers, and thus be +incorporated into the code of international law. +</p> + +<p> +My views on the subject are more fully set forth in the reply of the +Secretary of State, a copy of which is herewith transmitted, to the +communications on the subject made to this Government, especially to the +communication of France. +</p> + +<p> +The Government of the United States has at all times regarded with friendly +interest the other States of America, formerly, like this country, European +colonies, and now independent members of the great family of nations. But +the unsettled condition of some of them, distracted by frequent +revolutions, and thus incapable of regular and firm internal +administration, has tended to embarrass occasionally our public intercourse +by reason of wrongs which our citizens suffer at their hands, and which +they are slow to redress. +</p> + +<p> +Unfortunately, it is against the Republic of Mexico, with which it is our +special desire to maintain a good understanding, that such complaints are +most numerous; and although earnestly urged upon its attention, they have +not as yet received the consideration which this Government had a right to +expect. While reparation for past injuries has been withheld, others have +been added. The political condition of that country, however, has been such +as to demand forbearance on the part of the United States. I shall continue +my efforts to procure for the wrongs of our citizens that redress which is +indispensable to the continued friendly association of the two Republics. +</p> + +<p> +The peculiar condition of affairs in Nicaragua in the early part of the +present year rendered it important that this Government should have +diplomatic relations with that State. Through its territory had been opened +one of the principal thoroughfares across the isthmus connecting North and +South America, on which a vast amount of property was transported and to +which our citizens resorted in great numbers in passing between the +Atlantic and Pacific coasts of the United States. The protection of both +required that the existing power in that State should be regarded as a +responsible Government, and its minister was accordingly received. But he +remained here only a short time. Soon thereafter the political affairs of +Nicaragua underwent unfavorable change and became involved in much +uncertainty and confusion. Diplomatic representatives from two contending +parties have been recently sent to this Government, but with the imperfect +information possessed it was not possible to decide which was the +Government de facto, and, awaiting further developments, I have refused to +receive either. +</p> + +<p> +Questions of the most serious nature are pending between the United States +and the Republic of New Granada. The Government of that Republic undertook +a year since to impose tonnage duties on foreign vessels in her ports, but +the purpose was resisted by this Government as being contrary to existing +treaty stipulations with the United States and to rights conferred by +charter upon the Panama Railroad Company, and was accordingly refurbished +at that time, it being admitted that our vessels were entitled to be exempt +from tonnage duty in the free ports of Panama and Aspinwall. But the +purpose has been recently revived on the part of New Granada by the +enactment of a law to subject vessels visiting her ports to the tonnage +duty of 40 cents per ton, and although the law has not been put in force, +yet the right to enforce it is still asserted and may at any time be acted +on by the Government of that Republic. +</p> + +<p> +The Congress of New Granada has also enacted a law during the last year +which levies a tax of more than $3 on every pound of mail matter +transported across the Isthmus. The sum thus required to be paid on the +mails of the United States would be nearly $2,000,000 annually in addition +to the large sum payable by contract to the Panama Railroad Company. If the +only objection to this exaction were the exorbitancy of its amount, it +could not be submitted to by the United States. +</p> + +<p> +The imposition of it, however, would obviously contravene our treaty with +New Granada and infringe the contract of that Republic with the Panama +Railroad Company. The law providing for this tax was by its terms to take +effect on the 1st of September last, but the local authorities on the +Isthmus have been induced to suspend its execution and to await further +instructions on the subject from the Government of the Republic. I am not +yet advised of the determination of that Government. If a measure so +extraordinary in its character and so clearly contrary to treaty +stipulations and the contract rights of the Panama Railroad Company, +composed mostly of American citizens, should be persisted in, it will be +the duty of the United States to resist its execution. +</p> + +<p> +I regret exceedingly that occasion exists to invite your attention to a +subject of still graver import in our relations with the Republic of New +Granada. On the 15th day of April last a riotous assemblage of the +inhabitants of Panama committed a violent and outrageous attack on the +premises of the railroad company and the passengers and other persons in or +near the same, involving the death of several citizens of the United +States, the pillage of many others, and the destruction of a large amount +of property belonging to the railroad company. I caused full investigation +of that event to be made, and the result shows satisfactorily that complete +responsibility for what occurred attaches to the Government of New Granada. +I have therefore demanded of that Government that the perpetrators of the +wrongs in question should be punished; that provision should be made for +the families of citizens of the United States who were killed, with full +indemnity for the property pillaged or destroyed. +</p> + +<p> +The present condition of the Isthmus of Panama, in so far as regards the +security of persons and property passing over it, requires serious +consideration. Recent incidents tend to show that the local authorities can +not be relied on to maintain the public peace of Panama, and there is just +ground for apprehension that a portion of the inhabitants are meditating +further outrages, without adequate measures for the security and protection +of persons or property having been taken, either by the State of Panama or +by the General Government of New Granada. Under the guaranties of treaty, +citizens of the United States have, by the outlay of several million +dollars, constructed a railroad across the Isthmus, and it has become the +main route between our Atlantic and Pacific possessions, over which +multitudes of our citizens and a vast amount of property are constantly +passing; to the security and protection of all which and the continuance of +the public advantages involved it is impossible for the Government of the +United States to be indifferent. +</p> + +<p> +I have deemed the danger of the recurrence of scenes of lawless violence in +this quarter so imminent as to make it my duty to station a part of our +naval force in the harbors of Panama and Aspinwall, in order to protect the +persons and property of the citizens of the United States in those ports +and to insure to them safe passage across the Isthmus. And it would, in my +judgment, be unwise to withdraw the naval force now in those ports until, +by the spontaneous action of the Republic of New Granada or otherwise, some +adequate arrangement shall have been made for the protection and security +of a line of interoceanic communication, so important at this time not to +the United States only, but to all other maritime states, both of Europe +and America. +</p> + +<p> +Meanwhile negotiations have been instituted, by means of a special +commission, to obtain from New Granada full indemnity for injuries +sustained by our citizens on the Isthmus and satisfactory security for the +general interests of the United States. +</p> + +<p> +In addressing to you my last annual message the occasion seems to me an +appropriate one to express my congratulations, in view of the peace, +greatness, and felicity which the United States now possess and enjoy. To +point you to the state of the various Departments of the Government and of +all the great branches of the public service, civil and military, in order +to speak of the intelligence and the integrity which pervades the whole, +would be to indicate but imperfectly the administrative condition of the +country and the beneficial effects of that on the general welfare. Nor +would it suffice to say that the nation is actually at peace at home and +abroad; that its industrial interests are prosperous; that the canvas of +its mariners whitens every sea, and the plow of its husbandmen is marching +steadily onward to the bloodless conquest of the continent; that cities and +populous States are springing up, as if by enchantment, from the bosom of +oar Western wilds, and that the courageous energy of our people is making +of these United States the great Republic of the world. These results have +not been attained without passing through trials and perils, by experience +of which, and thus only, nations can harden into manhood. Our forefathers +were trained to the wisdom which conceived and the courage which achieved +independence by the circumstances which surrounded them, and they were thus +made capable of the creation of the Republic. It devolved on the next +generation to consolidate the work of the Revolution, to deliver the +country entirely from the influences of conflicting transatlantic +partialities or antipathies which attached to our colonial and +Revolutionary history, and to organize the practical operation of the +constitutional and legal institutions of the Union. To us of this +generation remains the not less noble task of maintaining and extending the +national power. We have at length reached that stage of our country's +career in which the dangers to be encountered and the exertions to be made +are the incidents, not of weakness, but of strength. In foreign relations +we have to attemper our power to the less happy condition of other +Republics in America and to place ourselves in the calmness and conscious +dignity of right by the side of the greatest and wealthiest of the Empires +of Europe. In domestic relations we have to guard against the shock of the +discontents, the ambitions, the interests, and the exuberant, and therefore +sometimes irregular, impulses of opinion or of action which are the natural +product of the present political elevation, the self-reliance, and the +restless spirit of enterprise of the people of the United States. +</p> + +<p> +I shall prepare to surrender the Executive trust to my successor and retire +to private life with sentiments of profound gratitude to the good +Providence which during the period of my Administration has vouchsafed to +carry the country through many difficulties, domestic and foreign, and +which enables me to contemplate the spectacle of amicable and respectful +relations between ours and all other governments and the establishment of +constitutional order and tranquillity throughout the Union. +</p> + +<p><br /><br /><br /><br /></p> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's State of the Union Addresses, by Franklin Pierce + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5022-h.htm or 5022-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/2/5022/ + +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. Special rules, set forth in the General Terms of Use part +of this license, apply to copying and distributing Project +Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm +concept and trademark. Project Gutenberg is a registered trademark, +and may not be used if you charge for the eBooks, unless you receive +specific permission. If you do not charge anything for copies of this +eBook, complying with the rules is very easy. You may use this eBook +for nearly any purpose such as creation of derivative works, reports, +performances and research. They may be modified and printed and given +away--you may do practically ANYTHING in the United States with eBooks +not protected by U.S. copyright law. Redistribution is subject to the +trademark license, especially commercial redistribution. + +START: FULL LICENSE + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full +Project Gutenberg-tm License available with this file or online at +www.gutenberg.org/license. + +Section 1. General Terms of Use and Redistributing Project +Gutenberg-tm electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or +destroy all copies of Project Gutenberg-tm electronic works in your +possession. If you paid a fee for obtaining a copy of or access to a +Project Gutenberg-tm electronic work and you do not agree to be bound +by the terms of this agreement, you may obtain a refund from the +person or entity to whom you paid the fee as set forth in paragraph +1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this +agreement and help preserve free future access to Project Gutenberg-tm +electronic works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the +Foundation" or PGLAF), owns a compilation copyright in the collection +of Project Gutenberg-tm electronic works. Nearly all the individual +works in the collection are in the public domain in the United +States. If an individual work is unprotected by copyright law in the +United States and you are located in the United States, we do not +claim a right to prevent you from copying, distributing, performing, +displaying or creating derivative works based on the work as long as +all references to Project Gutenberg are removed. Of course, we hope +that you will support the Project Gutenberg-tm mission of promoting +free access to electronic works by freely sharing Project Gutenberg-tm +works in compliance with the terms of this agreement for keeping the +Project Gutenberg-tm name associated with the work. You can easily +comply with the terms of this agreement by keeping this work in the +same format with its attached full Project Gutenberg-tm License when +you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are +in a constant state of change. If you are outside the United States, +check the laws of your country in addition to the terms of this +agreement before downloading, copying, displaying, performing, +distributing or creating derivative works based on this work or any +other Project Gutenberg-tm work. The Foundation makes no +representations concerning the copyright status of any work in any +country outside the United States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other +immediate access to, the full Project Gutenberg-tm License must appear +prominently whenever any copy of a Project Gutenberg-tm work (any work +on which the phrase "Project Gutenberg" appears, or with which the +phrase "Project Gutenberg" is associated) is accessed, displayed, +performed, viewed, copied or distributed: + + 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. + +1.E.2. If an individual Project Gutenberg-tm electronic work is +derived from texts not protected by U.S. copyright law (does not +contain a notice indicating that it is posted with permission of the +copyright holder), the work can be copied and distributed to anyone in +the United States without paying any fees or charges. If you are +redistributing or providing access to a work with the phrase "Project +Gutenberg" associated with or appearing on the work, you must comply +either with the requirements of paragraphs 1.E.1 through 1.E.7 or +obtain permission for the use of the work and the Project Gutenberg-tm +trademark as set forth in paragraphs 1.E.8 or 1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any +additional terms imposed by the copyright holder. Additional terms +will be linked to the Project Gutenberg-tm License for all works +posted with the permission of the copyright holder found at the +beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including +any word processing or hypertext form. However, if you provide access +to or distribute copies of a Project Gutenberg-tm work in a format +other than "Plain Vanilla ASCII" or other format used in the official +version posted on the official Project Gutenberg-tm web site +(www.gutenberg.org), you must, at no additional cost, fee or expense +to the user, provide a copy, a means of exporting a copy, or a means +of obtaining a copy upon request, of the work in its original "Plain +Vanilla ASCII" or other form. Any alternate format must include the +full Project Gutenberg-tm License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works +provided that + +* You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is owed + to the owner of the Project Gutenberg-tm trademark, but he has + agreed to donate royalties under this paragraph to the Project + Gutenberg Literary Archive Foundation. Royalty payments must be paid + within 60 days following each date on which you prepare (or are + legally required to prepare) your periodic tax returns. Royalty + payments should be clearly marked as such and sent to the Project + Gutenberg Literary Archive Foundation at the address specified in + Section 4, "Information about donations to the Project Gutenberg + Literary Archive Foundation." + +* You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or destroy all + copies of the works possessed in a physical medium and discontinue + all use of and all access to other copies of Project Gutenberg-tm + works. + +* You provide, in accordance with paragraph 1.F.3, a full refund of + any money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days of + receipt of the work. + +* You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project +Gutenberg-tm electronic work or group of works on different terms than +are set forth in this agreement, you must obtain permission in writing +from both the Project Gutenberg Literary Archive Foundation and The +Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm +trademark. Contact the Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +works not protected by U.S. copyright law in creating the Project +Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm +electronic works, and the medium on which they may be stored, may +contain "Defects," such as, but not limited to, incomplete, inaccurate +or corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged disk or +other medium, a computer virus, or computer codes that damage or +cannot be read by your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium +with your written explanation. The person or entity that provided you +with the defective work may elect to provide a replacement copy in +lieu of a refund. If you received the work electronically, the person +or entity providing it to you may choose to give you a second +opportunity to receive the work electronically in lieu of a refund. If +the second copy is also defective, you may demand a refund in writing +without further opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO +OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of +damages. If any disclaimer or limitation set forth in this agreement +violates the law of the state applicable to this agreement, the +agreement shall be interpreted to make the maximum disclaimer or +limitation permitted by the applicable state law. The invalidity or +unenforceability of any provision of this agreement shall not void the +remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in +accordance with this agreement, and any volunteers associated with the +production, promotion and distribution of Project Gutenberg-tm +electronic works, harmless from all liability, costs and expenses, +including legal fees, that arise directly or indirectly from any of +the following which you do or cause to occur: (a) distribution of this +or any Project Gutenberg-tm work, (b) alteration, modification, or +additions or deletions to any Project Gutenberg-tm work, and (c) any +Defect you cause. + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of +computers including obsolete, old, middle-aged and new computers. It +exists because of the efforts of hundreds of volunteers and donations +from people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future +generations. To learn more about the Project Gutenberg Literary +Archive Foundation and how your efforts and donations can help, see +Sections 3 and 4 and the Foundation information page at +www.gutenberg.org + + + +Section 3. Information about the Project Gutenberg Literary Archive Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Contributions to the Project Gutenberg Literary +Archive Foundation are tax deductible to the full extent permitted by +U.S. federal laws and your state's laws. + +The Foundation's principal office is in Fairbanks, Alaska, with the +mailing address: PO Box 750175, Fairbanks, AK 99775, but its +volunteers and employees are scattered throughout numerous +locations. Its business office is located at 809 North 1500 West, Salt +Lake City, UT 84116, (801) 596-1887. Email contact links and up to +date contact information can be found at the Foundation's web site and +official page at www.gutenberg.org/contact + +For additional contact information: + + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To SEND +DONATIONS or determine the status of compliance for any particular +state visit www.gutenberg.org/donate + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. To +donate, please visit: www.gutenberg.org/donate + +Section 5. General Information About Project Gutenberg-tm electronic works. + +Professor Michael S. Hart was the originator of the Project +Gutenberg-tm concept of a library of electronic works that could be +freely shared with anyone. For forty years, he produced and +distributed Project Gutenberg-tm eBooks with only a loose network of +volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as not protected by copyright in +the U.S. unless a copyright notice is included. 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/5022.txt b/5022.txt new file mode 100644 index 0000000..fc86f46 --- /dev/null +++ b/5022.txt @@ -0,0 +1,4379 @@ +Project Gutenberg's State of the Union Addresses, by Franklin Pierce + +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: Franklin Pierce + +Posting Date: November 27, 2014 [EBook #5022] +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 Franklin Pierce + + + +The addresses are separated by three asterisks: *** + +Dates of addresses by Franklin Pierce in this eBook: + + December 5, 1853 + December 4, 1854 + December 31, 1855 + December 2, 1856 + + + +*** + +State of the Union Address +Franklin Pierce +December 5, 1853 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The interest with which the people of the Republic anticipate the +assembling of Congress and the fulfillment on that occasion of the duty +imposed upon a new President is one of the best evidences of their capacity +to realize the hopes of the founders of a political system at once complex +and symmetrical. While the different branches of the Government are to a +certain extent independent of each other, the duties of all alike have +direct reference to the source of power. Fortunately, under this system no +man is so high and none so humble in the scale of public station as to +escape from the scrutiny or to be exempt from the responsibility which all +official functions imply. + +Upon the justice and intelligence of the masses, in a government thus +organized, is the sole reliance of the confederacy and the only security +for honest and earnest devotion to its interests against the usurpations +and encroachment of power on the one hand and the assaults of personal +ambition on the other. + +The interest of which I have spoken is inseparable from an inquiring, +self-governing community, but stimulated, doubtless, at the present time by +the unsettled condition of our relations with several foreign powers, by +the new obligations resulting from a sudden extension of the field of +enterprise, by the spirit with which that field has been entered and the +amazing energy with which its resources for meeting the demands of humanity +have been developed. + +Although disease, assuming at one time the characteristics of a widespread +and devastating pestilence, has left its sad traces upon some portions of +our country, we have still the most abundant cause for reverent +thankfulness to God for an accumulation of signal mercies showered upon us +as a nation. It is well that a consciousness of rapid advancement and +increasing strength be habitually associated with an abiding sense of +dependence upon Him who holds in His hands the destiny of men and of +nations. + +Recognizing the wisdom of the broad principle of absolute religious +toleration proclaimed in our fundamental law, and rejoicing in the benign +influence which it has exerted upon our social and political condition, I +should shrink from a clear duty did I fail to express my deepest conviction +that we can place no secure reliance upon any apparent progress if it be +not sustained by national integrity, resting upon the great truths affirmed +and illustrated by divine revelation. In the midst of our sorrow for the +afflicted and suffering, it has been consoling to see how promptly disaster +made true neighbors of districts and cities separated widely from each +other, and cheering to watch the strength of that common bond of +brotherhood which unites all hearts, in all parts of this Union, when +danger threatens from abroad or calamity impends over us at home. + +Our diplomatic relations with foreign powers have undergone no essential +change since the adjournment of the last Congress. With some of them +questions of a disturbing character are still pending, but there are good +reasons to believe that these may all be amicably adjusted. For some years +past Great Britain has so construed the first article of the convention of +the 20th of April, 1818, in regard to the fisheries on the northeastern +coast, as to exclude our citizens from some of the fishing grounds to which +they freely resorted for nearly a quarter of a century subsequent to the +date of that treaty. The United States have never acquiesced in this +construction, but have always claimed for their fishermen all the rights +which they had so long enjoyed without molestation. With a view to remove +all difficulties on the subject, to extend the rights of our fishermen +beyond the limits fixed by the convention of 1818, and to regulate trade +between the United States and the British North American Provinces, a +negotiation has been opened with a fair prospect of a favorable result. To +protect our fishermen in the enjoyment of their rights and prevent +collision between them and British fishermen, I deemed it expedient to +station a naval force in that quarter during the fishing season. + +Embarrassing questions have also arisen between the two Governments in +regard to Central America. Great Britain has proposed to settle them by an +amicable arrangement, and our minister at London is instructed to enter +into negotiations on that subject. A commission for adjusting the claims of +our citizens against Great Britain and those of British subjects against +the United States, organized under the convention of the 8th of February +last, is now sitting in London for the transaction of business. It is in +many respects desirable that the boundary line between the United States +and the British Provinces in the northwest, as designated in the convention +of the 15th of June, 1846, and especially that part which separates the +Territory of Washington from the British possessions on the north, should +be traced and marked. I therefore present the subject to your notice. + +With France our relations continue on the most friendly footing. The +extensive commerce between the United States and that country might, it is +conceived, be released from some unnecessary restrictions to the mutual +advantage of both parties. With a view to this object, some progress has +been made in negotiating a treaty of commerce and navigation. + +Independently of our valuable trade with Spain, we have important political +relations with her growing out of our neighborhood to the islands of Cuba +and Porto Rico. I am happy to announce that since the last Congress no +attempts have been made by unauthorized expeditions within the United +States against either of those colonies. Should any movement be manifested +within our limits, all the means at my command will be vigorously exerted +to repress it. Several annoying occurrences have taken place at Havana, or +in the vicinity of the island of Cuba, between our citizens and the Spanish +authorities. Considering the proximity of that island to our shores, lying, +as it does, in the track of trade between some of our principal cities, and +the suspicious vigilance with which foreign intercourse, particularly that +with the United States, is there guarded, a repetition of such occurrences +may well be apprehended. + +As no diplomatic intercourse is allowed between our consul at Havana and +the Captain-General of Cuba, ready explanations can not be made or prompt +redress afforded where injury has resulted. All complaint on the part of +our citizens under the present arrangement must be, in the first place, +presented to this Government and then referred to Spain. Spain again refers +it to her local authorities in Cuba for investigation, and postpones an +answer till she has heard from those authorities. To avoid these irritating +and vexatious delays, a proposition has been made to provide for a direct +appeal for redress to the Captain-General by our consul in behalf of our +injured fellow-citizens. Hitherto the Government of Spain has declined to +enter into any such arrangement. This course on her part is deeply +regretted, for without some arrangement of this kind the good understanding +between the two countries may be exposed to occasional interruption. Our +minister at Madrid is instructed to renew the proposition and to press it +again upon the consideration of Her Catholic Majesty's Government. + +For several years Spain has been calling the attention of this Government +to a claim for losses by some of her subjects in the case of the schooner +Amistad. This claim is believed to rest on the obligations imposed by our +existing treaty with that country. Its justice was admitted in our +diplomatic correspondence with the Spanish Government as early as March, +1847, and one of my predecessors, in his annual message of that year, +recommended that provision should be made for its payment. In January last +it was again submitted to Congress by the Executive. It has received a +favorable consideration by committees of both branches, but as yet there +has been no final action upon it. I conceive that good faith requires its +prompt adjustment, and I present it to your early and favorable +consideration. + +Martin Koszta, a Hungarian by birth, came to this country in 1850, and +declared his intention in due form of law to become a citizen of the United +States. After remaining here nearly two years he visited Turkey. While at +Smyrna he was forcibly seized, taken on board an Austrian brig of war then +lying in the harbor of that place, and there confined in irons, with the +avowed design to take him into the dominions of Austria. Our consul at +Smyrna and legation at Constantinople interposed for his release, but their +efforts were ineffectual. While thus in prison Commander Ingraham, with the +United States ship of war St. Louis, arrived at Smyrna, and after inquiring +into the circumstances of the case came to the conclusion that Koszta was +entitled to the protection of this Government, and took energetic and +prompt measures for his release. Under an arrangement between the agents of +the United States and of Austria, he was transferred to the custody of the +French consul-general at Smyrna, there to remain until he should be +disposed of by the mutual agreement of the consuls of the respective +Governments at that place. Pursuant to that agreement, he has been +released, and is now in the United States. The Emperor of Austria has made +the conduct of our officers who took part in this transaction a subject of +grave complaint. Regarding Koszta as still his subject, and claiming a +right to seize him within the limits of the Turkish Empire, he has demanded +of this Government its consent to the surrender of the prisoner, a +disavowal of the acts of its agents, and satisfaction for the alleged +outrage. After a careful consideration of the case I came to the conclusion +that Koszta was seized without legal authority at Smyrna; that he was +wrongfully detained on board of the Austrian brig of war; that at the time +of his seizure he was clothed with the nationality of the United States, +and that the acts of our officers, under the circumstances of the case, +were justifiable, and their conduct has been fully approved by me, and a +compliance with the several demands of the Emperor of Austria has been +declined. + +For a more full account of this transaction and my views in regard to it I +refer to the correspondence between the charge d'affaires of Austria and +the Secretary of State, which is herewith transmitted. The principles and +policy therein maintained on the part of the United States will, whenever a +proper occasion occurs, be applied and enforced. + +The condition of China at this time renders it probable that some important +changes will occur in that vast Empire which will lead to a more +unrestricted intercourse with it. The commissioner to that country who has +been recently appointed is instructed to avail himself of all occasions to +open and extend our commercial relations, not only with the Empire of +China, but with other Asiatic nations. + +In 1852 an expedition was sent to Japan, under the command of Commodore +Perry, for the purpose of opening commercial intercourse with that Empire. +Intelligence has been received of his arrival there and of his having made +known to the Emperor of Japan the object of his visit. But it is not yet +ascertained how far the Emperor will be disposed to abandon his restrictive +policy and open that populous country to a commercial intercourse with the +United States. + +It has been my earnest desire to maintain friendly intercourse with the +Governments upon this continent and to aid them in preserving good +understanding among themselves. With Mexico a dispute has arisen as to the +true boundary line between our Territory of New Mexico and the Mexican +State of Chihuahua. A former commissioner of the United States, employed in +running that line pursuant to the treaty of Guadalupe Hidalgo, made a +serious mistake in determining the initial point on the Rio Grande; but +inasmuch as his decision was clearly a departure from the directions for +tracing the boundary contained in that treaty, and was not concurred in by +the surveyor appointed on the part of the United States, whose concurrence +was necessary to give validity to that decision, this Government is not +concluded thereby; but that of Mexico takes a different view of the +subject. + +There are also other questions of considerable magnitude pending between +the two Republics. Our minister in Mexico has ample instructions to adjust +them. Negotiations have been opened, but sufficient progress has not been +made therein to enable me to speak of the probable result. Impressed with +the importance of maintaining amicable relations with that Republic and of +yielding with liberality to all her just claims, it is reasonable to expect +that an arrangement mutually satisfactory to both countries may be +concluded and a lasting friendship between them confirmed and perpetuated. + +Congress having provided for a full mission to the States of Central +America, a minister was sent thither in July last. As yet he has had time +to visit only one of these States (Nicaragua), where he was received in the +most friendly manner. It is hoped that his presence and good offices will +have a benign effect in composing the dissensions which prevail among them, +and in establishing still more intimate and friendly relations between them +respectively and between each of them and the United States. + +Considering the vast regions of this continent and the number of states +which would be made accessible by the free navigation of the river Amazon, +particular attention has been given to this subject. Brazil, through whose +territories it passes into the ocean, has hitherto persisted in a policy so +restricted in regard to the use of this river as to obstruct and nearly +exclude foreign commercial intercourse with the States which lie upon its +tributaries and upper branches. Our minister to that country is instructed +to obtain a relaxation of that policy and to use his efforts to induce the +Brazilian Government to open to common use, under proper safeguards, this +great natural highway for international trade. Several of the South +American States are deeply interested in this attempt to secure the free +navigation of the Amazon, and it is reasonable to expect their cooperation +in the measure. As the advantages of free commercial intercourse among +nations are better understood, more liberal views are generally entertained +as to the common rights of all to the free use of those means which nature +has provided for international communication. To these more liberal and +enlightened views it is hoped that Brazil will conform her policy and +remove all unnecessary restrictions upon the free use of a river which +traverses so many states and so large a part of the continent. I am happy +to inform you that the Republic of Paraguay and the Argentine Confederation +have yielded to the liberal policy still resisted by Brazil in regard to +the navigable rivers within their respective territories. Treaties +embracing this subject, among others, have been negotiated with these +Governments, which will be submitted to the Senate at the present session. + +A new branch of commerce, important to the agricultural interests of the +United States, has within a few years past been opened with Peru. +Notwithstanding the inexhaustible deposits of guano upon the islands of +that country, considerable difficulties are experienced in obtaining the +requisite supply. Measures have been taken to remove these difficulties and +to secure a more abundant importation of the article. Unfortunately, there +has been a serious collision between our citizens who have resorted to the +Chincha Islands for it and the Peruvian authorities stationed there. +Redress for the outrages committed by the latter was promptly demanded by +our minister at Lima. This subject is now under consideration, and there is +reason to believe that Peru is disposed to offer adequate indemnity to the +aggrieved parties. We are thus not only at peace with all foreign +countries, but, in regard to political affairs, are exempt from any cause +of serious disquietude in our domestic relations. + +The controversies which have agitated the country heretofore are passing +away with the causes which produced them and the passions which they had +awakened; or, if any trace of them remains, it may be reasonably hoped that +it will only be perceived in the zealous rivalry of all good citizens to +testify their respect for the rights of the States, their devotion to the +Union, and their common determination that each one of the States, its +institutions, its welfare, and its domestic peace, shall be held alike +secure under the sacred aegis of the Constitution. This new league of amity +and of mutual confidence and support into which the people of the Republic +have entered happily affords inducement and opportunity for the adoption of +a more comprehensive and unembarrassed line of policy and action as to the +great material interests of the country, whether regarded in themselves or +in connection with the powers of the civilized world. + +The United States have continued gradually and steadily to expand through +acquisitions of territory, which, how much soever some of them may have +been questioned, are now universally seen and admitted to have been wise in +policy, just in character, and a great element in the advancement of our +country, and with it of the human race, in freedom, in prosperity, and in +happiness. The thirteen States have grown to be thirty-one, with relations +reaching to Europe on the one side and on the other to the distant realms +of Asia. + +I am deeply sensible of the immense responsibility which the present +magnitude of the Republic and the diversity and multiplicity of its +interests devolves upon me, the alleviation of which so far as relates to +the immediate conduct of the public business, is, first, in my reliance on +the wisdom and patriotism of the two Houses of Congress, and, secondly, in +the directions afforded me by the principles of public polity affirmed by +our fathers of the epoch of 1798, sanctioned by long experience, and +consecrated anew by the overwhelming voice of the people of the United +States. + +Recurring to these principles, which constitute the organic basis of union, +we perceive that vast as are the functions and the duties of the Federal +Government, vested in or intrusted to its three great departments--the +legislative, executive, and judicial--yet the substantive power, the +popular force, and the large capacities for social and material development +exist in the respective States, which, all being of themselves +well-constituted republics, as they preceded so they alone are capable of +maintaining and perpetuating the American Union. The Federal Government has +its appropriate line of action in the specific and limited powers conferred +on it by the Constitution, chiefly as to those things in which the States +have a common interest in their relations to one another and to foreign +governments, while the great mass of interests which belong to cultivated +men--the ordinary business of life, the springs of industry, all the +diversified personal and domestic affairs of society--rest securely upon +the general reserved powers of the people of the several States. There is +the effective democracy of the nation, and there the vital essence of its +being and its greatness. + +Of the practical consequences which flow from the nature of the Federal +Government, the primary one is the duty of administering with integrity and +fidelity the high trust reposed in it by the Constitution, especially in +the application of the public funds as drawn by taxation from the people +and appropriated to specific objects by Congress. + +Happily, I have no occasion to suggest any radical changes in the financial +policy of the Government. Ours is almost, if not absolutely, the solitary +power of Christendom having a surplus revenue drawn immediately from +imposts on commerce, and therefore measured by the spontaneous enterprise +and national prosperity of the country, with such indirect relation to +agriculture, manufactures, and the products of the earth and sea as to +violate no constitutional doctrine and yet vigorously promote the general +welfare. Neither as to the sources of the public treasure nor as to the +manner of keeping and managing it does any grave controversy now prevail, +there being a general acquiescence in the wisdom of the present system. + +The report of the Secretary of the Treasury will exhibit in detail the +state of the public finances and the condition of the various branches of +the public service administered by that Department of the Government. + +The revenue of the country, levied almost insensibly to the taxpayer, goes +on from year to year, increasing beyond either the interests or the +prospective wants of the Government. + +At the close of the fiscal year ending June 30, 1852, there remained in the +Treasury a balance of $14,632,136. The public revenue for the fiscal year +ending June 30, 1853, amounted to $58,931,865 from customs and to +$2,405,708 from public lands and other miscellaneous sources, amounting +together to $61,337,574, while the public expenditures for the same period, +exclusive of payments on account of the public debt, amounted to +$43,554,262, leaving a balance of $32,425,447 of receipts above +expenditures. + +This fact of increasing surplus in the Treasury became the subject of +anxious consideration at a very early period of my Administration, and the +path of duty in regard to it seemed to me obvious and clear, namely: First, +to apply the surplus revenue to the discharge of the public debt so far as +it could judiciously be done, and, secondly, to devise means for the +gradual reduction of the revenue to the standard of the public exigencies. + +Of these objects the first has been in the course of accomplishment in a +manner and to a degree highly satisfactory. The amount of the public debt +of all classes was on the 4th of March, 1853, $69,190,037, payments on +account of which have been made since that period to the amount of +$12,703,329, leaving unpaid and in continuous course of liquidation the sum +of $56,486,708. These payments, although made at the market price of the +respective classes of stocks, have been effected readily and to the general +advantage of the Treasury, and have at the same time proved of signal +utility in the relief they have incidentally afforded to the money market +and to the industrial and commercial pursuits of the country. + +The second of the above-mentioned objects, that of the reduction of the +tariff, is of great importance, and the plan suggested by the Secretary of +the Treasury, which is to reduce the duties on certain articles and to add +to the free list many articles now taxed, and especially such as enter into +manufactures and are not largely, or at all, produced in the country, is +commended to your candid and careful consideration. + +You will find in the report of the Secretary of the Treasury, also, +abundant proof of the entire adequacy of the present fiscal system to meet +all the requirements of the public service, and that, while properly +administered, it operates to the advantage of the community in ordinary +business relations. + +I respectfully ask your attention to sundry suggestions of improvements in +the settlement of accounts, especially as regards the large sums of +outstanding arrears due to the Government, and of other reforms in the +administrative action of his Department which are indicated by the +Secretary; as also to the progress made in the construction of marine +hospitals, custom-houses, and of a new mint in California and assay office +in the city of New York, heretofore provided for by Congress, and also to +the eminently successful progress of the Coast Survey and of the Light +House Board. + +Among the objects meriting your attention will be important recommendations +from the Secretaries of War and Navy. I am fully satisfied that the Navy of +the United States is not in a condition of strength and efficiency +commensurate with the magnitude of our commercial and other interests, and +commend to your especial attention the suggestions on this subject made by +the Secretary of the Navy. I respectfully submit that the Army, which under +our system must always be regarded with the highest interest as a nucleus +around which the volunteer forces of the nation gather in the hour of +danger, requires augmentation, or modification, to adapt it to the present +extended limits and frontier relations of the country and the condition of +the Indian tribes in the interior of the continent, the necessity of which +will appear in the communications of the Secretaries of War and the +Interior. + +In the administration of the Post-Office Department for the fiscal year +ending June 30, 1853, the gross expenditure was $7,982,756, and the gross +receipts during the same period $5,942,734, showing that the current +revenue failed to meet the current expenses of the Department by the sum of +$2,042,032. The causes which, under the present postal system and laws, led +inevitably to this result are fully explained by the report of the +Postmaster-General, one great cause being the enormous rates the Department +has been compelled to pay for mail service rendered by railroad companies. + +The exhibit in the report of the Postmaster-General of the income and +expenditures by mail steamers will be found peculiarly interesting and of a +character to demand the immediate action of Congress. + +Numerous and flagrant frauds upon the Pension Bureau have been brought to +light within the last year, and in some instances merited punishments +inflicted; but, unfortunately, in others guilty parties have escaped, not +through the want of sufficient evidence to warrant a conviction, but in +consequence of the provisions of limitation in the existing laws. + +From the nature of these claims, the remoteness of the tribunals to pass +upon them, and the mode in which the proof is of necessity furnished, +temptations to crime have been greatly stimulated by the obvious +difficulties of detection. The defects in the law upon this subject are so +apparent and so fatal to the ends of justice that your early action +relating to it is most desirable. + +During the last fiscal year 9,819,411 acres of the public lands have been +surveyed and 10,363,891 acres brought into market. Within the same period +the sales by public purchase and private entry amounted to 1,083,495 acres; +located under military bountys and warrants, 6,142,360 acres; located under +other certificates, 9,427 acres; ceded to the States as swamp lands, +16,684,253 acres; selected for railroad and other objects under acts of +Congress, 1,427,457 acres: total amount of lands disposed of within the +fiscal year, 25,346,992 acres, which is an increase in quantity sold and +located under land warrants and grants of 12,231, 818 acres over the fiscal +year immediately preceding. The quantity of land sold during the second and +third quarters of 1852 was 334,451 acres; the amount received therefor was +$623,687. The quantity sold the second and third quarters of the year 1853 +was 1,609,919 acres, and the amount received therefor $2,226,876. + +The whole number of land warrants issued under existing laws prior to the +30th of September last was 266,042, of which there were outstanding at that +date 66,947. The quantity of land required to satisfy these outstanding +warrants is 4,778,120 acres. Warrants have been issued to 30th of September +last under the act of 11th February, 1847, calling for 12,879,280 acres, +under acts of September 28, 1850, and March 22, 1852, calling for +12,505,360 acres, making a total of 25,384,640 acres. + +It is believed that experience has verified the wisdom and justice of the +present system with regard to the public domain in most essential +particulars. + +You will perceive from the report of the Secretary of the Interior that +opinions which have often been expressed in relation to the operation of +the land system as not being a source of revenue to the Federal Treasury +were erroneous. The net profits from the sale of the public lands to June +30, 1853, amounted to the sum of $53,289,465. + +I recommend the extension of the land system over the Territories of Utah +and New Mexico, with such modifications as their peculiarities may +require. + +Regarding our public domain as chiefly valuable to provide homes for the +industrious and enterprising, I am not prepared to recommend any essential +change in the land system, except by modifications in favor of the actual +settler and an extension of the preemption principle in certain cases, for +reasons and on grounds which will be fully developed in the reports to be +laid before you. + +Congress, representing the proprietors of the territorial domain and +charged especially with power to dispose of territory belonging to the +United States, has for a long course of years, beginning with the +Administration of Mr. Jefferson, exercised the power to construct roads +within the Territories, and there are so many and obvious distinctions +between this exercise of power and that of making roads within the States +that the former has never been considered subject to such objections as +apply to the latter; and such may now be considered the settled +construction of the power of the Federal Government upon the subject. + +Numerous applications have been and no doubt will continue to be made for +grants of land in aid of the construction of railways. It is not believed +to be within the intent and meaning of the Constitution that the power to +dispose of the public domain should be used otherwise than might be +expected from a prudent proprietor and therefore that grants of land to aid +in the construction of roads should be restricted to cases where it would +be for the interest of a proprietor under like circumstances thus to +contribute to the construction of these works. For the practical operation +of such grants thus far in advancing the interests of the States in which +the works are located, and at the same time the substantial interests of +all the other States, by enhancing the value and promoting the rapid sale +of the public domain, I refer you to the report of the Secretary of the +Interior. A careful examination, however, will show that this experience is +the result of a just discrimination and will be far from affording +encouragement to a reckless or indiscriminate extension of the principle. + +I commend to your favorable consideration the men of genius of our country +who by their inventions and discoveries in science and arts have +contributed largely to the improvements of the age without, in many +instances, securing for themselves anything like an adequate reward. For +many interesting details upon this subject I refer you to the appropriate +reports, and especially urge upon your early attention the apparently +slight, but really important, modifications of existing laws therein +suggested. + +The liberal spirit which has so long marked the action of Congress in +relation to the District of Columbia will, I have no doubt, continue to be +manifested. + +The erection of an asylum for the insane of the District of Columbia and of +the Army and Navy of the United States has been somewhat retarded by the +great demand for materials and labor during the past summer, but full +preparation for the reception of patients before the return of another +winter is anticipated; and there is the best reason to believe, from the +plan and contemplated arrangements which have been devised, with the large +experience furnished within the last few years in relation to the nature +and treatment of the disease, that it will prove an asylum indeed to this +most helpless and afflicted class of sufferers and stand as a noble +monument of wisdom and mercy. Under the acts of Congress of August 31, +1852, and of March 3, 1853, designed to secure for the cities of Washington +and Georgetown an abundant supply of good and wholesome water, it became my +duty to examine the report and plans of the engineer who had charge of the +surveys under the act first named. The best, if not the only, plan +calculated to secure permanently the object sought was that which +contemplates taking the water from the Great Falls of the Potomac, and +consequently I gave to it my approval. + +For the progress and present condition of this important work and for its +demands so far as appropriations are concerned I refer you to the report of +the Secretary of War. + +The present judicial system of the United States has now been in operation +for so long a period of time and has in its general theory and much of its +details become so familiar to the country and acquired so entirely the +public confidence that if modified in any respect it should only be in +those particulars which may adapt it to the increased extent, population, +and legal business of the United States. In this relation the organization +of the courts is now confessedly inadequate to the duties to be performed +by them, in consequence of which the States of Florida, Wisconsin, Iowa, +Texas, and California, and districts of other States, are in effect +excluded from the full benefits of the general system by the functions of +the circuit court being devolved on the district judges in all those States +or parts of States. The spirit of the Constitution and a due regard to +justice require that all the States of the Union should be placed on the +same footing in regard to the judicial tribunals. I therefore commend to +your consideration this important subject, which in my judgment demands the +speedy action of Congress. I will present to you, if deemed desirable, a +plan which I am prepared to recommend for the enlargement and modification +of the present judicial system. + +The act of Congress establishing the Smithsonian Institution provided that +the President of the United States and other persons therein designated +should constitute an "establishment" by that name, and that the members +should hold stated and special meetings for the supervision of the affairs +of the Institution. The organization not having taken place, it seemed to +me proper that it should be effected without delay. This has been done; and +an occasion was thereby presented for inspecting the condition of the +Institution and appreciating its successful progress thus far and its high +promise of great and general usefulness. + +I have omitted to ask your favorable consideration for the estimates of +works of a local character in twenty-seven of the thirty-one States, +amounting to $1,754,500, because, independently of the grounds which have +so often been urged against the application of the Federal revenue for +works of this character, inequality, with consequent injustice, is inherent +in the nature of the proposition, and because the plan has proved entirely +inadequate to the accomplishment of the objects sought. + +The subject of internal improvements, claiming alike the interest and good +will of all, has, nevertheless, been the basis of much political discussion +and has stood as a deep-graven line of division between statesmen of +eminent ability and patriotism. The rule of strict construction of all +powers delegated by the States to the General Government has arrayed itself +from time to time against the rapid progress of expenditures from the +National Treasury on works of a local character within the States. +Memorable as an epoch in the history of this subject is the message of +President Jackson of the 27th of May, 1830, which met the system of +internal improvements in its comparative infancy; but so rapid had been its +growth that the projected appropriations in that year for works of this +character had risen to the alarming amount of more than $100,000,000 + +In that message the President admitted the difficulty of bringing back the +operations of the Government to the construction of the Constitution set up +in 1798, and marked it as an admonitory proof of the necessity of guarding +that instrument with sleepless vigilance against the authority of +precedents which had not the sanction of its most plainly defined powers. + +Our Government exists under a written compact between sovereign States, +uniting for specific objects and with specific grants to their general +agent. If, then, in the progress of its administration there have been +departures from the terms and intent of the compact, it is and will ever be +proper to refer back to the fixed standard which our fathers left us and to +make a stern effort to conform our action to it. It would seem that the +fact of a principle having been resisted from the first by many of the +wisest and most patriotic men of the Republic, and a policy having provoked +constant strife without arriving at a conclusion which can be regarded as +satisfactory to its most earnest advocates, should suggest the inquiry +whether there may not be a plan likely to be crowned by happier results. +Without perceiving any sound distinction or intending to assert any +principle as opposed to improvements needed for the protection of internal +commerce which does not equally apply to improvements upon the seaboard for +the protection of foreign commerce, I submit to you whether it may not be +safely anticipated that if the policy were once settled against +appropriations by the General Government for local improvements for the +benefit of commerce, localities requiring expenditures would not, by modes +and means clearly legitimate and proper, raise the fund necessary for such +constructions as the safety or other interests of their commerce might +require. + +If that can be regarded as a system which in the experience of mere than +thirty years has at no time so commanded the public judgment as to give it +the character of a settled policy; which, though it has produced some works +of conceded importance, has been attended with an expenditure quite +disproportionate to their value and has resulted in squandering large sums +upon objects which have answered no valuable purpose, the interests of all +the States require it to be abandoned unless hopes may be indulged for the +future which find no warrant in the past. + +With an anxious desire for the completion of the works which are regarded +by all good citizens with sincere interest, I have deemed it my duty to ask +at your hands a deliberate reconsideration of the question, with a hope +that, animated by a desire to promote the permanent and substantial +interests of the country, your wisdom may prove equal to the task of +devising and maturing a plan which, applied to this subject, may promise +something better than constant strife, the suspension of the powers of +local enterprise, the exciting of vain hopes, and the disappointment of +cherished expectations. + +In expending the appropriations made by the last Congress several cases +have arisen in relation to works for the improvement of harbors which +involve questions as to the right of soil and jurisdiction, and have +threatened conflict between the authority of the State and General +Governments. The right to construct a breakwater, jetty, or dam would seem +necessarily to carry with it the power to protect and preserve such +constructions. This can only be effectually done by having jurisdiction +over the soil. But no clause of the Constitution is found on which to rest +the claim of the United States to exercise jurisdiction over the soil of a +State except that conferred by the eighth section of the first article of +the Constitution. It is, then, submitted whether, in all cases where +constructions are to be erected by the General Government, the right of +soil should not first be obtained and legislative provision be made to +cover all such cases. For the progress made in the construction of roads +within the Territories, as provided for in the appropriations of the last +Congress, I refer you to the report of the Secretary of War. + +There is one subject of a domestic nature which, from its intrinsic +importance and the many interesting questions of future policy which it +involves, can not fail to receive your early attention. I allude to the +means of communication by which different parts of the wide expanse of our +country are to be placed in closer connection for purposes both of defense +and commercial intercourse, and more especially such as appertain to the +communication of those great divisions of the Union which lie on the +opposite sides of the Rocky Mountains. That the Government has not been +unmindful of this heretofore is apparent from the aid it has afforded +through appropriations for mail facilities and other purposes. But the +general subject will now present itself under aspects more imposing and +more purely national by reason of the surveys ordered by Congress, and now +in the process of completion, for communication by railway across the +continent, and wholly within the limits of the United States. + +The power to declare war, to raise and support armies, to provide and +maintain a navy, and to call forth the militia to execute the laws, +suppress insurrections, and repel invasions was conferred upon Congress as +means to provide for the common defense and to protect a territory and a +population now widespread and vastly multiplied. As incidental to and +indispensable for the exercise of this power, it must sometimes be +necessary to construct military roads and protect harbors of refuge. To +appropriations by Congress for such objects no sound objection can be +raised. Happily for our country, its peaceful policy and rapidly increasing +population impose upon us no urgent necessity for preparation, and leave +but few trackless deserts between assailable points and a patriotic people +ever ready and generally able to protect them. These necessary links the +enterprise and energy of our people are steadily and boldly struggling to +supply. All experience affirms that wherever private enterprise will avail +it is most wise for the General Government to leave to that and individual +watchfulness the location and execution of all means of communication. + +The surveys before alluded to were designed to ascertain the most +practicable and economical route for a railroad from the river Mississippi +to the Pacific Ocean. Parties are now in the field making explorations, +where previous examinations had not supplied sufficient data and where +there was the best reason to hope the object sought might be found. The +means and time being both limited, it is not to be expected that all the +accurate knowledge desired will be obtained, but it is hoped that much and +important information will be added to the stock previously possessed, and +that partial, if not full, reports of the surveys ordered will be received +in time for transmission to the two Houses of Congress on or before the +first Monday in February next, as required by the act of appropriation. The +magnitude of the enterprise contemplated has aroused and will doubtless +continue to excite a very general interest throughout the country. In its +political, its commercial, and its military bearings it has varied, great, +and increasing claims to consideration. The heavy expense, the great delay, +and, at times, fatality attending travel by either of the Isthmus routes +have demonstrated the advantage which would result from interterritorial +communication by such safe and rapid means as a railroad would supply. + +These difficulties, which have been encountered in a period of peace, would +be magnified and still further increased in time of war. But whilst the +embarrassments already encountered and others under new contingencies to be +anticipated may serve strikingly to exhibit the importance of such a work, +neither these nor all considerations combined can have an appreciable value +when weighed against the obligation strictly to adhere to the Constitution +and faithfully to execute the powers it confers. + +Within this limit and to the extent of the interest of the Government +involved it would seem both expedient and proper if an economical and +practicable route shall be found to aid by all constitutional means in the +construction of a road which will unite by speedy transit the populations +of the Pacific and Atlantic States. To guard against misconception, it +should be remarked that although the power to construct or aid in the +construction of a road within the limits of a Territory is not embarrassed +by that question of jurisdiction which would arise within the limits of a +State, it is, nevertheless, held to be of doubtful power and more than +doubtful propriety, even within the limits of a Territory, for the General +Government to undertake to administer the affairs of a railroad, a canal, +or other similar construction, and therefore that its connection with a +work of this character should be incidental rather than primary. I will +only add at present that, fully appreciating the magnitude of the subject +and solicitous that the Atlantic and Pacific shores of the Republic may be +bound together by inseparable ties of common interest, as well as of common +fealty and attachment to the Union, I shall be disposed, so far as my own +action is concerned, to follow the lights of the Constitution as expounded +and illustrated by those whose opinions and expositions constitute the +standard of my political faith in regard to the powers of the Federal +Government. It is, I trust, not necessary to say that no grandeur of +enterprise and no present urgent inducement promising popular favor will +lead me to disregard those lights or to depart from that path which +experience has proved to be safe, and which is now radiant with the glow of +prosperity and legitimate constitutional progress. We can afford to wait, +but we can not afford to overlook the ark of our security. + +It is no part of my purpose to give prominence to any subject which may +properly be regarded as set at rest by the deliberate judgment of the +people. But while the present is bright with promise and the future full of +demand and inducement for the exercise of active intelligence, the past can +never be without useful lessons of admonition and instruction. If its +dangers serve not as beacons, they will evidently fail to fulfill the +object of a wise design. When the grave shall have closed over all who are +now endeavoring to meet the obligations of duty, the year 1850 will be +recurred to as a period filled with anxious apprehension. A successful war +had just terminated. Peace brought with it a vast augmentation of +territory. Disturbing questions arose bearing upon the domestic +institutions of one portion of the Confederacy and involving the +constitutional rights of the States. But notwithstanding differences of +opinion and sentiment which then existed in relation to details and +specific provisions, the acquiescence of distinguished citizens, whose +devotion to the Union can never be doubted, has given renewed vigor to our +institutions and restored a sense of repose and security to the public mind +throughout the Confederacy. That this repose is to suffer no shock during +my official term, if I have power to avert it, those who placed me here may +be assured. The wisdom of men who knew what independence cost, who had put +all at stake upon the issue of the Revolutionary struggle, disposed of the +subject to which I refer in the only way consistent with the Union of these +States and with the march of power and prosperity which has made us what we +are. It is a significant fact that from the adoption of the Constitution +until the officers and soldiers of the Revolution had passed to their +graves, or, through the infirmities of age and wounds, had ceased to +participate actively in public affairs, there was not merely a quiet +acquiescence in, but a prompt vindication of, the constitutional rights of +the States. The reserved powers were scrupulously respected. No statesman +put forth the narrow views of casuists to justify interference and +agitation, but the spirit of the compact was regarded as sacred in the eye +of honor and indispensable for the great experiment of civil liberty, +which, environed by inherent difficulties, was yet borne forward in +apparent weakness by a power superior to all obstacles. There is no +condemnation which the voice of freedom will not pronounce upon us should +we prove faithless to this great trust. While men inhabiting different +parts of this vast continent can no more be expected to hold the same +opinions or entertain the same sentiments than every variety of climate or +soil can be expected to furnish the same agricultural products, they can +unite in a common object and sustain common principles essential to the +maintenance of that object. The gallant men of the South and the North +could stand together during the struggle of the Revolution; they could +stand together in the more trying period which succeeded the clangor of +arms. As their united valor was adequate to all the trials of the camp and +dangers of the field, so their united wisdom proved equal to the greater +task of founding upon a deep and broad basis institutions which it has been +our privilege to enjoy and will ever be our most sacred duty to sustain. It +is but the feeble expression of a faith strong and universal to say that +their sons, whose blood mingled so often upon the same field during the War +of 1812 and who have more recently borne in triumph the flag of the country +upon a foreign soil, will never permit alienation of feeling to weaken the +power of their united efforts nor internal dissensions to paralyze the +great arm of freedom, uplifted for the vindication of self-government. + +I have thus briefly presented such suggestions as seem to me especially +worthy of your consideration. In providing for the present you can hardly +fail to avail yourselves of the light which the experience of the past +casts upon the future. + +The growth of our population has now brought us, in the destined career of +our national history, to a point at which it well behooves us to expand our +vision over the vast prospective. + +The successive decennial returns of the census since the adoption of the +Constitution have revealed a law of steady, progressive development, which +may be stated in general terms as a duplication every quarter century. +Carried forward from the point already reached for only a short period of +time, as applicable to the existence of a nation, this law of progress, if +unchecked, will bring us to almost incredible results. A large allowance +for a diminished proportional effect of emigration would not very +materially reduce the estimate, while the increased average duration of +human life known to have already resulted from the scientific and hygienic +improvements of the past fifty years will tend to keep up through the next +fifty, or perhaps hundred, the same ratio of growth which has been thus +revealed in our past progress; and to the influence of these causes may be +added the influx of laboring masses from eastern Asia to the Pacific side +of our possessions, together with the probable accession of the populations +already existing in other parts of our hemisphere, which within the period +in question will feel with yearly increasing force the natural attraction +of so vast, powerful, and prosperous a confederation of self-governing +republics and will seek the privilege of being admitted within its safe and +happy bosom, transferring with themselves, by a peaceful and healthy +process of incorporation, spacious regions of virgin and exuberant soil, +which are destined to swarm with the fast growing and fast-spreading +millions of our race. + +These considerations seem fully to justify the presumption that the law of +population above stated will continue to act with undiminished effect +through at least the next half century, and that thousands of persons who +have already arrived at maturity and are now exercising the rights of +freemen will close their eyes on the spectacle of more than 100,000,000 of +population embraced within the majestic proportions of the American Union. +It is not merely as an interesting topic of speculation that I present +these views for your consideration. They have important practical bearings +upon all the political duties we are called upon to perform. Heretofore our +system of government has worked on what may be termed a miniature scale in +comparison with the development which it must thus assume within a future +so near at hand as scarcely to be beyond the present of the existing +generation. + +It is evident that a confederation so vast and so varied, both in numbers +and in territorial extent, in habits and in interests, could only be kept +in national cohesion by the strictest fidelity to the principles of the +Constitution as understood by those who have adhered to the most restricted +construction of the powers granted by the people and the States. +Interpreted and applied according to those principles, the great compact +adapts itself with healthy ease and freedom to an unlimited extension of +that benign system of federative self-government of which it is our +glorious and, I trust, immortal charter. Let us, then, with redoubled +vigilance, be on our guard against yielding to the temptation of the +exercise of doubtful powers, even under the pressure of the motives of +conceded temporary advantage and apparent temporary expediency. The minimum +of Federal government compatible with the maintenance of national unity and +efficient action in our relations with the rest of the world should afford +the rule and measure of construction of our powers under the general +clauses of the Constitution. A spirit of strict deference to the sovereign +rights and dignity of every State, rather than a disposition to subordinate +the States into a provincial relation to the central authority, should +characterize all our exercise of the respective powers temporarily vested +in us as a sacred trust from the generous confidence of our constituents. + +In like manner, as a manifestly indispensable condition of the perpetuation +of the Union and of the realization of that magnificent national future +adverted to, does the duty become yearly stronger and clearer upon us, as +citizens of the several States, to cultivate a fraternal and affectionate +spirit, language, and conduct in regard to other States and in relation to +the varied interests, institutions, and habits of sentiment and opinion +which may respectively characterize them. Mutual forbearance, respect, and +noninterference in our personal action as citizens and an enlarged exercise +of the most liberal principles of comity in the public dealings of State +with State, whether in legislation or in the execution of laws, are the +means to perpetuate that confidence and fraternity the decay of which a +mere political union, on so vast a scale, could not long survive. + +In still another point of view is an important practical duty suggested by +this consideration of the magnitude of dimensions to which our political +system, with its corresponding machinery of government, is so rapidly +expanding. With increased vigilance does it require us to cultivate the +cardinal virtues of public frugality and official integrity and purity. +Public affairs ought to be so conducted that a settled conviction shall +pervade the entire Union that nothing short of the highest tone and +standard of public morality marks every part of the administration and +legislation of the General Government. Thus will the federal system, +whatever expansion time and progress may give it, continue more and more +deeply rooted in the love and confidence of the people. + +That wise economy which is as far removed from parsimony as from corrupt +and corrupting extravagance; that single regard for the public good which +will frown upon all attempts to approach the Treasury with insidious +projects of private interest cloaked under public pretexts; that sound +fiscal administration which, in the legislative department, guards against +the dangerous temptations incident to overflowing revenue, and, in the +executive, maintains an unsleeping watchfulness against the tendency of all +national expenditure to extravagance, while they are admitted elementary +political duties, may, I trust, be deemed as properly adverted to and urged +in view of the more impressive sense of that necessity which is directly +suggested by the considerations now presented. + +Since the adjournment of Congress the Vice-President of the United States +has passed from the scenes of earth, without having entered upon the duties +of the station to which he had been called by the voice of his countrymen. +Having occupied almost continuously for more than thirty years a seat in +one or the other of the two Houses of Congress, and having by his singular +purity and wisdom secured unbounded confidence and universal respect, his +failing health was watched by the nation with painful solicitude. His loss +to the country, under all the circumstances, has been justly regarded as +irreparable. + +In compliance with the act of Congress of March 2, 1853, the oath of office +was administered to him on the 24th of that month at Ariadne estate, near +Matanzas, in the island of Cuba; but his strength gradually declined, and +was hardly sufficient to enable him to return to his home in Alabama, +where, on the 18th day of April, in the most calm and peaceful way, his +long and eminently useful career was terminated. Entertaining unlimited +confidence in your intelligent and patriotic devotion to the public +interest, and being conscious of no motives on my part which are not +inseparable from the honor and advancement of my country, I hope it may be +my privilege to deserve and secure not only your cordial cooperation in +great public measures, but also those relations of mutual confidence and +regard which it is always so desirable to cultivate between members of +coordinate branches of the Government. + +*** + +State of the Union Address +Franklin Pierce +December 4, 1854 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The past has been an eventful year, and will be hereafter referred to as a +marked epoch in the history of the world. While we have been happily +preserved from the calamities of war, our domestic prosperity has not been +entirely uninterrupted. The crops in portions of the country have been +nearly cut off. Disease has prevailed to a greater extent than usual, and +the sacrifice of human life through casualties by sea and land is without +parallel. But the pestilence has swept by, and restored salubrity invites +the absent to their homes and the return of business to its ordinary +channels. If the earth has rewarded the labor of the husbandman less +bountifully than in preceding seasons, it has left him with abundance for +domestic wants and a large surplus for exportation. In the present, +therefore, as in the past, we find ample grounds for reverent thankfulness +to the God of grace and providence for His protecting care and merciful +dealings with us as a people. + +Although our attention has been arrested by painful interest in passing +events, yet our country feels no more than the slight vibrations of the +convulsions which have shaken Europe. As individuals we can not repress +sympathy with human suffering nor regret for the causes which produce it; +as a nation we are reminded that whatever interrupts the peace or checks +the prosperity of any part of Christendom tends more or less to involve our +own. The condition of States is not unlike that of individuals; they are +mutually dependent upon each other. Amicable relations between them and +reciprocal good will are essential for the promotion of whatever is +desirable in their moral, social, and political condition. Hence it has +been my earnest endeavor to maintain peace and friendly intercourse with +all nations. + +The wise theory of this Government, so early adopted and steadily pursued, +of avoiding all entangling alliances has hitherto exempted it from many +complications in which it would otherwise have become involved. +Notwithstanding this our clearly defined and well-sustained course of +action and our geographical position, so remote from Europe, increasing +disposition has been manifested by some of its Governments to supervise and +in certain respects to direct our foreign policy. In plans for adjusting +the balance of power among themselves they have assumed to take us into +account, and would constrain us to conform our conduct to their views. One +or another of the powers of Europe has from time to time undertaken to +enforce arbitrary regulations contrary in many respects to established +principles of international law. That law the United States have in their +foreign intercourse uniformly respected and observed, and they can not +recognize any such interpolations therein as the temporary interests of +others may suggest. They do not admit that the sovereigns of one continent +or of a particular community of states can legislate for all others. + +Leaving the transatlantic nations to adjust their political system in the +way they may think best for their common welfare, the independent powers of +this continent may well assert the right to be exempt from all annoying +interference on their part. Systematic abstinence from intimate political +connection with distant foreign nations does not conflict with giving the +widest range to our foreign commerce. This distinction, so clearly marked +in history, seems to have been overlooked or disregarded by some leading +foreign states. Our refusal to be brought within and subjected to their +peculiar system has, I fear, created a jealous distrust of our conduct and +induced on their part occasional acts of disturbing effect upon our foreign +relations. Our present attitude and past course give assurances, which +should not be questioned, that our purposes are not aggressive nor +threatening to the safety and welfare of other nations. Our military +establishment in time of peace is adapted to maintain exterior defenses and +to preserve order among the aboriginal tribes within the limits of the +Union. Our naval force is intended only for the protection of our citizens +abroad and of our commerce, diffused, as it is, over all the seas of the +globe. The Government of the United States, being essentially pacific in +policy, stands prepared to repel invasion by the voluntary service of a +patriotic people, and provides no permanent means of foreign aggression. +These considerations should allay all apprehension that we are disposed to +encroach on the rights or endanger the security of other states. + +Some European powers have regarded with disquieting concern the territorial +expansion of the United States. This rapid growth has resulted from the +legitimate exercise of sovereign rights belonging alike to all nations, and +by many liberally exercised. Under such circumstances it could hardly have +been expected that those among them which have within a comparatively +recent period subdued and absorbed ancient kingdoms, planted their +standards on every continent, and now possess or claim the control of the +islands of every ocean as their appropriate domain would look with +unfriendly sentiments upon the acquisitions of this country, in every +instance honorably obtained, or would feel themselves justified in imputing +our advancement to a spirit of aggression or to a passion for political +predominance. Our foreign commerce has reached a magnitude and extent +nearly equal to that of the first maritime power of the earth, and +exceeding that of any other. Over this great interest, in which not only +our merchants, but all classes of citizens, at least indirectly, are +concerned, it is the duty of the executive and legislative branches of the +Government to exercise a careful supervision and adopt proper measures for +its protection. The policy which I had in view in regard to this interest +embraces its future as well as its present security. Long experience has +shown that, in general, when the principal powers of Europe are engaged in +war the rights of neutral nations are endangered. This consideration led, +in the progress of the War of our Independence, to the formation of the +celebrated confederacy of armed neutrality, a primary object of which was +to assert the doctrine that free ships make free goods, except in the case +of articles contraband of war--a doctrine which from the very commencement +of our national being has been a cherished idea of the statesmen of this +country. At one period or another every maritime power has by some solemn +treaty stipulation recognized that principle, and it might have been hoped +that it would come to be universally received and respected as a rule of +international law. But the refusal of one power prevented this, and in the +next great war which ensued--that of the French Revolution--it failed to be +respected among the belligerent States of Europe. Notwithstanding this, the +principle is generally admitted to be a sound and salutary one, so much so +that at the commencement of the existing war in Europe Great Britain and +France announced their purpose to observe it for the present; not, however, +as a recognized international fight, but as a mere concession for the time +being. The cooperation, however, of these two powerful maritime nations in +the interest of neutral rights appeared to me to afford an occasion +inviting and justifying on the part of the United States a renewed effort +to make the doctrine in question a principle of international law, by means +of special conventions between the several powers of Europe and America. +Accordingly, a proposition embracing not only the rule that free ships make +free goods, except contraband articles, but also the less contested one +that neutral property other than contraband, though on board enemy's ships, +shall be exempt from confiscation, has been submitted by this Government to +those of Europe and America. + +Russia acted promptly in this matter, and a convention was concluded +between that country and the United States providing for the observance of +the principles announced, not only as between themselves, but also as +between them and all other nations which shall enter into like +stipulations. None of the other powers have as yet taken final action on +the subject. I am not aware, however, that any objection to the proposed +stipulations has been made, but, on the contrary, they are acknowledged to +be essential to the security of neutral commerce, and the only apparent +obstacle to their general adoption is in the possibility that it may be +encumbered by inadmissible conditions. The King of the Two Sicilies has +expressed to our minister at Naples his readiness to concur in our +proposition relative to neutral rights and to enter into a convention on +that subject. + +The King of Prussia entirely approves of the project of a treaty to the +same effect submitted to him, but proposes an additional article providing +for the renunciation of privateering. Such an article, for most obvious +reasons, is much desired by nations having naval establishments large in +proportion to their foreign commerce. If it were adopted as an +international rule, the commerce of a nation having comparatively a small +naval force would be very much at the mercy of its enemy in case of war +with a power of decided naval superiority. The bare statement of the +condition in which the United States would be placed, after having +surrendered the right to resort to privateers, in the event of war with a +belligerent of naval supremacy will show that this Government could never +listen to such a proposition. The navy of the first maritime power in +Europe is at least ten times as large as that of the United States. The +foreign commerce of the two countries is nearly equal, and about equally +exposed to hostile depredations. In war between that power and the United +States, without resort on our part to our mercantile marine the means of +our enemy to inflict injury upon our commerce would be tenfold greater than +ours to retaliate. We could not extricate our country from this unequal +condition, with such an enemy, unless we at once departed from our present +peaceful policy and became a great naval power. Nor would this country be +better situated in war with one of the secondary naval powers. Though the +naval disparity would be less, the greater extent and more exposed +condition of our widespread commerce would give any of them a like +advantage over us. + +The proposition to enter into engagements to forego a resort to privateers +in case this country should be forced into war with a great naval power is +not entitled to more favorable consideration than would be a proposition to +agree not to accept the services of volunteers for operations on land. When +the honor or the rights of our country require it to assume a hostile +attitude, it confidently relies upon the patriotism of its citizens, not +ordinarily devoted to the military profession, to augment the Army and the +Navy so as to make them fully adequate to the emergency which calls them +into action. The proposal to surrender the right to employ privateers is +professedly founded upon the principle that private property of unoffending +noncombatants, though enemies, should be exempt from the ravages of war; +but the proposed surrender goes but little way in carrying out that +principle, which equally requires that such private property should not be +seized or molested by national ships of war. Should the leading powers of +Europe concur in proposing as a rule of international law to exempt private +property upon the ocean from seizure by public armed cruisers as well as by +privateers, the United States will readily meet them upon that broad +ground. + +Since the adjournment of Congress the ratifications of the treaty between +the United States and Great Britain relative to coast fisheries and to +reciprocal trade with the British North American Provinces have been +exchanged, and some of its anticipated advantages are already enjoyed by +us, although its full execution was to abide certain acts of legislation +not yet fully performed. So soon as it was ratified Great Britain opened to +our commerce the free navigation of the river St. Lawrence and to our +fishermen unmolested access to the shores and bays, from which they had +been previously excluded, on the coasts of her North American Provinces; in +return for which she asked for the introduction free of duty into the ports +of the United States of the fish caught on the same coast by British +fishermen. This being the compensation stipulated in the treaty for +privileges of the highest importance and value to the United States, which +were thus voluntarily yielded before it became effective, the request +seemed to me to be a reasonable one; but it could not be acceded to from +want of authority to suspend our laws imposing duties upon all foreign +fish. In the meantime the Treasury Department issued a regulation for +ascertaining the duties paid or secured by bonds on fish caught on the +coasts of the British Provinces and brought to our markets by British +subjects after the fishing grounds had been made fully accessible to the +citizens of the United States. I recommend to your favorable consideration +a proposition, which will be submitted to you, for authority to refund the +duties and cancel the bonds thus received. The Provinces of Canada and New +Brunswick have also anticipated the full operation of the treaty by +legislative arrangements, respectively, to admit free of duty the products +of the United States mentioned in the free list of the treaty; and an +arrangement similar to that regarding British fish has been made for duties +now chargeable on the products of those Provinces enumerated in the same +free list and introduced therefrom into the United States, a proposition +for refunding which will, in my judgment, be in like manner entitled to +your favorable consideration. + +There is difference of opinion between the United States and Great Britain +as to the boundary line of the Territory of Washington adjoining the +British possessions on the Pacific, which has already led to difficulties +on the part of the citizens and local authorities of the two Governments I +recommend that provision he made for a commission, to be joined by one on +the part of Her Britannic Majesty, for the purpose of running and +establishing the line in controversy. Certain stipulations of the third and +fourth articles of the treaty concluded by the United States and Great +Britain in 1846, regarding possessory rights of the Hudsons Bay Company and +property of the Pugets Sound Agricultural Company, have given rise to +serious disputes, and it is important to all concerned that summary means +of settling them amicably should be devised. I have reason to believe that +an arrangement can be made on just terms for the extinguishment of the +rights in question, embracing also the right of the Hudsons Bay Company to +the navigation of the river Columbia; and I therefore suggest to your +consideration the expediency of making a contingent appropriation for that +purpose. + +France was the early and efficient ally of the United States in their +struggle for independence. From that time to the present, with occasional +slight interruptions, cordial relations of friendship have existed between +the Governments and people of the two countries. The kindly sentiments +cherished alike by both nations have led to extensive social and commercial +intercourse, which I trust will not be interrupted or checked by any casual +event of an apparently unsatisfactory character. The French consul at San +Francisco was not long since brought into the United States district court +at that place by compulsory process as a witness in favor of another +foreign consul, in violation, as the French Government conceives, of his +privileges under our consular convention with France. There being nothing +in the transaction which could imply any disrespect to France or its +consul, such explanation has been made as, I hope, will be satisfactory. +Subsequently misunderstanding arose on the subject of the French Government +having, as it appeared, abruptly excluded the American minister to Spain +from passing through France on his way from London to Madrid. But that +Government has unequivocally disavowed any design to deny the right of +transit to the minister of the United States, and after explanations to +this effect he has resumed his journey and actually returned through France +to Spain. I herewith lay before Congress the correspondence on this subject +between our envoy at Paris and the minister of foreign relations of the +French Government. + +The position of our affairs with Spain remains as at the close of the last +session. Internal agitation, assuming very nearly the character of +political revolution, has recently convulsed that country. The late +ministers were violently expelled from power, and men of very different +views in relation to its internal affairs have succeeded. Since this change +there has been no propitious opportunity to resume and press on +negotiations for the adjustment of serious questions of difficulty between +the Spanish Government and the United States. There is reason to believe +that our minister will find the present Government more favorably inclined +than the preceding to comply with our just demands and to make suitable +arrangements for restoring harmony and preserving peace between the two +countries. + +Negotiations are pending with Denmark to discontinue the practice of +levying tolls on our vessels and their cargoes passing through the Sound. I +do not doubt that we can claim exemption therefrom as a matter of right. It +is admitted on all hands that this exaction is sanctioned, not by the +general principles of the law of nations, but only by special conventions +which most of the commercial nations have entered into with Denmark. The +fifth article of our treaty of 1826 with Denmark provides that there shall +not be paid on the vessels of the United States and their cargoes when +passing through the Sound higher duties than those of the most favored +nations. This may be regarded as an implied agreement to submit to the +tolls during the continuance of the treaty, and consequently may embarrass +the assertion of our right to be released therefrom. There are also other +provisions in the treaty which ought to be modified. It was to remain in +force for ten years and until one year after either party should give +notice to the other of intention to terminate it. I deem it expedient that +the contemplated notice should be given to the Government of Denmark. + +The naval expedition dispatched about two years since for the purpose of +establishing relations with the Empire of Japan has been ably and +skillfully conducted to a successful termination by the officer to whom it +was intrusted. A treaty opening certain of the ports of that populous +country has been negotiated, and in order to give full effect thereto it +only remains to exchange ratifications and adopt requisite commercial +regulations. + +The treaty lately concluded between the United States and Mexico settled +some of our most embarrassing difficulties with that country, but numerous +claims upon it for wrongs and injuries to our citizens remained unadjusted, +and many new cases have been recently added to the former list of +grievances. Our legation has been earnest in its endeavors to obtain from +the Mexican Government a favorable consideration of these claims, but +hitherto without success. This failure is probably in some measure to be +ascribed to the disturbed condition of that country. It has been my anxious +desire to maintain friendly relations with the Mexican Republic and to +cause its rights and territories to be respected, not only by our citizens, +but by foreigners who have resorted to the United States for the purpose of +organizing hostile expeditions against some of the States of that Republic. +The defenseless condition in which its frontiers have been left has +stimulated lawless adventurers to embark in these enterprises and greatly +increased the difficulty of enforcing our obligations of neutrality. +Regarding it as my solemn duty to fulfill efficiently these obligations not +only toward Mexico, but other foreign nations, I have exerted all the +powers with which I am invested to defeat such proceedings and bring to +punishment those who by taking a part therein violated our laws. The energy +and activity of our civil and military authorities have frustrated the +designs of those who meditated expeditions of this character except in two +instances. One of these, composed of foreigners, was at first countenanced +and aided by the Mexican Government itself, it having been deceived as to +their real object. The other, small in number, eluded the vigilance of the +magistrates at San Francisco and succeeded in reaching the Mexican +territories; but the effective measures taken by this Government compelled +the abandonment of the undertaking. + +The commission to establish the new line between the United States and +Mexico, according to the provisions of the treaty of the 30th of December +last, has been organized, and the work is already commenced. + +Our treaties with the Argentine Confederation and with the Republics of +Uruguay and Paraguay secure to us the free navigation of the river La Plata +and some of its larger tributaries, but the same success has not attended +our endeavors to open the Amazon. The reasons in favor of the free use of +that river I had occasion to present fully in a former message, and, +considering the cordial relations which have long existed between this +Government and Brazil, it may be expected that pending negotiations will +eventually reach a favorable result. + +Convenient means of transit between the several parts of a country are not +only desirable for the objects of commercial and personal communication, +but essential to its existence under one government. Separated, as are the +Atlantic and Pacific coasts of the United States, by the whole breadth of +the continent, still the inhabitants of each are closely bound together by +community of origin and institutions and by strong attachment to the Union. +Hence the constant and increasing intercourse and vast interchange of +commercial productions between these remote divisions of the Republic. At +the present time the most practicable and only, commodious routes for +communication between them are by the way of the isthmus of Central +America. It is the duty of the Government to secure these avenues against +all danger of interruption. + +In relation to Central America, perplexing questions existed between the +United States and Great Britain at the time of the cession of California. +These, as well as questions which subsequently arose concerning +interoceanic communication across the Isthmus, were, as it was supposed, +adjusted by the treaty of April 19, 1850, but, unfortunately, they have +been reopened by serious misunderstanding as to the import of some or its +provisions, a readjustment of which is now under consideration. Our +minister at London has made strenuous efforts to accomplish this desirable +object, but has not yet found it possible to bring the negotiations to a +termination. + +As incidental to these questions, I deem it proper to notice an occurrence +which happened in Central America near the close of the last session of +Congress. So soon as the necessity was perceived of establishing +interoceanic communications across the Isthmus a company was organized, +under the authority of the State of Nicaragua, but composed for the most +part of citizens of the United States, for the purpose of opening such a +transit way by the river San Juan and Lake Nicaragua, which soon became an +eligible and much used route in the transportation of our citizens and +their property between the Atlantic and Pacific. Meanwhile, and in +anticipation of the completion and importance of this transit way, a number +of adventurers had taken possession of the old Spanish port at the mouth of +the river San Juan in open defiance of the State or States of Central +America, which upon their becoming independent had rightfully succeeded to +the local sovereignty and jurisdiction of Spain. These adventurers +undertook to change the name of the place from San Juan del Norte to +Greytown, and though at first pretending to act as the subjects of the +fictitious sovereign of the Mosquito Indians, they subsequently repudiated +the control of any power whatever, assumed to adopt a distinct political +organization, and declared themselves an independent sovereign state. If at +some time a faint hope was entertained that they might become a stable and +respectable community, that hope soon vanished. They proceeded to assert +unfounded claims to civil jurisdiction over Punta Arenas, a position on the +opposite side of the river San Juan, which was in possession, under a title +wholly independent of them, of citizens of the United States interested in +the Nicaragua Transit Company, and which was indispensably necessary to the +prosperous operation of that route across the Isthmus. The company resisted +their groundless claims, whereupon they proceeded to destroy some of its +buildings and attempted violently to dispossess it. + +At a later period they organized a strong force for the purpose of +demolishing the establishment at Punta Arenas, but this mischievous design +was defeated by the interposition of one of our ships of war at that time +in the harbor of San Juan. Subsequently to this, in May last, a body of men +from Greytown crossed over to Punta Arenas, arrogating authority to arrest +on the charge of murder a captain of one of the steamboats of the Transit +Company. Being well aware that the claim to exercise jurisdiction there +would be resisted then, as it had been on previous occasions, they went +prepared to assert it by force of arms. Our minister to Central America +happened to be present on that occasion. Believing that the captain of the +steamboat was innocent (for he witnessed the transaction on which the +charge was founder), and believing also that the intruding party, having no +jurisdiction over the place where they proposed to make the arrest, would +encounter desperate resistance if they persisted in their purpose, he +interposed, effectually, to prevent violence and bloodshed. The American +minister afterwards visited Greytown, and whilst he was there a mob, +including certain of the so-called public functionaries of the place, +surrounded the house in which he was, avowing that they had come to arrest +him by order of some person exercising the chief authority. While parleying +with them he was wounded by a missile from the crowd. A boat dispatched +from the American steamer Northern Light to release him from the perilous +situation in which he was understood to be was fired into by the town guard +and compelled to return. These incidents, together with the known character +of the population of Greytown and their excited state, induced just +apprehensions that the lives and property of our citizens at Punta Arenas +would be in imminent danger after the departure of the steamer, with her +passengers, for New York, unless a guard was left for their protection. For +this purpose, and in order to insure the safety of passengers and property +passing over the route, a temporary force was organized, at considerable +expense to the United States, for which provision was made at the last +session of Congress. + +This pretended community, a heterogeneous assemblage gathered from various +countries, and composed for the most part of blacks and persons of mixed +blood, had previously given other indications of mischievous and dangerous +propensities. Early in the same month property was clandestinely abstracted +from the depot of the Transit Company and taken to Greytown. The plunderers +obtained shelter there and their pursuers were driven back by its people, +who not only protected the wrongdoers and shared the plunder, but treated +with rudeness and violence those who sought to recover their property. + +Such, in substance, are the facts submitted to my consideration, and proved +by trustworthy evidence. I could not doubt that the case demanded the +interposition of this Government. Justice required that reparation should +be made for so many and such gross wrongs, and that a course of insolence +and plunder, tending directly to the insecurity of the lives of numerous +travelers and of the rich treasure belonging to our citizens passing over +this transit way, should be peremptorily arrested. Whatever it might be in +other respects, the community in question, in power to do mischief, was not +despicable. It was well provided with ordnance, small arms, and ammunition, +and might easily seize on the unarmed boats, freighted with millions of +property, which passed almost daily within its reach. It did not profess to +belong to any regular government, and had, in fact, no recognized +dependence on or connection with anyone to which the United States or their +injured citizens might apply for redress or which could be held responsible +in any way for the outrages committed. Not standing before the world in the +attitude of an organized political society, being neither competent to +exercise the rights nor to discharge the obligations of a government, it +was, in fact, a marauding establishment too dangerous to be disregarded and +too guilty to pass unpunished, and yet incapable of being treated in any +other way than as a piratical resort of outlaws or a camp of savages +depredating on emigrant trains or caravans and the frontier settlements of +civilized states. + +Seasonable notice was given to the people of Greytown that this Government +required them to repair the injuries they had done to our citizens and to +make suitable apology for their insult of our minister, and that a ship of +war would be dispatched thither to enforce compliance with these demands. +But the notice passed unheeded. Thereupon a commander of the Navy, in +charge of the sloop of war Cyane, was ordered to repeat the demands and to +insist upon a compliance therewith. Finding that neither the populace nor +those assuming to have authority over them manifested any disposition to +make the required reparation, or even to offer excuse for their conduct, he +warned them by a public proclamation that if they did not give satisfaction +within a time specified he would bombard the town. By this procedure he +afforded them opportunity to provide for their personal safety. To those +also who desired to avoid loss of property in the punishment about to be +inflicted on the offending town he furnished the means of removing their +effects by the boats of his own ship and of a steamer which he procured and +tendered to them for that purpose. At length, perceiving no disposition on +the part of the town to comply with his requisitions, he appealed to the +commander of Her Britannic Majesty's schooner Bermuda, who was seen to have +intercourse and apparently much influence with the leaders among them, to +interpose and persuade them to take some course calculated to save the +necessity of resorting to the extreme measure indicated in his +proclamation; but that officer, instead of acceding to the request, did +nothing more than to protest against the contemplated bombardment. No steps +of any sort were taken by the people to give the satisfaction required. No +individuals, if any there were, who regarded themselves as not responsible +for the misconduct of the community adopted any means to separate +themselves from the fate of the guilty. The several charges on which the +demands for redress were founded had been publicly known to all for some +time, and were again announced to them. They did not deny any of these +charges; they offered no explanation, nothing in extenuation of their +conduct, but contumaciously refused to hold any intercourse with the +commander of the Cyane. By their obstinate silence they seemed rather +desirous to provoke chastisement than to escape it. There is ample reason +to believe that this conduct of wanton defiance on their part is imputable +chiefly to the delusive idea that the American Government would be deterred +from punishing them through fear of displeasing a formidable foreign power, +which they presumed to think looked with complacency upon their aggressive +and insulting deportment toward the United States. The Cyane at length +fired upon the town. Before much injury had been done the fire was twice +suspended in order to afford opportunity for an arrangement, but this was +declined. Most of the buildings of the place, of little value generally, +were in the sequel destroyed, but, owing to the considerate precautions +taken by our naval commander, there was no destruction of life. + +When the Cyane was ordered to Central America, it was confidently hoped and +expected that no occasion would arise for "a resort to violence and +destruction of property and loss of life." Instructions to that effect were +given to her commander; and no extreme act would have been requisite had +not the people themselves, by their extraordinary conduct in the affair, +frustrated all the possible mild measures for obtaining satisfaction. A +withdrawal from the place, the object of his visit entirely defeated, would +under the circumstances in which the commander of the Cyane found himself +have been absolute abandonment of all claim of our citizens for +indemnification and submissive acquiescence in national indignity. It would +have encouraged in these lawless men a spirit of insolence and rapine most +dangerous to the lives and property of our citizens at Punta Arenas, and +probably emboldened them to grasp at the treasures and valuable merchandise +continually passing over the Nicaragua route. It certainly would have been +most satisfactory to me if the objects of the Cyane's mission could have +been consummated without any act of public force, but the arrogant +contumacy of the offenders rendered it impossible to avoid the alternative +either to break up their establishment or to leave them impressed with the +idea that they might persevere with impunity in a career of insolence and +plunder. + +This transaction has been the subject of complaint on the part of some +foreign powers, and has been characterized with more of harshness than of +justice. If comparisons were to be instituted, it would not be difficult to +present repeated instances in the history of states standing in the very +front of modern civilization where communities far less offending and more +defenseless than Greytown have been chastised with much greater severity, +and where not cities only have been laid in ruins, but human life has been +recklessly sacrificed and the blood of the innocent made profusely to +mingle with that of the guilty. + +Passing from foreign to domestic affairs, your attention is naturally +directed to the financial condition of the country, always a subject of +general interest. For complete and exact information regarding the finances +and the various branches of the public service connected therewith I refer +you to the report of the Secretary of the Treasury, from which it will +appear that the amount of revenue during the last fiscal year from all +sources was $73,549,705, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$51, 018,249. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $24,336,380. To +the sum total of the receipts of that year is to be added a balance +remaining in the Treasury at the commencement thereof, amounting to +$21,942,892; and at the close of the same year a corresponding balance, +amounting to $20,137,967, of receipts above expenditures also remained in +the Treasury. Although, in the opinion of the Secretary of the Treasury, +the receipts of the current fiscal year are not likely to equal in amount +those of the last, yet they will undoubtedly exceed the amount of +expenditures by at least $15,000,000. I shall therefore continue to direct +that the surplus revenue be applied, so far as it can be judiciously and +economically done, to the reduction of the public debt, the amount of which +at the commencement of the last fiscal year was $67,340,628; of which there +had been paid on the 20th day of November, 1854, the sum of $22,365,172, +leaving a balance of outstanding public debt of only $44,975,456, +redeemable at different periods within fourteen years. There are also +remnants of other Government stocks, most of which are already due, and on +which the interest has ceased, but which have not yet been presented for +payment, amounting to $233,179. This statement exhibits the fact that the +annual income of the Government greatly exceeds the amount of its public +debt, which latter remains unpaid only because the time of payment has not +yet matured, and it can not be discharged at once except at the option of +public creditors, who prefer to retain the securities of the United States; +and the other fact, not less striking, that the annual revenue from all +sources exceeds by many millions of dollars the amount needed for a prudent +and economical administration of the Government. + +The estimates presented to Congress from the different Executive +Departments at the last session amounted to $38,406,581 and the +appropriations made to the sum of $58,116,958. Of this excess of +appropriations over estimates, however, more than twenty millions was +applicable to extraordinary objects, having no reference to the usual +annual expenditures. Among these objects was embraced ten millions to meet +the third article of the treaty between the United States and Mexico; so +that, in fact, for objects of ordinary expenditure the appropriations were +limited to considerably less than $40,000,000. I therefore renew my +recommendation for a reduction of the duties on imports. The report of the +Secretary of the Treasury presents a series of tables showing the operation +of the revenue system for several successive years; and as the general +principle of reduction of duties with a view to revenue, and not +protection, may now be regarded as the settled policy of the country, I +trust that little difficulty will be encountered in settling the details of +a measure to that effect. + +In connection with this subject I recommend a change in the laws, which +recent experience has shown to be essential to the protection of the +Government. There is no express provision of law requiring the records and +papers of a public character of the several officers of the Government to +be left in their offices for the use of their successors, nor any provision +declaring it felony on their part to make false entries in the books or +return false accounts. In the absence of such express provision by law, the +outgoing officers in many instances have claimed and exercised the right to +take into their own possession important books and papers, on the ground +that these were their private property, and have placed them beyond the +reach of the Government. Conduct of this character, brought in several +instances to the notice of the present Secretary of the Treasury, naturally +awakened his suspicion, and resulted in the disclosure that at four +ports--namely, Oswego, Toledo, Sandusky, and Milwaukee--the Treasury had, +by false entries, been defrauded within the four years next preceding +March, 1853, of the sum of $198,000. The great difficulty with which the +detection of these frauds has been attended, in consequence of the +abstraction of books and papers by the retiring officers, and the facility +with which similar frauds in the public service may be perpetrated render +the necessity of new legal enactments in the respects above referred to +quite obvious. For other material modifications of the revenue laws which +seem to me desirable, I refer you to the report of the Secretary of the +Treasury. That report and the tables which accompany it furnish ample +proofs of the solid foundation on which the financial security of the +country rests and of the salutary influence of the independent-treasury +system upon commerce and all monetary operations. + +The experience of the last year furnishes additional reasons, I regret to +say, of a painful character, for the recommendation heretofore made to +provide for increasing the military force employed in the Territory +inhabited by the Indians. The settlers-on the frontier have suffered much +from the incursions of predatory bands, and large parties of emigrants to +our Pacific possessions have been massacred with impunity. The recurrence +of such scenes can only be prevented by teaching these wild tribes the +power of and their responsibility to the United States. From the garrisons +of our frontier posts it is only possible to detach troops in small bodies; +and though these have on all occasions displayed a gallantry and a stern +devotion to duty which on a larger field would have commanded universal +admiration, they have usually suffered severely in these conflicts with +superior numbers, and have sometimes been entirely sacrificed. All the +disposable force of the Army is already employed on this service, and is +known to be wholly inadequate to the protection which should be afforded. +The public mind of the country has been recently shocked by savage +atrocities committed upon defenseless emigrants and border settlements, and +hardly less by the unnecessary destruction of valuable lives where +inadequate detachments of troops have undertaken to furnish the needed aid. +Without increase of the military force these scenes will be repeated, it is +to be feared, on a larger scale and with more disastrous consequences. +Congress, I am sure, will perceive that the plainest duties and +responsibilities of Government are involved in this question, and I doubt +not that prompt action may be confidently anticipated when delay must be +attended by such fearful hazards. + +The bill of the last session providing for an increase of the pay of the +rank and file of the Army has had beneficial results, not only in +facilitating enlistments, but in obvious improvement in the class of men +who enter the service. I regret that corresponding consideration was not +bestowed on the officers, who, in view of their character and services and +the expenses to which they are necessarily subject, receive at present what +is, in my judgment, inadequate compensation. + +The valuable services constantly rendered by the Army and its inestimable +importance as the nucleus around which the volunteer forces of the nation +can promptly gather in the hour of danger, sufficiently attest the wisdom +of maintaining a military peace establishment; but the theory of our system +and the wise practice under it require that any proposed augmentation in +time of peace be only commensurate with our extended limits and frontier +relations. While scrupulously adhering to this principle, I find in +existing circumstances a necessity for increase of our military force, and +it is believed that four new regiments, two of infantry and two of mounted +men, will be sufficient to meet the present exigency. If it were necessary +carefully to weigh the cost in a case of such urgency, it would be shown +that the additional expense would be comparatively light. + +With the increase of the numerical force of the Army should, I think, be +combined certain measures of reform in its organic arrangement and +administration. The present organization is the result of partial +legislation often directed to special objects and interests; and the laws +regulating rank and command, having been adopted many years ago from the +British code, are not always applicable to our service. It is not +surprising, therefore, that the system should be deficient in the symmetry +and simplicity essential to the harmonious working of its several parts, +and require a careful revision. + +The present organization, by maintaining large staff corps or departments, +separates many officers from that close connection with troops and those +active duties in the field which are deemed requisite to qualify them for +the varied responsibilities of high command. Were the duties of the Army +staff mainly discharged by officers detached from their regiments, it is +believed that the special service would be equally well performed and the +discipline and instruction of the Army be improved. While due regard to the +security of the rights of officers and to the nice sense of honor which +should be cultivated among them would seem to exact compliance with the +established rule of promotion in ordinary cases, still it can hardly be +doubted that the range of promotion by selection, which is now practically +confined to the grade of general officers, might be somewhat extended with +benefit to the public service. Observance of the rule of seniority +sometimes leads, especially in time of peace, to the promotion of officers +who, after meritorious and even distinguished service, may have been +rendered by age or infirmity incapable of performing active duty, and whose +advancement, therefore, would tend to impair the efficiency of the Army. +Suitable provision for this class of officers, by the creation of a retired +list, would remedy the evil without wounding the just pride of men who by +past services have established a claim to high consideration. In again +commending this measure to the favorable consideration of Congress I would +suggest that the power of placing officers on the retired list be limited +to one year. The practical operation of the measure would thus be tested, +and if after the lapse of years there should be occasion to renew the +provision it can be reproduced with any improvements which experience may +indicate. The present organization of the artillery into regiments is +liable to obvious objections. The service of artillery is that of +batteries, and an organization of batteries into a corps of artillery would +be more consistent with the nature of their duties. A large part of the +troops now called artillery are, and have been, on duty as infantry, the +distinction between the two arms being merely nominal. This nominal +artillery in our service is disproportionate to the whole force and greater +than the wants of the country demand. I therefore commend the +discontinuance of a distinction which has no foundation in either the arms +used or the character of the service expected to be performed. + +In connection with the proposition for the increase of the Army, I have +presented these suggestions with regard to certain measures of reform as +the complement of a system which would produce the happiest results from a +given expenditure, and which, I hope, may attract the early attention and +be deemed worthy of the approval of Congress. + +The recommendation of the Secretary of the Navy having reference to more +ample provisions for the discipline and general improvement in the +character of seamen and for the reorganization and gradual increase of the +Navy I deem eminently worthy of your favorable consideration. The +principles which have controlled our policy in relation to the permanent +military force by sea and land are sound, consistent with the theory of our +system, and should by no means be disregarded. But, limiting the force to +the objects particularly set forth in the preceding part of this message, +we should not overlook the present magnitude and prospective extension of +our commercial marine, nor fail to give due weight to the fact that besides +the 2,000 miles of Atlantic seaboard we have now a Pacific coast stretching +from Mexico to the British possessions in the north, teeming with wealth +and enterprise and demanding the constant presence of ships of war. The +augmentation of the Navy has not kept pace with the duties properly and +profitably assigned to it in time of peace, and it is inadequate for the +large field of its operations, not merely in the present, but still more in +the progressively increasing exigencies of the commerce of the United +States. I cordially approve of the proposed apprentice system for our +national vessels recommended by the Secretary of the Navy. The occurrence +during the last few months of marine disasters of the most tragic nature, +involving great loss of human life, has produced intense emotions of +sympathy and sorrow throughout the country. It may well be doubted whether +all these calamitous events are wholly attributable to the necessary and +inevitable dangers of the sea. The merchants, mariners, and shipbuilders of +the United States are, it is true, unsurpassed in far-reaching enterprise, +skill, intelligence, and courage by any others in the world. But with the +increasing amount of our commercial tonnage in the aggregate and the larger +size and improved equipment of the ships now constructed a deficiency in +the supply of reliable seamen begins to be very seriously felt. The +inconvenience may perhaps be met in part by due regulation for the +introduction into our merchant ships of indented apprentices, which, while +it would afford useful and eligible occupation to numerous young men, would +have a tendency to raise the character of seamen as a class. And it is +deserving of serious reflection whether it may not be desirable to revise +the existing laws for the maintenance of discipline at sea, upon which the +security of life and property on the ocean must to so great an extent +depend. Although much attention has already been given by Congress to the +proper construction and arrangement of steam vessels and all passenger +ships, still it is believed that the resources of science and mechanical +skill in this direction have not been exhausted. No good reason exists for +the marked distinction which appears upon our statutes between the laws for +protecting life and property at sea and those for protecting them on land. +In most of the States severe penalties are provided to punish conductors of +trains, engineers, and others employed in the transportation of persons by +railway or by steamboats on rivers. Why should not the same principle be +applied to acts of insubordination, cowardice, or other misconduct on the +part of masters and mariners producing injury or death to passengers on the +high seas, beyond the jurisdiction of any of the States, and where such +delinquencies can be reached only by the power of Congress? The whole +subject is earnestly commended to your consideration. + +The report of the Postmaster-General, to which you are referred for many +interesting details in relation to this important and rapidly extending +branch of the public service, shows that the expenditure of the year ending +June 30, 1854, including $133,483 of balance due to foreign offices, +amounted to $8,710,907. The gross receipts during the same period amounted +to $6,955,586, exhibiting an expenditure over income of $1,755,321 and a +diminution of deficiency as compared with the last year of $361,756. The +increase of the revenue of the Department for the year ending June 30, +1854, over the preceding year was $970,399. No proportionate increase, +however, can be anticipated for the current year, in consequence of the act +of Congress of June 23, 1854, providing for increased compensation to all +postmasters. From these statements it is apparent that the Post-Office +Department, instead of defraying its expenses according to the design at +the time of its creation, is now, and under existing laws must continue to +be, to no small extent a charge upon the general Treasury. The cost of mail +transportation during the year ending June 30, 1854, exceeds the cost of +the preceding year by $495,074. I again call your attention to the subject +of mail transportation by ocean steamers, and commend the suggestions of +the Postmaster General to your early attention. + +During the last fiscal year 11,070,935 acres of the public lands have been +surveyed and 8,190,017 acres brought into market. The number of acres sold +is 7,035,735 and the amount received therefor $9,285,533. The aggregate +amount of lands sold, located under military scrip and land warrants, +selected as swamp lands by States, and by locating under grants for roads +is upward of 23,000,000 acres. The increase of lands sold over the previous +year is about 6,000,000 acres, and the sales during the first two quarters +of the current year present the extraordinary result of five and a half +millions sold, exceeding by nearly 4,000,000 acres the sales of the +corresponding quarters of the last year. + +The commendable policy of the Government in relation to setting apart +public domain for those who have served their country in time of war is +illustrated by the fact that since 1790 no less than 30,000,000 acres have +been applied to this object. + +The suggestions which I submitted in my annual message of last year in +reference to grants of land in aid of the construction of railways were +less full and explicit than the magnitude of the subject and subsequent +developments would seem to render proper and desirable. Of the soundness of +the principle then asserted with regard to the limitation of the power of +Congress I entertain no doubt, but in its application it is not enough that +the value of lands in a particular locality may be enhanced; that, in fact, +a larger amount of money may probably be received in a given time for +alternate sections than could have been realized for all the sections +without the impulse and influence of the proposed improvements. A prudent +proprietor looks beyond limited sections of his domain, beyond present +results to the ultimate effect which a particular line of policy is likely +to produce upon all his possessions and interests. The Government, which is +trustee in this matter for the people of the States, is bound to take the +same wise and comprehensive view. Prior to and during the last session of +Congress upward of 30,000,000 acres of land were withdrawn from public sale +with a view to applications for grants of this character pending before +Congress. A careful review of the whole subject led me to direct that all +such orders be abrogated and the lands restored to market, and instructions +were immediately given to that effect. The applications at the last session +contemplated the construction of more than 5,000 miles of road and grants +to the amount of nearly 20,000,000 acres of the public domain. Even +admitting the right on the part of Congress to be unquestionable, is it +quite clear that the proposed grants would be productive of good, and not +evil? The different projects are confined for the present to eleven States +of this Union and one Territory. The reasons assigned for the grants show +that it is proposed to put the works speedily in process of construction. +When we reflect that since the commencement of the construction of railways +in the United States, stimulated, as they have been, by the large dividends +realized from the earlier works over the great thoroughfares and between +the most important points of commerce and population, encouraged by State +legislation, and pressed forward by the amazing energy of private +enterprise, only 17,000 miles have been completed in all the States in a +quarter of a century; when we see the crippled condition of many works +commenced and prosecuted upon what were deemed to be sound principles and +safe calculations; when we contemplate the enormous absorption of capital +withdrawn from the ordinary channels of business, the extravagant rates of +interest at this moment paid to continue operations, the bankruptcies, not +merely in money but in character, and the inevitable effect upon finances +generally, can it be doubted that the tendency is to run to excess in this +matter? Is it wise to augment this excess by encouraging hopes of sudden +wealth expected to flow from magnificent schemes dependent upon the action +of Congress? Does the spirit which has produced such results need to be +stimulated or checked? Is it not the better rule to leave all these works +to private enterprise, regulated and, when expedient, aided by the +cooperation of States? If constructed by private capital the stimulant and +the check go together and furnish a salutary restraint against speculative +schemes and extravagance. But it is manifest that with the most effective +guards there is danger of going too fast and too far. We may well pause +before a proposition contemplating a simultaneous movement for the +construction of railroads which in extent will equal, exclusive of the +great Pacific road and all its branches, nearly one-third of the entire +length of such works now completed in the United States, and which can not +cost with equipments less than $150,000,000. The dangers likely to result +from combinations of interests of this character can hardly be +overestimated. But independently of these considerations, where is the +accurate knowledge, the comprehensive intelligence, which shall +discriminate between the relative claims of these twenty eight proposed +roads in eleven States and one Territory? Where will you begin and where +end? If to enable these companies to execute their proposed works it is +necessary that the aid of the General Government be primarily given, the +policy will present a problem so comprehensive in its bearings and so +important to our political and social well-being as to claim in +anticipation the severest analysis. Entertaining these views, I recur with +satisfaction to the experience and action of the last session of Congress +as furnishing assurance that the subject will not fail to elicit a careful +reexamination and rigid scrutiny. It was my intention to present on this +occasion some suggestions regarding internal improvements by the General +Government, which want of time at the close of the last session prevented +my submitting on the return to the House of Representatives with objections +of the bill entitled "An act making appropriations for the repair, +preservation, and completion of certain public works heretofore commenced +under the authority of law;" but the space in this communication already +occupied with other matter of immediate public exigency constrains me to +reserve that subject for a special message, which will be transmitted to +the two Houses of Congress at an early day. The judicial establishment of +the United States requires modification, and certain reforms in the manner +of conducting the legal business of the Government are also much needed; +but as I have addressed you upon both of these subjects at length before, I +have only to call your attention to the suggestions then made. + +My former recommendations in relation to suitable provision for various +objects of deep interest to the inhabitants of the District of Columbia are +renewed. Many of these objects partake largely of a national character, and +are important independently of their relation to the prosperity of the only +considerable organized community in the Union entirely unrepresented in +Congress. + +I have thus presented suggestions on such subjects as appear to me to be of +particular interest or importance, and therefore most worthy of +consideration during the short remaining period allotted to the labors of +the present Congress. + +Our forefathers of the thirteen united colonies, in acquiring their +independence and in rounding this Republic of the United States of America, +have devolved upon us, their descendants, the greatest and the most noble +trust ever committed to the hands of man, imposing upon all, and especially +such as the public will may have invested for the time being with political +functions, the most sacred obligations. We have to maintain inviolate the +great doctrine of the inherent right of popular self-government; to +reconcile the largest liberty of the individual citizen with complete +security of the public order; to render cheerful obedience to the laws of +the land, to unite in enforcing their execution, and to frown indignantly +on all combinations to resist them; to harmonize a sincere and ardent +devotion to the institutions of religions faith with the most universal +religious toleration; to preserve the rights of all by causing each to +respect those of the other; to carry forward every social improvement to +the uttermost limit of human perfectibility, by the free action of mind +upon mind, not by the obtrusive intervention of misapplied force; to uphold +the integrity and guard the limitations of our organic law; to preserve +sacred from all touch of usurpation, as the very palladium of our political +salvation, the reserved rights and powers of the several States and of the +people; to cherish with loyal fealty and devoted affection this Union, as +the only sure foundation on which the hopes of civil liberty rest; to +administer government with vigilant integrity and rigid economy; to +cultivate peace and friendship with foreign nations, and to demand and +exact equal justice from all, but to do wrong to none; to eschew +intermeddling with the national policy and the domestic repose of other +governments, and to repel it from our own; never to shrink from war when +the rights and the honor of the country call us to arms, but to cultivate +in preference the arts of peace, seek enlargement of the rights of +neutrality, and elevate and liberalize the intercourse of nations; and by +such just and honorable means, and such only, whilst exalting the condition +of the Republic, to assure to it the legitimate influence and the benign +authority of a great example amongst all the powers of Christendom. + +Under the solemnity of these convictions the blessing of Almighty God is +earnestly invoked to attend upon your deliberations and upon all the +counsels and acts of the Government, to the end that, with common zeal and +common efforts, we may, in humble submission to the divine will, cooperate +for the promotion of the supreme good of these United States. + +*** + +State of the Union Address +Franklin Pierce +December 31, 1855 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The Constitution of the United States provides that Congress shall assemble +annually on the first Monday of December, and it has been usual for the +President to make no communication of a public character to the Senate and +House of Representatives until advised of their readiness to receive it. I +have deferred to this usage until the close of the first month of the +session, but my convictions of duty will not permit me longer to postpone +the discharge of the obligation enjoined by the Constitution upon the +President "to give to the Congress information of the state of the Union +and recommend to their consideration such measures as he shall judge +necessary and expedient." It is matter of congratulation that the Republic +is tranquilly advancing in a career of prosperity and peace. + +Whilst relations of amity continue to exist between the United States and +all foreign powers, with some of them grave questions are depending which +may require the consideration of Congress. + +Of such questions, the most important is that which has arisen out of the +negotiations with Great Britain in reference to Central America. By the +convention concluded between the two Governments on the 19th of April, +1850, both parties covenanted that "neither will ever" "occupy, or fortify, +or colonize, or assume or exercise any dominion over Nicaragua. Costa Rica, +the Mosquito Coast, or any part of Central America." + +It was the undoubted understanding of the United States in making this +treaty that all the present States of the former Republic of Central +America and the entire territory of each would thenceforth enjoy complete +independence, and that both contracting parties engaged equally and to the +same extent, for the present and, for the future, that if either then had +any claim of right in Central America such claim and all occupation or +authority under it were unreservedly relinquished by the stipulations of +the convention, and that no dominion was thereafter to be exercised or +assumed in any part of Central America by Great Britain or the United +States. + +This Government consented to restrictions in regard to a region of country +wherein we had specific and peculiar interests only upon the conviction +that the like restrictions were in the same sense obligatory on Great +Britain. But for this understanding of the force and effect of the +convention it would never have been concluded by us. + +So clear was this understanding on the part of the United States that in +correspondence contemporaneous with the ratification of the convention it +was distinctly expressed that the mutual covenants of nonoccupation were +not intended to apply to the British establishment at the Balize. This +qualification is to be ascribed to the fact that, in virtue of successive +treaties with previous sovereigns of the country, Great Britain had +obtained a concession of the right to cut mahogany or dyewoods at the +Balize, but with positive exclusion of all domain or sovereignty; and thus +it confirms the natural construction and understood import of the treaty as +to all the rest of the region to which the stipulations applied. + +It, however, became apparent at an early day after entering upon the +discharge of my present functions that Great Britain still continued in the +exercise or assertion of large authority in all that part of Central +America commonly called the Mosquito Coast, and covering the entire length +of the State of Nicaragua and a part of Costa Rica; that she regarded the +Balize as her absolute domain and was gradually extending its limits at the +expense of the State of Honduras, and, that she had formally colonized a +considerable insular group known as the Bay Islands, and belonging of right +to that State. + +All these acts or pretensions of Great Britain, being contrary to the +rights of the States of Central America and to the manifest tenor of her +stipulations with the United States as understood by this Government, have +been made the subject of negotiation through the American minister in +London. I transmit herewith the instructions to him on the subject and the +correspondence between him and the British secretary for foreign affairs, +by which you will perceive that the two Governments differ widely and +irreconcilably as to the construction of the convention and its effect on +their respective relations to Central America. + +Great Britain so construes the convention as to maintain unchanged all her +previous pretensions over the Mosquito Coast and in different parts of +Central America. These pretensions as to the Mosquito Coast are founded on +the assumption of political relation between Great Britain and the remnant +of a tribe of Indians on that coast, entered into at a time when the whole +country was a colonial possession of Spain. It can not be successfully +controverted that by the public law of Europe and America no possible act +of such Indians or their predecessors could confer on Great Britain any +political rights. + +Great Britain does not allege the assent of Spain as the origin of her +claims on the Mosquito Coast. She has, on the contrary, by repeated and +successive treaties renounced and relinquished all pretensions of her own +and recognized the full and sovereign rights of Spain in the most +unequivocal terms. Yet these pretensions, so without solid foundation in +the beginning and thus repeatedly abjured, were at a recent period revived +by Great Britain against the Central American States, the legitimate +successors to all the ancient jurisdiction of Spain in that region. They +were first applied only to a defined part of the coast of Nicaragua, +afterwards to the whole of its Atlantic coast, and lastly to a part of the +coast of Costa Rica, and they are now reasserted to this extent +notwithstanding engagements to the United States. + +On the eastern coast of Nicaragua and Costa Rica the interference of Great +Britain, though exerted at one time in the form of military occupation of +the port of San Juan del Norte, then in the peaceful possession of the +appropriate authorities of the Central American States, is now presented by +her as the rightful exercise of a protectorship over the Mosquito tribe of +Indians. + +But the establishment at the Balize, now reaching far beyond its treaty +limits into the State of Honduras, and that of the Bay Islands, +appertaining of right to the same State, are as distinctly colonial +governments as those of Jamaica or Canada, and therefore contrary to the +very letter, as well as the spirit, of the convention with the United +States as it was at the time of ratification and now is understood by this +Government. + +The interpretation which the British Government thus, in assertion and act, +persists in ascribing to the convention entirely changes its character. +While it holds us to all our obligations, it in a great measure releases +Great Britain from those which constituted the consideration of this +Government for entering into the convention. It is impossible, in my +judgment, for the United States to acquiesce in such a construction of the +respective relations of the two Governments to Central America. + +To a renewed call by this Government upon Great Britain to abide by and +Carry into effect the stipulations of the convention according to its +obvious import by withdrawing from the possession or colonization of +portions of the Central American States of Honduras, Nicaragua, and Costa +Rica, the British Government has at length replied, affirming that the +operation of the treaty is prospective only and did not require Great +Britain to abandon or contract any possessions held by her in Central +America at the date of its conclusion. + +This reply substitutes a partial issue in the place of the general one +presented by the United States. The British Government passes over the +question of the rights of Great Britain, real or supposed, in Central +America, and assumes that she had such rights at the date of the treaty and +that those rights comprehended the protectorship of the Mosquito Indians, +the extended jurisdiction and limits of the Balize, and the colony of the +Bay Islands, and thereupon proceeds by implication to infer that if the +stipulations of the treaty be merely future in effect Great Britain may +still continue to hold the contested portions of Central America. The +United States can not admit either the inference or the premises. We +steadily deny that at the date of the treaty Great Britain had any +possessions there other than the limited and peculiar establishment at the +Balize, and maintain that if she had any they were surrendered by the +convention. + +This Government, recognizing the obligations of the treaty, has, of course, +desired to see it executed in good faith by both parties, and in the +discussion, therefore, has not looked to rights which we might assert +independently of the treaty in consideration of our geographical position +and of other circumstances which create for us relations to the Central +American States different from those of any government of Europe. The +British Government, in its last communication, although well knowing the +views of the United States, still declares that it sees no reason why a +conciliatory spirit may not enable the two Governments to overcome all +obstacles to a satisfactory adjustment of the subject. + +Assured of the correctness of the construction of the treaty constantly +adhered to by this Government and resolved to insist on the rights of the +United States, yet actuated also by the same desire which is avowed by the +British Government, to remove all causes of serious misunderstanding +between two nations associated by so many ties of interest and kindred, it +has appeared to me proper not to consider an amicable solution of the +controversy hopeless. + +There is, however, reason to apprehend that with Great Britain in the +actual occupation of the disputed territories, and the treaty therefore +practically null so far as regards our rights, this international +difficulty can not long remain undetermined without involving in serious +danger the friendly relations which it is the interest as well as the duty +of both countries to cherish and preserve. It will afford me sincere +gratification if future efforts shall result in the success anticipated +heretofore with more confidence than the aspect of the case permits me now +to entertain. + +One other subject of discussion between the United States and Great Britain +has grown out of the attempt, which the exigencies of the war in which she +is engaged with Russia induced her to make, to draw recruits from the +United States. + +It is the traditional and settled policy of the United States to maintain +impartial neutrality during the wars which from time to time occur among +the great powers of the world. Performing all the duties of neutrality +toward the respective belligerent states, we may reasonably expect them not +to interfere with our lawful enjoyment of its benefits. Notwithstanding the +existence of such hostilities, our citizens retained the individual right +to continue all their accustomed pursuits, by land or by sea, at home or +abroad, subject only to such restrictions in this relation as the laws of +war, the usage of nations, or special treaties may impose; and it is our +sovereign right that our territory and jurisdiction shall not be invaded by +either of the belligerent parties for the transit of their armies, the +operations of their fleets, the levy of troops for their service, the +fitting out of cruisers by or against either, or any other act or incident +of war. And these undeniable rights of neutrality, individual and national, +the United States will under no circumstances surrender. + +In pursuance of this policy, the laws of the United States do not forbid +their citizens to sell to either of the belligerent powers articles +contraband of war or take munitions of war or soldiers on board their +private ships for transportation; and although in so doing the individual +citizen exposes his property or person to some of the hazards of war, his +acts do not involve any breach of national neutrality nor of themselves +implicate the Government. Thus, during the progress of the present war in +Europe, our citizens have, without national responsibility therefor, sold +gunpowder and arms to all buyers, regardless of the destination of those +articles. Our merchantmen have been, and still continue to be, largely +employed by Great Britain and by France in transporting troops, provisions, +and munitions of war to the principal seat of military operations and in +bringing home their sick and wounded soldiers; but such use of our +mercantile marine is not interdicted either by the international or by our +municipal law, and therefore does not compromise our neutral relations with +Russia. But our municipal law, in accordance with the law of nations, +peremptorily forbids not only foreigners, but our own citizens, to fit out +within the United States a vessel to commit hostilities against any state +with which the United States are at peace, or to increase the force of any +foreign armed vessel intended for such hostilities against a friendly +state. + +Whatever concern may have been felt by either of the belligerent powers +lest private armed cruisers or other vessels in the service of one might be +fitted out in the ports of this country to depredate on the property of the +other, all such fears have proved to be utterly groundless. Our citizens +have been withheld from any such act or purpose by good faith and by +respect for the law. + +While the laws of the Union are thus peremptory in their prohibition of the +equipment or armament of belligerent cruisers in our ports, they provide +not less absolutely that no person shall, within the territory or +jurisdiction of the United States, enlist or enter himself, or hire or +retain another person to enlist or enter himself, or to go beyond the +limits or jurisdiction of the United States with intent to be enlisted or +entered, in the service of any foreign state, either as a soldier or as a +marine or seaman on board of any vessel of war, letter of marque, or +privateer. And these enactments are also in strict conformity with the law +of nations, which declares that no state has the right to raise troops for +land or sea service in another state without its consent, and that, whether +forbidden by the municipal law or not, the very attempt to do it without +such consent is an attack on the national sovereignty. + +Such being the public rights and the municipal law of the United States, no +solicitude on the subject was entertained by this Government when, a year +since, the British Parliament passed an act to provide for the enlistment +of foreigners in the military service of Great Britain. Nothing on the face +of the act or in its public history indicated that the British Government +proposed to attempt recruitment in the United States, nor did it ever give +intimation of such intention to this Government. It was matter of surprise, +therefore, to find subsequently that the engagement of persons within the +United States to proceed to Halifax, in the British Province of Nova +Scotia, and there enlist in the service of Great Britain, was going on +extensively, with little or no disguise. Ordinary legal steps were +immediately taken to arrest and punish parties concerned, and so put an end +to acts infringing the municipal law and derogatory to our sovereignty. +Meanwhile suitable representations on the subject were addressed to the +British Government. + +Thereupon it became known, by the admission of the British Government +itself, that the attempt to draw recruits from this country originated with +it, or at least had its approval and sanction; but it also appeared that +the public agents engaged in it had "stringent instructions" not to violate +the municipal law of the United States. + +It is difficult to understand how it should have been supposed that troops +could be raised here by Great Britain without violation of the municipal +law. The unmistakable object of the law was to prevent every such act which +if performed must be either in violation of the law or in studied evasion +of it, and in either alternative the act done would be alike injurious to +the sovereignty of the United States. In the meantime the matter acquired +additional importance by the recruitments in the United States not being +discontinued, and the disclosure of the fact that they were prosecuted upon +a systematic plan devised by official authority; that recruiting rendezvous +had been opened in our principal cities and depots for the reception of +recruits established on our frontier, and the whole business conducted +under the supervision and by the regular cooperation of British officers, +civil and military, some in the North American Provinces and some in the +United States. The complicity of those officers in an undertaking which +could only be accomplished by defying our laws, throwing suspicion over our +attitude of neutrality, and disregarding our territorial rights is +conclusively proved by the evidence elicited on the trial of such of their +agents as have been apprehended and convicted. Some of the officers thus +implicated are of high official position, and many of them beyond our +jurisdiction, so that legal proceedings could not reach the source of the +mischief. + +These considerations, and the fact that the cause of complaint was not a +mere casual occurrence, trot a deliberate design, entered upon with full +knowledge of our laws and national policy and conducted by responsible +public functionaries, impelled me to present the case to the British +Government, in order to secure not only a cessation of the, wrong, but its +reparation. The subject is still under discussion, the result of which will +be communicated to you in due time. + +I repeat the recommendation submitted to the last Congress, that provision +be made for the appointment of a commissioner, in connection with Great +Britain, to survey and establish the boundary line which divides the +Territory of Washington from the contiguous British possessions. By reason +of the extent and importance of the country in dispute, there has been +imminent danger of collision between the subjects of Great Britain and the +citizens of the United States, including their respective authorities, in +that quarter. The prospect of a speedy arrangement has contributed hitherto +to induce on both sides forbearance to assert by force what each claims as +a right. Continuance of delay on the part of the two Governments to act in +the matter will increase the dangers and difficulties of the controversy. + +Misunderstanding exists as to the extent, character, and value of the +possessory rights of the Hudsons Bay Company and the property of the Pugets +Sound Agricultural Company reserved in our treaty with Great Britain +relative to the Territory of Oregon. I have reason to believe that a +cession of the rights of both companies to the United States, which would +be the readiest means of terminating all questions, can be obtained on +reasonable terms, and with a view to this end I present the subject to the +attention of Congress. + +The colony of Newfoundland, having enacted the laws required by the treaty +of the 5th of June, 1854, is now placed on the same footing in respect to +commercial intercourse with the United States as the other British North +American Provinces. + +The commission which that treaty contemplated, for determining the rights +of fishery in rivers and mouths of rivers on the coasts of the United +States and the British North American Provinces, has been organized, and +has commenced its labors, to complete which there are needed further +appropriations for the service of another season. + +In pursuance of the authority conferred by a resolution of the Senate of +the United States passed on the 3d of March last, notice was given to +Denmark on the 14th day of April of the intention of this Government to +avail itself of the stipulation of the subsisting convention of friendship, +commerce, and navigation between that Kingdom and the United States whereby +either party might after ten years terminate the same at the expiration of +one year from the date of notice for that purpose. + +The considerations which led me to call the attention of Congress to that +convention and induced the Senate to adopt the resolution referred to still +continue in full force. The convention contains an article which, although +it does not directly engage the United States to submit to the imposition +of tolls on the vessels and cargoes of Americans passing into or from the +Baltic Sea during the continuance of the treaty, yet may by possibility be +construed as implying such submission. The exaction of those tolls not +being justified by any principle of international law, it became the right +and duty of the United States to relieve themselves from the implication of +engagement on the subject, so as to be perfectly free to act in the +premises in such way as their public interests and honor shall demand. + +I remain of the opinion that the United States ought not to submit to the +payment of the Sound dues, not so much because of their amount, which is a +secondary matter, but because it is in effect the recognition of the right +of Denmark to treat one of the great maritime highways of nations as a +close sea, and prevent the navigation of it as a privilege, for which +tribute may be imposed upon those who have occasion to use it. + +This Government on a former occasion, not unlike the present, signalized +its determination to maintain the freedom of the seas and of the great +natural channels of navigation. The Barbary States had for a long time +coerced the payment of tribute from all nations whose ships frequented the +Mediterranean. To the last demand of such payment made by them the United +States, although suffering less by their depredations than many other +nations, returned the explicit answer that we preferred war to tribute, and +thus opened the way to the relief of the commerce of the world from an +ignominious tax, so long submitted to by the more powerful nations of +Europe. + +If the manner of payment of the Sound dues differ from that of the tribute +formerly conceded to the Barbary States, still their exaction by Denmark +has no better foundation in right. Each was in its origin nothing but a tax +on a common natural right, extorted by those who were at that time able to +obstruct the free and secure enjoyment of it, but who no longer possess +that power. + +Denmark, while resisting our assertion of the freedom of the Baltic Sound +and Belts, has indicated a readiness to make some new arrangement on the +subject, and has invited the governments interested, including the United +States, to be represented in a convention to assemble for the purpose of +receiving and considering a proposition which she intends to submit for the +capitalization of the Sound dues and the distribution of the sum to be paid +as commutation among the governments according to the respective +proportions of their maritime commerce to and from the Baltic. I have +declined, in behalf of the United States, to accept this invitation, for +the most cogent reasons. One is that Denmark does not offer to submit to +the convention the question of her right to levy the Sound dues. The second +is that if the convention were allowed to take cognizance of that +particular question, still it would not be competent to deal with the great +international principle involved, which affects the right in other cases of +navigation and commercial freedom, as well as that of access to the Baltic. +Above all, by the express terms of the proposition it is contemplated that +the consideration of the Sound dues shall be commingled with and made +subordinate to a matter wholly extraneous--the balance of power among the +Governments of Europe. + +While, however, rejecting this proposition and insisting on the right of +free transit into and from the Baltic, I have expressed to Denmark a +willingness on the part of the United States to share liberally with other +powers in compensating her for any advantages which commerce shall +hereafter derive from expenditures made by her for the improvement and +safety of the navigation of the Sound or Belts. + +I lay before you herewith sundry documents on the subject, in which my +views are more fully disclosed. Should no satisfactory arrangement be soon +concluded, I shall again call your attention to the subject, with +recommendation of such measures as may appear to be required in order to +assert and secure the rights of the United States, so far as they are +affected by the pretensions of Denmark. + +I announce with much gratification that since the adjournment of the last +Congress the question then existing between this Government and that of +France respecting the French consul at San Francisco has been +satisfactorily determined, and that the relations of the two Governments +continue to be of the most friendly nature. + +A question, also, which has been pending for several years between the +United States and the Kingdom of Greece, growing out of the sequestration +by public authorities of that country of property belonging to the present +American consul at Athens, and which had been the subject of very earnest +discussion heretofore, has recently been settled to the satisfaction of the +party interested and of both Governments. + +With Spain peaceful relations are still maintained, and some progress has +been made in securing the redress of wrongs complained of by this +Government. Spain has not only disavowed and disapproved the conduct of the +officers who illegally seized and detained the steamer Black Warrior at +Havana, but has also paid the sum claimed as indemnity for the loss thereby +inflicted on citizens of the United States. + +In consequence of a destructive hurricane which visited Cuba in 1844, the +supreme authority of that island issued a decree permitting the importation +for the period of six months of certain building materials and provisions +free of duty, but revoked it when about half the period only had elapsed, +to the injury of citizens of the United States who had proceeded to act on +the faith of that decree. The Spanish Government refused indemnification to +the parties aggrieved until recently, when it was assented to, payment +being promised to be made so soon as the amount due can be ascertained. + +Satisfaction claimed for the arrest and search of the steamer El Dorado has +not yet been accorded, but there is reason to believe that it will be; and +that case, with others, continues to be urged on the attention of the +Spanish Government. I do not abandon the hope of concluding with Spain some +general arrangement which, if it do not wholly prevent the recurrence of +difficulties in Cuba, will render them less frequent, and, whenever they +shall occur, facilitate their more speedy settlement. + +The interposition of this Government has been invoked by many of its +citizens on account of injuries done to their persons and property for +which the Mexican Republic is responsible. The unhappy situation of that +country for some time past has not allowed its Government to give due +consideration to claims of private reparation, and has appeared to call for +and justify some forbearance in such matters on the part of this +Government. But if the revolutionary movements which have lately occurred +in that Republic end in the organization of a stable government, urgent +appeals to its justice will then be made, and, it may be hoped, with +success, for the redress of all complaints of our citizens. + +In regard to the American Republics, which from their proximity and other +considerations have peculiar relations to this Government, while it has +been my constant aim strictly to observe all the obligations of political +friendship and of good neighborhood, obstacles to this have arisen in some +of them from their own insufficient power to cheek lawless irruptions, +which in effect throws most of the task on the United States. Thus it is +that the distracted internal condition of the State of Nicaragua has made +it incumbent on me to appeal to the good faith of our citizens to abstain +from unlawful intervention in its affairs and to adopt preventive measures +to the same end, which on a similar occasion had the best results in +reassuring the peace of the Mexican States of Sonora and Lower California. + +Since the last session of Congress a treaty of amity, commerce, and +navigation and for the surrender of fugitive criminals with the Kingdom of +the Two Sicilies; a treaty of friendship, commerce, and navigation with +Nicaragua, and a convention of commercial reciprocity with the Hawaiian +Kingdom have been negotiated. The latter Kingdom and the State of Nicaragua +have also acceded to a declaration recognizing as international rights the +principles contained in the convention between the United States and Russia +of July 22, 1854. These treaties and conventions will be laid before the +Senate for ratification. + +The statements made in my last annual message respecting the anticipated +receipts and expenditures of the Treasury have been substantially +verified. + +It appears from the report of the Secretary of the Treasury that the +receipts during the last fiscal year, ending June 30, 1855, from all +sources were $65,003,930, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$56,365,393. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $9,844,528. + +The balance in the Treasury at the beginning of the present fiscal year, +July 1, 1855, was $18,931,976; the receipts for the first quarter and the +estimated receipts for the remaining three quarters amount together to +$67,918,734; thus affording in all, as the available resources of the +current fiscal year, the sum of $86,856,710. + +If to the actual expenditures of the first quarter of the current fiscal +year be added the probable expenditures for the remaining three quarters, +as estimated by the Secretary of the Treasury, the sum total will be +$71,226,846, thereby leaving an estimated balance in the Treasury on July +1, 1856, of $15,623,863.41. + +In the above-estimated expenditures of the present fiscal year are included +$3,000,000 to meet the last installment of the ten millions provided for in +the late treaty with Mexico and $7,750,000 appropriated on account of the +debt due to Texas, which two sums make an aggregate amount of $10,750,000 +and reduce the expenditures, actual or estimated, for ordinary objects of +the year to the sum of $60,476,000. + +The amount of the public debt at the commencement of the present fiscal +year was $40,583,631, and, deduction being made of subsequent payments, the +whole public debt of the Federal Government remaining at this time is less +than $40,000,000. The remnant of certain other Government stocks, amounting +to $243,000, referred to in my last message as outstanding, has since been +paid. + +I am fully persuaded that it would be difficult to devise a system superior +to that by which the fiscal business of the Government is now conducted. +Notwithstanding the great number of public agents of collection and +disbursement, it is believed that the checks and guards provided, including +the requirement of monthly returns, render it scarcely possible for any +considerable fraud on the part of those agents or neglect involving hazard +of serious public loss to escape detection. I renew, however, the +recommendation heretofore made by me of the enactment of a law declaring it +felony on the part of public officers to insert false entries in their +books of record or account or to make false returns, and also requiring +them on the termination of their service to deliver to their successors all +books, records, and other objects of a public nature in their custody. + +Derived, as our public revenue is, in chief part from duties on imports, +its magnitude affords gratifying evidence of the prosperity, not only of +our commerce, but of the other great interests upon which that depends. + +The principle that all moneys not required for the current expenses of the +Government should remain for active employment in the hands of the people +and the conspicuous fact that the annual revenue from all sources exceeds +by many millions of dollars the amount needed for a prudent and economical +administration of public affairs can not fail to suggest the propriety of +an early revision and reduction of the tariff of duties on imports. It is +now so generally conceded that the purpose of revenue alone can justify the +imposition of duties on imports that in readjusting the impost tables and +schedules, which unquestionably require essential modifications, a +departure from the principles of the present tariff is not anticipated. + +The Army during the past year has been actively engaged in defending the +Indian frontier, the state of the service permitting but few and small +garrisons in our permanent fortifications. The additional regiments +authorized at the last session of Congress have been recruited and +organized, and a large portion of the troops have already been sent to the +field. All the duties which devolve on the military establishment have been +satisfactorily performed, and the dangers and privations incident to the +character of the service required of our troops have furnished additional +evidence of their courage, zeal, and capacity to meet any requisition which +their country may make upon them. For the details of the military +operations, the distribution of the troops, and additional provisions +required for the military service, I refer to the report of the Secretary +of War and the accompanying documents. + +Experience gathered from events which have transpired since my last annual +message has but served to confirm the opinion then expressed of the +propriety of making provision by a retired list for disabled officers and +for increased compensation to the officers retained on the list for active +duty. All the reasons which existed when these measures were recommended on +former occasions continue without modification, except so far as +circumstances have given to some of them additional force. + +The recommendations heretofore made for a partial reorganization of the +Army are also renewed. The thorough elementary education given to those +officers who commenced their service with the grade of cadet qualifies them +to a considerable extent to perform the duties of every arm of the service; +but to give the highest efficiency to artillery requires the practice and +special study of many years, and it is not, therefore, believed to be +advisable to maintain in time of peace a larger force of that arm than can +be usually employed in the duties appertaining to the service of field and +siege artillery. The duties of the staff in all its various branches belong +to the movements of troops, and the efficiency of an army in the field +would materially depend upon the ability with which those duties are +discharged. It is not, as in the case of the artillery, a specialty, but +requires also an intimate knowledge of the duties of an officer of the +line, and it is not doubted that to complete the education of an officer +for either the line or the general staff it is desirable that he shall have +served in both. With this view, it was recommended on a former occasion +that the duties of the staff should be mainly performed by details from the +line, and, with conviction of the advantages which would result from such a +change, it is again presented for the consideration of Congress. + +The report of the Secretary of the Navy, herewith submitted, exhibits in +full the naval operations of the past year, together with the present +condition of the service, and it makes suggestions of further legislation, +to which your attention is invited. + +The construction of the six steam frigates for which appropriations were +made by the last Congress has proceeded in the most satisfactory manner and +with such expedition as to warrant the belief that they will be ready for +service early in the coming spring. Important as this addition to our naval +force is, it still remains inadequate to the contingent exigencies of the +protection of the extensive seacoast and vast commercial interests of the +United States. In view of this fact and of the acknowledged wisdom of the +policy of a gradual and systematic increase of the Navy an appropriation is +recommended for the construction of six steam sloops of war. + +In regard to the steps taken in execution of the act of Congress to promote +the efficiency of the Navy, it is unnecessary for me to say more than to +express entire concurrence in the observations on that subject presented by +the Secretary in his report. + +It will be perceived by the report of the postmaster-General that the gross +expenditure of the Department for the last fiscal year was $9,968,342 and +the gross receipts $7,342,136, making an excess of expenditure over +receipts of $2,626,206; and that the cost of mail transportation during +that year was $674,952 greater than the previous year. Much of the heavy +expenditures to which the Treasury is thus subjected is to be ascribed to +the large quantity of printed matter conveyed by the mails, either franked +or liable to no postage by law or to very low rates of postage compared +with that charged on letters, and to the great cost of mail service on +railroads and by ocean steamers. The suggestions of the Postmaster-General +on the subject deserve the consideration of Congress. + +The report of the Secretary of the Interior will engage your attention as +well for useful suggestions it contains as for the interest and importance +of the subjects to which they refer. + +The aggregate amount of public land sold during the last fiscal year, +located with military scrip or land warrants, taken up under grants for +roads, and selected as swamp lands by States is 24,557,409 acres, of which +the portion sold was 15,729,524 acres, yielding in receipts the sum of +$11,485,380. In the same period of time 8,723,854 acres have been surveyed, +but, in consideration of the quantity already subject to entry, no +additional tracts have been brought into market. + +The peculiar relation of the General Government to the District of Columbia +renders it proper to commend to your care not only its material but also +its moral interests, including education, more especially in those parts of +the District outside of the cities of Washington and Georgetown. + +The commissioners appointed to revise and codify the laws of the District +have made such progress in the performance of their task as to insure its +completion in the time prescribed by the act of Congress. + +Information has recently been received that the peace of the settlements in +the Territories of Oregon and Washington is disturbed by hostilities on the +part of the Indians, with indications of extensive combinations of a +hostile character among the tribes in that quarter, the more serious in +their possible effect by reason of the undetermined foreign interests +existing in those Territories, to which your attention has already been +especially invited. Efficient measures have been taken, which, it is +believed, will restore quiet and afford protection to our citizens. + +In the Territory of Kansas there have been acts prejudicial to good order, +but as yet none have occurred under circumstances to justify the +interposition of the Federal Executive. That could only be in case of +obstruction to Federal law or of organized resistance to Territorial law, +assuming the character of insurrection, which, if it should occur, it would +be my duty promptly to overcome and suppress. I cherish the hope, however, +that the occurrence of any such untoward event will be prevented by the +sound sense of the people of the Territory, who by its organic law, +possessing the right to determine their own domestic institutions, are +entitled while deporting themselves peacefully to the free exercise of that +right, and must be protected in the enjoyment of it without interference on +the part of the citizens of any of the States. The southern boundary line +of this Territory has never been surveyed and established. The rapidly +extending settlements in that region and the fact that the main route +between Independence, in the State of Missouri, and New Mexico is +contiguous in this line suggest the probability that embarrassing questions +of jurisdiction may consequently arise. For these and other considerations +I commend the subject to your early attention. + +I have thus passed in review the general state of the Union, including such +particular concerns of the Federal Government, whether of domestic or +foreign relation, as it appeared to me desirable and useful to bring to the +special notice of Congress. Unlike the great States of Europe and Asia and +many of those of America, these United States are wasting their strength +neither in foreign war nor domestic strife. Whatever of discontent or +public dissatisfaction exists is attributable to the imperfections of human +nature or is incident to all governments, however perfect, which human +wisdom can devise. Such subjects of political agitation as occupy the +public mind consist to a great extent of exaggeration of inevitable evils, +or over zeal in social improvement, or mere imagination of grievance, +having but remote connection with any of the constitutional functions or +duties of the Federal Government. To whatever extent these questions +exhibit a tendency menacing to the stability of the Constitution or the +integrity of the Union, and no further, they demand the consideration of +the Executive and require to be presented by him to Congress. + +Before the thirteen colonies became a confederation of independent States +they were associated only by community of transatlantic origin, by +geographical position, and by the mutual tie of common dependence on Great +Britain. When that tie was sundered they severally assumed the powers and +rights of absolute self-government. The municipal and social institutions +of each, its laws of property and of personal relation, even its political +organization, were such only as each one chose to establish, wholly without +interference from any other. In the language of the Declaration of +Independence, each State had "full power to levy war, conclude peace, +contract alliances, establish commerce, and to do all other acts and things +which independent states may of right do." The several colonies differed in +climate, in soil, in natural productions, in religion, in systems of +education, in legislation, and in the forms of political administration, +and they continued to differ in these respects when they voluntarily allied +themselves as States to carry on the War of the Revolution. The object of +that war was to disenthrall the united colonies from foreign rule, which +had proved to be oppressive, and to separate them permanently from the +mother country. The political result was the foundation of a Federal +Republic of the free white men of the colonies, constituted, as they were, +in distinct and reciprocally independent State governments. As for the +subject races, whether Indian or African, the wise and brave statesmen of +that day, being engaged in no extravagant scheme of social change, left +them as they were, and thus preserved themselves and their posterity from +the anarchy and the ever-recurring civil wars which have prevailed in other +revolutionized European colonies of America. + +When the confederated States found it convenient to modify the conditions +of their association by giving to the General Government direct access in +some respects to the people of the States, instead of confining it to +action on the States as such, they proceeded to frame the existing +Constitution, adhering steadily to one guiding thought, which was to +delegate only such power as was necessary and proper to the execution of +specific purposes, or, in other words, to retain as much as possible +consistently with those purposes of the independent powers of the +individual States. For objects of common defense and security, they +intrusted to the General Government certain carefully defined functions, +leaving all others as the undelegated rights of the separate independent +sovereignties. + +Such is the constitutional theory of our Government, the practical +observance of which has carried us, and us alone among modern republics, +through nearly three generations of time without the cost of one drop of +blood shed in civil war. With freedom and concert of action, it has enabled +us to contend successfully on the battlefield against foreign foes, has +elevated the feeble colonies into powerful States, and has raised our +industrial productions and our commerce which transports them to the level +of the richest and the greatest nations of Europe. And the admirable +adaptation of our political institutions to their objects, combining local +self-government with aggregate strength, has established the practicability +of a government like ours to cover a continent with confederate states. + +The Congress of the United States is in effect that congress of +sovereignties which good men in the Old World have sought for, but could +never attain, and which imparts to America an exemption from the mutable +leagues for common action, from the wars, the mutual invasions, and vague +aspirations after the balance of power which convulse from time to time the +Governments of Europe. Our cooperative action rests in the conditions of +permanent confederation prescribed by the Constitution. Our balance of +power is in the separate reserved rights of the States and their equal +representation in the Senate. That independent sovereignty in every one of +the States, with its reserved rights of local self-government assured to +each by their coequal power in the Senate, was the fundamental condition of +the Constitution. Without it the Union would never have existed. However +desirous the larger States might be to reorganize the Government so as to +give to their population its proportionate weight in the common counsels, +they knew it was impossible unless they conceded to the smaller ones +authority to exercise at least a negative influence on all the measures of +the Government, whether legislative or executive, through their equal +representation in the Senate. Indeed, the larger States themselves could +not have failed to perceive that the same power was equally necessary to +them for the security of their own domestic interests against the aggregate +force of the General Government. In a word, the original States went into +this permanent league on the agreed premises of exerting their common +strength for the defense of the whole and of all its parts, but of utterly +excluding all capability of reciprocal aggression. Each solemnly bound +itself to all the others neither to undertake nor permit any encroachment +upon or intermeddling with another's reserved rights. + +Where it was deemed expedient particular rights of the States were +expressly guaranteed by the Constitution, but in all things besides these +rights were guarded by the limitation of the powers granted and by express +reservation of all powers not granted in the compact of union. Thus the +great power of taxation was limited to purposes of common defense and +general welfare, excluding objects appertaining to the local legislation of +the several States; and those purposes of general welfare and common +defense were afterwards defined by specific enumeration as being matters +only of co-relation between the States themselves or between them and +foreign governments, which, because of their common and general nature, +could not be left to the separate control of each State. + +Of the circumstances of local condition, interest, and rights in which a +portion of the States, constituting one great section of the Union, +differed from the rest and from another section, the most important was the +peculiarity of a larger relative colored population in the Southern than in +the Northern States. + +A population of this class, held in subjection, existed in nearly all the +States, but was more numerous and of more serious concernment in the South +than in the North on account of natural differences of climate and +production; and it was foreseen that, for the same reasons, while this +population would diminish and sooner or later cease to exist in some +States, it might increase in others. The peculiar character and magnitude +of this question of local rights, not in material relations only, but still +more in social ones, caused it to enter into the special stipulations of +the Constitution. + +Hence, while the General Government, as well by the enumerated powers +granted to it as by those not enumerated, and therefore refused to it, was +forbidden to touch this matter in the sense of attack or offense, it was +placed under the general safeguard of the Union in the sense of defense +against either invasion or domestic violence, like all other local +interests of the several States. Each State expressly stipulated, as well +for itself as for each and all of its citizens, and every citizen of each +State became solemnly bound by his allegiance to the Constitution that any +person held to service or labor in one State, escaping into another, should +not, in consequence of any law or regulation thereof, be discharged from +such service or labor, but should be delivered up on claim of the party to +whom such service or labor might be due by the laws of his State. + +Thus and thus only, by the reciprocal guaranty of all the rights of every +State against interference on the part of another, was the present form of +government established by our fathers and transmitted to us, and by no +other means is it possible for it to exist. If one State ceases to respect +the rights of another and obtrusively intermeddles with its local +interests; if a portion of the States assume to impose their institutions +on the others or refuse to fulfill their obligations to them, we are no +longer united, friendly States, but distracted, hostile ones, with little +capacity left of common advantage, but abundant means of reciprocal injury +and mischief. Practically it is immaterial whether aggressive interference +between the States or deliberate refusal on the part of any one of them to +comply with constitutional obligations arise from erroneous conviction or +blind prejudice, whether it be perpetrated by direction or indirection. In +either case it is full of threat and of danger to the durability of the +Union. + +Placed in the office of Chief Magistrate as the executive agent of the +whole country, bound to take care that the laws be faithfully executed, and +specially enjoined by the Constitution to give information to Congress on +the state of the Union, it would be palpable neglect of duty on my part to +pass over a subject like this, which beyond all things at the present time +vitally concerns individual and public security. + +It has been matter of painful regret to see States conspicuous for their +services in rounding this Republic and equally sharing its advantages +disregard their constitutional obligations to it. Although conscious of +their inability to heal admitted and palpable social evils of their own, +and which are completely within their jurisdiction, they engage in the +offensive and hopeless undertaking of reforming the domestic institutions +of other States, wholly beyond their control and authority. In the vain +pursuit of ends by them entirely unattainable, and which they may not +legally attempt to compass, they peril the very existence of the +Constitution and all the countless benefits which it has conferred. While +the people of the Southern States confine their attention to their own +affairs, not presuming officiously to intermeddle with the social +institutions of the Northern States, too many of the inhabitants of the +latter are permanently organized in associations to inflict injury on the +former by wrongful acts, which would be cause of war as between foreign +powers and only fail to be such in our system because perpetrated under +cover of the Union. + +Is it possible to present this subject as truth and the occasion require +without noticing the reiterated but groundless allegation that the South +has persistently asserted claims and obtained advantages in the practical +administration of the General Government to the prejudice of the North, and +in which the latter has acquiesced? That is, the States which either +promote or tolerate attacks on the rights of persons and of property in +other States, to disguise their own injustice, pretend or imagine, and +constantly aver, that they, whose constitutional rights are thus +systematically assailed, are themselves the aggressors. At the present time +this imputed aggression, resting, as it does, only in the vague declamatory +charges of political agitators, resolves itself into misapprehension, or +misinterpretation, of the principles and facts of the political +organization of the new Territories of the United States. + +What is the voice of history? When the ordinance which provided for the +government of the territory northwest of the river Ohio and for its +eventual subdivision into new States was adopted in the Congress of the +Confederation, it is not to be supposed that the question of future +relative power as between the States which retained and those which did not +retain a numerous colored population escaped notice or failed to be +considered. And yet the concession of that vast territory to the interests +and opinions of the Northern States, a territory now the seat of five among +the largest members of the Union, was in great measure the act of the State +of Virginia and of the South. + +When Louisiana was acquired by the United States, it was an acquisition not +less to the North than to the South; for while it was important to the +country at the mouth of the river Mississippi to become the emporium of the +country above it, so also it was even more important to the whole Union to +have that emporium; and although the new province, by reason of its +imperfect settlement, was mainly regarded as on the Gulf of Mexico, yet in +fact it extended to the opposite boundaries of the United States, with far +greater breadth above than below, and was in territory, as in everything +else, equally at least an accession to the Northern States. It is mere +delusion and prejudice, therefore, to speak of Louisiana as acquisition in +the special interest of the South. + +The patriotic and just men who participated in the act were influenced by +motives far above all sectional jealousies. It was in truth the great event +which, by completing for us the possession of the Valley of the +Mississippi, with commercial access to the Gulf of Mexico, imparted unity +and strength to the whole Confederation and attached together by +indissoluble ties the East and the West, as well as the North and the +South. + +As to Florida, that was but the transfer by Spain to the United States of +territory on the east side of the river Mississippi in exchange for large +territory which the United States transferred to Spain on the west side of +that river, as the entire diplomatic history of the transaction serves to +demonstrate. Moreover, it was an acquisition demanded by the commercial +interests and the security of the whole Union. In the meantime the people +of the United States had grown up to a proper consciousness of their +strength, and in a brief contest with France and in a second serious war +with Great Britain they had shaken off all which remained of undue +reverence for Europe, and emerged from the atmosphere of those +transatlantic influences which surrounded the infant Republic, and had +begun to turn their attention to the full and systematic development of the +internal resources of the Union. + +Among the evanescent controversies of that period the most conspicuous was +the question of regulation by Congress of the social condition of the +future States to be rounded in the territory of Louisiana. + +The ordinance for the government of the territory northwest of the river +Ohio had contained a provision which prohibited the use of servile labor +therein, subject to the condition of the extraditions of fugitives from +service due in any other part of the United States. Subsequently to the +adoption of the Constitution this provision ceased to remain as a law, for +its operation as such was absolutely superseded by the Constitution. But +the recollection of the fact excited the zeal of social propagandism in +some sections of the Confederation, and when a second State, that of +Missouri, came to be formed in the territory of Louisiana proposition was +made to extend to the latter territory the restriction originally applied +to the country situated between the rivers Ohio and Mississippi. + +Most questionable as was this proposition in all its constitutional +relations, nevertheless it received the sanction of Congress, with some +slight modifications of line, to save the existing rights of the intended +new State. It was reluctantly acquiesced in by Southern States as a +sacrifice to the cause of peace and of the Union, not only of the rights +stipulated by the treaty of Louisiana, but of the principle of equality +among the States guaranteed by the Constitution. It was received by the +Northern States with angry and resentful condemnation and complaint, +because it did not concede all which they had exactingly demanded. Having +passed through the forms of legislation, it took its place in the statute +book, standing open to repeal, like any other act of doubtful +constitutionality, subject to be pronounced null and void by the courts of +law, and possessing no possible efficacy to control the rights of the +States which might thereafter be organized out of any part of the original +territory of Louisiana. + +In all this, if any aggression there were, any innovation upon preexisting +rights, to which portion of the Union are they justly chargeable? This +controversy passed away with the occasion, nothing surviving it save the +dormant letter of the statute. + +But long afterwards, when by the proposed accession of the Republic of +Texas the United States were to take their next step in territorial +greatness, a similar contingency occurred and became the occasion for +systematized attempts to intervene in the domestic affairs of one section +of the Union, in defiance of their rights as States and of the stipulations +of the Constitution. These attempts assumed a practical direction in the +shape of persevering endeavors by some of the Representatives in both +Houses of Congress to deprive the Southern States of the supposed benefit +of the provisions of the act authorizing the organization of the State of +Missouri. + +But the good sense of the people and the vital force of the Constitution +triumphed over sectional prejudice and the political errors of the day, and +the State of Texas returned to the Union as she was, with social +institutions which her people had chosen for themselves and with express +agreement by the reannexing act that she should be susceptible of +subdivision into a plurality of States. + +Whatever advantage the interests of the Southern States, as such, gained by +this were far inferior in results, as they unfolded in the progress of +time, to those which sprang from previous concessions made by the South. + +To every thoughtful friend of the Union, to the true lovers of their +country, to all who longed and labored for the full success of this great +experiment of republican institutions, it was cause of gratulation that +such an opportunity had occurred to illustrate our advancing power on this +continent and to furnish to the world additional assurance of the strength +and stability of the Constitution. Who would wish to see Florida still a +European colony? Who would rejoice to hail Texas as a lone star instead of +one in the galaxy of States? Who does not appreciate the incalculable +benefits of the acquisition of Louisiana? And yet narrow views and +sectional purposes would inevitably have excluded them all from the Union. + +But another struggle on the same point ensued when our victorious armies +returned from Mexico and it devolved on Congress to provide for the +territories acquired by the treaty of Guadalupe Hidalgo. The great +relations of the subject had now become distinct and clear to the +perception of the public mind, which appreciated the evils of sectional +controversy upon the question of the admission of new States. In that +crisis intense solicitude pervaded the nation. But the patriotic impulses +of the popular heart, guided by the admonitory advice of the Father of his +Country, rose superior to all the difficulties of the incorporation of a +new empire into the Union. In the counsels of Congress there was manifested +extreme antagonism of opinion and action between some Representatives, who +sought by the abusive and unconstitutional employment of the legislative +powers of the Government to interfere in the condition of the inchoate +States and to impose their own social theories upon the latter, and other +Representatives, who repelled the interposition of the General Government +in this respect and maintained the self-constituting rights of the States. +In truth, the thing attempted was in form alone action of the General +Government, while in reality it was the endeavor, by abuse of legislative +power, to force the ideas of internal policy entertained in particular +States upon allied independent States. Once more the Constitution and the +Union triumphed signally. The new territories were organized without +restrictions on the disputed point, and were thus left to judge in that +particular for themselves; and the sense of constitutional faith proved +vigorous enough in Congress not only to accomplish this primary object, but +also the incidental and hardly less important one of so amending the +provisions of the statute for the extradition of fugitives from service as +to place that public duty under the safeguard of the General Government, +and thus relieve it from obstacles raised up by the legislation of some of +the States. + +Vain declamation regarding the provisions of law for the extradition of +fugitives from service, with occasional episodes of frantic effort to +obstruct their execution by riot and murder, continued for a brief time to +agitate certain localities. But the true principle of leaving each State +and Territory to regulate its own laws of labor according to its own sense +of right and expediency had acquired fast hold of the public judgment, to +such a degree that by common consent it was observed in the organization of +the Territory of Washington. When, more recently, it became requisite to +organize the Territories of Nebraska and Kansas, it was the natural and +legitimate, if not the inevitable, consequence of previous events and +legislation that the same great and sound principle which had already been +applied to Utah and New Mexico should be applied to them--that they should +stand exempt from the restrictions proposed in the act relative to the +State of Missouri. + +These restrictions were, in the estimation of many thoughtful men, null +from the beginning, unauthorized by the Constitution, contrary to the +treaty stipulations for the cession of Louisiana, and inconsistent with the +equality of these States. + +They had been stripped of all moral authority by persistent efforts to +procure their indirect repeal through contradictory enactments. They had +been practically abrogated by the legislation attending the organization of +Utah, New Mexico, and Washington. If any vitality remained in them it would +have been taken away, in effect, by the new Territorial acts in the form +originally proposed to the Senate at the first session of the last +Congress. It was manly and ingenuous, as well as patriotic and just, to do +this directly and plainly, and thus relieve the statute book of an act +which might be of possible future injury, but of no possible future +benefit; and the measure of its repeal was the final consummation and +complete recognition of the principle that no portion of the United States +shall undertake through assumption of the powers of the General Government +to dictate the social institutions of any other portion. + +The scope and effect of the language of repeal were not left in doubt. It +was declared in terms to be "the true intent and meaning of this act not to +legislate slavery into any Territory or State, nor to exclude it therefrom, +but to leave the people thereof perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." + +The measure could not be withstood upon its merits alone. It was attacked +with violence on the false or delusive pretext that it constituted a breach +of faith. Never was objection more utterly destitute of substantial +justification. When before was it imagined by sensible men that a +regulative or declarative statute, whether enacted ten or forty years ago, +is irrepealable; that an act of Congress is above the Constitution? If, +indeed, there were in the facts any cause to impute bad faith, it would +attach to those only who have never ceased, from the time of the enactment +of the restrictive provision to the present day, to denounce and condemn +it; who have constantly refused to complete it by needful supplementary +legislation; who have spared no exertion to deprive it of moral force; who +have themselves again and again attempted its repeal by the enactment of +incompatible provisions, and who, by the inevitable reactionary effect of +their own violence on the subject, awakened the country to perception of +the true constitutional principle of leaving the matter involved to the +discretion of the people of the respective existing or incipient States. + +It is not pretended that this principle or any other precludes the +possibility of evils in practice, disturbed, as political action is liable +to be, by human passions. No form of government is exempt from +inconveniences; but in this case they are the result of the abuse, and not +of the legitimate exercise, of the powers reserved or conferred in the +organization of a Territory. They are not to be charged to the great +principle of popular sovereignty. On the contrary, they disappear before +the intelligence and patriotism of the people, exerting through the ballot +box their peaceful and silent but irresistible power. + +If the friends of the Constitution are to have another struggle, its +enemies could not present a more acceptable issue than that of a State +whose constitution clearly embraces "a republican form of government" being +excluded from the Union because its domestic institutions may not in all +respects comport with the ideas of what is wise and expedient entertained +in some other State. Fresh from groundless imputations of breach of faith +against others, men will commence the agitation of this new question with +indubitable violation of an express compact between the independent +sovereign powers of the United States and of the Republic of Texas, as well +as of the older and equally solemn compacts which assure the equality of +all the States. + +But deplorable as would be such a violation of compact in itself and in all +its direct consequences, that is the very least of the evils involved. When +sectional agitators shall have succeeded in forcing on this issue, can +their pretensions fail to be met by counter pretensions? Will not different +States be compelled, respectively, to meet extremes with extremes? And if +either extreme carry its point, what is that so far forth but dissolution +of the Union? If a new State, formed from the territory of the United +States, be absolutely excluded from admission therein, that fact of itself +constitutes the disruption of union between it and the other States. But +the process of dissolution could not stop there. Would not a sectional +decision producing such result by a majority of votes, either Northern or +Southern, of necessity drive out the oppressed and aggrieved minority and +place in presence of each other two irreconcilably hostile confederations? + +It is necessary to speak thus plainly of projects the offspring of that +sectional agitation now prevailing in some of the States, which are as +impracticable as they are unconstitutional, and which if persevered in must +and will end calamitously. It is either disunion and civil war or it is +mere angry, idle, aimless disturbance of public peace and tranquillity. +Disunion for what? If the passionate rage of fanaticism and partisan spirit +did not force the fact upon our attention, it would be difficult to believe +that any considerable portion of the people of this enlightened country +could have so surrendered themselves to a fanatical devotion to the +supposed interests of the relatively few Africans in the United States as +totally to abandon and disregard the interests of the 25,000,000 Americans; +to trample under foot the injunctions of moral and constitutional +obligation, and to engage in plans of vindictive hostility against those +who are associated with them in the enjoyment of the common heritage of our +national institutions. + +Nor is it hostility against their fellow-citizens of one section of the +Union alone. The interests, the honor, the duty, the peace, and the +prosperity of the people of all sections are equally involved and imperiled +in this question. And are patriotic men in any part of the Union prepared +on such issue thus madly to invite all the consequences of the forfeiture +of their constitutional engagements? It is impossible. The storm of frenzy +and faction must inevitably dash itself in vain against the unshaken rock +of the Constitution. I shall never doubt it. I know that the Union is +stronger a thousand times than all the wild and chimerical schemes of +social change which are generated one after another in the unstable minds +of visionary sophists and interested agitators. I rely confidently on the +patriotism of the people, on the dignity and self-respect of the States, on +the wisdom of Congress, and, above all, on the continued gracious favor of +Almighty God to maintain against all enemies, whether at home or abroad, +the sanctity of the Constitution and the integrity of the Union. + +*** + +State of the Union Address +Franklin Pierce +December 2, 1856 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The Constitution requires that the President shall from time to time not +only recommend to the consideration of Congress such measures as he may +judge necessary and expedient, but also that he shall give information to +them of the state of the Union. To do this fully involves exposition of all +matters in the actual condition of the country, domestic or foreign, which +essentially concern the general welfare. While performing his +constitutional duty in this respect, the President does not speak merely to +express personal convictions, but as the executive minister of the +Government, enabled by his position and called upon by his official +obligations to scan with an impartial eye the interests of the whole and of +every part of the United States. + +Of the condition of the domestic interests of the Union--its agriculture, +mines, manufactures, navigation, and commerce--it is necessary only to say +that the internal prosperity of the country, its continuous and steady +advancement in wealth and population and in private as well as public +well-being, attest the wisdom of our institutions and the predominant +spirit of intelligence and patriotism which, notwithstanding occasional +irregularities of opinion or action resulting from popular freedom, has +distinguished and characterized the people of America. In the brief +interval between the termination of the last and the commencement of the +present session of Congress the public mind has been occupied with the care +of selecting for another constitutional term the President and +Vice-President of the United States. + +The determination of the persons who are of right, or contingently, to +preside over the administration of the Government is under our system +committed to the States and the people. We appeal to them, by their voice +pronounced in the forms of law, to call whomsoever they will to the high +post of Chief Magistrate. + +And thus it is that as the Senators represent the respective States of the +Union and the members of the House of Representatives the several +constituencies of each State, so the President represents the aggregate +population of the United States. Their election of him is the explicit and +solemn act of the sole sovereign authority of the Union. + +It is impossible to misapprehend the great principles which by their recent +political action the people of the United States have sanctioned and +announced. + +They have asserted the constitutional equality of each and all of the +States of the Union as States: they have affirmed the constitutional +equality of each and all of the citizens of the United States as citizens, +whatever their religion, wherever their birth or their residence; they have +maintained the inviolability of the constitutional rights of the different +sections of the Union, and they have proclaimed their devoted and +unalterable attachment to the Union and to the Constitution, as objects of +interest superior to all subjects of local or sectional controversy, as the +safeguard of the rights of all, as the spirit and the essence of the +liberty, peace, and greatness of the Republic. In doing this they have at +the same time emphatically condemned the idea of organizing in these United +States mere geographical parties, of marshaling in hostile array toward +each other the different parts of the country, North or South, East or +West. + +Schemes of this nature, fraught with incalculable mischief, and which the +considerate sense of the people has rejected, could have had countenance in +no part of the country had they not been disguised by suggestions plausible +in appearance, acting upon an excited state of the public mind, induced by +causes temporary in their character and, it is to be hoped, transient in +their influence. + +Perfect liberty of association for political objects and the widest scope +of discussion are the received and ordinary conditions of government in our +country. Our institutions, framed in the spirit of confidence in the +intelligence and integrity of the people, do not forbid citizens, either +individually or associated together, to attack by writing, speech, or any +other methods short of physical force the Constitution and the very +existence of the Union. Under the shelter of this great liberty, and +protected by the laws and usages of the Government they assail, +associations have been formed in some of the States of individuals who, +pretending to seek only to prevent the spread of the institution of slavery +into the present or future inchoate States of the Union, are really +inflamed with desire to change the domestic institutions of existing +States. To accomplish their objects they dedicate themselves to the odious +task of depreciating the government organization which stands in their way +and of calumniating with indiscriminate invective not only the citizens of +particular States with whose laws they find fault, but all others of their +fellow citizens throughout the country who do not participate with them in +their assaults upon the Constitution, framed and adopted by our fathers, +and claiming for the privileges it has secured and the blessings it has +conferred the steady support and grateful reverence of their children. They +seek an object which they well know to be a revolutionary one. They are +perfectly aware that the change in the relative condition of the white and +black races in the slaveholding States which they would promote is beyond +their lawful authority; that to them it is a foreign object; that it can +not be effected by any peaceful instrumentality of theirs; that for them +and the States of which they are citizens the only path to its +accomplishment is through burning cities, and ravaged fields, and +slaughtered populations, and all there is most terrible in foreign +complicated with civil and servile war; and that the first step in the +attempt is the forcible disruption of a country embracing in its broad +bosom a degree of liberty and an amount of individual and public prosperity +to which there is no parallel in history, and substituting in its place +hostile governments, driven at once and inevitably into mutual devastation +and fratricidal carnage, transforming the now peaceful and felicitous +brotherhood into a vast permanent camp of armed men like the rival +monarchies of Europe and Asia. Well knowing that such, and such only, are +the means and the consequences of their plans and purposes, they endeavor +to prepare the people of the United States for civil war by doing +everything in their power to deprive the Constitution and the laws of moral +authority and to undermine the fabric of the Union by appeals to passion +and sectional prejudice, by indoctrinating its people with reciprocal +hatred, and by educating them to stand face to face as enemies, rather than +shoulder to shoulder as friends. + +It is by the agency of such unwarrantable interference, foreign and +domestic, that the minds of many otherwise good citizens have been so +inflamed into the passionate condemnation of the domestic institutions of +the Southern States as at length to pass insensibly to almost equally +passion late hostility toward their fellow-citizens of those States, and +thus finally to fall into temporary fellowship with the avowed and active +enemies of the Constitution. Ardently attached to liberty in the abstract, +they do not stop to consider practically how the objects they would attain +can be accomplished, nor to reflect that, even if the evil were as great as +they deem it, they have no remedy to apply, and that it can be only +aggravated by their violence and unconstitutional action. A question which +is one of the most difficult of all the problems of social institution, +political economy, and statesmanship they treat with unreasoning +intemperance of thought and language. Extremes beget extremes. Violent +attack from the North finds its inevitable consequence in the growth of a +spirit of angry defiance at the South. Thus in the progress of events we +had reached that consummation, which the voice of the people has now so +pointedly rebuked, of the attempt of a portion of the States, by a +sectional organization and movement, to usurp the control of the Government +of the United States. + +I confidently believe that the great body of those who inconsiderately took +this fatal step are sincerely attached to the Constitution and the Union. +They would upon deliberation shrink with unaffected horror from any +conscious act of disunion or civil war. But they have entered into a path +which leads nowhere unless it be to civil war and disunion, and which has +no other possible outlet. They have proceeded thus far in that direction in +consequence of the successive stages of their progress having consisted of +a series of secondary issues, each of which professed to be confined within +constitutional and peaceful limits, but which attempted indirectly what few +men were willing to do directly; that is, to act aggressively against the +constitutional rights of nearly one-half of the thirty-one States. + +In the long series of acts of indirect aggression, the first was the +strenuous agitation by citizens of the Northern States, in Congress and out +of it, of the question of Negro emancipation in the Southern States. + +The second step in this path of evil consisted of acts of the people of the +Northern States, and in several instances of their governments, aimed to +facilitate the escape of persons held to service in the Southern States and +to prevent their extradition when reclaimed according to law and in virtue +of express provisions of the Constitution. To promote this object, +legislative enactments and other means were adopted to take away or defeat +rights which the Constitution solemnly guaranteed. In order to nullify the +then existing act of Congress concerning the extradition of fugitives from +service, laws were enacted in many States forbidding their officers, under +the severest penalties, to participate in the execution of any act of +Congress whatever. In this way that system of harmonious cooperation +between the authorities of the United States and of the several States, for +the maintenance of their common institutions, which existed in the early +years of the Republic was destroyed; conflicts of jurisdiction came to be +frequent, and Congress found itself compelled, for the support of the +Constitution and the vindication of its power, to authorize the appointment +of new officers charged with the execution of its acts, as if they and the +officers of the States were the ministers, respectively, of foreign +governments in a state of mutual hostility rather than fellow-magistrates +of a common country peacefully subsisting under the protection of one +well-constituted Union. Thus here also aggression was followed by reaction, +and the attacks upon the Constitution at this point did but serve to raise +up new barriers for its defense and security. + +The third stage of this unhappy sectional controversy was in connection +with the organization of Territorial governments and the admission of new +States into the Union. When it was proposed to admit the State of Maine, by +separation of territory from that of Massachusetts, and the State of +Missouri, formed of a portion of the territory ceded by France to the +United States, representatives in Congress objected to the admission of the +latter unless with conditions suited to particular views of public policy. +The imposition of such a condition was successfully resisted; but at the +same period the question was presented of imposing restrictions upon the +residue of the territory ceded by France. That question was for the time +disposed of by the adoption of a geographical line of limitation. + +In this connection it should not be forgotten that when France, of her own +accord, resolved, for considerations of the most farsighted sagacity, to +cede Louisiana to the United States, and that accession was accepted by the +United States, the latter expressly engaged that "the inhabitants of the +ceded territory shall be incorporated in the Union of the United States and +admitted as soon as possible, according to the principles of the Federal +Constitution, to the enjoyment of all the rights, advantages, and +immunities of citizens of the United States; and in the meantime they shall +be maintained and protected in the free enjoyment of their liberty, +property, and the religion which they profess;" that is to say, while it +remains in a Territorial condition its inhabitants are maintained and +protected in the free enjoyment of their liberty and property, with a right +then to pass into the condition of States on a footing of perfect equality +with the original States. + +The enactment which established the restrictive geographical line was +acquiesced in rather than approved by the States of the Union. It stood on +the statute book, however, for a number of years; and the people of the +respective States acquiesced in the reenactment of the principle as applied +to the State of Texas, and it was proposed to acquiesce in its further +application to the territory acquired by the United States from Mexico. But +this proposition was successfully resisted by the representatives from the +Northern States, who, regardless of the statute line, insisted upon +applying restriction to the new territory generally, whether lying north or +south of it, thereby repealing it as a legislative compromise, and, on the +part of the North, persistently violating the compact, if compact there +was. + +Thereupon this enactment ceased to have binding virtue in any sense, +whether as respects the North or the South, and so in effect it was treated +on the occasion of the admission of the State of California and the +organization of the Territories of New Mexico, Utah, and Washington. + +Such was the state of this question when the time arrived for the +organization of the Territories of Kansas and Nebraska. In the progress of +constitutional inquiry and reflection it had now at length come to be seen +clearly that Congress does not possess constitutional power to impose +restrictions of this character upon any present or future State of the +Union. In a long series of decisions, on the fullest argument and after the +most deliberate consideration, the Supreme Court of the United States had +finally determined this point in every form under which the question could +arise, whether as affecting public or private rights--in questions of the +public domain, of religion, of navigation, and of servitude. + +The several States of the Union are by force of the Constitution coequal in +domestic legislative power. Congress can not change a law of domestic +relation in the State of Maine; no more can it in the State of Missouri. +Any statute which proposes to do this is a mere nullity; it takes away no +right, it confers none. If it remains on the statute book unrepealed, it +remains there only as a monument of error and a beacon of warning to the +legislator and the statesman. To repeal it will be only to remove +imperfection from the statutes, without affecting, either in the sense of +permission, or of prohibition, the action of the States or of their +citizens. + +Still, when the nominal restriction of this nature, already a dead letter +in law, was in terms repealed by the last Congress, in a clause of the act +organizing the Territories of Kansas and Nebraska, that repeal was made the +occasion of a widespread and dangerous agitation. It was alleged that the +original enactment being a compact of perpetual moral obligation, its +repeal constituted an odious breach of faith. An act of Congress, while it +remains unrepealed, more especially if it be constitutionally valid in the +judgment of those public functionaries whose duty it is to pronounce on +that point, is undoubtedly binding on the conscience of each good citizen +of the Republic. But in what sense can it be asserted that the enactment in +question was invested with perpetuity and entitled to the respect of a +solemn Compact? Between whom was the compact? No distinct contending powers +of the Government, no separate sections of the Union treating as such, +entered into treaty stipulations on the subject. It was a mere clause of an +act of Congress, and, like any other controverted matter of legislation, +received its final shape and was passed by compromise of the conflicting +opinions or sentiments of the members of Congress. But if it had moral +authority over men's consciences, to whom did this authority attach? Not to +those of the North, who had repeatedly refused to confirm it by extension +and who had zealously striven to establish other and incompatible +regulations upon the subject. And if, as it thus appears, the supposed +compact had no obligatory force as to the North, of course it could not +have had any as to the South, for all such compacts must be mutual and of +reciprocal obligation. + +It has not unfrequently happened that lawgivers, with undue estimation of +the value of the law they give or in the view of imparting to it peculiar +strength, make it perpetual in terms; but they can not thus bind the +conscience, the judgment, and the will of those who may succeed them, +invested with similar responsibilities and clothed with equal authority. +More careful investigation may prove the law to be unsound in principle. +Experience may show it to be imperfect in detail and impracticable in +execution. And then both reason and right combine not merely to justify but +to require its repeal. + +The Constitution, supreme, as it is, over all the departments of the +Government--legislative, executive, and judicial--is open to amendment by +its very terms; and Congress or the States may, in their discretion, +propose amendment to it, solemn compact though it in truth is between the +sovereign States of the Union. In the present instance a political +enactment which had ceased to have legal power or authority of any kind was +repealed. The position assumed that Congress had no moral right to enact +such repeal was strange enough, and singularly so in view of the fact that +the argument came from those who openly refused obedience to existing laws +of the land, having the same popular designation and quality as compromise +acts; nay, more, who unequivocally disregarded and condemned the most +positive and obligatory injunctions of the Constitution itself, and sought +by every means within their reach to deprive a portion of their +fellow-citizens of the equal enjoyment of those rights and privileges +guaranteed alike to all by the fundamental compact of our Union. + +This argument against the repeal of the statute line in question was +accompanied by another of congenial character and equally with the former +destitute of foundation in reason and truth. It was imputed that the +measure originated in the conception of extending the limits of slave labor +beyond those previously assigned to it, and that such was its natural as +well as intended effect; and these baseless assumptions were made, in the +Northern States, the ground of unceasing assault upon constitutional +right. + +The repeal in terms of a statute, which was already obsolete and also null +for unconstitutionality, could have no influence to obstruct or to promote +the propagation of conflicting views of political or social institution. +When the act organizing the Territories of Kansas and Nebraska was passed, +the inherent effect upon that portion of the public domain thus opened to +legal settlement was to admit settlers from all the States of the Union +alike, each with his convictions of public policy and private interest, +there to found, in their discretion, subject to such limitations as the +Constitution and acts of Congress might prescribe, new States, hereafter to +be admitted into the Union. It was a free field, open alike to all, whether +the statute line of assumed restriction were repealed or not. That repeal +did not open to free competition of the diverse opinions and domestic +institutions a field which without such repeal would have been closed +against them; it found that field of competition already opened, in fact +and in law. All the repeal did was to relieve the statute book of an +objectionable enactment, unconstitutional in effect and injurious in terms +to a large portion of the States. + +Is it the fact that in all the unsettled regions of the United States, if +emigration be left free to act in this respect for itself, without legal +prohibitions on either side, slave labor will spontaneously go everywhere +in preference to free labor? Is it the fact that the peculiar domestic +institutions of the Southern States possess relatively so much of vigor +that wheresoever an avenue is freely opened to all the world they will +penetrate to the exclusion of those of the Northern States? Is it the fact +that the former enjoy, compared with the latter, such irresistibly superior +vitality, independent of climate, soil, and all other accidental +circumstances, as to be able to produce the supposed result in spite of the +assumed moral and natural obstacles to its accomplishment and of the more +numerous population of the Northern States? The argument of those who +advocate the enactment of new laws of restriction and condemn the repeal of +old ones in effect avers that their particular views of government have no +self-extending or self-sustaining power of their own, and will go nowhere +unless forced by act of Congress. And if Congress do but pause for a moment +in the policy of stern coercion; if it venture to try the experiment of +leaving men to judge for themselves what institutions will best suit them; +if it be not strained up to perpetual legislative exertion on this +point--if Congress proceed thus to act in the very spirit of liberty, it is +at once charged with aiming to extend slave labor into all the new +Territories of the United States. + +Of course these imputations on the intentions of Congress in this respect, +conceived, as they were, in prejudice and disseminated in passion, are +utterly destitute of any justification in the nature of things and contrary +to all the fundamental doctrines and principles of civil liberty and +self-government. + +While, therefore, in general, the people of the Northern States have never +at any time arrogated for the Federal Government the power to interfere +directly with the domestic condition of persons in the Southern States, +but, on the contrary, have disavowed all such intentions and have shrunk +from conspicuous affiliation with those few who pursue their fanatical +objects avowedly through the contemplated means of revolutionary change of +the Government and with acceptance of the necessary consequences--a civil +and servile war--yet many citizens have suffered themselves to be drawn +into one evanescent political issue of agitation after another, +appertaining to the same set of opinions, and which subsided as rapidly as +they arose when it came to be seen, as it uniformly did, that they were +incompatible with the compacts of the Constitution and the existence of the +Union. Thus when the acts of some of the States to nullify the existing +extradition law imposed upon Congress the duty of passing a new one, the +country was invited by agitators to enter into party organization for its +repeal; but that agitation speedily ceased by reason of the +impracticability of its object. So when the statute restriction upon the +institutions of new States by a geographical line had been repealed, the +country was urged to demand its restoration, and that project also died +almost with its birth. Then followed the cry of alarm from the North +against imputed Southern encroachments, which cry sprang in reality from +the spirit of revolutionary attack on the domestic institutions of the +South, and, after a troubled existence of a few months, has been rebuked by +the voice of a patriotic people. + +Of this last agitation, one lamentable feature was that it was carried on +at the immediate expense of the peace and happiness of the people of the +Territory of Kansas. That was made the battlefield, not so much of opposing +factions or interests within itself as of the conflicting passions of the +whole people of the United States. Revolutionary disorder in Kansas had its +origin in projects of intervention deliberately arranged by certain members +of that Congress which enacted the law for the organization of the +Territory; and when propagandist colonization of Kansas had thus been +undertaken in one section of the Union for the systematic promotion of its +peculiar views of policy there ensued as a matter of course a counteraction +with opposite views in other sections of the Union. + +In consequence of these and other incidents, many acts of disorder, it is +undeniable, have been perpetrated in Kansas, to the occasional interruption +rather than the permanent suspension of regular government. Aggressive and +most reprehensible incursions into the Territory were undertaken both in +the North and the South, and entered it on its northern border by the way +of Iowa, as well as on the eastern by way of Missouri; and there has +existed within it a state of insurrection against the constituted +authorities, not without countenance from inconsiderate persons in each of +the great sections of the Union. But the difficulties in that Territory +have been extravagantly exaggerated for purposes of political agitation +elsewhere. The number and gravity of the acts of violence have been +magnified partly by statements entirely untrue and partly by reiterated +accounts of the same rumors or facts. Thus the Territory has been seemingly +filled with extreme violence, when the whole amount of such acts has not +been greater than what occasionally passes before us in single cities to +the regret of all good citizens, but without being regarded as of general +or permanent political consequence. + +Imputed irregularities in the elections had in Kansas, like occasional +irregularities of the same description in the States, were beyond the +sphere of action of the Executive. But incidents of actual violence or of +organized obstruction of law, pertinaciously renewed from time to time, +have been met as they occurred by such means as were available and as the +circumstances required, and nothing of this character now remains to affect +the general peace of the Union. The attempt of a part of the inhabitants of +the Territory to erect a revolutionary government, though sedulously +encouraged and supplied with pecuniary aid from active agents of disorder +in some of the States, has completely failed. Bodies of armed men, foreign +to the Territory, have been prevented from entering or compelled to leave +it; predatory bands, engaged in acts of rapine under cover of the existing +political disturbances, have been arrested or dispersed, and every +well-disposed person is now enabled once more to devote himself in peace to +the pursuits of prosperous industry, for the prosecution of which he +undertook to participate in the settlement of the Territory. + +It affords me unmingled satisfaction thus to announce the peaceful +condition of things in Kansas, especially considering the means to which it +was necessary to have recourse for the attainment of the end, namely, the +employment of a part of the military force of the United States. The +withdrawal of that force from its proper duty of defending the country +against foreign foes or the savages of the frontier to employ it for the +suppression of domestic insurrection is, when the exigency occurs, a matter +of the most earnest solicitude. On this occasion of imperative necessity it +has been done with the best results, and my satisfaction in the attainment +of such results by such means is greatly enhanced by the consideration +that, through the wisdom and energy of the present executive of Kansas and +the prudence, firmness, and vigilance of the military officers on duty +there tranquillity has been restored without one drop of blood having been +shed in its accomplishment by the forces of the United States. + +The restoration of comparative tranquillity in that Territory furnishes the +means of observing calmly and appreciating at their just value the events +which have occurred there and the discussions of which the government of +the Territory has been the subject. We perceive that controversy concerning +its future domestic institutions was inevitable; that no human prudence, no +form of legislation, no wisdom on the part of Congress, could have +prevented it. + +It is idle to suppose that the particular provisions of their organic law +were the cause of agitation. Those provisions were but the occasion, or the +pretext, of an agitation which was inherent in the nature of things. +Congress legislated upon the subject in such terms as were most consonant +with the principle of popular sovereignty which underlies our Government. +It could not have legislated otherwise without doing violence to another +great principle of our institutions--the imprescriptible right of equality +of the several States. + +We perceive also that sectional interests and party passions have been the +great impediment to the salutary operation of the organic principles +adopted and the chief cause of the successive disturbances in Kansas. The +assumption that because in the organization of the Territories of Nebraska +and Kansas Congress abstained from imposing restraints upon them to which +certain other Territories had been subject, therefore disorders occurred in +the latter Territory, is emphatically contradicted by the fact that none +have occurred in the former. Those disorders were not the consequence, in +Kansas, of the freedom of self-government conceded to that Territory by +Congress, but of unjust interference on the part of persons not inhabitants +of the Territory. Such interference, wherever it has exhibited itself by +acts of insurrectionary character or of obstruction to process of law, has +been repelled or suppressed by all the means which the Constitution and the +laws place in the hands of the Executive. + +In those parts of the United States where, by reason of the inflamed state +of the public mind, false rumors and misrepresentations have the greatest +currency it has been assumed that it was the duty of the Executive not only +to suppress insurrectionary movements in Kansas, but also to see to the +regularity of local elections. It needs little argument to show that the +President has no such power. All government in the United States rests +substantially upon popular election. The freedom of elections is liable to +be impaired by the intrusion of unlawful votes or the exclusion of lawful +ones, by improper influences, by violence, or by fraud. But the people of +the United States are themselves the all sufficient guardians of their own +rights, and to suppose that they will not remedy in due season any such +incidents of civil freedom is to suppose them to have ceased to be capable +of self-government. The President of the United States has not power to +interpose in elections, to see to their freedom, to canvass their votes, or +to pass upon their legality in the Territories any more than in the States. +If he had such power the Government might be republican in form, but it +would be a monarchy in fact; and if he had undertaken to exercise it in the +case of Kansas he would have been justly subject to the charge of +usurpation and of violation of the dearest rights of the people of the +United States. + +Unwise laws, equally with irregularities at elections, are in periods of +great excitement the occasional incidents of even the freest and best +political institutions; but all experience demonstrates that in a country +like ours, where the right of self-constitution exists in the completest +form, the attempt to remedy unwise legislation by resort to revolution is +totally out of place, inasmuch as existing legal institutions afford more +prompt and efficacious means for the redress of wrong. + +I confidently trust that now, when the peaceful condition of Kansas affords +opportunity for calm reflection and wise legislation, either the +legislative assembly of the Territory or Congress will see that no act +shall remain on its statute book violative of the provisions of the +Constitution or subversive of the great objects for which that was ordained +and established, and will take all other necessary steps to assure to its +inhabitants the enjoyment, without obstruction or abridgment, of all the +constitutional rights, privileges, and immunities of citizens of the United +States, as contemplated by the organic law of the Territory. + +Full information in relation to recent events in this Territory will be +found in the documents communicated herewith from the Departments of State +and War. + +I refer you to the report of the Secretary of the Treasury for particular +information concerning the financial condition of the Government and the +various branches of the public service connected with the Treasury +Department. + +During the last fiscal year the receipts from customs were for the first +time more than $64,000,000, and from all sources $73,918,141, which, with +the balance on hand up to the 1st of July, 1855, made the total resources +of the year amount to $92,850,117. The expenditures, including $3,000,000 +in execution of the treaty with Mexico and excluding sums paid on account +of the public debt, amounted to $60,172,401, and including the latter to +$72,948,792, the payment on this account having amounted to $12,776,390. + +On the 4th of March, 1853, the amount of the public debt was $69,129,937. +There was a subsequent increase of $2,750,000 for the debt of Texas, making +a total of $71,879,937. Of this the sum of $45,525,319, including premium, +has been discharged, reducing the debt to $30,963,909, all which might be +paid within a year without embarrassing the public service, but being not +yet due and only redeemable at the option of the holder, can not be pressed +to payment by the Government. + +On examining the expenditures of the last five years it will be seen that +the average, deducting payments on account of the public debt and +$10,000,000 paid by treaty to Mexico, has been but about $48,000,000. It is +believed that under an economical administration of the Government the +average expenditure for the ensuing five years will not exceed that sum, +unless extraordinary occasion for its increase should occur. The acts +granting bounty lands will soon have been executed, while the extension of +our frontier settlements will cause a continued demand for lands and +augmented receipts, probably, from that source. These considerations will +justify a reduction of the revenue from customs so as not to exceed +forty-eight or fifty million dollars. I think the exigency for such +reduction is imperative, and again urge it upon the consideration of +Congress. + +The amount of reduction, as well as the manner of effecting it, are +questions of great and general interest, it being essential to industrial +enterprise and the public prosperity, as well as the dictate of obvious +justice, that the burden of taxation be made to rest as equally as possible +upon all classes and all sections and interests of the country. + +I have heretofore recommended to your consideration the revision of the +revenue laws, prepared under the direction of the Secretary of the +Treasury, and also legislation upon some special questions affecting the +business of that Department, more especially the enactment of a law to +punish the abstraction of official books or papers from the files of the +Government and requiring all such books and papers and all other public +property to be turned over by the outgoing officer to his successor; of a +law requiring disbursing officers to deposit all public money in the vaults +of the Treasury or in other legal depositories, where the same are +conveniently accessible, and a law to extend existing penal provisions to +all persons who may become possessed of public money by deposit or +otherwise and who shall refuse or neglect on due demand to pay the same +into the Treasury. I invite your attention anew to each of these objects. + +The Army during the past year has been so constantly employed against +hostile Indians in various quarters that it can scarcely be said, with +propriety of language, to have been a peace establishment. Its duties have +been satisfactorily performed, and we have reason to expect as a result of +the year's operations greater security to the frontier inhabitants than has +been hitherto enjoyed. Extensive combinations among the hostile Indians of +the Territories of Washington and Oregon at one time threatened the +devastation of the newly formed settlements of that remote portion of the +country. From recent information we are permitted to hope that the +energetic and successful operations conducted there will prevent such +combinations in future and secure to those Territories an opportunity to +make steady progress in the development of their agricultural and mineral +resources. + +Legislation has been recommended by me on previous occasions to cure +defects in the existing organization and to increase the efficiency of the +Army, and further observation has but served to confirm me in the views +then expressed and to enforce on my mind the conviction that such measures +are not only proper, but necessary. + +I have, in addition, to invite the attention of Congress to a change of +policy in the distribution of troops and to the necessity of providing a +more rapid increase of the military armament. For details of these and +other subjects relating to the Army I refer to the report of the Secretary +of War. + +The condition of the Navy is not merely satisfactory, but exhibits the most +gratifying evidences of increased vigor. As it is comparatively small, it +is more important that it should be as complete as possible in all the +elements of strength; that it should be efficient in the character of its +officers, in the zeal and discipline of its men, in the reliability of its +ordnance, and in the capacity of its ships. In all these various qualities +the Navy has made great progress within the last few years. The execution +of the law of Congress of February 28, 1855, "to promote the efficiency of +the Navy," has been attended by the most advantageous results. The law for +promoting discipline among the men is found convenient and salutary. The +system of granting an honorable discharge to faithful seamen on the +expiration of the period of their enlistment and permitting them to +reenlist after a leave of absence of a few months without cessation of pay +is highly beneficial in its influence. The apprentice system recently +adopted is evidently destined to incorporate into the service a large +number of our countrymen, hitherto so difficult to procure. Several hundred +American boys are now on a three years' cruise in our national vessels and +will return well-trained seamen. In the Ordnance Department there is a +decided and gratifying indication of progress, creditable to it and to the +country. The suggestions of the Secretary of the Navy in regard to further +improvement in that branch of the service I commend to your favorable +action. The new frigates ordered by Congress are now afloat and two of them +in active service. They are superior models of naval architecture, and with +their formidable battery add largely to public strength and security. I +concur in the views expressed by the Secretary of the Department in favor +of a still further increase of our naval force. + +The report of the Secretary of the Interior presents facts and views in +relation to internal affairs over which the supervision of his Department +extends of much interest and importance. + +The aggregate sales of the public lands during the last fiscal year amount +to 9,227,878 acres, for which has been received the sum of $8,821,414. +During the same period there have been located with military scrip and land +warrants and for other purposes 30,100,230 acres, thus making a total +aggregate of 39,328,108 acres. On the 30th of September last surveys had +been made of 16,873,699 acres, a large proportion of which is ready for +market. + +The suggestions in this report in regard to the complication and +progressive expansion of the business of the different bureaus of the +Department, to the pension system, to the colonization of Indian tribes, +and the recommendations in relation to various improvements in the District +of Columbia are especially commended to your consideration. + +The report of the Postmaster-General presents fully the condition of that +Department of the Government. Its expenditures for the last fiscal year +were $10,407,868 and its gross receipts $7,620,801, making an excess of +expenditure over receipts of $2,787,046. The deficiency of this Department +is thus $744,000 greater than for the year ending June 30, 1853. Of this +deficiency $330,000 is to be attributed to the additional compensation +allowed to postmasters by the act of Congress of June 22, 1854. The mail +facilities in every part of the country have been very much increased in +that period, and the large addition of railroad service, amounting to 7,908 +miles, has added largely to the cost of transportation. + +The inconsiderable augmentation of the income of the Post-Office Department +under the reduced rates of postage and its increasing expenditures must for +the present make it dependent to some extent upon the Treasury for support. +The recommendations of the Postmaster-General in relation to the abolition +of the franking privilege and his views on the establishment of mail +steamship lines deserve the consideration of Congress. I also call the +special attention of Congress to the statement of the Postmaster-General +respecting the sums now paid for the transportation of mails to the Panama +Railroad Company, and commend to their early and favorable consideration +the suggestions of that officer in relation to new contracts for mail +transportation upon that route, and also upon the Tehuantepec and Nicaragua +routes. + +The United States continue in the enjoyment of amicable relations with all +foreign powers. + +When my last annual message was transmitted to Congress two subjects of +controversy, one relating to the enlistment of soldiers in this country for +foreign service and the other to Central America, threatened to disturb the +good understanding between the United States and Great Britain. Of the +progress and termination of the former question you were informed at the +time, and the other is now in the way of satisfactory adjustment. + +The object of the convention between the United States and Great Britain of +the 19th of April, 1850, was to secure for the benefit of all nations the +neutrality and the common use of any transit way or interoceanic +communication across the Isthmus of Panama which might be opened within the +limits of Central America. The pretensions subsequently asserted by Great +Britain to dominion or control over territories in or near two of the +routes, those of Nicaragua and Honduras, were deemed by the United States +not merely incompatible with the main object of the treaty, but opposed +even to its express stipulations. Occasion of controversy on this point has +been removed by an additional treaty, which our minister at London has +concluded, and which will be immediately submitted to the Senate for its +consideration. Should the proposed supplemental arrangement be concurred in +by all the parties to be affected by it, the objects contemplated by the +original convention will have been fully attained. + +The treaty between the United States and Great Britain of the 5th of June, +1854, which went into effective operation in 1855, put an end to causes of +irritation between the two countries, by securing to the United States the +right of fishery on the coast of the British North American Provinces, with +advantages equal to those enjoyed by British subjects. Besides the signal +benefits of this treaty to a large class of our citizens engaged in a +pursuit connected to no inconsiderable degree with our national prosperity +and strength, it has had a favorable effect upon other interests in the +provision it made for reciprocal freedom of trade between the United States +and the British Provinces in America. The exports of domestic articles to +those Provinces during the last year amounted to more than $22,000,000, +exceeding those of the preceding year by nearly $7,000,000; and the imports +therefrom during the same period amounted to more than twenty-one million, +an increase of six million upon those of the previous year. + +The improved condition of this branch of our commerce is mainly +attributable to the above-mentioned treaty. + +Provision was made in the first article of that treaty for a commission to +designate the mouths of rivers to which the common right of fishery on the +coast of the United States and the British Provinces was not to extend. +This commission has been employed a part of two seasons, but without much +progress in accomplishing the object for which it was instituted, in +consequence of a serious difference of opinion between the commissioners, +not only as to the precise point where the rivers terminate, but in many +instances as to what constitutes a river. These difficulties, however, may +be overcome by resort to the umpirage provided for by the treaty. + +The efforts perseveringly prosecuted since the commencement of my +Administration to relieve our trade to the Baltic from the exaction of +Sound dues by Denmark have not yet been attended with success. Other +governments have also sought to obtain a like relief to their commerce, and +Denmark was thus induced to propose an arrangement to all the European +powers interested in the subject, and the manner in which her proposition +was received warranting her to believe that a satisfactory arrangement with +them could soon be concluded, she made a strong appeal to this Government +for temporary suspension of definite action on its part, in consideration +of the embarrassment which might result to her European negotiations by an +immediate adjustment of the question with the United States. This request +has been acceded to upon the condition that the sums collected after the +16th of June last and until the 16th of June next from vessels and cargoes +belonging to our merchants are to be considered as paid under protest and +subject to future adjustment. There is reason to believe that an +arrangement between Denmark and the maritime powers of Europe on the +subject will be soon concluded, and that the pending negotiation with the +United States may then be resumed and terminated in a satisfactory manner. + +With Spain no new difficulties have arisen, nor has much progress been made +in the adjustment of pending ones. + +Negotiations entered into for the purpose of relieving our commercial +intercourse with the island of Cuba of some of its burdens and providing +for the more speedy settlement of local disputes growing out of that +intercourse have not yet been attended with any results. Soon after the +commencement of the late war in Europe this Government submitted to the +consideration of all maritime nations two principles for the security of +neutral commerce--one that the neutral flag should cover enemies' goods, +except articles contraband of war, and the other that neutral property on +board merchant vessels of belligerents should be exempt from condemnation, +with the exception of contraband articles. These were not presented as new +rules of international law, having been generally claimed by neutrals, +though not always admitted by belligerents. One of the parties to the war +(Russia), as well as several neutral powers, promptly acceded to these +propositions, and the two other principal belligerents (Great Britain and +France) having consented to observe them for the present occasion, a +favorable opportunity seemed to be presented for obtaining a general +recognition of them, both in Europe and America. But Great Britain and +France, in common with most of the States of Europe, while forbearing to +reject, did not affirmatively act upon the overtures of the United States. + +While the question was in this position the representatives of Russia, +France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled at +Paris, took into consideration the subject of maritime rights, and put +forth a declaration containing the two principles which this Government had +submitted nearly two years before to the consideration of maritime powers, +and adding thereto the following propositions: "Privateering is and remains +abolished," and "Blockades in order to be binding must be effective; that +is to say, maintained by a force sufficient really to prevent access to the +coast of the enemy;" and to the declaration thus composed of four points, +two of which had already been proposed by the United States, this +Government has been invited to accede by all the powers represented at +Paris except Great Britain and Turkey. To the last of the two additional +propositions--that in relation to blockades--there can certainly be no +objection. It is merely the definition of what shall constitute the +effectual investment of a blockaded place, a definition for which this +Government has always contended, claiming indemnity for losses where a +practical violation of the rule thus defined has been injurious to our +commerce. As to the remaining article of the declaration of the conference +of Paris, that "privateering is and remains abolished," I certainly can not +ascribe to the powers represented in the conference of Paris any but +liberal and philanthropic views in the attempt to change the unquestionable +rule of maritime law in regard to privateering. Their proposition was +doubtless intended to imply approval of the principle that private property +upon the ocean, although it might belong to the citizens of a belligerent +state, should be exempted from capture; and had that proposition been so +framed as to give full effect to the principle, it would have received my +ready assent on behalf of the United States. But the measure proposed is +inadequate to that purpose. It is true that if adopted private property +upon the ocean would be withdrawn from one mode of plunder, but left +exposed meanwhile to another mode, which could be used with increased +effectiveness. The aggressive capacity of great naval powers would be +thereby augmented, while the defensive ability of others would be reduced. +Though the surrender of the means of prosecuting hostilities by employing +privateers, as proposed by the conference of Paris, is mutual in terms, yet +in practical effect it would be the relinquishment of a right of little +value to one class of states, but of essential importance to another and a +far larger class. It ought not to have been anticipated that a measure so +inadequate to the accomplishment of the proposed object and so unequal in +its operation would receive the assent of all maritime powers. Private +property would be still left to the depredations of the public armed +cruisers. + +I have expressed a readiness on the part of this Government to accede to +all the principles contained in the declaration of the conference of Paris +provided that the one relating to the abandonment of privateering can be so +amended as to effect the object for which, as is presumed, it was +intended--the immunity of private property on the ocean from hostile +capture. To effect this object, it is proposed to add to the declaration +that "privateering is and remains abolished" the following amendment: + +And that the private property of subjects and citizens of a belligerent on +the high seas shall be exempt from seizure by the public armed vessels of +the other belligerent, except it be contraband. + +This amendment has been presented not only to the powers which have asked +our assent to the declaration to abolish privateering, but to all other +maritime states. Thus far it has not been rejected by any, and is favorably +entertained by all which have made any communication in reply. + +Several of the governments regarding with favor the proposition of the +United States have delayed definitive action upon it only for the purpose +of consulting with others, parties to the conference of Paris. I have the +satisfaction of stating, however, that the Emperor of Russia has entirely +and explicitly approved of that modification and will cooperate in +endeavoring to obtain the assent of other powers, and that assurances of a +similar purport have been received in relation to the disposition of the +Emperor of the French. The present aspect of this important subject allows +us to cherish the hope that a principle so humane in its character, so just +and equal in its operation, so essential to the prosperity of commercial +nations, and so consonant to the sentiments of this enlightened period of +the world will command the approbation of all maritime powers, and thus be +incorporated into the code of international law. + +My views on the subject are more fully set forth in the reply of the +Secretary of State, a copy of which is herewith transmitted, to the +communications on the subject made to this Government, especially to the +communication of France. + +The Government of the United States has at all times regarded with friendly +interest the other States of America, formerly, like this country, European +colonies, and now independent members of the great family of nations. But +the unsettled condition of some of them, distracted by frequent +revolutions, and thus incapable of regular and firm internal +administration, has tended to embarrass occasionally our public intercourse +by reason of wrongs which our citizens suffer at their hands, and which +they are slow to redress. + +Unfortunately, it is against the Republic of Mexico, with which it is our +special desire to maintain a good understanding, that such complaints are +most numerous; and although earnestly urged upon its attention, they have +not as yet received the consideration which this Government had a right to +expect. While reparation for past injuries has been withheld, others have +been added. The political condition of that country, however, has been such +as to demand forbearance on the part of the United States. I shall continue +my efforts to procure for the wrongs of our citizens that redress which is +indispensable to the continued friendly association of the two Republics. + +The peculiar condition of affairs in Nicaragua in the early part of the +present year rendered it important that this Government should have +diplomatic relations with that State. Through its territory had been opened +one of the principal thoroughfares across the isthmus connecting North and +South America, on which a vast amount of property was transported and to +which our citizens resorted in great numbers in passing between the +Atlantic and Pacific coasts of the United States. The protection of both +required that the existing power in that State should be regarded as a +responsible Government, and its minister was accordingly received. But he +remained here only a short time. Soon thereafter the political affairs of +Nicaragua underwent unfavorable change and became involved in much +uncertainty and confusion. Diplomatic representatives from two contending +parties have been recently sent to this Government, but with the imperfect +information possessed it was not possible to decide which was the +Government de facto, and, awaiting further developments, I have refused to +receive either. + +Questions of the most serious nature are pending between the United States +and the Republic of New Granada. The Government of that Republic undertook +a year since to impose tonnage duties on foreign vessels in her ports, but +the purpose was resisted by this Government as being contrary to existing +treaty stipulations with the United States and to rights conferred by +charter upon the Panama Railroad Company, and was accordingly refurbished +at that time, it being admitted that our vessels were entitled to be exempt +from tonnage duty in the free ports of Panama and Aspinwall. But the +purpose has been recently revived on the part of New Granada by the +enactment of a law to subject vessels visiting her ports to the tonnage +duty of 40 cents per ton, and although the law has not been put in force, +yet the right to enforce it is still asserted and may at any time be acted +on by the Government of that Republic. + +The Congress of New Granada has also enacted a law during the last year +which levies a tax of more than $3 on every pound of mail matter +transported across the Isthmus. The sum thus required to be paid on the +mails of the United States would be nearly $2,000,000 annually in addition +to the large sum payable by contract to the Panama Railroad Company. If the +only objection to this exaction were the exorbitancy of its amount, it +could not be submitted to by the United States. + +The imposition of it, however, would obviously contravene our treaty with +New Granada and infringe the contract of that Republic with the Panama +Railroad Company. The law providing for this tax was by its terms to take +effect on the 1st of September last, but the local authorities on the +Isthmus have been induced to suspend its execution and to await further +instructions on the subject from the Government of the Republic. I am not +yet advised of the determination of that Government. If a measure so +extraordinary in its character and so clearly contrary to treaty +stipulations and the contract rights of the Panama Railroad Company, +composed mostly of American citizens, should be persisted in, it will be +the duty of the United States to resist its execution. + +I regret exceedingly that occasion exists to invite your attention to a +subject of still graver import in our relations with the Republic of New +Granada. On the 15th day of April last a riotous assemblage of the +inhabitants of Panama committed a violent and outrageous attack on the +premises of the railroad company and the passengers and other persons in or +near the same, involving the death of several citizens of the United +States, the pillage of many others, and the destruction of a large amount +of property belonging to the railroad company. I caused full investigation +of that event to be made, and the result shows satisfactorily that complete +responsibility for what occurred attaches to the Government of New Granada. +I have therefore demanded of that Government that the perpetrators of the +wrongs in question should be punished; that provision should be made for +the families of citizens of the United States who were killed, with full +indemnity for the property pillaged or destroyed. + +The present condition of the Isthmus of Panama, in so far as regards the +security of persons and property passing over it, requires serious +consideration. Recent incidents tend to show that the local authorities can +not be relied on to maintain the public peace of Panama, and there is just +ground for apprehension that a portion of the inhabitants are meditating +further outrages, without adequate measures for the security and protection +of persons or property having been taken, either by the State of Panama or +by the General Government of New Granada. Under the guaranties of treaty, +citizens of the United States have, by the outlay of several million +dollars, constructed a railroad across the Isthmus, and it has become the +main route between our Atlantic and Pacific possessions, over which +multitudes of our citizens and a vast amount of property are constantly +passing; to the security and protection of all which and the continuance of +the public advantages involved it is impossible for the Government of the +United States to be indifferent. + +I have deemed the danger of the recurrence of scenes of lawless violence in +this quarter so imminent as to make it my duty to station a part of our +naval force in the harbors of Panama and Aspinwall, in order to protect the +persons and property of the citizens of the United States in those ports +and to insure to them safe passage across the Isthmus. And it would, in my +judgment, be unwise to withdraw the naval force now in those ports until, +by the spontaneous action of the Republic of New Granada or otherwise, some +adequate arrangement shall have been made for the protection and security +of a line of interoceanic communication, so important at this time not to +the United States only, but to all other maritime states, both of Europe +and America. + +Meanwhile negotiations have been instituted, by means of a special +commission, to obtain from New Granada full indemnity for injuries +sustained by our citizens on the Isthmus and satisfactory security for the +general interests of the United States. + +In addressing to you my last annual message the occasion seems to me an +appropriate one to express my congratulations, in view of the peace, +greatness, and felicity which the United States now possess and enjoy. To +point you to the state of the various Departments of the Government and of +all the great branches of the public service, civil and military, in order +to speak of the intelligence and the integrity which pervades the whole, +would be to indicate but imperfectly the administrative condition of the +country and the beneficial effects of that on the general welfare. Nor +would it suffice to say that the nation is actually at peace at home and +abroad; that its industrial interests are prosperous; that the canvas of +its mariners whitens every sea, and the plow of its husbandmen is marching +steadily onward to the bloodless conquest of the continent; that cities and +populous States are springing up, as if by enchantment, from the bosom of +oar Western wilds, and that the courageous energy of our people is making +of these United States the great Republic of the world. These results have +not been attained without passing through trials and perils, by experience +of which, and thus only, nations can harden into manhood. Our forefathers +were trained to the wisdom which conceived and the courage which achieved +independence by the circumstances which surrounded them, and they were thus +made capable of the creation of the Republic. It devolved on the next +generation to consolidate the work of the Revolution, to deliver the +country entirely from the influences of conflicting transatlantic +partialities or antipathies which attached to our colonial and +Revolutionary history, and to organize the practical operation of the +constitutional and legal institutions of the Union. To us of this +generation remains the not less noble task of maintaining and extending the +national power. We have at length reached that stage of our country's +career in which the dangers to be encountered and the exertions to be made +are the incidents, not of weakness, but of strength. In foreign relations +we have to attemper our power to the less happy condition of other +Republics in America and to place ourselves in the calmness and conscious +dignity of right by the side of the greatest and wealthiest of the Empires +of Europe. In domestic relations we have to guard against the shock of the +discontents, the ambitions, the interests, and the exuberant, and therefore +sometimes irregular, impulses of opinion or of action which are the natural +product of the present political elevation, the self-reliance, and the +restless spirit of enterprise of the people of the United States. + +I shall prepare to surrender the Executive trust to my successor and retire +to private life with sentiments of profound gratitude to the good +Providence which during the period of my Administration has vouchsafed to +carry the country through many difficulties, domestic and foreign, and +which enables me to contemplate the spectacle of amicable and respectful +relations between ours and all other governments and the establishment of +constitutional order and tranquillity throughout the Union. + + + + + + + + + + +End of Project Gutenberg's State of the Union Addresses, by Franklin Pierce + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5022.txt or 5022.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/2/5022/ + +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. Special rules, set forth in the General Terms of Use part +of this license, apply to copying and distributing Project +Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm +concept and trademark. Project Gutenberg is a registered trademark, +and may not be used if you charge for the eBooks, unless you receive +specific permission. If you do not charge anything for copies of this +eBook, complying with the rules is very easy. You may use this eBook +for nearly any purpose such as creation of derivative works, reports, +performances and research. They may be modified and printed and given +away--you may do practically ANYTHING in the United States with eBooks +not protected by U.S. copyright law. Redistribution is subject to the +trademark license, especially commercial redistribution. + +START: FULL LICENSE + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full +Project Gutenberg-tm License available with this file or online at +www.gutenberg.org/license. + +Section 1. General Terms of Use and Redistributing Project +Gutenberg-tm electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or +destroy all copies of Project Gutenberg-tm electronic works in your +possession. If you paid a fee for obtaining a copy of or access to a +Project Gutenberg-tm electronic work and you do not agree to be bound +by the terms of this agreement, you may obtain a refund from the +person or entity to whom you paid the fee as set forth in paragraph +1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this +agreement and help preserve free future access to Project Gutenberg-tm +electronic works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the +Foundation" or PGLAF), owns a compilation copyright in the collection +of Project Gutenberg-tm electronic works. Nearly all the individual +works in the collection are in the public domain in the United +States. If an individual work is unprotected by copyright law in the +United States and you are located in the United States, we do not +claim a right to prevent you from copying, distributing, performing, +displaying or creating derivative works based on the work as long as +all references to Project Gutenberg are removed. Of course, we hope +that you will support the Project Gutenberg-tm mission of promoting +free access to electronic works by freely sharing Project Gutenberg-tm +works in compliance with the terms of this agreement for keeping the +Project Gutenberg-tm name associated with the work. You can easily +comply with the terms of this agreement by keeping this work in the +same format with its attached full Project Gutenberg-tm License when +you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are +in a constant state of change. If you are outside the United States, +check the laws of your country in addition to the terms of this +agreement before downloading, copying, displaying, performing, +distributing or creating derivative works based on this work or any +other Project Gutenberg-tm work. The Foundation makes no +representations concerning the copyright status of any work in any +country outside the United States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other +immediate access to, the full Project Gutenberg-tm License must appear +prominently whenever any copy of a Project Gutenberg-tm work (any work +on which the phrase "Project Gutenberg" appears, or with which the +phrase "Project Gutenberg" is associated) is accessed, displayed, +performed, viewed, copied or distributed: + + 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. + +1.E.2. If an individual Project Gutenberg-tm electronic work is +derived from texts not protected by U.S. copyright law (does not +contain a notice indicating that it is posted with permission of the +copyright holder), the work can be copied and distributed to anyone in +the United States without paying any fees or charges. If you are +redistributing or providing access to a work with the phrase "Project +Gutenberg" associated with or appearing on the work, you must comply +either with the requirements of paragraphs 1.E.1 through 1.E.7 or +obtain permission for the use of the work and the Project Gutenberg-tm +trademark as set forth in paragraphs 1.E.8 or 1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any +additional terms imposed by the copyright holder. Additional terms +will be linked to the Project Gutenberg-tm License for all works +posted with the permission of the copyright holder found at the +beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including +any word processing or hypertext form. However, if you provide access +to or distribute copies of a Project Gutenberg-tm work in a format +other than "Plain Vanilla ASCII" or other format used in the official +version posted on the official Project Gutenberg-tm web site +(www.gutenberg.org), you must, at no additional cost, fee or expense +to the user, provide a copy, a means of exporting a copy, or a means +of obtaining a copy upon request, of the work in its original "Plain +Vanilla ASCII" or other form. Any alternate format must include the +full Project Gutenberg-tm License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works +provided that + +* You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is owed + to the owner of the Project Gutenberg-tm trademark, but he has + agreed to donate royalties under this paragraph to the Project + Gutenberg Literary Archive Foundation. Royalty payments must be paid + within 60 days following each date on which you prepare (or are + legally required to prepare) your periodic tax returns. Royalty + payments should be clearly marked as such and sent to the Project + Gutenberg Literary Archive Foundation at the address specified in + Section 4, "Information about donations to the Project Gutenberg + Literary Archive Foundation." + +* You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or destroy all + copies of the works possessed in a physical medium and discontinue + all use of and all access to other copies of Project Gutenberg-tm + works. + +* You provide, in accordance with paragraph 1.F.3, a full refund of + any money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days of + receipt of the work. + +* You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project +Gutenberg-tm electronic work or group of works on different terms than +are set forth in this agreement, you must obtain permission in writing +from both the Project Gutenberg Literary Archive Foundation and The +Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm +trademark. Contact the Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +works not protected by U.S. copyright law in creating the Project +Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm +electronic works, and the medium on which they may be stored, may +contain "Defects," such as, but not limited to, incomplete, inaccurate +or corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged disk or +other medium, a computer virus, or computer codes that damage or +cannot be read by your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium +with your written explanation. The person or entity that provided you +with the defective work may elect to provide a replacement copy in +lieu of a refund. If you received the work electronically, the person +or entity providing it to you may choose to give you a second +opportunity to receive the work electronically in lieu of a refund. If +the second copy is also defective, you may demand a refund in writing +without further opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO +OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of +damages. If any disclaimer or limitation set forth in this agreement +violates the law of the state applicable to this agreement, the +agreement shall be interpreted to make the maximum disclaimer or +limitation permitted by the applicable state law. The invalidity or +unenforceability of any provision of this agreement shall not void the +remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in +accordance with this agreement, and any volunteers associated with the +production, promotion and distribution of Project Gutenberg-tm +electronic works, harmless from all liability, costs and expenses, +including legal fees, that arise directly or indirectly from any of +the following which you do or cause to occur: (a) distribution of this +or any Project Gutenberg-tm work, (b) alteration, modification, or +additions or deletions to any Project Gutenberg-tm work, and (c) any +Defect you cause. + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of +computers including obsolete, old, middle-aged and new computers. It +exists because of the efforts of hundreds of volunteers and donations +from people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future +generations. To learn more about the Project Gutenberg Literary +Archive Foundation and how your efforts and donations can help, see +Sections 3 and 4 and the Foundation information page at +www.gutenberg.org + + + +Section 3. Information about the Project Gutenberg Literary Archive Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Contributions to the Project Gutenberg Literary +Archive Foundation are tax deductible to the full extent permitted by +U.S. federal laws and your state's laws. + +The Foundation's principal office is in Fairbanks, Alaska, with the +mailing address: PO Box 750175, Fairbanks, AK 99775, but its +volunteers and employees are scattered throughout numerous +locations. Its business office is located at 809 North 1500 West, Salt +Lake City, UT 84116, (801) 596-1887. Email contact links and up to +date contact information can be found at the Foundation's web site and +official page at www.gutenberg.org/contact + +For additional contact information: + + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To SEND +DONATIONS or determine the status of compliance for any particular +state visit www.gutenberg.org/donate + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. To +donate, please visit: www.gutenberg.org/donate + +Section 5. General Information About Project Gutenberg-tm electronic works. + +Professor Michael S. Hart was the originator of the Project +Gutenberg-tm concept of a library of electronic works that could be +freely shared with anyone. For forty years, he produced and +distributed Project Gutenberg-tm eBooks with only a loose network of +volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as not protected by copyright in +the U.S. unless a copyright notice is included. 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. + diff --git a/5022.zip b/5022.zip Binary files differnew file mode 100644 index 0000000..6c667a7 --- /dev/null +++ b/5022.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..35895df --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #5022 (https://www.gutenberg.org/ebooks/5022) diff --git a/old/supie10.txt b/old/supie10.txt new file mode 100644 index 0000000..2e1abed --- /dev/null +++ b/old/supie10.txt @@ -0,0 +1,4332 @@ +The Project Gutenberg EBook of State of the Union Addresses +by Franklin Pierce +(#13 in our series of US Presidential State of the Union Addresses) + +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. 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 Franklin Pierce + +Author: Franklin Pierce + +Release Date: February, 2004 [EBook #5022] +[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 FRANKLIN PIERCE *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by Franklin Pierce in this eBook: + December 5, 1853 + December 4, 1854 + December 31, 1855 + December 2, 1856 + + + +*** + +State of the Union Address +Franklin Pierce +December 5, 1853 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The interest with which the people of the Republic anticipate the +assembling of Congress and the fulfillment on that occasion of the duty +imposed upon a new President is one of the best evidences of their capacity +to realize the hopes of the founders of a political system at once complex +and symmetrical. While the different branches of the Government are to a +certain extent independent of each other, the duties of all alike have +direct reference to the source of power. Fortunately, under this system no +man is so high and none so humble in the scale of public station as to +escape from the scrutiny or to be exempt from the responsibility which all +official functions imply. + +Upon the justice and intelligence of the masses, in a government thus +organized, is the sole reliance of the confederacy and the only security +for honest and earnest devotion to its interests against the usurpations +and encroachment of power on the one hand and the assaults of personal +ambition on the other. + +The interest of which I have spoken is inseparable from an inquiring, +self-governing community, but stimulated, doubtless, at the present time by +the unsettled condition of our relations with several foreign powers, by +the new obligations resulting from a sudden extension of the field of +enterprise, by the spirit with which that field has been entered and the +amazing energy with which its resources for meeting the demands of humanity +have been developed. + +Although disease, assuming at one time the characteristics of a widespread +and devastating pestilence, has left its sad traces upon some portions of +our country, we have still the most abundant cause for reverent +thankfulness to God for an accumulation of signal mercies showered upon us +as a nation. It is well that a consciousness of rapid advancement and +increasing strength be habitually associated with an abiding sense of +dependence upon Him who holds in His hands the destiny of men and of +nations. + +Recognizing the wisdom of the broad principle of absolute religious +toleration proclaimed in our fundamental law, and rejoicing in the benign +influence which it has exerted upon our social and political condition, I +should shrink from a clear duty did I fail to express my deepest conviction +that we can place no secure reliance upon any apparent progress if it be +not sustained by national integrity, resting upon the great truths affirmed +and illustrated by divine revelation. In the midst of our sorrow for the +afflicted and suffering, it has been consoling to see how promptly disaster +made true neighbors of districts and cities separated widely from each +other, and cheering to watch the strength of that common bond of +brotherhood which unites all hearts, in all parts of this Union, when +danger threatens from abroad or calamity impends over us at home. + +Our diplomatic relations with foreign powers have undergone no essential +changesince the adjournment of the last Congress. With some of them +questions of a disturbing character are still pending, but there are good +reasons to believe that these may all be amicably adjusted. For some years +past Great Britain has so construed the first article of the convention of +the 20th of April, 1818, in regard to the fisheries on the northeastern +coast, as to exclude our citizens from some of the fishing grounds to which +they freely resorted for nearly a quarter of a century subsequent to the +date of that treaty. The United States have never acquiesced in this +construction, but have always claimed for their fishermen all the rights +which they had so long enjoyed without molestation. With a view to remove +all difficulties on the subject, to extend the rights of our fishermen +beyond the limits fixed by the convention of 1818, and to regulate trade +between the United States and the British North American Provinces, a +negotiation has been opened with a fair prospect of a favorable result. To +protect our fishermen in the enjoyment of their rights and prevent +collision between them and British fishermen, I deemed it expedient to +station a naval force in that quarter during the fishing season. + +Embarrassing questions have also arisen between the two Governments in +regard to Central America. Great Britain has proposed to settle them by an +amicable arrangement, and our minister at London is instructed to enter +into negotiations on that subject. A commission for adjusting the claims of +our citizens against Great Britain and those of British subjects against +the United States, organized under the convention of the 8th of February +last, is now sitting in London for the transaction of business. It is in +many respects desirable that the boundary line between the United States +and the British Provinces in the northwest, as designated in the convention +of the 15th of June, 1846, and especially that part which separates the +Territory of Washington from the British possessions on the north, should +be traced and marked. I therefore present the subject to your notice. + +With France our relations continue on the most friendly footing. The +extensive commerce between the United States and that country might, it is +conceived, be released from some unnecessary restrictions to the mutual +advantage of both parties. With a view to this object, some progress has +been made in negotiating a treaty of commerce and navigation. + +Independently of our valuable trade with Spain, we have important political +relations with her growing out of our neighborhood to the islands of Cuba +and Porto Rico. I am happy to announce that since the last Congress no +attempts have been made by unauthorized expeditions within the United +States against either of those colonies. Should any movement be manifested +within our limits, all the means at my command will be vigorously exerted +to repress it. Several annoying occurrences have taken place at Havana, or +in the vicinity of the island of Cuba, between our citizens and the Spanish +authorities. Considering the proximity of that island to our shores, lying, +as it does, in the track of trade between some of our principal cities, and +the suspicious vigilance with which foreign intercourse, particularly that +with the United States, is there guarded, a repetition of such occurrences +may well be apprehended. + +As no diplomatic intercourse is allowed between our consul at Havana and +the Captain-General of Cuba, ready explanations can not be made or prompt +redress afforded where injury has resulted. All complaint on the part of +our citizens under the present arrangement must be, in the first place, +presented to this Government and then referred to Spain. Spain again refers +it to her local authorities in Cuba for investigation, and postpones an +answer till she has heard from those authorities. To avoid these irritating +and vexatious delays, a proposition has been made to provide for a direct +appeal for redress to the Captain-General by our consul in behalf of our +injured fellow-citizens. Hitherto the Government of Spain has declined to +enter into any such arrangement. This course on her part is deeply +regretted, for without some arrangement of this kind the good understanding +between the two countries may be exposed to occasional interruption. Our +minister at Madrid is instructed to renew the proposition and to press it +again upon the consideration of Her Catholic Majesty's Government. + +For several years Spain has been calling the attention of this Government +to a claim for losses by some of her subjects in the case of the schooner +Amistad. This claim is believed to rest on the obligations imposed by our +existing treaty with that country. Its justice was admitted in our +diplomatic correspondence with the Spanish Government as early as March, +1847, and one of my predecessors, in his annual message of that year, +recommended that provision should be made for its payment. In January last +it was again submitted to Congress by the Executive. It has received a +favorable consideration by committees of both branches, but as yet there +has been no final action upon it. I conceive that good faith requires its +prompt adjustment, and I present it to your early and favorable +consideration. + +Martin Koszta, a Hungarian by birth, came to this country in 1850, and +declared his intention in due form of law to become a citizen of the United +States. After remaining here nearly two years he visited Turkey. While at +Smyrna he was forcibly seized, taken on board an Austrian brig of war then +lying in the harbor of that place, and there confined in irons, with the +avowed design to take him into the dominions of Austria. Our consul at +Smyrna and legation at Constantinople interposed for his release, but their +efforts were ineffectual. While thus in prison Commander Ingraham, with the +United States ship of war St. Louis, arrived at Smyrna, and after inquiring +into the circumstances of the case came to the conclusion that Koszta was +entitled to the protection of this Government, and took energetic and +prompt measures for his release. Under an arrangement between the agents of +the United States and of Austria, he was transferred to the custody of the +French consul-general at Smyrna, there to remain until he should be +disposed of by the mutual agreement of the consuls of the respective +Governments at that place. Pursuant to that agreement, he has been +released, and is now in the United States. The Emperor of Austria has made +the conduct of our officers who took part in this transaction a subject of +grave complaint. Regarding Koszta as still his subject, and claiming a +right to seize him within the limits of the Turkish Empire, he has demanded +of this Government its consent to the surrender of the prisoner, a +disavowal of the acts of its agents, and satisfaction for the alleged +outrage. After a careful consideration of the case I came to the conclusion +that Koszta was seized without legal authority at Smyrna; that he was +wrongfully detained on board of the Austrian brig of war; that at the time +of his seizure he was clothed with the nationality of the United States, +and that the acts of our officers, under the circumstances of the case, +were justifiable, and their conduct has been fully approved by me, and a +compliance with the several demands of the Emperor of Austria has been +declined. + +For a more full account of this transaction and my views in regard to it I +refer to the correspondence between the charge d'affaires of Austria and +the Secretary of State, which is herewith transmitted. The principles and +policy therein maintained on the part of the United States will, whenever a +proper occasion occurs, be applied and enforced. + +The condition of China at this time renders it probable that some important +changes will occur in that vast Empire which will lead to a more +unrestricted intercourse with it. The commissioner to that country who has +been recently appointed is instructed to avail himself of all occasions to +open and extend our commercial relations, not only with the Empire of +China, but with other Asiatic nations. + +In 1852 an expedition was sent to Japan, under the command of Commodore +Perry, for the purpose of opening commercial intercourse with that Empire. +Intelligence has been received of his arrival there and of his having made +known to the Emperor of Japan the object of his visit. But it is not yet +ascertained how far the Emperor will be disposed to abandon his restrictive +policy and open that populous country to a commercial intercourse with the +United States. + +It has been my earnest desire to maintain friendly intercourse with the +Governments upon this continent and to aid them in preserving good +understanding among themselves. With Mexico a dispute has arisen as to the +true boundary line between our Territory of New Mexico and the Mexican +State of Chihuahua. A former commissioner of the United States, employed in +running that line pursuant to the treaty of Guadalupe Hidalgo, made a +serious mistake in determining the initial point on the Rio Grande; but +inasmuch as his decision was clearly a departure from the directions for +tracing the boundary contained in that treaty, and was not concurred in by +the surveyor appointed on the part of the United States, whose concurrence +was necessary to give validity to that decision, this Government is not +concluded thereby; but that of Mexico takes a different view of the +subject. + +There are also other questions of considerable magnitude pending between +the two Republics. Our minister in Mexico has ample instructions to adjust +them. Negotiations have been opened, but sufficient progress has not been +made therein to enable me to speak of the probable result. Impressed with +the importance of maintaining amicable relations with that Republic and of +yielding with liberality to all her just claims, it is reasonable to expect +that an arrangement mutually satisfactory to both countries may be +concluded and a lasting friendship between them confirmed and perpetuated. + +Congress having provided for a full mission to the States of Central +America, a minister was sent thither in July last. As yet he has had time +to visit only one of these States (Nicaragua), where he was received in the +most friendly manner. It is hoped that his presence and good offices will +have a benign effect in composing the dissensions which prevail among them, +and in establishing still more intimate and friendly relations between them +respectively and between each of them and the United States. + +Considering the vast regions of this continent and the number of states +which would be made accessible by the free navigation of the river Amazon, +particular attention has been given to this subject. Brazil, through whose +territories it passes into the ocean, has hitherto persisted in a policy so +restricted in regard to the use of this river as to obstruct and nearly +exclude foreign commercial intercourse with the States which lie upon its +tributaries and upper branches. Our minister to that country is instructed +to obtain a relaxation of that policy and to use his efforts to induce the +Brazilian Government to open to common use, under proper safeguards, this +great natural highway for international trade. Several of the South +American States are deeply interested in this attempt to secure the free +navigation of the Amazon, and it is reasonable to expect their cooperation +in the measure. As the advantages of free commercial intercourse among +nations are better understood, more liberal views are generally entertained +as to the common rights of all to the free use of those means which nature +has provided for international communication. To these more liberal and +enlightened views it is hoped that Brazil will conform her policy and +remove all unnecessary restrictions upon the free use of a river which +traverses so many states and so large a part of the continent. I am happy +to inform you that the Republic of Paraguay and the Argentine Confederation +have yielded to the liberal policy still resisted by Brazil in regard to +the navigable rivers within their respective territories. Treaties +embracing this subject, among others, have been negotiated with these +Governments, which will be submitted to the Senate at the present session. + +A new branch of commerce, important to the agricultural interests of the +United States, has within a few years past been opened with Peru. +Notwithstanding the inexhaustible deposits of guano upon the islands of +that country, considerable difficulties are experienced in obtaining the +requisite supply. Measures have been taken to remove these difficulties and +to secure a more abundant importation of the article. Unfortunately, there +has been a serious collision between our citizens who have resorted to the +Chincha Islands for it and the Peruvian authorities stationed there. +Redress for the outrages committed by the latter was promptly demanded by +our minister at Lima. This subject is now under consideration, and there is +reason to believe that Peru is disposed to offer adequate indemnity to the +aggrieved parties. We are thus not only at peace with all foreign +countries, but, in regard to political affairs, are exempt from any cause +of serious disquietude in our domestic relations. + +The controversies which have agitated the country heretofore are passing +away with the causes which produced them and the passions which they had +awakened; or, if any trace of them remains, it may be reasonably hoped that +it will only be perceived in the zealous rivalry of all good citizens to +testify their respect for the rights of the States, their devotion to the +Union, and their common determination that each one of the States, its +institutions, its welfare, and its domestic peace, shall be held alike +secure under the sacred aegis of the Constitution. This new league of amity +and of mutual confidence and support into which the people of the Republic +have entered happily affords inducement and opportunity for the adoption of +a more comprehensive and unembarrassed line of policy and action as to the +great material interests of the country, whether regarded in themselves or +in connection with the powers of the civilized world. + +The United States have continued gradually and steadily to expand through +acquisitions of territory, which, how much soever some of them may have +been questioned, are now universally seen and admitted to have been wise in +policy, just in character, and a great element in the advancement of our +country, and with it of the human race, in freedom, in prosperity, and in +happiness. The thirteen States have grown to be thirty-one, with relations +reaching to Europe on the one side and on the other to the distant realms +of Asia. + +I am deeply sensible of the immense responsibility which the present +magnitude of the Republic and the diversity and multiplicity of its +interests devolves upon me, the alleviation of which so far as relates to +the immediate conduct of the public business, is, first, in my reliance on +the wisdom and patriotism of the two Houses of Congress, and, secondly, in +the directions afforded me by the principles of public polity affirmed by +our fathers of the epoch of 1798, sanctioned by long experience, and +consecrated anew by the overwhelming voice of the people of the United +States. + +Recurring to these principles, which constitute the organic basis of union, +we perceive that vast as are the functions and the duties of the Federal +Government, vested in or intrusted to its three great departments--the +legislative, executive, and judicial--yet the substantive power, the +popular force, and the large capacities for social and material development +exist in the respective States, which, all being of themselves +well-constituted republics, as they preceded so they alone are capable of +maintaining and perpetuating the American Union. The Federal Government has +its appropriate line of action in the specific and limited powers conferred +on it by the Constitution, chiefly as to those things in which the States +have a common interest in their relations to one another and to foreign +governments, while the great mass of interests which belong to cultivated +men--the ordinary business of life, the springs of industry, all the +diversified personal and domestic affairs of society--rest securely upon +the general reserved powers of the people of the several States. There is +the effective democracy of the nation, and there the vital essence of its +being and its greatness. + +Of the practical consequences which flow from the nature of the Federal +Government, the primary one is the duty of administering with integrity and +fidelity the high trust reposed in it by the Constitution, especially in +the application of the public funds as drawn by taxation from the people +and appropriated to specific objects by Congress. + +Happily, I have no occasion to suggest any radical changes in the financial +policy of the Government. Ours is almost, if not absolutely, the solitary +power of Christendom having a surplus revenue drawn immediately from +imposts on commerce, and therefore measured by the spontaneous enterprise +and national prosperity of the country, with such indirect relation to +agriculture, manufactures, and the products of the earth and sea as to +violate no constitutional doctrine and yet vigorously promote the general +welfare. Neither as to the sources of the public treasure nor as to the +manner of keeping and managing it does any grave controversy now prevail, +there being a general acquiescence in the wisdom of the present system. + +The report of the Secretary of the Treasury will exhibit in detail the +state of the public finances and the condition of the various branches of +the public service administered by that Department of the Government. + +The revenue of the country, levied almost insensibly to the taxpayer, goes +on from year to year, increasing beyond either the interests or the +prospective wants of the Government. + +At the close of the fiscal year ending June 30, 1852, there remained in the +Treasury a balance of $14,632,136. The public revenue for the fiscal year +ending June 30, 1853, amounted to $58,931,865 from customs and to +$2,405,708 from public lands and other miscellaneous sources, amounting +together to $61,337,574, while the public expenditures for the same period, +exclusive of payments on account of the public debt, amounted to +$43,554,262, leaving a balance of $32,425,447 of receipts above +expenditures. + +This fact of increasing surplus in the Treasury became the subject of +anxious consideration at a very early period of my Administration, and the +path of duty in regard to it seemed to me obvious and clear, namely: First, +to apply the surplus revenue to the discharge of the public debt so far as +it could judiciously be done, and, secondly, to devise means for the +gradual reduction of the revenue to the standard of the public exigencies. + +Of these objects the first has been in the course of accomplishment in a +manner and to a degree highly satisfactory. The amount of the public debt +of all classes was on the 4th of March, 1853, $69,190,037, payments on +account of which have been made since that period to the amount of +$12,703,329, leaving unpaid and in continuous course of liquidation the sum +of $56,486,708. These payments, although made at the market price of the +respective classes of stocks, have been effected readily and to the general +advantage of the Treasury, and have at the same time proved of signal +utility in the relief they have incidentally afforded to the money market +and to the industrial and commercial pursuits of the country. + +The second of the above-mentioned objects, that of the reduction of the +tariff, is of great importance, and the plan suggested by the Secretary of +the Treasury, which is to reduce the duties on certain articles and to add +to the free list many articles now taxed, and especially such as enter into +manufactures and are not largely, or at all, produced in the country, is +commended to your candid and careful consideration. + +You will find in the report of the Secretary of the Treasury, also, +abundant proof of the entire adequacy of the present fiscal system to meet +all the requirements of the public service, and that, while properly +administered, it operates to the advantage of the community in ordinary +business relations. + +I respectfully ask your attention to sundry suggestions of improvements in +the settlement of accounts, especially as regards the large sums of +outstanding arrears due to the Government, and of other reforms in the +administrative action of his Department which are indicated by the +Secretary; as also to the progress made in the construction of marine +hospitals, custom-houses, and of a new mint in California and assay office +in the city of New York, heretofore provided for by Congress, and also to +the eminently successful progress of the Coast Survey and of the Light +House Board. + +Among the objects meriting your attention will be important recommendations +from the Secretaries of War and Navy. I am fully satisfied that the Navy of +the United States is not in a condition of strength and efficiency +commensurate with the magnitude of our commercial and other interests, and +commend to your especial attention the suggestions on this subject made by +the Secretary of the Navy. I respectfully submit that the Army, which under +our system must always be regarded with the highest interest as a nucleus +around which the volunteer forces of the nation gather in the hour of +danger, requires augmentation, or modification, to adapt it to the present +extended limits and frontier relations of the country and the condition of +the Indian tribes in the interior of the continent, the necessity of which +will appear in the communications of the Secretaries of War and the +Interior. + +In the administration of the Post-Office Department for the fiscal year +ending June 30, 1853, the gross expenditure was $7,982,756, and the gross +receipts during the same period $5,942,734, showing that the current +revenue failed to meet the current expenses of the Department by the sum of +$2,042,032. The causes which, under the present postal system and laws, led +inevitably to this result are fully explained by the report of the +Postmaster-General, one great cause being the enormous rates the Department +has been compelled to pay for mail service rendered by railroad companies. + +The exhibit in the report of the Postmaster-General of the income and +expenditures by mail steamers will be found peculiarly interesting and of a +character to demand the immediate action of Congress. + +Numerous and flagrant frauds upon the Pension Bureau have been brought to +light within the last year, and in some instances merited punishments +inflicted; but, unfortunately, in others guilty parties have escaped, not +through the want of sufficient evidence to warrant a conviction, but in +consequence of the provisions of limitation in the existing laws. + +From the nature of these claims, the remoteness of the tribunals to pass +upon them, and the mode in which the proof is of necessity furnished, +temptations to crime have been greatly stimulated by the obvious +difficulties of detection. The defects in the law upon this subject are so +apparent and so fatal to the ends of justice that your early action +relating to it is most desirable. + +During the last fiscal year 9,819,411 acres of the public lands have been +surveyed and 10,363,891 acres brought into market. Within the same period +the sales by public purchase and private entry amounted to 1,083,495 acres; +located under military bountys and warrants, 6,142,360 acres; located under +other certificates, 9,427 acres; ceded to the States as swamp lands, +16,684,253 acres; selected for railroad and other objects under acts of +Congress, 1,427,457 acres: total amount of lands disposed of within the +fiscal year, 25,346,992 acres, which is an increase in quantity sold and +located under land warrants and grants of 12,231, 818 acres over the fiscal +year immediately preceding. The quantity of land sold during the second and +third quarters of 1852 was 334,451 acres; the amount received therefor was +$623,687. The quantity sold the second and third quarters of the year 1853 +was 1,609,919 acres, and the amount received therefor $2,226,876. + +The whole number of land warrants issued under existing laws prior to the +30th of September last was 266,042, of which there were outstanding at that +date 66,947. The quantity of land required to satisfy these outstanding +warrants is 4,778,120 acres. Warrants have been issued to 30th of September +last under the act of 11th February, 1847, calling for 12,879,280 acres, +under acts of September 28, 1850, and March 22, 1852, calling for +12,505,360 acres, making a total of 25,384,640 acres. + +It is believed that experience has verified the wisdom and justice of the +present system with regard to the public domain in most essential +particulars. + +You will perceive from the report of the Secretary of the Interior that +opinions which have often been expressed in relation to the operation of +the land system as not being a source of revenue to the Federal Treasury +were erroneous. The net profits from the sale of the public lands to June +30, 1853, amounted to the sum of $53,289,465. + +I recommend the extension of the land system over the Territories of Utah +and New Mexico, with such modifications as their peculiarities may +require. + +Regarding our public domain as chiefly valuable to provide homes for the +industrious and enterprising, I am not prepared to recommend any essential +change in the land system, except by modifications in favor of the actual +settler and an extension of the preemption principle in certain cases, for +reasons and on grounds which will be fully developed in the reports to be +laid before you. + +Congress, representing the proprietors of the territorial domain and +charged especially with power to dispose of territory belonging to the +United States, has for a long course of years, beginning with the +Administration of Mr. Jefferson, exercised the power to construct roads +within the Territories, and there are so many and obvious distinctions +between this exercise of power and that of making roads within the States +that the former has never been considered subject to such objections as +apply to the latter; and such may now be considered the settled +construction of the power of the Federal Government upon the subject. + +Numerous applications have been and no doubt will continue to be made for +grants of land in aid of the construction of railways. It is not believed +to be within the intent and meaning of the Constitution that the power to +dispose of the public domain should be used otherwise than might be +expected from a prudent proprietor and therefore that grants of land to aid +in the construction of roads should be restricted to cases where it would +be for the interest of a proprietor under like circumstances thus to +contribute to the construction of these works. For the practical operation +of such grants thus far in advancing the interests ot the States in which +the works are located, and at the same time the substantial interests of +all the other States, by enhancing the value and promoting the rapid sale +of the public domain, I refer you to the report of the Secretary of the +Interior. A careful examination, however, will show that this experience is +the result of a just discrimination and will be far from affording +encouragement to a reckless or indiscriminate extension of the principle. + +I commend to your favorable consideration the men of genius of our country +who by their inventions and discoveries in science and arts have +contributed largely to the improvements of the age without, in many +instances, securing for themselves anything like an adequate reward. For +many interesting details upon this subject I refer you to the appropriate +reports, and especially urge upon your early attention the apparently +slight, but really important, modifications of existing laws therein +suggested. + +The liberal spirit which has so long marked the action of Congress in +relation to the District of Columbia will, I have no doubt, continue to be +manifested. + +The erection of an asylum for the insane of the District of Columbia and of +the Army and Navy of the United States has been somewhat retarded by the +great demand for materials and labor during the past summer, but full +preparation for the reception of patients before the return of another +winter is anticipated; and there is the best reason to believe, from the +plan and contemplated arrangements which have been devised, with the large +experience furnished within the last few years in relation to the nature +and treatment of the disease, that it will prove an asylum indeed to this +most helpless and afflicted class of sufferers and stand as a noble +monument of wisdom and mercy. Under the acts of Congress of August 31, +1852, and of March 3, 1853, designed to secure for the cities of Washington +and Georgetown an abundant supply of good and wholesome water, it became my +duty to examine the report and plans of the engineer who had charge of the +surveys under the act first named. The best, if not the only, plan +calculated to secure permanently the object sought was that which +contemplates taking the water from the Great Falls of the Potomac, and +consequently I gave to it my approval. + +For the progress and present condition of this important work and for its +demands so far as appropriations are concerned I refer you to the report of +the Secretary of War. + +The present judicial system of the United States has now been in operation +for so long a period of time and has in its general theory and much of its +details become so familiar to the country and acquired so entirely the +public confidence that if modified in any respect it should only be in +those particulars which may adapt it to the increased extent, population, +and legal business of the United States. In this relation the organization +of the courts is now confessedly inadequate to the duties to be performed +by them, in consequence of which the States of Florida, Wisconsin, Iowa, +Texas, and California, and districts of other States, are in effect +excluded from the full benefits of the general system by the functions of +the circuit court being devolved on the district judges in all those States +or parts of States. The spirit of the Constitution and a due regard to +justice require that all the States of the Union should be placed on the +same footing in regard to the judicial tribunals. I therefore commend to +your consideration this important subject, which in my judgment demands the +speedy action of Congress. I will present to you, if deemed desirable, a +plan which I am prepared to recommend for the enlargement and modification +of the present judicial system. + +The act of Congress establishing the Smithsonian Institution provided that +the President of the United States and other persons therein designated +should constitute an "establishment" by that name, and that the members +should hold stated and special meetings for the supervision of the affairs +of the Institution. The organization not having taken place, it seemed to +me proper that it should be effected without delay. This has been done; and +an occasion was thereby presented for inspecting the condition of the +Institution and appreciating its successful progress thus far and its high +promise of great and general usefulness. + +I have omitted to ask your favorable consideration for the estimates of +works of a local character in twenty-seven of the thirty-one States, +amounting to $1,754,500, because, independently of the grounds which have +so often been urged against the application of the Federal revenue for +works of this character, inequality, with consequent injustice, is inherent +in the nature of the proposition, and because the plan has proved entirely +inadequate to the accomplishment of the objects sought. + +The subject of internal improvements, claiming alike the interest and good +will of all, has, nevertheless, been the basis of much political discussion +and has stood as a deep-graven line of division between statesmen of +eminent ability and patriotism. The rule of strict construction of all +powers delegated by the States to the General Government has arrayed itself +from time to time against the rapid progress of expenditures from the +National Treasury on works of a local character within the States. +Memorable as an epoch in the history of this subject is the message of +President Jackson of the 27th of May, 1830, which met the system of +internal improvements in its comparative infancy; but so rapid had been its +growth that the projected appropriations in that year for works of this +character had risen to the alarming amount of more than $100,000,000 + +In that message the President admitted the difficulty of bringing back the +operations of the Government to the construction of the Constitution set up +in 1798, and marked it as an admonitory proof of the necessity of guarding +that instrument with sleepless vigilance against the authority of +precedents which had not the sanction of its most plainly defined powers. + +Our Government exists under a written compact between sovereign States, +uniting for specific objects and with specific grants to their general +agent. If, then, in the progress of its administration there have been +departures from the terms and intent of the compact, it is and will ever be +proper to refer back to the fixed standard which our fathers left us and to +make a stern effort to conform our action to it. It would seem that the +fact of a principle having been resisted from the first by many of the +wisest and most patriotic men of the Republic, and a policy having provoked +constant strife without arriving at a conclusion which can be regarded as +satisfactory to its most earnest advocates, should suggest the inquiry +whether there may not be a plan likely to be crowned by happier results. +Without perceiving any sound distinction or intending to assert any +principle as opposed to improvements needed for the protection of internal +commerce which does not equally apply to improvements upon the seaboard for +the protection of foreign commerce, I submit to you whether it may not be +safely anticipated that if the policy were once settled against +appropriations by the General Government for local improvements for the +benefit of commerce, localities requiring expenditures would not, by modes +and means clearly legitimate and proper, raise the fund necessary for such +constructions as the safety or other interests of their commerce might +require. + +If that can be regarded as a system which in the experience of mere than +thirty years has at no time so commanded the public judgment as to give it +the character of a settled policy; which, though it has produced some works +of conceded importance, has been attended with an expenditure quite +disproportionate to their value and has resulted in squandering large sums +upon objects which have answered no valuable purpose, the interests of all +the States require it to be abandoned unless hopes may be indulged for the +future which find no warrant in the past. + +With an anxious desire for the completion of the works which are regarded +by all good citizens with sincere interest, I have deemed it my duty to ask +at your hands a deliberate reconsideration of the question, with a hope +that, animated by a desire to promote the permanent and substantial +interests of the country, your wisdom may prove equal to the task of +devising and maturing a plan which, applied to this subject, may promise +something better than constant strife, the suspension of the powers of +local enterprise, the exciting of vain hopes, and the disappointment of +cherished expectations. + +In expending the appropriations made by the last Congress several cases +have arisen in relation to works for the improvement of harbors which +involve questions as to the right of soil and jurisdiction, and have +threatened conflict between the authority of the State and General +Governments. The right to construct a breakwater, jetty, or dam would seem +necessarily to carry with it the power to protect and preserve such +constructions. This can only be effectually done by having jurisdiction +over the soil. But no clause of the Constitution is found on which to rest +the claim of the United States to exercise jurisdiction over the soil of a +State except that conferred by the eighth section of the first article of +the Constitution. It is, then, submitted whether, in all cases where +constructions are to be erected by the General Government, the right of +soil should not first be obtained and legislative provision be made to +cover all such cases. For the progress made in the construction of roads +within the Territories, as provided for in the appropriations of the last +Congress, I refer you to the report of the Secretary of War. + +There is one subject of a domestic nature which, from its intrinsic +importance and the many interesting questions of future policy which it +involves, can not fail to receive your early attention. I allude to the +means of communication by which different parts of the wide expanse of our +country are to be placed in closer connection for purposes both of defense +and commercial intercourse, and more especially such as appertain to the +communication of those great divisions of the Union which lie on the +opposite sides of the Rocky Mountains. That the Government has not been +unmindful of this heretofore is apparent from the aid it has afforded +through appropriations for mail facilities and other purposes. But the +general subject will now present itself under aspects more imposing and +more purely national by reason of the surveys ordered by Congress, and now +in the process of completion, for communication by railway across the +continent, and wholly within the limits of the United States. + +The power to declare war, to raise and support armies, to provide and +maintain a navy, and to call forth the militia to execute the laws, +suppress insurrections, and repel invasions was conferred upon Congress as +means to provide for the common defense and to protect a territory and a +population now widespread and vastly multiplied. As incidental to and +indispensable for the exercise of this power, it must sometimes be +necessary to construct military roads and protect harbors of refuge. To +appropriations by Congress for such objects no sound objection can be +raised. Happily for our country, its peaceful policy and rapidly increasing +population impose upon us no urgent necessity for preparation, and leave +but few trackless deserts between assailable points and a patriotic people +ever ready and generally able to protect them. These necessary links the +enterprise and energy of our people are steadily and boldly struggling to +supply. All experience affirms that wherever private enterprise will avail +it is most wise for the General Government to leave to that and individual +watchfulness the location and execution of all means of communication. + +The surveys before alluded to were designed to ascertain the most +practicable and economical route for a railroad from the river Mississippi +to the Pacific Ocean. Parties are now in the field making explorations, +where previous examinations had not supplied sufficient data and where +there was the best reason to hope the object sought might be found. The +means and time being both limited, it is not to be expected that all the +accurate knowledge desired will be obtained, but it is hoped that much and +important information will be added to the stock previously possessed, and +that partial, if not full, reports of the surveys ordered will be received +in time for transmission to the two Houses of Congress on or before the +first Monday in February next, as required by the act of appropriation. The +magnitude of the enterprise contemplated has aroused and will doubtless +continue to excite a very general interest throughout the country. In its +political, its commercial, and its military bearings it has varied, great, +and increasing claims to consideration. The heavy expense, the great delay, +and, at times, fatality attending travel by either of the Isthmus routes +have demonstrated the advantage which would result from interterritorial +communication by such safe and rapid means as a railroad would supply. + +These difficulties, which have been encountered in a period of peace, would +be magnified and still further increased in time of war. But whilst the +embarrassments already encountered and others under new contingencies to be +anticipated may serve strikingly to exhibit the importance of such a work, +neither these nor all considerations combined can have an appreciable value +when weighed against the obligation strictly to adhere to the Constitution +and faithfully to execute the powers it confers. + +Within this limit and to the extent of the interest of the Government +involved it would seem both expedient and proper if an economical and +practicable route shall be found to aid by all constitutional means in the +construction of a road which will unite by speedy transit the populations +of the Pacific and Atlantic States. To guard against misconception, it +should be remarked that although the power to construct or aid in the +construction of a road within the limits of a Territory is not embarrassed +by that question of jurisdiction which would arise within the limits of a +State, it is, nevertheless, held to be of doubtful power and more than +doubtful propriety, even within the limits of a Territory, for the General +Government to undertake to administer the affairs of a railroad, a canal, +or other similar construction, and therefore that its connection with a +work of this character should be incidental rather than primary. I will +only add at present that, fully appreciating the magnitude of the subject +and solicitous that the Atlantic and Pacific shores of the Republic may be +bound together by inseparable ties of common interest, as well as of common +fealty and attachment to the Union, I shall be disposed, so far as my own +action is concerned, to follow the lights of the Constitution as expounded +and illustrated by those whose opinions and expositions constitute the +standard of my political faith in regard to the powers of the Federal +Government. It is, I trust, not necessary to say that no grandeur of +enterprise and no present urgent inducement promising popular favor will +lead me to disregard those lights or to depart from that path which +experience has proved to be safe, and which is now radiant with the glow of +prosperity and legitimate constitutional progress. We can afford to wait, +but we can not afford to overlook the ark of our security. + +It is no part of my purpose to give prominence to any subject which may +properly be regarded as set at rest by the deliberate judgment of the +people. But while the present is bright with promise and the future full of +demand and inducement for the exercise of active intelligence, the past can +never be without useful lessons of admonition and instruction. If its +dangers serve not as beacons, they will evidently fail to fulfill the +object of a wise design. When the grave shall have closed over all who are +now endeavoring to meet the obligations of duty, the year 1850 will be +recurred to as a period filled with anxious apprehension. A successful war +had just terminated. Peace brought with it a vast augmentation of +territory. Disturbing questions arose bearing upon the domestic +institutions of one portion of the Confederacy and involving the +constitutional rights of the States. But notwithstanding differences of +opinion and sentiment which then existed in relation to details and +specific provisions, the acquiescence of distinguished citizens, whose +devotion to the Union can never be doubted, has given renewed vigor to our +institutions and restored a sense of repose and security to the public mind +throughout the Confederacy. That this repose is to suffer no shock during +my official term, if I have power to avert it, those who placed me here may +be assured. The wisdom of men who knew what independence cost, who had put +all at stake upon the issue of the Revolutionary struggle, disposed of the +subject to which I refer in the only way consistent with the Union of these +States and with the march of power and prosperity which has made us what we +are. It is a significant fact that from the adoption of the Constitution +until the officers and soldiers of the Revolution had passed to their +graves, or, through the infirmities of age and wounds, had ceased to +participate actively in public affairs, there was not merely a quiet +acquiescence in, but a prompt vindication of, the constitutional rights of +the States. The reserved powers were scrupulously respected. No statesman +put forth the narrow views of casuists to justify interference and +agitation, but the spirit of the compact was regarded as sacred in the eye +of honor and indispensable for the great experiment of civil liberty, +which, environed by inherent difficulties, was yet borne forward in +apparent weakness by a power superior to all obstacles. There is no +condemnation which the voice of freedom will not pronounce upon us should +we prove faithless to this great trust. While men inhabiting different +parts of this vast continent can no more be expected to hold the same +opinions or entertain the same sentiments than every variety of climate or +soil can be expected to furnish the same agricultural products, they can +unite in a common object and sustain common principles essential to the +maintenance of that object. The gallant men of the South and the North +could stand together during the struggle of the Revolution; they could +stand together in the more trying period which succeeded the clangor of +arms. As their united valor was adequate to all the trials of the camp and +dangers of the field, so their united wisdom proved equal to the greater +task of founding upon a deep and broad basis institutions which it has been +our privilege to enjoy and will ever be our most sacred duty to sustain. It +is but the feeble expression of a faith strong and universal to say that +their sons, whose blood mingled so often upon the same field during the War +of 1812 and who have more recently borne in triumph the flag of the country +upon a foreign soil, will never permit alienation of feeling to weaken the +power of their united efforts nor internal dissensions to paralyze the +great arm of freedom, uplifted for the vindication of self-government. + +I have thus briefly presented such suggestions as seem to me especially +worthy of your consideration. In providing for the present you can hardly +fail to avail yourselves of the light which the experience of the past +casts upon the future. + +The growth of our population has now brought us, in the destined career of +our national history, to a point at which it well behooves us to expand our +vision over the vast prospective. + +The successive decennial returns of the census since the adoption of the +Constitution have revealed a law of steady, progressive development, which +may be stated in general terms as a duplication every quarter century. +Carried forward from the point already reached for only a short period of +time, as applicable to the existence of a nation, this law of progress, if +unchecked, will bring us to almost incredible results. A large allowance +for a diminished proportional effect of emigration would not very +materially reduce the estimate, while the increased average duration of +human life known to have already resulted from the scientific and hygienic +improvements of the past fifty years will tend to keep up through the next +fifty, or perhaps hundred, the same ratio of growth which has been thus +revealed in our past progress; and to the influence of these causes may be +added the influx of laboring masses from eastern Asia to the Pacific side +of our possessions, together with the probable accession of the populations +already existing in other parts of our hemisphere, which within the period +in question will feel with yearly increasing force the natural attraction +of so vast, powerful, and prosperous a confederation of self-governing +republics and will seek the privilege of being admitted within its safe and +happy bosom, transferring with themselves, by a peaceful and healthy +process of incorporation, spacious regions of virgin and exuberant soil, +which are destined to swarm with the fast growing and fast-spreading +millions of our race. + +These considerations seem fully to justify the presumption that the law of +population above stated will continue to act with undiminished effect +through at least the next half century, and that thousands of persons who +have already arrived at maturity and are now exercising the rights of +freemen will close their eyes on the spectacle of more than 100,000,000 of +population embraced within the majestic proportions of the American Union. +It is not merely as an interesting topic of speculation that I present +these views for your consideration. They have important practical bearings +upon all the political duties we are called upon to perform. Heretofore our +system of government has worked on what may be termed a miniature scale in +comparison with the development which it must thus assume within a future +so near at hand as scarcely to be beyond the present of the existing +generation. + +It is evident that a confederation so vast and so varied, both in numbers +and in territorial extent, in habits and in interests, could only be kept +in national cohesion by the strictest fidelity to the principles of the +Constitution as understood by those who have adhered to the most restricted +construction of the powers granted by the people and the States. +Interpreted and applied according to those principles, the great compact +adapts itself with healthy ease and freedom to an unlimited extension of +that benign system of federative self-government of which it is our +glorious and, I trust, immortal charter. Let us, then, with redoubled +vigilance, be on our guard against yielding to the temptation of the +exercise of doubtful powers, even under the pressure of the motives of +conceded temporary advantage and apparent temporary expediency. The minimum +of Federal government compatible with the maintenance of national unity and +efficient action in our relations with the rest of the world should afford +the rule and measure of construction of our powers under the general +clauses of the Constitution. A spirit of strict deference to the sovereign +rights and dignity of every State, rather than a disposition to subordinate +the States into a provincial relation to the central authority, should +characterize all our exercise of the respective powers temporarily vested +in us as a sacred trust from the generous confidence of our constituents. + +In like manner, as a manifestly indispensable condition of the perpetuation +of the Union and of the realization of that magnificent national future +adverted to, does the duty become yearly stronger and clearer upon us, as +citizens of the several States, to cultivate a fraternal and affectionate +spirit, language, and conduct in regard to other States and in relation to +the varied interests, institutions, and habits of sentiment and opinion +which may respectively characterize them. Mutual forbearance, respect, and +noninterference in our personal action as citizens and an enlarged exercise +of the most liberal principles of comity in the public dealings of State +with State, whether in legislation or in the execution of laws, are the +means to perpetuate that confidence and fraternity the decay of which a +mere political union, on so vast a scale, could not long survive. + +In still another point of view is an important practical duty suggested by +this consideration of the magnitude of dimensions to which our political +system, with its corresponding machinery of government, is so rapidly +expanding. With increased vigilance does it require us to cultivate the +cardinal virtues of public frugality and official integrity and purity. +Public affairs ought to be so conducted that a settled conviction shall +pervade the entire Union that nothing short of the highest tone and +standard of public morality marks every part of the administration and +legislation of the General Government. Thus will the federal system, +whatever expansion time and progress may give it, continue more and more +deeply rooted in the love and confidence of the people. + +That wise economy which is as far removed from parsimony as from corrupt +and corrupting extravagance; that single regard for the public good which +will frown upon all attempts to approach the Treasury with insidious +projects of private interest cloaked under public pretexts; that sound +fiscal administration which, in the legislative department, guards against +the dangerous temptations incident to overflowing revenue, and, in the +executive, maintains an unsleeping watchfulness against the tendency of all +national expenditure to extravagance, while they are admitted elementary +political duties, may, I trust, be deemed as properly adverted to and urged +in view of the more impressive sense of that necessity which is directly +suggested by the considerations now presented. + +Since the adjournment of Congress the Vice-President of the United States +has passed from the scenes of earth, without having entered upon the duties +of the station to which he had been called by the voice of his countrymen. +Having occupied almost continuously for more than thirty years a seat in +one or the other of the two Houses of Congress, and having by his singular +purity and wisdom secured unbounded confidence and universal respect, his +failing health was watched by the nation with painful solicitude. His loss +to the country, under all the circumstances, has been justly regarded as +irreparable. + +In compliance with the act of Congress of March 2, 1853, the oath of office +was administered to him on the 24th of that month at Ariadne estate, near +Matanzas, in the island of Cuba; but his strength gradually declined, and +was hardly sufficient to enable him to return to his home in Alabama, +where, on the 18th day of April, in the most calm and peaceful way, his +long and eminently useful career was terminated. Entertaining unlimited +confidence in your intelligent and patriotic devotion to the public +interest, and being conscious of no motives on my part which are not +inseparable from the honor and advancement of my country, I hope it may be +my privilege to deserve and secure not only your cordial cooperation in +great public measures, but also those relations of mutual confidence and +regard which it is always so desirable to cultivate between members of +coordinate branches of the Government. + +*** + +State of the Union Address +Franklin Pierce +December 4, 1854 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The past has been an eventful year, and will be hereafter referred to as a +marked epoch in the history of the world. While we have been happily +preserved from the calamities of war, our domestic prosperity has not been +entirely uninterrupted. The crops in portions of the country have been +nearly cut off. Disease has prevailed to a greater extent than usual, and +the sacrifice of human life through casualties by sea and land is without +parallel. But the pestilence has swept by, and restored salubrity invites +the absent to their homes and the return of business to its ordinary +channels. If the earth has rewarded the labor of the husbandman less +bountifully than in preceding seasons, it has left him with abundance for +domestic wants and a large surplus for exportation. In the present, +therefore, as in the past, we find ample grounds for reverent thankfulness +to the God of grace and providence for His protecting care and merciful +dealings with us as a people. + +Although our attention has been arrested by painful interest in passing +events, yet our country feels no more than the slight vibrations of the +convulsions which have shaken Europe. As individuals we can not repress +sympathy with human suffering nor regret for the causes which produce it; +as a nation we are reminded that whatever interrupts the peace or checks +the prosperity of any part of Christendom tends more or less to involve our +own. The condition of States is not unlike that of individuals; they are +mutually dependent upon each other. Amicable relations between them and +reciprocal good will are essential for the promotion of whatever is +desirable in their moral, social, and political condition. Hence it has +been my earnest endeavor to maintain peace and friendly intercourse with +all nations. + +The wise theory of this Government, so early adopted and steadily pursued, +of avoiding all entangling alliances has hitherto exempted it from many +complications in which it would otherwise have become involved. +Notwithstanding this our clearly defined and well-sustained course of +action and our geographical position, so remote from Europe, increasing +disposition has been manifested by some of its Governments to supervise and +in certain respects to direct our foreign policy. In plans for adjusting +the balance of power among themselves they have assumed to take us into +account, and would constrain us to conform our conduct to their views. One +or another of the powers of Europe has from time to time undertaken to +enforce arbitrary regulations contrary in many respects to established +principles of international law. That law the United States have in their +foreign intercourse uniformly respected and observed, and they can not +recognize any such interpolations therein as the temporary interests of +others may suggest. They do not admit that the sovereigns of one continent +or of a particular community of states can legislate for all others. + +Leaving the transatlantic nations to adjust their political system in the +way they may think best for their common welfare, the independent powers of +this continent may well assert the right to be exempt from all annoying +interference on their part. Systematic abstinence from intimate political +connection with distant foreign nations does not conflict with giving the +widest range to our foreign commerce. This distinction, so clearly marked +in history, seems to have been overlooked or disregarded by some leading +foreign states. Our refusal to be brought within and subjected to their +peculiar system has, I fear, created a jealous distrust of our conduct and +induced on their part occasional acts of disturbing effect upon our foreign +relations. Our present attitude and past course give assurances, which +should not be questioned, that our purposes are not aggressive nor +threatening to the safety and welfare of other nations. Our military +establishment in time of peace is adapted to maintain exterior defenses and +to preserve order among the aboriginal tribes within the limits of the +Union. Our naval force is intended only for the protection of our citizens +abroad and of our commerce, diffused, as it is, over all the seas of the +globe. The Government of the United States, being essentially pacific in +policy, stands prepared to repel invasion by the voluntary service of a +patriotic people, and provides no permanent means of foreign aggression. +These considerations should allay all apprehension that we are disposed to +encroach on the rights or endanger the security of other states. + +Some European powers have regarded with disquieting concern the territorial +expansion of the United States. This rapid growth has resulted from the +legitimate exercise of sovereign rights belonging alike to all nations, and +by many liberally exercised. Under such circumstances it could hardly have +been expected that those among them which have within a comparatively +recent period subdued and absorbed ancient kingdoms, planted their +standards on every continent, and now possess or claim the control of the +islands of every ocean as their appropriate domain would look with +unfriendly sentiments upon the acquisitions of this country, in every +instance honorably obtained, or would feel themselves justified in imputing +our advancement to a spirit of aggression or to a passion for political +predominance. Our foreign commerce has reached a magnitude and extent +nearly equal to that of the first maritime power of the earth, and +exceeding that of any other. Over this great interest, in which not only +our merchants, but all classes of citizens, at least indirectly, are +concerned, it is the duty of the executive and legislative branches of the +Government to exercise a careful supervision and adopt proper measures for +its protection. The policy which I had in view in regard to this interest +embraces its future as well as its present security. Long experience has +shown that, in general, when the principal powers of Europe are engaged in +war the rights of neutral nations are endangered. This consideration led, +in the progress of the War of our Independence, to the formation of the +celebrated confederacy of armed neutrality, a primary object of which was +to assert the doctrine that free ships make free goods, except in the case +of articles contraband of war--a doctrine which from the very commencement +of our national being has been a cherished idea of the statesmen of this +country. At one period or another every maritime power has by some solemn +treaty stipulation recognized that principle, and it might have been hoped +that it would come to be universally received and respected as a rule of +international law. But the refusal of one power prevented this, and in the +next great war which ensued--that of the French Revolution--it failed to be +respected among the belligerent States of Europe. Notwithstanding this, the +principle is generally admitted to be a sound and salutary one, so much so +that at the commencement of the existing war in Europe Great Britain and +France announced their purpose to observe it for the present; not, however, +as a recognized international fight, but as a mere concession for the time +being. The cooperation, however, of these two powerful maritime nations in +the interest of neutral rights appeared to me to afford an occasion +inviting and justifying on the part of the United States a renewed effort +to make the doctrine in question a principle of international law, by means +of special conventions between the several powers of Europe and America. +Accordingly, a proposition embracing not only the rule that free ships make +free goods, except contraband articles, but also the less contested one +that neutral property other than contraband, though on board enemy's ships, +shall be exempt from confiscation, has been submitted by this Government to +those of Europe and America. + +Russia acted promptly in this matter, and a convention was concluded +between that country and the United States providing for the observance of +the principles announced, not only as between themselves, but also as +between them and all other nations which shall enter into like +stipulations. None of the other powers have as yet taken final action on +the subject. I am not aware, however, that any objection to the proposed +stipulations has been made, but, on the contrary, they are acknowledged to +be essential to the security of neutral commerce, and the only apparent +obstacle to their general adoption is in the possibility that it may be +encumbered by inadmissible conditions. The King of the Two Sicilies has +expressed to our minister at Naples his readiness to concur in our +proposition relative to neutral rights and to enter into a convention on +that subject. + +The King of Prussia entirely approves of the project of a treaty to the +same effect submitted to him, but proposes an additional article providing +for the renunciation of privateering. Such an article, for most obvious +reasons, is much desired by nations having naval establishments large in +proportion to their foreign commerce. If it were adopted as an +international rule, the commerce of a nation having comparatively a small +naval force would be very much at the mercy of its enemy in case of war +with a power of decided naval superiority. The bare statement of the +condition in which the United States would be placed, after having +surrendered the right to resort to privateers, in the event of war with a +belligerent of naval supremacy will show that this Government could never +listen to such a proposition. The navy of the first maritime power in +Europe is at least ten times as large as that of the United States. The +foreign commerce of the two countries is nearly equal, and about equally +exposed to hostile depredations. In war between that power and the United +States, without resort on our part to our mercantile marine the means of +our enemy to inflict injury upon our commerce would be tenfold greater than +ours to retaliate. We could not extricate our country from this unequal +condition, with such an enemy, unless we at once departed from our present +peaceful policy and became a great naval power. Nor would this country be +better situated in war with one of the secondary naval powers. Though the +naval disparity would be less, the greater extent and more exposed +condition of our widespread commerce would give any of them a like +advantage over us. + +The proposition to enter into engagements to forego a resort to privateers +in case this country should be forced into war with a great naval power is +not entitled to more favorable consideration than would be a proposition to +agree not to accept the services of volunteers for operations on land. When +the honor or the rights of our country require it to assume a hostile +attitude, it confidently relies upon the patriotism of its citizens, not +ordinarily devoted to the military profession, to augment the Army and the +Navy so as to make them fully adequate to the emergency which calls them +into action. The proposal to surrender the right to employ privateers is +professedly founded upon the principle that private property of unoffending +noncombatants, though enemies, should be exempt from the ravages of war; +but the proposed surrender goes but little way in carrying out that +principle, which equally requires that such private property should not be +seized or molested by national ships of war. Should the leading powers of +Europe concur in proposing as a rule of international law to exempt private +property upon the ocean from seizure by public armed cruisers as well as by +privateers, the United States will readily meet them upon that broad +ground. + +Since the adjournment of Congress the ratifications of the treaty between +the United States and Great Britain relative to coast fisheries and to +reciprocal trade with the British North American Provinces have been +exchanged, and some of its anticipated advantages are already enjoyed by +us, although its full execution was to abide certain acts of legislation +not yet fully performed. So soon as it was ratified Great Britain opened to +our commerce the free navigation of the river St. Lawrence and to our +fishermen unmolested access to the shores and bays, from which they had +been previously excluded, on the coasts of her North American Provinces; in +return for which she asked for the introduction free of duty into the ports +of the United States of the fish caught on the same coast by British +fishermen. This being the compensation stipulated in the treaty for +privileges of the highest importance and value to the United States, which +were thus voluntarily yielded before it became effective, the request +seemed to me to be a reasonable one; but it could not be acceded to from +want of authority to suspend our laws imposing duties upon all foreign +fish. In the meantime the Treasury Department issued a regulation for +ascertaining the duties paid or secured by bonds on fish caught on the +coasts of the British Provinces and brought to our markets by British +subjects after the fishing grounds had been made fully accessible to the +citizens of the United States. I recommend to your favorable consideration +a proposition, which will be submitted to you, for authority to refund the +duties and cancel the bonds thus received. The Provinces of Canada and New +Brunswick have also anticipated the full operation of the treaty by +legislative arrangements, respectively, to admit free of duty the products +of the United States mentioned in the free list of the treaty; and an +arrangement similar to that regarding British fish has been made for duties +now chargeable on the products of those Provinces enumerated in the same +free list and introduced therefrom into the United States, a proposition +for refunding which will, in my judgment, be in like manner entitled to +your favorable consideration. + +There is difference of opinion between the United States and Great Britain +as to the boundary line of the Territory of Washington adjoining the +British possessions on the Pacific, which has already led to difficulties +on the part of the citizens and local authorities of the two Governments I +recommend that provision he made for a commission, to be joined by one on +the part of Her Britannic Majesty, for the purpose of running and +establishing the line in controversy. Certain stipulations of the third and +fourth articles of the treaty concluded by the United States and Great +Britain in 1846, regarding possessory rights of the Hudsons Bay Company and +property of the Pugets Sound Agricultural Company, have given rise to +serious disputes, and it is important to all concerned that summary means +of settling them amicably should be devised. I have reason to believe that +an arrangement can be made on just terms for the extinguishment of the +rights in question, embracing also the right of the Hudsons Bay Company to +the navigation of the river Columbia; and I therefore suggest to your +consideration the expediency of making a contingent appropriation for that +purpose. + +France was the early and efficient ally of the United States in their +struggle for independence. From that time to the present, with occasional +slight interruptions, cordial relations of friendship have existed between +the Governments and people of the two countries. The kindly sentiments +cherished alike by both nations have led to extensive social and commercial +intercourse, which I trust will not be interrupted or checked by any casual +event of an apparently unsatisfactory character. The French consul at San +Francisco was not long since brought into the United States district court +at that place by compulsory process as a witness in favor of another +foreign consul, in violation, as the French Government conceives, of his +privileges under our consular convention with France. There being nothing +in the transaction which could imply any disrespect to France or its +consul, such explanation has been made as, I hope, will be satisfactory. +Subsequently misunderstanding arose on the subject of the French Government +having, as it appeared, abruptly excluded the American minister to Spain +from passing through France on his way from London to Madrid. But that +Government has unequivocally disavowed any design to deny the right of +transit to the minister of the United States, and after explanations to +this effect he has resumed his journey and actually returned through France +to Spain. I herewith lay before Congress the correspondence on this subject +between our envoy at Paris and the minister of foreign relations of the +French Government. + +The position of our affairs with Spain remains as at the close of the last +session. Internal agitation, assuming very nearly the character of +political revolution, has recently convulsed that country. The late +ministers were violently expelled from power, and men of very different +views in relation to its internal affairs have succeeded. Since this change +there has been no propitious opportunity to resume and press on +negotiations for the adjustment of serious questions of difficulty between +the Spanish Government and the United States. There is reason to believe +that our minister will find the present Government more favorably inclined +than the preceding to comply with our just demands and to make suitable +arrangements for restoring harmony and preserving peace between the two +countries. + +Negotiations are pending with Denmark to discontinue the practice of +levying tolls on our vessels and their cargoes passing through the Sound. I +do not doubt that we can claim exemption therefrom as a matter of right. It +is admitted on all hands that this exaction is sanctioned, not by the +general principles of the law of nations, but only by special conventions +which most of the commercial nations have entered into with Denmark. The +fifth article of our treaty of 1826 with Denmark provides that there shall +not be paid on the vessels of the United States and their cargoes when +passing through the Sound higher duties than those of the most favored +nations. This may be regarded as an implied agreement to submit to the +tolls during the continuance of the treaty, and consequently may embarrass +the assertion of our right to be released therefrom. There are also other +provisions in the treaty which ought to be modified. It was to remain in +force for ten years and until one year after either party should give +notice to the other of intention to terminate it. I deem it expedient that +the contemplated notice should be given to the Government of Denmark. + +The naval expedition dispatched about two years since for the purpose of +establishing relations with the Empire of Japan has been ably and +skillfully conducted to a successful termination by the officer to whom it +was intrusted. A treaty opening certain of the ports of that populous +country has been negotiated, and in order to give full effect thereto it +only remains to exchange ratifications and adopt requisite commercial +regulations. + +The treaty lately concluded between the United States and Mexico settled +some of our most embarrassing difficulties with that country, but numerous +claims upon it for wrongs and injuries to our citizens remained unadjusted, +and many new eases have been recently added to the former list of +grievances. Our legation has been earnest in its endeavors to obtain from +the Mexican Government a favorable consideration of these claims, but +hitherto without success. This failure is probably in some measure to be +ascribed to the disturbed condition of that country. It has been my anxious +desire to maintain friendly relations with the Mexican Republic and to +cause its rights and territories to be respected, not only by our citizens, +but by foreigners who have resorted to the United States for the purpose of +organizing hostile expeditions against some of the States of that Republic. +The defenseless condition in which its frontiers have been left has +stimulated lawless adventurers to embark in these enterprises and greatly +increased the difficulty of enforcing our obligations of neutrality. +Regarding it as my solemn duty to fulfill efficiently these obligations not +only toward Mexico, but other foreign nations, I have exerted all the +powers with which I am invested to defeat such proceedings and bring to +punishment those who by taking a part therein violated our laws. The energy +and activity of our civil and military authorities have frustrated the +designs of those who meditated expeditions of this character except in two +instances. One of these, composed of foreigners, was at first countenanced +and aided by the Mexican Government itself, it having been deceived as to +their real object. The other, small in number, eluded the vigilance of the +magistrates at San Francisco and succeeded in reaching the Mexican +territories; but the effective measures taken by this Government compelled +the abandonment of the undertaking. + +The commission to establish the new line between the United States and +Mexico, according to the provisions of the treaty of the 30th of December +last, has been organized, and the work is already commenced. + +Our treaties with the Argentine Confederation and with the Republics of +Uruguay and Paraguay secure to us the free navigation of the river La Plata +and some of its larger tributaries, but the same success has not attended +our endeavors to open the Amazon. The reasons in favor of the free use of +that river I had occasion to present fully in a former message, and, +considering the cordial relations which have long existed between this +Government and Brazil, it may be expected that pending negotiations will +eventually reach a favorable result. + +Convenient means of transit between the several parts of a country are not +only desirable for the objects of commercial and personal communication, +but essential to its existence under one government. Separated, as are the +Atlantic and Pacific coasts of the United States, by the whole breadth of +the continent, still the inhabitants of each are closely bound together by +community of origin and institutions and by strong attachment to the Union. +Hence the constant and increasing intercourse and vast interchange of +commercial productions between these remote divisions of the Republic. At +the present time the most practicable and only, commodious routes for +communication between them are by the way of the isthmus of Central +America. It is the duty of the Government to secure these avenues against +all danger of interruption. + +In relation to Central America, perplexing questions existed between the +United States and Great Britain at the time of the cession of California. +These, as well as questions which subsequently arose concerning +interoceanic communication across the Isthmus, were, as it was supposed, +adjusted by the treaty of April 19, 1850, but, unfortunately, they have +been reopened by serious misunderstanding as to the import of some or its +provisions, a readjustment of which is now under consideration. Our +minister at London has made strenuous efforts to accomplish this desirable +object, but has not yet found it possible to bring the negotiations to a +termination. + +As incidental to these questions, I deem it proper to notice an occurrence +which happened in Central America near the close of the last session of +Congress. So soon as the necessity was perceived of establishing +interoceanic communications across the Isthmus a company was organized, +under the authority of the State of Nicaragua, but composed for the most +part of citizens of the United States, for the purpose of opening such a +transit way by the river San Juan and Lake Nicaragua, which soon became an +eligible and much used route in the transportation of our citizens and +their property between the Atlantic and Pacific. Meanwhile, and in +anticipation of the completion and importance of this transit way, a number +of adventurers had taken possession of the old Spanish port at the mouth of +the river San Juan in open defiance of the State or States of Central +America, which upon their becoming independent had rightfully succeeded to +the local sovereignty and jurisdiction of Spain. These adventurers +undertook to change the name of the place from San Juan del Norte to +Greytown, and though at first pretending to act as the subjects of the +fictitious sovereign of the Mosquito Indians, they subsequently repudiated +the control of any power whatever, assumed to adopt a distinct political +organization, and declared themselves an independent sovereign state. If at +some time a faint hope was entertained that they might become a stable and +respectable community, that hope soon vanished. They proceeded to assert +unfounded claims to civil jurisdiction over Punta Arenas, a position on the +opposite side of the river San Juan, which was in possession, under a title +wholly independent of them, of citizens of the United States interested in +the Nicaragua Transit Company, and which was indispensably necessary to the +prosperous operation of that route across the Isthmus. The company resisted +their groundless claims, whereupon they proceeded to destroy some of its +buildings and attempted violently to dispossess it. + +At a later period they organized a strong force for the purpose of +demolishing the establishment at Punta Arenas, but this mischievous design +was defeated by the interposition of one of our ships of war at that time +in the harbor of San Juan. Subsequently to this, in May last, a body of men +from Greytown crossed over to Punta Arenas, arrogating authority to arrest +on the charge of murder a captain of one of the steamboats of the Transit +Company. Being well aware that the claim to exercise jurisdiction there +would be resisted then, as it had been on previous occasions, they went +prepared to assert it by force of arms. Our minister to Central America +happened to be present on that occasion. Believing that the captain of the +steamboat was innocent (for he witnessed the transaction on which the +charge was founder), and believing also that the intruding party, having no +jurisdiction over the place where they proposed to make the arrest, would +encounter desperate resistance if they persisted in their purpose, he +interposed, effectually, to prevent violence and bloodshed. The American +minister afterwards visited Greytown, and whilst he was there a mob, +including certain of the so-called public functionaries of the place, +surrounded the house in which he was, avowing that they had come to arrest +him by order of some person exercising the chief authority. While parleying +with them he was wounded by a missile from the crowd. A boat dispatched +from the American steamer Northern Light to release him from the perilous +situation in which he was understood to be was fired into by the town guard +and compelled to return. These incidents, together with the known character +of the population of Greytown and their excited state, induced just +apprehensions that the lives and property of our citizens at Punta Arenas +would be in imminent danger after the departure of the steamer, with her +passengers, for New York, unless a guard was left for their protection. For +this purpose, and in order to insure the safety of passengers and property +passing over the route, a temporary force was organized, at considerable +expense to the United States, for which provision was made at the last +session of Congress. + +This pretended community, a heterogeneous assemblage gathered from various +countries, and composed for the most part of blacks and persons of mixed +blood, had previously given other indications of mischievous and dangerous +propensities. Early in the same month property was clandestinely abstracted +from the depot of the Transit Company and taken to Greytown. The plunderers +obtained shelter there and their pursuers were driven back by its people, +who not only protected the wrongdoers and shared the plunder, but treated +with rudeness and violence those who sought to recover their property. + +Such, in substance, are the facts submitted to my consideration, and proved +by trustworthy evidence. I could not doubt that the case demanded the +interposition of this Government. Justice required that reparation should +be made for so many and such gross wrongs, and that a course of insolence +and plunder, tending directly to the insecurity of the lives of numerous +travelers and of the rich treasure belonging to our citizens passing over +this transit way, should be peremptorily arrested. Whatever it might be in +other respects, the community in question, in power to do mischief, was not +despicable. It was well provided with ordnance, small arms, and ammunition, +and might easily seize on the unarmed boats, freighted with millions of +property, which passed almost daily within its reach. It did not profess to +belong to any regular government, and had, in fact, no recognized +dependence on or connection with anyone to which the United States or their +injured citizens might apply for redress or which could be held responsible +in any way for the outrages committed. Not standing before the world in the +attitude of an organized political society, being neither competent to +exercise the rights nor to discharge the obligations of a government, it +was, in fact, a marauding establishment too dangerous to be disregarded and +too guilty to pass unpunished, and yet incapable of being treated in any +other way than as a piratical resort of outlaws or a camp of savages +depredating on emigrant trains or caravans and the frontier settlements of +civilized states. + +Seasonable notice was given to the people of Greytown that this Government +required them to repair the injuries they had done to our citizens and to +make suitable apology for their insult of our minister, and that a ship of +war would be dispatched thither to enforce compliance with these demands. +But the notice passed unheeded. Thereupon a commander of the Navy, in +charge of the sloop of war Cyane, was ordered to repeat the demands and to +insist upon a compliance therewith. Finding that neither the populace nor +those assuming to have authority over them manifested any disposition to +make the required reparation, or even to offer excuse for their conduct, he +warned them by a public proclamation that if they did not give satisfaction +within a time specified he would bombard the town. By this procedure he +afforded them opportunity to provide for their personal safety. To those +also who desired to avoid loss of property in the punishment about to be +inflicted on the offending town he furnished the means of removing their +effects by the boats of his own ship and of a steamer which he procured and +tendered to them for that purpose. At length, perceiving no disposition on +the part of the town to comply with his requisitions, he appealed to the +commander of Her Britannic Majesty's schooner Bermuda, who was seen to have +intercourse and apparently much influence with the leaders among them, to +interpose and persuade them to take some course calculated to save the +necessity of resorting to the extreme measure indicated in his +proclamation; but that officer, instead of acceding to the request, did +nothing more than to protest against the contemplated bombardment. No steps +of any sort were taken by the people to give the satisfaction required. No +individuals, if any there were, who regarded themselves as not responsible +for the misconduct of the community adopted any means to separate +themselves from the fate of the guilty. The several charges on which the +demands for redress were founded had been publicly known to all for some +time, and were again announced to them. They did not deny any of these +charges; they offered no explanation, nothing in extenuation of their +conduct, but contumaciously refused to hold any intercourse with the +commander of the Cyane. By their obstinate silence they seemed rather +desirous to provoke chastisement than to escape it. There is ample reason +to believe that this conduct of wanton defiance on their part is imputable +chiefly to the delusive idea that the American Government would be deterred +from punishing them through fear of displeasing a formidable foreign power, +which they presumed to think looked with complacency upon their aggressive +and insulting deportment toward the United States. The Cyane at length +fired upon the town. Before much injury had been done the fire was twice +suspended in order to afford opportunity for an arrangement, but this was +declined. Most of the buildings of the place, of little value generally, +were in the sequel destroyed, but, owing to the considerate precautions +taken by our naval commander, there was no destruction of life. + +When the Cyane was ordered to Central America, it was confidently hoped and +expected that no occasion would arise for "a resort to violence and +destruction of property and loss of life." Instructions to that effect were +given to her commander; and no extreme act would have been requisite had +not the people themselves, by their extraordinary conduct in the affair, +frustrated all the possible mild measures for obtaining satisfaction. A +withdrawal from the place, the object of his visit entirely defeated, would +under the circumstances in which the commander of the Cyane found himself +have been absolute abandonment of all claim of our citizens for +indemnification and submissive acquiescence in national indignity. It would +have encouraged in these lawless men a spirit of insolence and rapine most +dangerous to the lives and property of our citizens at Punta Arenas, and +probably emboldened them to grasp at the treasures and valuable merchandise +continually passing over the Nicaragua route. It certainly would have been +most satisfactory to me if the objects of the Cyane's mission could have +been consummated without any act of public force, but the arrogant +contumacy of the offenders rendered it impossible to avoid the alternative +either to break up their establishment or to leave them impressed with the +idea that they might persevere with impunity in a career of insolence and +plunder. + +This transaction has been the subject of complaint on the part of some +foreign powers, and has been characterized with more of harshness than of +justice. If comparisons were to be instituted, it would not be difficult to +present repeated instances in the history of states standing in the very +front of modern civilization where communities far less offending and more +defenseless than Greytown have been chastised with much greater severity, +and where not cities only have been laid in ruins, but human life has been +recklessly sacrificed and the blood of the innocent made profusely to +mingle with that of the guilty. + +Passing from foreign to domestic affairs, your attention is naturally +directed to the financial condition of the country, always a subject of +general interest. For complete and exact information regarding the finances +and the various branches of the public service connected therewith I refer +you to the report of the Secretary of the Treasury, from which it will +appear that the amount of revenue during the last fiscal year from all +sources was $73,549,705, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$51, 018,249. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $24,336,380. To +the sum total of the receipts of that year is to be added a balance +remaining in the Treasury at the commencement thereof, amounting to +$21,942,892; and at the close of the same year a corresponding balance, +amounting to $20,137,967, of receipts above expenditures also remained in +the Treasury. Although, in the opinion of the Secretary of the Treasury, +the receipts of the current fiscal year are not likely to equal in amount +those of the last, yet they will undoubtedly exceed the amount of +expenditures by at least $15,000,000. I shall therefore continue to direct +that the surplus revenue be applied, so far as it can be judiciously and +economically done, to the reduction of the public debt, the amount of which +at the commencement of the last fiscal year was $67,340,628; of which there +had been paid on the 20th day of November, 1854, the sum of $22,365,172, +leaving a balance of outstanding public debt of only $44,975,456, +redeemable at different periods within fourteen years. There are also +remnants of other Government stocks, most of which are already due, and on +which the interest has ceased, but which have not yet been presented for +payment, amounting to $233,179. This statement exhibits the fact that the +annual income of the Government greatly exceeds the amount of its public +debt, which latter remains unpaid only because the time of payment has not +yet matured, and it can not be discharged at once except at the option of +public creditors, who prefer to retain the securities of the United States; +and the other fact, not less striking, that the annual revenue from all +sources exceeds by many millions of dollars the amount needed for a prudent +and economical administration of the Government. + +The estimates presented to Congress from the different Executive +Departments at the last session amounted to $38,406,581 and the +appropriations made to the sum of $58,116,958. Of this excess of +appropriations over estimates, however, more than twenty millions was +applicable to extraordinary objects, having no reference to the usual +annual expenditures. Among these objects was embraced ten millions to meet +the third article of the treaty between the United States and Mexico; so +that, in fact, for objects of ordinary expenditure the appropriations were +limited to considerably less than $40,000,000. I therefore renew my +recommendation for a reduction of the duties on imports. The report of the +Secretary of the Treasury presents a series of tables showing the operation +of the revenue system for several successive years; and as the general +principle of reduction of duties with a view to revenue, and not +protection, may now be regarded as the settled policy of the country, I +trust that little difficulty will be encountered in settling the details of +a measure to that effect. + +In connection with this subject I recommend a change in the laws, which +recent experience has shown to be essential to the protection of the +Government. There is no express provision of law requiring the records and +papers of a public character of the several officers of the Government to +be left in their offices for the use of their successors, nor any provision +declaring it felony on their part to make false entries in the books or +return false accounts. In the absence of such express provision by law, the +outgoing officers in many instances have claimed and exercised the right to +take into their own possession important books and papers, on the ground +that these were their private property, and have placed them beyond the +reach of the Government. Conduct of this character, brought in several +instances to the notice of the present Secretary of the Treasury, naturally +awakened his suspicion, and resulted in the disclosure that at four +ports--namely, Oswego, Toledo, Sandusky, and Milwaukee--the Treasury had, +by false entries, been defrauded within the four years next preceding +March, 1853, of the sum of $198,000. The great difficulty with which the +detection of these frauds has been attended, in consequence of the +abstraction of books and papers by the retiring officers, and the facility +with which similar frauds in the public service may be perpetrated render +the necessity of new legal enactments in the respects above referred to +quite obvious. For other material modifications of the revenue laws which +seem to me desirable, I refer you to the report of the Secretary of the +Treasury. That report and the tables which accompany it furnish ample +proofs of the solid foundation on which the financial security of the +country rests and of the salutary influence of the independent-treasury +system upon commerce and all monetary operations. + +The experience of the last year furnishes additional reasons, I regret to +say, of a painful character, for the recommendation heretofore made to +provide for increasing the military force employed in the Territory +inhabited by the Indians. The settlers-on the frontier have suffered much +from the incursions of predatory bands, and large parties of emigrants to +our Pacific possessions have been massacred with impunity. The recurrence +of such scenes can only be prevented by teaching these wild tribes the +power of and their responsibility to the United States. From the garrisons +of our frontier posts it is only possible to detach troops in small bodies; +and though these have on all occasions displayed a gallantry and a stern +devotion to duty which on a larger field would have commanded universal +admiration, they have usually suffered severely in these conflicts with +superior numbers, and have sometimes been entirely sacrificed. All the +disposable force of the Army is already employed on this service, and is +known to be wholly inadequate to the protection which should be afforded. +The public mind of the country has been recently shocked by savage +atrocities committed upon defenseless emigrants and border settlements, and +hardly less by the unnecessary destruction of valuable lives where +inadequate detachments of troops have undertaken to furnish the needed aid. +Without increase of the military force these scenes will be repeated, it is +to be feared, on a larger scale and with more disastrous consequences. +Congress, I am sure, will perceive that the plainest duties and +responsibilities of Government are involved in this question, and I doubt +not that prompt action may be confidently anticipated when delay must be +attended by such fearful hazards. + +The bill of the last session providing for an increase of the pay of the +rank and file of the Army has had beneficial results, not only in +facilitating enlistments, but in obvious improvement in the class of men +who enter the service. I regret that corresponding consideration was not +bestowed on the officers, who, in view of their character and services and +the expenses to which they are necessarily subject, receive at present what +is, in my judgment, inadequate compensation. + +The valuable services constantly rendered by the Army and its inestimable +importance as the nucleus around which the volunteer forces of the nation +can promptly gather in the hour of danger, sufficiently attest the wisdom +of maintaining a military peace establishment; but the theory of our system +and the wise practice under it require that any proposed augmentation in +time of peace be only commensurate with our extended limits and frontier +relations. While scrupulously adhering to this principle, I find in +existing circumstances a necessity for increase of our military force, and +it is believed that four new regiments, two of infantry and two of mounted +men, will be sufficient to meet the present exigency. If it were necessary +carefully to weigh the cost in a case of such urgency, it would be shown +that the additional expense would be comparatively light. + +With the increase of the numerical force of the Army should, I think, be +combined certain measures of reform in its organic arrangement and +administration. The present organization is the result of partial +legislation often directed to special objects and interests; and the laws +regulating rank and command, having been adopted many years ago from the +British code, are not always applicable to our service. It is not +surprising, therefore, that the system should be deficient in the symmetry +and simplicity essential to the harmonious working of its several parts, +and require a careful revision. + +The present organization, by maintaining large staff corps or departments, +separates many officers from that close connection with troops and those +active duties in the field which are deemed requisite to qualify them for +the varied responsibilities of high command. Were the duties of the Army +staff mainly discharged by officers detached from their regiments, it is +believed that the special service would be equally well performed and the +discipline and instruction of the Army be improved. While due regard to the +security of the rights of officers and to the nice sense of honor which +should be cultivated among them would seem to exact compliance with the +established rule of promotion in ordinary cases, still it can hardly be +doubted that the range of promotion by selection, which is now practically +confined to the grade of general officers, might be somewhat extended with +benefit to the public service. Observance of the rule of seniority +sometimes leads, especially in time of peace, to the promotion of officers +who, after meritorious and even distinguished service, may have been +rendered by age or infirmity incapable of performing active duty, and whose +advancement, therefore, would tend to impair the efficiency of the Army. +Suitable provision for this class of officers, by the creation of a retired +list, would remedy the evil without wounding the just pride of men who by +past services have established a claim to high consideration. In again +commending this measure to the favorable consideration of Congress I would +suggest that the power of placing officers on the retired list be limited +to one year. The practical operation of the measure would thus be tested, +and if after the lapse of years there should be occasion to renew the +provision it can be reproduced with any improvements which experience may +indicate. The present organization of the artillery into regiments is +liable to obvious objections. The service of artillery is that of +batteries, and an organization of batteries into a corps of artillery would +be more consistent with the nature of their duties. A large part of the +troops now called artillery are, and have been, on duty as infantry, the +distinction between the two arms being merely nominal. This nominal +artillery in our service is disproportionate to the whole force and greater +than the wants of the country demand. I therefore commend the +discontinuance of a distinction which has no foundation in either the arms +used or the character of the service expected to be performed. + +In connection with the proposition for the increase of the Army, I have +presented these suggestions with regard to certain measures of reform as +the complement of a system which would produce the happiest results from a +given expenditure, and which, I hope, may attract the early attention and +be deemed worthy of the approval of Congress. + +The recommendation of the Secretary of the Navy having reference to more +ample provisions for the discipline and general improvement in the +character of seamen and for the reorganization and gradual increase of the +Navy I deem eminently worthy of your favorable consideration. The +principles which have controlled our policy in relation to the permanent +military force by sea and land are sound, consistent with the theory of our +system, and should by no means be disregarded. But, limiting the force to +the objects particularly set forth in the preceding part of this message, +we should not overlook the present magnitude and prospective extension of +our commercial marine, nor fail to give due weight to the fact that besides +the 2,000 miles of Atlantic seaboard we have now a Pacific coast stretching +from Mexico to the British possessions in the north, teeming with wealth +and enterprise and demanding the constant presence of ships of war. The +augmentation of the Navy has not kept pace with the duties properly and +profitably assigned to it in time of peace, and it is inadequate for the +large field of its operations, not merely in the present, but still more in +the progressively increasing exigencies of the commerce of the United +States. I cordially approve of the proposed apprentice system for our +national vessels recommended by the Secretary of the Navy. The occurrence +during the last few months of marine disasters of the most tragic nature, +involving great loss of human life, has produced intense emotions of +sympathy and sorrow throughout the country. It may well be doubted whether +all these calamitous events are wholly attributable to the necessary and +inevitable dangers of the sea. The merchants, mariners, and shipbuilders of +the United States are, it is true, unsurpassed in far-reaching enterprise, +skill, intelligence, and courage by any others in the world. But with the +increasing amount of our commercial tonnage in the aggregate and the larger +size and improved equipment of the ships now constructed a deficiency in +the supply of reliable seamen begins to be very seriously felt. The +inconvenience may perhaps be met in part by due regulation for the +introduction into our merchant ships of indented apprentices, which, while +it would afford useful and eligible occupation to numerous young men, would +have a tendency to raise the character of seamen as a class. And it is +deserving of serious reflection whether it may not be desirable to revise +the existing laws for the maintenance of discipline at sea, upon which the +security of life and property on the ocean must to so great an extent +depend. Although much attention has already been given by Congress to the +proper construction and arrangement of steam vessels and all passenger +ships, still it is believed that the resources of science and mechanical +skill in this direction have not been exhausted. No good reason exists for +the marked distinction which appears upon our statutes between the laws for +protecting life and property at sea and those for protecting them on land. +In most of the States severe penalties are provided to punish conductors of +trains, engineers, and others employed in the transportation of persons by +railway or by steamboats on rivers. Why should not the same principle be +applied to acts of insubordination, cowardice, or other misconduct on the +part of masters and mariners producing injury or death to passengers on the +high seas, beyond the jurisdiction of any of the States, and where such +delinquencies can be reached only by the power of Congress? The whole +subject is earnestly commended to your consideration. + +The report of the Postmaster-General, to which you are referred for many +interesting details in relation to this important and rapidly extending +branch of the public service, shows that the expenditure of the year ending +June 30, 1854, including $133,483 of balance due to foreign offices, +amounted to $8,710,907. The gross receipts during the same period amounted +to $6,955,586, exhibiting an expenditure over income of $1,755,321 and a +diminution of deficiency as compared with the last year of $361,756. The +increase of the revenue of the Department for the year ending June 30, +1854, over the preceding year was $970,399. No proportionate increase, +however, can be anticipated for the current year, in consequence of the act +of Congress of June 23, 1854, providing for increased compensation to all +postmasters. From these statements it is apparent that the Post-Office +Department, instead of defraying its expenses according to the design at +the time of its creation, is now, and under existing laws must continue to +be, to no small extent a charge upon the general Treasury. The cost of mail +transportation during the year ending June 30, 1854, exceeds the cost of +the preceding year by $495,074. I again call your attention to the subject +of mail transportation by ocean steamers, and commend the suggestions of +the Postmaster General to your early attention. + +During the last fiscal year 11,070,935 acres of the public lands have been +surveyed and 8,190,017 acres brought into market. The number of acres sold +is 7,035,735 and the amount received therefor $9,285,533. The aggregate +amount of lands sold, located under military scrip and land warrants, +selected as swamp lands by States, and by locating under grants for roads +is upward of 23,000,000 acres. The increase of lands sold over the previous +year is about 6,000,000 acres, and the sales during the first two quarters +of the current year present the extraordinary result of five and a half +millions sold, exceeding by nearly 4,000,000 acres the sales of the +corresponding quarters of the last year. + +The commendable policy of the Government in relation to setting apart +public domain for those who have served their country in time of war is +illustrated by the fact that since 1790 no less than 30,000,000 acres have +been applied to this object. + +The suggestions which I submitted in my annual message of last year in +reference to grants of land in aid of the construction of railways were +less full and explicit than the magnitude of the subject and subsequent +developments would seem to render proper and desirable. Of the soundness of +the principle then asserted with regard to the limitation of the power of +Congress I entertain no doubt, but in its application it is not enough that +the value of lands in a particular locality may be enhanced; that, in fact, +a larger amount of money may probably be received in a given time for +alternate sections than could have been realized for all the sections +without the impulse and influence of the proposed improvements. A prudent +proprietor looks beyond limited sections of his domain, beyond present +results to the ultimate effect which a particular line of policy is likely +to produce upon all his possessions and interests. The Government, which is +trustee in this matter for the people of the States, is bound to take the +same wise and comprehensive view. Prior to and during the last session of +Congress upward of 30,000,000 acres of land were withdrawn from public sale +with a view to applications for grants of this character pending before +Congress. A careful review of the whole subject led me to direct that all +such orders be abrogated and the lands restored to market, and instructions +were immediately given to that effect. The applications at the last session +contemplated the construction of more than 5,000 miles of road and grants +to the amount of nearly 20,000,000 acres of the public domain. Even +admitting the right on the part of Congress to be unquestionable, is it +quite clear that the proposed grants would be productive of good, and not +evil? The different projects are confined for the present to eleven States +of this Union and one Territory. The reasons assigned for the grants show +that it is proposed to put the works speedily in process of construction. +When we reflect that since the commencement of the construction of railways +in the United States, stimulated, as they have been, by the large dividends +realized from the earlier works over the great thoroughfares and between +the most important points of commerce and population, encouraged by State +legislation, and pressed forward by the amazing energy of private +enterprise, only 17,000 miles have been completed in all the States in a +quarter of a century; when we see the crippled condition of many works +commenced and prosecuted upon what were deemed to be sound principles and +safe calculations; when we contemplate the enormous absorption of capital +withdrawn from the ordinary channels of business, the extravagant rates of +interest at this moment paid to continue operations, the bankruptcies, not +merely in money but in character, and the inevitable effect upon finances +generally, can it be doubted that the tendency is to run to excess in this +matter? Is it wise to augment this excess by encouraging hopes of sudden +wealth expected to flow from magnificent schemes dependent upon the action +of Congress? Does the spirit which has produced such results need to be +stimulated or checked? Is it not the better rule to leave all these works +to private enterprise, regulated and, when expedient, aided by the +cooperation of States? If constructed by private capital the stimulant and +the check go together and furnish a salutary restraint against speculative +schemes and extravagance. But it is manifest that with the most effective +guards there is danger of going too fast and too far. We may well pause +before a proposition contemplating a simultaneous movement for the +construction of railroads which in extent will equal, exclusive of the +great Pacific road and all its branches, nearly one-third of the entire +length of such works now completed in the United States, and which can not +cost with equipments less than $150,000,000. The dangers likely to result +from combinations of interests of this character can hardly be +overestimated. But independently of these considerations, where is the +accurate knowledge, the comprehensive intelligence, which shall +discriminate between the relative claims of these twenty eight proposed +roads in eleven States and one Territory? Where will you begin and where +end? If to enable these companies to execute their proposed works it is +necessary that the aid of the General Government be primarily given, the +policy will present a problem so comprehensive in its bearings and so +important to our political and social well-being as to claim in +anticipation the severest analysis. Entertaining these views, I recur with +satisfaction to the experience and action of the last session of Congress +as furnishing assurance that the subject will not fail to elicit a careful +reexamination and rigid scrutiny. It was my intention to present on this +occasion some suggestions regarding internal improvements by the General +Government, which want of time at the close of the last session prevented +my submitting on the return to the House of Representatives with objections +of the bill entitled "An act making appropriations for the repair, +preservation, and completion of certain public works heretofore commenced +under the authority of law;" but the space in this communication already +occupied with other matter of immediate public exigency constrains me to +reserve that subject for a special message, which will be transmitted to +the two Houses of Congress at an early day. The judicial establishment of +the United States requires modification, and certain reforms in the manner +of conducting the legal business of the Government are also much needed; +but as I have addressed you upon both of these subjects at length before, I +have only to call your attention to the suggestions then made. + +My former recommendations in relation to suitable provision for various +objects of deep interest to the inhabitants of the District of Columbia are +renewed. Many of these objects partake largely of a national character, and +are important independently of their relation to the prosperity of the only +considerable organized community in the Union entirely unrepresented in +Congress. + +I have thus presented suggestions on such subjects as appear to me to be of +particular interest or importance, and therefore most worthy of +consideration during the short remaining period allotted to the labors of +the present Congress. + +Our forefathers of the thirteen united colonies, in acquiring their +independence and in rounding this Republic of the United States of America, +have devolved upon us, their descendants, the greatest and the most noble +trust ever committed to the hands of man, imposing upon all, and especially +such as the public will may have invested for the time being with political +functions, the most sacred obligations. We have to maintain inviolate the +great doctrine of the inherent right of popular self-government; to +reconcile the largest liberty of the individual citizen with complete +security of the public order; to render cheerful obedience to the laws of +the land, to unite in enforcing their execution, and to frown indignantly +on all combinations to resist them; to harmonize a sincere and ardent +devotion to the institutions of religions faith with the most universal +religious toleration; to preserve the rights of all by causing each to +respect those of the other; to carry forward every social improvement to +the uttermost limit of human perfectibility, by the free action of mind +upon mind, not by the obtrusive intervention of misapplied force; to uphold +the integrity and guard the limitations of our organic law; to preserve +sacred from all touch of usurpation, as the very palladium of our political +salvation, the reserved rights and powers of the several States and of the +people; to cherish with loyal fealty and devoted affection this Union, as +the only sure foundation on which the hopes of civil liberty rest; to +administer government with vigilant integrity and rigid economy; to +cultivate peace and friendship with foreign nations, and to demand and +exact equal justice from all, but to do wrong to none; to eschew +intermeddling with the national policy and the domestic repose of other +governments, and to repel it from our own; never to shrink from war when +the rights and the honor of the country call us to arms, but to cultivate +in preference the arts of peace, seek enlargement of the rights of +neutrality, and elevate and liberalize the intercourse of nations; and by +such just and honorable means, and such only, whilst exalting the condition +of the Republic, to assure to it the legitimate influence and the benign +authority of a great example amongst all the powers of Christendom. + +Under the solemnity of these convictions the blessing of Almighty God is +earnestly invoked to attend upon your deliberations and upon all the +counsels and acts of the Government, to the end that, with common zeal and +common efforts, we may, in humble submission to the divine will, cooperate +for the promotion of the supreme good of these United States. + +*** + +State of the Union Address +Franklin Pierce +December 31, 1855 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The Constitution of the United States provides that Congress shall assemble +annually on the first Monday of December, and it has been usual for the +President to make no communication of a public character to the Senate and +House of Representatives until advised of their readiness to receive it. I +have deferred to this usage until the close of the first month of the +session, but my convictions of duty will not permit me longer to postpone +the discharge of the obligation enjoined by the Constitution upon the +President "to give to the Congress information of the state of the Union +and recommend to their consideration such measures as he shall judge +necessary and expedient." It is matter of congratulation that the Republic +is tranquilly advancing in a career of prosperity and peace. + +Whilst relations of amity continue to exist between the United States and +all foreign powers, with some of them grave questions are depending which +may require the consideration of Congress. + +Of such questions, the most important is that which has arisen out of the +negotiations with Great Britain in reference to Central America. By the +convention concluded between the two Governments on the 19th of April, +1850, both parties covenanted that "neither will ever" "occupy, or fortify, +or colonize, or assume or exercise any dominion over Nicaragua. Costa Rica, +the Mosquito Coast, or any part of Central America." + +It was the undoubted understanding of the United States in making this +treaty that all the present States of the former Republic of Central +America and the entire territory of each would thenceforth enjoy complete +independence, and that both contracting parties engaged equally and to the +same extent, for the present and, for the future, that if either then had +any claim of right in Central America such claim and all occupation or +authority under it were unreservedly relinquished by the stipulations of +the convention, and that no dominion was thereafter to be exercised or +assumed in any part of Central America by Great Britain or the United +States. + +This Government consented to restrictions in regard to a region of country +wherein we had specific and peculiar interests only upon the conviction +that the like restrictions were in the same sense obligatory on Great +Britain. But for this understanding of the force and effect of the +convention it would never have been concluded by us. + +So clear was this understanding on the part of the United States that in +correspondence contemporaneous with the ratification of the convention it +was distinctly expressed that the mutual covenants of nonoccupation were +not intended to apply to the British establishment at the Balize. This +qualification is to be ascribed to the fact that, in virtue of successive +treaties with previous sovereigns of the country, Great Britain had +obtained a concession of the right to cut mahogany or dyewoods at the +Balize, but with positive exclusion of all domain or sovereignty; and thus +it confirms the natural construction and understood import of the treaty as +to all the rest of the region to which the stipulations applied. + +It, however, became apparent at an early day after entering upon the +discharge of my present functions that Great Britain still continued in the +exercise or assertion of large authority in all that part of Central +America commonly called the Mosquito Coast, and covering the entire length +of the State of Nicaragua and a part of Costa Rica; that she regarded the +Balize as her absolute domain and was gradually extending its limits at the +expense of the State of Honduras, and, that she had formally colonized a +considerable insular group known as the Bay Islands, and belonging of right +to that State. + +All these acts or pretensions of Great Britain, being contrary to the +rights of the States of Central America and to the manifest tenor of her +stipulations with the United States as understood by this Government, have +been made the subject of negotiation through the American minister in +London. I transmit herewith the instructions to him on the subject and the +correspondence between him and the British secretary for foreign affairs, +by which you will perceive that the two Governments differ widely and +irreconcilably as to the construction of the convention and its effect on +their respective relations to Central America. + +Great Britain so construes the convention as to maintain unchanged all her +previous pretensions over the Mosquito Coast and in different parts of +Central America. These pretensions as to the Mosquito Coast are founded on +the assumption of political relation between Great Britain and the remnant +of a tribe of Indians on that coast, entered into at a time when the whole +country was a colonial possession of Spain. It can not be successfully +controverted that by the public law of Europe and America no possible act +of such Indians or their predecessors could confer on Great Britain any +political rights. + +Great Britain does not allege the assent of Spain as the origin of her +claims on the Mosquito Coast. She has, on the contrary, by repeated and +successive treaties renounced and relinquished all pretensions of her own +and recognized the full and sovereign rights of Spain in the most +unequivocal terms. Yet these pretensions, so without solid foundation in +the beginning and thus repeatedly abjured, were at a recent period revived +by Great Britain against the Central American States, the legitimate +successors to all the ancient jurisdiction of Spain in that region. They +were first applied only to a defined part of the coast of Nicaragua, +afterwards to the whole of its Atlantic coast, and lastly to a part of the +coast of Costa Rica, and they are now reasserted to this extent +notwithstanding engagements to the United States. + +On the eastern coast of Nicaragua and Costa Rica the interference of Great +Britain, though exerted at one time in the form of military occupation of +the port of San Juan del Norte, then in the peaceful possession of the +appropriate authorities of the Central American States, is now presented by +her as the rightful exercise of a protectorship over the Mosqttito tribe of +Indians. + +But the establishment at the Balize, now reaching far beyond its treaty +limits into the State of Honduras, and that of the Bay Islands, +appertaining of right to the same State, are as distinctly colonial +governments as those of Jamaica or Canada, and therefore contrary to the +very letter, as well as the spirit, of the convention with the United +States as it was at the time of ratification and now is understood by this +Government. + +The interpretation which the British Government thus, in assertion and act, +persists in ascribing to the convention entirely changes its character. +While it holds us to all our obligations, it in a great measure releases +Great Britain from those which constituted the consideration of this +Government for entering into the convention. It is impossible, in my +judgment, for the United States to acquiesce in such a construction of the +respective relations of the two Governments to Central America. + +To a renewed call by this Government upon Great Britain to abide by and +Carry into effect the stipulations of the convention according to its +obvious import by withdrawing from the possession or colonization of +portions of the Central American States of Honduras, Nicaragua, and Costa +Rica, the British Government has at length replied, affirming that the +operation of the treaty is prospective only and did not require Great +Britain to abandon or contract any possessions held by her in Central +America at the date of its conclusion. + +This reply substitutes a partial issue in the place of the general one +presented by the United States. The British Government passes over the +question of the rights of Great Britain, real or supposed, in Central +America, and assumes that she had such rights at the date of the treaty and +that those rights comprehended the protectorship of the Mosquito Indians, +the extended jurisdiction and limits of the Balize, and the colony of the +Bay Islands, and thereupon proceeds by implication to infer that if the +stipulations of the treaty be merely future in effect Great Britain may +still continue to hold the contested portions of Central America. The +United States can not admit either the inference or the premises. We +steadily deny that at the date of the treaty Great Britain had any +possessions there other than the limited and peculiar establishment at the +Balize, and maintain that if she had any they were surrendered by the +convention. + +This Government, recognizing the obligations of the treaty, has, of course, +desired to see it executed in good faith by both parties, and in the +discussion, therefore, has not looked to rights which we might assert +independently of the treaty in consideration of our geographical position +and of other circumstances which create for us relations to the Central +American States different from those of any government of Europe. The +British Government, in its last communication, although well knowing the +views of the United States, still declares that it sees no reason why a +conciliatory spirit may not enable the two Governments to overcome all +obstacles to a satisfactory adjustment of the subject. + +Assured of the correctness of the construction of the treaty constantly +adhered to by this Government and resolved to insist on the rights of the +United States, yet actuated also by the same desire which is avowed by the +British Government, to remove all causes of serious misunderstanding +between two nations associated by so many ties of interest and kindred, it +has appeared to me proper not to consider an amicable solution of the +controversy hopeless. + +There is, however, reason to apprehend that with Great Britain in the +actual occupation of the disputed territories, and the treaty therefore +practically null so far as regards our rights, this international +difficulty can not long remain undetermined without involving in serious +danger the friendly relations which it is the interest as well as the duty +of both countries to cherish and preserve. It will afford me sincere +gratification if future efforts shall result in the success anticipated +heretofore with more confidence than the aspect of the case permits me now +to entertain. + +One other subject of discussion between the United States and Great Britain +has grown out of the attempt, which the exigencies of the war in which she +is engaged with Russia induced her to make, to draw recruits from the +United States. + +It is the traditional and settled policy of the United States to maintain +impartial neutrality during the wars which from time to time occur among +the great powers of the world. Performing all the duties of neutrality +toward the respective belligerent states, we may reasonably expect them not +to interfere with our lawful enjoyment of its benefits. Notwithstanding the +existence of such hostilities, our citizens retained the individual right +to continue all their accustomed pursuits, by land or by sea, at home or +abroad, subject only to such restrictions in this relation as the laws of +war, the usage of nations, or special treaties may impose; and it is our +sovereign right that our territory and jurisdiction shall not be invaded by +either of the belligerent parties for the transit of their armies, the +operations of their fleets, the levy of troops for their service, the +fitting out of cruisers by or against either, or any other act or incident +of war. And these undeniable rights of neutrality, individual and national, +the United States will under no circumstances surrender. + +In pursuance of this policy, the laws of the United States do not forbid +their citizens to sell to either of the belligerent powers articles +contraband of war or take munitions of war or soldiers on board their +private ships for transportation; and although in so doing the individual +citizen exposes his property or person to some of the hazards of war, his +acts do not involve any breach of national neutrality nor of themselves +implicate the Government. Thus, during the progress of the present war in +Europe, our citizens have, without national responsibility therefor, sold +gunpowder and arms to all buyers, regardless of the destination of those +articles. Our merchantmen have been, and still continue to be, largely +employed by Great Britain and by France in transporting troops, provisions, +and munitions of war to the principal seat of military operations and in +bringing home their sick and wounded soldiers; but such use of our +mercantile marine is not interdicted either by the international or by our +municipal law, and therefore does not compromise our neutral relations with +Russia. But our municipal law, in accordance with the law of nations, +peremptorily forbids not only foreigners, but our own citizens, to fit out +within the United States a vessel to commit hostilities against any state +with which the United States are at peace, or to increase the force of any +foreign armed vessel intended for such hostilities against a friendly +state. + +Whatever concern may have been felt by either of the belligerent powers +lest private armed cruisers or other vessels in the service of one might be +fitted out in the ports of this country to depredate on the property of the +other, all such fears have proved to be utterly groundless. Our citizens +have been withheld from any such act or purpose by good faith and by +respect for the law. + +While the laws of the Union are thus peremptory in their prohibition of the +equipment or armament of belligerent cruisers in our ports, they provide +not less absolutely that no person shall, within the territory or +jurisdiction of the United States, enlist or enter himself, or hire or +retain another person to enlist or enter himself, or to go beyond the +limits or jurisdiction of the United States with intent to be enlisted or +entered, in the service of any foreign state, either as a soldier or as a +marine or seaman on board of any vessel of war, letter of marque, or +privateer. And these enactments are also in strict conformity with the law +of nations, which declares that no state has the right to raise troops for +land or sea service in another state without its consent, and that, whether +forbidden by the municipal law or not, the very attempt to do it without +such consent is an attack on the national sovereignty. + +Such being the public rights and the municipal law of the United States, no +solicitude on the subject was entertained by this Government when, a year +since, the British Parliament passed an act to provide for the enlistment +of foreigners in the military service of Great Britain. Nothing on the face +of the act or in its public history indicated that the British Government +proposed to attempt recruitment in the United States, nor did it ever give +intimation of such intention to this Government. It was matter of surprise, +therefore, to find subsequently that the engagement of persons within the +United States to proceed to Halifax, in the British Province of Nova +Scotia, and there enlist in the service of Great Britain, was going on +extensively, with little or no disguise. Ordinary legal steps were +immediately taken to arrest and punish parties concerned, and so put an end +to acts infringing the municipal law and derogatory to our sovereignty. +Meanwhile suitable representations on the subject were addressed to the +British Government. + +Thereupon it became known, by the admission of the British Government +itself, that the attempt to draw recruits from this country originated with +it, or at least had its approval and sanction; but it also appeared that +the public agents engaged in it bad "stringent instructions" not to violate +the municipal law of the United States. + +It is difficult to understand how it should have been supposed that troops +could be raised here by Great Britain without violation of the municipal +law. The unmistakable object of the law was to prevent every such act which +if performed must be either in violation of the law or in studied evasion +of it, and in either alternative the act done would be alike injurious to +the sovereignty of the United States. In the meantime the matter acquired +additional importance by the recruitments in the United States not being +discontinued, and the disclosure of the fact that they were prosecuted upon +a systematic plan devised by official authority; that recruiting rendezvous +had been opened in our principal cities and depots for the reception of +recruits established on our frontier, and the whole business conducted +under the supervision and by the regular cooperation of British officers, +civil and military, some in the North American Provinces and some in the +United States. The complicity of those officers in an undertaking which +could only be accomplished by defying our laws, throwing suspicion over our +attitude of neutrality, and disregarding our territorial rights is +conclusively proved by the evidence elicited on the trial of such of their +agents as have been apprehended and convicted. Some of the officers thus +implicated are of high official position, and many of them beyond our +jurisdiction, so that legal proceedings could not reach the source of the +mischief. + +These considerations, and the fact that the cause of complaint was not a +mere casual occurrence, trot a deliberate design, entered upon with full +knowledge of our laws and national policy and conducted by responsible +public functionaries, impelled me to present the case to the British +Government, in order to secure not only a cessation of the, wrong, but its +reparation. The subject is still under discussion, the result of which will +be communicated to you in due time. + +I repeat the recommendation submitted to the last Congress, that provision +be made for the appointment of a commissioner, in connection with Great +Britain, to survey and establish the boundary line which divides the +Territory of Washington from the contiguous British possessions. By reason +of the extent and importance of the country in dispute, there has been +imminent danger of collision between the subjects of Great Britain and the +citizens of the United States, including their respective authorities, in +that quarter. The prospect of a speedy arrangement has contributed hitherto +to induce on both sides forbearance to assert by force what each claims as +a right. Continuance of delay on the part of the two Governments to act in +the matter will increase the dangers and difficulties of the controversy. + +Misunderstanding exists as to the extent, character, and value of the +possessory rights of the Hudsons Bay Company and the property of the Pugets +Sound Agricultural Company reserved in our treaty with Great Britain +relative to the Territory of Oregon. I have reason to believe that a +cession of the rights of both companies to the United States, which would +be the readiest means of terminating all questions, can be obtained on +reasonable terms, and with a view to this end I present the subject to the +attention of Congress. + +The colony of Newfoundland, having enacted the laws required by the treaty +of the 5th of June, 1854, is now placed on the same footing in respect to +commercial intercourse with the United States as the other British North +American Provinces. + +The commission which that treaty contemplated, for determining the rights +of fishery in rivers and mouths of rivers on the coasts of the United +States and the British North American Provinces, has been organized, and +has commenced its labors, to complete which there are needed further +appropriations for the service of another season. + +In pursuance of the authority conferred by a resolution of the Senate of +the United States passed on the 3d of March last, notice was given to +Denmark on the 14th day of April of the intention of this Government to +avail itself of the stipulation of the subsisting convention of friendship, +commerce, and navigation between that Kingdom and the United States whereby +either party might after ten years terminate the same at the expiration of +one year from the date of notice for that purpose. + +The considerations which led me to call the attention of Congress to that +convention and induced the Senate to adopt the resolution referred to still +continue in full force. The convention contains an article which, although +it does not directly engage the United States to submit to the imposition +of tolls on the vessels and cargoes of Americans passing into or from the +Baltic Sea during the continuance of the treaty, yet may by possibility be +construed as implying such submission. The exaction of those tolls not +being justified by any principle of international law, it became the right +and duty of the United States to relieve themselves from the implication of +engagement on the subject, so as to be perfectly free to act in the +premises in such way as their public interests and honor shall demand. + +I remain of the opinion that the United States ought not to submit to the +payment of the Sound dues, not so much because of their amount, which is a +secondary matter, but because it is in effect the recognition of the right +of Denmark to treat one of the great maritime highways of nations as a +close sea, and prevent the navigation of it as a privilege, for which +tribute may be imposed upon those who have occasion to use it. + +This Government on a former occasion, not unlike the present, signalized +its determination to maintain the freedom of the seas and of the great +natural channels of navigation. The Barbary States had for a long time +coerced the payment of tribute from all nations whose ships frequented the +Mediterranean. To the last demand of such payment made by them the United +States, although suffering less by their depredations than many other +nations, returned the explicit answer that we preferred war to tribute, and +thus opened the way to the relief of the commerce of the world from an +ignominious tax, so long submitted to by the more powerful nations of +Europe. + +If the manner of payment of the Sound dues differ from that of the tribute +formerly conceded to the Barbary States, still their exaction by Denmark +has no better foundation in right. Each was in its origin nothing but a tax +on a common natural right, extorted by those who were at that time able to +obstruct the free and secure enjoyment of it, but who no longer possess +that power. + +Denmark, while resisting our assertion of the freedom of the Baltic Sound +and Belts, has indicated a readiness to make some new arrangement on the +subject, and has invited the governments interested, including the United +States, to be represented in a convention to assemble for the purpose of +receiving and considering a proposition which she intends to submit for the +capitalization of the Sound dues and the distribution of the sum to be paid +as commutation among the governments according to the respective +proportions of their maritime commerce to and from the Baltic. I have +declined, in behalf of the United States, to accept this invitation, for +the most cogent reasons. One is that Denmark does not offer to submit to +the convention the question of her right to levy the Sound dues. The second +is that if the convention were allowed to take cognizance of that +particular question, still it would not be competent to deal with the great +international principle involved, which affects the right in other cases of +navigation and commercial freedom, as well as that of access to the Baltic. +Above all, by the express terms of the proposition it is contemplated that +the consideration of the Sound dues shall be commingled with and made +subordinate to a matter wholly extraneous--the balance of power among the +Governments of Europe. + +While, however, rejecting this proposition and insisting on the right of +free transit into and from the Baltic, I have expressed to Denmark a +willingness on the part of the United States to share liberally with other +powers in compensating her for any advantages which commerce shall +hereafter derive from expenditures made by her for the improvement and +safety of the navigation of the Sound or Belts. + +I lay before you herewith sundry documents on the subject, in which my +views are more fully disclosed. Should no satisfactory arrangement be soon +concluded, I shall again call your attention to the subject, with +recommendation of such measures as may appear to be required in order to +assert and secure the rights of the United States, so far as they are +affected by the pretensions of Denmark. + +I announce with much gratification that since the adjournment of the last +Congress the question then existing between this Government and that of +France respecting the French consul at San Francisco has been +satisfactorily determined, and that the relations of the two Governments +continue to be of the most friendly nature. + +A question, also, which has been pending for several years between the +United States and the Kingdom of Greece, growing out of the sequestration +by public authorities of that country of property belonging to the present +American consul at Athens, and which had been the subject of very earnest +discussion heretofore, has recently been settled to the satisfaction of the +party interested and of both Governments. + +With Spain peaceful relations are still maintained, and some progress has +been made in securing the redress of wrongs complained of by this +Government. Spain has not only disavowed and disapproved the conduct of the +officers who illegally seized and detained the steamer Black Warrior at +Havana, but has also paid the sum claimed as indemnity for the loss thereby +inflicted on citizens of the United States. + +In consequence of a destructive hurricane which visited Cuba in 1844, the +supreme authority of that island issued a decree permitting the importation +for the period of six months of certain building materials and provisions +free of duty, but revoked it when about half the period only had elapsed, +to the injury of citizens of the United States who had proceeded to act on +the faith of that decree. The Spanish Government refused indemnification to +the parties aggrieved until recently, when it was assented to, payment +being promised to be made so soon as the amount due can be ascertained. + +Satisfaction claimed for the arrest and search of the steamer El Dorado has +not yet been accorded, but there is reason to believe that it will be; and +that case, with others, continues to be urged on the attention of the +Spanish Government. I do not abandon the hope of concluding with Spain some +general arrangement which, if it do not wholly prevent the recurrence of +difficulties in Cuba, will render them less frequent, and, whenever they +shall occur, facilitate their more speedy settlement. + +The interposition of this Government has been invoked by many of its +citizens on account of injuries done to their persons and property for +which the Mexican Republic is responsible. The unhappy situation of that +country for some time past has not allowed its Government to give due +consideration to claims of private reparation, and has appeared to call for +and justify some forbearance in such matters on the part of this +Government. But if the revolutionary movements which have lately occurred +in that Republic end in the organization of a stable government, urgent +appeals to its justice will then be made, and, it may be hoped, with +success, for the redress of all complaints of our citizens. + +In regard to the American Republics, which from their proximity and other +considerations have peculiar relations to this Government, while it has +been my constant aim strictly to observe all the obligations of political +friendship and of good neighborhood, obstacles to this have arisen in some +of them from their own insufficient power to cheek lawless irruptions, +which in effect throws most of the task on the United States. Thus it is +that the distracted internal condition of the State of Nicaragua has made +it incumbent on me to appeal to the good faith of our citizens to abstain +from unlawful intervention in its affairs and to adopt preventive measures +to the same end, which on a similar occasion had the best results in +reassuring the peace of the Mexican States of Sonora and Lower California. + +Since the last session of Congress a treaty of amity, commerce, and +navigation and for the surrender of fugitive criminals with the Kingdom of +the Two Sicilies; a treaty of friendship, commerce, and navigation with +Nicaragua, and a convention of commercial reciprocity with the Hawaiian +Kingdom have been negotiated. The latter Kingdom and the State of Nicaragua +have also acceded to a declaration recognizing as international rights the +principles contained in the convention between the United States and Russia +of July 22, 1854. These treaties and conventions will be laid before the +Senate for ratification. + +The statements made in my last annual message respecting the anticipated +receipts and expenditures of the Treasury have been substantially +verified. + +It appears from the report of the Secretary of the Treasury that the +receipts during the last fiscal year, ending June 30, 1855, from all +sources were $65,003,930, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$56,365,393. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $9,844,528. + +The balance in the Treasury at the beginning of the present fiscal year, +July 1, 1855., was $18,931,976; the receipts for the first quarter and the +estimated receipts for the remaining three quarters amount together to +$67,918,734; thus affording in all, as the available resources of the +current fiscal year, the sum of $86,856,710. + +If to the actual expenditures of the first quarter of the current fiscal +year be added the probable expenditures for the remaining three quarters, +as estimated by the Secretary of the Treasury, the sum total will be +$71,226,846, thereby leaving an estimated balance in the Treasury on July +1, 1856, of $15,623,863.41. + +In the above-estimated expenditures of the present fiscal year are included +$3,000,000 to meet the last installment of the ten millions provided for in +the late treaty with Mexico and $7,750,000 appropriated on account of the +debt due to Texas, which two sums make an aggregate amount of $10,750,000 +and reduce the expenditures, actual or estimated, for ordinary objects of +the year to the sum of $60,476,000. + +The amount of the public debt at the commencement of the present fiscal +year was $40,583,631, and, deduction being made of subsequent payments, the +whole public debt of the Federal Government remaining at this time is less +than $40,000,000. The remnant of certain other Government stocks, amounting +to $243,000, referred to in my last message as outstanding, has since been +paid. + +I am fully persuaded that it would be difficult to devise a system superior +to that by which the fiscal business of the Government is now conducted. +Notwithstanding the great number of public agents of collection and +disbursement, it is believed that the checks and guards provided, including +the requirement of monthly returns, render it scarcely possible for any +considerable fraud on the part of those agents or neglect involving hazard +of serious public loss to escape detection. I renew, however, the +recommendation heretofore made by me of the enactment of a law declaring it +felony on the part of public officers to insert false entries in their +books of record or account or to make false returns, and also requiring +them on the termination of their service to deliver to their successors all +books, records, and other objects of a public nature in their custody. + +Derived, as our public revenue is, in chief part from duties on imports, +its magnitude affords gratifying evidence of the prosperity, not only of +our commerce, but of the other great interests upon which that depends. + +The principle that all moneys not required for the current expenses of the +Government should remain for active employment in the hands of the people +and the conspicuous fact that the annual revenue from all sources exceeds +by many millions of dollars the amount needed for a prudent and economical +administration of public affairs can not fail to suggest the propriety of +an early revision and reduction of the tariff of duties on imports. It is +now so generally conceded that the purpose of revenue alone can justify the +imposition of duties on imports that in readjusting the impost tables and +schedules, which unquestionably require essential modifications, a +departure from the principles of the present tariff is not anticipated. + +The Army during the past year has been actively engaged in defending the +Indian frontier, the state of the service permitting but few and small +garrisons in our permanent fortifications. The additional regiments +authorized at the last session of Congress have been recruited and +organized, and a large portion of the troops have already been sent to the +field. All the duties which devolve on the military establishment have been +satisfactorily performed, and the dangers and privations incident to the +character of the service required of our troops have furnished additional +evidence of their courage, zeal, and capacity to meet any requisition which +their country may make upon them. For the details of the military +operations, the distribution of the troops, and additional provisions +required for the military service, I refer to the report of the Secretary +of War and the accompanying documents. + +Experience gathered from events which have transpired since my last annual +message has but served to confirm the opinion then expressed of the +propriety of making provision by a retired list for disabled officers and +for increased compensation to the officers retained on the list for active +duty. All the reasons which existed when these measures were recommended on +former occasions continue without modification, except so far as +circumstances have given to some of them additional force. + +The recommendations heretofore made for a partial reorganization of the +Army are also renewed. The thorough elementary education given to those +officers who commenced their service with the grade of cadet qualifies them +to a considerable extent to perform the duties of every arm of the service; +but to give the highest efficiency to artillery requires the practice and +special study of many years, and it is not, therefore, believed to be +advisable to maintain in time of peace a larger force of that arm than can +be usually employed in the duties appertaining to the service of field and +siege artillery. The duties of the staff in all its various branches belong +to the movements of troops, and the efficiency of an army in the field +would materially depend upon the ability with which those duties are +discharged. It is not, as in the case of the artillery, a specialty, but +requires also an intimate knowledge of the duties of an officer of the +line, and it is not doubted that to complete the education of an officer +for either the line or the general staff it is desirable that he shall have +served in both. With this view, it was recommended on a former occasion +that the duties of the staff should be mainly performed by details from the +line, and, with conviction of the advantages which would result from such a +change, it is again presented for the consideration of Congress. + +The report of the Secretary of the Navy, herewith submitted, exhibits in +full the naval operations of the past year, together with the present +condition of the service, and it makes suggestions of further legislation, +to which your attention is invited. + +The construction of the six steam frigates for which appropriations were +made by the last Congress has proceeded in the most satisfactory manner and +with such expedition as to warrant the belief that they will be ready for +service early in the coming spring. Important as this addition to our naval +force is, it still remains inadequate to the contingent exigencies of the +protection of the extensive seacoast and vast commercial interests of the +United States. In view of this fact and of the acknowledged wisdom of the +policy of a gradual and systematic increase of the Navy an appropriation is +recommended for the construction of six steam sloops of war. + +In regard to the steps taken in execution of the act of Congress to promote +the efficiency of the Navy, it is unnecessary for me to say more than to +express entire concurrence in the observations on that subject presented by +the Secretary in his report. + +It will be perceived by the report of the postmaster-General that the gross +expenditure of the Department for the last fiiscal year was $9,968,342 and +the gross receipts $7,342,136, making an excess of expenditure over +receipts of $2,626,206; and that the cost of mail transportation during +that year was $674,952 greater than the previous year. Much of the heavy +expenditures to which the Treasury is thus subjected is to be ascribed to +the large quantity of printed matter conveyed by the mails, either franked +or liable to no postage by law or to very low rates of postage compared +with that charged on letters, and to the great cost of mail service on +railroads and by ocean steamers. The suggestions of the Postmaster-General +on the subject deserve the consideration of Congress. + +The report of the Secretary of the Interior will engage your attention as +well for useful suggestions it contains as for the interest and importance +of the subjects to which they refer. + +The aggregate amount of public land sold during the last fiscal year, +located with military scrip or land warrants, taken up under grants for +roads, and selected as swamp lands by States is 24,557,409 acres, of which +the portion sold was 15,729,524 acres, yielding in receipts the sum of +$11,485,380. In the same period of time 8,723,854 acres have been surveyed, +but, in consideration of the quantity already subject to entry, no +additional tracts have been brought into market. + +The peculiar relation of the General Government to the District of Columbia +renders it proper to commend to your care not only its material but also +its moral interests, including education, more especially in those parts of +the District outside of the cities of Washington and Georgetown. + +The commissioners appointed to revise and codify the laws of the District +have made such progress in the performance of their task as to insure its +completion in the time prescribed by the act of Congress. + +Information has recently been received that the peace of the settlements in +the Territories of Oregon and Washington is disturbed by hostilities on the +part of the Indians, with indications of extensive combinations of a +hostile character among the tribes in that quarter, the more serious in +their possible effect by reason of the undetermined foreign interests +existing in those Territories, to which your attention has already been +especially invited. Efficient measures have been taken, which, it is +believed, will restore quiet and afford protection to our citizens. + +In the Territory of Kansas there have been acts prejudicial to good order, +but as yet none have occurred under circumstances to justify the +interposition of the Federal Executive. That could only be in case of +obstruction to Federal law or of organized resistance to Territorial law, +assuming the character of insurrection, which, if it should occur, it would +be my duty promptly to overcome and suppress. I cherish the hope, however, +that the occurrence of any such untoward event will be prevented by the +sound sense of the people of the Territory, who by its organic law, +possessing the right to determine their own domestic institutions, are +entitled while deporting themselves peacefully to the free exercise of that +right, and must be protected in the enjoyment of it without interference on +the part of the citizens of any of the States. The southern boundary line +of this Territory has never been surveyed and established. The rapidly +extending settlements in that region and the fact that the main route +between Independence, in the State of Missouri, and New Mexico is +contiguous in this line suggest the probability that embarrassing questions +of jurisdiction may consequently arise. For these and other considerations +I commend the subject to your early attention. + +I have thus passed in review the general state of the Union, including such +particular concerns of the Federal Government, whether of domestic or +foreign relation, as it appeared to me desirable and useful to bring to the +special notice of Congress. Unlike the great States of Europe and Asia and +many of those of America, these United States are wasting their strength +neither in foreign war nor domestic strife. Whatever of discontent or +public dissatisfaction exists is attributable to the imperfections of human +nature or is incident to all governments, however perfect, which human +wisdom can devise. Such subjects of political agitation as occupy the +public mind consist to a great extent of exaggeration of inevitable evils, +or over zeal in social improvement, or mere imagination of grievance, +having but remote connection with any of the constitutional functions or +duties of the Federal Government. To whatever extent these questions +exhibit a tendency menacing to the stability of the Constitution or the +integrity of the Union, and no further, they demand the consideration of +the Executive and require to be presented by him to Congress. + +Before the thirteen colonies became a confederation of independent States +they were associated only by community of transatlantic origin, by +geographical position, and by the mutual tie of common dependence on Great +Britain. When that tie was sundered they severally assumed the powers and +rights of absolute self-government. The municipal and social institutions +of each, its laws of property and of personal relation, even its political +organization, were such only as each one chose to establish, wholly without +interference from any other. In the language of the Declaration of +Independence, each State had "full power to levy war, conclude peace, +contract alliances, establish commerce, and to do all other acts and things +which independent states may of right do." The several colonies differed in +climate, in soil, in natural productions, in religion, in systems of +education, in legislation, and in the forms of political administration, +and they continued to differ in these respects when they voluntarily allied +themselves as States to carry on the War of the Revolution. The object of +that war was to disenthrall the united colonies from foreign rule, which +had proved to be oppressive, and to separate them permanently from the +mother country. The political result was the foundation of a Federal +Republic of the free white men of the colonies, constituted, as they were, +in distinct and reciprocally independent State governments. As for the +subject races, whether Indian or African, the wise and brave statesmen of +that day, being engaged in no extravagant scheme of social change, left +them as they were, and thus preserved themselves and their posterity from +the anarchy and the ever-recurring civil wars which have prevailed in other +revolutionized European colonies of America. + +When the confederated States found it convenient to modify the conditions +of their association by giving to the General Government direct access in +some respects to the people of the States, instead of confining it to +action on the States as such, they proceeded to frame the existing +Constitution, adhering steadily to one guiding thought, which was to +delegate only such power as was necessary and proper to the execution of +specific purposes, or, in other words, to retain as much as possible +consistently with those purposes of the independent powers of the +individual States. For objects of common defense and security, they +intrusted to the General Government certain carefully defined functions, +leaving all others as the undelegated rights of the separate independent +sovereignties. + +Such is the constitutional theory of our Government, the practical +observance of which has carried us, and us alone among modern republics, +through nearly three generations of time without the cost of one drop of +blood shed in civil war. With freedom and concert of action, it has enabled +us to contend successfully on the battlefield against foreign foes, has +elevated the feeble colonies into powerful States, and has raised our +industrial productions and our commerce which transports them to the level +of the richest and the greatest nations of Europe. And the admirable +adaptation of our political institutions to their objects, combining local +self-government with aggregate strength, has established the practicability +of a government like ours to cover a continent with confederate states. + +The Congress of the United States is in effect that congress of +sovereignties which good men in the Old World have sought for, but could +never attain, and which imparts to America an exemption from the mutable +leagues for common action, from the wars, the mutual invasions, and vague +aspirations after the balance of power which convulse from time to time the +Governments of Europe. Our cooperative action rests in the conditions of +permanent confederation prescribed by the Constitution. Our balance of +power is in the separate reserved rights of the States and their equal +representation in the Senate. That independent sovereignty in every one of +the States, with its reserved rights of local self-government assured to +each by their coequal power in the Senate, was the fundamental condition of +the Constitution. Without it the Union would never have existed. However +desirous the larger States might be to reorganize the Government so as to +give to their population its proportionate weight in the common counsels, +they knew it was impossible unless they conceded to the smaller ones +authority to exercise at least a negative influence on all the measures of +the Government, whether legislative or executive, through their equal +representation in the Senate. Indeed, the larger States themselves could +not have failed to perceive that the same power was equally necessary to +them for the security of their own domestic interests against the aggregate +force of the General Government. In a word, the original States went into +this permanent league on the agreed premises of exerting their common +strength for the defense of the whole and of all its parts, but of utterly +excluding all capability of reciprocal aggression. Each solemnly bound +itself to all the others neither to undertake nor permit any encroachment +upon or intermeddling with another's reserved rights. + +Where it was deemed expedient particular rights of the States were +expressly guaranteed by the Constitution, but in all things besides these +rights were guarded by the limitation of the powers granted and by express +reservation of all powers not granted in the compact of union. Thus the +great power of taxation was limited to purposes of common defense and +general welfare, excluding objects appertaining to the local legislation of +the several States; and those purposes of general welfare and common +defense were afterwards defined by specific enumeration as being matters +only of co-relation between the States themselves or between them and +foreign governments, which, because of their common and general nature, +could not be left to the separate control of each State. + +Of the circumstances of local condition, interest, and rights in which a +portion of the States, constituting one great section of the Union, +differed from the rest and from another section, the most important was the +peculiarity of a larger relative colored population in the Southern than in +the Northern States. + +A population of this class, held in subjection, existed in nearly all the +States, but was more numerous and of more serious concernment in the South +than in the North on account of natural differences of climate and +production; and it was foreseen that, for the same reasons, while this +population would diminish and sooner or later cease to exist in some +States, it might increase in others. The peculiar character and magnitude +of this question of local rights, not in material relations only, but still +more in social ones, caused it to enter into the special stipulations of +the Constitution. + +Hence, while the General Government, as well by the enumerated powers +granted to it as by those not enumerated, and therefore refused to it, was +forbidden to touch this matter in the sense of attack or offense, it was +placed under the general safeguard of the Union in the sense of defense +against either invasion or domestic violence, like all other local +interests of the several States. Each State expressly stipulated, as well +for itself as for each and all of its citizens, and every citizen of each +State became solemnly bound by his allegiance to the Constitution that any +person held to service or labor in one State, escaping into another, should +not, in consequence of any law or regulation thereof, be discharged from +such service or labor, but should be delivered up on claim of the party to +whom such service or labor might be due by the laws of his State. + +Thus and thus only, by the reciprocal guaranty of all the rights of every +State against interference on the part of another, was the present form of +government established by our fathers and transmitted to us, and by no +other means is it possible for it to exist. If one State ceases to respect +the rights of another and obtrusively intermeddles with its local +interests; if a portion of the States assume to impose their institutions +on the others or refuse to fulfill their obligations to them, we are no +longer united, friendly States, but distracted, hostile ones, with little +capacity left of common advantage, but abundant means of reciprocal injury +and mischief. Practically it is immaterial whether aggressive interference +between the States or deliberate refusal on the part of any one of them to +comply with constitutional obligations arise from erroneous conviction or +blind prejudice, whether it be perpetrated by direction or indirection. In +either case it is full of threat and of danger to the durability of the +Union. + +Placed in the office of Chief Magistrate as the executive agent of the +whole country, bound to take care that the laws be faithfully executed, and +specially enjoined by the Constitution to give information to Congress on +the state of the Union, it would be palpable neglect of duty on my part to +pass over a subject like this, which beyond all things at the present time +vitally concerns individual and public security. + +It has been matter of painful regret to see States conspicuous for their +services in rounding this Republic and equally sharing its advantages +disregard their constitutional obligations to it. Although conscious of +their inability to heal admitted and palpable social evils of their own, +and which are completely within their jurisdiction, they engage in the +offensive and hopeless undertaking of reforming the domestic institutions +of other States, wholly beyond their control and authority. In the vain +pursuit of ends by them entirely unattainable, and which they may not +legally attempt to compass, they peril the very existence of the +Constitution and all the countless benefits which it has conferred. While +the people of the Southern States confine their attention to their own +affairs, not presuming officiously to intermeddle with the social +institutions of the Northern States, too many of the inhabitants of the +latter are permanently organized in associations to inflict injury on the +former by wrongful acts, which would be cause of war as between foreign +powers and only fail to be such in our system because perpetrated under +cover of the Union. + +Is it possible to present this subject as truth and the occasion require +without noticing the reiterated but groundless allegation that the South +has persistently asserted claims and obtained advantages in the practical +administration of the General Government to the prejudice of the North, and +in which the latter has acquiesced? That is, the States which either +promote or tolerate attacks on the rights of persons and of property in +other States, to disguise their own injustice, pretend or imagine, and +constantly aver, that they, whose constitutional rights are thus +systematically assailed, are themselves the aggressors. At the present time +this imputed aggression, resting, as it does, only in the vague declamatory +charges of political agitators, resolves itself into misapprehension, or +misinterpretation, of the principles and facts of the political +organization of the new Territories of the United States. + +What is the voice of history? When the ordinance which provided for the +government of the territory northwest of the river Ohio and for its +eventual subdivision into new States was adopted in the Congress of the +Confederation, it is not to be supposed that the question of future +relative power as between the States which retained and those which did not +retain a numerous colored population escaped notice or failed to be +considered. And yet the concession of that vast territory to the interests +and opinions of the Northern States, a territory now the seat of five among +the largest members of the Union, was in great measure the act of the State +of Virginia and of the South. + +When Louisiana was acquired by the United States, it was an acquisition not +less to the North than to the South; for while it was important to the +country at the mouth of the river Mississippi to become the emporium of the +country above it, so also it was even more important to the whole Union to +have that emporium; and although the new province, by reason of its +imperfect settlement, was mainly regarded as on the Gulf of Mexico, yet in +fact it extended to the opposite boundaries of the United States, with far +greater breadth above than below, and was in territory, as in everything +else, equally at least an accession to the Northern States. It is mere +delusion and prejudice, therefore, to speak of Louisiana as acquisition in +the special interest of the South. + +The patriotic and just men who participated in the act were influenced by +motives far above all sectional jealousies. It was in truth the great event +which, by completing for us the possession of the Valley of the +Mississippi, with commercial access to the Gulf of Mexico, imparted unity +and strength to the whole Confederation and attached together by +indissoluble ties the East and the West, as well as the North and the +South. + +As to Florida, that was but the transfer by Spain to the United States of +territory on the east side of the river Mississippi in exchange for large +territory which the United States transferred to Spain on the west side of +that river, as the entire diplomatic history of the transaction serves to +demonstrate. Moreover, it was an acquisition demanded by the commercial +interests and the security of the whole Union. In the meantime the people +of the United States had grown up to a proper consciousness of their +strength, and in a brief contest with France and in a second serious war +with Great Britain they had shaken off all which remained of undue +reverence for Europe, and emerged from the atmosphere of those +transatlantic influences which surrounded the infant Republic, and had +begun to turn their attention to the full and systematic development of the +internal resources of the Union. + +Among the evanescent controversies of that period the most conspicuous was +the question of regulation by Congress of the social condition of the +future States to be rounded in the territory of Louisiana. + +The ordinance for the government of the territory northwest of the river +Ohio had contained a provision which prohibited the use of servile labor +therein, subject to the condition of the extraditions of fugitives from +service due in any other part of the United States. Subsequently to the +adoption of the Constitution this provision ceased to remain as a law, for +its operation as such was absolutely superseded by the Constitution. But +the recollection of the fact excited the zeal of social propagandism in +some sections of the Confederation, and when a second State, that of +Missouri, came to be formed in the territory of Louisiana proposition was +made to extend to the latter territory the restriction originally applied +to the country situated between the rivers Ohio and Mississippi. + +Most questionable as was this proposition in all its constitutional +relations, nevertheless it received the sanction of Congress, with some +slight modifications of line, to save the existing rights of the intended +new State. It was reluctantly acquiesced in by Southern States as a +sacrifice to the cause of peace and of the Union, not only of the rights +stipulated by the treaty of Louisiana, but of the principle of equality +among the States guaranteed by the Constitution. It was received by the +Northern States with angry and resentful condemnation and complaint, +because it did not concede all which they had exactingly demanded. Having +passed through the forms of legislation, it took its place in the statute +book, standing open to repeal, like any other act of doubtful +constitutionality, subject to be pronounced null and void by the courts of +law, and possessing no possible efficacy to control the rights of the +States which might thereafter be organized out of any part of the original +territory of Louisiana. + +In all this, if any aggression there were, any innovation upon preexisting +rights, to which portion of the Union are they justly chargeable? This +controversy passed away with the occasion, nothing surviving it save the +dormant letter of the statute. + +But long afterwards, when by the proposed accession of the Republic of +Texas the United States were to take their next step in territorial +greatness, a similar contingency occurred and became the occasion for +systematized attempts to intervene in the domestic affairs of one section +of the Union, in defiance of their rights as States and of the stipulations +of the Constitution. These attempts assumed a practical direction in the +shape of persevering endeavors by some of the Representatives in both +Houses of Congress to deprive the Southern States of the supposed benefit +of the provisions of the act authorizing the organization of the State of +Missouri. + +But the good sense of the people and the vital force of the Constitution +triumphed over sectional prejudice and the political errors of the day, and +the State of Texas returned to the Union as she was, with social +institutions which her people had chosen for themselves and with express +agreement by the reannexing act that she should be susceptible of +subdivision into a plurality of States. + +Whatever advantage the interests of the Southern States, as such, gained by +this were far inferior in results, as they unfolded in the progress of +time, to those which sprang from previous concessions made by the South. + +To every thoughtful friend of the Union, to the true lovers of their +country, to all who longed and labored for the full success of this great +experiment of republican institutions, it was cause of gratulation that +such an opportunity had occurred to illustrate our advancing power on this +continent and to furnish to the world additional assurance of the strength +and stability of the Constitution. Who would wish to see Florida still a +European colony? Who would rejoice to hail Texas as a lone star instead of +one in the galaxy of States? Who does not appreciate the incalculable +benefits of the acquisition of Louisiana? And yet narrow views and +sectional purposes would inevitably have excluded them all from the Union. + +But another struggle on the same point ensued when our victorious armies +returned from Mexico and it devolved on Congress to provide for the +territories acquired by the treaty of Guadalupe Hidalgo. The great +relations of the subject had now become distinct and clear to the +perception of the public mind, which appreciated the evils of sectional +controversy upon the question of the admission of new States. In that +crisis intense solicitude pervaded the nation. But the patriotic impulses +of the popular heart, guided by the admonitory advice of the Father of his +Country, rose superior to all the difficulties of the incorporation of a +new empire into the Union. In the counsels of Congress there was manifested +extreme antagonism of opinion and action between some Representatives, who +sought by the abusive and unconstitutional employment of the legislative +powers of the Government to interfere in the condition of the inchoate +States and to impose their own social theories upon the latter, and other +Representatives, who repelled the interposition of the General Government +in this respect and maintained the self-constituting rights of the States. +In truth, the thing attempted was in form alone action of the General +Government, while in reality it was the endeavor, by abuse of legislative +power, to force the ideas of internal policy entertained in particular +States upon allied independent States. Once more the Constitution and the +Union triumphed signally. The new territories were organized without +restrictions on the disputed point, and were thus left to judge in that +particular for themselves; and the sense of constitutional faith proved +vigorous enough in Congress not only to accomplish this primary object, but +also the incidental and hardly less important one of so amending the +provisions of the statute for the extradition of fugitives from service as +to place that public duty under the safeguard of the General Government, +and thus relieve it from obstacles raised up by the legislation of some of +the States. + +Vain declamation regarding the provisions of law for the extradition of +fugitives from service, with occasional episodes of frantic effort to +obstruct their execution by riot and murder, continued for a brief time to +agitate certain localities. But the true principle of leaving each State +and Territory to regulate its own laws of labor according to its own sense +of right and expediency had acquired fast hold of the public judgment, to +such a degree that by common consent it was observed in the organization of +the Territory of Washington. When, more recently, it became requisite to +organize the Territories of Nebraska and Kansas, it was the natural and +legitimate, if not the inevitable, consequence of previous events and +legislation that the same great and sound principle which had already been +applied to Utah and New Mexico should be applied to them--that they should +stand exempt from the restrictions proposed in the act relative to the +State of Missouri. + +These restrictions were, in the estimation of many thoughtful men, null +from the beginning, unauthorized by the Constitution, contrary to the +treaty stipulations for the cession of Louisiana, and inconsistent with the +equality of these States. + +They had been stripped of all moral authority by persistent efforts to +procure their indirect repeal through contradictory enactments. They had +been practically abrogated by the legislation attending the organization of +Utah, New Mexico, and Washington. If any vitality remained in them it would +have been taken away, in effect, by the new Territorial acts in the form +originally proposed to the Senate at the first session of the last +Congress. It was manly and ingenuous, as well as patriotic and just, to do +this directly and plainly, and thus relieve the statute book of an act +which might be of possible future injury, but of no possible future +benefit; and the measure of its repeal was the final consummation and +complete recognition of the principle that no portion of the United States +shall undertake through assumption of the powers of the General Government +to dictate the social institutions of any other portion. + +The scope and effect of the language of repeal were not left in doubt. It +was declared in terms to be "the true intent and meaning of this act not to +legislate slavery into any Territory or State, nor to exclude it therefrom, +but to leave the people thereof perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." + +The measure could not be withstood upon its merits alone. It was attacked +with violence on the false or delusive pretext that it constituted a breach +of faith. Never was objection more utterly destitute of substantial +justification. When before was it imagined by sensible men that a +regulative or declarative statute, whether enacted ten or forty years ago, +is irrepealable; that an act of Congress is above the Constitution? If, +indeed, there were in the facts any cause to impute bad faith, it would +attach to those only who have never ceased, from the time of the enactment +of the restrictive provision to the present day, to denounce and condemn +it; who have constantly refused to complete it by needful supplementary +legislation; who have spared no exertion to deprive it of moral force; who +have themselves again and again attempted its repeal by the enactment of +incompatible provisions, and who, by the inevitable reactionary effect of +their own violence on the subject, awakened the country to perception of +the true constitutional principle of leaving the matter involved to the +discretion of the people of the respective existing or incipient States. + +It is not pretended that this principle or any other precludes the +possibility of evils in practice, disturbed, as political action is liable +to be, by human passions. No form of government is exempt from +inconveniences; but in this case they are the result of the abuse, and not +of the legitimate exercise, of the powers reserved or conferred in the +organization of a Territory. They are not to be charged to the great +principle of popular sovereignty. On the contrary, they disappear before +the intelligence and patriotism of the people, exerting through the ballot +box their peaceful and silent but irresistible power. + +If the friends of the Constitution are to have another struggle, its +enemies could not present a more acceptable issue than that of a State +whose constitution clearly embraces "a republican form of government" being +excluded from the Union because its domestic institutions may not in all +respects comport with the ideas of what is wise and expedient entertained +in some other State. Fresh from groundless imputations of breach of faith +against others, men will commence the agitation of this new question with +indubitable violation of an express compact between the independent +sovereign powers of the United States and of the Republic of Texas, as well +as of the older and equally solemn compacts which assure the equality of +all the States. + +But deplorable as would be such a violation of compact in itself and in all +its direct consequences, that is the very least of the evils involved. When +sectional agitators shall have succeeded in forcing on this issue, can +their pretensions fail to be met by counter pretensions? Will not different +States be compelled, respectively, to meet extremes with extremes? And if +either extreme carry its point, what is that so far forth but dissolution +of the Union? If a new State, formed from the territory of the United +States, be absolutely excluded from admission therein, that fact of itself +constitutes the disruption of union between it and the other States. But +the process of dissolution could not stop there. Would not a sectional +decision producing such result by a majority of votes, either Northern or +Southern, of necessity drive out the oppressed and aggrieved minority and +place in presence of each other two irreconcilably hostile confederations? + +It is necessary to speak thus plainly of projects the offspring of that +sectional agitation now prevailing in some of the States, which are as +impracticable as they are unconstitutional, and which if persevered in must +and will end calamitously. It is either disunion and civil war or it is +mere angry, idle, aimless disturbance of public peace and tranquillity. +Disunion for what? If the passionate rage of fanaticism and partisan spirit +did not force the fact upon our attention, it would be difficult to believe +that any considerable portion of the people of this enlightened country +could have so surrendered themselves to a fanatical devotion to the +supposed interests of the relatively few Africans in the United States as +totally to abandon and disregard the interests of the 25,000,000 Americans; +to trample under foot the injunctions of moral and constitutional +obligation, and to engage in plans of vindictive hostility against those +who are associated with them in the enjoyment of the common heritage of our +national institutions. + +Nor is it hostility against their fellow-citizens of one section of the +Union alone. The interests, the honor, the duty, the peace, and the +prosperity of the people of all sections are equally involved and imperiled +in this question. And are patriotic men in any part of the Union prepared +on such issue thus madly to invite all the consequences of the forfeiture +of their constitutional engagements? It is impossible. The storm of frenzy +and faction must inevitably dash itself in vain against the unshaken rock +of the Constitution. I shall never doubt it. I know that the Union is +stronger a thousand times than all the wild and chimerical schemes of +social change which are generated one after another in the unstable minds +of visionary sophists and interested agitators. I rely confidently on the +patriotism of the people, on the dignity and self-respect of the States, on +the wisdom of Congress, and, above all, on the continued gracious favor of +Almighty God to maintain against all enemies, whether at home or abroad, +the sanctity of the Constitution and the integrity of the Union. + +*** + +State of the Union Address +Franklin Pierce +December 2, 1856 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The Constitution requires that the President shall from time to time not +only recommend to the consideration of Congress such measures as he may +judge necessary and expedient, but also that he shall give information to +them of the state of the Union. To do this fully involves exposition of all +matters in the actual condition of the country, domestic or foreign, which +essentially concern the general welfare. While performing his +constitutional duty in this respect, the President does not speak merely to +express personal convictions, but as the executive minister of the +Government, enabled by his position and called upon by his official +obligations to scan with an impartial eye the interests of the whole and of +every part of the United States. + +Of the condition of the domestic interests of the Union--its agriculture, +mines, manufactures, navigation, and commerce--it is necessary only to say +that the internal prosperity of the country, its continuous and steady +advancement in wealth and population and in private as well as public +well-being, attest the wisdom of our institutions and the predominant +spirit of intelligence and patriotism which, notwithstanding occasional +irregularities of opinion or action resulting from popular freedom, has +distinguished and characterized the people of America. In the brief +interval between the termination of the last and the commencement of the +present session of Congress the public mind has been occupied with the care +of selecting for another constitutional term the President and +Vice-President of the United States. + +The determination of the persons who are of right, or contingently, to +preside over the administration of the Government is under our system +committed to the States and the people. We appeal to them, by their voice +pronounced in the forms of law, to call whomsoever they will to the high +post of Chief Magistrate. + +And thus it is that as the Senators represent the respective States of the +Union and the members of the House of Representatives the several +constituencies of each State, so the President represents the aggregate +population of the United States. Their election of him is the explicit and +solemn act of the sole sovereign authority of the Union. + +It is impossible to misapprehend the great principles which by their recent +political action the people of the United States have sanctioned and +announced. + +They have asserted the constitutional equality of each and all of the +States of the Union as States: they have affirmed the constitutional +equality of each and all of the citizens of the United States as citizens, +whatever their religion, wherever their birth or their residence; they have +maintained the inviolability of the constitutional rights of the different +sections of the Union, and they have proclaimed their devoted and +unalterable attachment to the Union and to the Constitution, as objects of +interest superior to all subjects of local or sectional controversy, as the +safeguard of the rights of all, as the spirit and the essence of the +liberty, peace, and greatness of the Republic. In doing this they have at +the same time emphatically condemned the idea of organizing in these United +States mere geographical parties, of marshaling in hostile array toward +each other the different parts of the country, North or South, East or +West. + +Schemes of this nature, fraught with incalculable mischief, and which the +considerate sense of the people has rejected, could have had countenance in +no part of the country had they not been disguised by suggestions plausible +in appearance, acting upon an excited state of the public mind, induced by +causes temporary in their character and, it is to be hoped, transient in +their influence. + +Perfect liberty of association for political objects and the widest scope +of discussion are the received and ordinary conditions of government in our +country. Our institutions, framed in the spirit of confidence in the +intelligence and integrity of the people, do not forbid citizens, either +individually or associated together, to attack by writing, speech, or any +other methods short of physical force the Constitution and the very +existence of the Union. Under the shelter of this great liberty, and +protected by the laws and usages of the Government they assail, +associations have been formed in some of the States of individuals who, +pretending to seek only to prevent the spread of the institution of slavery +into the present or future inchoate States of the Union, are really +inflamed with desire to change the domestic institutions of existing +States. To accomplish their objects they dedicate themselves to the odious +task of depreciating the government organization which stands in their way +and of calumniating with indiscriminate invective not only the citizens of +particular States with whose laws they find fault, but all others of their +fellow citizens throughout the country who do not participate with them in +their assaults upon the Constitution, framed and adopted by our fathers, +and claiming for the privileges it has secured and the blessings it has +conferred the steady support and grateful reverence of their children. They +seek an object which they well know to be a revolutionary one. They are +perfectly aware that the change in the relative condition of the white and +black races in the slaveholding States which they would promote is beyond +their lawful authority; that to them it is a foreign object; that it can +not be effected by any peaceful instrumentality of theirs; that for them +and the States of which they are citizens the only path to its +accomplishment is through burning cities, and ravaged fields, and +slaughtered populations, and all there is most terrible in foreign +complicated with civil and servile war; and that the first step in the +attempt is the forcible disruption of a country embracing in its broad +bosom a degree of liberty and an amount of individual and public prosperity +to which there is no parallel in history, and substituting in its place +hostile governments, driven at once and inevitably into mutual devastation +and fratricidal carnage, transforming the now peaceful and felicitous +brotherhood into a vast permanent camp of armed men like the rival +monarchies of Europe and Asia. Well knowing that such, and such only, are +the means and the consequences of their plans and purposes, they endeavor +to prepare the people of the United States for civil war by doing +everything in their power to deprive the Constitution and the laws of moral +authority and to undermine the fabric of the Union by appeals to passion +and sectional prejudice, by indoctrinating its people with reciprocal +hatred, and by educating them to stand face to face as enemies, rather than +shoulder to shoulder as friends. + +It is by the agency of such unwarrantable interference, foreign and +domestic, that the minds of many otherwise good citizens have been so +inflamed into the passionate condemnation of the domestic institutions of +the Southern States as at length to pass insensibly to almost equally +passion late hostility toward their fellow-citizens of those States, and +thus finally to fall into temporary fellowship with the avowed and active +enemies of the Constitution. Ardently attached to liberty in the abstract, +they do not stop to consider practically how the objects they would attain +can be accomplished, nor to reflect that, even if the evil were as great as +they deem it, they have no remedy to apply, and that it can be only +aggravated by their violence and unconstitutional action. A question which +is one of the most difficult of all the problems of social institution, +political economy, and statesmanship they treat with unreasoning +intemperance of thought and language. Extremes beget extremes. Violent +attack from the North finds its inevitable consequence in the growth of a +spirit of angry defiance at the South. Thus in the progress of events we +had reached that consummation, which the voice of the people has now so +pointedly rebuked, of the attempt of a portion of the States, by a +sectional organization and movement, to usurp the control of the Government +of the United States. + +I confidently believe that the great body of those who inconsiderately took +this fatal step are sincerely attached to the Constitution and the Union. +They would upon deliberation shrink with unaffected horror from any +conscious act of disunion or civil war. But they have entered into a path +which leads nowhere unless it be to civil war and disunion, and which has +no other possible outlet. They have proceeded thus far in that direction in +consequence of the successive stages of their progress having consisted of +a series of secondary issues, each of which professed to be confined within +constitutional and peaceful limits, but which attempted indirectly what few +men were willing to do directly; that is, to act aggressively against the +constitutional rights of nearly one-half of the thirty-one States. + +In the long series of acts of indirect aggression, the first was the +strenuous agitation by citizens of the Northern States, in Congress and out +of it, of the question of Negro emancipation in the Southern States. + +The second step in this path of evil consisted of acts of the people of the +Northern States, and in several instances of their governments, aimed to +facilitate the escape of persons held to service in the Southern States and +to prevent their extradition when reclaimed according to law and in virtue +of express provisions of the Constitution. To promote this object, +legislative enactments and other means were adopted to take away or defeat +rights which the Constitution solemnly guaranteed. In order to nullify the +then existing act of Congress concerning the extradition of fugitives from +service, laws were enacted in many States forbidding their officers, under +the severest penalties, to participate in the execution of any act of +Congress whatever. In this way that system of harmonious cooperation +between the authorities of the United States and of the several States, for +the maintenance of their common institutions, which existed in the early +years of the Republic was destroyed; conflicts of jurisdiction came to be +frequent, and Congress found itself compelled, for the support of the +Constitution and the vindication of its power, to authorize the appointment +of new officers charged with the execution of its acts, as if they and the +officers of the States were the ministers, respectively, of foreign +governments in a state of mutual hostility rather than fellow-magistrates +of a common country peacefully subsisting under the protection of one +well-constituted Union. Thus here also aggression was followed by reaction, +and the attacks upon the Constitution at this point did but serve to raise +up new barriers for its defense and security. + +The third stage of this unhappy sectional controversy was in connection +with the organization of Territorial governments and the admission of new +States into the Union. When it was proposed to admit the State of Maine, by +separation of territory from that of Massachusetts, and the State of +Missouri, formed of a portion of the territory ceded by France to the +United States, representatives in Congress objected to the admission of the +latter unless with conditions suited to particular views of public policy. +The imposition of such a condition was successfully resisted; but at the +same period the question was presented of imposing restrictions upon the +residue of the territory ceded by France. That question was for the time +disposed of by the adoption of a geographical line of limitation. + +In this connection it should not be forgotten that when France, of her own +accord, resolved, for considerations of the most farsighted sagacity, to +cede Louisiana to the United States, and that accession was accepted by the +United States, the latter expressly engaged that "the inhabitants of the +ceded territory shall be incorporated in the Union of the United States and +admitted as soon as possible, according to the principles of the Federal +Constitution, to the enjoyment of all the rights, advantages, and +immunities of citizens of the United States; and in the meantime they shall +be maintained and protected in the free enjoyment of their liberty, +property, and the religion which they profess;" that is to say, while it +remains in a Territorial condition its inhabitants are maintained and +protected in the free enjoyment of their liberty and property, with a right +then to pass into the condition of States on a footing of perfect equality +with the original States. + +The enactment which established the restrictive geographical line was +acquiesced in rather than approved by the States of the Union. It stood on +the statute book, however, for a number of years; and the people of the +respective States acquiesced in the reenactment of the principle as applied +to the State of Texas, and it was proposed to acquiesce in its further +application to the territory acquired by the United States from Mexico. But +this proposition was successfully resisted by the representatives from the +Northern States, who, regardless of the statute line, insisted upon +applying restriction to the new territory generally, whether lying north or +south of it, thereby repealing it as a legislative compromise, and, on the +part of the North, persistently violating the compact, if compact there +was. + +Thereupon this enactment ceased to have binding virtue in any sense, +whether as respects the North or the South, and so in effect it was treated +on the occasion of the admission of the State of California and the +organization of the Territories of New Mexico, Utah, and Washington. + +Such was the state of this question when the time arrived for the +organization of the Territories of Kansas and Nebraska. In the progress of +constitutional inquiry and reflection it had now at length come to be seen +clearly that Congress does not possess constitutional power to impose +restrictions of this character upon any present or future State of the +Union. In a long series of decisions, on the fullest argument and after the +most deliberate consideration, the Supreme Court of the United States had +finally determined this point in every form under which the question could +arise, whether as affecting public or private rights--in questions of the +public domain, of religion, of navigation, and. of servitude. + +The several States of the Union are by force of the Constitution coequal in +domestic legislative power. Congress can not change a law of domestic +relation in the State of Maine; no more can it in the State of Missouri. +Any statute which proposes to do this is a mere nullity; it takes away no +right, it confers none. If it remains on the statute book unrepealed, it +remains there only as a monument of error and a beacon of warning to the +legislator and the statesman. To repeal it will be only to remove +imperfection from the statutes, without affecting, either in the sense of +permission, or of prohibition, the action of the States or of their +citizens. + +Still, when the nominal restriction of this nature, already a dead letter +in law, was in terms repealed by the last Congress, in a clause of the act +organizing the Territories of Kansas and Nebraska, that repeal was made the +occasion of a widespread and dangerous agitation. It was alleged that the +original enactment being a compact of perpetual moral obligation, its +repeal constituted an odious breach of faith. An act of Congress, while it +remains unrepealed, more especially if it be constitutionally valid in the +judgment of those public functionaries whose duty it is to pronounce on +that point, is undoubtedly binding on the conscience of each good citizen +of the Republic. But in what sense can it be asserted that the enactment in +question was invested with perpetuity and entitled to the respect of a +solemn Compact? Between whom was the compact? No distinct contending powers +of the Government, no separate sections of the Union treating as such, +entered into treaty stipulations on the subject. It was a mere clause of an +act of Congress, and, like any other controverted matter of legislation, +received its final shape and was passed by compromise of the conflicting +opinions or sentiments of the members of Congress. But if it had moral +authority over men's consciences, to whom did this authority attach? Not to +those of the North, who had repeatedly refused to confirm it by extension +and who had zealously striven to establish other and incompatible +regulations upon the subject. And if, as it thus appears, the supposed +compact had no obligatory force as to the North, of course it could not +have had any as to the South, for all such compacts must be mutual and of +reciprocal obligation. + +It has not unfrequently happened that lawgivers, with undue estimation of +the value of the law they give or in the view of imparting to it peculiar +strength, make it perpetual in terms; but they can not thus bind the +conscience, the judgment, and the will of those who may succeed them, +invested with similar responsibilities and clothed with equal authority. +More careful investigation may prove the law to be unsound in principle. +Experience may show it to be imperfect in detail and impracticable in +execution. And then both reason and right combine not merely to justify but +to require its repeal. + +The Constitution, supreme, as it is, over all the departments of the +Government--legislative, executive, and judicial--is open to amendment by +its very terms; and Congress or the States may, in their discretion, +propose amendment to it, solemn compact though it in truth is between the +sovereign States of the Union. In the present instance a political +enactment which had ceased to have legal power or authority of any kind was +repealed. The position assumed that Congress had no moral right to enact +such repeal was strange enough, and singularly so in view of the fact that +the argument came from those who openly refused obedience to existing laws +of the land, having the same popular designation and quality as. compromise +acts; nay, more, who unequivocally disregarded and condemned the most +positive and obligatory injunctions of the Constitution itself, and sought +by every means within their reach to deprive a portion of their +fellow-citizens of the equal enjoyment of those rights and privileges +guaranteed alike to all by the fundamental compact of our Union. + +This argument against the repeal of the statute line in question was +accompanied by another of congenial character and equally with the former +destitute of foundation in reason and truth. It was imputed that the +measure originated in the conception of extending the limits of slave labor +beyond those previously assigned to it, and that such was its natural as +well as intended effect; and these baseless assumptions were made, in the +Northern States, the ground of unceasing assault upon constitutional +right. + +The repeal in terms of a statute, which was already obsolete and also null +for unconstitutionality, could have no influence to obstruct or to promote +the propagation of conflicting views of political or social institution. +When the act organizing the Territories of Kansas and Nebraska was passed, +the inherent effect upon that portion of the public domain thus opened to +legal settlement was to admit settlers from all the States of the Union +alike, each with his convictions of public policy and private interest, +there to found, in their discretion, subject to such limitations as the +Constitution and acts of Congress might prescribe, new States, hereafter to +be admitted into the Union. It was a free field, open alike to all, whether +the statute line of assumed restriction were repealed or not. That repeal +did not open to free competition of the diverse opinions and domestic +institutions a field which without such repeal would have been closed +against them; it found that field of competition already opened, in fact +and in law. All the repeal did was to relieve the statute book of an +objectionable enactment, unconstitutional in effect and injurious in terms +to a large portion of the States. + +Is it the fact that in all the unsettled regions of the United States, if +emigration be left free to act in this respect for itself, without legal +prohibitions on either side, slave labor will spontaneously go everywhere +in preference to free labor? Is it the fact that the peculiar domestic +institutions of the Southern States possess relatively so much of vigor +that wheresoever an avenue is freely opened to all the world they will +penetrate to the exclusion of those of the Northern States? Is it the fact +that the former enjoy, compared with the latter, such irresistibly superior +vitality, independent of climate, soil, and all other accidental +circumstances, as to be able to produce the supposed result in spite of the +assumed moral and natural obstacles to its accomplishment and of the more +numerous population of the Northern States? The argument of those who +advocate the enactment of new laws of restriction and condemn the repeal of +old ones in effect avers that their particular views of government have no +self-extending or self-sustaining power of their own, and will go nowhere +unless forced by act of Congress. And if Congress do but pause for a moment +in the policy of stern coercion; if it venture to try the experiment of +leaving men to judge for themselves what institutions will best suit them; +if it be not strained up to perpetual legislative exertion on this +point--if Congress proceed thus to act in the very spirit of liberty, it is +at once charged with aiming to extend slave labor into all the new +Territories of the United States. + +Of course these imputations on the intentions of Congress in this respect, +conceived, as they were, in prejudice and disseminated in passion, are +utterly destitute of any justification in the nature of things and contrary +to all the fundamental doctrines and principles of civil liberty and +self-government. + +While, therefore, in general, the people of the Northern States have never +at any time arrogated for the Federal Government the power to interfere +directly with the domestic condition of persons in the Southern States, +but, on the contrary, have disavowed all such intentions and have shrunk +from conspicuous affiliation with those few who pursue their fanatical +objects avowedly through the contemplated means of revolutionary change of +the Government and with acceptance of the necessary consequences--a civil +and servile war--yet many citizens have suffered themselves to be drawn +into one evanescent political issue of agitation after another, +appertaining to the same set of opinions, and which subsided as rapidly as +they arose when it came to be seen, as it uniformly did, that they were +incompatible with the compacts of the Constitution and the existence of the +Union. Thus when the acts of some of the States to nullify the existing +extradition law imposed upon Congress the duty of passing a new one, the +country was invited by agitators to enter into party organization for its +repeal; but that agitation speedily ceased by reason of the +impracticability of its object. So when the statute restriction upon the +institutions of new States by a geographical line had been repealed, the +country was urged to demand its restoration, and that project also died +almost with its birth. Then followed the cry of alarm from the North +against imputed Southern encroachmeats, which cry sprang in reality from +the spirit of revolutionary attack on the domestic institutions of the +South, and, after a troubled existence of a few months, has been rebuked by +the voice of a patriotic people. + +Of this last agitation, one lamentable feature was that it was carried on +at the immediate expense of the peace and happiness of the people of the +Territory of Kansas. That was made the battlefield, not so much of opposing +factions or interests within itself as of the conflicting passions of the +whole people of the United States. Revolutionary disorder in Kansas had its +origin in projects of intervention deliberately arranged by certain members +of that Congress which enacted the law for the organization of the +Territory; and when propagandist colonization of Kansas had thus been +undertaken in one section of the Union for the systematic promotion of its +peculiar views of policy there ensued as a matter of course a counteraction +with opposite views in other sections of the Union. + +In consequence of these and other incidents, many acts of disorder, it is +undeniable, have been perpetrated in Kansas, to the occasional interruption +rather than the permanent suspension of regular government. Aggressive and +most reprehensible incursions into the Territory were undertaken both in +the North and the South, and entered it on its northern border by the way +of Iowa, as well as on the eastern by way of Missouri; and there has +existed within it a state of insurrection against the constituted +authorities, not without countenance from inconsiderate persons in each of +the great sections of the Union. But the difficulties in that Territory +have been extravagantly exaggerated for purposes of political agitation +elsewhere. The number and gravity of the acts of violence have been +magnified partly by statements entirely untrue and partly by reiterated +accounts of the same rumors or facts. Thus the Territory has been seemingly +filled with extreme violence, when the whole amount of such acts has not +been greater than what occasionally passes before us in single cities to +the regret of all good citizens, but without being regarded as of general +or permanent political consequence. + +Imputed irregularities in the elections had in Kansas, like occasional +irregularities of the same description in the States, were beyond the +sphere of action of the Executive. But incidents of actual violence or of +organized obstruction of law, pertinaciously renewed from time to time, +have been met as they occurred by such means as were available and as the +circumstances required, and nothing of this character now remains to affect +the general peace of the Union. The attempt of a part of the inhabitants of +the Territory to erect a revolutionary government, though sedulously +encouraged and supplied with pecuniary aid from active agents of disorder +in some of the States, has completely failed. Bodies of armed men, foreign +to the Territory, have been prevented from entering or compelled to leave +it; predatory bands, engaged in acts of rapine under cover of the existing +political disturbances, have been arrested or dispersed, and every +well-disposed person is now enabled once more to devote himself in peace to +the pursuits of prosperous industry, for the prosecution of which he +undertook to participate in the settlement of the Territory. + +It affords me unmingled satisfaction thus to announce the peaceful +condition of things in Kansas, especially considering the means to which it +was necessary to have recourse for the attainment of the end, namely, the +employment of a part of the military force of the United States. The +withdrawal of that force from its proper duty of defending the country +against foreign foes or the savages of the frontier to employ it for the +suppression of domestic insurrection is, when the exigency occurs, a matter +of the most earnest solicitude. On this occasion of imperative necessity it +has been done with the best results, and my satisfaction in the attainment +of such results by such means is greatly enhanced by the consideration +that, through the wisdom and energy of the present executive of Kansas and +the prudence, firmness, and vigilance of the military officers on duty +there tranquillity has been restored without one drop of blood having been +shed in its accomplishment by the forces of the United States. + +The restoration of comparative tranquillity in that Territory furnishes the +means of observing calmly and appreciating at their just value the events +which have occurred there and the discussions of which the government of +the Territory has been the subject. We perceive that controversy concerning +its future domestic institutions was inevitable; that no human prudence, no +form of legislation, no wisdom on the part of Congress, could have +prevented it. + +It is idle to suppose that the particular provisions of their organic law +were the cause of agitation. Those provisions were but the occasion, or the +pretext, of an agitation which was inherent in the nature of things. +Congress legislated upon the subject in such terms as were most consonant +with the principle of popular sovereignty which underlies our Government. +It could not have legislated otherwise without doing violence to another +great principle of our institutions--the imprescriptible right of equality +of the several States. + +We perceive also that sectional interests and party passions have been the +great impediment to the salutary operation of the organic principles +adopted and the chief cause of the successive disturbances in Kansas. The +assumption that because in the organization of the Territories of Nebraska +and Kansas Congress abstained from imposing restraints upon them to which +certain other Territories had been subject, therefore disorders occurred in +the latter Territory, is emphatically contradicted by the fact that none +have occurred in the former. Those disorders were not the consequence, in +Kansas, of the freedom of self-government conceded to that Territory by +Congress, but of unjust interference on the part of persons not inhabitants +of the Territory. Such interference, wherever it has exhibited itself by +acts of insurrectionary character or of obstruction to process of law, has +been repelled or suppressed by all the means which the Constitution and the +laws place in the hands of the Executive. + +In those parts of the United States where, by reason of the inflamed state +of the public mind, false rumors and misrepresentations have the greatest +currency it has been assumed that it was the duty of the Executive not only +to suppress insurrectionary movements in Kansas, but also to see to the +regularity of local elections. It needs little argument to show that the +President has no such power. All government in the United States rests +substantially upon popular election. The freedom of elections is liable to +be impaired by the intrusion of unlawful votes or the exclusion of lawful +ones, by improper influences, by violence, or by fraud. But the people of +the United States are themselves the all sufficient guardians of their own +rights, and to suppose that they will not remedy in due season any such +incidents of civil freedom is to suppose them to have ceased to be capable +of self-government. The President of the United States has not power to +interpose in elections, to see to their freedom, to canvass their votes, or +to pass upon their legality in the Territories any more than in the States. +If he had such power the Government might be republican in form, but it +would be a monarchy in fact; and if he had undertaken to exercise it in the +case of Kansas he would have been justly subject to the charge of +usurpation and of violation of the dearest rights of the people of the +United States. + +Unwise laws, equally with irregularities at elections, are in periods of +great excitement the occasional incidents of even the freest and best +political institutions; but all experience demonstrates that in a country +like ours, where the right of self-constitution exists in the completest +form, the attempt to remedy unwise legislation by resort to revolution is +totally out of place, inasmuch as existing legal institutions afford more +prompt and efficacious means for the redress of wrong. + +I confidently trust that now, when the peaceful condition of Kansas affords +opportunity for calm reflection and wise legislation, either the +legislative assembly of the Territory or Congress will see that no act +shall remain on its statute book violative of the provisions of the +Constitution or subversive of the great objects for which that was ordained +and established, and will take all other necessary steps to assure to its +inhabitants the enjoyment, without obstruction or abridgment, of all the +constitutional rights, privileges, and immunities of citizens of the United +States, as contemplated by the organic law of the Territory. + +Full information in relation to recent events in this Territory will be +found in the documents communicated herewith from the Departments of State +and War. + +I refer you to the report of the Secretary of the Treasury for particular +information concerning the financial condition of the Government and the +various branches of the public service connected with the Treasury +Department. + +During the last fiscal year the receipts from customs were for the first +time more than $64,000,000, and from all sources $73,918,141, which, with +the balance on hand up to the 1st of July, 1855, made the total resources +of the year amount to $92,850,117. The expenditures, including $3,000,000 +in execution of the treaty with Mexico and excluding sums paid on account +of the public debt, amounted to $60,172,401, and including the latter to +$72,948,792, the payment on this account having amounted to $12,776,390. + +On the 4th of March, 1853, the amount of the public debt was $69,129,937. +There was a subsequent increase of $2,750,000 for the debt of Texas, making +a total of $71,879,937. Of this the sum of $45,525,319, including premium, +has been discharged, reducing the debt to $30,963,909, all which might be +paid within a year without embarrassing the public service, but being not +yet due and only redeemable at the option of the holder, can not be pressed +to payment by the Government. + +On examining the expenditures of the last five years it will be seen that +the average, deducting payments on account of the public debt and +$10,000,000 paid by treaty to Mexico, has been but about $48,000,000. It is +believed that under an economical administration of the Government the +average expenditure for the ensuing five years will not exceed that sum, +unless extraordinary occasion for its increase should occur. The acts +granting bounty lands will soon have been executed, while the extension of +our frontier settlements will cause a continued demand for lands and +augmented receipts, probably, from that source. These considerations will +justify a reduction of the revenue from customs so as not to exceed +forty-eight or fifty million dollars. I think the exigency for such +reduction is imperative, and again urge it upon the consideration of +Congress. + +The amount of reduction, as well as the manner of effecting it, are +questions of great and general interest, it being essential to industrial +enterprise and the public prosperity, as well as the dictate of obvious +justice, that the burden of taxation be made to rest as equally as possible +upon all classes and all sections and interests of the country. + +I have heretofore recommended to your consideration the revision of the +revenue laws, prepared under the direction of the Secretary of the +Treasury, and also legislation upon some special questions affecting the +business of that Department, more especially the enactment of a law to +punish the abstraction of official books or papers from the files of the +Government and requiring all such books and papers and all other public +property to be turned over by the outgoing officer to his successor; of a +law requiring disbursing officers to deposit all public money in the vaults +of the Treasury or in other legal depositories, where the same are +conveniently accessible, and a law to extend existing penal provisions to +all persons who may become possessed of public money by deposit or +otherwise and who shall refuse or neglect on due demand to pay the same +into the Treasury. I invite your attention anew to each of these objects. + +The Army during the past year has been so constantly employed against +hostile Indians in various quarters that it can scarcely be said, with +propriety of language, to have been a peace establishment. Its duties have +been satisfactorily performed, and we have reason to expect as a result of +the year's operations greater security to the frontier inhabitants than has +been hitherto enjoyed. Extensive combinations among the hostile Indians of +the Territories of Washington and Oregon at one time threatened the +devastation of the newly formed settlements of that remote portion of the +country. From recent information we are permitted to hope that the +energetic and successful operations conducted there will prevent such +combinations in future and secure to those Territories an opportunity to +make steady progress in the development of their agricultural and mineral +resources. + +Legislation has been recommended by me on previous occasions to cure +defects in the existing organization and to increase the efficiency of the +Army, and further observation has but served to confirm me in the views +then expressed and to enforce on my mind the conviction that such measures +are not only proper, but necessary. + +I have, in addition, to invite the attention of Congress to a change of +policy in the distribution of troops and to the necessity of providing a +more rapid increase of the military armament. For details of these and +other subjects relating to the Army I refer to the report of the Secretary +of War. + +The condition of the Navy is not merely satisfactory, but exhibits the most +gratifying evidences of increased vigor. As it is comparatively small, it +is more important that it should be as complete as possible in all the +elements of strength; that it should be efficient in the character of its +officers, in the zeal and discipline of its men, in the reliability of its +ordnance, and in the capacity of its ships. In all these various qualities +the Navy has made great progress within the last few years. The execution +of the law of Congress of February 28, 1855, "to promote the efficiency of +the Navy," has been attended by the most advantageous results. The law for +promoting discipline among the men is found convenient and salutary. The +system of granting an honorable discharge to faithful seamen on the +expiration of the period of their enlistment and permitting them to +reenlist after a leave of absence of a few months without cessation of pay +is highly beneficial in its influence. The apprentice system recently +adopted is evidently destined to incorporate into the service a large +number of our countrymen, hitherto so difficult to procure. Several hundred +American boys are now on a three years' cruise in our national vessels and +will return well-trained seamen. In the Ordnance Department there is a +decided and gratifying indication of progress, creditable to it and to the +country. The suggestions of the Secretary of the Navy in regard to further +improvement in that branch of the service I commend to your favorable +action. The new frigates ordered by Congress are now afloat and two of them +in active service. They are superior models of naval architecture, and with +their formidable battery add largely to public strength and security. I +concur in the views expressed by the Secretary of the Department in favor +of a still further increase of our naval force. + +The report of the Secretary of the Interior presents facts and views in +relation to internal affairs over which the supervision of his Department +extends of much interest and importance. + +The aggregate sales of the public lands during the last fiscal year amount +to 9,227,878 acres, for which has been received the sum of $8,821,414. +During the same period there have been located with military scrip and land +warrants and for other purposes 30,100,230 acres, thus making a total +aggregate of 39,328,108 acres. On the 30th of September last surveys had +been made of 16,873,699 acres, a large proportion of which is ready for +market. + +The suggestions in this report in regard to the complication and +progressive expansion of the business of the different bureaus of the +Department, to the pension system, to the colonization of Indian tribes, +and the recommendations in relation to various improvements in the District +of Columbia are especially commended to your consideration. + +The report of the Postmaster-General presents fully the condition of that +Department of the Government. Its expenditures for the last fiscal year +were $10,407,868 and its gross receipts $7,620,801, making an excess of +expenditure over receipts of $2,787,046. The deficiency of this Department +is thus $744,000 greater than for the year ending June 30, 1853. Of this +deficiency $330,000 is to be attributed to the additional compensation +allowed to postmasters by the act of Congress of June 22, 1854. The mail +facilities in every part of the country have been very much increased in +that period, and the large addition of railroad service, amounting to 7,908 +miles, has added largely to the cost of transportation. + +The inconsiderable augmentation of the income of the Post-Office Department +under the reduced rates of postage and its increasing expenditures must for +the present make it dependent to some extent upon the Treasury for support. +The recommendations of the Postmaster-General in relation to the abolition +of the franking privilege and his views on the establishment of mail +steamship lines deserve the consideration of Congress. I also call the +special attention of Congress to the statement of the Postmaster-General +respecting the sums now paid for the transportation of mails to the Panama +Railroad Company, and commend to their early and favorable consideration +the suggestions of that officer in relation to new contracts for mail +transportation upon that route, and also upon the Tehuantepec and Nicaragua +routes. + +The United States continue in the enjoyment of amicable relations with all +foreign powers. + +When my last annual message was transmitted to Congress two subjects of +controversy, one relating to the enlistment of soldiers in this country for +foreign service and the other to Central America, threatened to disturb the +good understanding between the United States and Great Britain. Of the +progress and termination of the former question you were informed at the +time, and the other is now in the way of satisfactory adjustment. + +The object of the convention between the United States and Great Britain of +the 19th of April, 1850, was to secure for the benefit of all nations the +neutrality and the common use of any transit way or interoceanic +communication across the Isthmus of Panama which might be opened within the +limits of Central America. The pretensions subsequently asserted by Great +Britain to dominion or control over territories in or near two of the +routes, those of Nicaragua and Honduras, were deemed by the United States +not merely incompatible with the main object of the treaty, but opposed +even to its express stipulations. Occasion of controversy on this point has +been removed by an additional treaty, which our minister at London has +concluded, and which will be immediately submitted to the Senate for its +consideration. Should the proposed supplemental arrangement be concurred in +by all the parties to be affected by it, the objects contemplated by the +original convention will have been fully attained. + +The treaty between the United States and Great Britain of the 5th of June, +1854, which went into effective operation in 1855, put an end to causes of +irritation between the two countries, by securing to the United States the +right of fishery on the coast of the British North American Provinces, with +advantages equal to those enjoyed by British subjects. Besides the signal +benefits of this treaty to a large class of our citizens engaged in a +pursuit connected to no inconsiderable degree with our national prosperity +and strength, it has had a favorable effect upon other interests in the +provision it made for reciprocal freedom of trade between the United States +and the British Provinces in America. The exports of domestic articles to +those Provinces during the last year amounted to more than $22,000,000, +exceeding those of the preceding year by nearly $7,000,000; and the imports +therefrom during the same period amounted to more than twenty-one million, +an increase of six million upon those of the previous year. + +The improved condition of this branch of our commerce is mainly +attributable to the above-mentioned treaty. + +Provision was made in the first article of that treaty for a commission to +designate the mouths of rivers to which the common right of fishery on the +coast of the United States and the British Provinces was not to extend. +This commission has been employed a part of two seasons, but without much +progress in accomplishing the object for which it was instituted, in +consequence of a serious difference of opinion between the commissioners, +not only as to the precise point where the rivers terminate, but in many +instances as to what constitutes a river. These difficulties, however, may +be overcome by resort to the umpirage provided for by the treaty. + +The efforts perseveringly prosecuted since the commencement of my +Administration to relieve our trade to the Baltic from the exaction of +Sound dues by Denmark have not yet been attended with success. Other +governments have also sought to obtain a like relief to their commerce, and +Denmark was thus induced to propose an arrangement to all the European +powers interested in the subject, and the manner in which her proposition +was received warranting her to believe that a satisfactory arrangement with +them could soon be concluded, she made a strong appeal to this Government +for temporary suspension of definite action on its part, in consideration +of the embarrassment which might result to her European negotiations by an +immediate adjustment of the question with the United States. This request +has been acceded to upon the condition that the sums collected after the +16th of June last and until the 16th of June next from vessels and cargoes +belonging to our merchants are to be considered as paid under protest and +subject to future adjustment. There is reason to believe that an +arrangement between Denmark and the maritime powers of Europe on the +subject will be soon concluded, and that the pending negotiation with the +United States may then be resumed and terminated in a satisfactory manner. + +With Spain no new difficulties have arisen, nor has much progress been made +in the adjustment of pending ones. + +Negotiations entered into for the purpose of relieving our commercial +intercourse with the island of Cuba of some of its burdens and providing +for the more speedy settlement of local disputes growing out of that +intercourse have not yet been attended with any results. Soon after the +commencement of the late war in Europe this Government submitted to the +consideration of all maritime nations two principles for the security of +neutral commerce--one that the neutral flag should cover enemies' goods, +except articles contraband of war, and the other that neutral property on +board merchant vessels of belligerents should be exempt from condemnation, +with the exception of contraband articles. These were not presented as new +rules of international law, having been generally claimed by neutrals, +though not always admitted by belligerents. One of the parties to the war +(Russia), as well as several neutral powers, promptly acceded to these +propositions, and the two other principal belligerents (Great Britain and +France) having consented to observe them for the present occasion, a +favorable opportunity seemed to be presented for obtaining a general +recognition of them, both in Europe and America. But Great Britain and +France, in common with most of the States of Europe, while forbearing to +reject, did not affirmatively act upon the overtures of the United States. + +While the question was in this position the representatives of Russia, +France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled at +Paris, took into consideration the subject of maritime rights, and put +forth a declaration containing the two principles which this Government had +submitted nearly two years before to the consideration of maritime powers, +and adding thereto the following propositions: "Privateering is and remains +abolished," and "Blockades in order to be binding must be effective; that +is to say, maintained by a force sufficient really to prevent access to the +coast of the enemy;" and to the declaration thus composed of four points, +two of which had already been proposed by the United States, this +Government has been invited to accede by all the powers represented at +Paris except Great Britain and Turkey. To the last of the two additional +propositions--that in relation to blockades--there can certainly be no +objection. It is merely the definition of what shall constitute the +effectual investment of a blockaded place, a definition for which this +Government has always contended, claiming indemnity for losses where a +practical violation of the rule thus defined has been injurious to our +commerce. As to the remaining article of the declaration of the conference +of Paris, that "privateering is and remains abolished," I certainly can not +ascribe to the powers represented in the conference of Paris any but +liberal and philanthropic views in the attempt to change the unquestionable +rule of maritime law in regard to privateering. Their proposition was +doubtless intended to imply approval of the principle that private property +upon the ocean, although it might belong to the citizens of a belligerent +state, should be exempted from capture; and had that proposition been so +framed as to give full effect to the principle, it would have received my +ready assent on behalf of the United States. But the measure proposed is +inadequate to that purpose. It is true that if adopted private property +upon the ocean would be withdrawn from one mode of plunder, but left +exposed meanwhile to another mode, which could be used with increased +effectiveness. The aggressive capacity of great naval powers would be +thereby augmented, while the defensive ability of others would be reduced. +Though the surrender of the means of prosecuting hostilities by employing +privateers, as proposed by the conference of Paris, is mutual in terms, yet +in practical effect it would be the relinquishment of a right of little +value to one class of states, but of essential importance to another and a +far larger class. It ought not to have been anticipated that a measure so +inadequate to the accomplishment of the proposed object and so unequal in +its operation would receive the assent of all maritime powers. Private +property would be still left to the depredations of the public armed +cruisers. + +I have expressed a readiness on the part of this Government to accede to +all the principles contained in the declaration of the conference of Paris +provided that the one relating to the abandonment of privateering can be so +amended as to effect the object for which, as is presumed, it was +intended--the immunity of private property on the ocean from hostile +capture. To effect this object, it is proposed to add to the declaration +that "privateering is and remains abolished" the following amendment: + +And that the private property of subjects and citizens of a belligerent on +the high seas shall be exempt from seizure by the public armed vessels of +the other belligerent, except it be contraband. + +This amendment has been presented not only to the powers which have asked +our assent to the declaration to abolish privateering, but to all other +maritime states. Thus far it has not been rejected by any, and is favorably +entertained by all which have made any communication in reply. + +Several of the governments regarding with favor the proposition of the +United States have delayed definitive action upon it only for the purpose +of consulting with others, parties to the conference of Paris. I have the +satisfaction of stating, however, that the Emperor of Russia has entirely +and explicitly approved of that modification and will cooperate in +endeavoring to obtain the assent of other powers, and that assurances of a +similar purport have been received in relation to the disposition of the +Emperor of the French. The present aspect of this important subject allows +us to cherish the hope that a principle so humane in its character, so just +and equal in its operation, so essential to the prosperity of commercial +nations, and so consonant to the sentiments of this enlightened period of +the world will command the approbation of all maritime powers, and thus be +incorporated into the code of international law. + +My views on the subject are more fully set forth in the reply of the +Secretary of State, a copy of which is herewith transmitted, to the +communications on the subject made to this Government, especially to the +communication of France. + +The Government of the United States has at all times regarded with friendly +interest the other States of America, formerly, like this country, European +colonies, and now independent members of the great family of nations. But +the unsettled condition of some of them, distracted by frequent +revolutions, and thus incapable of regular and firm internal +administration, has tended to embarrass occasionally our public intercourse +by reason of wrongs which our citizens suffer at their hands, and which +they are slow to redress. + +Unfortunately, it is against the Republic of Mexico, with which it is our +special desire to maintain a good understanding, that such complaints are +most numerous; and although earnestly urged upon its attention, they have +not as yet received the consideration which this Government had a right to +expect. While reparation for past injuries has been withheld, others have +been added. The political condition of that country, however, has been such +as to demand forbearance on the part of the United States. I shall continue +my efforts to procure for the wrongs of our citizens that redress which is +indispensable to the continued friendly association of the two Republics. + +The peculiar condition of affairs in Nicaragua in the early part of the +present year rendered it important that this Government should have +diplomatic relations with that State. Through its territory had been opened +one of the principal thoroughfares across the isthmus connecting North and +South America, on which a vast amount of property was transported and to +which our citizens resorted in great numbers in passing between the +Atlantic and Pacific coasts of the United States. The protection of both +required that the existing power in that State should be regarded as a +responsible Government, and its minister was accordingly received. But he +remained here only a short time. Soon thereafter the political affairs of +Nicaragua underwent unfavorable change and became involved in much +uncertainty and confusion. Diplomatic representatives from two contending +parties have been recently sent to this Government, but with the imperfect +information possessed it was not possible to decide which was the +Government de facto, and, awaiting further developments, I have refused to +receive either. + +Questions of the most serious nature are pending between the United States +and the Republic of New Granada. The Government of that Republic undertook +a year since to impose tonnage duties on foreign vessels in her ports, but +the purpose was resisted by this Government as being contrary to existing +treaty stipulations with the United States and to rights conferred by +charter upon the Panama Railroad Company, and was accordingly refurbished +at that time, it being admitted that our vessels were entitled to be exempt +from tonnage duty in the free ports of Panama and Aspinwall. But the +purpose has been recently revived on the part of New Granada by the +enactment of a law to subject vessels visiting her ports to the tonnage +duty of 40 cents per ton, and although the law has not been put in force, +yet the right to enforce it is still asserted and may at any time be acted +on by the Government of that Republic. + +The Congress of New Granada has also enacted a law during the last year +which levies a tax of more than $3 on every pound of mail matter +transported across the Isthmus. The sum thus required to be paid on the +mails of the United States would be nearly $2,000,000 annually in addition +to the large sum payable by contract to the Panama Railroad Company. If the +only objection to this exaction were the exorbitancy of its amount, it +could not be submitted to by the United States. + +The imposition of it, however, would obviously contravene our treaty with +New Granada and infringe the contract of that Republic with the Panama +Railroad Company. The law providing for this tax was by its terms to take +effect on the 1st of September last, but the local authorities on the +Isthmus have been induced to suspend its execution and to await further +instructions on the subject from the Government of the Republic. I am not +yet advised of the determination of that Government. If a measure so +extraordinary in its character and so clearly contrary to treaty +stipulations and the contract rights of the Panama Railroad Company, +composed mostly of American citizens, should be persisted in, it will be +the duty of the United States to resist its execution. + +I regret exceedingly that occasion exists to invite your attention to a +subject of still graver import in our relations with the Republic of New +Granada. On the 15th day of April last a riotous assemblage of the +inhabitants of Panama committed a violent and outrageous attack on the +premises of the railroad company and the passengers and other persons in or +near the same, involving the death of several citizens of the United +States, the pillage of many others, and the destruction of a large amount +of property belonging to the railroad company. I caused full investigation +of that event to be made, and the result shows satisfactorily that complete +responsibility for what occurred attaches to the Government of New Granada. +I have therefore demanded of that Government that the perpetrators of the +wrongs in question should be punished; that provision should be made for +the families of citizens of the United States who were killed, with full +indemnity for the property pillaged or destroyed. + +The present condition of the Isthmus of Panama, in so far as regards the +security of persons and property passing over it, requires serious +consideration. Recent incidents tend to show that the local authorities can +not be relied on to maintain the public peace of Panama, and there is just +ground for apprehension that a portion of the inhabitants are meditating +further outrages, without adequate measures for the security and protection +of persons or property having been taken, either by the State of Panama or +by the General Government of New Granada. Under the guaranties of treaty, +citizens of the United States have, by the outlay of several million +dollars, constructed a railroad across the Isthmus, and it has become the +main route between our Atlantic and Pacific possessions, over which +multitudes of our citizens and a vast amount of property are constantly +passing; to the security and protection of all which and the continuance of +the public advantages involved it is impossible for the Government of the +United States to be indifferent. + +I have deemed the danger of the recurrence of scenes of lawless violence in +this quarter so imminent as to make it my duty to station a part of our +naval force in the harbors of Panama and Aspinwall, in order to protect the +persons and property of the citizens of the United States in those ports +and to insure to them safe passage across the Isthmus. And it would, in my +judgment, be unwise to withdraw the naval force now in those ports until, +by the spontaneous action of the Republic of New Granada or otherwise, some +adequate arrangement shall have been made for the protection and security +of a line of interoceanic communication, so important at this time not to +the United States only, but to all other maritime states, both of Europe +and America. + +Meanwhile negotiations have been instituted, by means of a special +commission, to obtain from New Granada full indemnity for injuries +sustained by our citizens on the Isthmus and satisfactory security for the +general interests of the United States. + +In addressing to you my last annual message the occasion seems to me an +appropriate one to express my congratulations, in view of the peace, +greatness, and felicity which the United States now possess and enjoy. To +point you to the state of the various Departments of the Government and of +all the great branches of the public service, civil and military, in order +to speak of the intelligence and the integrity which pervades the whole, +would be to indicate but imperfectly the administrative condition of the +country and the beneficial effects of that on the general welfare. Nor +would it suffice to say that the nation is actually at peace at home and +abroad; that its industrial interests are prosperous; that the canvas of +its mariners whitens every sea, and the plow of its husbandmen is marching +steadily onward to the bloodless conquest of the continent; that cities and +populous States are springing up, as if by enchantment, from the bosom of +oar Western wilds, and that the courageous energy of our people is making +of these United States the great Republic of the world. These results have +not been attained without passing through trials and perils, by experience +of which, and thus only, nations can harden into manhood. Our forefathers +were trained to the wisdom which conceived and the courage which achieved +independence by the circumstances which surrounded them, and they were thus +made capable of the creation of the Republic. It devolved on the next +generation to consolidate the work of the Revolution, to deliver the +country entirely from the influences of conflicting transatlantic +partialities or antipathies which attached to our colonial and +Revolutionary history, and to organize the practical operation of the +constitutional and legal institutions of the Union. To us of this +generation remains the not less noble task of maintaining and extending the +national power. We have at length reached that stage of our country's +career in which the dangers to be encountered and the exertions to be made +are the incidents, not of weakness, but of strength. In foreign relations +we have to attemper our power to the less happy condition of other +Republics in America and to place ourselves in the calmness and conscious +dignity of right by the side of the greatest and wealthiest of the Empires +of Europe. In domestic relations we have to guard against the shock of the +discontents, the ambitions, the interests, and the exuberant, and therefore +sometimes irregular, impulses of opinion or of action which are the natural +product of the present political elevation, the self-reliance, and the +restless spirit of enterprise of the people of the United States. + +I shall prepare to surrender the Executive trust to my successor and retire +to private life with sentiments of profound gratitude to the good +Providence which during the period of my Administration has vouchsafed to +carry the country through many difficulties, domestic and foreign, and +which enables me to contemplate the spectacle of amicable and respectful +relations between ours and all other governments and the establishment of +constitutional order and tranquillity throughout the Union. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY FRANKLIN PIERCE *** + +This file should be named supie10.txt or supie10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, supie11.txt +VERSIONS based on separate sources get new LETTER, supie10a.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. Thus, we usually do not +keep eBooks in compliance with any particular paper edition. + +We are now trying to release all our eBooks one year in advance +of the official release dates, leaving time for better editing. +Please be encouraged to tell us about any error or corrections, +even years after the official publication date. + +Please note neither this listing nor its contents are final til +midnight of the last day of the month of any such announcement. +The official release date of all Project Gutenberg eBooks is at +Midnight, Central Time, of the last day of the stated month. A +preliminary version may often be posted for suggestion, comment +and editing by those who wish to do so. + +Most people start at our Web sites at: +http://gutenberg.net or +http://promo.net/pg + +These Web sites include award-winning information about Project +Gutenberg, including how to donate, how to help produce our new +eBooks, and how to subscribe to our email newsletter (free!). + + +Those of you who want to download any eBook before announcement +can get to them as follows, and just download by date. This is +also a good way to get them instantly upon announcement, as the +indexes our cataloguers produce obviously take a while after an +announcement goes out in the Project Gutenberg Newsletter. + +http://www.ibiblio.org/gutenberg/etext04 or +ftp://ftp.ibiblio.org/pub/docs/books/gutenberg/etext04 + +Or /etext03, 02, 01, 00, 99, 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90 + +Just search by the first five letters of the filename you want, +as it appears in our Newsletters. + + +Information about Project Gutenberg (one page) + +We produce about two million dollars for each hour we work. The +time it takes us, a rather conservative estimate, is fifty hours +to get any eBook selected, entered, proofread, edited, copyright +searched and analyzed, the copyright letters written, etc. Our +projected audience is one hundred million readers. If the value +per text is nominally estimated at one dollar then we produce $2 +million dollars per hour in 2002 as we release over 100 new text +files per month: 1240 more eBooks in 2001 for a total of 4000+ +We are already on our way to trying for 2000 more eBooks in 2002 +If they reach just 1-2% of the world's population then the total +will reach over half a trillion eBooks given away by year's end. + +The Goal of Project Gutenberg is to Give Away 1 Trillion eBooks! +This is ten thousand titles each to one hundred million readers, +which is only about 4% of the present number of computer users. + +Here is the briefest record of our progress (* means estimated): + +eBooks Year Month + + 1 1971 July + 10 1991 January + 100 1994 January + 1000 1997 August + 1500 1998 October + 2000 1999 December + 2500 2000 December + 3000 2001 November + 4000 2001 October/November + 6000 2002 December* + 9000 2003 November* +10000 2004 January* + + +The Project Gutenberg Literary Archive Foundation has been created +to secure a future for Project Gutenberg into the next millennium. + +We need your donations more than ever! + +As of February, 2002, contributions are being solicited from people +and organizations in: Alabama, Alaska, Arkansas, Connecticut, +Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, +Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, +Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New +Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, +Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South +Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West +Virginia, Wisconsin, and Wyoming. + +We have filed in all 50 states now, but these are the only ones +that have responded. + +As the requirements for other states are met, additions to this list +will be made and fund raising will begin in the additional states. +Please feel free to ask to check the status of your state. + +In answer to various questions we have received on this: + +We are constantly working on finishing the paperwork to legally +request donations in all 50 states. If your state is not listed and +you would like to know if we have added it since the list you have, +just ask. + +While we cannot solicit donations from people in states where we are +not yet registered, we know of no prohibition against accepting +donations from donors in these states who approach us with an offer to +donate. + +International donations are accepted, but we don't know ANYTHING about +how to make them tax-deductible, or even if they CAN be made +deductible, and don't have the staff to handle it even if there are +ways. + +Donations by check or money order may be sent to: + +Project Gutenberg Literary Archive Foundation +PMB 113 +1739 University Ave. +Oxford, MS 38655-4109 + +Contact us if you want to arrange for a wire transfer or payment +method other than by check or money order. + +The Project Gutenberg Literary Archive Foundation has been approved by +the US Internal Revenue Service as a 501(c)(3) organization with EIN +[Employee Identification Number] 64-622154. Donations are +tax-deductible to the maximum extent permitted by law. As fund-raising +requirements for other states are met, additions to this list will be +made and fund-raising will begin in the additional states. + +We need your donations more than ever! + +You can get up to date donation information online at: + +http://www.gutenberg.net/donation.html + + +*** + +If you can't reach Project Gutenberg, +you can always email directly to: + +Michael S. Hart <hart@pobox.com> + +Prof. Hart will answer or forward your message. + +We would prefer to send you information by email. + + +**The Legal Small Print** + + +(Three Pages) + +***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN EBOOKS**START*** +Why is this "Small Print!" statement here? You know: lawyers. +They tell us you might sue us if there is something wrong with +your copy of this eBook, even if you got it for free from +someone other than us, and even if what's wrong is not our +fault. So, among other things, this "Small Print!" statement +disclaims most of our liability to you. It also tells you how +you may distribute copies of this eBook if you want to. + +*BEFORE!* YOU USE OR READ THIS EBOOK +By using or reading any part of this PROJECT GUTENBERG-tm +eBook, you indicate that you understand, agree to and accept +this "Small Print!" statement. If you do not, you can receive +a refund of the money (if any) you paid for this eBook by +sending a request within 30 days of receiving it to the person +you got it from. If you received this eBook on a physical +medium (such as a disk), you must return it with your request. + +ABOUT PROJECT GUTENBERG-TM EBOOKS +This PROJECT GUTENBERG-tm eBook, like most PROJECT GUTENBERG-tm eBooks, +is a "public domain" work distributed by Professor Michael S. Hart +through the Project Gutenberg Association (the "Project"). +Among other things, this means that no one owns a United States copyright +on or for this work, so the Project (and you!) can copy and +distribute it in the United States without permission and +without paying copyright royalties. Special rules, set forth +below, apply if you wish to copy and distribute this eBook +under the "PROJECT GUTENBERG" trademark. + +Please do not use the "PROJECT GUTENBERG" trademark to market +any commercial products without permission. + +To create these eBooks, the Project expends considerable +efforts to identify, transcribe and proofread public domain +works. Despite these efforts, the Project's eBooks and any +medium they may be on may contain "Defects". Among other +things, Defects may take the form of incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged +disk or other eBook medium, a computer virus, or computer +codes that damage or cannot be read by your equipment. + +LIMITED WARRANTY; DISCLAIMER OF DAMAGES +But for the "Right of Replacement or Refund" described below, +[1] Michael Hart and the Foundation (and any other party you may +receive this eBook from as a PROJECT GUTENBERG-tm eBook) disclaims +all liability to you for damages, costs and expenses, including +legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR +UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT, +INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE +OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE +POSSIBILITY OF SUCH DAMAGES. + +If you discover a Defect in this eBook within 90 days of +receiving it, you can receive a refund of the money (if any) +you paid for it by sending an explanatory note within that +time to the person you received it from. If you received it +on a physical medium, you must return it with your note, and +such person may choose to alternatively give you a replacement +copy. If you received it electronically, such person may +choose to alternatively give you a second opportunity to +receive it electronically. + +THIS EBOOK IS OTHERWISE PROVIDED TO YOU "AS-IS". NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS +TO THE EBOOK OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. + +Some states do not allow disclaimers of implied warranties or +the exclusion or limitation of consequential damages, so the +above disclaimers and exclusions may not apply to you, and you +may have other legal rights. + +INDEMNITY +You will indemnify and hold Michael Hart, the Foundation, +and its trustees and agents, and any volunteers associated +with the production and distribution of Project Gutenberg-tm +texts harmless, from all liability, cost and expense, including +legal fees, that arise directly or indirectly from any of the +following that you do or cause: [1] distribution of this eBook, +[2] alteration, modification, or addition to the eBook, +or [3] any Defect. + +DISTRIBUTION UNDER "PROJECT GUTENBERG-tm" +You may distribute copies of this eBook electronically, or by +disk, book or any other medium if you either delete this +"Small Print!" and all other references to Project Gutenberg, +or: + +[1] Only give exact copies of it. Among other things, this + requires that you do not remove, alter or modify the + eBook or this "small print!" statement. You may however, + if you wish, distribute this eBook in machine readable + binary, compressed, mark-up, or proprietary form, + including any form resulting from conversion by word + processing or hypertext software, but only so long as + *EITHER*: + + [*] The eBook, when displayed, is clearly readable, and + does *not* contain characters other than those + intended by the author of the work, although tilde + (~), asterisk (*) and underline (_) characters may + be used to convey punctuation intended by the + author, and additional characters may be used to + indicate hypertext links; OR + + [*] The eBook may be readily converted by the reader at + no expense into plain ASCII, EBCDIC or equivalent + form by the program that displays the eBook (as is + the case, for instance, with most word processors); + OR + + [*] You provide, or agree to also provide on request at + no additional cost, fee or expense, a copy of the + eBook in its original plain ASCII form (or in EBCDIC + or other equivalent proprietary form). + +[2] Honor the eBook refund and replacement provisions of this + "Small Print!" statement. + +[3] Pay a trademark license fee to the Foundation of 20% of the + gross profits you derive calculated using the method you + already use to calculate your applicable taxes. If you + don't derive profits, no royalty is due. Royalties are + payable to "Project Gutenberg Literary Archive Foundation" + the 60 days following each date you prepare (or were + legally required to prepare) your annual (or equivalent + periodic) tax return. Please contact us beforehand to + let us know your plans and to work out the details. + +WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO? +Project Gutenberg is dedicated to increasing the number of +public domain and licensed works that can be freely distributed +in machine readable form. + +The Project gratefully accepts contributions of money, time, +public domain materials, or royalty free copyright licenses. +Money should be paid to the: +"Project Gutenberg Literary Archive Foundation." + +If you are interested in contributing scanning equipment or +software or other items, please contact Michael Hart at: +hart@pobox.com + +[Portions of this eBook's header and trailer may be reprinted only +when distributed free of all fees. Copyright (C) 2001, 2002 by +Michael S. Hart. Project Gutenberg is a TradeMark and may not be +used in any sales of Project Gutenberg eBooks or other materials be +they hardware or software or any other related product without +express permission.] + +*END THE SMALL PRINT! FOR PUBLIC DOMAIN EBOOKS*Ver.02/11/02*END* diff --git a/old/supie10.zip b/old/supie10.zip Binary files differnew file mode 100644 index 0000000..6e063fd --- /dev/null +++ b/old/supie10.zip diff --git a/old/supie11.txt b/old/supie11.txt new file mode 100644 index 0000000..6446195 --- /dev/null +++ b/old/supie11.txt @@ -0,0 +1,4333 @@ +The Project Gutenberg EBook of State of the Union Addresses +by Franklin Pierce +(#13 in our series of US Presidential State of the Union Addresses) + +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. 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 Franklin Pierce + +Author: Franklin Pierce + +Release Date: February, 2004 [EBook #5022] +[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 FRANKLIN PIERCE *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by Franklin Pierce in this eBook: + December 5, 1853 + December 4, 1854 + December 31, 1855 + December 2, 1856 + + + +*** + +State of the Union Address +Franklin Pierce +December 5, 1853 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The interest with which the people of the Republic anticipate the +assembling of Congress and the fulfillment on that occasion of the duty +imposed upon a new President is one of the best evidences of their capacity +to realize the hopes of the founders of a political system at once complex +and symmetrical. While the different branches of the Government are to a +certain extent independent of each other, the duties of all alike have +direct reference to the source of power. Fortunately, under this system no +man is so high and none so humble in the scale of public station as to +escape from the scrutiny or to be exempt from the responsibility which all +official functions imply. + +Upon the justice and intelligence of the masses, in a government thus +organized, is the sole reliance of the confederacy and the only security +for honest and earnest devotion to its interests against the usurpations +and encroachment of power on the one hand and the assaults of personal +ambition on the other. + +The interest of which I have spoken is inseparable from an inquiring, +self-governing community, but stimulated, doubtless, at the present time by +the unsettled condition of our relations with several foreign powers, by +the new obligations resulting from a sudden extension of the field of +enterprise, by the spirit with which that field has been entered and the +amazing energy with which its resources for meeting the demands of humanity +have been developed. + +Although disease, assuming at one time the characteristics of a widespread +and devastating pestilence, has left its sad traces upon some portions of +our country, we have still the most abundant cause for reverent +thankfulness to God for an accumulation of signal mercies showered upon us +as a nation. It is well that a consciousness of rapid advancement and +increasing strength be habitually associated with an abiding sense of +dependence upon Him who holds in His hands the destiny of men and of +nations. + +Recognizing the wisdom of the broad principle of absolute religious +toleration proclaimed in our fundamental law, and rejoicing in the benign +influence which it has exerted upon our social and political condition, I +should shrink from a clear duty did I fail to express my deepest conviction +that we can place no secure reliance upon any apparent progress if it be +not sustained by national integrity, resting upon the great truths affirmed +and illustrated by divine revelation. In the midst of our sorrow for the +afflicted and suffering, it has been consoling to see how promptly disaster +made true neighbors of districts and cities separated widely from each +other, and cheering to watch the strength of that common bond of +brotherhood which unites all hearts, in all parts of this Union, when +danger threatens from abroad or calamity impends over us at home. + +Our diplomatic relations with foreign powers have undergone no essential +change since the adjournment of the last Congress. With some of them +questions of a disturbing character are still pending, but there are good +reasons to believe that these may all be amicably adjusted. For some years +past Great Britain has so construed the first article of the convention of +the 20th of April, 1818, in regard to the fisheries on the northeastern +coast, as to exclude our citizens from some of the fishing grounds to which +they freely resorted for nearly a quarter of a century subsequent to the +date of that treaty. The United States have never acquiesced in this +construction, but have always claimed for their fishermen all the rights +which they had so long enjoyed without molestation. With a view to remove +all difficulties on the subject, to extend the rights of our fishermen +beyond the limits fixed by the convention of 1818, and to regulate trade +between the United States and the British North American Provinces, a +negotiation has been opened with a fair prospect of a favorable result. To +protect our fishermen in the enjoyment of their rights and prevent +collision between them and British fishermen, I deemed it expedient to +station a naval force in that quarter during the fishing season. + +Embarrassing questions have also arisen between the two Governments in +regard to Central America. Great Britain has proposed to settle them by an +amicable arrangement, and our minister at London is instructed to enter +into negotiations on that subject. A commission for adjusting the claims of +our citizens against Great Britain and those of British subjects against +the United States, organized under the convention of the 8th of February +last, is now sitting in London for the transaction of business. It is in +many respects desirable that the boundary line between the United States +and the British Provinces in the northwest, as designated in the convention +of the 15th of June, 1846, and especially that part which separates the +Territory of Washington from the British possessions on the north, should +be traced and marked. I therefore present the subject to your notice. + +With France our relations continue on the most friendly footing. The +extensive commerce between the United States and that country might, it is +conceived, be released from some unnecessary restrictions to the mutual +advantage of both parties. With a view to this object, some progress has +been made in negotiating a treaty of commerce and navigation. + +Independently of our valuable trade with Spain, we have important political +relations with her growing out of our neighborhood to the islands of Cuba +and Porto Rico. I am happy to announce that since the last Congress no +attempts have been made by unauthorized expeditions within the United +States against either of those colonies. Should any movement be manifested +within our limits, all the means at my command will be vigorously exerted +to repress it. Several annoying occurrences have taken place at Havana, or +in the vicinity of the island of Cuba, between our citizens and the Spanish +authorities. Considering the proximity of that island to our shores, lying, +as it does, in the track of trade between some of our principal cities, and +the suspicious vigilance with which foreign intercourse, particularly that +with the United States, is there guarded, a repetition of such occurrences +may well be apprehended. + +As no diplomatic intercourse is allowed between our consul at Havana and +the Captain-General of Cuba, ready explanations can not be made or prompt +redress afforded where injury has resulted. All complaint on the part of +our citizens under the present arrangement must be, in the first place, +presented to this Government and then referred to Spain. Spain again refers +it to her local authorities in Cuba for investigation, and postpones an +answer till she has heard from those authorities. To avoid these irritating +and vexatious delays, a proposition has been made to provide for a direct +appeal for redress to the Captain-General by our consul in behalf of our +injured fellow-citizens. Hitherto the Government of Spain has declined to +enter into any such arrangement. This course on her part is deeply +regretted, for without some arrangement of this kind the good understanding +between the two countries may be exposed to occasional interruption. Our +minister at Madrid is instructed to renew the proposition and to press it +again upon the consideration of Her Catholic Majesty's Government. + +For several years Spain has been calling the attention of this Government +to a claim for losses by some of her subjects in the case of the schooner +Amistad. This claim is believed to rest on the obligations imposed by our +existing treaty with that country. Its justice was admitted in our +diplomatic correspondence with the Spanish Government as early as March, +1847, and one of my predecessors, in his annual message of that year, +recommended that provision should be made for its payment. In January last +it was again submitted to Congress by the Executive. It has received a +favorable consideration by committees of both branches, but as yet there +has been no final action upon it. I conceive that good faith requires its +prompt adjustment, and I present it to your early and favorable +consideration. + +Martin Koszta, a Hungarian by birth, came to this country in 1850, and +declared his intention in due form of law to become a citizen of the United +States. After remaining here nearly two years he visited Turkey. While at +Smyrna he was forcibly seized, taken on board an Austrian brig of war then +lying in the harbor of that place, and there confined in irons, with the +avowed design to take him into the dominions of Austria. Our consul at +Smyrna and legation at Constantinople interposed for his release, but their +efforts were ineffectual. While thus in prison Commander Ingraham, with the +United States ship of war St. Louis, arrived at Smyrna, and after inquiring +into the circumstances of the case came to the conclusion that Koszta was +entitled to the protection of this Government, and took energetic and +prompt measures for his release. Under an arrangement between the agents of +the United States and of Austria, he was transferred to the custody of the +French consul-general at Smyrna, there to remain until he should be +disposed of by the mutual agreement of the consuls of the respective +Governments at that place. Pursuant to that agreement, he has been +released, and is now in the United States. The Emperor of Austria has made +the conduct of our officers who took part in this transaction a subject of +grave complaint. Regarding Koszta as still his subject, and claiming a +right to seize him within the limits of the Turkish Empire, he has demanded +of this Government its consent to the surrender of the prisoner, a +disavowal of the acts of its agents, and satisfaction for the alleged +outrage. After a careful consideration of the case I came to the conclusion +that Koszta was seized without legal authority at Smyrna; that he was +wrongfully detained on board of the Austrian brig of war; that at the time +of his seizure he was clothed with the nationality of the United States, +and that the acts of our officers, under the circumstances of the case, +were justifiable, and their conduct has been fully approved by me, and a +compliance with the several demands of the Emperor of Austria has been +declined. + +For a more full account of this transaction and my views in regard to it I +refer to the correspondence between the charge d'affaires of Austria and +the Secretary of State, which is herewith transmitted. The principles and +policy therein maintained on the part of the United States will, whenever a +proper occasion occurs, be applied and enforced. + +The condition of China at this time renders it probable that some important +changes will occur in that vast Empire which will lead to a more +unrestricted intercourse with it. The commissioner to that country who has +been recently appointed is instructed to avail himself of all occasions to +open and extend our commercial relations, not only with the Empire of +China, but with other Asiatic nations. + +In 1852 an expedition was sent to Japan, under the command of Commodore +Perry, for the purpose of opening commercial intercourse with that Empire. +Intelligence has been received of his arrival there and of his having made +known to the Emperor of Japan the object of his visit. But it is not yet +ascertained how far the Emperor will be disposed to abandon his restrictive +policy and open that populous country to a commercial intercourse with the +United States. + +It has been my earnest desire to maintain friendly intercourse with the +Governments upon this continent and to aid them in preserving good +understanding among themselves. With Mexico a dispute has arisen as to the +true boundary line between our Territory of New Mexico and the Mexican +State of Chihuahua. A former commissioner of the United States, employed in +running that line pursuant to the treaty of Guadalupe Hidalgo, made a +serious mistake in determining the initial point on the Rio Grande; but +inasmuch as his decision was clearly a departure from the directions for +tracing the boundary contained in that treaty, and was not concurred in by +the surveyor appointed on the part of the United States, whose concurrence +was necessary to give validity to that decision, this Government is not +concluded thereby; but that of Mexico takes a different view of the +subject. + +There are also other questions of considerable magnitude pending between +the two Republics. Our minister in Mexico has ample instructions to adjust +them. Negotiations have been opened, but sufficient progress has not been +made therein to enable me to speak of the probable result. Impressed with +the importance of maintaining amicable relations with that Republic and of +yielding with liberality to all her just claims, it is reasonable to expect +that an arrangement mutually satisfactory to both countries may be +concluded and a lasting friendship between them confirmed and perpetuated. + +Congress having provided for a full mission to the States of Central +America, a minister was sent thither in July last. As yet he has had time +to visit only one of these States (Nicaragua), where he was received in the +most friendly manner. It is hoped that his presence and good offices will +have a benign effect in composing the dissensions which prevail among them, +and in establishing still more intimate and friendly relations between them +respectively and between each of them and the United States. + +Considering the vast regions of this continent and the number of states +which would be made accessible by the free navigation of the river Amazon, +particular attention has been given to this subject. Brazil, through whose +territories it passes into the ocean, has hitherto persisted in a policy so +restricted in regard to the use of this river as to obstruct and nearly +exclude foreign commercial intercourse with the States which lie upon its +tributaries and upper branches. Our minister to that country is instructed +to obtain a relaxation of that policy and to use his efforts to induce the +Brazilian Government to open to common use, under proper safeguards, this +great natural highway for international trade. Several of the South +American States are deeply interested in this attempt to secure the free +navigation of the Amazon, and it is reasonable to expect their cooperation +in the measure. As the advantages of free commercial intercourse among +nations are better understood, more liberal views are generally entertained +as to the common rights of all to the free use of those means which nature +has provided for international communication. To these more liberal and +enlightened views it is hoped that Brazil will conform her policy and +remove all unnecessary restrictions upon the free use of a river which +traverses so many states and so large a part of the continent. I am happy +to inform you that the Republic of Paraguay and the Argentine Confederation +have yielded to the liberal policy still resisted by Brazil in regard to +the navigable rivers within their respective territories. Treaties +embracing this subject, among others, have been negotiated with these +Governments, which will be submitted to the Senate at the present session. + +A new branch of commerce, important to the agricultural interests of the +United States, has within a few years past been opened with Peru. +Notwithstanding the inexhaustible deposits of guano upon the islands of +that country, considerable difficulties are experienced in obtaining the +requisite supply. Measures have been taken to remove these difficulties and +to secure a more abundant importation of the article. Unfortunately, there +has been a serious collision between our citizens who have resorted to the +Chincha Islands for it and the Peruvian authorities stationed there. +Redress for the outrages committed by the latter was promptly demanded by +our minister at Lima. This subject is now under consideration, and there is +reason to believe that Peru is disposed to offer adequate indemnity to the +aggrieved parties. We are thus not only at peace with all foreign +countries, but, in regard to political affairs, are exempt from any cause +of serious disquietude in our domestic relations. + +The controversies which have agitated the country heretofore are passing +away with the causes which produced them and the passions which they had +awakened; or, if any trace of them remains, it may be reasonably hoped that +it will only be perceived in the zealous rivalry of all good citizens to +testify their respect for the rights of the States, their devotion to the +Union, and their common determination that each one of the States, its +institutions, its welfare, and its domestic peace, shall be held alike +secure under the sacred aegis of the Constitution. This new league of amity +and of mutual confidence and support into which the people of the Republic +have entered happily affords inducement and opportunity for the adoption of +a more comprehensive and unembarrassed line of policy and action as to the +great material interests of the country, whether regarded in themselves or +in connection with the powers of the civilized world. + +The United States have continued gradually and steadily to expand through +acquisitions of territory, which, how much soever some of them may have +been questioned, are now universally seen and admitted to have been wise in +policy, just in character, and a great element in the advancement of our +country, and with it of the human race, in freedom, in prosperity, and in +happiness. The thirteen States have grown to be thirty-one, with relations +reaching to Europe on the one side and on the other to the distant realms +of Asia. + +I am deeply sensible of the immense responsibility which the present +magnitude of the Republic and the diversity and multiplicity of its +interests devolves upon me, the alleviation of which so far as relates to +the immediate conduct of the public business, is, first, in my reliance on +the wisdom and patriotism of the two Houses of Congress, and, secondly, in +the directions afforded me by the principles of public polity affirmed by +our fathers of the epoch of 1798, sanctioned by long experience, and +consecrated anew by the overwhelming voice of the people of the United +States. + +Recurring to these principles, which constitute the organic basis of union, +we perceive that vast as are the functions and the duties of the Federal +Government, vested in or intrusted to its three great departments--the +legislative, executive, and judicial--yet the substantive power, the +popular force, and the large capacities for social and material development +exist in the respective States, which, all being of themselves +well-constituted republics, as they preceded so they alone are capable of +maintaining and perpetuating the American Union. The Federal Government has +its appropriate line of action in the specific and limited powers conferred +on it by the Constitution, chiefly as to those things in which the States +have a common interest in their relations to one another and to foreign +governments, while the great mass of interests which belong to cultivated +men--the ordinary business of life, the springs of industry, all the +diversified personal and domestic affairs of society--rest securely upon +the general reserved powers of the people of the several States. There is +the effective democracy of the nation, and there the vital essence of its +being and its greatness. + +Of the practical consequences which flow from the nature of the Federal +Government, the primary one is the duty of administering with integrity and +fidelity the high trust reposed in it by the Constitution, especially in +the application of the public funds as drawn by taxation from the people +and appropriated to specific objects by Congress. + +Happily, I have no occasion to suggest any radical changes in the financial +policy of the Government. Ours is almost, if not absolutely, the solitary +power of Christendom having a surplus revenue drawn immediately from +imposts on commerce, and therefore measured by the spontaneous enterprise +and national prosperity of the country, with such indirect relation to +agriculture, manufactures, and the products of the earth and sea as to +violate no constitutional doctrine and yet vigorously promote the general +welfare. Neither as to the sources of the public treasure nor as to the +manner of keeping and managing it does any grave controversy now prevail, +there being a general acquiescence in the wisdom of the present system. + +The report of the Secretary of the Treasury will exhibit in detail the +state of the public finances and the condition of the various branches of +the public service administered by that Department of the Government. + +The revenue of the country, levied almost insensibly to the taxpayer, goes +on from year to year, increasing beyond either the interests or the +prospective wants of the Government. + +At the close of the fiscal year ending June 30, 1852, there remained in the +Treasury a balance of $14,632,136. The public revenue for the fiscal year +ending June 30, 1853, amounted to $58,931,865 from customs and to +$2,405,708 from public lands and other miscellaneous sources, amounting +together to $61,337,574, while the public expenditures for the same period, +exclusive of payments on account of the public debt, amounted to +$43,554,262, leaving a balance of $32,425,447 of receipts above +expenditures. + +This fact of increasing surplus in the Treasury became the subject of +anxious consideration at a very early period of my Administration, and the +path of duty in regard to it seemed to me obvious and clear, namely: First, +to apply the surplus revenue to the discharge of the public debt so far as +it could judiciously be done, and, secondly, to devise means for the +gradual reduction of the revenue to the standard of the public exigencies. + +Of these objects the first has been in the course of accomplishment in a +manner and to a degree highly satisfactory. The amount of the public debt +of all classes was on the 4th of March, 1853, $69,190,037, payments on +account of which have been made since that period to the amount of +$12,703,329, leaving unpaid and in continuous course of liquidation the sum +of $56,486,708. These payments, although made at the market price of the +respective classes of stocks, have been effected readily and to the general +advantage of the Treasury, and have at the same time proved of signal +utility in the relief they have incidentally afforded to the money market +and to the industrial and commercial pursuits of the country. + +The second of the above-mentioned objects, that of the reduction of the +tariff, is of great importance, and the plan suggested by the Secretary of +the Treasury, which is to reduce the duties on certain articles and to add +to the free list many articles now taxed, and especially such as enter into +manufactures and are not largely, or at all, produced in the country, is +commended to your candid and careful consideration. + +You will find in the report of the Secretary of the Treasury, also, +abundant proof of the entire adequacy of the present fiscal system to meet +all the requirements of the public service, and that, while properly +administered, it operates to the advantage of the community in ordinary +business relations. + +I respectfully ask your attention to sundry suggestions of improvements in +the settlement of accounts, especially as regards the large sums of +outstanding arrears due to the Government, and of other reforms in the +administrative action of his Department which are indicated by the +Secretary; as also to the progress made in the construction of marine +hospitals, custom-houses, and of a new mint in California and assay office +in the city of New York, heretofore provided for by Congress, and also to +the eminently successful progress of the Coast Survey and of the Light +House Board. + +Among the objects meriting your attention will be important recommendations +from the Secretaries of War and Navy. I am fully satisfied that the Navy of +the United States is not in a condition of strength and efficiency +commensurate with the magnitude of our commercial and other interests, and +commend to your especial attention the suggestions on this subject made by +the Secretary of the Navy. I respectfully submit that the Army, which under +our system must always be regarded with the highest interest as a nucleus +around which the volunteer forces of the nation gather in the hour of +danger, requires augmentation, or modification, to adapt it to the present +extended limits and frontier relations of the country and the condition of +the Indian tribes in the interior of the continent, the necessity of which +will appear in the communications of the Secretaries of War and the +Interior. + +In the administration of the Post-Office Department for the fiscal year +ending June 30, 1853, the gross expenditure was $7,982,756, and the gross +receipts during the same period $5,942,734, showing that the current +revenue failed to meet the current expenses of the Department by the sum of +$2,042,032. The causes which, under the present postal system and laws, led +inevitably to this result are fully explained by the report of the +Postmaster-General, one great cause being the enormous rates the Department +has been compelled to pay for mail service rendered by railroad companies. + +The exhibit in the report of the Postmaster-General of the income and +expenditures by mail steamers will be found peculiarly interesting and of a +character to demand the immediate action of Congress. + +Numerous and flagrant frauds upon the Pension Bureau have been brought to +light within the last year, and in some instances merited punishments +inflicted; but, unfortunately, in others guilty parties have escaped, not +through the want of sufficient evidence to warrant a conviction, but in +consequence of the provisions of limitation in the existing laws. + +From the nature of these claims, the remoteness of the tribunals to pass +upon them, and the mode in which the proof is of necessity furnished, +temptations to crime have been greatly stimulated by the obvious +difficulties of detection. The defects in the law upon this subject are so +apparent and so fatal to the ends of justice that your early action +relating to it is most desirable. + +During the last fiscal year 9,819,411 acres of the public lands have been +surveyed and 10,363,891 acres brought into market. Within the same period +the sales by public purchase and private entry amounted to 1,083,495 acres; +located under military bountys and warrants, 6,142,360 acres; located under +other certificates, 9,427 acres; ceded to the States as swamp lands, +16,684,253 acres; selected for railroad and other objects under acts of +Congress, 1,427,457 acres: total amount of lands disposed of within the +fiscal year, 25,346,992 acres, which is an increase in quantity sold and +located under land warrants and grants of 12,231, 818 acres over the fiscal +year immediately preceding. The quantity of land sold during the second and +third quarters of 1852 was 334,451 acres; the amount received therefor was +$623,687. The quantity sold the second and third quarters of the year 1853 +was 1,609,919 acres, and the amount received therefor $2,226,876. + +The whole number of land warrants issued under existing laws prior to the +30th of September last was 266,042, of which there were outstanding at that +date 66,947. The quantity of land required to satisfy these outstanding +warrants is 4,778,120 acres. Warrants have been issued to 30th of September +last under the act of 11th February, 1847, calling for 12,879,280 acres, +under acts of September 28, 1850, and March 22, 1852, calling for +12,505,360 acres, making a total of 25,384,640 acres. + +It is believed that experience has verified the wisdom and justice of the +present system with regard to the public domain in most essential +particulars. + +You will perceive from the report of the Secretary of the Interior that +opinions which have often been expressed in relation to the operation of +the land system as not being a source of revenue to the Federal Treasury +were erroneous. The net profits from the sale of the public lands to June +30, 1853, amounted to the sum of $53,289,465. + +I recommend the extension of the land system over the Territories of Utah +and New Mexico, with such modifications as their peculiarities may +require. + +Regarding our public domain as chiefly valuable to provide homes for the +industrious and enterprising, I am not prepared to recommend any essential +change in the land system, except by modifications in favor of the actual +settler and an extension of the preemption principle in certain cases, for +reasons and on grounds which will be fully developed in the reports to be +laid before you. + +Congress, representing the proprietors of the territorial domain and +charged especially with power to dispose of territory belonging to the +United States, has for a long course of years, beginning with the +Administration of Mr. Jefferson, exercised the power to construct roads +within the Territories, and there are so many and obvious distinctions +between this exercise of power and that of making roads within the States +that the former has never been considered subject to such objections as +apply to the latter; and such may now be considered the settled +construction of the power of the Federal Government upon the subject. + +Numerous applications have been and no doubt will continue to be made for +grants of land in aid of the construction of railways. It is not believed +to be within the intent and meaning of the Constitution that the power to +dispose of the public domain should be used otherwise than might be +expected from a prudent proprietor and therefore that grants of land to aid +in the construction of roads should be restricted to cases where it would +be for the interest of a proprietor under like circumstances thus to +contribute to the construction of these works. For the practical operation +of such grants thus far in advancing the interests of the States in which +the works are located, and at the same time the substantial interests of +all the other States, by enhancing the value and promoting the rapid sale +of the public domain, I refer you to the report of the Secretary of the +Interior. A careful examination, however, will show that this experience is +the result of a just discrimination and will be far from affording +encouragement to a reckless or indiscriminate extension of the principle. + +I commend to your favorable consideration the men of genius of our country +who by their inventions and discoveries in science and arts have +contributed largely to the improvements of the age without, in many +instances, securing for themselves anything like an adequate reward. For +many interesting details upon this subject I refer you to the appropriate +reports, and especially urge upon your early attention the apparently +slight, but really important, modifications of existing laws therein +suggested. + +The liberal spirit which has so long marked the action of Congress in +relation to the District of Columbia will, I have no doubt, continue to be +manifested. + +The erection of an asylum for the insane of the District of Columbia and of +the Army and Navy of the United States has been somewhat retarded by the +great demand for materials and labor during the past summer, but full +preparation for the reception of patients before the return of another +winter is anticipated; and there is the best reason to believe, from the +plan and contemplated arrangements which have been devised, with the large +experience furnished within the last few years in relation to the nature +and treatment of the disease, that it will prove an asylum indeed to this +most helpless and afflicted class of sufferers and stand as a noble +monument of wisdom and mercy. Under the acts of Congress of August 31, +1852, and of March 3, 1853, designed to secure for the cities of Washington +and Georgetown an abundant supply of good and wholesome water, it became my +duty to examine the report and plans of the engineer who had charge of the +surveys under the act first named. The best, if not the only, plan +calculated to secure permanently the object sought was that which +contemplates taking the water from the Great Falls of the Potomac, and +consequently I gave to it my approval. + +For the progress and present condition of this important work and for its +demands so far as appropriations are concerned I refer you to the report of +the Secretary of War. + +The present judicial system of the United States has now been in operation +for so long a period of time and has in its general theory and much of its +details become so familiar to the country and acquired so entirely the +public confidence that if modified in any respect it should only be in +those particulars which may adapt it to the increased extent, population, +and legal business of the United States. In this relation the organization +of the courts is now confessedly inadequate to the duties to be performed +by them, in consequence of which the States of Florida, Wisconsin, Iowa, +Texas, and California, and districts of other States, are in effect +excluded from the full benefits of the general system by the functions of +the circuit court being devolved on the district judges in all those States +or parts of States. The spirit of the Constitution and a due regard to +justice require that all the States of the Union should be placed on the +same footing in regard to the judicial tribunals. I therefore commend to +your consideration this important subject, which in my judgment demands the +speedy action of Congress. I will present to you, if deemed desirable, a +plan which I am prepared to recommend for the enlargement and modification +of the present judicial system. + +The act of Congress establishing the Smithsonian Institution provided that +the President of the United States and other persons therein designated +should constitute an "establishment" by that name, and that the members +should hold stated and special meetings for the supervision of the affairs +of the Institution. The organization not having taken place, it seemed to +me proper that it should be effected without delay. This has been done; and +an occasion was thereby presented for inspecting the condition of the +Institution and appreciating its successful progress thus far and its high +promise of great and general usefulness. + +I have omitted to ask your favorable consideration for the estimates of +works of a local character in twenty-seven of the thirty-one States, +amounting to $1,754,500, because, independently of the grounds which have +so often been urged against the application of the Federal revenue for +works of this character, inequality, with consequent injustice, is inherent +in the nature of the proposition, and because the plan has proved entirely +inadequate to the accomplishment of the objects sought. + +The subject of internal improvements, claiming alike the interest and good +will of all, has, nevertheless, been the basis of much political discussion +and has stood as a deep-graven line of division between statesmen of +eminent ability and patriotism. The rule of strict construction of all +powers delegated by the States to the General Government has arrayed itself +from time to time against the rapid progress of expenditures from the +National Treasury on works of a local character within the States. +Memorable as an epoch in the history of this subject is the message of +President Jackson of the 27th of May, 1830, which met the system of +internal improvements in its comparative infancy; but so rapid had been its +growth that the projected appropriations in that year for works of this +character had risen to the alarming amount of more than $100,000,000 + +In that message the President admitted the difficulty of bringing back the +operations of the Government to the construction of the Constitution set up +in 1798, and marked it as an admonitory proof of the necessity of guarding +that instrument with sleepless vigilance against the authority of +precedents which had not the sanction of its most plainly defined powers. + +Our Government exists under a written compact between sovereign States, +uniting for specific objects and with specific grants to their general +agent. If, then, in the progress of its administration there have been +departures from the terms and intent of the compact, it is and will ever be +proper to refer back to the fixed standard which our fathers left us and to +make a stern effort to conform our action to it. It would seem that the +fact of a principle having been resisted from the first by many of the +wisest and most patriotic men of the Republic, and a policy having provoked +constant strife without arriving at a conclusion which can be regarded as +satisfactory to its most earnest advocates, should suggest the inquiry +whether there may not be a plan likely to be crowned by happier results. +Without perceiving any sound distinction or intending to assert any +principle as opposed to improvements needed for the protection of internal +commerce which does not equally apply to improvements upon the seaboard for +the protection of foreign commerce, I submit to you whether it may not be +safely anticipated that if the policy were once settled against +appropriations by the General Government for local improvements for the +benefit of commerce, localities requiring expenditures would not, by modes +and means clearly legitimate and proper, raise the fund necessary for such +constructions as the safety or other interests of their commerce might +require. + +If that can be regarded as a system which in the experience of mere than +thirty years has at no time so commanded the public judgment as to give it +the character of a settled policy; which, though it has produced some works +of conceded importance, has been attended with an expenditure quite +disproportionate to their value and has resulted in squandering large sums +upon objects which have answered no valuable purpose, the interests of all +the States require it to be abandoned unless hopes may be indulged for the +future which find no warrant in the past. + +With an anxious desire for the completion of the works which are regarded +by all good citizens with sincere interest, I have deemed it my duty to ask +at your hands a deliberate reconsideration of the question, with a hope +that, animated by a desire to promote the permanent and substantial +interests of the country, your wisdom may prove equal to the task of +devising and maturing a plan which, applied to this subject, may promise +something better than constant strife, the suspension of the powers of +local enterprise, the exciting of vain hopes, and the disappointment of +cherished expectations. + +In expending the appropriations made by the last Congress several cases +have arisen in relation to works for the improvement of harbors which +involve questions as to the right of soil and jurisdiction, and have +threatened conflict between the authority of the State and General +Governments. The right to construct a breakwater, jetty, or dam would seem +necessarily to carry with it the power to protect and preserve such +constructions. This can only be effectually done by having jurisdiction +over the soil. But no clause of the Constitution is found on which to rest +the claim of the United States to exercise jurisdiction over the soil of a +State except that conferred by the eighth section of the first article of +the Constitution. It is, then, submitted whether, in all cases where +constructions are to be erected by the General Government, the right of +soil should not first be obtained and legislative provision be made to +cover all such cases. For the progress made in the construction of roads +within the Territories, as provided for in the appropriations of the last +Congress, I refer you to the report of the Secretary of War. + +There is one subject of a domestic nature which, from its intrinsic +importance and the many interesting questions of future policy which it +involves, can not fail to receive your early attention. I allude to the +means of communication by which different parts of the wide expanse of our +country are to be placed in closer connection for purposes both of defense +and commercial intercourse, and more especially such as appertain to the +communication of those great divisions of the Union which lie on the +opposite sides of the Rocky Mountains. That the Government has not been +unmindful of this heretofore is apparent from the aid it has afforded +through appropriations for mail facilities and other purposes. But the +general subject will now present itself under aspects more imposing and +more purely national by reason of the surveys ordered by Congress, and now +in the process of completion, for communication by railway across the +continent, and wholly within the limits of the United States. + +The power to declare war, to raise and support armies, to provide and +maintain a navy, and to call forth the militia to execute the laws, +suppress insurrections, and repel invasions was conferred upon Congress as +means to provide for the common defense and to protect a territory and a +population now widespread and vastly multiplied. As incidental to and +indispensable for the exercise of this power, it must sometimes be +necessary to construct military roads and protect harbors of refuge. To +appropriations by Congress for such objects no sound objection can be +raised. Happily for our country, its peaceful policy and rapidly increasing +population impose upon us no urgent necessity for preparation, and leave +but few trackless deserts between assailable points and a patriotic people +ever ready and generally able to protect them. These necessary links the +enterprise and energy of our people are steadily and boldly struggling to +supply. All experience affirms that wherever private enterprise will avail +it is most wise for the General Government to leave to that and individual +watchfulness the location and execution of all means of communication. + +The surveys before alluded to were designed to ascertain the most +practicable and economical route for a railroad from the river Mississippi +to the Pacific Ocean. Parties are now in the field making explorations, +where previous examinations had not supplied sufficient data and where +there was the best reason to hope the object sought might be found. The +means and time being both limited, it is not to be expected that all the +accurate knowledge desired will be obtained, but it is hoped that much and +important information will be added to the stock previously possessed, and +that partial, if not full, reports of the surveys ordered will be received +in time for transmission to the two Houses of Congress on or before the +first Monday in February next, as required by the act of appropriation. The +magnitude of the enterprise contemplated has aroused and will doubtless +continue to excite a very general interest throughout the country. In its +political, its commercial, and its military bearings it has varied, great, +and increasing claims to consideration. The heavy expense, the great delay, +and, at times, fatality attending travel by either of the Isthmus routes +have demonstrated the advantage which would result from interterritorial +communication by such safe and rapid means as a railroad would supply. + +These difficulties, which have been encountered in a period of peace, would +be magnified and still further increased in time of war. But whilst the +embarrassments already encountered and others under new contingencies to be +anticipated may serve strikingly to exhibit the importance of such a work, +neither these nor all considerations combined can have an appreciable value +when weighed against the obligation strictly to adhere to the Constitution +and faithfully to execute the powers it confers. + +Within this limit and to the extent of the interest of the Government +involved it would seem both expedient and proper if an economical and +practicable route shall be found to aid by all constitutional means in the +construction of a road which will unite by speedy transit the populations +of the Pacific and Atlantic States. To guard against misconception, it +should be remarked that although the power to construct or aid in the +construction of a road within the limits of a Territory is not embarrassed +by that question of jurisdiction which would arise within the limits of a +State, it is, nevertheless, held to be of doubtful power and more than +doubtful propriety, even within the limits of a Territory, for the General +Government to undertake to administer the affairs of a railroad, a canal, +or other similar construction, and therefore that its connection with a +work of this character should be incidental rather than primary. I will +only add at present that, fully appreciating the magnitude of the subject +and solicitous that the Atlantic and Pacific shores of the Republic may be +bound together by inseparable ties of common interest, as well as of common +fealty and attachment to the Union, I shall be disposed, so far as my own +action is concerned, to follow the lights of the Constitution as expounded +and illustrated by those whose opinions and expositions constitute the +standard of my political faith in regard to the powers of the Federal +Government. It is, I trust, not necessary to say that no grandeur of +enterprise and no present urgent inducement promising popular favor will +lead me to disregard those lights or to depart from that path which +experience has proved to be safe, and which is now radiant with the glow of +prosperity and legitimate constitutional progress. We can afford to wait, +but we can not afford to overlook the ark of our security. + +It is no part of my purpose to give prominence to any subject which may +properly be regarded as set at rest by the deliberate judgment of the +people. But while the present is bright with promise and the future full of +demand and inducement for the exercise of active intelligence, the past can +never be without useful lessons of admonition and instruction. If its +dangers serve not as beacons, they will evidently fail to fulfill the +object of a wise design. When the grave shall have closed over all who are +now endeavoring to meet the obligations of duty, the year 1850 will be +recurred to as a period filled with anxious apprehension. A successful war +had just terminated. Peace brought with it a vast augmentation of +territory. Disturbing questions arose bearing upon the domestic +institutions of one portion of the Confederacy and involving the +constitutional rights of the States. But notwithstanding differences of +opinion and sentiment which then existed in relation to details and +specific provisions, the acquiescence of distinguished citizens, whose +devotion to the Union can never be doubted, has given renewed vigor to our +institutions and restored a sense of repose and security to the public mind +throughout the Confederacy. That this repose is to suffer no shock during +my official term, if I have power to avert it, those who placed me here may +be assured. The wisdom of men who knew what independence cost, who had put +all at stake upon the issue of the Revolutionary struggle, disposed of the +subject to which I refer in the only way consistent with the Union of these +States and with the march of power and prosperity which has made us what we +are. It is a significant fact that from the adoption of the Constitution +until the officers and soldiers of the Revolution had passed to their +graves, or, through the infirmities of age and wounds, had ceased to +participate actively in public affairs, there was not merely a quiet +acquiescence in, but a prompt vindication of, the constitutional rights of +the States. The reserved powers were scrupulously respected. No statesman +put forth the narrow views of casuists to justify interference and +agitation, but the spirit of the compact was regarded as sacred in the eye +of honor and indispensable for the great experiment of civil liberty, +which, environed by inherent difficulties, was yet borne forward in +apparent weakness by a power superior to all obstacles. There is no +condemnation which the voice of freedom will not pronounce upon us should +we prove faithless to this great trust. While men inhabiting different +parts of this vast continent can no more be expected to hold the same +opinions or entertain the same sentiments than every variety of climate or +soil can be expected to furnish the same agricultural products, they can +unite in a common object and sustain common principles essential to the +maintenance of that object. The gallant men of the South and the North +could stand together during the struggle of the Revolution; they could +stand together in the more trying period which succeeded the clangor of +arms. As their united valor was adequate to all the trials of the camp and +dangers of the field, so their united wisdom proved equal to the greater +task of founding upon a deep and broad basis institutions which it has been +our privilege to enjoy and will ever be our most sacred duty to sustain. It +is but the feeble expression of a faith strong and universal to say that +their sons, whose blood mingled so often upon the same field during the War +of 1812 and who have more recently borne in triumph the flag of the country +upon a foreign soil, will never permit alienation of feeling to weaken the +power of their united efforts nor internal dissensions to paralyze the +great arm of freedom, uplifted for the vindication of self-government. + +I have thus briefly presented such suggestions as seem to me especially +worthy of your consideration. In providing for the present you can hardly +fail to avail yourselves of the light which the experience of the past +casts upon the future. + +The growth of our population has now brought us, in the destined career of +our national history, to a point at which it well behooves us to expand our +vision over the vast prospective. + +The successive decennial returns of the census since the adoption of the +Constitution have revealed a law of steady, progressive development, which +may be stated in general terms as a duplication every quarter century. +Carried forward from the point already reached for only a short period of +time, as applicable to the existence of a nation, this law of progress, if +unchecked, will bring us to almost incredible results. A large allowance +for a diminished proportional effect of emigration would not very +materially reduce the estimate, while the increased average duration of +human life known to have already resulted from the scientific and hygienic +improvements of the past fifty years will tend to keep up through the next +fifty, or perhaps hundred, the same ratio of growth which has been thus +revealed in our past progress; and to the influence of these causes may be +added the influx of laboring masses from eastern Asia to the Pacific side +of our possessions, together with the probable accession of the populations +already existing in other parts of our hemisphere, which within the period +in question will feel with yearly increasing force the natural attraction +of so vast, powerful, and prosperous a confederation of self-governing +republics and will seek the privilege of being admitted within its safe and +happy bosom, transferring with themselves, by a peaceful and healthy +process of incorporation, spacious regions of virgin and exuberant soil, +which are destined to swarm with the fast growing and fast-spreading +millions of our race. + +These considerations seem fully to justify the presumption that the law of +population above stated will continue to act with undiminished effect +through at least the next half century, and that thousands of persons who +have already arrived at maturity and are now exercising the rights of +freemen will close their eyes on the spectacle of more than 100,000,000 of +population embraced within the majestic proportions of the American Union. +It is not merely as an interesting topic of speculation that I present +these views for your consideration. They have important practical bearings +upon all the political duties we are called upon to perform. Heretofore our +system of government has worked on what may be termed a miniature scale in +comparison with the development which it must thus assume within a future +so near at hand as scarcely to be beyond the present of the existing +generation. + +It is evident that a confederation so vast and so varied, both in numbers +and in territorial extent, in habits and in interests, could only be kept +in national cohesion by the strictest fidelity to the principles of the +Constitution as understood by those who have adhered to the most restricted +construction of the powers granted by the people and the States. +Interpreted and applied according to those principles, the great compact +adapts itself with healthy ease and freedom to an unlimited extension of +that benign system of federative self-government of which it is our +glorious and, I trust, immortal charter. Let us, then, with redoubled +vigilance, be on our guard against yielding to the temptation of the +exercise of doubtful powers, even under the pressure of the motives of +conceded temporary advantage and apparent temporary expediency. The minimum +of Federal government compatible with the maintenance of national unity and +efficient action in our relations with the rest of the world should afford +the rule and measure of construction of our powers under the general +clauses of the Constitution. A spirit of strict deference to the sovereign +rights and dignity of every State, rather than a disposition to subordinate +the States into a provincial relation to the central authority, should +characterize all our exercise of the respective powers temporarily vested +in us as a sacred trust from the generous confidence of our constituents. + +In like manner, as a manifestly indispensable condition of the perpetuation +of the Union and of the realization of that magnificent national future +adverted to, does the duty become yearly stronger and clearer upon us, as +citizens of the several States, to cultivate a fraternal and affectionate +spirit, language, and conduct in regard to other States and in relation to +the varied interests, institutions, and habits of sentiment and opinion +which may respectively characterize them. Mutual forbearance, respect, and +noninterference in our personal action as citizens and an enlarged exercise +of the most liberal principles of comity in the public dealings of State +with State, whether in legislation or in the execution of laws, are the +means to perpetuate that confidence and fraternity the decay of which a +mere political union, on so vast a scale, could not long survive. + +In still another point of view is an important practical duty suggested by +this consideration of the magnitude of dimensions to which our political +system, with its corresponding machinery of government, is so rapidly +expanding. With increased vigilance does it require us to cultivate the +cardinal virtues of public frugality and official integrity and purity. +Public affairs ought to be so conducted that a settled conviction shall +pervade the entire Union that nothing short of the highest tone and +standard of public morality marks every part of the administration and +legislation of the General Government. Thus will the federal system, +whatever expansion time and progress may give it, continue more and more +deeply rooted in the love and confidence of the people. + +That wise economy which is as far removed from parsimony as from corrupt +and corrupting extravagance; that single regard for the public good which +will frown upon all attempts to approach the Treasury with insidious +projects of private interest cloaked under public pretexts; that sound +fiscal administration which, in the legislative department, guards against +the dangerous temptations incident to overflowing revenue, and, in the +executive, maintains an unsleeping watchfulness against the tendency of all +national expenditure to extravagance, while they are admitted elementary +political duties, may, I trust, be deemed as properly adverted to and urged +in view of the more impressive sense of that necessity which is directly +suggested by the considerations now presented. + +Since the adjournment of Congress the Vice-President of the United States +has passed from the scenes of earth, without having entered upon the duties +of the station to which he had been called by the voice of his countrymen. +Having occupied almost continuously for more than thirty years a seat in +one or the other of the two Houses of Congress, and having by his singular +purity and wisdom secured unbounded confidence and universal respect, his +failing health was watched by the nation with painful solicitude. His loss +to the country, under all the circumstances, has been justly regarded as +irreparable. + +In compliance with the act of Congress of March 2, 1853, the oath of office +was administered to him on the 24th of that month at Ariadne estate, near +Matanzas, in the island of Cuba; but his strength gradually declined, and +was hardly sufficient to enable him to return to his home in Alabama, +where, on the 18th day of April, in the most calm and peaceful way, his +long and eminently useful career was terminated. Entertaining unlimited +confidence in your intelligent and patriotic devotion to the public +interest, and being conscious of no motives on my part which are not +inseparable from the honor and advancement of my country, I hope it may be +my privilege to deserve and secure not only your cordial cooperation in +great public measures, but also those relations of mutual confidence and +regard which it is always so desirable to cultivate between members of +coordinate branches of the Government. + +*** + +State of the Union Address +Franklin Pierce +December 4, 1854 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The past has been an eventful year, and will be hereafter referred to as a +marked epoch in the history of the world. While we have been happily +preserved from the calamities of war, our domestic prosperity has not been +entirely uninterrupted. The crops in portions of the country have been +nearly cut off. Disease has prevailed to a greater extent than usual, and +the sacrifice of human life through casualties by sea and land is without +parallel. But the pestilence has swept by, and restored salubrity invites +the absent to their homes and the return of business to its ordinary +channels. If the earth has rewarded the labor of the husbandman less +bountifully than in preceding seasons, it has left him with abundance for +domestic wants and a large surplus for exportation. In the present, +therefore, as in the past, we find ample grounds for reverent thankfulness +to the God of grace and providence for His protecting care and merciful +dealings with us as a people. + +Although our attention has been arrested by painful interest in passing +events, yet our country feels no more than the slight vibrations of the +convulsions which have shaken Europe. As individuals we can not repress +sympathy with human suffering nor regret for the causes which produce it; +as a nation we are reminded that whatever interrupts the peace or checks +the prosperity of any part of Christendom tends more or less to involve our +own. The condition of States is not unlike that of individuals; they are +mutually dependent upon each other. Amicable relations between them and +reciprocal good will are essential for the promotion of whatever is +desirable in their moral, social, and political condition. Hence it has +been my earnest endeavor to maintain peace and friendly intercourse with +all nations. + +The wise theory of this Government, so early adopted and steadily pursued, +of avoiding all entangling alliances has hitherto exempted it from many +complications in which it would otherwise have become involved. +Notwithstanding this our clearly defined and well-sustained course of +action and our geographical position, so remote from Europe, increasing +disposition has been manifested by some of its Governments to supervise and +in certain respects to direct our foreign policy. In plans for adjusting +the balance of power among themselves they have assumed to take us into +account, and would constrain us to conform our conduct to their views. One +or another of the powers of Europe has from time to time undertaken to +enforce arbitrary regulations contrary in many respects to established +principles of international law. That law the United States have in their +foreign intercourse uniformly respected and observed, and they can not +recognize any such interpolations therein as the temporary interests of +others may suggest. They do not admit that the sovereigns of one continent +or of a particular community of states can legislate for all others. + +Leaving the transatlantic nations to adjust their political system in the +way they may think best for their common welfare, the independent powers of +this continent may well assert the right to be exempt from all annoying +interference on their part. Systematic abstinence from intimate political +connection with distant foreign nations does not conflict with giving the +widest range to our foreign commerce. This distinction, so clearly marked +in history, seems to have been overlooked or disregarded by some leading +foreign states. Our refusal to be brought within and subjected to their +peculiar system has, I fear, created a jealous distrust of our conduct and +induced on their part occasional acts of disturbing effect upon our foreign +relations. Our present attitude and past course give assurances, which +should not be questioned, that our purposes are not aggressive nor +threatening to the safety and welfare of other nations. Our military +establishment in time of peace is adapted to maintain exterior defenses and +to preserve order among the aboriginal tribes within the limits of the +Union. Our naval force is intended only for the protection of our citizens +abroad and of our commerce, diffused, as it is, over all the seas of the +globe. The Government of the United States, being essentially pacific in +policy, stands prepared to repel invasion by the voluntary service of a +patriotic people, and provides no permanent means of foreign aggression. +These considerations should allay all apprehension that we are disposed to +encroach on the rights or endanger the security of other states. + +Some European powers have regarded with disquieting concern the territorial +expansion of the United States. This rapid growth has resulted from the +legitimate exercise of sovereign rights belonging alike to all nations, and +by many liberally exercised. Under such circumstances it could hardly have +been expected that those among them which have within a comparatively +recent period subdued and absorbed ancient kingdoms, planted their +standards on every continent, and now possess or claim the control of the +islands of every ocean as their appropriate domain would look with +unfriendly sentiments upon the acquisitions of this country, in every +instance honorably obtained, or would feel themselves justified in imputing +our advancement to a spirit of aggression or to a passion for political +predominance. Our foreign commerce has reached a magnitude and extent +nearly equal to that of the first maritime power of the earth, and +exceeding that of any other. Over this great interest, in which not only +our merchants, but all classes of citizens, at least indirectly, are +concerned, it is the duty of the executive and legislative branches of the +Government to exercise a careful supervision and adopt proper measures for +its protection. The policy which I had in view in regard to this interest +embraces its future as well as its present security. Long experience has +shown that, in general, when the principal powers of Europe are engaged in +war the rights of neutral nations are endangered. This consideration led, +in the progress of the War of our Independence, to the formation of the +celebrated confederacy of armed neutrality, a primary object of which was +to assert the doctrine that free ships make free goods, except in the case +of articles contraband of war--a doctrine which from the very commencement +of our national being has been a cherished idea of the statesmen of this +country. At one period or another every maritime power has by some solemn +treaty stipulation recognized that principle, and it might have been hoped +that it would come to be universally received and respected as a rule of +international law. But the refusal of one power prevented this, and in the +next great war which ensued--that of the French Revolution--it failed to be +respected among the belligerent States of Europe. Notwithstanding this, the +principle is generally admitted to be a sound and salutary one, so much so +that at the commencement of the existing war in Europe Great Britain and +France announced their purpose to observe it for the present; not, however, +as a recognized international fight, but as a mere concession for the time +being. The cooperation, however, of these two powerful maritime nations in +the interest of neutral rights appeared to me to afford an occasion +inviting and justifying on the part of the United States a renewed effort +to make the doctrine in question a principle of international law, by means +of special conventions between the several powers of Europe and America. +Accordingly, a proposition embracing not only the rule that free ships make +free goods, except contraband articles, but also the less contested one +that neutral property other than contraband, though on board enemy's ships, +shall be exempt from confiscation, has been submitted by this Government to +those of Europe and America. + +Russia acted promptly in this matter, and a convention was concluded +between that country and the United States providing for the observance of +the principles announced, not only as between themselves, but also as +between them and all other nations which shall enter into like +stipulations. None of the other powers have as yet taken final action on +the subject. I am not aware, however, that any objection to the proposed +stipulations has been made, but, on the contrary, they are acknowledged to +be essential to the security of neutral commerce, and the only apparent +obstacle to their general adoption is in the possibility that it may be +encumbered by inadmissible conditions. The King of the Two Sicilies has +expressed to our minister at Naples his readiness to concur in our +proposition relative to neutral rights and to enter into a convention on +that subject. + +The King of Prussia entirely approves of the project of a treaty to the +same effect submitted to him, but proposes an additional article providing +for the renunciation of privateering. Such an article, for most obvious +reasons, is much desired by nations having naval establishments large in +proportion to their foreign commerce. If it were adopted as an +international rule, the commerce of a nation having comparatively a small +naval force would be very much at the mercy of its enemy in case of war +with a power of decided naval superiority. The bare statement of the +condition in which the United States would be placed, after having +surrendered the right to resort to privateers, in the event of war with a +belligerent of naval supremacy will show that this Government could never +listen to such a proposition. The navy of the first maritime power in +Europe is at least ten times as large as that of the United States. The +foreign commerce of the two countries is nearly equal, and about equally +exposed to hostile depredations. In war between that power and the United +States, without resort on our part to our mercantile marine the means of +our enemy to inflict injury upon our commerce would be tenfold greater than +ours to retaliate. We could not extricate our country from this unequal +condition, with such an enemy, unless we at once departed from our present +peaceful policy and became a great naval power. Nor would this country be +better situated in war with one of the secondary naval powers. Though the +naval disparity would be less, the greater extent and more exposed +condition of our widespread commerce would give any of them a like +advantage over us. + +The proposition to enter into engagements to forego a resort to privateers +in case this country should be forced into war with a great naval power is +not entitled to more favorable consideration than would be a proposition to +agree not to accept the services of volunteers for operations on land. When +the honor or the rights of our country require it to assume a hostile +attitude, it confidently relies upon the patriotism of its citizens, not +ordinarily devoted to the military profession, to augment the Army and the +Navy so as to make them fully adequate to the emergency which calls them +into action. The proposal to surrender the right to employ privateers is +professedly founded upon the principle that private property of unoffending +noncombatants, though enemies, should be exempt from the ravages of war; +but the proposed surrender goes but little way in carrying out that +principle, which equally requires that such private property should not be +seized or molested by national ships of war. Should the leading powers of +Europe concur in proposing as a rule of international law to exempt private +property upon the ocean from seizure by public armed cruisers as well as by +privateers, the United States will readily meet them upon that broad +ground. + +Since the adjournment of Congress the ratifications of the treaty between +the United States and Great Britain relative to coast fisheries and to +reciprocal trade with the British North American Provinces have been +exchanged, and some of its anticipated advantages are already enjoyed by +us, although its full execution was to abide certain acts of legislation +not yet fully performed. So soon as it was ratified Great Britain opened to +our commerce the free navigation of the river St. Lawrence and to our +fishermen unmolested access to the shores and bays, from which they had +been previously excluded, on the coasts of her North American Provinces; in +return for which she asked for the introduction free of duty into the ports +of the United States of the fish caught on the same coast by British +fishermen. This being the compensation stipulated in the treaty for +privileges of the highest importance and value to the United States, which +were thus voluntarily yielded before it became effective, the request +seemed to me to be a reasonable one; but it could not be acceded to from +want of authority to suspend our laws imposing duties upon all foreign +fish. In the meantime the Treasury Department issued a regulation for +ascertaining the duties paid or secured by bonds on fish caught on the +coasts of the British Provinces and brought to our markets by British +subjects after the fishing grounds had been made fully accessible to the +citizens of the United States. I recommend to your favorable consideration +a proposition, which will be submitted to you, for authority to refund the +duties and cancel the bonds thus received. The Provinces of Canada and New +Brunswick have also anticipated the full operation of the treaty by +legislative arrangements, respectively, to admit free of duty the products +of the United States mentioned in the free list of the treaty; and an +arrangement similar to that regarding British fish has been made for duties +now chargeable on the products of those Provinces enumerated in the same +free list and introduced therefrom into the United States, a proposition +for refunding which will, in my judgment, be in like manner entitled to +your favorable consideration. + +There is difference of opinion between the United States and Great Britain +as to the boundary line of the Territory of Washington adjoining the +British possessions on the Pacific, which has already led to difficulties +on the part of the citizens and local authorities of the two Governments I +recommend that provision he made for a commission, to be joined by one on +the part of Her Britannic Majesty, for the purpose of running and +establishing the line in controversy. Certain stipulations of the third and +fourth articles of the treaty concluded by the United States and Great +Britain in 1846, regarding possessory rights of the Hudsons Bay Company and +property of the Pugets Sound Agricultural Company, have given rise to +serious disputes, and it is important to all concerned that summary means +of settling them amicably should be devised. I have reason to believe that +an arrangement can be made on just terms for the extinguishment of the +rights in question, embracing also the right of the Hudsons Bay Company to +the navigation of the river Columbia; and I therefore suggest to your +consideration the expediency of making a contingent appropriation for that +purpose. + +France was the early and efficient ally of the United States in their +struggle for independence. From that time to the present, with occasional +slight interruptions, cordial relations of friendship have existed between +the Governments and people of the two countries. The kindly sentiments +cherished alike by both nations have led to extensive social and commercial +intercourse, which I trust will not be interrupted or checked by any casual +event of an apparently unsatisfactory character. The French consul at San +Francisco was not long since brought into the United States district court +at that place by compulsory process as a witness in favor of another +foreign consul, in violation, as the French Government conceives, of his +privileges under our consular convention with France. There being nothing +in the transaction which could imply any disrespect to France or its +consul, such explanation has been made as, I hope, will be satisfactory. +Subsequently misunderstanding arose on the subject of the French Government +having, as it appeared, abruptly excluded the American minister to Spain +from passing through France on his way from London to Madrid. But that +Government has unequivocally disavowed any design to deny the right of +transit to the minister of the United States, and after explanations to +this effect he has resumed his journey and actually returned through France +to Spain. I herewith lay before Congress the correspondence on this subject +between our envoy at Paris and the minister of foreign relations of the +French Government. + +The position of our affairs with Spain remains as at the close of the last +session. Internal agitation, assuming very nearly the character of +political revolution, has recently convulsed that country. The late +ministers were violently expelled from power, and men of very different +views in relation to its internal affairs have succeeded. Since this change +there has been no propitious opportunity to resume and press on +negotiations for the adjustment of serious questions of difficulty between +the Spanish Government and the United States. There is reason to believe +that our minister will find the present Government more favorably inclined +than the preceding to comply with our just demands and to make suitable +arrangements for restoring harmony and preserving peace between the two +countries. + +Negotiations are pending with Denmark to discontinue the practice of +levying tolls on our vessels and their cargoes passing through the Sound. I +do not doubt that we can claim exemption therefrom as a matter of right. It +is admitted on all hands that this exaction is sanctioned, not by the +general principles of the law of nations, but only by special conventions +which most of the commercial nations have entered into with Denmark. The +fifth article of our treaty of 1826 with Denmark provides that there shall +not be paid on the vessels of the United States and their cargoes when +passing through the Sound higher duties than those of the most favored +nations. This may be regarded as an implied agreement to submit to the +tolls during the continuance of the treaty, and consequently may embarrass +the assertion of our right to be released therefrom. There are also other +provisions in the treaty which ought to be modified. It was to remain in +force for ten years and until one year after either party should give +notice to the other of intention to terminate it. I deem it expedient that +the contemplated notice should be given to the Government of Denmark. + +The naval expedition dispatched about two years since for the purpose of +establishing relations with the Empire of Japan has been ably and +skillfully conducted to a successful termination by the officer to whom it +was intrusted. A treaty opening certain of the ports of that populous +country has been negotiated, and in order to give full effect thereto it +only remains to exchange ratifications and adopt requisite commercial +regulations. + +The treaty lately concluded between the United States and Mexico settled +some of our most embarrassing difficulties with that country, but numerous +claims upon it for wrongs and injuries to our citizens remained unadjusted, +and many new cases have been recently added to the former list of +grievances. Our legation has been earnest in its endeavors to obtain from +the Mexican Government a favorable consideration of these claims, but +hitherto without success. This failure is probably in some measure to be +ascribed to the disturbed condition of that country. It has been my anxious +desire to maintain friendly relations with the Mexican Republic and to +cause its rights and territories to be respected, not only by our citizens, +but by foreigners who have resorted to the United States for the purpose of +organizing hostile expeditions against some of the States of that Republic. +The defenseless condition in which its frontiers have been left has +stimulated lawless adventurers to embark in these enterprises and greatly +increased the difficulty of enforcing our obligations of neutrality. +Regarding it as my solemn duty to fulfill efficiently these obligations not +only toward Mexico, but other foreign nations, I have exerted all the +powers with which I am invested to defeat such proceedings and bring to +punishment those who by taking a part therein violated our laws. The energy +and activity of our civil and military authorities have frustrated the +designs of those who meditated expeditions of this character except in two +instances. One of these, composed of foreigners, was at first countenanced +and aided by the Mexican Government itself, it having been deceived as to +their real object. The other, small in number, eluded the vigilance of the +magistrates at San Francisco and succeeded in reaching the Mexican +territories; but the effective measures taken by this Government compelled +the abandonment of the undertaking. + +The commission to establish the new line between the United States and +Mexico, according to the provisions of the treaty of the 30th of December +last, has been organized, and the work is already commenced. + +Our treaties with the Argentine Confederation and with the Republics of +Uruguay and Paraguay secure to us the free navigation of the river La Plata +and some of its larger tributaries, but the same success has not attended +our endeavors to open the Amazon. The reasons in favor of the free use of +that river I had occasion to present fully in a former message, and, +considering the cordial relations which have long existed between this +Government and Brazil, it may be expected that pending negotiations will +eventually reach a favorable result. + +Convenient means of transit between the several parts of a country are not +only desirable for the objects of commercial and personal communication, +but essential to its existence under one government. Separated, as are the +Atlantic and Pacific coasts of the United States, by the whole breadth of +the continent, still the inhabitants of each are closely bound together by +community of origin and institutions and by strong attachment to the Union. +Hence the constant and increasing intercourse and vast interchange of +commercial productions between these remote divisions of the Republic. At +the present time the most practicable and only, commodious routes for +communication between them are by the way of the isthmus of Central +America. It is the duty of the Government to secure these avenues against +all danger of interruption. + +In relation to Central America, perplexing questions existed between the +United States and Great Britain at the time of the cession of California. +These, as well as questions which subsequently arose concerning +interoceanic communication across the Isthmus, were, as it was supposed, +adjusted by the treaty of April 19, 1850, but, unfortunately, they have +been reopened by serious misunderstanding as to the import of some or its +provisions, a readjustment of which is now under consideration. Our +minister at London has made strenuous efforts to accomplish this desirable +object, but has not yet found it possible to bring the negotiations to a +termination. + +As incidental to these questions, I deem it proper to notice an occurrence +which happened in Central America near the close of the last session of +Congress. So soon as the necessity was perceived of establishing +interoceanic communications across the Isthmus a company was organized, +under the authority of the State of Nicaragua, but composed for the most +part of citizens of the United States, for the purpose of opening such a +transit way by the river San Juan and Lake Nicaragua, which soon became an +eligible and much used route in the transportation of our citizens and +their property between the Atlantic and Pacific. Meanwhile, and in +anticipation of the completion and importance of this transit way, a number +of adventurers had taken possession of the old Spanish port at the mouth of +the river San Juan in open defiance of the State or States of Central +America, which upon their becoming independent had rightfully succeeded to +the local sovereignty and jurisdiction of Spain. These adventurers +undertook to change the name of the place from San Juan del Norte to +Greytown, and though at first pretending to act as the subjects of the +fictitious sovereign of the Mosquito Indians, they subsequently repudiated +the control of any power whatever, assumed to adopt a distinct political +organization, and declared themselves an independent sovereign state. If at +some time a faint hope was entertained that they might become a stable and +respectable community, that hope soon vanished. They proceeded to assert +unfounded claims to civil jurisdiction over Punta Arenas, a position on the +opposite side of the river San Juan, which was in possession, under a title +wholly independent of them, of citizens of the United States interested in +the Nicaragua Transit Company, and which was indispensably necessary to the +prosperous operation of that route across the Isthmus. The company resisted +their groundless claims, whereupon they proceeded to destroy some of its +buildings and attempted violently to dispossess it. + +At a later period they organized a strong force for the purpose of +demolishing the establishment at Punta Arenas, but this mischievous design +was defeated by the interposition of one of our ships of war at that time +in the harbor of San Juan. Subsequently to this, in May last, a body of men +from Greytown crossed over to Punta Arenas, arrogating authority to arrest +on the charge of murder a captain of one of the steamboats of the Transit +Company. Being well aware that the claim to exercise jurisdiction there +would be resisted then, as it had been on previous occasions, they went +prepared to assert it by force of arms. Our minister to Central America +happened to be present on that occasion. Believing that the captain of the +steamboat was innocent (for he witnessed the transaction on which the +charge was founder), and believing also that the intruding party, having no +jurisdiction over the place where they proposed to make the arrest, would +encounter desperate resistance if they persisted in their purpose, he +interposed, effectually, to prevent violence and bloodshed. The American +minister afterwards visited Greytown, and whilst he was there a mob, +including certain of the so-called public functionaries of the place, +surrounded the house in which he was, avowing that they had come to arrest +him by order of some person exercising the chief authority. While parleying +with them he was wounded by a missile from the crowd. A boat dispatched +from the American steamer Northern Light to release him from the perilous +situation in which he was understood to be was fired into by the town guard +and compelled to return. These incidents, together with the known character +of the population of Greytown and their excited state, induced just +apprehensions that the lives and property of our citizens at Punta Arenas +would be in imminent danger after the departure of the steamer, with her +passengers, for New York, unless a guard was left for their protection. For +this purpose, and in order to insure the safety of passengers and property +passing over the route, a temporary force was organized, at considerable +expense to the United States, for which provision was made at the last +session of Congress. + +This pretended community, a heterogeneous assemblage gathered from various +countries, and composed for the most part of blacks and persons of mixed +blood, had previously given other indications of mischievous and dangerous +propensities. Early in the same month property was clandestinely abstracted +from the depot of the Transit Company and taken to Greytown. The plunderers +obtained shelter there and their pursuers were driven back by its people, +who not only protected the wrongdoers and shared the plunder, but treated +with rudeness and violence those who sought to recover their property. + +Such, in substance, are the facts submitted to my consideration, and proved +by trustworthy evidence. I could not doubt that the case demanded the +interposition of this Government. Justice required that reparation should +be made for so many and such gross wrongs, and that a course of insolence +and plunder, tending directly to the insecurity of the lives of numerous +travelers and of the rich treasure belonging to our citizens passing over +this transit way, should be peremptorily arrested. Whatever it might be in +other respects, the community in question, in power to do mischief, was not +despicable. It was well provided with ordnance, small arms, and ammunition, +and might easily seize on the unarmed boats, freighted with millions of +property, which passed almost daily within its reach. It did not profess to +belong to any regular government, and had, in fact, no recognized +dependence on or connection with anyone to which the United States or their +injured citizens might apply for redress or which could be held responsible +in any way for the outrages committed. Not standing before the world in the +attitude of an organized political society, being neither competent to +exercise the rights nor to discharge the obligations of a government, it +was, in fact, a marauding establishment too dangerous to be disregarded and +too guilty to pass unpunished, and yet incapable of being treated in any +other way than as a piratical resort of outlaws or a camp of savages +depredating on emigrant trains or caravans and the frontier settlements of +civilized states. + +Seasonable notice was given to the people of Greytown that this Government +required them to repair the injuries they had done to our citizens and to +make suitable apology for their insult of our minister, and that a ship of +war would be dispatched thither to enforce compliance with these demands. +But the notice passed unheeded. Thereupon a commander of the Navy, in +charge of the sloop of war Cyane, was ordered to repeat the demands and to +insist upon a compliance therewith. Finding that neither the populace nor +those assuming to have authority over them manifested any disposition to +make the required reparation, or even to offer excuse for their conduct, he +warned them by a public proclamation that if they did not give satisfaction +within a time specified he would bombard the town. By this procedure he +afforded them opportunity to provide for their personal safety. To those +also who desired to avoid loss of property in the punishment about to be +inflicted on the offending town he furnished the means of removing their +effects by the boats of his own ship and of a steamer which he procured and +tendered to them for that purpose. At length, perceiving no disposition on +the part of the town to comply with his requisitions, he appealed to the +commander of Her Britannic Majesty's schooner Bermuda, who was seen to have +intercourse and apparently much influence with the leaders among them, to +interpose and persuade them to take some course calculated to save the +necessity of resorting to the extreme measure indicated in his +proclamation; but that officer, instead of acceding to the request, did +nothing more than to protest against the contemplated bombardment. No steps +of any sort were taken by the people to give the satisfaction required. No +individuals, if any there were, who regarded themselves as not responsible +for the misconduct of the community adopted any means to separate +themselves from the fate of the guilty. The several charges on which the +demands for redress were founded had been publicly known to all for some +time, and were again announced to them. They did not deny any of these +charges; they offered no explanation, nothing in extenuation of their +conduct, but contumaciously refused to hold any intercourse with the +commander of the Cyane. By their obstinate silence they seemed rather +desirous to provoke chastisement than to escape it. There is ample reason +to believe that this conduct of wanton defiance on their part is imputable +chiefly to the delusive idea that the American Government would be deterred +from punishing them through fear of displeasing a formidable foreign power, +which they presumed to think looked with complacency upon their aggressive +and insulting deportment toward the United States. The Cyane at length +fired upon the town. Before much injury had been done the fire was twice +suspended in order to afford opportunity for an arrangement, but this was +declined. Most of the buildings of the place, of little value generally, +were in the sequel destroyed, but, owing to the considerate precautions +taken by our naval commander, there was no destruction of life. + +When the Cyane was ordered to Central America, it was confidently hoped and +expected that no occasion would arise for "a resort to violence and +destruction of property and loss of life." Instructions to that effect were +given to her commander; and no extreme act would have been requisite had +not the people themselves, by their extraordinary conduct in the affair, +frustrated all the possible mild measures for obtaining satisfaction. A +withdrawal from the place, the object of his visit entirely defeated, would +under the circumstances in which the commander of the Cyane found himself +have been absolute abandonment of all claim of our citizens for +indemnification and submissive acquiescence in national indignity. It would +have encouraged in these lawless men a spirit of insolence and rapine most +dangerous to the lives and property of our citizens at Punta Arenas, and +probably emboldened them to grasp at the treasures and valuable merchandise +continually passing over the Nicaragua route. It certainly would have been +most satisfactory to me if the objects of the Cyane's mission could have +been consummated without any act of public force, but the arrogant +contumacy of the offenders rendered it impossible to avoid the alternative +either to break up their establishment or to leave them impressed with the +idea that they might persevere with impunity in a career of insolence and +plunder. + +This transaction has been the subject of complaint on the part of some +foreign powers, and has been characterized with more of harshness than of +justice. If comparisons were to be instituted, it would not be difficult to +present repeated instances in the history of states standing in the very +front of modern civilization where communities far less offending and more +defenseless than Greytown have been chastised with much greater severity, +and where not cities only have been laid in ruins, but human life has been +recklessly sacrificed and the blood of the innocent made profusely to +mingle with that of the guilty. + +Passing from foreign to domestic affairs, your attention is naturally +directed to the financial condition of the country, always a subject of +general interest. For complete and exact information regarding the finances +and the various branches of the public service connected therewith I refer +you to the report of the Secretary of the Treasury, from which it will +appear that the amount of revenue during the last fiscal year from all +sources was $73,549,705, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$51, 018,249. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $24,336,380. To +the sum total of the receipts of that year is to be added a balance +remaining in the Treasury at the commencement thereof, amounting to +$21,942,892; and at the close of the same year a corresponding balance, +amounting to $20,137,967, of receipts above expenditures also remained in +the Treasury. Although, in the opinion of the Secretary of the Treasury, +the receipts of the current fiscal year are not likely to equal in amount +those of the last, yet they will undoubtedly exceed the amount of +expenditures by at least $15,000,000. I shall therefore continue to direct +that the surplus revenue be applied, so far as it can be judiciously and +economically done, to the reduction of the public debt, the amount of which +at the commencement of the last fiscal year was $67,340,628; of which there +had been paid on the 20th day of November, 1854, the sum of $22,365,172, +leaving a balance of outstanding public debt of only $44,975,456, +redeemable at different periods within fourteen years. There are also +remnants of other Government stocks, most of which are already due, and on +which the interest has ceased, but which have not yet been presented for +payment, amounting to $233,179. This statement exhibits the fact that the +annual income of the Government greatly exceeds the amount of its public +debt, which latter remains unpaid only because the time of payment has not +yet matured, and it can not be discharged at once except at the option of +public creditors, who prefer to retain the securities of the United States; +and the other fact, not less striking, that the annual revenue from all +sources exceeds by many millions of dollars the amount needed for a prudent +and economical administration of the Government. + +The estimates presented to Congress from the different Executive +Departments at the last session amounted to $38,406,581 and the +appropriations made to the sum of $58,116,958. Of this excess of +appropriations over estimates, however, more than twenty millions was +applicable to extraordinary objects, having no reference to the usual +annual expenditures. Among these objects was embraced ten millions to meet +the third article of the treaty between the United States and Mexico; so +that, in fact, for objects of ordinary expenditure the appropriations were +limited to considerably less than $40,000,000. I therefore renew my +recommendation for a reduction of the duties on imports. The report of the +Secretary of the Treasury presents a series of tables showing the operation +of the revenue system for several successive years; and as the general +principle of reduction of duties with a view to revenue, and not +protection, may now be regarded as the settled policy of the country, I +trust that little difficulty will be encountered in settling the details of +a measure to that effect. + +In connection with this subject I recommend a change in the laws, which +recent experience has shown to be essential to the protection of the +Government. There is no express provision of law requiring the records and +papers of a public character of the several officers of the Government to +be left in their offices for the use of their successors, nor any provision +declaring it felony on their part to make false entries in the books or +return false accounts. In the absence of such express provision by law, the +outgoing officers in many instances have claimed and exercised the right to +take into their own possession important books and papers, on the ground +that these were their private property, and have placed them beyond the +reach of the Government. Conduct of this character, brought in several +instances to the notice of the present Secretary of the Treasury, naturally +awakened his suspicion, and resulted in the disclosure that at four +ports--namely, Oswego, Toledo, Sandusky, and Milwaukee--the Treasury had, +by false entries, been defrauded within the four years next preceding +March, 1853, of the sum of $198,000. The great difficulty with which the +detection of these frauds has been attended, in consequence of the +abstraction of books and papers by the retiring officers, and the facility +with which similar frauds in the public service may be perpetrated render +the necessity of new legal enactments in the respects above referred to +quite obvious. For other material modifications of the revenue laws which +seem to me desirable, I refer you to the report of the Secretary of the +Treasury. That report and the tables which accompany it furnish ample +proofs of the solid foundation on which the financial security of the +country rests and of the salutary influence of the independent-treasury +system upon commerce and all monetary operations. + +The experience of the last year furnishes additional reasons, I regret to +say, of a painful character, for the recommendation heretofore made to +provide for increasing the military force employed in the Territory +inhabited by the Indians. The settlers-on the frontier have suffered much +from the incursions of predatory bands, and large parties of emigrants to +our Pacific possessions have been massacred with impunity. The recurrence +of such scenes can only be prevented by teaching these wild tribes the +power of and their responsibility to the United States. From the garrisons +of our frontier posts it is only possible to detach troops in small bodies; +and though these have on all occasions displayed a gallantry and a stern +devotion to duty which on a larger field would have commanded universal +admiration, they have usually suffered severely in these conflicts with +superior numbers, and have sometimes been entirely sacrificed. All the +disposable force of the Army is already employed on this service, and is +known to be wholly inadequate to the protection which should be afforded. +The public mind of the country has been recently shocked by savage +atrocities committed upon defenseless emigrants and border settlements, and +hardly less by the unnecessary destruction of valuable lives where +inadequate detachments of troops have undertaken to furnish the needed aid. +Without increase of the military force these scenes will be repeated, it is +to be feared, on a larger scale and with more disastrous consequences. +Congress, I am sure, will perceive that the plainest duties and +responsibilities of Government are involved in this question, and I doubt +not that prompt action may be confidently anticipated when delay must be +attended by such fearful hazards. + +The bill of the last session providing for an increase of the pay of the +rank and file of the Army has had beneficial results, not only in +facilitating enlistments, but in obvious improvement in the class of men +who enter the service. I regret that corresponding consideration was not +bestowed on the officers, who, in view of their character and services and +the expenses to which they are necessarily subject, receive at present what +is, in my judgment, inadequate compensation. + +The valuable services constantly rendered by the Army and its inestimable +importance as the nucleus around which the volunteer forces of the nation +can promptly gather in the hour of danger, sufficiently attest the wisdom +of maintaining a military peace establishment; but the theory of our system +and the wise practice under it require that any proposed augmentation in +time of peace be only commensurate with our extended limits and frontier +relations. While scrupulously adhering to this principle, I find in +existing circumstances a necessity for increase of our military force, and +it is believed that four new regiments, two of infantry and two of mounted +men, will be sufficient to meet the present exigency. If it were necessary +carefully to weigh the cost in a case of such urgency, it would be shown +that the additional expense would be comparatively light. + +With the increase of the numerical force of the Army should, I think, be +combined certain measures of reform in its organic arrangement and +administration. The present organization is the result of partial +legislation often directed to special objects and interests; and the laws +regulating rank and command, having been adopted many years ago from the +British code, are not always applicable to our service. It is not +surprising, therefore, that the system should be deficient in the symmetry +and simplicity essential to the harmonious working of its several parts, +and require a careful revision. + +The present organization, by maintaining large staff corps or departments, +separates many officers from that close connection with troops and those +active duties in the field which are deemed requisite to qualify them for +the varied responsibilities of high command. Were the duties of the Army +staff mainly discharged by officers detached from their regiments, it is +believed that the special service would be equally well performed and the +discipline and instruction of the Army be improved. While due regard to the +security of the rights of officers and to the nice sense of honor which +should be cultivated among them would seem to exact compliance with the +established rule of promotion in ordinary cases, still it can hardly be +doubted that the range of promotion by selection, which is now practically +confined to the grade of general officers, might be somewhat extended with +benefit to the public service. Observance of the rule of seniority +sometimes leads, especially in time of peace, to the promotion of officers +who, after meritorious and even distinguished service, may have been +rendered by age or infirmity incapable of performing active duty, and whose +advancement, therefore, would tend to impair the efficiency of the Army. +Suitable provision for this class of officers, by the creation of a retired +list, would remedy the evil without wounding the just pride of men who by +past services have established a claim to high consideration. In again +commending this measure to the favorable consideration of Congress I would +suggest that the power of placing officers on the retired list be limited +to one year. The practical operation of the measure would thus be tested, +and if after the lapse of years there should be occasion to renew the +provision it can be reproduced with any improvements which experience may +indicate. The present organization of the artillery into regiments is +liable to obvious objections. The service of artillery is that of +batteries, and an organization of batteries into a corps of artillery would +be more consistent with the nature of their duties. A large part of the +troops now called artillery are, and have been, on duty as infantry, the +distinction between the two arms being merely nominal. This nominal +artillery in our service is disproportionate to the whole force and greater +than the wants of the country demand. I therefore commend the +discontinuance of a distinction which has no foundation in either the arms +used or the character of the service expected to be performed. + +In connection with the proposition for the increase of the Army, I have +presented these suggestions with regard to certain measures of reform as +the complement of a system which would produce the happiest results from a +given expenditure, and which, I hope, may attract the early attention and +be deemed worthy of the approval of Congress. + +The recommendation of the Secretary of the Navy having reference to more +ample provisions for the discipline and general improvement in the +character of seamen and for the reorganization and gradual increase of the +Navy I deem eminently worthy of your favorable consideration. The +principles which have controlled our policy in relation to the permanent +military force by sea and land are sound, consistent with the theory of our +system, and should by no means be disregarded. But, limiting the force to +the objects particularly set forth in the preceding part of this message, +we should not overlook the present magnitude and prospective extension of +our commercial marine, nor fail to give due weight to the fact that besides +the 2,000 miles of Atlantic seaboard we have now a Pacific coast stretching +from Mexico to the British possessions in the north, teeming with wealth +and enterprise and demanding the constant presence of ships of war. The +augmentation of the Navy has not kept pace with the duties properly and +profitably assigned to it in time of peace, and it is inadequate for the +large field of its operations, not merely in the present, but still more in +the progressively increasing exigencies of the commerce of the United +States. I cordially approve of the proposed apprentice system for our +national vessels recommended by the Secretary of the Navy. The occurrence +during the last few months of marine disasters of the most tragic nature, +involving great loss of human life, has produced intense emotions of +sympathy and sorrow throughout the country. It may well be doubted whether +all these calamitous events are wholly attributable to the necessary and +inevitable dangers of the sea. The merchants, mariners, and shipbuilders of +the United States are, it is true, unsurpassed in far-reaching enterprise, +skill, intelligence, and courage by any others in the world. But with the +increasing amount of our commercial tonnage in the aggregate and the larger +size and improved equipment of the ships now constructed a deficiency in +the supply of reliable seamen begins to be very seriously felt. The +inconvenience may perhaps be met in part by due regulation for the +introduction into our merchant ships of indented apprentices, which, while +it would afford useful and eligible occupation to numerous young men, would +have a tendency to raise the character of seamen as a class. And it is +deserving of serious reflection whether it may not be desirable to revise +the existing laws for the maintenance of discipline at sea, upon which the +security of life and property on the ocean must to so great an extent +depend. Although much attention has already been given by Congress to the +proper construction and arrangement of steam vessels and all passenger +ships, still it is believed that the resources of science and mechanical +skill in this direction have not been exhausted. No good reason exists for +the marked distinction which appears upon our statutes between the laws for +protecting life and property at sea and those for protecting them on land. +In most of the States severe penalties are provided to punish conductors of +trains, engineers, and others employed in the transportation of persons by +railway or by steamboats on rivers. Why should not the same principle be +applied to acts of insubordination, cowardice, or other misconduct on the +part of masters and mariners producing injury or death to passengers on the +high seas, beyond the jurisdiction of any of the States, and where such +delinquencies can be reached only by the power of Congress? The whole +subject is earnestly commended to your consideration. + +The report of the Postmaster-General, to which you are referred for many +interesting details in relation to this important and rapidly extending +branch of the public service, shows that the expenditure of the year ending +June 30, 1854, including $133,483 of balance due to foreign offices, +amounted to $8,710,907. The gross receipts during the same period amounted +to $6,955,586, exhibiting an expenditure over income of $1,755,321 and a +diminution of deficiency as compared with the last year of $361,756. The +increase of the revenue of the Department for the year ending June 30, +1854, over the preceding year was $970,399. No proportionate increase, +however, can be anticipated for the current year, in consequence of the act +of Congress of June 23, 1854, providing for increased compensation to all +postmasters. From these statements it is apparent that the Post-Office +Department, instead of defraying its expenses according to the design at +the time of its creation, is now, and under existing laws must continue to +be, to no small extent a charge upon the general Treasury. The cost of mail +transportation during the year ending June 30, 1854, exceeds the cost of +the preceding year by $495,074. I again call your attention to the subject +of mail transportation by ocean steamers, and commend the suggestions of +the Postmaster General to your early attention. + +During the last fiscal year 11,070,935 acres of the public lands have been +surveyed and 8,190,017 acres brought into market. The number of acres sold +is 7,035,735 and the amount received therefor $9,285,533. The aggregate +amount of lands sold, located under military scrip and land warrants, +selected as swamp lands by States, and by locating under grants for roads +is upward of 23,000,000 acres. The increase of lands sold over the previous +year is about 6,000,000 acres, and the sales during the first two quarters +of the current year present the extraordinary result of five and a half +millions sold, exceeding by nearly 4,000,000 acres the sales of the +corresponding quarters of the last year. + +The commendable policy of the Government in relation to setting apart +public domain for those who have served their country in time of war is +illustrated by the fact that since 1790 no less than 30,000,000 acres have +been applied to this object. + +The suggestions which I submitted in my annual message of last year in +reference to grants of land in aid of the construction of railways were +less full and explicit than the magnitude of the subject and subsequent +developments would seem to render proper and desirable. Of the soundness of +the principle then asserted with regard to the limitation of the power of +Congress I entertain no doubt, but in its application it is not enough that +the value of lands in a particular locality may be enhanced; that, in fact, +a larger amount of money may probably be received in a given time for +alternate sections than could have been realized for all the sections +without the impulse and influence of the proposed improvements. A prudent +proprietor looks beyond limited sections of his domain, beyond present +results to the ultimate effect which a particular line of policy is likely +to produce upon all his possessions and interests. The Government, which is +trustee in this matter for the people of the States, is bound to take the +same wise and comprehensive view. Prior to and during the last session of +Congress upward of 30,000,000 acres of land were withdrawn from public sale +with a view to applications for grants of this character pending before +Congress. A careful review of the whole subject led me to direct that all +such orders be abrogated and the lands restored to market, and instructions +were immediately given to that effect. The applications at the last session +contemplated the construction of more than 5,000 miles of road and grants +to the amount of nearly 20,000,000 acres of the public domain. Even +admitting the right on the part of Congress to be unquestionable, is it +quite clear that the proposed grants would be productive of good, and not +evil? The different projects are confined for the present to eleven States +of this Union and one Territory. The reasons assigned for the grants show +that it is proposed to put the works speedily in process of construction. +When we reflect that since the commencement of the construction of railways +in the United States, stimulated, as they have been, by the large dividends +realized from the earlier works over the great thoroughfares and between +the most important points of commerce and population, encouraged by State +legislation, and pressed forward by the amazing energy of private +enterprise, only 17,000 miles have been completed in all the States in a +quarter of a century; when we see the crippled condition of many works +commenced and prosecuted upon what were deemed to be sound principles and +safe calculations; when we contemplate the enormous absorption of capital +withdrawn from the ordinary channels of business, the extravagant rates of +interest at this moment paid to continue operations, the bankruptcies, not +merely in money but in character, and the inevitable effect upon finances +generally, can it be doubted that the tendency is to run to excess in this +matter? Is it wise to augment this excess by encouraging hopes of sudden +wealth expected to flow from magnificent schemes dependent upon the action +of Congress? Does the spirit which has produced such results need to be +stimulated or checked? Is it not the better rule to leave all these works +to private enterprise, regulated and, when expedient, aided by the +cooperation of States? If constructed by private capital the stimulant and +the check go together and furnish a salutary restraint against speculative +schemes and extravagance. But it is manifest that with the most effective +guards there is danger of going too fast and too far. We may well pause +before a proposition contemplating a simultaneous movement for the +construction of railroads which in extent will equal, exclusive of the +great Pacific road and all its branches, nearly one-third of the entire +length of such works now completed in the United States, and which can not +cost with equipments less than $150,000,000. The dangers likely to result +from combinations of interests of this character can hardly be +overestimated. But independently of these considerations, where is the +accurate knowledge, the comprehensive intelligence, which shall +discriminate between the relative claims of these twenty eight proposed +roads in eleven States and one Territory? Where will you begin and where +end? If to enable these companies to execute their proposed works it is +necessary that the aid of the General Government be primarily given, the +policy will present a problem so comprehensive in its bearings and so +important to our political and social well-being as to claim in +anticipation the severest analysis. Entertaining these views, I recur with +satisfaction to the experience and action of the last session of Congress +as furnishing assurance that the subject will not fail to elicit a careful +reexamination and rigid scrutiny. It was my intention to present on this +occasion some suggestions regarding internal improvements by the General +Government, which want of time at the close of the last session prevented +my submitting on the return to the House of Representatives with objections +of the bill entitled "An act making appropriations for the repair, +preservation, and completion of certain public works heretofore commenced +under the authority of law;" but the space in this communication already +occupied with other matter of immediate public exigency constrains me to +reserve that subject for a special message, which will be transmitted to +the two Houses of Congress at an early day. The judicial establishment of +the United States requires modification, and certain reforms in the manner +of conducting the legal business of the Government are also much needed; +but as I have addressed you upon both of these subjects at length before, I +have only to call your attention to the suggestions then made. + +My former recommendations in relation to suitable provision for various +objects of deep interest to the inhabitants of the District of Columbia are +renewed. Many of these objects partake largely of a national character, and +are important independently of their relation to the prosperity of the only +considerable organized community in the Union entirely unrepresented in +Congress. + +I have thus presented suggestions on such subjects as appear to me to be of +particular interest or importance, and therefore most worthy of +consideration during the short remaining period allotted to the labors of +the present Congress. + +Our forefathers of the thirteen united colonies, in acquiring their +independence and in rounding this Republic of the United States of America, +have devolved upon us, their descendants, the greatest and the most noble +trust ever committed to the hands of man, imposing upon all, and especially +such as the public will may have invested for the time being with political +functions, the most sacred obligations. We have to maintain inviolate the +great doctrine of the inherent right of popular self-government; to +reconcile the largest liberty of the individual citizen with complete +security of the public order; to render cheerful obedience to the laws of +the land, to unite in enforcing their execution, and to frown indignantly +on all combinations to resist them; to harmonize a sincere and ardent +devotion to the institutions of religions faith with the most universal +religious toleration; to preserve the rights of all by causing each to +respect those of the other; to carry forward every social improvement to +the uttermost limit of human perfectibility, by the free action of mind +upon mind, not by the obtrusive intervention of misapplied force; to uphold +the integrity and guard the limitations of our organic law; to preserve +sacred from all touch of usurpation, as the very palladium of our political +salvation, the reserved rights and powers of the several States and of the +people; to cherish with loyal fealty and devoted affection this Union, as +the only sure foundation on which the hopes of civil liberty rest; to +administer government with vigilant integrity and rigid economy; to +cultivate peace and friendship with foreign nations, and to demand and +exact equal justice from all, but to do wrong to none; to eschew +intermeddling with the national policy and the domestic repose of other +governments, and to repel it from our own; never to shrink from war when +the rights and the honor of the country call us to arms, but to cultivate +in preference the arts of peace, seek enlargement of the rights of +neutrality, and elevate and liberalize the intercourse of nations; and by +such just and honorable means, and such only, whilst exalting the condition +of the Republic, to assure to it the legitimate influence and the benign +authority of a great example amongst all the powers of Christendom. + +Under the solemnity of these convictions the blessing of Almighty God is +earnestly invoked to attend upon your deliberations and upon all the +counsels and acts of the Government, to the end that, with common zeal and +common efforts, we may, in humble submission to the divine will, cooperate +for the promotion of the supreme good of these United States. + +*** + +State of the Union Address +Franklin Pierce +December 31, 1855 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The Constitution of the United States provides that Congress shall assemble +annually on the first Monday of December, and it has been usual for the +President to make no communication of a public character to the Senate and +House of Representatives until advised of their readiness to receive it. I +have deferred to this usage until the close of the first month of the +session, but my convictions of duty will not permit me longer to postpone +the discharge of the obligation enjoined by the Constitution upon the +President "to give to the Congress information of the state of the Union +and recommend to their consideration such measures as he shall judge +necessary and expedient." It is matter of congratulation that the Republic +is tranquilly advancing in a career of prosperity and peace. + +Whilst relations of amity continue to exist between the United States and +all foreign powers, with some of them grave questions are depending which +may require the consideration of Congress. + +Of such questions, the most important is that which has arisen out of the +negotiations with Great Britain in reference to Central America. By the +convention concluded between the two Governments on the 19th of April, +1850, both parties covenanted that "neither will ever" "occupy, or fortify, +or colonize, or assume or exercise any dominion over Nicaragua. Costa Rica, +the Mosquito Coast, or any part of Central America." + +It was the undoubted understanding of the United States in making this +treaty that all the present States of the former Republic of Central +America and the entire territory of each would thenceforth enjoy complete +independence, and that both contracting parties engaged equally and to the +same extent, for the present and, for the future, that if either then had +any claim of right in Central America such claim and all occupation or +authority under it were unreservedly relinquished by the stipulations of +the convention, and that no dominion was thereafter to be exercised or +assumed in any part of Central America by Great Britain or the United +States. + +This Government consented to restrictions in regard to a region of country +wherein we had specific and peculiar interests only upon the conviction +that the like restrictions were in the same sense obligatory on Great +Britain. But for this understanding of the force and effect of the +convention it would never have been concluded by us. + +So clear was this understanding on the part of the United States that in +correspondence contemporaneous with the ratification of the convention it +was distinctly expressed that the mutual covenants of nonoccupation were +not intended to apply to the British establishment at the Balize. This +qualification is to be ascribed to the fact that, in virtue of successive +treaties with previous sovereigns of the country, Great Britain had +obtained a concession of the right to cut mahogany or dyewoods at the +Balize, but with positive exclusion of all domain or sovereignty; and thus +it confirms the natural construction and understood import of the treaty as +to all the rest of the region to which the stipulations applied. + +It, however, became apparent at an early day after entering upon the +discharge of my present functions that Great Britain still continued in the +exercise or assertion of large authority in all that part of Central +America commonly called the Mosquito Coast, and covering the entire length +of the State of Nicaragua and a part of Costa Rica; that she regarded the +Balize as her absolute domain and was gradually extending its limits at the +expense of the State of Honduras, and, that she had formally colonized a +considerable insular group known as the Bay Islands, and belonging of right +to that State. + +All these acts or pretensions of Great Britain, being contrary to the +rights of the States of Central America and to the manifest tenor of her +stipulations with the United States as understood by this Government, have +been made the subject of negotiation through the American minister in +London. I transmit herewith the instructions to him on the subject and the +correspondence between him and the British secretary for foreign affairs, +by which you will perceive that the two Governments differ widely and +irreconcilably as to the construction of the convention and its effect on +their respective relations to Central America. + +Great Britain so construes the convention as to maintain unchanged all her +previous pretensions over the Mosquito Coast and in different parts of +Central America. These pretensions as to the Mosquito Coast are founded on +the assumption of political relation between Great Britain and the remnant +of a tribe of Indians on that coast, entered into at a time when the whole +country was a colonial possession of Spain. It can not be successfully +controverted that by the public law of Europe and America no possible act +of such Indians or their predecessors could confer on Great Britain any +political rights. + +Great Britain does not allege the assent of Spain as the origin of her +claims on the Mosquito Coast. She has, on the contrary, by repeated and +successive treaties renounced and relinquished all pretensions of her own +and recognized the full and sovereign rights of Spain in the most +unequivocal terms. Yet these pretensions, so without solid foundation in +the beginning and thus repeatedly abjured, were at a recent period revived +by Great Britain against the Central American States, the legitimate +successors to all the ancient jurisdiction of Spain in that region. They +were first applied only to a defined part of the coast of Nicaragua, +afterwards to the whole of its Atlantic coast, and lastly to a part of the +coast of Costa Rica, and they are now reasserted to this extent +notwithstanding engagements to the United States. + +On the eastern coast of Nicaragua and Costa Rica the interference of Great +Britain, though exerted at one time in the form of military occupation of +the port of San Juan del Norte, then in the peaceful possession of the +appropriate authorities of the Central American States, is now presented by +her as the rightful exercise of a protectorship over the Mosquito tribe of +Indians. + +But the establishment at the Balize, now reaching far beyond its treaty +limits into the State of Honduras, and that of the Bay Islands, +appertaining of right to the same State, are as distinctly colonial +governments as those of Jamaica or Canada, and therefore contrary to the +very letter, as well as the spirit, of the convention with the United +States as it was at the time of ratification and now is understood by this +Government. + +The interpretation which the British Government thus, in assertion and act, +persists in ascribing to the convention entirely changes its character. +While it holds us to all our obligations, it in a great measure releases +Great Britain from those which constituted the consideration of this +Government for entering into the convention. It is impossible, in my +judgment, for the United States to acquiesce in such a construction of the +respective relations of the two Governments to Central America. + +To a renewed call by this Government upon Great Britain to abide by and +Carry into effect the stipulations of the convention according to its +obvious import by withdrawing from the possession or colonization of +portions of the Central American States of Honduras, Nicaragua, and Costa +Rica, the British Government has at length replied, affirming that the +operation of the treaty is prospective only and did not require Great +Britain to abandon or contract any possessions held by her in Central +America at the date of its conclusion. + +This reply substitutes a partial issue in the place of the general one +presented by the United States. The British Government passes over the +question of the rights of Great Britain, real or supposed, in Central +America, and assumes that she had such rights at the date of the treaty and +that those rights comprehended the protectorship of the Mosquito Indians, +the extended jurisdiction and limits of the Balize, and the colony of the +Bay Islands, and thereupon proceeds by implication to infer that if the +stipulations of the treaty be merely future in effect Great Britain may +still continue to hold the contested portions of Central America. The +United States can not admit either the inference or the premises. We +steadily deny that at the date of the treaty Great Britain had any +possessions there other than the limited and peculiar establishment at the +Balize, and maintain that if she had any they were surrendered by the +convention. + +This Government, recognizing the obligations of the treaty, has, of course, +desired to see it executed in good faith by both parties, and in the +discussion, therefore, has not looked to rights which we might assert +independently of the treaty in consideration of our geographical position +and of other circumstances which create for us relations to the Central +American States different from those of any government of Europe. The +British Government, in its last communication, although well knowing the +views of the United States, still declares that it sees no reason why a +conciliatory spirit may not enable the two Governments to overcome all +obstacles to a satisfactory adjustment of the subject. + +Assured of the correctness of the construction of the treaty constantly +adhered to by this Government and resolved to insist on the rights of the +United States, yet actuated also by the same desire which is avowed by the +British Government, to remove all causes of serious misunderstanding +between two nations associated by so many ties of interest and kindred, it +has appeared to me proper not to consider an amicable solution of the +controversy hopeless. + +There is, however, reason to apprehend that with Great Britain in the +actual occupation of the disputed territories, and the treaty therefore +practically null so far as regards our rights, this international +difficulty can not long remain undetermined without involving in serious +danger the friendly relations which it is the interest as well as the duty +of both countries to cherish and preserve. It will afford me sincere +gratification if future efforts shall result in the success anticipated +heretofore with more confidence than the aspect of the case permits me now +to entertain. + +One other subject of discussion between the United States and Great Britain +has grown out of the attempt, which the exigencies of the war in which she +is engaged with Russia induced her to make, to draw recruits from the +United States. + +It is the traditional and settled policy of the United States to maintain +impartial neutrality during the wars which from time to time occur among +the great powers of the world. Performing all the duties of neutrality +toward the respective belligerent states, we may reasonably expect them not +to interfere with our lawful enjoyment of its benefits. Notwithstanding the +existence of such hostilities, our citizens retained the individual right +to continue all their accustomed pursuits, by land or by sea, at home or +abroad, subject only to such restrictions in this relation as the laws of +war, the usage of nations, or special treaties may impose; and it is our +sovereign right that our territory and jurisdiction shall not be invaded by +either of the belligerent parties for the transit of their armies, the +operations of their fleets, the levy of troops for their service, the +fitting out of cruisers by or against either, or any other act or incident +of war. And these undeniable rights of neutrality, individual and national, +the United States will under no circumstances surrender. + +In pursuance of this policy, the laws of the United States do not forbid +their citizens to sell to either of the belligerent powers articles +contraband of war or take munitions of war or soldiers on board their +private ships for transportation; and although in so doing the individual +citizen exposes his property or person to some of the hazards of war, his +acts do not involve any breach of national neutrality nor of themselves +implicate the Government. Thus, during the progress of the present war in +Europe, our citizens have, without national responsibility therefor, sold +gunpowder and arms to all buyers, regardless of the destination of those +articles. Our merchantmen have been, and still continue to be, largely +employed by Great Britain and by France in transporting troops, provisions, +and munitions of war to the principal seat of military operations and in +bringing home their sick and wounded soldiers; but such use of our +mercantile marine is not interdicted either by the international or by our +municipal law, and therefore does not compromise our neutral relations with +Russia. But our municipal law, in accordance with the law of nations, +peremptorily forbids not only foreigners, but our own citizens, to fit out +within the United States a vessel to commit hostilities against any state +with which the United States are at peace, or to increase the force of any +foreign armed vessel intended for such hostilities against a friendly +state. + +Whatever concern may have been felt by either of the belligerent powers +lest private armed cruisers or other vessels in the service of one might be +fitted out in the ports of this country to depredate on the property of the +other, all such fears have proved to be utterly groundless. Our citizens +have been withheld from any such act or purpose by good faith and by +respect for the law. + +While the laws of the Union are thus peremptory in their prohibition of the +equipment or armament of belligerent cruisers in our ports, they provide +not less absolutely that no person shall, within the territory or +jurisdiction of the United States, enlist or enter himself, or hire or +retain another person to enlist or enter himself, or to go beyond the +limits or jurisdiction of the United States with intent to be enlisted or +entered, in the service of any foreign state, either as a soldier or as a +marine or seaman on board of any vessel of war, letter of marque, or +privateer. And these enactments are also in strict conformity with the law +of nations, which declares that no state has the right to raise troops for +land or sea service in another state without its consent, and that, whether +forbidden by the municipal law or not, the very attempt to do it without +such consent is an attack on the national sovereignty. + +Such being the public rights and the municipal law of the United States, no +solicitude on the subject was entertained by this Government when, a year +since, the British Parliament passed an act to provide for the enlistment +of foreigners in the military service of Great Britain. Nothing on the face +of the act or in its public history indicated that the British Government +proposed to attempt recruitment in the United States, nor did it ever give +intimation of such intention to this Government. It was matter of surprise, +therefore, to find subsequently that the engagement of persons within the +United States to proceed to Halifax, in the British Province of Nova +Scotia, and there enlist in the service of Great Britain, was going on +extensively, with little or no disguise. Ordinary legal steps were +immediately taken to arrest and punish parties concerned, and so put an end +to acts infringing the municipal law and derogatory to our sovereignty. +Meanwhile suitable representations on the subject were addressed to the +British Government. + +Thereupon it became known, by the admission of the British Government +itself, that the attempt to draw recruits from this country originated with +it, or at least had its approval and sanction; but it also appeared that +the public agents engaged in it had "stringent instructions" not to violate +the municipal law of the United States. + +It is difficult to understand how it should have been supposed that troops +could be raised here by Great Britain without violation of the municipal +law. The unmistakable object of the law was to prevent every such act which +if performed must be either in violation of the law or in studied evasion +of it, and in either alternative the act done would be alike injurious to +the sovereignty of the United States. In the meantime the matter acquired +additional importance by the recruitments in the United States not being +discontinued, and the disclosure of the fact that they were prosecuted upon +a systematic plan devised by official authority; that recruiting rendezvous +had been opened in our principal cities and depots for the reception of +recruits established on our frontier, and the whole business conducted +under the supervision and by the regular cooperation of British officers, +civil and military, some in the North American Provinces and some in the +United States. The complicity of those officers in an undertaking which +could only be accomplished by defying our laws, throwing suspicion over our +attitude of neutrality, and disregarding our territorial rights is +conclusively proved by the evidence elicited on the trial of such of their +agents as have been apprehended and convicted. Some of the officers thus +implicated are of high official position, and many of them beyond our +jurisdiction, so that legal proceedings could not reach the source of the +mischief. + +These considerations, and the fact that the cause of complaint was not a +mere casual occurrence, trot a deliberate design, entered upon with full +knowledge of our laws and national policy and conducted by responsible +public functionaries, impelled me to present the case to the British +Government, in order to secure not only a cessation of the, wrong, but its +reparation. The subject is still under discussion, the result of which will +be communicated to you in due time. + +I repeat the recommendation submitted to the last Congress, that provision +be made for the appointment of a commissioner, in connection with Great +Britain, to survey and establish the boundary line which divides the +Territory of Washington from the contiguous British possessions. By reason +of the extent and importance of the country in dispute, there has been +imminent danger of collision between the subjects of Great Britain and the +citizens of the United States, including their respective authorities, in +that quarter. The prospect of a speedy arrangement has contributed hitherto +to induce on both sides forbearance to assert by force what each claims as +a right. Continuance of delay on the part of the two Governments to act in +the matter will increase the dangers and difficulties of the controversy. + +Misunderstanding exists as to the extent, character, and value of the +possessory rights of the Hudsons Bay Company and the property of the Pugets +Sound Agricultural Company reserved in our treaty with Great Britain +relative to the Territory of Oregon. I have reason to believe that a +cession of the rights of both companies to the United States, which would +be the readiest means of terminating all questions, can be obtained on +reasonable terms, and with a view to this end I present the subject to the +attention of Congress. + +The colony of Newfoundland, having enacted the laws required by the treaty +of the 5th of June, 1854, is now placed on the same footing in respect to +commercial intercourse with the United States as the other British North +American Provinces. + +The commission which that treaty contemplated, for determining the rights +of fishery in rivers and mouths of rivers on the coasts of the United +States and the British North American Provinces, has been organized, and +has commenced its labors, to complete which there are needed further +appropriations for the service of another season. + +In pursuance of the authority conferred by a resolution of the Senate of +the United States passed on the 3d of March last, notice was given to +Denmark on the 14th day of April of the intention of this Government to +avail itself of the stipulation of the subsisting convention of friendship, +commerce, and navigation between that Kingdom and the United States whereby +either party might after ten years terminate the same at the expiration of +one year from the date of notice for that purpose. + +The considerations which led me to call the attention of Congress to that +convention and induced the Senate to adopt the resolution referred to still +continue in full force. The convention contains an article which, although +it does not directly engage the United States to submit to the imposition +of tolls on the vessels and cargoes of Americans passing into or from the +Baltic Sea during the continuance of the treaty, yet may by possibility be +construed as implying such submission. The exaction of those tolls not +being justified by any principle of international law, it became the right +and duty of the United States to relieve themselves from the implication of +engagement on the subject, so as to be perfectly free to act in the +premises in such way as their public interests and honor shall demand. + +I remain of the opinion that the United States ought not to submit to the +payment of the Sound dues, not so much because of their amount, which is a +secondary matter, but because it is in effect the recognition of the right +of Denmark to treat one of the great maritime highways of nations as a +close sea, and prevent the navigation of it as a privilege, for which +tribute may be imposed upon those who have occasion to use it. + +This Government on a former occasion, not unlike the present, signalized +its determination to maintain the freedom of the seas and of the great +natural channels of navigation. The Barbary States had for a long time +coerced the payment of tribute from all nations whose ships frequented the +Mediterranean. To the last demand of such payment made by them the United +States, although suffering less by their depredations than many other +nations, returned the explicit answer that we preferred war to tribute, and +thus opened the way to the relief of the commerce of the world from an +ignominious tax, so long submitted to by the more powerful nations of +Europe. + +If the manner of payment of the Sound dues differ from that of the tribute +formerly conceded to the Barbary States, still their exaction by Denmark +has no better foundation in right. Each was in its origin nothing but a tax +on a common natural right, extorted by those who were at that time able to +obstruct the free and secure enjoyment of it, but who no longer possess +that power. + +Denmark, while resisting our assertion of the freedom of the Baltic Sound +and Belts, has indicated a readiness to make some new arrangement on the +subject, and has invited the governments interested, including the United +States, to be represented in a convention to assemble for the purpose of +receiving and considering a proposition which she intends to submit for the +capitalization of the Sound dues and the distribution of the sum to be paid +as commutation among the governments according to the respective +proportions of their maritime commerce to and from the Baltic. I have +declined, in behalf of the United States, to accept this invitation, for +the most cogent reasons. One is that Denmark does not offer to submit to +the convention the question of her right to levy the Sound dues. The second +is that if the convention were allowed to take cognizance of that +particular question, still it would not be competent to deal with the great +international principle involved, which affects the right in other cases of +navigation and commercial freedom, as well as that of access to the Baltic. +Above all, by the express terms of the proposition it is contemplated that +the consideration of the Sound dues shall be commingled with and made +subordinate to a matter wholly extraneous--the balance of power among the +Governments of Europe. + +While, however, rejecting this proposition and insisting on the right of +free transit into and from the Baltic, I have expressed to Denmark a +willingness on the part of the United States to share liberally with other +powers in compensating her for any advantages which commerce shall +hereafter derive from expenditures made by her for the improvement and +safety of the navigation of the Sound or Belts. + +I lay before you herewith sundry documents on the subject, in which my +views are more fully disclosed. Should no satisfactory arrangement be soon +concluded, I shall again call your attention to the subject, with +recommendation of such measures as may appear to be required in order to +assert and secure the rights of the United States, so far as they are +affected by the pretensions of Denmark. + +I announce with much gratification that since the adjournment of the last +Congress the question then existing between this Government and that of +France respecting the French consul at San Francisco has been +satisfactorily determined, and that the relations of the two Governments +continue to be of the most friendly nature. + +A question, also, which has been pending for several years between the +United States and the Kingdom of Greece, growing out of the sequestration +by public authorities of that country of property belonging to the present +American consul at Athens, and which had been the subject of very earnest +discussion heretofore, has recently been settled to the satisfaction of the +party interested and of both Governments. + +With Spain peaceful relations are still maintained, and some progress has +been made in securing the redress of wrongs complained of by this +Government. Spain has not only disavowed and disapproved the conduct of the +officers who illegally seized and detained the steamer Black Warrior at +Havana, but has also paid the sum claimed as indemnity for the loss thereby +inflicted on citizens of the United States. + +In consequence of a destructive hurricane which visited Cuba in 1844, the +supreme authority of that island issued a decree permitting the importation +for the period of six months of certain building materials and provisions +free of duty, but revoked it when about half the period only had elapsed, +to the injury of citizens of the United States who had proceeded to act on +the faith of that decree. The Spanish Government refused indemnification to +the parties aggrieved until recently, when it was assented to, payment +being promised to be made so soon as the amount due can be ascertained. + +Satisfaction claimed for the arrest and search of the steamer El Dorado has +not yet been accorded, but there is reason to believe that it will be; and +that case, with others, continues to be urged on the attention of the +Spanish Government. I do not abandon the hope of concluding with Spain some +general arrangement which, if it do not wholly prevent the recurrence of +difficulties in Cuba, will render them less frequent, and, whenever they +shall occur, facilitate their more speedy settlement. + +The interposition of this Government has been invoked by many of its +citizens on account of injuries done to their persons and property for +which the Mexican Republic is responsible. The unhappy situation of that +country for some time past has not allowed its Government to give due +consideration to claims of private reparation, and has appeared to call for +and justify some forbearance in such matters on the part of this +Government. But if the revolutionary movements which have lately occurred +in that Republic end in the organization of a stable government, urgent +appeals to its justice will then be made, and, it may be hoped, with +success, for the redress of all complaints of our citizens. + +In regard to the American Republics, which from their proximity and other +considerations have peculiar relations to this Government, while it has +been my constant aim strictly to observe all the obligations of political +friendship and of good neighborhood, obstacles to this have arisen in some +of them from their own insufficient power to cheek lawless irruptions, +which in effect throws most of the task on the United States. Thus it is +that the distracted internal condition of the State of Nicaragua has made +it incumbent on me to appeal to the good faith of our citizens to abstain +from unlawful intervention in its affairs and to adopt preventive measures +to the same end, which on a similar occasion had the best results in +reassuring the peace of the Mexican States of Sonora and Lower California. + +Since the last session of Congress a treaty of amity, commerce, and +navigation and for the surrender of fugitive criminals with the Kingdom of +the Two Sicilies; a treaty of friendship, commerce, and navigation with +Nicaragua, and a convention of commercial reciprocity with the Hawaiian +Kingdom have been negotiated. The latter Kingdom and the State of Nicaragua +have also acceded to a declaration recognizing as international rights the +principles contained in the convention between the United States and Russia +of July 22, 1854. These treaties and conventions will be laid before the +Senate for ratification. + +The statements made in my last annual message respecting the anticipated +receipts and expenditures of the Treasury have been substantially +verified. + +It appears from the report of the Secretary of the Treasury that the +receipts during the last fiscal year, ending June 30, 1855, from all +sources were $65,003,930, and that the public expenditures for the same +period, exclusive of payments on account of the public debt, amounted to +$56,365,393. During the same period the payments made in redemption of the +public debt, including interest and premium, amounted to $9,844,528. + +The balance in the Treasury at the beginning of the present fiscal year, +July 1, 1855, was $18,931,976; the receipts for the first quarter and the +estimated receipts for the remaining three quarters amount together to +$67,918,734; thus affording in all, as the available resources of the +current fiscal year, the sum of $86,856,710. + +If to the actual expenditures of the first quarter of the current fiscal +year be added the probable expenditures for the remaining three quarters, +as estimated by the Secretary of the Treasury, the sum total will be +$71,226,846, thereby leaving an estimated balance in the Treasury on July +1, 1856, of $15,623,863.41. + +In the above-estimated expenditures of the present fiscal year are included +$3,000,000 to meet the last installment of the ten millions provided for in +the late treaty with Mexico and $7,750,000 appropriated on account of the +debt due to Texas, which two sums make an aggregate amount of $10,750,000 +and reduce the expenditures, actual or estimated, for ordinary objects of +the year to the sum of $60,476,000. + +The amount of the public debt at the commencement of the present fiscal +year was $40,583,631, and, deduction being made of subsequent payments, the +whole public debt of the Federal Government remaining at this time is less +than $40,000,000. The remnant of certain other Government stocks, amounting +to $243,000, referred to in my last message as outstanding, has since been +paid. + +I am fully persuaded that it would be difficult to devise a system superior +to that by which the fiscal business of the Government is now conducted. +Notwithstanding the great number of public agents of collection and +disbursement, it is believed that the checks and guards provided, including +the requirement of monthly returns, render it scarcely possible for any +considerable fraud on the part of those agents or neglect involving hazard +of serious public loss to escape detection. I renew, however, the +recommendation heretofore made by me of the enactment of a law declaring it +felony on the part of public officers to insert false entries in their +books of record or account or to make false returns, and also requiring +them on the termination of their service to deliver to their successors all +books, records, and other objects of a public nature in their custody. + +Derived, as our public revenue is, in chief part from duties on imports, +its magnitude affords gratifying evidence of the prosperity, not only of +our commerce, but of the other great interests upon which that depends. + +The principle that all moneys not required for the current expenses of the +Government should remain for active employment in the hands of the people +and the conspicuous fact that the annual revenue from all sources exceeds +by many millions of dollars the amount needed for a prudent and economical +administration of public affairs can not fail to suggest the propriety of +an early revision and reduction of the tariff of duties on imports. It is +now so generally conceded that the purpose of revenue alone can justify the +imposition of duties on imports that in readjusting the impost tables and +schedules, which unquestionably require essential modifications, a +departure from the principles of the present tariff is not anticipated. + +The Army during the past year has been actively engaged in defending the +Indian frontier, the state of the service permitting but few and small +garrisons in our permanent fortifications. The additional regiments +authorized at the last session of Congress have been recruited and +organized, and a large portion of the troops have already been sent to the +field. All the duties which devolve on the military establishment have been +satisfactorily performed, and the dangers and privations incident to the +character of the service required of our troops have furnished additional +evidence of their courage, zeal, and capacity to meet any requisition which +their country may make upon them. For the details of the military +operations, the distribution of the troops, and additional provisions +required for the military service, I refer to the report of the Secretary +of War and the accompanying documents. + +Experience gathered from events which have transpired since my last annual +message has but served to confirm the opinion then expressed of the +propriety of making provision by a retired list for disabled officers and +for increased compensation to the officers retained on the list for active +duty. All the reasons which existed when these measures were recommended on +former occasions continue without modification, except so far as +circumstances have given to some of them additional force. + +The recommendations heretofore made for a partial reorganization of the +Army are also renewed. The thorough elementary education given to those +officers who commenced their service with the grade of cadet qualifies them +to a considerable extent to perform the duties of every arm of the service; +but to give the highest efficiency to artillery requires the practice and +special study of many years, and it is not, therefore, believed to be +advisable to maintain in time of peace a larger force of that arm than can +be usually employed in the duties appertaining to the service of field and +siege artillery. The duties of the staff in all its various branches belong +to the movements of troops, and the efficiency of an army in the field +would materially depend upon the ability with which those duties are +discharged. It is not, as in the case of the artillery, a specialty, but +requires also an intimate knowledge of the duties of an officer of the +line, and it is not doubted that to complete the education of an officer +for either the line or the general staff it is desirable that he shall have +served in both. With this view, it was recommended on a former occasion +that the duties of the staff should be mainly performed by details from the +line, and, with conviction of the advantages which would result from such a +change, it is again presented for the consideration of Congress. + +The report of the Secretary of the Navy, herewith submitted, exhibits in +full the naval operations of the past year, together with the present +condition of the service, and it makes suggestions of further legislation, +to which your attention is invited. + +The construction of the six steam frigates for which appropriations were +made by the last Congress has proceeded in the most satisfactory manner and +with such expedition as to warrant the belief that they will be ready for +service early in the coming spring. Important as this addition to our naval +force is, it still remains inadequate to the contingent exigencies of the +protection of the extensive seacoast and vast commercial interests of the +United States. In view of this fact and of the acknowledged wisdom of the +policy of a gradual and systematic increase of the Navy an appropriation is +recommended for the construction of six steam sloops of war. + +In regard to the steps taken in execution of the act of Congress to promote +the efficiency of the Navy, it is unnecessary for me to say more than to +express entire concurrence in the observations on that subject presented by +the Secretary in his report. + +It will be perceived by the report of the postmaster-General that the gross +expenditure of the Department for the last fiscal year was $9,968,342 and +the gross receipts $7,342,136, making an excess of expenditure over +receipts of $2,626,206; and that the cost of mail transportation during +that year was $674,952 greater than the previous year. Much of the heavy +expenditures to which the Treasury is thus subjected is to be ascribed to +the large quantity of printed matter conveyed by the mails, either franked +or liable to no postage by law or to very low rates of postage compared +with that charged on letters, and to the great cost of mail service on +railroads and by ocean steamers. The suggestions of the Postmaster-General +on the subject deserve the consideration of Congress. + +The report of the Secretary of the Interior will engage your attention as +well for useful suggestions it contains as for the interest and importance +of the subjects to which they refer. + +The aggregate amount of public land sold during the last fiscal year, +located with military scrip or land warrants, taken up under grants for +roads, and selected as swamp lands by States is 24,557,409 acres, of which +the portion sold was 15,729,524 acres, yielding in receipts the sum of +$11,485,380. In the same period of time 8,723,854 acres have been surveyed, +but, in consideration of the quantity already subject to entry, no +additional tracts have been brought into market. + +The peculiar relation of the General Government to the District of Columbia +renders it proper to commend to your care not only its material but also +its moral interests, including education, more especially in those parts of +the District outside of the cities of Washington and Georgetown. + +The commissioners appointed to revise and codify the laws of the District +have made such progress in the performance of their task as to insure its +completion in the time prescribed by the act of Congress. + +Information has recently been received that the peace of the settlements in +the Territories of Oregon and Washington is disturbed by hostilities on the +part of the Indians, with indications of extensive combinations of a +hostile character among the tribes in that quarter, the more serious in +their possible effect by reason of the undetermined foreign interests +existing in those Territories, to which your attention has already been +especially invited. Efficient measures have been taken, which, it is +believed, will restore quiet and afford protection to our citizens. + +In the Territory of Kansas there have been acts prejudicial to good order, +but as yet none have occurred under circumstances to justify the +interposition of the Federal Executive. That could only be in case of +obstruction to Federal law or of organized resistance to Territorial law, +assuming the character of insurrection, which, if it should occur, it would +be my duty promptly to overcome and suppress. I cherish the hope, however, +that the occurrence of any such untoward event will be prevented by the +sound sense of the people of the Territory, who by its organic law, +possessing the right to determine their own domestic institutions, are +entitled while deporting themselves peacefully to the free exercise of that +right, and must be protected in the enjoyment of it without interference on +the part of the citizens of any of the States. The southern boundary line +of this Territory has never been surveyed and established. The rapidly +extending settlements in that region and the fact that the main route +between Independence, in the State of Missouri, and New Mexico is +contiguous in this line suggest the probability that embarrassing questions +of jurisdiction may consequently arise. For these and other considerations +I commend the subject to your early attention. + +I have thus passed in review the general state of the Union, including such +particular concerns of the Federal Government, whether of domestic or +foreign relation, as it appeared to me desirable and useful to bring to the +special notice of Congress. Unlike the great States of Europe and Asia and +many of those of America, these United States are wasting their strength +neither in foreign war nor domestic strife. Whatever of discontent or +public dissatisfaction exists is attributable to the imperfections of human +nature or is incident to all governments, however perfect, which human +wisdom can devise. Such subjects of political agitation as occupy the +public mind consist to a great extent of exaggeration of inevitable evils, +or over zeal in social improvement, or mere imagination of grievance, +having but remote connection with any of the constitutional functions or +duties of the Federal Government. To whatever extent these questions +exhibit a tendency menacing to the stability of the Constitution or the +integrity of the Union, and no further, they demand the consideration of +the Executive and require to be presented by him to Congress. + +Before the thirteen colonies became a confederation of independent States +they were associated only by community of transatlantic origin, by +geographical position, and by the mutual tie of common dependence on Great +Britain. When that tie was sundered they severally assumed the powers and +rights of absolute self-government. The municipal and social institutions +of each, its laws of property and of personal relation, even its political +organization, were such only as each one chose to establish, wholly without +interference from any other. In the language of the Declaration of +Independence, each State had "full power to levy war, conclude peace, +contract alliances, establish commerce, and to do all other acts and things +which independent states may of right do." The several colonies differed in +climate, in soil, in natural productions, in religion, in systems of +education, in legislation, and in the forms of political administration, +and they continued to differ in these respects when they voluntarily allied +themselves as States to carry on the War of the Revolution. The object of +that war was to disenthrall the united colonies from foreign rule, which +had proved to be oppressive, and to separate them permanently from the +mother country. The political result was the foundation of a Federal +Republic of the free white men of the colonies, constituted, as they were, +in distinct and reciprocally independent State governments. As for the +subject races, whether Indian or African, the wise and brave statesmen of +that day, being engaged in no extravagant scheme of social change, left +them as they were, and thus preserved themselves and their posterity from +the anarchy and the ever-recurring civil wars which have prevailed in other +revolutionized European colonies of America. + +When the confederated States found it convenient to modify the conditions +of their association by giving to the General Government direct access in +some respects to the people of the States, instead of confining it to +action on the States as such, they proceeded to frame the existing +Constitution, adhering steadily to one guiding thought, which was to +delegate only such power as was necessary and proper to the execution of +specific purposes, or, in other words, to retain as much as possible +consistently with those purposes of the independent powers of the +individual States. For objects of common defense and security, they +intrusted to the General Government certain carefully defined functions, +leaving all others as the undelegated rights of the separate independent +sovereignties. + +Such is the constitutional theory of our Government, the practical +observance of which has carried us, and us alone among modern republics, +through nearly three generations of time without the cost of one drop of +blood shed in civil war. With freedom and concert of action, it has enabled +us to contend successfully on the battlefield against foreign foes, has +elevated the feeble colonies into powerful States, and has raised our +industrial productions and our commerce which transports them to the level +of the richest and the greatest nations of Europe. And the admirable +adaptation of our political institutions to their objects, combining local +self-government with aggregate strength, has established the practicability +of a government like ours to cover a continent with confederate states. + +The Congress of the United States is in effect that congress of +sovereignties which good men in the Old World have sought for, but could +never attain, and which imparts to America an exemption from the mutable +leagues for common action, from the wars, the mutual invasions, and vague +aspirations after the balance of power which convulse from time to time the +Governments of Europe. Our cooperative action rests in the conditions of +permanent confederation prescribed by the Constitution. Our balance of +power is in the separate reserved rights of the States and their equal +representation in the Senate. That independent sovereignty in every one of +the States, with its reserved rights of local self-government assured to +each by their coequal power in the Senate, was the fundamental condition of +the Constitution. Without it the Union would never have existed. However +desirous the larger States might be to reorganize the Government so as to +give to their population its proportionate weight in the common counsels, +they knew it was impossible unless they conceded to the smaller ones +authority to exercise at least a negative influence on all the measures of +the Government, whether legislative or executive, through their equal +representation in the Senate. Indeed, the larger States themselves could +not have failed to perceive that the same power was equally necessary to +them for the security of their own domestic interests against the aggregate +force of the General Government. In a word, the original States went into +this permanent league on the agreed premises of exerting their common +strength for the defense of the whole and of all its parts, but of utterly +excluding all capability of reciprocal aggression. Each solemnly bound +itself to all the others neither to undertake nor permit any encroachment +upon or intermeddling with another's reserved rights. + +Where it was deemed expedient particular rights of the States were +expressly guaranteed by the Constitution, but in all things besides these +rights were guarded by the limitation of the powers granted and by express +reservation of all powers not granted in the compact of union. Thus the +great power of taxation was limited to purposes of common defense and +general welfare, excluding objects appertaining to the local legislation of +the several States; and those purposes of general welfare and common +defense were afterwards defined by specific enumeration as being matters +only of co-relation between the States themselves or between them and +foreign governments, which, because of their common and general nature, +could not be left to the separate control of each State. + +Of the circumstances of local condition, interest, and rights in which a +portion of the States, constituting one great section of the Union, +differed from the rest and from another section, the most important was the +peculiarity of a larger relative colored population in the Southern than in +the Northern States. + +A population of this class, held in subjection, existed in nearly all the +States, but was more numerous and of more serious concernment in the South +than in the North on account of natural differences of climate and +production; and it was foreseen that, for the same reasons, while this +population would diminish and sooner or later cease to exist in some +States, it might increase in others. The peculiar character and magnitude +of this question of local rights, not in material relations only, but still +more in social ones, caused it to enter into the special stipulations of +the Constitution. + +Hence, while the General Government, as well by the enumerated powers +granted to it as by those not enumerated, and therefore refused to it, was +forbidden to touch this matter in the sense of attack or offense, it was +placed under the general safeguard of the Union in the sense of defense +against either invasion or domestic violence, like all other local +interests of the several States. Each State expressly stipulated, as well +for itself as for each and all of its citizens, and every citizen of each +State became solemnly bound by his allegiance to the Constitution that any +person held to service or labor in one State, escaping into another, should +not, in consequence of any law or regulation thereof, be discharged from +such service or labor, but should be delivered up on claim of the party to +whom such service or labor might be due by the laws of his State. + +Thus and thus only, by the reciprocal guaranty of all the rights of every +State against interference on the part of another, was the present form of +government established by our fathers and transmitted to us, and by no +other means is it possible for it to exist. If one State ceases to respect +the rights of another and obtrusively intermeddles with its local +interests; if a portion of the States assume to impose their institutions +on the others or refuse to fulfill their obligations to them, we are no +longer united, friendly States, but distracted, hostile ones, with little +capacity left of common advantage, but abundant means of reciprocal injury +and mischief. Practically it is immaterial whether aggressive interference +between the States or deliberate refusal on the part of any one of them to +comply with constitutional obligations arise from erroneous conviction or +blind prejudice, whether it be perpetrated by direction or indirection. In +either case it is full of threat and of danger to the durability of the +Union. + +Placed in the office of Chief Magistrate as the executive agent of the +whole country, bound to take care that the laws be faithfully executed, and +specially enjoined by the Constitution to give information to Congress on +the state of the Union, it would be palpable neglect of duty on my part to +pass over a subject like this, which beyond all things at the present time +vitally concerns individual and public security. + +It has been matter of painful regret to see States conspicuous for their +services in rounding this Republic and equally sharing its advantages +disregard their constitutional obligations to it. Although conscious of +their inability to heal admitted and palpable social evils of their own, +and which are completely within their jurisdiction, they engage in the +offensive and hopeless undertaking of reforming the domestic institutions +of other States, wholly beyond their control and authority. In the vain +pursuit of ends by them entirely unattainable, and which they may not +legally attempt to compass, they peril the very existence of the +Constitution and all the countless benefits which it has conferred. While +the people of the Southern States confine their attention to their own +affairs, not presuming officiously to intermeddle with the social +institutions of the Northern States, too many of the inhabitants of the +latter are permanently organized in associations to inflict injury on the +former by wrongful acts, which would be cause of war as between foreign +powers and only fail to be such in our system because perpetrated under +cover of the Union. + +Is it possible to present this subject as truth and the occasion require +without noticing the reiterated but groundless allegation that the South +has persistently asserted claims and obtained advantages in the practical +administration of the General Government to the prejudice of the North, and +in which the latter has acquiesced? That is, the States which either +promote or tolerate attacks on the rights of persons and of property in +other States, to disguise their own injustice, pretend or imagine, and +constantly aver, that they, whose constitutional rights are thus +systematically assailed, are themselves the aggressors. At the present time +this imputed aggression, resting, as it does, only in the vague declamatory +charges of political agitators, resolves itself into misapprehension, or +misinterpretation, of the principles and facts of the political +organization of the new Territories of the United States. + +What is the voice of history? When the ordinance which provided for the +government of the territory northwest of the river Ohio and for its +eventual subdivision into new States was adopted in the Congress of the +Confederation, it is not to be supposed that the question of future +relative power as between the States which retained and those which did not +retain a numerous colored population escaped notice or failed to be +considered. And yet the concession of that vast territory to the interests +and opinions of the Northern States, a territory now the seat of five among +the largest members of the Union, was in great measure the act of the State +of Virginia and of the South. + +When Louisiana was acquired by the United States, it was an acquisition not +less to the North than to the South; for while it was important to the +country at the mouth of the river Mississippi to become the emporium of the +country above it, so also it was even more important to the whole Union to +have that emporium; and although the new province, by reason of its +imperfect settlement, was mainly regarded as on the Gulf of Mexico, yet in +fact it extended to the opposite boundaries of the United States, with far +greater breadth above than below, and was in territory, as in everything +else, equally at least an accession to the Northern States. It is mere +delusion and prejudice, therefore, to speak of Louisiana as acquisition in +the special interest of the South. + +The patriotic and just men who participated in the act were influenced by +motives far above all sectional jealousies. It was in truth the great event +which, by completing for us the possession of the Valley of the +Mississippi, with commercial access to the Gulf of Mexico, imparted unity +and strength to the whole Confederation and attached together by +indissoluble ties the East and the West, as well as the North and the +South. + +As to Florida, that was but the transfer by Spain to the United States of +territory on the east side of the river Mississippi in exchange for large +territory which the United States transferred to Spain on the west side of +that river, as the entire diplomatic history of the transaction serves to +demonstrate. Moreover, it was an acquisition demanded by the commercial +interests and the security of the whole Union. In the meantime the people +of the United States had grown up to a proper consciousness of their +strength, and in a brief contest with France and in a second serious war +with Great Britain they had shaken off all which remained of undue +reverence for Europe, and emerged from the atmosphere of those +transatlantic influences which surrounded the infant Republic, and had +begun to turn their attention to the full and systematic development of the +internal resources of the Union. + +Among the evanescent controversies of that period the most conspicuous was +the question of regulation by Congress of the social condition of the +future States to be rounded in the territory of Louisiana. + +The ordinance for the government of the territory northwest of the river +Ohio had contained a provision which prohibited the use of servile labor +therein, subject to the condition of the extraditions of fugitives from +service due in any other part of the United States. Subsequently to the +adoption of the Constitution this provision ceased to remain as a law, for +its operation as such was absolutely superseded by the Constitution. But +the recollection of the fact excited the zeal of social propagandism in +some sections of the Confederation, and when a second State, that of +Missouri, came to be formed in the territory of Louisiana proposition was +made to extend to the latter territory the restriction originally applied +to the country situated between the rivers Ohio and Mississippi. + +Most questionable as was this proposition in all its constitutional +relations, nevertheless it received the sanction of Congress, with some +slight modifications of line, to save the existing rights of the intended +new State. It was reluctantly acquiesced in by Southern States as a +sacrifice to the cause of peace and of the Union, not only of the rights +stipulated by the treaty of Louisiana, but of the principle of equality +among the States guaranteed by the Constitution. It was received by the +Northern States with angry and resentful condemnation and complaint, +because it did not concede all which they had exactingly demanded. Having +passed through the forms of legislation, it took its place in the statute +book, standing open to repeal, like any other act of doubtful +constitutionality, subject to be pronounced null and void by the courts of +law, and possessing no possible efficacy to control the rights of the +States which might thereafter be organized out of any part of the original +territory of Louisiana. + +In all this, if any aggression there were, any innovation upon preexisting +rights, to which portion of the Union are they justly chargeable? This +controversy passed away with the occasion, nothing surviving it save the +dormant letter of the statute. + +But long afterwards, when by the proposed accession of the Republic of +Texas the United States were to take their next step in territorial +greatness, a similar contingency occurred and became the occasion for +systematized attempts to intervene in the domestic affairs of one section +of the Union, in defiance of their rights as States and of the stipulations +of the Constitution. These attempts assumed a practical direction in the +shape of persevering endeavors by some of the Representatives in both +Houses of Congress to deprive the Southern States of the supposed benefit +of the provisions of the act authorizing the organization of the State of +Missouri. + +But the good sense of the people and the vital force of the Constitution +triumphed over sectional prejudice and the political errors of the day, and +the State of Texas returned to the Union as she was, with social +institutions which her people had chosen for themselves and with express +agreement by the reannexing act that she should be susceptible of +subdivision into a plurality of States. + +Whatever advantage the interests of the Southern States, as such, gained by +this were far inferior in results, as they unfolded in the progress of +time, to those which sprang from previous concessions made by the South. + +To every thoughtful friend of the Union, to the true lovers of their +country, to all who longed and labored for the full success of this great +experiment of republican institutions, it was cause of gratulation that +such an opportunity had occurred to illustrate our advancing power on this +continent and to furnish to the world additional assurance of the strength +and stability of the Constitution. Who would wish to see Florida still a +European colony? Who would rejoice to hail Texas as a lone star instead of +one in the galaxy of States? Who does not appreciate the incalculable +benefits of the acquisition of Louisiana? And yet narrow views and +sectional purposes would inevitably have excluded them all from the Union. + +But another struggle on the same point ensued when our victorious armies +returned from Mexico and it devolved on Congress to provide for the +territories acquired by the treaty of Guadalupe Hidalgo. The great +relations of the subject had now become distinct and clear to the +perception of the public mind, which appreciated the evils of sectional +controversy upon the question of the admission of new States. In that +crisis intense solicitude pervaded the nation. But the patriotic impulses +of the popular heart, guided by the admonitory advice of the Father of his +Country, rose superior to all the difficulties of the incorporation of a +new empire into the Union. In the counsels of Congress there was manifested +extreme antagonism of opinion and action between some Representatives, who +sought by the abusive and unconstitutional employment of the legislative +powers of the Government to interfere in the condition of the inchoate +States and to impose their own social theories upon the latter, and other +Representatives, who repelled the interposition of the General Government +in this respect and maintained the self-constituting rights of the States. +In truth, the thing attempted was in form alone action of the General +Government, while in reality it was the endeavor, by abuse of legislative +power, to force the ideas of internal policy entertained in particular +States upon allied independent States. Once more the Constitution and the +Union triumphed signally. The new territories were organized without +restrictions on the disputed point, and were thus left to judge in that +particular for themselves; and the sense of constitutional faith proved +vigorous enough in Congress not only to accomplish this primary object, but +also the incidental and hardly less important one of so amending the +provisions of the statute for the extradition of fugitives from service as +to place that public duty under the safeguard of the General Government, +and thus relieve it from obstacles raised up by the legislation of some of +the States. + +Vain declamation regarding the provisions of law for the extradition of +fugitives from service, with occasional episodes of frantic effort to +obstruct their execution by riot and murder, continued for a brief time to +agitate certain localities. But the true principle of leaving each State +and Territory to regulate its own laws of labor according to its own sense +of right and expediency had acquired fast hold of the public judgment, to +such a degree that by common consent it was observed in the organization of +the Territory of Washington. When, more recently, it became requisite to +organize the Territories of Nebraska and Kansas, it was the natural and +legitimate, if not the inevitable, consequence of previous events and +legislation that the same great and sound principle which had already been +applied to Utah and New Mexico should be applied to them--that they should +stand exempt from the restrictions proposed in the act relative to the +State of Missouri. + +These restrictions were, in the estimation of many thoughtful men, null +from the beginning, unauthorized by the Constitution, contrary to the +treaty stipulations for the cession of Louisiana, and inconsistent with the +equality of these States. + +They had been stripped of all moral authority by persistent efforts to +procure their indirect repeal through contradictory enactments. They had +been practically abrogated by the legislation attending the organization of +Utah, New Mexico, and Washington. If any vitality remained in them it would +have been taken away, in effect, by the new Territorial acts in the form +originally proposed to the Senate at the first session of the last +Congress. It was manly and ingenuous, as well as patriotic and just, to do +this directly and plainly, and thus relieve the statute book of an act +which might be of possible future injury, but of no possible future +benefit; and the measure of its repeal was the final consummation and +complete recognition of the principle that no portion of the United States +shall undertake through assumption of the powers of the General Government +to dictate the social institutions of any other portion. + +The scope and effect of the language of repeal were not left in doubt. It +was declared in terms to be "the true intent and meaning of this act not to +legislate slavery into any Territory or State, nor to exclude it therefrom, +but to leave the people thereof perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." + +The measure could not be withstood upon its merits alone. It was attacked +with violence on the false or delusive pretext that it constituted a breach +of faith. Never was objection more utterly destitute of substantial +justification. When before was it imagined by sensible men that a +regulative or declarative statute, whether enacted ten or forty years ago, +is irrepealable; that an act of Congress is above the Constitution? If, +indeed, there were in the facts any cause to impute bad faith, it would +attach to those only who have never ceased, from the time of the enactment +of the restrictive provision to the present day, to denounce and condemn +it; who have constantly refused to complete it by needful supplementary +legislation; who have spared no exertion to deprive it of moral force; who +have themselves again and again attempted its repeal by the enactment of +incompatible provisions, and who, by the inevitable reactionary effect of +their own violence on the subject, awakened the country to perception of +the true constitutional principle of leaving the matter involved to the +discretion of the people of the respective existing or incipient States. + +It is not pretended that this principle or any other precludes the +possibility of evils in practice, disturbed, as political action is liable +to be, by human passions. No form of government is exempt from +inconveniences; but in this case they are the result of the abuse, and not +of the legitimate exercise, of the powers reserved or conferred in the +organization of a Territory. They are not to be charged to the great +principle of popular sovereignty. On the contrary, they disappear before +the intelligence and patriotism of the people, exerting through the ballot +box their peaceful and silent but irresistible power. + +If the friends of the Constitution are to have another struggle, its +enemies could not present a more acceptable issue than that of a State +whose constitution clearly embraces "a republican form of government" being +excluded from the Union because its domestic institutions may not in all +respects comport with the ideas of what is wise and expedient entertained +in some other State. Fresh from groundless imputations of breach of faith +against others, men will commence the agitation of this new question with +indubitable violation of an express compact between the independent +sovereign powers of the United States and of the Republic of Texas, as well +as of the older and equally solemn compacts which assure the equality of +all the States. + +But deplorable as would be such a violation of compact in itself and in all +its direct consequences, that is the very least of the evils involved. When +sectional agitators shall have succeeded in forcing on this issue, can +their pretensions fail to be met by counter pretensions? Will not different +States be compelled, respectively, to meet extremes with extremes? And if +either extreme carry its point, what is that so far forth but dissolution +of the Union? If a new State, formed from the territory of the United +States, be absolutely excluded from admission therein, that fact of itself +constitutes the disruption of union between it and the other States. But +the process of dissolution could not stop there. Would not a sectional +decision producing such result by a majority of votes, either Northern or +Southern, of necessity drive out the oppressed and aggrieved minority and +place in presence of each other two irreconcilably hostile confederations? + +It is necessary to speak thus plainly of projects the offspring of that +sectional agitation now prevailing in some of the States, which are as +impracticable as they are unconstitutional, and which if persevered in must +and will end calamitously. It is either disunion and civil war or it is +mere angry, idle, aimless disturbance of public peace and tranquillity. +Disunion for what? If the passionate rage of fanaticism and partisan spirit +did not force the fact upon our attention, it would be difficult to believe +that any considerable portion of the people of this enlightened country +could have so surrendered themselves to a fanatical devotion to the +supposed interests of the relatively few Africans in the United States as +totally to abandon and disregard the interests of the 25,000,000 Americans; +to trample under foot the injunctions of moral and constitutional +obligation, and to engage in plans of vindictive hostility against those +who are associated with them in the enjoyment of the common heritage of our +national institutions. + +Nor is it hostility against their fellow-citizens of one section of the +Union alone. The interests, the honor, the duty, the peace, and the +prosperity of the people of all sections are equally involved and imperiled +in this question. And are patriotic men in any part of the Union prepared +on such issue thus madly to invite all the consequences of the forfeiture +of their constitutional engagements? It is impossible. The storm of frenzy +and faction must inevitably dash itself in vain against the unshaken rock +of the Constitution. I shall never doubt it. I know that the Union is +stronger a thousand times than all the wild and chimerical schemes of +social change which are generated one after another in the unstable minds +of visionary sophists and interested agitators. I rely confidently on the +patriotism of the people, on the dignity and self-respect of the States, on +the wisdom of Congress, and, above all, on the continued gracious favor of +Almighty God to maintain against all enemies, whether at home or abroad, +the sanctity of the Constitution and the integrity of the Union. + +*** + +State of the Union Address +Franklin Pierce +December 2, 1856 + +Fellow-Citizens of the Senate and of the House of Representatives: + +The Constitution requires that the President shall from time to time not +only recommend to the consideration of Congress such measures as he may +judge necessary and expedient, but also that he shall give information to +them of the state of the Union. To do this fully involves exposition of all +matters in the actual condition of the country, domestic or foreign, which +essentially concern the general welfare. While performing his +constitutional duty in this respect, the President does not speak merely to +express personal convictions, but as the executive minister of the +Government, enabled by his position and called upon by his official +obligations to scan with an impartial eye the interests of the whole and of +every part of the United States. + +Of the condition of the domestic interests of the Union--its agriculture, +mines, manufactures, navigation, and commerce--it is necessary only to say +that the internal prosperity of the country, its continuous and steady +advancement in wealth and population and in private as well as public +well-being, attest the wisdom of our institutions and the predominant +spirit of intelligence and patriotism which, notwithstanding occasional +irregularities of opinion or action resulting from popular freedom, has +distinguished and characterized the people of America. In the brief +interval between the termination of the last and the commencement of the +present session of Congress the public mind has been occupied with the care +of selecting for another constitutional term the President and +Vice-President of the United States. + +The determination of the persons who are of right, or contingently, to +preside over the administration of the Government is under our system +committed to the States and the people. We appeal to them, by their voice +pronounced in the forms of law, to call whomsoever they will to the high +post of Chief Magistrate. + +And thus it is that as the Senators represent the respective States of the +Union and the members of the House of Representatives the several +constituencies of each State, so the President represents the aggregate +population of the United States. Their election of him is the explicit and +solemn act of the sole sovereign authority of the Union. + +It is impossible to misapprehend the great principles which by their recent +political action the people of the United States have sanctioned and +announced. + +They have asserted the constitutional equality of each and all of the +States of the Union as States: they have affirmed the constitutional +equality of each and all of the citizens of the United States as citizens, +whatever their religion, wherever their birth or their residence; they have +maintained the inviolability of the constitutional rights of the different +sections of the Union, and they have proclaimed their devoted and +unalterable attachment to the Union and to the Constitution, as objects of +interest superior to all subjects of local or sectional controversy, as the +safeguard of the rights of all, as the spirit and the essence of the +liberty, peace, and greatness of the Republic. In doing this they have at +the same time emphatically condemned the idea of organizing in these United +States mere geographical parties, of marshaling in hostile array toward +each other the different parts of the country, North or South, East or +West. + +Schemes of this nature, fraught with incalculable mischief, and which the +considerate sense of the people has rejected, could have had countenance in +no part of the country had they not been disguised by suggestions plausible +in appearance, acting upon an excited state of the public mind, induced by +causes temporary in their character and, it is to be hoped, transient in +their influence. + +Perfect liberty of association for political objects and the widest scope +of discussion are the received and ordinary conditions of government in our +country. Our institutions, framed in the spirit of confidence in the +intelligence and integrity of the people, do not forbid citizens, either +individually or associated together, to attack by writing, speech, or any +other methods short of physical force the Constitution and the very +existence of the Union. Under the shelter of this great liberty, and +protected by the laws and usages of the Government they assail, +associations have been formed in some of the States of individuals who, +pretending to seek only to prevent the spread of the institution of slavery +into the present or future inchoate States of the Union, are really +inflamed with desire to change the domestic institutions of existing +States. To accomplish their objects they dedicate themselves to the odious +task of depreciating the government organization which stands in their way +and of calumniating with indiscriminate invective not only the citizens of +particular States with whose laws they find fault, but all others of their +fellow citizens throughout the country who do not participate with them in +their assaults upon the Constitution, framed and adopted by our fathers, +and claiming for the privileges it has secured and the blessings it has +conferred the steady support and grateful reverence of their children. They +seek an object which they well know to be a revolutionary one. They are +perfectly aware that the change in the relative condition of the white and +black races in the slaveholding States which they would promote is beyond +their lawful authority; that to them it is a foreign object; that it can +not be effected by any peaceful instrumentality of theirs; that for them +and the States of which they are citizens the only path to its +accomplishment is through burning cities, and ravaged fields, and +slaughtered populations, and all there is most terrible in foreign +complicated with civil and servile war; and that the first step in the +attempt is the forcible disruption of a country embracing in its broad +bosom a degree of liberty and an amount of individual and public prosperity +to which there is no parallel in history, and substituting in its place +hostile governments, driven at once and inevitably into mutual devastation +and fratricidal carnage, transforming the now peaceful and felicitous +brotherhood into a vast permanent camp of armed men like the rival +monarchies of Europe and Asia. Well knowing that such, and such only, are +the means and the consequences of their plans and purposes, they endeavor +to prepare the people of the United States for civil war by doing +everything in their power to deprive the Constitution and the laws of moral +authority and to undermine the fabric of the Union by appeals to passion +and sectional prejudice, by indoctrinating its people with reciprocal +hatred, and by educating them to stand face to face as enemies, rather than +shoulder to shoulder as friends. + +It is by the agency of such unwarrantable interference, foreign and +domestic, that the minds of many otherwise good citizens have been so +inflamed into the passionate condemnation of the domestic institutions of +the Southern States as at length to pass insensibly to almost equally +passion late hostility toward their fellow-citizens of those States, and +thus finally to fall into temporary fellowship with the avowed and active +enemies of the Constitution. Ardently attached to liberty in the abstract, +they do not stop to consider practically how the objects they would attain +can be accomplished, nor to reflect that, even if the evil were as great as +they deem it, they have no remedy to apply, and that it can be only +aggravated by their violence and unconstitutional action. A question which +is one of the most difficult of all the problems of social institution, +political economy, and statesmanship they treat with unreasoning +intemperance of thought and language. Extremes beget extremes. Violent +attack from the North finds its inevitable consequence in the growth of a +spirit of angry defiance at the South. Thus in the progress of events we +had reached that consummation, which the voice of the people has now so +pointedly rebuked, of the attempt of a portion of the States, by a +sectional organization and movement, to usurp the control of the Government +of the United States. + +I confidently believe that the great body of those who inconsiderately took +this fatal step are sincerely attached to the Constitution and the Union. +They would upon deliberation shrink with unaffected horror from any +conscious act of disunion or civil war. But they have entered into a path +which leads nowhere unless it be to civil war and disunion, and which has +no other possible outlet. They have proceeded thus far in that direction in +consequence of the successive stages of their progress having consisted of +a series of secondary issues, each of which professed to be confined within +constitutional and peaceful limits, but which attempted indirectly what few +men were willing to do directly; that is, to act aggressively against the +constitutional rights of nearly one-half of the thirty-one States. + +In the long series of acts of indirect aggression, the first was the +strenuous agitation by citizens of the Northern States, in Congress and out +of it, of the question of Negro emancipation in the Southern States. + +The second step in this path of evil consisted of acts of the people of the +Northern States, and in several instances of their governments, aimed to +facilitate the escape of persons held to service in the Southern States and +to prevent their extradition when reclaimed according to law and in virtue +of express provisions of the Constitution. To promote this object, +legislative enactments and other means were adopted to take away or defeat +rights which the Constitution solemnly guaranteed. In order to nullify the +then existing act of Congress concerning the extradition of fugitives from +service, laws were enacted in many States forbidding their officers, under +the severest penalties, to participate in the execution of any act of +Congress whatever. In this way that system of harmonious cooperation +between the authorities of the United States and of the several States, for +the maintenance of their common institutions, which existed in the early +years of the Republic was destroyed; conflicts of jurisdiction came to be +frequent, and Congress found itself compelled, for the support of the +Constitution and the vindication of its power, to authorize the appointment +of new officers charged with the execution of its acts, as if they and the +officers of the States were the ministers, respectively, of foreign +governments in a state of mutual hostility rather than fellow-magistrates +of a common country peacefully subsisting under the protection of one +well-constituted Union. Thus here also aggression was followed by reaction, +and the attacks upon the Constitution at this point did but serve to raise +up new barriers for its defense and security. + +The third stage of this unhappy sectional controversy was in connection +with the organization of Territorial governments and the admission of new +States into the Union. When it was proposed to admit the State of Maine, by +separation of territory from that of Massachusetts, and the State of +Missouri, formed of a portion of the territory ceded by France to the +United States, representatives in Congress objected to the admission of the +latter unless with conditions suited to particular views of public policy. +The imposition of such a condition was successfully resisted; but at the +same period the question was presented of imposing restrictions upon the +residue of the territory ceded by France. That question was for the time +disposed of by the adoption of a geographical line of limitation. + +In this connection it should not be forgotten that when France, of her own +accord, resolved, for considerations of the most farsighted sagacity, to +cede Louisiana to the United States, and that accession was accepted by the +United States, the latter expressly engaged that "the inhabitants of the +ceded territory shall be incorporated in the Union of the United States and +admitted as soon as possible, according to the principles of the Federal +Constitution, to the enjoyment of all the rights, advantages, and +immunities of citizens of the United States; and in the meantime they shall +be maintained and protected in the free enjoyment of their liberty, +property, and the religion which they profess;" that is to say, while it +remains in a Territorial condition its inhabitants are maintained and +protected in the free enjoyment of their liberty and property, with a right +then to pass into the condition of States on a footing of perfect equality +with the original States. + +The enactment which established the restrictive geographical line was +acquiesced in rather than approved by the States of the Union. It stood on +the statute book, however, for a number of years; and the people of the +respective States acquiesced in the reenactment of the principle as applied +to the State of Texas, and it was proposed to acquiesce in its further +application to the territory acquired by the United States from Mexico. But +this proposition was successfully resisted by the representatives from the +Northern States, who, regardless of the statute line, insisted upon +applying restriction to the new territory generally, whether lying north or +south of it, thereby repealing it as a legislative compromise, and, on the +part of the North, persistently violating the compact, if compact there +was. + +Thereupon this enactment ceased to have binding virtue in any sense, +whether as respects the North or the South, and so in effect it was treated +on the occasion of the admission of the State of California and the +organization of the Territories of New Mexico, Utah, and Washington. + +Such was the state of this question when the time arrived for the +organization of the Territories of Kansas and Nebraska. In the progress of +constitutional inquiry and reflection it had now at length come to be seen +clearly that Congress does not possess constitutional power to impose +restrictions of this character upon any present or future State of the +Union. In a long series of decisions, on the fullest argument and after the +most deliberate consideration, the Supreme Court of the United States had +finally determined this point in every form under which the question could +arise, whether as affecting public or private rights--in questions of the +public domain, of religion, of navigation, and of servitude. + +The several States of the Union are by force of the Constitution coequal in +domestic legislative power. Congress can not change a law of domestic +relation in the State of Maine; no more can it in the State of Missouri. +Any statute which proposes to do this is a mere nullity; it takes away no +right, it confers none. If it remains on the statute book unrepealed, it +remains there only as a monument of error and a beacon of warning to the +legislator and the statesman. To repeal it will be only to remove +imperfection from the statutes, without affecting, either in the sense of +permission, or of prohibition, the action of the States or of their +citizens. + +Still, when the nominal restriction of this nature, already a dead letter +in law, was in terms repealed by the last Congress, in a clause of the act +organizing the Territories of Kansas and Nebraska, that repeal was made the +occasion of a widespread and dangerous agitation. It was alleged that the +original enactment being a compact of perpetual moral obligation, its +repeal constituted an odious breach of faith. An act of Congress, while it +remains unrepealed, more especially if it be constitutionally valid in the +judgment of those public functionaries whose duty it is to pronounce on +that point, is undoubtedly binding on the conscience of each good citizen +of the Republic. But in what sense can it be asserted that the enactment in +question was invested with perpetuity and entitled to the respect of a +solemn Compact? Between whom was the compact? No distinct contending powers +of the Government, no separate sections of the Union treating as such, +entered into treaty stipulations on the subject. It was a mere clause of an +act of Congress, and, like any other controverted matter of legislation, +received its final shape and was passed by compromise of the conflicting +opinions or sentiments of the members of Congress. But if it had moral +authority over men's consciences, to whom did this authority attach? Not to +those of the North, who had repeatedly refused to confirm it by extension +and who had zealously striven to establish other and incompatible +regulations upon the subject. And if, as it thus appears, the supposed +compact had no obligatory force as to the North, of course it could not +have had any as to the South, for all such compacts must be mutual and of +reciprocal obligation. + +It has not unfrequently happened that lawgivers, with undue estimation of +the value of the law they give or in the view of imparting to it peculiar +strength, make it perpetual in terms; but they can not thus bind the +conscience, the judgment, and the will of those who may succeed them, +invested with similar responsibilities and clothed with equal authority. +More careful investigation may prove the law to be unsound in principle. +Experience may show it to be imperfect in detail and impracticable in +execution. And then both reason and right combine not merely to justify but +to require its repeal. + +The Constitution, supreme, as it is, over all the departments of the +Government--legislative, executive, and judicial--is open to amendment by +its very terms; and Congress or the States may, in their discretion, +propose amendment to it, solemn compact though it in truth is between the +sovereign States of the Union. In the present instance a political +enactment which had ceased to have legal power or authority of any kind was +repealed. The position assumed that Congress had no moral right to enact +such repeal was strange enough, and singularly so in view of the fact that +the argument came from those who openly refused obedience to existing laws +of the land, having the same popular designation and quality as compromise +acts; nay, more, who unequivocally disregarded and condemned the most +positive and obligatory injunctions of the Constitution itself, and sought +by every means within their reach to deprive a portion of their +fellow-citizens of the equal enjoyment of those rights and privileges +guaranteed alike to all by the fundamental compact of our Union. + +This argument against the repeal of the statute line in question was +accompanied by another of congenial character and equally with the former +destitute of foundation in reason and truth. It was imputed that the +measure originated in the conception of extending the limits of slave labor +beyond those previously assigned to it, and that such was its natural as +well as intended effect; and these baseless assumptions were made, in the +Northern States, the ground of unceasing assault upon constitutional +right. + +The repeal in terms of a statute, which was already obsolete and also null +for unconstitutionality, could have no influence to obstruct or to promote +the propagation of conflicting views of political or social institution. +When the act organizing the Territories of Kansas and Nebraska was passed, +the inherent effect upon that portion of the public domain thus opened to +legal settlement was to admit settlers from all the States of the Union +alike, each with his convictions of public policy and private interest, +there to found, in their discretion, subject to such limitations as the +Constitution and acts of Congress might prescribe, new States, hereafter to +be admitted into the Union. It was a free field, open alike to all, whether +the statute line of assumed restriction were repealed or not. That repeal +did not open to free competition of the diverse opinions and domestic +institutions a field which without such repeal would have been closed +against them; it found that field of competition already opened, in fact +and in law. All the repeal did was to relieve the statute book of an +objectionable enactment, unconstitutional in effect and injurious in terms +to a large portion of the States. + +Is it the fact that in all the unsettled regions of the United States, if +emigration be left free to act in this respect for itself, without legal +prohibitions on either side, slave labor will spontaneously go everywhere +in preference to free labor? Is it the fact that the peculiar domestic +institutions of the Southern States possess relatively so much of vigor +that wheresoever an avenue is freely opened to all the world they will +penetrate to the exclusion of those of the Northern States? Is it the fact +that the former enjoy, compared with the latter, such irresistibly superior +vitality, independent of climate, soil, and all other accidental +circumstances, as to be able to produce the supposed result in spite of the +assumed moral and natural obstacles to its accomplishment and of the more +numerous population of the Northern States? The argument of those who +advocate the enactment of new laws of restriction and condemn the repeal of +old ones in effect avers that their particular views of government have no +self-extending or self-sustaining power of their own, and will go nowhere +unless forced by act of Congress. And if Congress do but pause for a moment +in the policy of stern coercion; if it venture to try the experiment of +leaving men to judge for themselves what institutions will best suit them; +if it be not strained up to perpetual legislative exertion on this +point--if Congress proceed thus to act in the very spirit of liberty, it is +at once charged with aiming to extend slave labor into all the new +Territories of the United States. + +Of course these imputations on the intentions of Congress in this respect, +conceived, as they were, in prejudice and disseminated in passion, are +utterly destitute of any justification in the nature of things and contrary +to all the fundamental doctrines and principles of civil liberty and +self-government. + +While, therefore, in general, the people of the Northern States have never +at any time arrogated for the Federal Government the power to interfere +directly with the domestic condition of persons in the Southern States, +but, on the contrary, have disavowed all such intentions and have shrunk +from conspicuous affiliation with those few who pursue their fanatical +objects avowedly through the contemplated means of revolutionary change of +the Government and with acceptance of the necessary consequences--a civil +and servile war--yet many citizens have suffered themselves to be drawn +into one evanescent political issue of agitation after another, +appertaining to the same set of opinions, and which subsided as rapidly as +they arose when it came to be seen, as it uniformly did, that they were +incompatible with the compacts of the Constitution and the existence of the +Union. Thus when the acts of some of the States to nullify the existing +extradition law imposed upon Congress the duty of passing a new one, the +country was invited by agitators to enter into party organization for its +repeal; but that agitation speedily ceased by reason of the +impracticability of its object. So when the statute restriction upon the +institutions of new States by a geographical line had been repealed, the +country was urged to demand its restoration, and that project also died +almost with its birth. Then followed the cry of alarm from the North +against imputed Southern encroachments, which cry sprang in reality from +the spirit of revolutionary attack on the domestic institutions of the +South, and, after a troubled existence of a few months, has been rebuked by +the voice of a patriotic people. + +Of this last agitation, one lamentable feature was that it was carried on +at the immediate expense of the peace and happiness of the people of the +Territory of Kansas. That was made the battlefield, not so much of opposing +factions or interests within itself as of the conflicting passions of the +whole people of the United States. Revolutionary disorder in Kansas had its +origin in projects of intervention deliberately arranged by certain members +of that Congress which enacted the law for the organization of the +Territory; and when propagandist colonization of Kansas had thus been +undertaken in one section of the Union for the systematic promotion of its +peculiar views of policy there ensued as a matter of course a counteraction +with opposite views in other sections of the Union. + +In consequence of these and other incidents, many acts of disorder, it is +undeniable, have been perpetrated in Kansas, to the occasional interruption +rather than the permanent suspension of regular government. Aggressive and +most reprehensible incursions into the Territory were undertaken both in +the North and the South, and entered it on its northern border by the way +of Iowa, as well as on the eastern by way of Missouri; and there has +existed within it a state of insurrection against the constituted +authorities, not without countenance from inconsiderate persons in each of +the great sections of the Union. But the difficulties in that Territory +have been extravagantly exaggerated for purposes of political agitation +elsewhere. The number and gravity of the acts of violence have been +magnified partly by statements entirely untrue and partly by reiterated +accounts of the same rumors or facts. Thus the Territory has been seemingly +filled with extreme violence, when the whole amount of such acts has not +been greater than what occasionally passes before us in single cities to +the regret of all good citizens, but without being regarded as of general +or permanent political consequence. + +Imputed irregularities in the elections had in Kansas, like occasional +irregularities of the same description in the States, were beyond the +sphere of action of the Executive. But incidents of actual violence or of +organized obstruction of law, pertinaciously renewed from time to time, +have been met as they occurred by such means as were available and as the +circumstances required, and nothing of this character now remains to affect +the general peace of the Union. The attempt of a part of the inhabitants of +the Territory to erect a revolutionary government, though sedulously +encouraged and supplied with pecuniary aid from active agents of disorder +in some of the States, has completely failed. Bodies of armed men, foreign +to the Territory, have been prevented from entering or compelled to leave +it; predatory bands, engaged in acts of rapine under cover of the existing +political disturbances, have been arrested or dispersed, and every +well-disposed person is now enabled once more to devote himself in peace to +the pursuits of prosperous industry, for the prosecution of which he +undertook to participate in the settlement of the Territory. + +It affords me unmingled satisfaction thus to announce the peaceful +condition of things in Kansas, especially considering the means to which it +was necessary to have recourse for the attainment of the end, namely, the +employment of a part of the military force of the United States. The +withdrawal of that force from its proper duty of defending the country +against foreign foes or the savages of the frontier to employ it for the +suppression of domestic insurrection is, when the exigency occurs, a matter +of the most earnest solicitude. On this occasion of imperative necessity it +has been done with the best results, and my satisfaction in the attainment +of such results by such means is greatly enhanced by the consideration +that, through the wisdom and energy of the present executive of Kansas and +the prudence, firmness, and vigilance of the military officers on duty +there tranquillity has been restored without one drop of blood having been +shed in its accomplishment by the forces of the United States. + +The restoration of comparative tranquillity in that Territory furnishes the +means of observing calmly and appreciating at their just value the events +which have occurred there and the discussions of which the government of +the Territory has been the subject. We perceive that controversy concerning +its future domestic institutions was inevitable; that no human prudence, no +form of legislation, no wisdom on the part of Congress, could have +prevented it. + +It is idle to suppose that the particular provisions of their organic law +were the cause of agitation. Those provisions were but the occasion, or the +pretext, of an agitation which was inherent in the nature of things. +Congress legislated upon the subject in such terms as were most consonant +with the principle of popular sovereignty which underlies our Government. +It could not have legislated otherwise without doing violence to another +great principle of our institutions--the imprescriptible right of equality +of the several States. + +We perceive also that sectional interests and party passions have been the +great impediment to the salutary operation of the organic principles +adopted and the chief cause of the successive disturbances in Kansas. The +assumption that because in the organization of the Territories of Nebraska +and Kansas Congress abstained from imposing restraints upon them to which +certain other Territories had been subject, therefore disorders occurred in +the latter Territory, is emphatically contradicted by the fact that none +have occurred in the former. Those disorders were not the consequence, in +Kansas, of the freedom of self-government conceded to that Territory by +Congress, but of unjust interference on the part of persons not inhabitants +of the Territory. Such interference, wherever it has exhibited itself by +acts of insurrectionary character or of obstruction to process of law, has +been repelled or suppressed by all the means which the Constitution and the +laws place in the hands of the Executive. + +In those parts of the United States where, by reason of the inflamed state +of the public mind, false rumors and misrepresentations have the greatest +currency it has been assumed that it was the duty of the Executive not only +to suppress insurrectionary movements in Kansas, but also to see to the +regularity of local elections. It needs little argument to show that the +President has no such power. All government in the United States rests +substantially upon popular election. The freedom of elections is liable to +be impaired by the intrusion of unlawful votes or the exclusion of lawful +ones, by improper influences, by violence, or by fraud. But the people of +the United States are themselves the all sufficient guardians of their own +rights, and to suppose that they will not remedy in due season any such +incidents of civil freedom is to suppose them to have ceased to be capable +of self-government. The President of the United States has not power to +interpose in elections, to see to their freedom, to canvass their votes, or +to pass upon their legality in the Territories any more than in the States. +If he had such power the Government might be republican in form, but it +would be a monarchy in fact; and if he had undertaken to exercise it in the +case of Kansas he would have been justly subject to the charge of +usurpation and of violation of the dearest rights of the people of the +United States. + +Unwise laws, equally with irregularities at elections, are in periods of +great excitement the occasional incidents of even the freest and best +political institutions; but all experience demonstrates that in a country +like ours, where the right of self-constitution exists in the completest +form, the attempt to remedy unwise legislation by resort to revolution is +totally out of place, inasmuch as existing legal institutions afford more +prompt and efficacious means for the redress of wrong. + +I confidently trust that now, when the peaceful condition of Kansas affords +opportunity for calm reflection and wise legislation, either the +legislative assembly of the Territory or Congress will see that no act +shall remain on its statute book violative of the provisions of the +Constitution or subversive of the great objects for which that was ordained +and established, and will take all other necessary steps to assure to its +inhabitants the enjoyment, without obstruction or abridgment, of all the +constitutional rights, privileges, and immunities of citizens of the United +States, as contemplated by the organic law of the Territory. + +Full information in relation to recent events in this Territory will be +found in the documents communicated herewith from the Departments of State +and War. + +I refer you to the report of the Secretary of the Treasury for particular +information concerning the financial condition of the Government and the +various branches of the public service connected with the Treasury +Department. + +During the last fiscal year the receipts from customs were for the first +time more than $64,000,000, and from all sources $73,918,141, which, with +the balance on hand up to the 1st of July, 1855, made the total resources +of the year amount to $92,850,117. The expenditures, including $3,000,000 +in execution of the treaty with Mexico and excluding sums paid on account +of the public debt, amounted to $60,172,401, and including the latter to +$72,948,792, the payment on this account having amounted to $12,776,390. + +On the 4th of March, 1853, the amount of the public debt was $69,129,937. +There was a subsequent increase of $2,750,000 for the debt of Texas, making +a total of $71,879,937. Of this the sum of $45,525,319, including premium, +has been discharged, reducing the debt to $30,963,909, all which might be +paid within a year without embarrassing the public service, but being not +yet due and only redeemable at the option of the holder, can not be pressed +to payment by the Government. + +On examining the expenditures of the last five years it will be seen that +the average, deducting payments on account of the public debt and +$10,000,000 paid by treaty to Mexico, has been but about $48,000,000. It is +believed that under an economical administration of the Government the +average expenditure for the ensuing five years will not exceed that sum, +unless extraordinary occasion for its increase should occur. The acts +granting bounty lands will soon have been executed, while the extension of +our frontier settlements will cause a continued demand for lands and +augmented receipts, probably, from that source. These considerations will +justify a reduction of the revenue from customs so as not to exceed +forty-eight or fifty million dollars. I think the exigency for such +reduction is imperative, and again urge it upon the consideration of +Congress. + +The amount of reduction, as well as the manner of effecting it, are +questions of great and general interest, it being essential to industrial +enterprise and the public prosperity, as well as the dictate of obvious +justice, that the burden of taxation be made to rest as equally as possible +upon all classes and all sections and interests of the country. + +I have heretofore recommended to your consideration the revision of the +revenue laws, prepared under the direction of the Secretary of the +Treasury, and also legislation upon some special questions affecting the +business of that Department, more especially the enactment of a law to +punish the abstraction of official books or papers from the files of the +Government and requiring all such books and papers and all other public +property to be turned over by the outgoing officer to his successor; of a +law requiring disbursing officers to deposit all public money in the vaults +of the Treasury or in other legal depositories, where the same are +conveniently accessible, and a law to extend existing penal provisions to +all persons who may become possessed of public money by deposit or +otherwise and who shall refuse or neglect on due demand to pay the same +into the Treasury. I invite your attention anew to each of these objects. + +The Army during the past year has been so constantly employed against +hostile Indians in various quarters that it can scarcely be said, with +propriety of language, to have been a peace establishment. Its duties have +been satisfactorily performed, and we have reason to expect as a result of +the year's operations greater security to the frontier inhabitants than has +been hitherto enjoyed. Extensive combinations among the hostile Indians of +the Territories of Washington and Oregon at one time threatened the +devastation of the newly formed settlements of that remote portion of the +country. From recent information we are permitted to hope that the +energetic and successful operations conducted there will prevent such +combinations in future and secure to those Territories an opportunity to +make steady progress in the development of their agricultural and mineral +resources. + +Legislation has been recommended by me on previous occasions to cure +defects in the existing organization and to increase the efficiency of the +Army, and further observation has but served to confirm me in the views +then expressed and to enforce on my mind the conviction that such measures +are not only proper, but necessary. + +I have, in addition, to invite the attention of Congress to a change of +policy in the distribution of troops and to the necessity of providing a +more rapid increase of the military armament. For details of these and +other subjects relating to the Army I refer to the report of the Secretary +of War. + +The condition of the Navy is not merely satisfactory, but exhibits the most +gratifying evidences of increased vigor. As it is comparatively small, it +is more important that it should be as complete as possible in all the +elements of strength; that it should be efficient in the character of its +officers, in the zeal and discipline of its men, in the reliability of its +ordnance, and in the capacity of its ships. In all these various qualities +the Navy has made great progress within the last few years. The execution +of the law of Congress of February 28, 1855, "to promote the efficiency of +the Navy," has been attended by the most advantageous results. The law for +promoting discipline among the men is found convenient and salutary. The +system of granting an honorable discharge to faithful seamen on the +expiration of the period of their enlistment and permitting them to +reenlist after a leave of absence of a few months without cessation of pay +is highly beneficial in its influence. The apprentice system recently +adopted is evidently destined to incorporate into the service a large +number of our countrymen, hitherto so difficult to procure. Several hundred +American boys are now on a three years' cruise in our national vessels and +will return well-trained seamen. In the Ordnance Department there is a +decided and gratifying indication of progress, creditable to it and to the +country. The suggestions of the Secretary of the Navy in regard to further +improvement in that branch of the service I commend to your favorable +action. The new frigates ordered by Congress are now afloat and two of them +in active service. They are superior models of naval architecture, and with +their formidable battery add largely to public strength and security. I +concur in the views expressed by the Secretary of the Department in favor +of a still further increase of our naval force. + +The report of the Secretary of the Interior presents facts and views in +relation to internal affairs over which the supervision of his Department +extends of much interest and importance. + +The aggregate sales of the public lands during the last fiscal year amount +to 9,227,878 acres, for which has been received the sum of $8,821,414. +During the same period there have been located with military scrip and land +warrants and for other purposes 30,100,230 acres, thus making a total +aggregate of 39,328,108 acres. On the 30th of September last surveys had +been made of 16,873,699 acres, a large proportion of which is ready for +market. + +The suggestions in this report in regard to the complication and +progressive expansion of the business of the different bureaus of the +Department, to the pension system, to the colonization of Indian tribes, +and the recommendations in relation to various improvements in the District +of Columbia are especially commended to your consideration. + +The report of the Postmaster-General presents fully the condition of that +Department of the Government. Its expenditures for the last fiscal year +were $10,407,868 and its gross receipts $7,620,801, making an excess of +expenditure over receipts of $2,787,046. The deficiency of this Department +is thus $744,000 greater than for the year ending June 30, 1853. Of this +deficiency $330,000 is to be attributed to the additional compensation +allowed to postmasters by the act of Congress of June 22, 1854. The mail +facilities in every part of the country have been very much increased in +that period, and the large addition of railroad service, amounting to 7,908 +miles, has added largely to the cost of transportation. + +The inconsiderable augmentation of the income of the Post-Office Department +under the reduced rates of postage and its increasing expenditures must for +the present make it dependent to some extent upon the Treasury for support. +The recommendations of the Postmaster-General in relation to the abolition +of the franking privilege and his views on the establishment of mail +steamship lines deserve the consideration of Congress. I also call the +special attention of Congress to the statement of the Postmaster-General +respecting the sums now paid for the transportation of mails to the Panama +Railroad Company, and commend to their early and favorable consideration +the suggestions of that officer in relation to new contracts for mail +transportation upon that route, and also upon the Tehuantepec and Nicaragua +routes. + +The United States continue in the enjoyment of amicable relations with all +foreign powers. + +When my last annual message was transmitted to Congress two subjects of +controversy, one relating to the enlistment of soldiers in this country for +foreign service and the other to Central America, threatened to disturb the +good understanding between the United States and Great Britain. Of the +progress and termination of the former question you were informed at the +time, and the other is now in the way of satisfactory adjustment. + +The object of the convention between the United States and Great Britain of +the 19th of April, 1850, was to secure for the benefit of all nations the +neutrality and the common use of any transit way or interoceanic +communication across the Isthmus of Panama which might be opened within the +limits of Central America. The pretensions subsequently asserted by Great +Britain to dominion or control over territories in or near two of the +routes, those of Nicaragua and Honduras, were deemed by the United States +not merely incompatible with the main object of the treaty, but opposed +even to its express stipulations. Occasion of controversy on this point has +been removed by an additional treaty, which our minister at London has +concluded, and which will be immediately submitted to the Senate for its +consideration. Should the proposed supplemental arrangement be concurred in +by all the parties to be affected by it, the objects contemplated by the +original convention will have been fully attained. + +The treaty between the United States and Great Britain of the 5th of June, +1854, which went into effective operation in 1855, put an end to causes of +irritation between the two countries, by securing to the United States the +right of fishery on the coast of the British North American Provinces, with +advantages equal to those enjoyed by British subjects. Besides the signal +benefits of this treaty to a large class of our citizens engaged in a +pursuit connected to no inconsiderable degree with our national prosperity +and strength, it has had a favorable effect upon other interests in the +provision it made for reciprocal freedom of trade between the United States +and the British Provinces in America. The exports of domestic articles to +those Provinces during the last year amounted to more than $22,000,000, +exceeding those of the preceding year by nearly $7,000,000; and the imports +therefrom during the same period amounted to more than twenty-one million, +an increase of six million upon those of the previous year. + +The improved condition of this branch of our commerce is mainly +attributable to the above-mentioned treaty. + +Provision was made in the first article of that treaty for a commission to +designate the mouths of rivers to which the common right of fishery on the +coast of the United States and the British Provinces was not to extend. +This commission has been employed a part of two seasons, but without much +progress in accomplishing the object for which it was instituted, in +consequence of a serious difference of opinion between the commissioners, +not only as to the precise point where the rivers terminate, but in many +instances as to what constitutes a river. These difficulties, however, may +be overcome by resort to the umpirage provided for by the treaty. + +The efforts perseveringly prosecuted since the commencement of my +Administration to relieve our trade to the Baltic from the exaction of +Sound dues by Denmark have not yet been attended with success. Other +governments have also sought to obtain a like relief to their commerce, and +Denmark was thus induced to propose an arrangement to all the European +powers interested in the subject, and the manner in which her proposition +was received warranting her to believe that a satisfactory arrangement with +them could soon be concluded, she made a strong appeal to this Government +for temporary suspension of definite action on its part, in consideration +of the embarrassment which might result to her European negotiations by an +immediate adjustment of the question with the United States. This request +has been acceded to upon the condition that the sums collected after the +16th of June last and until the 16th of June next from vessels and cargoes +belonging to our merchants are to be considered as paid under protest and +subject to future adjustment. There is reason to believe that an +arrangement between Denmark and the maritime powers of Europe on the +subject will be soon concluded, and that the pending negotiation with the +United States may then be resumed and terminated in a satisfactory manner. + +With Spain no new difficulties have arisen, nor has much progress been made +in the adjustment of pending ones. + +Negotiations entered into for the purpose of relieving our commercial +intercourse with the island of Cuba of some of its burdens and providing +for the more speedy settlement of local disputes growing out of that +intercourse have not yet been attended with any results. Soon after the +commencement of the late war in Europe this Government submitted to the +consideration of all maritime nations two principles for the security of +neutral commerce--one that the neutral flag should cover enemies' goods, +except articles contraband of war, and the other that neutral property on +board merchant vessels of belligerents should be exempt from condemnation, +with the exception of contraband articles. These were not presented as new +rules of international law, having been generally claimed by neutrals, +though not always admitted by belligerents. One of the parties to the war +(Russia), as well as several neutral powers, promptly acceded to these +propositions, and the two other principal belligerents (Great Britain and +France) having consented to observe them for the present occasion, a +favorable opportunity seemed to be presented for obtaining a general +recognition of them, both in Europe and America. But Great Britain and +France, in common with most of the States of Europe, while forbearing to +reject, did not affirmatively act upon the overtures of the United States. + +While the question was in this position the representatives of Russia, +France, Great Britain, Austria, Prussia, Sardinia, and Turkey, assembled at +Paris, took into consideration the subject of maritime rights, and put +forth a declaration containing the two principles which this Government had +submitted nearly two years before to the consideration of maritime powers, +and adding thereto the following propositions: "Privateering is and remains +abolished," and "Blockades in order to be binding must be effective; that +is to say, maintained by a force sufficient really to prevent access to the +coast of the enemy;" and to the declaration thus composed of four points, +two of which had already been proposed by the United States, this +Government has been invited to accede by all the powers represented at +Paris except Great Britain and Turkey. To the last of the two additional +propositions--that in relation to blockades--there can certainly be no +objection. It is merely the definition of what shall constitute the +effectual investment of a blockaded place, a definition for which this +Government has always contended, claiming indemnity for losses where a +practical violation of the rule thus defined has been injurious to our +commerce. As to the remaining article of the declaration of the conference +of Paris, that "privateering is and remains abolished," I certainly can not +ascribe to the powers represented in the conference of Paris any but +liberal and philanthropic views in the attempt to change the unquestionable +rule of maritime law in regard to privateering. Their proposition was +doubtless intended to imply approval of the principle that private property +upon the ocean, although it might belong to the citizens of a belligerent +state, should be exempted from capture; and had that proposition been so +framed as to give full effect to the principle, it would have received my +ready assent on behalf of the United States. But the measure proposed is +inadequate to that purpose. It is true that if adopted private property +upon the ocean would be withdrawn from one mode of plunder, but left +exposed meanwhile to another mode, which could be used with increased +effectiveness. The aggressive capacity of great naval powers would be +thereby augmented, while the defensive ability of others would be reduced. +Though the surrender of the means of prosecuting hostilities by employing +privateers, as proposed by the conference of Paris, is mutual in terms, yet +in practical effect it would be the relinquishment of a right of little +value to one class of states, but of essential importance to another and a +far larger class. It ought not to have been anticipated that a measure so +inadequate to the accomplishment of the proposed object and so unequal in +its operation would receive the assent of all maritime powers. Private +property would be still left to the depredations of the public armed +cruisers. + +I have expressed a readiness on the part of this Government to accede to +all the principles contained in the declaration of the conference of Paris +provided that the one relating to the abandonment of privateering can be so +amended as to effect the object for which, as is presumed, it was +intended--the immunity of private property on the ocean from hostile +capture. To effect this object, it is proposed to add to the declaration +that "privateering is and remains abolished" the following amendment: + +And that the private property of subjects and citizens of a belligerent on +the high seas shall be exempt from seizure by the public armed vessels of +the other belligerent, except it be contraband. + +This amendment has been presented not only to the powers which have asked +our assent to the declaration to abolish privateering, but to all other +maritime states. Thus far it has not been rejected by any, and is favorably +entertained by all which have made any communication in reply. + +Several of the governments regarding with favor the proposition of the +United States have delayed definitive action upon it only for the purpose +of consulting with others, parties to the conference of Paris. I have the +satisfaction of stating, however, that the Emperor of Russia has entirely +and explicitly approved of that modification and will cooperate in +endeavoring to obtain the assent of other powers, and that assurances of a +similar purport have been received in relation to the disposition of the +Emperor of the French. The present aspect of this important subject allows +us to cherish the hope that a principle so humane in its character, so just +and equal in its operation, so essential to the prosperity of commercial +nations, and so consonant to the sentiments of this enlightened period of +the world will command the approbation of all maritime powers, and thus be +incorporated into the code of international law. + +My views on the subject are more fully set forth in the reply of the +Secretary of State, a copy of which is herewith transmitted, to the +communications on the subject made to this Government, especially to the +communication of France. + +The Government of the United States has at all times regarded with friendly +interest the other States of America, formerly, like this country, European +colonies, and now independent members of the great family of nations. But +the unsettled condition of some of them, distracted by frequent +revolutions, and thus incapable of regular and firm internal +administration, has tended to embarrass occasionally our public intercourse +by reason of wrongs which our citizens suffer at their hands, and which +they are slow to redress. + +Unfortunately, it is against the Republic of Mexico, with which it is our +special desire to maintain a good understanding, that such complaints are +most numerous; and although earnestly urged upon its attention, they have +not as yet received the consideration which this Government had a right to +expect. While reparation for past injuries has been withheld, others have +been added. The political condition of that country, however, has been such +as to demand forbearance on the part of the United States. I shall continue +my efforts to procure for the wrongs of our citizens that redress which is +indispensable to the continued friendly association of the two Republics. + +The peculiar condition of affairs in Nicaragua in the early part of the +present year rendered it important that this Government should have +diplomatic relations with that State. Through its territory had been opened +one of the principal thoroughfares across the isthmus connecting North and +South America, on which a vast amount of property was transported and to +which our citizens resorted in great numbers in passing between the +Atlantic and Pacific coasts of the United States. The protection of both +required that the existing power in that State should be regarded as a +responsible Government, and its minister was accordingly received. But he +remained here only a short time. Soon thereafter the political affairs of +Nicaragua underwent unfavorable change and became involved in much +uncertainty and confusion. Diplomatic representatives from two contending +parties have been recently sent to this Government, but with the imperfect +information possessed it was not possible to decide which was the +Government de facto, and, awaiting further developments, I have refused to +receive either. + +Questions of the most serious nature are pending between the United States +and the Republic of New Granada. The Government of that Republic undertook +a year since to impose tonnage duties on foreign vessels in her ports, but +the purpose was resisted by this Government as being contrary to existing +treaty stipulations with the United States and to rights conferred by +charter upon the Panama Railroad Company, and was accordingly refurbished +at that time, it being admitted that our vessels were entitled to be exempt +from tonnage duty in the free ports of Panama and Aspinwall. But the +purpose has been recently revived on the part of New Granada by the +enactment of a law to subject vessels visiting her ports to the tonnage +duty of 40 cents per ton, and although the law has not been put in force, +yet the right to enforce it is still asserted and may at any time be acted +on by the Government of that Republic. + +The Congress of New Granada has also enacted a law during the last year +which levies a tax of more than $3 on every pound of mail matter +transported across the Isthmus. The sum thus required to be paid on the +mails of the United States would be nearly $2,000,000 annually in addition +to the large sum payable by contract to the Panama Railroad Company. If the +only objection to this exaction were the exorbitancy of its amount, it +could not be submitted to by the United States. + +The imposition of it, however, would obviously contravene our treaty with +New Granada and infringe the contract of that Republic with the Panama +Railroad Company. The law providing for this tax was by its terms to take +effect on the 1st of September last, but the local authorities on the +Isthmus have been induced to suspend its execution and to await further +instructions on the subject from the Government of the Republic. I am not +yet advised of the determination of that Government. If a measure so +extraordinary in its character and so clearly contrary to treaty +stipulations and the contract rights of the Panama Railroad Company, +composed mostly of American citizens, should be persisted in, it will be +the duty of the United States to resist its execution. + +I regret exceedingly that occasion exists to invite your attention to a +subject of still graver import in our relations with the Republic of New +Granada. On the 15th day of April last a riotous assemblage of the +inhabitants of Panama committed a violent and outrageous attack on the +premises of the railroad company and the passengers and other persons in or +near the same, involving the death of several citizens of the United +States, the pillage of many others, and the destruction of a large amount +of property belonging to the railroad company. I caused full investigation +of that event to be made, and the result shows satisfactorily that complete +responsibility for what occurred attaches to the Government of New Granada. +I have therefore demanded of that Government that the perpetrators of the +wrongs in question should be punished; that provision should be made for +the families of citizens of the United States who were killed, with full +indemnity for the property pillaged or destroyed. + +The present condition of the Isthmus of Panama, in so far as regards the +security of persons and property passing over it, requires serious +consideration. Recent incidents tend to show that the local authorities can +not be relied on to maintain the public peace of Panama, and there is just +ground for apprehension that a portion of the inhabitants are meditating +further outrages, without adequate measures for the security and protection +of persons or property having been taken, either by the State of Panama or +by the General Government of New Granada. Under the guaranties of treaty, +citizens of the United States have, by the outlay of several million +dollars, constructed a railroad across the Isthmus, and it has become the +main route between our Atlantic and Pacific possessions, over which +multitudes of our citizens and a vast amount of property are constantly +passing; to the security and protection of all which and the continuance of +the public advantages involved it is impossible for the Government of the +United States to be indifferent. + +I have deemed the danger of the recurrence of scenes of lawless violence in +this quarter so imminent as to make it my duty to station a part of our +naval force in the harbors of Panama and Aspinwall, in order to protect the +persons and property of the citizens of the United States in those ports +and to insure to them safe passage across the Isthmus. And it would, in my +judgment, be unwise to withdraw the naval force now in those ports until, +by the spontaneous action of the Republic of New Granada or otherwise, some +adequate arrangement shall have been made for the protection and security +of a line of interoceanic communication, so important at this time not to +the United States only, but to all other maritime states, both of Europe +and America. + +Meanwhile negotiations have been instituted, by means of a special +commission, to obtain from New Granada full indemnity for injuries +sustained by our citizens on the Isthmus and satisfactory security for the +general interests of the United States. + +In addressing to you my last annual message the occasion seems to me an +appropriate one to express my congratulations, in view of the peace, +greatness, and felicity which the United States now possess and enjoy. To +point you to the state of the various Departments of the Government and of +all the great branches of the public service, civil and military, in order +to speak of the intelligence and the integrity which pervades the whole, +would be to indicate but imperfectly the administrative condition of the +country and the beneficial effects of that on the general welfare. Nor +would it suffice to say that the nation is actually at peace at home and +abroad; that its industrial interests are prosperous; that the canvas of +its mariners whitens every sea, and the plow of its husbandmen is marching +steadily onward to the bloodless conquest of the continent; that cities and +populous States are springing up, as if by enchantment, from the bosom of +oar Western wilds, and that the courageous energy of our people is making +of these United States the great Republic of the world. These results have +not been attained without passing through trials and perils, by experience +of which, and thus only, nations can harden into manhood. Our forefathers +were trained to the wisdom which conceived and the courage which achieved +independence by the circumstances which surrounded them, and they were thus +made capable of the creation of the Republic. It devolved on the next +generation to consolidate the work of the Revolution, to deliver the +country entirely from the influences of conflicting transatlantic +partialities or antipathies which attached to our colonial and +Revolutionary history, and to organize the practical operation of the +constitutional and legal institutions of the Union. To us of this +generation remains the not less noble task of maintaining and extending the +national power. We have at length reached that stage of our country's +career in which the dangers to be encountered and the exertions to be made +are the incidents, not of weakness, but of strength. In foreign relations +we have to attemper our power to the less happy condition of other +Republics in America and to place ourselves in the calmness and conscious +dignity of right by the side of the greatest and wealthiest of the Empires +of Europe. In domestic relations we have to guard against the shock of the +discontents, the ambitions, the interests, and the exuberant, and therefore +sometimes irregular, impulses of opinion or of action which are the natural +product of the present political elevation, the self-reliance, and the +restless spirit of enterprise of the people of the United States. + +I shall prepare to surrender the Executive trust to my successor and retire +to private life with sentiments of profound gratitude to the good +Providence which during the period of my Administration has vouchsafed to +carry the country through many difficulties, domestic and foreign, and +which enables me to contemplate the spectacle of amicable and respectful +relations between ours and all other governments and the establishment of +constitutional order and tranquillity throughout the Union. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY FRANKLIN PIERCE *** + +This file should be named supie11.txt or supie11.zip +Corrected EDITIONS of our eBooks get a new NUMBER, supie12.txt +VERSIONS based on separate sources get new LETTER, supie10a.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. Thus, we usually do not +keep eBooks in compliance with any particular paper edition. + +We are now trying to release all our eBooks one year in advance +of the official release dates, leaving time for better editing. +Please be encouraged to tell us about any error or corrections, +even years after the official publication date. + +Please note neither this listing nor its contents are final til +midnight of the last day of the month of any such announcement. +The official release date of all Project Gutenberg eBooks is at +Midnight, Central Time, of the last day of the stated month. A +preliminary version may often be posted for suggestion, comment +and editing by those who wish to do so. + +Most people start at our Web sites at: +http://gutenberg.net or +http://promo.net/pg + +These Web sites include award-winning information about Project +Gutenberg, including how to donate, how to help produce our new +eBooks, and how to subscribe to our email newsletter (free!). + + +Those of you who want to download any eBook before announcement +can get to them as follows, and just download by date. This is +also a good way to get them instantly upon announcement, as the +indexes our cataloguers produce obviously take a while after an +announcement goes out in the Project Gutenberg Newsletter. + +http://www.ibiblio.org/gutenberg/etext04 or +ftp://ftp.ibiblio.org/pub/docs/books/gutenberg/etext04 + +Or /etext03, 02, 01, 00, 99, 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90 + +Just search by the first five letters of the filename you want, +as it appears in our Newsletters. + + +Information about Project Gutenberg (one page) + +We produce about two million dollars for each hour we work. The +time it takes us, a rather conservative estimate, is fifty hours +to get any eBook selected, entered, proofread, edited, copyright +searched and analyzed, the copyright letters written, etc. Our +projected audience is one hundred million readers. If the value +per text is nominally estimated at one dollar then we produce $2 +million dollars per hour in 2002 as we release over 100 new text +files per month: 1240 more eBooks in 2001 for a total of 4000+ +We are already on our way to trying for 2000 more eBooks in 2002 +If they reach just 1-2% of the world's population then the total +will reach over half a trillion eBooks given away by year's end. + +The Goal of Project Gutenberg is to Give Away 1 Trillion eBooks! +This is ten thousand titles each to one hundred million readers, +which is only about 4% of the present number of computer users. + +Here is the briefest record of our progress (* means estimated): + +eBooks Year Month + + 1 1971 July + 10 1991 January + 100 1994 January + 1000 1997 August + 1500 1998 October + 2000 1999 December + 2500 2000 December + 3000 2001 November + 4000 2001 October/November + 6000 2002 December* + 9000 2003 November* +10000 2004 January* + + +The Project Gutenberg Literary Archive Foundation has been created +to secure a future for Project Gutenberg into the next millennium. + +We need your donations more than ever! + +As of February, 2002, contributions are being solicited from people +and organizations in: Alabama, Alaska, Arkansas, Connecticut, +Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, +Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, +Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New +Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, +Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South +Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West +Virginia, Wisconsin, and Wyoming. + +We have filed in all 50 states now, but these are the only ones +that have responded. + +As the requirements for other states are met, additions to this list +will be made and fund raising will begin in the additional states. +Please feel free to ask to check the status of your state. + +In answer to various questions we have received on this: + +We are constantly working on finishing the paperwork to legally +request donations in all 50 states. If your state is not listed and +you would like to know if we have added it since the list you have, +just ask. + +While we cannot solicit donations from people in states where we are +not yet registered, we know of no prohibition against accepting +donations from donors in these states who approach us with an offer to +donate. + +International donations are accepted, but we don't know ANYTHING about +how to make them tax-deductible, or even if they CAN be made +deductible, and don't have the staff to handle it even if there are +ways. + +Donations by check or money order may be sent to: + +Project Gutenberg Literary Archive Foundation +PMB 113 +1739 University Ave. +Oxford, MS 38655-4109 + +Contact us if you want to arrange for a wire transfer or payment +method other than by check or money order. + +The Project Gutenberg Literary Archive Foundation has been approved by +the US Internal Revenue Service as a 501(c)(3) organization with EIN +[Employee Identification Number] 64-622154. Donations are +tax-deductible to the maximum extent permitted by law. As fund-raising +requirements for other states are met, additions to this list will be +made and fund-raising will begin in the additional states. + +We need your donations more than ever! + +You can get up to date donation information online at: + +http://www.gutenberg.net/donation.html + + +*** + +If you can't reach Project Gutenberg, +you can always email directly to: + +Michael S. Hart <hart@pobox.com> + +Prof. Hart will answer or forward your message. + +We would prefer to send you information by email. + + +**The Legal Small Print** + + +(Three Pages) + +***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN EBOOKS**START*** +Why is this "Small Print!" statement here? You know: lawyers. +They tell us you might sue us if there is something wrong with +your copy of this eBook, even if you got it for free from +someone other than us, and even if what's wrong is not our +fault. So, among other things, this "Small Print!" statement +disclaims most of our liability to you. It also tells you how +you may distribute copies of this eBook if you want to. + +*BEFORE!* YOU USE OR READ THIS EBOOK +By using or reading any part of this PROJECT GUTENBERG-tm +eBook, you indicate that you understand, agree to and accept +this "Small Print!" statement. If you do not, you can receive +a refund of the money (if any) you paid for this eBook by +sending a request within 30 days of receiving it to the person +you got it from. If you received this eBook on a physical +medium (such as a disk), you must return it with your request. + +ABOUT PROJECT GUTENBERG-TM EBOOKS +This PROJECT GUTENBERG-tm eBook, like most PROJECT GUTENBERG-tm eBooks, +is a "public domain" work distributed by Professor Michael S. Hart +through the Project Gutenberg Association (the "Project"). +Among other things, this means that no one owns a United States copyright +on or for this work, so the Project (and you!) can copy and +distribute it in the United States without permission and +without paying copyright royalties. Special rules, set forth +below, apply if you wish to copy and distribute this eBook +under the "PROJECT GUTENBERG" trademark. + +Please do not use the "PROJECT GUTENBERG" trademark to market +any commercial products without permission. + +To create these eBooks, the Project expends considerable +efforts to identify, transcribe and proofread public domain +works. Despite these efforts, the Project's eBooks and any +medium they may be on may contain "Defects". Among other +things, Defects may take the form of incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged +disk or other eBook medium, a computer virus, or computer +codes that damage or cannot be read by your equipment. + +LIMITED WARRANTY; DISCLAIMER OF DAMAGES +But for the "Right of Replacement or Refund" described below, +[1] Michael Hart and the Foundation (and any other party you may +receive this eBook from as a PROJECT GUTENBERG-tm eBook) disclaims +all liability to you for damages, costs and expenses, including +legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR +UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT, +INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE +OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE +POSSIBILITY OF SUCH DAMAGES. + +If you discover a Defect in this eBook within 90 days of +receiving it, you can receive a refund of the money (if any) +you paid for it by sending an explanatory note within that +time to the person you received it from. If you received it +on a physical medium, you must return it with your note, and +such person may choose to alternatively give you a replacement +copy. If you received it electronically, such person may +choose to alternatively give you a second opportunity to +receive it electronically. + +THIS EBOOK IS OTHERWISE PROVIDED TO YOU "AS-IS". NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS +TO THE EBOOK OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. + +Some states do not allow disclaimers of implied warranties or +the exclusion or limitation of consequential damages, so the +above disclaimers and exclusions may not apply to you, and you +may have other legal rights. + +INDEMNITY +You will indemnify and hold Michael Hart, the Foundation, +and its trustees and agents, and any volunteers associated +with the production and distribution of Project Gutenberg-tm +texts harmless, from all liability, cost and expense, including +legal fees, that arise directly or indirectly from any of the +following that you do or cause: [1] distribution of this eBook, +[2] alteration, modification, or addition to the eBook, +or [3] any Defect. + +DISTRIBUTION UNDER "PROJECT GUTENBERG-tm" +You may distribute copies of this eBook electronically, or by +disk, book or any other medium if you either delete this +"Small Print!" and all other references to Project Gutenberg, +or: + +[1] Only give exact copies of it. Among other things, this + requires that you do not remove, alter or modify the + eBook or this "small print!" statement. You may however, + if you wish, distribute this eBook in machine readable + binary, compressed, mark-up, or proprietary form, + including any form resulting from conversion by word + processing or hypertext software, but only so long as + *EITHER*: + + [*] The eBook, when displayed, is clearly readable, and + does *not* contain characters other than those + intended by the author of the work, although tilde + (~), asterisk (*) and underline (_) characters may + be used to convey punctuation intended by the + author, and additional characters may be used to + indicate hypertext links; OR + + [*] The eBook may be readily converted by the reader at + no expense into plain ASCII, EBCDIC or equivalent + form by the program that displays the eBook (as is + the case, for instance, with most word processors); + OR + + [*] You provide, or agree to also provide on request at + no additional cost, fee or expense, a copy of the + eBook in its original plain ASCII form (or in EBCDIC + or other equivalent proprietary form). + +[2] Honor the eBook refund and replacement provisions of this + "Small Print!" statement. + +[3] Pay a trademark license fee to the Foundation of 20% of the + gross profits you derive calculated using the method you + already use to calculate your applicable taxes. If you + don't derive profits, no royalty is due. Royalties are + payable to "Project Gutenberg Literary Archive Foundation" + the 60 days following each date you prepare (or were + legally required to prepare) your annual (or equivalent + periodic) tax return. Please contact us beforehand to + let us know your plans and to work out the details. + +WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO? +Project Gutenberg is dedicated to increasing the number of +public domain and licensed works that can be freely distributed +in machine readable form. + +The Project gratefully accepts contributions of money, time, +public domain materials, or royalty free copyright licenses. +Money should be paid to the: +"Project Gutenberg Literary Archive Foundation." + +If you are interested in contributing scanning equipment or +software or other items, please contact Michael Hart at: +hart@pobox.com + +[Portions of this eBook's header and trailer may be reprinted only +when distributed free of all fees. Copyright (C) 2001, 2002 by +Michael S. Hart. Project Gutenberg is a TradeMark and may not be +used in any sales of Project Gutenberg eBooks or other materials be +they hardware or software or any other related product without +express permission.] + +*END THE SMALL PRINT! FOR PUBLIC DOMAIN EBOOKS*Ver.02/11/02*END* diff --git a/old/supie11.zip b/old/supie11.zip Binary files differnew file mode 100644 index 0000000..2aaaed8 --- /dev/null +++ b/old/supie11.zip |