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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/5023-h.zip b/5023-h.zip Binary files differnew file mode 100644 index 0000000..199a06d --- /dev/null +++ b/5023-h.zip diff --git a/5023-h/5023-h.htm b/5023-h/5023-h.htm new file mode 100644 index 0000000..16e0ee3 --- /dev/null +++ b/5023-h/5023-h.htm @@ -0,0 +1,6664 @@ +<!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 James Buchanan +</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 James Buchanan + +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: James Buchanan + +Posting Date: November 27, 2014 [EBook #5023] +Release Date: February, 2004 +First Posted: April 11, 2002 +Last Updated: December 16, 2004 + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + + + + +Produced by James Linden. HTML version by Al Haines. + + + + + +</pre> + + +<h1> +<br /><br /><br /> +State of the Union Addresses of James Buchanan +</h1> + +<p class="noindent"> +<br /><br /> +The addresses are separated by three asterisks: *** +</p> + +<p class="noindent"> +Dates of addresses by James Buchanan in this eBook: +</p> + +<p class="noindent"> + <a href="#dec1857">December 8, 1857</a><br /> + <a href="#dec1858">December 6, 1858</a><br /> + <a href="#dec1859">December 19, 1859</a><br /> + <a href="#dec1860">December 3, 1860</a><br /> +</p> + +<p><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1857"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Buchanan<br /> +December 8, 1857<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and House of Representatives: +</p> + +<p> +In obedience to the command of the Constitution, it has now become my duty +"to give to Congress information of the state of the Union and recommend to +their consideration such measures" as I judge to be "necessary and +expedient." +</p> + +<p> +But first and above all, our thanks are due to Almighty God for the +numerous benefits which He has bestowed upon this people, and our united +prayers ought to ascend to Him that He would continue to bless our great +Republic in time to come as He has blessed it in time past. Since the +adjournment of the last Congress our constituents have enjoyed an unusual +degree of health. The earth has yielded her fruits abundantly and has +bountifully rewarded the toil of the husbandman. Our great staples have +commanded high prices, and up till within a brief period our manufacturing, +mineral, and mechanical occupations have largely partaken of the general +prosperity. We have possessed all the elements of material wealth in rich +abundance, and yet, notwithstanding all these advantages, our country in +its monetary interests is at the present moment in a deplorable condition. +In the midst of unsurpassed plenty in all the productions of agriculture +and in all the elements of national wealth, we find our manufactures +suspended, our public works retarded, our private enterprises of different +kinds abandoned, and thousands of useful laborers thrown out of employment +and reduced to want. The revenue of the Government, which is chiefly +derived from duties on imports from abroad, has been greatly reduced, +whilst the appropriations made by Congress at its last session for the +current fiscal year are very large in amount. +</p> + +<p> +Under these circumstances a loan may be required before the close of your +present session; but this, although deeply to be regretted, would prove to +be only a slight misfortune when compared with the suffering and distress +prevailing among the people. With this the Government can not fail deeply +to sympathize, though it may be without the power to extend relief. +</p> + +<p> +It is our duty to inquire what has produced such unfortunate results and +whether their recurrence can be prevented. In all former revulsions the +blame might have been fairly attributed to a variety of cooperating causes, +but not so upon the present occasion. It is apparent that our existing +misfortunes have proceeded solely from our extravagant and vicious system +of paper currency and bank credits, exciting the people to wild +speculations and gambling in stocks. These revulsions must continue to +recur at successive intervals so long as the amount of the paper currency +and bank loans and discounts of the country shall be left to the discretion +of 1,400 irresponsible banking institutions, which from the very law of +their nature will consult the interest of their stockholders rather than +the public welfare. +</p> + +<p> +The framers of the Constitution, when they gave to Congress the power "to +coin money and to regulate the value thereof" and prohibited the States +from coining money, emitting bills of credit, or making anything but gold +and silver coin a tender in payment of debts, supposed they had protected +the people against the evils of an excessive and irredeemable paper +currency. They are not responsible for the existing anomaly that a +Government endowed with the sovereign attribute of coining money and +regulating the value thereof should have no power to prevent others from +driving this coin out of the country and filling up the channels of +circulation with paper which does not represent gold and silver. +</p> + +<p> +It is one of the highest and most responsible duties of Government to +insure to the people a sound circulating medium, the amount of which ought +to be adapted with the utmost possible wisdom and skill to the wants of +internal trade and foreign exchanges. If this be either greatly above or +greatly below the proper standard, the marketable value of every man's +property is increased or diminished in the same proportion, and injustice +to individuals as well as incalculable evils to the community are the +consequence. +</p> + +<p> +Unfortunately, under the construction of the Federal Constitution which has +now prevailed too long to be changed this important and delicate duty has +been dissevered from the coining power and virtually transferred to more +than 1,400 State banks acting independently of each other and regulating +their paper issues almost exclusively by a regard to the present interest +of their stockholders. Exercising the sovereign power of providing a paper +currency instead of coin for the country, the first duty which these banks +owe to the public is to keep in their vaults a sufficient +amount of gold and silver to insure the convertibility of +their notes into coin at all times and under all circumstances. +No bank ought ever to be chartered without such restrictions +on its business as to secure this result. All other restrictions are +comparatively vain. This is the only true touchstone, the only efficient +regulator of a paper currency--the only one which can guard the public +against overissues and bank suspensions. As a collateral and eventual +security, it is doubtless wise, and in all cases ought to be required, that +banks shall hold an amount of United States or State securities equal to +their notes in circulation and pledged for their redemption. This, however, +furnishes no adequate security against overissue. On the contrary, it may +be perverted to inflate the currency. Indeed, it is possible by this means +to convert all the debts of the United States and State Governments into +bank notes, without reference to the specie required to redeem them. +However valuable these securities may be in themselves, they can not be +converted into gold and silver at the moment of pressure, as our experience +teaches, in sufficient time to prevent bank suspensions and the +depreciation of bank notes. In England, which is to a considerable extent a +paper-money country, though vastly behind our own in this respect, it was +deemed advisable, anterior to the act of Parliament of 1844, which wisely +separated the issue of notes from the banking department, for the Bank of +England always to keep on hand gold and silver equal to one-third of its +combined circulation and deposits. If this proportion was no more than +sufficient to secure the convertibility of its notes with the whole of +Great Britain and to some extent the continent of Europe as a field for its +circulation, rendering it almost impossible that a sudden and immediate run +to a dangerous amount should be made upon it, the same proportion would +certainly be insufficient under our banking system. Each of our 1,400 banks +has but a limited circumference for its circulation, and in the course of a +very few days the depositors and note holders might demand from such a bank +a sufficient amount in specie to compel it to suspend, even although it had +coin in its vaults equal to one-third of its immediate liabilities. And yet +I am not aware, with the exception of the banks of Louisiana, that any +State bank throughout the Union has been required by its charter to keep +this or any other proportion of gold and silver compared with the amount of +its combined circulation and deposits. What has been the consequence? In a +recent report made by the Treasury Department on the condition of the banks +throughout the different States, according to returns dated nearest to +January, 1857, the aggregate amount of actual specie in their vaults is +$58,349,838, of their circulation $214,778,822, and of their deposits +$230,351,352. Thus it appears that these banks in the aggregate have +considerably less than one dollar in seven of gold and silver compared with +their circulation and deposits. It was palpable, therefore, that the very +first pressure must drive them to suspension and deprive the people of a +convertible currency, with all its disastrous consequences. It is truly +wonderful that they should have so long continued to preserve their credit +when a demand for the payment of one-seventh of their immediate liabilities +would have driven them into insolvency. And this is the condition of the +banks, notwithstanding that four hundred millions of gold from California +have flowed in upon us within the last eight years, and the tide still +continues to flow. Indeed, such has been the extravagance of bank credits +that the banks now hold a considerably less amount of specie, either in +proportion to their capital or to their circulation and deposits combined, +than they did before the discovery of gold in California. Whilst in the +year 1848 their specie in proportion to their capital was more than equal +to one dollar for four and a half, in 1857 it does not amount to one dollar +for every six dollars and thirty-three cents of their capital. In the year +1848 the specie was equal within a very small fraction to one dollar in +five of their circulation and deposits; in 1857 it is not equal to one +dollar in seven and a half of their circulation and deposits. +</p> + +<p> +From this statement it is easy to account for our financial history for the +last forty years. It has been a history of extravagant expansions in the +business of the country, followed by ruinous contractions. At successive +intervals the best and most enterprising men have been tempted to their +ruin by excessive bank loans of mere paper credit, exciting them to +extravagant importations of foreign goods, wild speculations, and ruinous +and demoralizing stock gambling. When the crisis arrives, as arrive it +must, the banks can extend no relief to the people. In a vain struggle to +redeem their liabilities in specie they are compelled to contract their +loans and their issues, and at last, in the hour of distress, when their +assistance is most needed, they and their debtors together sink into +insolvency. +</p> + +<p> +It is this paper system of extravagant expansion, raising the nominal price +of every article far beyond its real value when compared with the cost of +similar articles in countries whose circulation is wisely regulated, which +has prevented us from competing in our own markets with foreign +manufacturers, has produced extravagant importations, and has counteracted +the effect of the large incidental protection afforded to our domestic +manufactures by the present revenue tariff. But for this the branches of +our manufactures composed of raw materials, the production of our own +country--such as cotton, iron, and woolen fabrics--would not only have +acquired almost exclusive possession of the home market, but would have +created for themselves a foreign market throughout the world. +</p> + +<p> +Deplorable, however, as may be our present financial condition, we may yet +indulge in bright hopes for the future. No other nation has ever existed +which could have endured such violent expansions and contractions of paper +credits without lasting injury; yet the buoyancy of youth, the energies of +our population, and the spirit which never quails before difficulties will +enable us soon to recover from our present financial embarrassments, and +may even occasion us speedily to forget the lesson which they have taught. +In the meantime it is the duty of the Government, by all proper means +within its power, to aid in alleviating the sufferings of the people +occasioned by the suspension of the banks and to provide against a +recurrence of the same calamity. Unfortunately, in either aspect of the +case it can do but little. Thanks to the independent treasury, the +Government has not suspended payment, as it was compelled to do by the +failure of the banks in 1837. It will continue to discharge its liabilities +to the people in gold and silver. Its disbursements in coin will pass into +circulation and materially assist in restoring a sound currency. From its +high credit, should we be compelled to make a temporary loan, it can be +effected on advantageous terms. This, however, shall if possible be +avoided, but if not, then the amount shall be limited to the lowest +practicable sum. +</p> + +<p> +I have therefore determined that whilst no useful Government works already +in progress shall be suspended, new works not already commenced will be +postponed if this can be done without injury to the country. Those +necessary for its defense shall proceed as though there had been no crisis +in our monetary affairs. +</p> + +<p> +But the Federal Government can not do much to provide against a recurrence +of existing evils. Even if insurmountable constitutional objections did not +exist against the creation of a national bank, this would furnish no +adequate preventive security. The history of the last Bank of the United +States abundantly proves the truth of this assertion. Such a bank could +not, if it would, regulate the issues and credits of 1,400 State banks in +such a manner as to prevent the ruinous expansions and contractions in our +currency which afflicted the country throughout the existence of the late +bank, or secure us against future suspensions. In 1825 an effort was made +by the Bank of England to curtail the issues of the country banks under the +most favorable circumstances. The paper currency had been expanded to a +ruinous extent, and the bank put forth all its power to contract it in +order to reduce prices and restore the equilibrium of the foreign +exchanges. It accordingly commenced a system of curtailment of its loans +and issues, in the vain hope that the joint stock and private banks of the +Kingdom would be compelled to follow its example. It found, however, that +as it contracted they expanded, and at the end of the process, to employ +the language of a very high official authority, "whatever reduction of the +paper circulation was effected by the Bank of England (in 1825) was more +than made up by the issues of the country banks." +</p> + +<p> +But a bank of the United States would not, if it could, restrain the issues +and loans of the State banks, because its duty as a regulator of the +currency must often be in direct conflict with the immediate interest of +its stockholders. If we expect one agent to restrain or control another, +their interests must, at least in some degree, be antagonistic. But the +directors of a bank of the United States would feel the same interest and +the same inclination with the directors of the State banks to expand the +currency, to accommodate their favorites and friends with loans, and to +declare large dividends. Such has been our experience in regard to the last +bank. +</p> + +<p> +After all, we must mainly rely upon the patriotism and wisdom of the States +for the prevention and redress of the evil. If they will afford us a real +specie basis for our paper circulation by increasing the denomination of +bank notes, first to twenty and afterwards to fifty dollars; if they will +require that the banks shall at all times keep on hand at least one dollar +of gold and silver for every three dollars of their circulation and +deposits, and if they will provide by a self-executing enactment, which +nothing can arrest, that the moment they suspend they shall go into +liquidation, I believe that such provisions, with a weekly publication by +each bank of a statement of its condition, would go far to secure us +against future suspensions of specie payments. +</p> + +<p> +Congress, in my opinion, possess the power to pass a uniform bankrupt law +applicable to all banking institutions throughout the United States, and I +strongly recommend its exercise. This would make it the irreversible +organic law of each bank's existence that a suspension of specie payments +shall produce its civil death. The instinct of self-preservation would then +compel it to perform its duties in such a manner as to escape the penalty +and preserve its life. +</p> + +<p> +The existence of banks and the circulation of bank paper are so identified +with the habits of our people that they can not at this day be suddenly +abolished without much immediate injury to the country. If we could confine +them to their appropriate sphere and prevent them from administering to the +spirit of wild and reckless speculation by extravagant loans and issues, +they might be continued with advantage to the public. +</p> + +<p> +But this I say, after long and much reflection: If experience shall prove +it to be impossible to enjoy the facilities which well-regulated banks +might afford without at the same time suffering the calamities which the +excesses of the banks have hitherto inflicted upon the country, it would +then be far the lesser evil to deprive them altogether of the power to +issue a paper currency and confine them to the functions of banks of +deposit and discount. +</p> + +<p> +Our relations with foreign governments are upon the whole in a satisfactory +condition. +</p> + +<p> +The diplomatic difficulties which existed between the Government of the +United States and that of Great Britain at the adjournment of the last +Congress have been happily terminated by the appointment of a British +minister to this country, who has been cordially received. Whilst it is +greatly to the interest, as I am convinced it is the sincere desire, of the +Governments and people of the two countries to be on terms of intimate +friendship with each other, it has been our misfortune almost always to +have had some irritating, if not dangerous, outstanding question with Great +Britain. +</p> + +<p> +Since the origin of the Government we have been employed in negotiating +treaties with that power, and afterwards in discussing their true intent +and meaning. In this respect the convention of April 19, 1850, commonly +called the Clayton and Bulwer treaty, has been the most unfortunate of all, +because the two Governments place directly opposite and contradictory +constructions upon its first and most important article. Whilst in the +United States we believed that this treaty would place both powers upon an +exact equality by the stipulation that neither will ever "occupy, or +fortify, or colonize, or assume, or exercise any dominion" over any part of +Central America, it is contended by the British Government that the true +construction of this language has left them in the rightful possession of +all that portion of Central America which was in their occupancy at the +date of the treaty; in fact, that the treaty is a virtual recognition on +the part of the United States of the right of Great Britain, either as +owner or protector, to the whole extensive coast of Central America, +sweeping round from the Rio Hondo to the port and harbor of San Juan de +Nicaragua, together with the adjacent Bay Islands, except the comparatively +small portion of this between the Sarstoon and Cape Honduras. According to +their construction, the treaty does no more than simply prohibit them from +extending their possessions in Central America beyond the present limits. +It is not too much to assert that if in the United States the treaty had +been considered susceptible of such a construction it never would have been +negotiated under the authority of the President, nor would it have received +the approbation of the Senate. The universal conviction in the United +States was that when our Government consented to violate its traditional +and time-honored policy and to stipulate with a foreign government never to +occupy or acquire territory in the Central American portion of our own +continent, the consideration for this sacrifice was that Great Britain +should, in this respect at least, be placed in the same position with +ourselves. Whilst we have no right to doubt the sincerity of the British +Government in their construction of the treaty, it is at the same time my +deliberate conviction that this construction is in opposition both to its +letter and its spirit. +</p> + +<p> +Under the late Administration negotiations were instituted between the two +Governments for the purpose, if possible, of removing these difficulties, +and a treaty having this laudable object in view was signed at London on +the 17th October, 1856, and was submitted by the President to the Senate on +the following 10th of December. Whether this treaty, either in its original +or amended form, would have accomplished the object intended without giving +birth to new and embarrassing complications between the two Governments, +may perhaps be well questioned. Certain it is, however, it was rendered +much less objectionable by the different amendments made to it by the +Senate. The treaty as amended was ratified by me on the 12th March, 1857, +and was transmitted to London for ratification by the British Government. +That Government expressed its willingness to concur in all the amendments +made by the Senate with the single exception of the clause relating to +Ruatan and the other islands in the Bay of Honduras. The article in the +original treaty as submitted to the Senate, after reciting that these +islands and their inhabitants "having been, by a convention bearing date +the 27th day of August, 1856, between Her Britannic Majesty and the +Republic of Honduras, constituted and declared a free territory under the +sovereignty of the said Republic of Honduras," stipulated that "the two +contracting parties do hereby mutually engage to recognize and respect in +all future time the independence and rights of the said free territory as a +part of the Republic of Honduras." +</p> + +<p> +Upon an examination of this convention between Great Britain and Honduras +of the 27th August, 1856, it was found that whilst declaring the Bay +Islands to be "a free territory under the sovereignty of the Republic of +Honduras" it deprived that Republic of rights without which its sovereignty +over them could scarcely be said to exist. It divided them from the +remainder of Honduras and gave to their inhabitants a separate government +of their own, with legislative, executive, and judicial officers elected by +themselves. It deprived the Government of Honduras of the taxing power in +every form and exempted the people of the islands from the performance of +military duty except for their own exclusive defense. It also prohibited +that Republic from erecting fortifications upon them for their protection, +thus leaving them open to invasion from any quarter; and, finally, it +provided "that slavery shall not at any time hereafter be permitted to +exist therein." +</p> + +<p> +Had Honduras ratified this convention, she would have ratified the +establishment of a state substantially independent within her own limits, +and a state at all times subject to British influence and control. +Moreover, had the United States ratified the treaty with Great Britain in +its original form, we should have been bound "to recognize and respect in +all future time" these stipulations to the prejudice of Honduras. Being in +direct opposition to the spirit and meaning of the Clayton and Bulwer +treaty as understood in the United States, the Senate rejected the entire +clause, and substituted in its stead a simple recognition of the sovereign +right of Honduras to these islands in the following language: The two +contracting parties do hereby mutually engage to recognize and respect the +islands of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Moral, situate in +the Bay of Honduras and off the coast of the Republic of Honduras, as under +the sovereignty and as part of the said Republic of Honduras. +</p> + +<p> +Great Britain rejected this amendment, assigning as the only reason that +the ratifications of the convention of the 27th August, 1856, between her +and Honduras had not been "exchanged, owing to the hesitation of that +Government." Had this been done, it is stated that "Her Majesty's +Government would have had little difficulty in agreeing to the modification +proposed by the Senate, which then would have had in effect the same +signification as the original wording." Whether this would have been the +effect, whether the mere circumstance of the exchange of the ratifications +of the British convention with Honduras prior in point of time to the +ratification of our treaty with Great Britain would "in effect" have had +"the same signification as the original wording," and thus have nullified +the amendment of the Senate, may well be doubted. It is, perhaps, fortunate +that the question has never arisen. +</p> + +<p> +The British Government, immediately after rejecting the treaty as amended, +proposed to enter into a new treaty with the United States, similar in all +respects to the treaty which they had just refused to ratify, if the United +States would consent to add to the Senate's clear and unqualified +recognition of the sovereignty of Honduras over the Bay Islands the +following conditional stipulation: Whenever and so soon as the Republic of +Honduras shall have concluded and ratified a treaty with Great Britain by +which Great Britain shall have ceded and the Republic of Honduras shall +have accepted the said islands, subject to the provisions and conditions +contained in such treaty. +</p> + +<p> +This proposition was, of course, rejected. After the Senate had refused to +recognize the British convention with Honduras of the 27th August, 1856, +with full knowledge of its contents, it was impossible for me, necessarily +ignorant of "the provisions and conditions" which might be contained in a +future convention between the same parties, to sanction them in advance. +</p> + +<p> +The fact is that when two nations like Great Britain and the United States, +mutually desirous, as they are, and I trust ever may be, of maintaining the +most friendly relations with each other, have unfortunately concluded a +treaty which they understand in senses directly opposite, the wisest course +is to abrogate such a treaty by mutual consent and to commence anew. Had +this been done promptly, all difficulties in Central America would most +probably ere this have been adjusted to the satisfaction of both parties. +The time spent in discussing the meaning of the Clayton and Bulwer treaty +would have been devoted to this praiseworthy purpose, and the task would +have been the more easily accomplished because the interest of the two +countries in Central America is identical, being confined to securing safe +transits over all the routes across the Isthmus. +</p> + +<p> +Whilst entertaining these sentiments, I shall, nevertheless, not refuse to +contribute to any reasonable adjustment of the Central American questions +which is not practically inconsistent with the American interpretation of +the treaty. Overtures for this purpose have been recently made by the +British Government in a friendly spirit, which I cordially reciprocate, but +whether this renewed effort will result in success I am not yet prepared to +express an opinion. A brief period will determine. +</p> + +<p> +With France our ancient relations of friendship still continue to exist. +The French Government have in several recent instances, which need not be +enumerated, evinced a spirit of good will and kindness toward our country, +which I heartily reciprocate. It is, notwithstanding, much to be regretted +that two nations whose productions are of such a character as to invite the +most extensive exchanges and freest commercial intercourse should continue +to enforce ancient and obsolete restrictions of trade against each other. +Our commercial treaty with France is in this respect an exception from our +treaties with all other commercial nations. It jealously levies +discriminating duties both on tonnage and on articles the growth, produce, +or manufacture of the one country when arriving in vessels belonging to the +other. +</p> + +<p> +More than forty years ago, on the 3d March, 1815, Congress passed an act +offering to all nations to admit their vessels laden with their national +productions into the ports of the United States upon the same terms with +our own vessels provided they would reciprocate to us similar advantages. +This act confined the reciprocity to the productions of the respective +foreign nations who might enter into the proposed arrangement with the +United States. The act of May 24, 1828, removed this restriction and +offered a similar reciprocity to all such vessels without reference to the +origin of their cargoes. Upon these principles our commercial treaties and +arrangements have been rounded, except with France, and let us hope that +this exception may not long exist. +</p> + +<p> +Our relations with Russia remain, as they have ever been, on the most +friendly footing. The present Emperor, as well as his predecessors, have +never failed when the occasion offered to manifest their good will to our +country, and their friendship has always been highly appreciated by the +Government and people of the United States. +</p> + +<p> +With all other European Governments, except that of Spain, our relations +are as peaceful as we could desire. I regret to say that no progress +whatever has been made since the adjournment of Congress toward the +settlement of any of the numerous claims of our citizens against the +Spanish Government. Besides, the outrage committed on our flag by the +Spanish war frigate Ferrolana on the high seas off the coast of Cuba in +March, 1855, by firing into the American mail steamer El Dorado and +detaining and searching her, remains unacknowledged and unredressed. The +general tone and temper of the Spanish Government toward that of the United +States are much to be regretted. Our present envoy extraordinary and +minister plenipotentiary to Madrid has asked to be recalled, and it is my +purpose to send out a new minister to Spain with special instructions on +all questions pending between the two Governments, and with a determination +to have them speedily and amicably adjusted if this be possible. In the +meantime, whenever our minister urges the just claims of our citizens on +the notice of the Spanish Government he is met with the objection that +Congress has never made the appropriation recommended by President Polk in +his annual message of December, 1847, "to be paid to the Spanish Government +for the purpose of distribution among the claimants in the Amistad case." A +similar recommendation was made by my immediate predecessor in his message +of December, 1853, and entirely concurring with both in the opinion that +this indemnity is justly due under the treaty with Spain of the 27th of +October, 1795, I earnestly recommend such an appropriation to the favorable +consideration of Congress. +</p> + +<p> +A treaty of friendship and commerce was concluded at Constantinople on the +13th December, 1856, between the United States and Persia, the +ratifications of which were exchanged at Constantinople on the 13th June, +1857, and the treaty was proclaimed by the President on the 18th August, +1857. This treaty, it is believed, will prove beneficial to American +commerce. The Shah has manifested an earnest disposition to cultivate +friendly relations with our country, and has expressed a strong wish that +we should be represented at Teheran by a minister plenipotentiary; and I +recommend that an appropriation be made for this purpose. +</p> + +<p> +Recent occurrences in China have been unfavorable to a revision of the +treaty with that Empire of the 3d July, 1844, with a view to the security +and extension of our commerce. The twenty-fourth article of this treaty +stipulated for a revision of it in case experience should prove this to be +requisite, "in which case the two Governments will, at the expiration of +twelve years from the date of said convention, treat amicably concerning +the same by means of suitable persons appointed to conduct such +negotiations." These twelve years expired on the 3d July, 1856, but long +before that period it was ascertained that important changes in the treaty +were necessary, and several fruitless attempts were made by the +commissioner of the United States to effect these changes. Another effort +was about to be made for the same purpose by our commissioner in +conjunction with the ministers of England and France, but this was +suspended by the occurrence of hostilities in the Canton River between +Great Britain and the Chinese Empire. These hostilities have necessarily +interrupted the trade of all nations with Canton, which is now in a state +of blockade, and have occasioned a serious loss of life and property. +Meanwhile the insurrection within the Empire against the existing imperial +dynasty still continues, and it is difficult to anticipate what will be the +result. +</p> + +<p> +Under these circumstances I have deemed it advisable to appoint a +distinguished citizen of Pennsylvania envoy extraordinary and minister +plenipotentiary to proceed to China and to avail himself of any +opportunities which may offer to effect changes in the existing treaty +favorable to American commerce. He left the United States for the place of +his destination in July last in the war steamer Minnesota. Special +ministers to China have also been appointed by the Governments of Great +Britain and France. +</p> + +<p> +Whilst our minister has been instructed to occupy a neutral position in +reference to the existing hostilities at Canton, he will cordially +cooperate with the British and French ministers in all peaceful measures to +secure by treaty stipulations those just concessions to commerce which the +nations of the world have a right to expect and which China can not long be +permitted to withhold. From assurances received I entertain no doubt that +the three ministers will act in harmonious concert to obtain similar +commercial treaties for each of the powers they represent. +</p> + +<p> +We can not fail to feel a deep interest in all that concerns the welfare of +the independent Republics on our own continent, as well as of the Empire of +Brazil. +</p> + +<p> +Our difficulties with New Granada, which a short time since bore so +threatening an aspect, are, it is to be hoped, in a fair train of +settlement in a manner just and honorable to both parties. +</p> + +<p> +The isthmus of Central America, including that of Panama, is the great +highway between the Atlantic and Pacific over which a large portion of the +commerce of the world is destined to pass. The United States are more +deeply interested than any other nation in preserving the freedom and +security of all the communications across this isthmus. It is our duty, +therefore, to take care that they shall not be interrupted either by +invasions from our own country or by wars between the independent States of +Central America. Under our treaty with New Granada of the 12th December, +1846, we are bound to guarantee the neutrality of the Isthmus of Panama, +through which the Panama Railroad passes, "as well as the rights of +sovereignty and property which New Granada has and possesses over the said +territory." This obligation is rounded upon equivalents granted by the +treaty to the Government and people of the United States. +</p> + +<p> +Under these circumstances I recommend to Congress the passage of an act +authorizing the President, in case of necessity, to employ the land and +naval forces of the United States to carry into effect this guaranty of +neutrality and protection. I also recommend similar legislation for the +security of any other route across the Isthmus in which we may acquire an +interest by treaty. +</p> + +<p> +With the independent Republics on this continent it is both our duty and +our interest to cultivate the most friendly relations. We can never feel +indifferent to their fate, and must always rejoice in their prosperity. +Unfortunately both for them and for us, our example and advice have lost +much of their influence in consequence of the lawless expeditions which +have been fitted out against some of them within the limits of our country. +Nothing is better calculated to retard our steady material progress or +impair our character as a nation than the toleration of such enterprises in +violation of the law of nations. +</p> + +<p> +It is one of the first and highest duties of any independent state in its +relations with the members of the great family of nations to restrain its +people from acts of hostile aggression against their citizens or subjects. +The most eminent writers on public law do not hesitate to denounce such +hostile acts as robbery and murder. +</p> + +<p> +Weak and feeble states like those of Central America may not feel +themselves able to assert and vindicate their rights. The case would be far +different if expeditions were set on foot within our own territories to +make private war against a powerful nation. If such expeditions were fitted +out from abroad against any portion of our own country, to burn down our +cities, murder and plunder our people, and usurp our Government, we should +call any power on earth to the strictest account for not preventing such +enormities. +</p> + +<p> +Ever since the Administration of General Washington acts of Congress have +been enforced to punish severely the crime of setting on foot a military +expedition within the limits of the United States to proceed from thence +against a nation or state with whom we are at peace. The present neutrality +act of April 20, 1818, is but little more than a collection of preexisting +laws. Under this act the President is empowered to employ the land and +naval forces and the militia "for the purpose of preventing the carrying on +of any such expedition or enterprise from the territories and jurisdiction +of the United States," and the collectors of customs are authorized and +required to detain any vessel in port when there is reason to believe she +is about to take part in such lawless enterprises. +</p> + +<p> +When it was first rendered probable that an attempt would be made to get up +another unlawful expedition against Nicaragua, the Secretary of State +issued instructions to the marshals and district attorneys, which were +directed by the Secretaries of War and the Navy to the appropriate army and +navy officers, requiring them to be vigilant and to use their best +exertions in carrying into effect the provisions of the act of 1818. +Notwithstanding these precautions, the expedition has escaped from our +shores. Such enterprises can do no possible good to the country, but have +already inflicted much injury both on its interests and its character. They +have prevented peaceful emigration from the United States to the States of +Central America, which could not fail to prove highly beneficial to all the +parties concerned. In a pecuniary point of view alone our citizens have +sustained heavy losses from the seizure and closing of the transit route by +the San Juan between the two oceans. +</p> + +<p> +The leader of the recent expedition was arrested at New Orleans, but was +discharged on giving bail for his appearance in the insufficient sum of +$2,000. +</p> + +<p> +I commend the whole subject to the serious attention of Congress, believing +that our duty and our interest, as well as our national character, require +that we should adopt such measures as will be effectual in restraining our +citizens from committing such outrages. +</p> + +<p> +I regret to inform you that the President of Paraguay has refused to ratify +the treaty between the United States and that State as amended by the +Senate, the signature of which was mentioned in the message of my +predecessor to Congress at the opening of its session in December, 1853. +The reasons assigned for this refusal will appear in the correspondence +herewith submitted. +</p> + +<p> +It being desirable to ascertain the fitness of the river La Plata and its +tributaries for navigation by steam, the United States steamer Water Witch +was sent thither for that purpose in 1853. This enterprise was successfully +carried on until February, 1855, when, whilst in the peaceful prosecution +of her voyage up the Parana River, the steamer was fired upon by a +Paraguayan fort. The fire was returned, but as the Water Witch was of small +force and not designed for offensive operations, she retired from the +conflict. The pretext upon which the attack was made was a decree of the +President of Paraguay of October, 1854, prohibiting foreign vessels of war +from navigating the rivers of that State. As Paraguay, however, was the +owner of but one bank of the river of that name, the other belonging to +Corientes, a State of the Argentine Confederation, the right of its +Government to expect that such a decree would be obeyed can not be +acknowledged. But the Water Witch was not, properly speaking, a vessel of +war. She was a small steamer engaged in a scientific enterprise intended +for the advantage of commercial states generally. Under these circumstances +I am constrained to consider the attack upon her as unjustifiable and as +calling for satisfaction from the Paraguayan Government. +</p> + +<p> +Citizens of the United States also who were established in business in +Paraguay have had their property seized and taken from them, and have +otherwise been treated by the authorities in an insulting and arbitrary +manner, which requires redress. +</p> + +<p> +A demand for these purposes will be made in a firm but conciliatory spirit. +This will the more probably be granted if the Executive shall have +authority to use other means in the event of a refusal. This is accordingly +recommended. +</p> + +<p> +It is unnecessary to state in detail the alarming condition of the +Territory of Kansas at the time of my inauguration. The opposing parties +then stood in hostile array against each other, and any accident might have +relighted the flames of civil war. Besides, at this critical moment Kansas +was left without a governor by the resignation of Governor Geary. +</p> + +<p> +On the 19th of February previous the Territorial legislature had passed a +law providing for the election of delegates on the third Monday of June to +a convention to meet on the first Monday of September for the purpose of +framing a constitution preparatory to admission into the Union. This law +was in the main fair and just, and it is to be regretted that all the +qualified electors had not registered themselves and voted under its +provisions. +</p> + +<p> +At the time of the election for delegates an extensive organization existed +in the Territory whose avowed object it was, if need be, to put down the +lawful government by force and to establish a government of their own under +the so-called Topeka constitution. The persons attached to this +revolutionary organization abstained from taking any part in the election. +</p> + +<p> +The act of the Territorial legislature had omitted to provide for +submitting to the people the constitution which might be framed by the +convention, and in the excited state of public feeling throughout Kansas an +apprehension extensively prevailed that a design existed to force upon them +a constitution in relation to slavery against their will. In this emergency +it became my duty, as it was my unquestionable right, having in view the +union of all good citizens in support of the Territorial laws, to express +an opinion on the true construction of the provisions concerning slavery +contained in the organic act of Congress of the 30th May, 1854. Congress +declared it 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." Under it Kansas, "when admitted as a +State," was to "be received into the Union with or without slavery, as +their constitution may prescribe at the time of their admission." +</p> + +<p> +Did Congress mean by this language that the delegates elected to frame a +constitution should have authority finally to decide the question of +slavery, or did they intend by leaving it to the people that the people of +Kansas themselves should decide this question by a direct vote? On this +subject I confess I had never entertained a serious doubt, and therefore in +my instructions to Governor Walker of the 28th March last I merely said +that when "a constitution shall be submitted to the people of the Territory +they must be protected in the exercise of their right of voting for or +against that instrument, and the fair expression of the popular will must +not be interrupted by fraud or violence." +</p> + +<p> +In expressing this opinion it was far from my intention to interfere with +the decision of the people of Kansas, either for or against slavery. From +this I have always carefully abstained. Intrusted with the duty of taking +"care that the laws be faithfully executed," my only desire was that the +people of Kansas should furnish to Congress the evidence required by the +organic act, whether for or against slavery, and in this manner smooth +their passage into the Union. In emerging from the condition of Territorial +dependence into that of a sovereign State it was their duty, in my opinion, +to make known their will by the votes of the majority on the direct +question whether this important domestic institution should or should not +continue to exist. Indeed, this was the only possible mode in which their +will could be authentically ascertained. +</p> + +<p> +The election of delegates to a convention must necessarily take place in +separate districts. From this cause it may readily happen, as has often +been the case, that a majority of the people of a State or Territory are on +one side of a question, whilst a majority of the representatives from the +several districts into which it is divided may be upon the other side. This +arises front the fact that in some districts delegates may be elected by +small majorities, whilst in others those of different sentiments may +receive majorities sufficiently great not only to overcome the votes given +for the former, but to leave a large majority of the whole people in direct +opposition to a majority of the delegates. Besides, our history proves that +influences may be brought to bear on the representative sufficiently +powerful to induce him to disregard the will of his constituents. The truth +is that no other authentic and satisfactory mode exists of ascertaining the +will of a majority of the people of any State or Territory on an important +and exciting question like that of slavery in Kansas except by leaving it +to a direct vote. How wise, then, was it for Congress to pass over all +subordinate and intermediate agencies and proceed directly to the source of +all legitimate power under our institutions! +</p> + +<p> +How vain would any other principle prove in practice! This may be +illustrated by the case of Kansas. Should she be admitted into the Union +with a constitution either maintaining or abolishing slavery against the +sentiment of the people, this could have no other effect than to continue +and to exasperate the existing agitation during the brief period required +to make the constitution conform to the irresistible will of the majority. +</p> + +<p> +The friends and supporters of the Nebraska and Kansas act, when struggling +on a recent occasion to sustain its wise provisions before the great +tribunal of the American people, never differed about its true meaning on +this subject. Everywhere throughout the Union they publicly pledged their +faith and their honor that they would cheerfully submit the question of +slavery to the decision of the bona fide people of Kansas, without any +restriction or qualification whatever. All were cordially united upon the +great doctrine of popular sovereignty, which is the vital principle of our +free institutions. Had it then been insinuated from any quarter that it +would be a sufficient compliance with the requisitions of the organic law +for the members of a convention thereafter to be elected to withhold the +question of slavery from the people and to substitute their own will for +that of a legally ascertained majority of all their constituents, this +would have been instantly rejected. Everywhere they remained true to the +resolution adopted on a celebrated occasion recognizing "the right of the +people of all the Territories, including Kansas and Nebraska, acting +through the legally and fairly expressed will of a majority of actual +residents, and whenever the number of their inhabitants justifies it, to +form a constitution with or without slavery and be admitted into the Union +upon terms of perfect equality with the other States." +</p> + +<p> +The convention to frame a constitution for Kansas met on the first Monday +of September last. They were called together by virtue of an act of the +Territorial legislature, whose lawful existence had been recognized by +Congress in different forms and by different enactments. A large proportion +of the citizens of Kansas did not think proper to register their names and +to vote at the election for delegates; but an opportunity to do this having +been fairly afforded, their refusal to avail themselves of their right +could in no manner affect the legality of the convention. This convention +proceeded to frame a constitution for Kansas, and finally adjourned on the +7th day of November. But little difficulty occurred in the convention +except on the subject of slavery. The truth is that the general provisions +of our recent State constitutions are so similar and, I may add, so +excellent that the difference between them is not essential. Under the +earlier practice of the Government no constitution framed by the convention +of a Territory preparatory to its admission into the Union as a State had +been submitted to the people. I trust, however, the example set by the last +Congress, requiring that the constitution of Minnesota "should be subject +to the approval and ratification of the people of the proposed State," may +be followed on future occasions. I took it for granted that the convention +of Kansas would act in accordance with this example, rounded, as it is, on +correct principles, and hence my instructions to Governor Walker in favor +of submitting the constitution to the people were expressed in general and +unqualified terms. +</p> + +<p> +In the Kansas-Nebraska act, however, this requirement, as applicable to the +whole constitution, had not been inserted, and the convention were not +bound by its terms to submit any other portion of the instrument to an +election except that which relates to the "domestic institution" of +slavery. This will be rendered clear by a simple reference to its language. +It was "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." According +to the plain construction of the sentence, the words "domestic +institutions" have a direct, as they have an appropriate, reference to +slavery. "Domestic institutions" are limited to the family. The relation +between master and slave and a few others are "domestic institutions," and +are entirely distinct from institutions of a political character. Besides, +there was no question then before Congress, nor, indeed, has there since +been any serious question before the people of Kansas or the country, +except that which relates to the "domestic institution" of slavery. The +convention, after an angry and excited debate, finally determined, by a +majority of only two, to submit the question of slavery to the people, +though at the last forty-three of the fifty delegates present affixed their +signatures to the constitution. +</p> + +<p> +A large majority of the convention were in favor of establishing slavery in +Kansas. They accordingly inserted an article in the constitution for this +purpose similar in form to those which had been adopted by other +Territorial conventions. In the schedule, however, providing for the +transition from a Territorial to a State government the question has been +fairly and explicitly referred to the people whether they will have a +constitution "with or without slavery." It declares that before the +constitution adopted by the convention "shall be sent to Congress for +admission into the Union as a State" an election shall be held to decide +this question, at which all the white male inhabitants of the Territory +above the age of 21 are entitled to vote. They are to vote by ballot, and +"the ballots cast at said election shall be indorsed 'constitution with +slavery' and 'constitution with no slavery.'" If there be a majority in +favor of the "constitution with slavery," then it is to be transmitted to +Congress by the president of the convention in its original form; if, on +the contrary, there shall be a majority in favor of the "constitution with +no slavery," "then the article providing for slavery shall be stricken from +the constitution by the president of this convention;" and it is expressly +declared that "no slavery shall exist in the State of Kansas, except that +the right of property in slaves now in the Territory shall in no manner be +interfered with;" and in that event it is made his duty to have the +constitution thus ratified transmitted to the Congress of the United States +for the admission of the State into the Union. +</p> + +<p> +At this election every citizen will have an opportunity of expressing his +opinion by his vote "whether Kansas shall be received into the Union with +or without slavery," and thus this exciting question may be peacefully +settled in the very mode required by the organic law. The election will be +held under legitimate authority, and if any portion of the inhabitants +shall refuse to vote, a fair opportunity to do so having been presented, +this will be their own voluntary act and they alone will be responsible for +the consequences. +</p> + +<p> +Whether Kansas shall be a free or a slave State must eventually, under some +authority, be decided by an election; and the question can never be more +clearly or distinctly presented to the people than it is at the present +moment. Should this opportunity be rejected she may be involved for years +in domestic discord, and possibly in civil war, before she can again make +up the issue now so fortunately tendered and again reach the point she has +already attained. +</p> + +<p> +Kansas has for some years occupied too much of the public attention. It is +high time this should be directed to far more important objects. When once +admitted into the Union, whether with or without slavery, the excitement +beyond her own limits will speedily pass away, and she will then for the +first time be left, as she ought to have been long since, to manage her own +affairs in her own way. If her constitution on the subject of slavery or on +any other subject be displeasing to a majority of the people, no human +power can prevent them from changing it within a brief period. Under these +circumstances it may well be questioned whether the peace and quiet of the +whole country are not of greater importance than the mere temporary triumph +of either of the political parties in Kansas. +</p> + +<p> +Should the constitution without slavery be adopted by the votes of the +majority, the rights of property in slaves now in the Territory are +reserved. The number of these is very small, but if it were greater the +provision would be equally just and reasonable. The slaves were brought +into the Territory under the Constitution of the United States and are now +the property of their masters. This point has at length been finally +decided by the highest judicial tribunal of the country, and this upon the +plain principle that when a confederacy of sovereign States acquire a new +territory at their joint expense both equality and justice demand that the +citizens of one and all of them shall have the right to take into it +whatsoever is recognized as property by the common Constitution. To have +summarily confiscated the property in slaves already in the Territory would +have been an act of gross injustice and contrary to the practice of the +older States of the Union which have abolished slavery. +</p> + +<p> +A Territorial government was established for Utah by act of Congress +approved the 9th September, 1850, and the Constitution and laws of the +United States were thereby extended over it "so far as the same or any +provisions thereof may be applicable." This act provided for the +appointment by the President, by and with the advice and consent of the +Senate, of a governor (who was to be ex officio superintendent of Indian +affairs), a secretary, three judges of the supreme court, a marshal, and a +district attorney. Subsequent acts provided for the appointment of the +officers necessary to extend our land and our Indian system over the +Territory. Brigham Young was appointed the first governor on the 20th +September, 1850, and has held the office ever since. Whilst Governor Young +has been both governor and superintendent of Indian affairs throughout this +period, he has been at the same time the head of the church called the +Latter-day Saints, and professes to govern its members and dispose of their +property by direct inspiration and authority from the Almighty. His power +has been, therefore, absolute over both church and state. +</p> + +<p> +The people of Utah almost exclusively belong to this church, and believing +with a fanatical spirit that he is governor of the Territory by divine +appointment, they obey his commands as if these were direct revelations +from Heaven. If, therefore, he chooses that his government shall come into +collision with the Government of the United States, the members of the +Mormon Church will yield implicit obedience to his will. Unfortunately, +existing facts leave but little doubt that such is his determination. +Without entering upon a minute history of occurrences, it is sufficient to +say that all the officers of the United States, judicial and executive, +with the single exception of two Indian agents, have found it necessary for +their own personal safety to withdraw from the Territory, and there no +longer remains any government in Utah but the despotism of Brigham Young. +This being the condition of affairs in the Territory, I could not mistake +the path of duty. As Chief Executive Magistrate I was bound to restore the +supremacy of the Constitution and laws within its limits. In order to +effect this purpose, I appointed a new governor and other Federal officers +for Utah and sent with them a military force for their protection and to +aid as a posse comitatus in case of need in the execution of the laws. +</p> + +<p> +With the religious opinions of the Mormons, as long as they remained mere +opinions, however deplorable in themselves and revolting to the moral and +religious sentiments of all Christendom, I had no right to interfere. +Actions alone, when in violation of the Constitution and laws of the United +States, become the legitimate subjects for the jurisdiction of the civil +magistrate. My instructions to Governor Cumming have therefore been framed +in strict accordance with these principles. At their date a hope was +indulged that no necessity might exist for employing the military in +restoring and maintaining the authority of the law, but this hope has now +vanished. Governor Young has by proclamation declared his determination to +maintain his power by force, and has already committed acts of hostility +against the United States. Unless he should retrace his steps the Territory +of Utah will be in a state of open rebellion. He has committed these acts +of hostility notwithstanding Major Van Vliet, an officer of the Army, sent +to Utah by the Commanding General to purchase provisions for the troops, +had given him the strongest assurances of the peaceful intentions of the +Government, and that the troops would only be employed as a posse comitatus +when called on by the civil authority to aid in the execution of the laws. +</p> + +<p> +There is reason to believe that Governor Young has long contemplated this +result. He knows that the continuance of his despotic power depends upon +the exclusion of all settlers from the Territory except those who will +acknowledge his divine mission and implicitly obey his will, and that an +enlightened public opinion there would soon prostrate institutions at war +with the laws both of God and man. "He has therefore for several years, in +order to maintain his independence, been industriously employed in +collecting and fabricating arms and munitions of war and in disciplining +the Mormons for military service." As superintendent of Indian affairs he +has had an opportunity of tampering with the Indian tribes and exciting +their hostile feelings against the United States. This, according to our +information, he has accomplished in regard to some of these tribes, while +others have remained true to their allegiance and have communicated his +intrigues to our Indian agents. He has laid in a store of provisions for +three years, which in case of necessity, as he informed Major Van Vliet, he +will conceal, "and then take to the mountains and bid defiance to all the +powers of the Government." +</p> + +<p> +A great part of all this may be idle boasting, but yet no wise government +will lightly estimate the efforts which may be inspired by such frenzied +fanaticism as exists among the Mormons in Utah. This is the first rebellion +which has existed in our Territories, and humanity itself requires that we +should put it down in such a manner that it shall be the last. To trifle +with it would be to encourage it and to render it formidable. We ought to +go there with such an imposing force as to convince these deluded people +that resistance would be vain, and thus spare the effusion of blood. We can +in this manner best convince them that we are their friends, not their +enemies. In order to accomplish this object it will be necessary, according +to the estimate of the War Department, to raise four additional regiments; +and this I earnestly recommend to Congress. At the present moment of +depression in the revenues of the country I am sorry to be obliged to +recommend such a measure; but I feel confident of the support of Congress, +cost what it may, in suppressing the insurrection and in restoring and +maintaining the sovereignty of the Constitution and laws over the Territory +of Utah. +</p> + +<p> +I recommend to Congress the establishment of a Territorial government over +Arizona, incorporating with it such portions of New Mexico as they may deem +expedient. I need scarcely adduce arguments in support of this +recommendation. We are bound to protect the lives and the property of our +citizens inhabiting Arizona, and these are now without any efficient +protection. Their present number is already considerable, and is rapidly +increasing, notwithstanding the disadvantages under which they labor. +Besides, the proposed Territory is believed to be rich in mineral and +agricultural resources, especially in silver and copper. The mails of the +United States to California are now carried over it throughout its whole +extent, and this route is known to be the nearest and believed to be the +best to the Pacific. +</p> + +<p> +Long experience has deeply convinced me that a strict construction of the +powers granted to Congress is the only true, as well as the only safe, +theory of the Constitution. Whilst this principle shall guide my public +conduct, I consider it clear that under the war-making power Congress may +appropriate money for the Construction of a military road through the +Territories of the United States when this is absolutely necessary for the +defense of any of the States against foreign invasion. The Constitution has +conferred upon Congress power "to declare war," "to raise and support +armies," "to provide and maintain a navy," and to call forth the militia to +"repel invasions." These high sovereign powers necessarily involve +important and responsible public duties, and among them there is none so +sacred and so imperative as that of preserving our soil from the invasion +of a foreign enemy. The Constitution has therefore left nothing on this +point to construction, but expressly requires that "the United States shall +protect each of them [the States] against invasion." Now if a military road +over our own Territories be indispensably necessary to enable us to meet +and repel the invader, it follows as a necessary consequence not only that +we possess the power, but it is our imperative duty to construct such a +road. It would be an absurdity to invest a government with the unlimited +power to make and conduct war and at the same time deny to it the only +means of reaching and defeating the enemy at the frontier. Without such a +road it is quite evident we can not "protect" California and our Pacific +possessions "against invasion." We can not by any other means transport men +and munitions of war from the Atlantic States in sufficient time +successfully to defend these remote and distant portions of the Republic. +</p> + +<p> +Experience has proved that the routes across the isthmus of Central America +are at best but a very uncertain and unreliable mode of communication. But +even if this were not the case, they would at once be closed against us in +the event of war with a naval power so much stronger than our own as to +enable it to blockade the ports at either end of these routes. After all, +therefore, we can only rely upon a military road through our own +Territories; and ever since the origin of the Government Congress has been +in the practice of appropriating money from the public Treasury for the +construction of such roads. +</p> + +<p> +The difficulties and the expense of constructing a military railroad to +connect our Atlantic and Pacific States have been greatly exaggerated. The +distance on the Arizona route, near the thirty-second parallel of north +latitude, between the western boundary of Texas, on the Rio Grande, and the +eastern boundary of California, on the Colorado, from the best explorations +now within our knowledge, does not exceed 470 miles, and the face of the +country is in the main favorable. For obvious reasons the Government ought +not to undertake the work itself by means of its own agents. This ought to +be committed to other agencies, which Congress might assist, either by +grants of land or money, or by both, upon such terms and conditions as they +may deem most beneficial for the country. Provision might thus be made not +only for the safe, rapid, and economical transportation of troops and +munitions of war, but also of the public mails. The commercial interests of +the whole country, both East and West, would be greatly promoted by such a +road, and, above all, it would be a powerful additional bond of union. And +although advantages of this kind, whether postal, commercial, or political, +can not confer constitutional power, yet they may furnish auxiliary +arguments in favor of expediting a work which, in my judgment, is clearly +embraced within the war-making power. +</p> + +<p> +For these reasons I commend to the friendly consideration of Congress the +subject of the Pacific Railroad, without finally committing myself to any +particular route. +</p> + +<p> +The report of the Secretary of the Treasury will furnish a detailed +statement of the condition of the public finances and of the respective +branches of the public service devolved upon that Department of the +Government. By this report it appears that the amount of revenue received +from all sources into the Treasury during the fiscal year ending the 30th +June, 1857, was $68,631,513.67, which amount, with the balance of +$19,901,325.45 remaining in the Treasury at the commencement of the year, +made an aggregate for the service of the year of $88,532,839.12. +</p> + +<p> +The public expenditures for the fiscal year ending 30th June, 1857, +amounted to $70,822,724.85, of which $5,943,896.91 were applied to the +redemption of the public debt, including interest and premium, leaving in +the Treasury at the commencement of the present fiscal year, on the 1st +July, 1857, $17,710,114.27. +</p> + +<p> +The receipts into the Treasury for the first quarter of the present fiscal +year, commencing 1st July, 1857, were $20,929,819.81, and the estimated +receipts of the remaining three quarters to the 30th June, 1858, are +$36,750,000, making, with the balance before stated, an aggregate of +$75,389,934.08 for the service of the present fiscal year. +</p> + +<p> +The actual expenditures during the first quarter of the present fiscal year +were $23,714,528.37, of which $3,895,232.39 were applied to the redemption +of the public debt, including interest and premium. The probable +expenditures of the remaining three quarters to 30th June, 1858, are +$51,248,530.04, including interest on the public debt, making an aggregate +of $74,963,058.41, leaving an estimated balance in the Treasury at the +close of the present fiscal year of $426,875.67. +</p> + +<p> +The amount of the public debt at the commencement of the present fiscal +year was $29,060,386.90. +</p> + +<p> +The amount redeemed since the 1st of July was $3,895,232.39, leaving a +balance unredeemed at this time of $25,165,154.51. +</p> + +<p> +The amount of estimated expenditures for the remaining three quarters of +the present fiscal year will in all probability be increased from the +causes set forth in the report of the Secretary. His suggestion, therefore, +that authority should be given to supply any temporary deficiency by the +issue of a limited amount of Treasury notes is approved, and I accordingly +recommend the passage of such a law. +</p> + +<p> +As stated in the report of the Secretary, the tariff of March 3, 1857, has +been in operation for so short a period of time and under circumstances so +unfavorable to a just development of its results as a revenue measure that +I should regard it as inexpedient, at least for the present, to undertake +its revision. +</p> + +<p> +I transmit herewith the reports made to me by the Secretaries of War and of +the Navy, of the Interior, and of the Postmaster-General. They all contain +valuable and important information and suggestions, which I commend to the +favorable consideration of Congress. +</p> + +<p> +I have already recommended the raising of four additional regiments, and +the report of the Secretary of War presents strong reasons proving this +increase of the Army under existing circumstances to be indispensable. +</p> + +<p> +I would call the special attention of Congress to the recommendation of the +Secretary of the Navy in favor of the construction of ten small war +steamers of light draft. For some years the Government has been obliged on +many occasions to hire such steamers from individuals to supply its +pressing wants. At the present moment we have no armed vessel in the Navy +which can penetrate the rivers of China. We have but few which can enter +any of the harbors south of Norfolk, although many millions of foreign and +domestic commerce annually pass in and out of these harbors. Some of our +most valuable interests and most vulnerable points are thus left exposed. +This class of vessels of light draft, great speed, and heavy guns would be +formidable in coast defense. The cost of their construction will not be +great and they will require but a comparatively small expenditure to keep +them in commission. In time of peace they will prove as effective as much +larger vessels and more useful. One of them should be at every station +where we maintain a squadron, and three or four should be constantly +employed on our Atlantic and Pacific coasts. Economy, utility, and +efficiency combine to recommend them as almost indispensable. Ten of these +small vessels would be of incalculable advantage to the naval service, and +the whole cost of their construction would not exceed $2,300,000, or +$230,000 each. +</p> + +<p> +The report of the Secretary of the Interior is worthy of grave +consideration. It treats of the numerous important and diversified branches +of domestic administration intrusted to him by law. Among these the most +prominent are the public lands and our relations with the Indians. Our +system for the disposal of the public lands, originating with the fathers +of the Republic, has been improved as experience pointed the way, and +gradually adapted to the growth and settlement of our Western States and +Territories. It has worked well in practice. Already thirteen States and +seven Territories have been carved out of these lands, and still more than +a thousand millions of acres remain unsold. What a boundless prospect this +presents to our country of future prosperity and power! +</p> + +<p> +We have heretofore disposed of 363,862,464 acres of the public land. Whilst +the public lands, as a source of revenue, are of great importance, their +importance is far greater as furnishing homes for a hardy and independent +race of honest and industrious citizens who desire to subdue and cultivate +the soil. They ought to be administered mainly with a view of promoting +this wise and benevolent policy. In appropriating them for any other +purpose we ought to use even greater economy than if they had been +converted into money and the proceeds were already in the public Treasury. +To squander away this richest and noblest inheritance which any people have +ever enjoyed upon objects of doubtful constitutionality or expediency would +be to violate one of the most important trusts ever committed to any +people. Whilst I do not deny to Congress the power, when acting bona fide +as a proprietor, to give away portions of them for the purpose of +increasing the value of the remainder, yet, considering the great +temptation to abuse this power, we can not be too cautious in its exercise. +Actual settlers under existing laws are protected against other purchasers +at the public sales in their right of preemption to the extent of a quarter +section, or 160 acres, of land. The remainder may then be disposed of at +public or entered at private sale in unlimited quantities. Speculation has +of late years prevailed to a great extent in the public lands. The +consequence has been that large portions of them have become the property +of individuals and companies, and thus the price is greatly enhanced to +those who desire to purchase for actual settlement. In order to limit the +area of speculation as much as possible, the extinction of the Indian title +and the extension of the public surveys ought only to keep pace with the +tide of emigration. +</p> + +<p> +If Congress should hereafter grant alternate sections to States or +companies, as they have done heretofore, I recommend that the intermediate +sections retained by the Government should be subject to preemption by +actual settlers. +</p> + +<p> +It ought ever to be our cardinal policy to reserve the public lands as much +as may be for actual settlers, and this at moderate prices. We shall thus +not only best promote the prosperity of the new States and Territories and +the power of the Union, but shall secure homes for our posterity for many +generations. +</p> + +<p> +The extension of our limits has brought within our jurisdiction many +additional and populous tribes of Indians, a large proportion of which are +wild, untractable, and difficult to control. Predatory and warlike in their +disposition and habits, it is impossible altogether to restrain them from +committing aggressions on each other, as well as upon our frontier citizens +and those emigrating to our distant States and Territories. Hence expensive +military expeditions are frequently necessary to overawe and chastise the +more lawless and hostile. The present system of making them valuable +presents to influence them to remain at peace has proved ineffectual. It is +believed to be the better policy to colonize them in suitable localities +where they can receive the rudiments of education and be gradually induced +to adopt habits of industry. So far as the experiment has been tried it has +worked well in practice, and it will doubtless prove to be less expensive +than the present system. +</p> + +<p> +The whole number of Indians within our territorial limits is believed to +be, from the best data in the Interior Department, about 325,000. The +tribes of Cherokees, Choctaws, Chickasaws, and Creeks settled in the +Territory set apart for them west of Arkansas are rapidly advancing in +education and in all the arts of civilization and self-government and we +may indulge the agreeable anticipation that at no very distant day they +will be incorporated into the Union as one of the sovereign States. +</p> + +<p> +It will be seen from the report of the Postmaster-General that the +Post-Office Department still continues to depend on the Treasury, as it has +been compelled to do for several years past, for an important portion of +the means of sustaining and extending its operations. Their rapid growth +and expansion are shown by a decennial statement of the number of +post-offices and the length of post-roads, commencing with the year 1827. +In that year there were 7,000 post-offices; in 1837, 11,177; in 1847, +15,146, and in 1857 they number 26,586. In this year 1,725 post-offices +have been established and 704 discontinued, leaving a net increase of +1,021. The postmasters of 368 offices are appointed by the President. +</p> + +<p> +The length of post-roads in 1827 was 105,336 miles; in 1837,141,242 miles; +in 1847, 153,818 miles, and in the year 1857 there are 242,601 miles of +post-road, including 22,530 miles of railroad on which the mails are +transported. +</p> + +<p> +The expenditures of the Department for the fiscal year ending on the 30th +June, 1857, as adjusted by the Auditor, amounted to $11,507,670. To defray +these expenditures there was to the credit of the Department on the 1st +July, 1856, the sum of $789,599; the gross revenue of the year, including +the annual allowances for the transportation of free mail matter, produced +$8,053,951, and the remainder was supplied by the appropriation from the +Treasury of $2,250,000 granted by the act of Congress approved August 18, +1856, and by the appropriation of $666,883 made by the act of March 3, +1857, leaving $252,763 to be carried to the credit of the Department in the +accounts of the current year. I commend to your consideration the report of +the Department in relation to the establishment of the overland mail route +from the Mississippi River to San Francisco, Cal. The route was selected +with my full concurrence, as the one, in my judgment, best calculated to +attain the important objects contemplated by Congress. +</p> + +<p> +The late disastrous monetary revulsion may have one good effect should it +cause both the Government and the people to return to the practice of a +wise and judicious economy both in public and private expenditures. +</p> + +<p> +An overflowing Treasury has led to habits of prodigality and extravagance +in our legislation. It has induced Congress to make large appropriations to +objects for which they never would have provided had it been necessary to +raise the amount of revenue required to meet them by increased taxation or +by loans. We are now compelled to pause in our career and to scrutinize our +expenditures with the utmost vigilance; and in performing this duty I +pledge my cooperation to the extent of my constitutional competency. +</p> + +<p> +It ought to be observed at the same time that true public economy does not +consist in withholding the means necessary to accomplish important national +objects intrusted to us by the Constitution, and especially such as may be +necessary for the common defense. In the present crisis of the country it +is our duty to confine our appropriations to objects of this character, +unless in cases where justice to individuals may demand a different course. +In all cases care ought to be taken that the money granted by Congress +shall be faithfully and economically applied. +</p> + +<p> +Under the Federal Constitution "every bill which shall have passed the +House of Representatives and the Senate shall, before it become a law," be +approved and signed by the President; and if not approved, "he shall return +it with his objections to that House in which it shall have originated." In +order to perform this high and responsible duty, sufficient time must be +allowed the President to read and examine every bill presented to him for +approval. Unless this be afforded, the Constitution becomes a dead letter +in this particular, and; even worse, it becomes a means of deception. Our +constituents, seeing the President's approval and signature attached to +each act of Congress, are induced to believe that he has actually performed +his duty, when in truth nothing is in many cases more unfounded. +</p> + +<p> +From the practice of Congress such an examination of each bill as the +Constitution requires has been rendered impossible. The most important +business of each session is generally crowded into its last hours, and the +alternative presented to the President is either to violate the +constitutional duty which he owes to the people and approve bills which for +want of time it is impossible he should have examined, or by his refusal to +do this subject the country and individuals to great loss and +inconvenience. +</p> + +<p> +Besides, a practice has grown up of late years to legislate in +appropriation bills at the last hours of the session on new and important +subjects. This practice constrains the President either to suffer measures +to become laws which he does not approve or to incur the risk of stopping +the wheels of the Government by vetoing an appropriation bill. Formerly +such bills were confined to specific appropriations for carrying into +effect existing laws and the well-established policy of the country, and +little time was then requited by the President for their examination. +</p> + +<p> +For my own part, I have deliberately determined that I shall approve no +bills which I have not examined, and it will be a case of extreme and most +urgent necessity which shall ever induce me to depart from this rule. I +therefore respectfully but earnestly recommend that the two Houses would +allow the President at least two days previous to the adjournment of each +session within which no new bill shall be presented to him for approval. +Under the existing joint rule one day is allowed, but this rule has been +hitherto so constantly suspended in practice that important bills continue +to be presented to him up till the very last moments of the session. In a +large majority of cases no great public inconvenience can arise from the +want of time to examine their provisions, because the Constitution has +declared that if a bill be presented to the President within the last ten +days of the session he is not required to return it, either with an +approval or with a veto, "in which case it shall not be a law." It may then +lie over and be taken up and passed at the next session. Great +inconvenience would only be experienced in regard to appropriation bills, +but, fortunately, under the late excellent law allowing a salary instead of +a per diem to members of Congress the expense and inconvenience of a called +session will be greatly reduced. +</p> + +<p> +I can not conclude without commending to your favorable consideration the +interest of the people of this District. Without a representative on the +floor of Congress, they have for this very reason peculiar claims upon our +just regard. To this I know, from my long acquaintance with them, they are +eminently entitled. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1858"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Buchanan<br /> +December 6, 1858<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and House of Representatives: +</p> + +<p> +When we compare the condition of the country at the present day with what +it was one year ago at the meeting of Congress, we have much reason for +gratitude to that Almighty Providence which has never failed to interpose +for our relief at the most critical periods of our history. One year ago +the sectional strife between the North and the South on the dangerous +subject of slavery had again become so intense as to threaten the peace and +perpetuity of the Confederacy. The application for the admission of Kansas +as a State into the Union fostered this unhappy agitation and brought the +whole subject once more before Congress. It was the desire of every patriot +that such measures of legislation might be adopted as would remove the +excitement from the States and confine it to the Territory where it +legitimately belonged. Much has been done, I am happy to say, toward the +accomplishment of this object during the last session of Congress. The +Supreme Court of the United States had previously decided that all American +citizens have an equal right to take into the Territories whatever is held +as property under the laws of any of the States, and to hold such property +there under the guardianship of the Federal Constitution so long as the +Territorial condition shall remain. +</p> + +<p> +This is now a well-established position, and the proceedings of the last +session were alone wanting to give it practical effect. The principle has +been recognized in some form or other by an almost unanimous vote of both +Houses of Congress that a Territory has a right to come into the Union +either as a free or a slave State, according to the will of a majority of +its people. The just equality of all the States has thus been vindicated +and a fruitful source of dangerous dissension among them has been removed. +</p> + +<p> +Whilst such has been the beneficial tendency of your legislative +proceedings outside of Kansas, their influence has nowhere been so happy as +within that Territory itself. Left to manage and control its own affairs in +its own way, without the pressure of external influence, the revolutionary +Topeka organization and all resistance to the Territorial government +established by Congress have been finally abandoned. As a natural +consequence that fine Territory now appears to be tranquil and prosperous +and is attracting increasing thousands of immigrants to make it their happy +home. +</p> + +<p> +The past unfortunate experience of Kansas has enforced the lesson, so often +already taught, that resistance to lawful authority under our form of +government can not fail in the end to prove disastrous to its authors. Had +the people of the Territory yielded obedience to the laws enacted by their +legislature, it would at the present moment have contained a large +additional population of industrious and enterprising citizens, who have +been deterred from entering its borders by the existence of civil strife +and organized rebellion. +</p> + +<p> +It was the resistance to rightful authority and the persevering attempts to +establish a revolutionary government under the Topeka constitution which +caused the people of Kansas to commit the grave error of refusing to vote +for delegates to the convention to frame a constitution under a law not +denied to be fair and just in its provisions. This refusal to vote has been +the prolific source of all the evils which have followed, In their +hostility to the Territorial government they disregarded the principle, +absolutely essential to the working of our form of government, that a +majority of those who vote, not the majority who may remain at home, from +whatever cause, must decide the result of an election. For this reason, +seeking to take advantage of their own error, they denied the authority of +the convention thus elected to frame a constitution. +</p> + +<p> +The convention, notwithstanding, proceeded to adopt a constitution +unexceptionable in its general features, and providing for the submission +of the slavery question to a vote of the people, which, in my opinion, they +were bound to do under the Kansas and Nebraska act. This was the +all-important question which had alone convulsed the Territory; and yet the +opponents of the lawful government, persisting in their first error, +refrained from exercising their right to vote, and preferred that slavery +should continue rather than surrender their revolutionary Topeka +organization. +</p> + +<p> +A wiser and better spirit seemed to prevail before the first Monday of +January last, when an election was held under the constitution. A majority +of the people then voted for a governor and other State officers, for a +Member of Congress and members of the State legislature. This election was +warmly contested by the two political parties in Kansas, and a greater vote +was polled than at any previous election. A large majority of the members +of the legislature elect belonged to that party which had previously +refused to vote. The antislavery party were thus placed in the ascendant, +and the political power of the State was in their own hands. Had Congress +admitted Kansas into the Union under the Lecompton constitution, the +legislature might at its very first session have submitted the question to +a vote of the people whether they would or would not have a convention to +amend their constitution, either on the slavery or any other question, and +have adopted all necessary means for giving speedy effect to the will of +the majority. Thus the Kansas question would have been immediately and +finally settled. +</p> + +<p> +Under these circumstances I submitted to Congress the constitution thus +framed, with all the officers already elected necessary to put the State +government into operation, accompanied by a strong recommendation in favor +of the admission of Kansas as a State. In the course of my long public life +I have never performed any official act which in the retrospect has +afforded me more heartfelt satisfaction. Its admission could have inflicted +no possible injury on any human being, whilst it would within a brief +period have restored peace to Kansas and harmony to the Union. In that +event the slavery question would ere this have been finally settled +according to the legally expressed will of a majority of the voters, and +popular sovereignty would thus have been vindicated in a constitutional +manner. +</p> + +<p> +With my deep convictions of duty I could have pursued no other course. It +is true that as an individual I had expressed an opinion, both before and +during the session of the convention, in favor of submitting the remaining +clauses of the constitution, as well as that concerning slavery, to the +people. But, acting in an official character, neither myself nor any human +authority had the power to rejudge the proceedings of the convention and +declare the constitution which it had framed to be a nullity. To have done +this would have been a violation of the Kansas and Nebraska act, which left +the people of the Territory "perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." It would equally have violated the great principle of +popular sovereignty, at the foundation of our institutions, to deprive the +people of the power, if they thought proper to exercise it, of confiding to +delegates elected by themselves the trust of framing a constitution without +requiring them to subject their constituents to the trouble, expense, and +delay of a second election. It would have been in opposition to many +precedents in our history, commencing in the very best age of the Republic, +of the admission of Territories as States into the Union without a previous +vote of the people approving their constitution. +</p> + +<p> +It is to be lamented that a question so insignificant when viewed in its +practical effects on the people of Kansas, whether decided one way or the +other, should have kindled such a flame of excitement throughout the +country. This reflection may prove to be a lesson of wisdom and of warning +for our future guidance. Practically considered, the question is simply +whether the people of that Territory should first come into the Union and +then change any provision in their constitution not agreeable to +themselves, or accomplish the very same object by remaining out of the +Union and framing another constitution in accordance with their will. In +either case the result would be precisely the same. The only difference, in +point of fact, is that the object would have been much sooner attained and +the pacification of Kansas more speedily effected had it been admitted as a +State during the last session of Congress. +</p> + +<p> +My recommendation, however, for the immediate admission of Kansas failed to +meet the approbation of Congress. They deemed it wiser to adopt a different +measure for the settlement of the question. For my own part, I should have +been willing to yield my assent to almost any constitutional measure to +accomplish this object. I therefore cordially acquiesced in what has been +called the English compromise and approved the "act for the admission of +the State of Kansas into the Union" upon the terms therein prescribed. +</p> + +<p> +Under the ordinance which accompanied the Lecompton constitution the people +of Kansas had claimed double the quantity of public lands for the support +of common schools which had ever been previously granted to any State upon +entering the Union, and also the alternate sections of land for 12 miles on +each side of two railroads proposed to be constructed from the northern to +the southern boundary and from the eastern to the western boundary of the +State. Congress, deeming these claims unreasonable, provided by the act of +May 4, 1858, to which I have just referred, for the admission of the State +on an equal footing with the original States, but "upon the fundamental +condition precedent" that a majority of the people thereof, at an election +to be held for that purpose, should, in place of the very large grants of +public lands which they had demanded under the ordinance, accept such +grants as had been made to Minnesota and other new States. Under this act, +should a majority reject the proposition offered them, "it shall be deemed +and held that the people of Kansas do not desire admission into the Union +with said constitution under the conditions set forth in said proposition." +In that event the act authorizes the people of the Territory to elect +delegates to form a constitution and State government for themselves +"whenever, and not before, it is ascertained by a census, duly and legally +taken, that the population of said Territory equals or exceeds the ratio of +representation required for a member of the House of Representatives of the +Congress of the United States." The delegates thus assembled "shall first +determine by a vote whether it is the wish of the people of the proposed +State to be admitted into the Union at that time, and, if so, shall proceed +to form a constitution and take all necessary steps for the establishment +of a State government in conformity with the Federal Constitution." After +this constitution shall have been formed, Congress, carrying out the +principles of popular sovereignty and nonintervention, have left "the mode +and manner of its approval or ratification by the people of the proposed +State" to be "prescribed by law," and they "shall then be admitted into the +Union as a State under such constitution, thus fairly and legally made, +with or without slavery, as said constitution may prescribe." +</p> + +<p> +An election was held throughout Kansas, in pursuance of the provisions of +this act, on the 2d day of August last, and it resulted in the rejection by +a large majority of the proposition submitted to the people by Congress. +This being the case, they are now authorized to form another constitution, +preparatory to admission into the Union, but not until their number, as +ascertained by a census, shall equal or exceed the ratio required to elect +a member to the House of Representatives. +</p> + +<p> +It is not probable, in the present state of the case, that a third +constitution can be lawfully framed and presented to Congress by Kansas +before its population shall have reached the designated number. Nor is it +to be presumed that after their sad experience in resisting the Territorial +laws they will attempt to adopt a constitution in express violation of the +provisions of an act of Congress. During the session of 1856 much of the +time of Congress was occupied on the question of admitting Kansas under the +Topeka constitution. Again, nearly the whole of the last session was +devoted to the question of its admission under the Lecompton constitution. +Surely it is not unreasonable to require the people of Kansas to wait +before making a third attempt until the number of their inhabitants shall +amount to 93,420. During this brief period the harmony of the States as +well as the great business interests of the country demand that the people +of the Union shall not for a third time be convulsed by another agitation +on the Kansas question. By waiting for a short time and acting in obedience +to law Kansas will glide into the Union without the slightest impediment. +</p> + +<p> +This excellent provision, which Congress have applied to Kansas, ought to +be extended and rendered applicable to all Territories which may hereafter +seek admission into the Union. +</p> + +<p> +Whilst Congress possess the undoubted power of admitting a new State into +the Union, however small may be the number of its inhabitants, yet this +power ought not, in my opinion, to be exercised before the population shall +amount to the ratio required by the act for the admission of Kansas. Had +this been previously the rule, the country would have escaped all the evils +and misfortunes to which it has been exposed by the Kansas question. +</p> + +<p> +Of course it would be unjust to give this rule a retrospective application, +and exclude a State which, acting upon the past practice of the Government, +has already formed its constitution, elected its legislature and other +officers, and is now prepared to enter the Union. The rule ought to be +adopted, whether we consider its bearing on the people of the Territories +or upon the people of the existing States. Many of the serious dissentions +which have prevailed in Congress and throughout the country would have been +avoided had this rule been established at an earlier period of the +Government. +</p> + +<p> +Immediately upon the formation of a new Territory people from different +States and from foreign countries rush into it for the laudable purpose of +improving their condition. Their first duty to themselves is to open and +cultivate farms, to construct roads, to establish schools, to erect places +of religious worship, and to devote their energies generally to reclaim the +wilderness and to lay the foundations of a flourishing and prosperous +commonwealth. If in this incipient condition, with a population of a few +thousand, they should prematurely enter the Union, they are oppressed by +the burden of State taxation, and the means necessary for the improvement +of the Territory and the advancement of their own interests are thus +diverted to very different purposes. +</p> + +<p> +The Federal Government has ever been a liberal parent to the Territories +and a generous contributor to the useful enterprises of the early settlers. +It has paid the expenses of their governments and legislative assemblies +out of the common Treasury, and thus relieved them from a heavy charge. +Under these circumstances nothing can be better calculated to retard their +material progress than to divert them from their useful employments by +prematurely exciting angry political contests among themselves for the +benefit of aspiring leaders. It is surely no hardship for embryo governors, +Senators, and Members of Congress to wait until the number of inhabitants +shall equal those of a single Congressional district. They surely ought not +to be permitted to rush into the Union with a population less than one-half +of several of the large counties in the interior of some of the States. +This was the condition of Kansas when it made application to be admitted +under the Topeka constitution. Besides, it requires some time to render the +mass of a population collected in a new Territory at all homogeneous and to +unite them on anything like a fixed policy. Establish the rule, and all +will look forward to it and govern themselves accordingly. But justice to +the people of the several States requires that this rule should be +established by Congress. Each State is entitled to two Senators and at +least one Representative in Congress. Should the people of the States fail +to elect a Vice-President, the power devolves upon the Senate to select +this officer from the two highest candidates on the list. In case of the +death of the President, the Vice-President thus elected by the Senate +becomes President of the United States. On all questions of legislation the +Senators from the smallest States of the Union have an equal vote with +those from the largest. The same may be said in regard to the ratification +of treaties and of Executive appointments. All this has worked admirably in +practice, whilst it conforms in principle with the character of a +Government instituted by sovereign States. I presume no American citizen +would desire the slightest change in the arrangement. Still, is it not +unjust and unequal to the existing States to invest some 40,000 or 50,000 +people collected in a Territory with the attributes of sovereignty and +place them on an equal footing with Virginia and New York in the Senate of +the United States? +</p> + +<p> +For these reasons I earnestly recommend the passage of a general act which +shall provide that, upon the application of a Territorial legislature +declaring their belief that the Territory contains a number of inhabitants +which, if in a State, would entitle them to elect a Member of Congress, it +shall be the duty of the President to cause a census of the inhabitants to +be taken, and if found sufficient then by the terms of this act to +authorize them to proceed "in their own way" to frame a State constitution +preparatory to admission into the Union. I also recommend that an +appropriation may be made to enable the President to take a census of the +people of Kansas. +</p> + +<p> +The present condition of the Territory of Utah, when contrasted with what +it was one year ago, is a subject for congratulation. It was then in a +state of open rebellion, and, cost what it might, the character of the +Government required that this rebellion should be suppressed and the +Mormons compelled to yield obedience to the Constitution and the laws. In +order to accomplish this object, as I informed you in my last annual +message, I appointed a new governor instead of Brigham Young, and other +Federal officers to take the place of those who, consulting their personal +safety, had found it necessary to withdraw from the Territory. +</p> + +<p> +To protect these civil officers, and to aid them, as a posse comitatus, in +the execution of the laws in case of need, I ordered a detachment of the +Army to accompany them to Utah. The necessity for adopting these measures +is now demonstrated. +</p> + +<p> +On the 15th of September, 1857, Governor Young issued his proclamation, in +the style of an independent sovereign, announcing his purpose to resist by +force of arms the entry of the United States troops into our own Territory +of Utah. By this he required all the forces in the Territory to "hold +themselves in readiness to march at a moment's notice to repel any and all +such invasion," and established martial law from its date throughout the +Territory. These proved to be no idle threats. Forts Bridger and Supply +were vacated and burnt down by the Mormons to deprive our troops of a +shelter after their long and fatiguing march. Orders were issued by Daniel +H. Wells, styling himself "Lieutenant General, Nauvoo Legion," to stampede +the animals of the United States troops on their march, to set fire to +their trains, to burn the grass and the whole country before them and on +their flanks, to keep them from sleeping by night surprises, and to +blockade the road by felling trees and destroying the fords of rivers, +etc. +</p> + +<p> +These orders were promptly and effectually obeyed. On the 4th of October, +1857, the Mormons captured and burned, on Green River, three of our supply +trains, consisting of seventy-five wagons loaded with provisions and tents +for the army, and carried away several hundred animals. This diminished the +supply of provisions so materially that General Johnston was obliged to +reduce the ration, and even with this precaution there was only sufficient +left to subsist the troops until the 1st of June. +</p> + +<p> +Our little army behaved admirably in their encampment at Fort Bridger under +these trying privations. In the midst of the mountains, in a dreary, +unsettled, and inhospitable region, more than a thousand miles from home, +they passed the severe and inclement winter without a murmur. They looked +forward with confidence for relief from their country in due season, and in +this they were not disappointed. The Secretary of War employed all his +energies to forward them the necessary supplies and to muster and send such +a military force to Utah as would render resistance on the part of the +Mormons hopeless, and thus terminate the war without the effusion of blood. +In his efforts he was efficiently sustained by Congress. They granted +appropriations sufficient to cover the deficiency thus necessarily created, +and also provided for raising two regiments of volunteers "for the purpose +of quelling disturbances in the Territory of Utah, for the protection of +supply and emigrant trains, and the suppression of Indian hostilities on +the frontiers." Happily, there was no occasion to call these regiments into +service. If there had been, I should have felt serious embarrassment in +selecting them, so great was the number of our brave and patriotic citizens +anxious to serve their country in this distant and apparently dangerous +expedition. Thus it has ever been, and thus may it ever be. +</p> + +<p> +The wisdom and economy of sending sufficient reenforcements to Utah are +established, not only by the event, but in the opinion of those who from +their position and opportunities are the most capable of forming a correct +judgment. General Johnston, the commander of the forces, in addressing the +Secretary of War from Fort Bridger under date of October 18, 1857, +expresses the opinion that "unless a large force is sent here, from the +nature of the country a protracted war on their [the Mormons's] part is +inevitable." This he considered necessary to terminate the war "speedily +and more economically than if attempted by insufficient means." +</p> + +<p> +In the meantime it was my anxious desire that the Mormons should yield +obedience to the Constitution and the laws without rendering it necessary +to resort to military force. To aid in accomplishing this object, I deemed +it advisable in April last to dispatch two distinguished citizens of the +United States, Messrs. Powell and McCulloch, to Utah. They bore with them a +proclamation addressed by myself to the inhabitants of Utah, dated on the +6th day of that month, warning them of their true condition and how +hopeless it was on their part to persist in rebellion against the United +States, and offering all those who should submit to the laws a full pardon +for their past seditions and treasons. At the same time I assured those who +should persist in rebellion against the United States that they must expect +no further lenity, but look to be rigorously dealt with according to their +deserts. The instructions to these agents, as well as a copy of the +proclamation and their reports, are herewith submitted. It will be seen by +their report of the 3d of July last that they have fully confirmed the +opinion expressed by General Johnston in the previous October as to the +necessity of sending reenforcements to Utah. In this they state that they +"are firmly impressed with the belief that the presence of the Army here +and the large additional force that had been ordered to this Territory were +the chief inducements that caused the Mormons to abandon the idea of +resisting the authority of the United States. A less decisive policy would +probably have resulted in a long, bloody, and expensive war." +</p> + +<p> +These gentlemen conducted themselves to my entire satisfaction and rendered +useful services in executing the humane intentions of the Government. +</p> + +<p> +It also affords me great satisfaction to state that Governor Cumming has +performed his duty in an able and conciliatory manner and with the happiest +effect. I can not in this connection refrain from mentioning the valuable +services of Colonel Thomas L. Kane, who, from motives of pure benevolence +and without any official character or pecuniary compensation, visited Utah +during the last inclement winter for the purpose of contributing to the +pacification of the Territory. +</p> + +<p> +I am happy to inform you that the governor and other civil officers of Utah +are now performing their appropriate functions without resistance. The +authority of the Constitution and the laws has been fully restored and +peace prevails throughout the Territory. A portion of the troops sent to +Utah are now encamped in Cedar Valley, 44 miles southwest of Salt Lake +City, and the remainder have been ordered to Oregon to suppress Indian +hostilities. +</p> + +<p> +The march of the army to Salt Lake City through the Indian Territory has had +a powerful effect in restraining the hostile feelings against the United +States which existed among the Indians in that region and in securing +emigrants to the far West against their depredations. This will also be the +means of establishing military posts and promoting settlements along the +route. I recommend that the benefits of our land laws and preemption system +be extended to the people of Utah by the establishment of a land office in +that Territory. +</p> + +<p> +I have occasion also to congratulate you on the result of our negotiations +with China. +</p> + +<p> +You were informed by my last annual message that our minister had been +instructed to occupy a neutral position in the hostilities conducted by +Great Britain and France against Canton. He was, however, at the same time +directed to cooperate cordially with the British and French ministers in +all peaceful measures to secure by treaty those just concessions to foreign +commerce which the nations of the world had a right to demand. It was +impossible for me to proceed further than this on my own authority without +usurping the war-making power, which under the Constitution belongs +exclusively to Congress. +</p> + +<p> +Besides, after a careful examination of the nature and extent of our +grievances, I did not believe they were of such a pressing and aggravated +character as would have justified Congress in declaring war against the +Chinese Empire without first making another earnest attempt to adjust them +by peaceful negotiation. I was the more inclined to this opinion because of +the severe chastisement which had then but recently been inflicted upon the +Chinese by our squadron in the capture and destruction of the Barrier forts +to avenge an alleged insult to our flag. The event has proved the wisdom of +our neutrality. Our minister has executed his instructions with eminent +skill and ability. In conjunction with the Russian plenipotentiary, he has +peacefully, but effectually, cooperated with the English and French +plenipotentiaries, and each of the four powers has concluded a separate +treaty with China of a highly satisfactory character. The treaty concluded +by our own plenipotentiary will immediately be submitted to the Senate. +</p> + +<p> +I am happy to announce that through the energetic yet conciliatory efforts +of our consul-general in Japan a new treaty has been concluded with that +Empire, which may be expected materially to augment our trade and +intercourse in that quarter and remove from our countrymen the disabilities +which have heretofore been imposed upon the exercise of their religion. The +treaty shall be submitted to the Senate for approval without delay. +</p> + +<p> +It is my earnest desire that every misunderstanding with the Government of +Great Britain should be amicably and speedily adjusted. It has been the +misfortune of both countries, almost ever since the period of the +Revolution, to have been annoyed by a succession of irritating and +dangerous questions, threatening their friendly relations. This has +partially prevented the full development of those feelings of mutual +friendship between the people of the two countries so natural in themselves +and so conducive to their common interest. Any serious interruption of the +commerce between the United States and Great Britain would be equally +injurious to both. In fact, no two nations have ever existed on the face of +the earth which could do each other so much good or so much harm. +</p> + +<p> +Entertaining these sentiments, I am gratified to inform you that the +long-pending controversy between the two Governments in relation to the +question of visitation and search has been amicably adjusted. The claim on +the part of Great Britain forcibly to visit American vessels on the high +seas in time of peace could not be sustained under the law of nations, and +it had been overruled by her own most eminent jurists. This question was +recently brought to an issue by the repeated acts of British cruisers in +boarding and searching our merchant vessels in the Gulf of Mexico and the +adjacent seas. These acts were the more injurious and annoying, as these +waters are traversed by a large portion of the commerce and navigation of +the United States and their free and unrestricted use is essential to the +security of the coastwise trade between the different States of the Union. +Such vexatious interruptions could not fail to excite the feelings of the +country and to require the interposition of the Government. Remonstrances +were addressed to the British Government against these violations of our +rights of sovereignty, and a naval force was at the same time ordered to +the Cuban waters with directions "to protect all vessels of the United +States on the high seas from search or detention by the vessels of war of +any other nation." These measures received the unqualified and even +enthusiastic approbation of the American people. Most fortunately, however, +no collision took place, and the British Government promptly avowed its +recognition of the principles of international law upon this subject as +laid down by the Government of the United States in the note of the +Secretary of State to the British minister at Washington of April 10, 1858, +which secure the vessels of the United States upon the high seas from +visitation or search in time of peace under any circumstances whatever. The +claim has been abandoned in a manner reflecting honor on the British +Government and evincing a just regard for the law of nations, and can not +fail to strengthen the amicable relations between the two countries. +</p> + +<p> +The British Government at the same time proposed to the United States that +some mode should be adopted, by mutual arrangement between the two +countries, of a character which may be found effective without being +offensive, for verifying the nationality of vessels suspected on good +grounds of carrying false colors. They have also invited the United States +to take the initiative and propose measures for this purpose. Whilst +declining to assume so grave a responsibility, the Secretary of State has +informed the British Government that we are ready to receive any proposals +which they may feel disposed to offer having this object in view, and to +consider them in an amicable spirit. A strong opinion is, however, +expressed that the occasional abuse of the flag of any nation is an evil +far less to be deprecated than would be the establishment of any +regulations which might be incompatible with the freedom of the seas. This +Government has yet received no communication specifying the manner in which +the British Government would propose to carry out their suggestion, and I +am inclined to believe that no plan which can be devised will be free from +grave embarrassments. Still, I shall form no decided opinion on the subject +until I shall have carefully and in the best spirit examined any proposals +which they may think proper to make. +</p> + +<p> +I am truly sorry I can not also inform you that the complications between +Great Britain and the United States arising out of the Clayton and Bulwer +treaty of April, 1850, have been finally adjusted. +</p> + +<p> +At the commencement of your last session I had reason to hope that, +emancipating themselves from further unavailing discussions, the two +Governments would proceed to settle the Central American questions in a +practical manner, alike honorable and satisfactory to both; and this hope I +have not yet abandoned. In my last annual message I stated that overtures +had been made by the British Government for this purpose in a friendly +spirit, which I cordially reciprocated. Their proposal was to withdraw +these questions from direct negotiation between the two Governments, but to +accomplish the same object by a negotiation between the British Government +and each of the Central American Republics whose territorial interests are +immediately involved. The settlement was to be made in accordance with the +general tenor of the interpretation placed upon the Clayton and Bulwer +treaty by the United States, with certain modifications. As negotiations +are still pending upon this basis, it would not be proper for me now to +communicate their present condition. A final settlement of these questions +is greatly to be desired, as this would wipe out the last remaining subject +of dispute between the two countries. +</p> + +<p> +Our relations with the great Empires of France and Russia, as well as with +all other Governments on the continent of Europe, except that of Spain, +continue to be of the most friendly character. +</p> + +<p> +With Spain our relations remain in an unsatisfactory condition. In my +message of December last I informed you that our envoy extraordinary and +minister plenipotentiary to Madrid had asked for his recall, and it was my +purpose to send out a new minister to that Court with special instructions +on all questions pending between the two Governments, and with a +determination to have them speedily and amicably adjusted if that were +possible. This purpose has been hitherto defeated by causes which I need +not enumerate. The mission to Spain has been intrusted to a distinguished +citizen of Kentucky, who will proceed to Madrid without delay and make +another and a final attempt to obtain justice from that Government. +</p> + +<p> +Spanish officials under the direct control of the Captain-General of Cuba +have insulted our national flag and in repeated instances have from time to +time inflicted injuries on the persons and property of our citizens. These +have given birth to numerous claims against the Spanish Government, the +merits of which have been ably discussed for a series of years by our +successive diplomatic representatives. Notwithstanding this, we have not +arrived at a practical result in any single instance, unless we may except +the case of the Black Warrior, under the late Administration, and that +presented an outrage of such a character as would have justified an +immediate resort to war. All our attempts to obtain redress have been +baffled and defeated. The frequent and oft-recurring changes in the Spanish +ministry have been employed as reasons for delay. We have been compelled to +wait again and again until the new minister shall have had time to +investigate the justice of our demands. +</p> + +<p> +Even what have been denominated "the Cuban claims," in which more than 100 +of our citizens are directly interested, have furnished no exception. These +claims were for the refunding of duties unjustly exacted from American +vessels at different custom-houses in Cuba so long ago as the year 1844. +The principles upon which they rest are so manifestly equitable and just +that, after a period of nearly ten years, in 1854 they were recognized by +the Spanish Government. Proceedings were afterwards instituted to ascertain +their amount, and this was finally fixed, according to their own statement +(with which we were satisfied), at the sum of $128,635.54. Just at the +moment, after a delay of fourteen years, when we had reason to expect that +this sum would be repaid with interest, we have received a proposal +offering to refund one-third of that amount ($42,878.41), but without +interest, if we would accept this in full satisfaction. The offer is also +accompanied by a declaration that this indemnification is not founded on +any reason of strict justice, but is made as a special favor. +</p> + +<p> +One alleged cause for procrastination in the examination and adjustment of +our claims arises from an obstacle which it is the duty of the Spanish +Government to remove. Whilst the Captain-General of Cuba is invested with +general despotic authority in the government of that island, the power is +withheld from him to examine and redress wrongs committed by officials +under his control on citizens of the United States. Instead of making our +complaints directly to him at Havana, we are obliged to present them +through our minister at Madrid. These are then referred back to the +Captain-General for information, and much time is thus consumed in +preliminary investigations and correspondence between Madrid and Cuba +before the Spanish Government will consent to proceed to negotiation. Many +of the difficulties between the two Governments would be obviated and a +long train of negotiation avoided if the Captain-General were invested with +authority to settle questions of easy solution on the spot, where all the +facts are fresh and could be promptly and satisfactorily ascertained. We +have hitherto in vain urged upon the Spanish Government to confer this +power upon the Captain-General, and our minister to Spain will again be +instructed to urge this subject on their notice. In this respect we occupy +a different position from the powers of Europe. Cuba is almost within sight +of our shores; our commerce with it is far greater than that of any other +nation, including Spain itself, and our citizens are in habits of daily and +extended personal intercourse with every part of the island. It is +therefore a great grievance that when any difficulty occurs, no matter how +unimportant, which might be readily settled at the moment, we should be +obliged to resort to Madrid, especially when the very first step to be +taken there is to refer it back to Cuba. +</p> + +<p> +The truth is that Cuba, in its existing colonial condition, is a constant +source of injury and annoyance to the American people. It is the only spot +in the civilized world where the African slave trade is tolerated, and we +are bound by treaty with Great Britain to maintain a naval force on the +coast of Africa, at much expense both of life and treasure, solely for the +purpose of arresting slavers bound to that island. The late serious +difficulties between the United States and Great Britain respecting the +right of search, now so happily terminated, could never have arisen if Cuba +had not afforded a market for slaves. As long as this market shall remain +open there can be no hope for the civilization of benighted Africa. Whilst +the demand for slaves continues in Cuba wars will be waged among the petty +and barbarous chiefs in Africa for the purpose of seizing subjects to +supply this trade. In such a condition of affairs it is impossible that the +light of civilization and religion can ever penetrate these dark abodes. +</p> + +<p> +It has been made known to the world by my predecessors that the United +States have on several occasions endeavored to acquire Cuba from Spain by +honorable negotiation. If this were accomplished, the last relic of the +African slave trade would instantly disappear. We would not, if we could, +acquire Cuba in any other manner. This is due to our national character. +All the territory which we have acquired since the origin of the Government +has been by fair purchase from France, Spain, and Mexico or by the free and +voluntary act of the independent State of Texas in blending her destinies +with our own. This course we shall ever pursue, unless circumstances should +occur which we do not now anticipate, rendering a departure from it clearly +justifiable under the imperative and overruling law of self-preservation. +The island of Cuba, from its geographical position, commands the mouth of +the Mississippi and the immense and annually increasing trade, foreign and +coastwise, from the valley of that noble river, now embracing half the +sovereign States of the Union. With that island under the dominion of a +distant foreign power this trade, of vital importance to these States, is +exposed to the danger of being destroyed in time of war, and it has +hitherto been subjected to perpetual injury and annoyance in time of peace. +Our relations with Spain, which ought to be of the most friendly character, +must always be placed in jeopardy whilst the existing colonial government +over the island shall remain in its present condition. +</p> + +<p> +Whilst the possession of the island would be of vast importance to the +United States, its value to Spain is comparatively unimportant. Such was +the relative situation of the parties when the great Napoleon transferred +Louisiana to the United States. Jealous as he ever was of the national +honor and interests of France, no person throughout the world has imputed +blame to him for accepting a pecuniary equivalent for this cession. +</p> + +<p> +The publicity which has been given to our former negotiations upon this +subject and the large appropriation which may be required to effect the +purpose render it expedient before making another attempt to renew the +negotiation that I should lay the whole subject before Congress. This is +especially necessary, as it may become indispensable to success that I +should be intrusted with the means of making an advance to the Spanish +Government immediately after the signing of the treaty, without awaiting +the ratification of it by the Senate. I am encouraged to make this +suggestion by the example of Mr. Jefferson previous to the purchase of +Louisiana from France and by that of Mr. Polk in view of the acquisition of +territory from Mexico. I refer the whole subject to Congress and commend it +to their careful consideration. +</p> + +<p> +I repeat the recommendation made in my message of December last in favor of +an appropriation "to be paid to the Spanish Government for the purpose of +distribution among the claimants in the Amistad case." President Polk first +made a similar recommendation in December, 1847, and it was repeated by my +immediate predecessor in December, 1853. I entertain no doubt that +indemnity is fairly due to these claimants under our treaty with Spain of +October 27, 1795; and whilst demanding justice we ought to do justice. An +appropriation promptly made for this purpose could not fail to exert a +favorable influence on our negotiations with Spain. +</p> + +<p> +Our position in relation to the independent States south of us on this +continent, and especially those within the limits of North America, is of a +peculiar character. The northern boundary of Mexico is coincident with our +own southern boundary from ocean to ocean, and we must necessarily feel a +deep interest in all that concerns the well-being and the fate of so near a +neighbor. We have always cherished the kindest wishes for the success of +that Republic, and have indulged the hope that it might at last, after all +its trials, enjoy peace and prosperity under a free and stable government. +We have never hitherto interfered, directly or indirectly, with its +internal affairs, and it is a duty which we owe to ourselves to protect the +integrity of its territory against the hostile interference of any other +power. Our geographical position, our direct interest in all that concerns +Mexico, and our well-settled policy in regard to the North American +continent render this an indispensable duty. +</p> + +<p> +Mexico has been in a state of constant revolution almost ever since it +achieved its independence. One military leader after another has usurped +the Government in rapid succession, and the various constitutions from time +to time adopted have been set at naught almost as soon as they were +proclaimed. The successive Governments have afforded no adequate +protection, either to Mexican citizens or foreign residents, against +lawless violence. Heretofore a seizure of the capital by a military +chieftain has been generally followed by at least the nominal submission of +the country to his rule for a brief period, but not so at the present +crisis of Mexican affairs. A civil war has been raging for some time +throughout the Republic between the central Government at the City of +Mexico, which has endeavored to subvert the constitution last framed by +military power, and those who maintain the authority of that constitution. +The antagonist parties each hold possession of different States of the +Republic, and the fortunes of the war are constantly changing. Meanwhile +the most reprehensible means have been employed by both parties to extort +money from foreigners, as well as natives, to carry on this ruinous +contest. The truth is that this fine country, blessed with a productive +soil and a benign climate, has been reduced by civil dissension to a +condition of almost hopeless anarchy and imbecility. It would be vain for +this Government to attempt to enforce payment in money of the claims of +American citizens, now amounting to more than $10,000,000, against Mexico, +because she is destitute of all pecuniary means to satisfy these demands. +</p> + +<p> +Our late minister was furnished with ample powers and instructions for the +adjustment of all pending questions with the central Government of Mexico, +and he performed his duty with zeal and ability. The claims of our +citizens, some of them arising out of the violation of an express provision +of the treaty of Guadalupe Hidalgo, and others from gross injuries to +persons as well as property, have remained unredressed and even unnoticed. +Remonstrances against these grievances have been addressed without effect +to that Government. Meantime in various parts of the Republic instances +have been numerous of the murder, imprisonment, and plunder of our citizens +by different parties claiming and exercising a local jurisdiction; but the +central Government, although repeatedly urged thereto, have made no effort +either to punish the authors of these outrages or to prevent their +recurrence. No American citizen can now visit Mexico on lawful business +without imminent danger to his person and property. There is no adequate +protection to either, and in this respect our treaty with that Republic is +almost a dead letter. +</p> + +<p> +This state of affairs was brought to a crisis in May last by the +promulgation of a decree levying a contribution pro rata upon all the +capital in the Republic between certain specified amounts, whether held by +Mexicans or foreigners. Mr. Forsyth, regarding this decree in the light of +a "forced loan," formally protested against its application to his +countrymen and advised them not to pay the contribution, but to suffer it +to be forcibly exacted. Acting upon this advice, an American citizen +refused to pay the contribution, and his property was seized by armed men +to satisfy the amount. Not content with this, the Government proceeded +still further and issued a decree banishing him from the country. Our +minister immediately notified them that if this decree should be carried +into execution he would feel it to be his duty to adopt "the most decided +measures that belong to the powers and obligations of the representative +office." Notwithstanding this warning, the banishment was enforced, and Mr. +Forsyth promptly announced to the Government the suspension of the +political relations of his legation with them until the pleasure of his own +Government should be ascertained. +</p> + +<p> +This Government did not regard the contribution imposed by the decree of +the 15th May last to be in strictness a "forced loan," and as such +prohibited by the tenth article of the treaty of 1826 between Great Britain +and Mexico, to the benefits of which American citizens are entitled by +treaty; yet the imposition of the contribution upon foreigners was +considered an unjust and oppressive measure. Besides, internal factions in +other parts of the Republic were at the same time levying similar exactions +upon the property of our citizens and interrupting their commerce. There +had been an entire failure on the part of our minister to secure redress +for the wrongs which our citizens had endured, notwithstanding his +persevering efforts. And from the temper manifested by the Mexican +Government he had repeatedly assured us that no favorable change could be +expected until the United States should "give striking evidence of their +will and power to protect their citizens," and that "severe chastening is +the only earthly remedy for our grievances." From this statement of facts +it would have been worse than idle to direct Mr. Forsyth to retrace his +steps and resume diplomatic relations with that Government, and it was +therefore deemed proper to sanction his withdrawal of the legation from the +City of Mexico. +</p> + +<p> +Abundant cause now undoubtedly exists for a resort to hostilities against +the Government still holding possession of the capital. Should they succeed +in subduing the constitutional forces, all reasonable hope will then have +expired of a peaceful settlement of our difficulties. On the other hand, +should the constitutional party prevail and their authority be established +over the Republic, there is reason to hope that they will be animated by a +less unfriendly spirit and may grant that redress to American citizens +which justice requires so far as they may possess the means. But for this +expectation I should at once have recommended to Congress to grant the +necessary power to the President to take possession of a sufficient portion +of the remote and unsettled territory of Mexico, to be held in pledge until +our injuries shall be redressed and our just demands be satisfied. We have +already exhausted every milder means of obtaining justice. In such a case +this remedy of reprisals is recognized by the law of nations, not only as +just in itself, but as a means of preventing actual war. +</p> + +<p> +But there is another view of our relations with Mexico, arising from the +unhappy condition of affairs along our southwestern frontier, which demands +immediate action. In that remote region, where there are but few white +inhabitants, large bands of hostile and predatory Indians roam +promiscuously over the Mexican States of Chihuahua and Sonora and our +adjoining Territories. The local governments of these States are perfectly +helpless and are kept in a state of constant alarm by the Indians. They +have not the power, if they possessed the will, even to restrain lawless +Mexicans from passing the border and committing depredations on our remote +settlers. A state of anarchy and violence prevails throughout that distant +frontier. The laws are a dead letter and life and property wholly insecure. +For this reason the settlement of Arizona is arrested, whilst it is of +great importance that a chain of inhabitants should extend all along its +southern border sufficient for their own protection and that of the United +States mail passing to and from California. Well-founded apprehensions are +now entertained that the Indians and wandering Mexicans, equally lawless, +may break up the important stage and postal communication recently +established between our Atlantic and Pacific possessions. This passes very +near to the Mexican boundary throughout the whole length of Arizona. I can +imagine no possible remedy for these evils and no mode of restoring law and +order on that remote and unsettled frontier but for the Government of the +United States to assume a temporary protectorate over the northern portions +of Chihuahua and Sonora and to establish military posts within the same; +and this I earnestly recommend to Congress. This protection may be +withdrawn as soon as local governments shall be established in these +Mexican States capable of performing their duties to the United States, +restraining the lawless, and preserving peace along the border. +</p> + +<p> +I do not doubt that this measure will be viewed in a friendly spirit by the +governments and people of Chihuahua and Sonora, as it will prove equally +effectual for the protection of their citizens on that remote and lawless +frontier as for citizens of the United States. And in this connection +permit me to recall your attention to the condition of Arizona. The +population of that Territory, numbering, as is alleged, more than 10,000 +souls, are practically without a government, without laws, and without any +regular administration of justice. Murder and other crimes are committed +with impunity. This state of things calls loudly for redress, and I +therefore repeat my recommendation for the establishment of a Territorial +government over Arizona. +</p> + +<p> +The political condition of the narrow isthmus of Central America, through +which transit routes pass between the Atlantic and Pacific oceans, presents +a subject of deep interest to all commercial nations. It is over these +transits that a large proportion of the trade and travel between the +European and Asiatic continents is destined to pass. To the United States +these routes are of incalculable importance as a means of communication +between their Atlantic and Pacific possessions. The latter now extend +throughout seventeen degrees of latitude on the Pacific coast, embracing +the important State of California and the flourishing territories of Oregon +and Washington. All commercial nations therefore have a deep and direct +interest that these communications shall be rendered secure from +interruption. If an arm of the sea connecting the two oceans penetrated +through Nicaragua and Costa Rica, it could not be pretended that these +States would have the right to arrest or retard its navigation to the +injury of other nations. The transit by land over this narrow isthmus +occupies nearly the same position. It is a highway in which they themselves +have little interest when compared with the vast interests of the rest of +the world. Whilst their rights of sovereignty ought to be respected, it is +the duty of other nations to require that this important passage shall not +be interrupted by the civil wars and revolutionary outbreaks which have so +frequently occurred in that region. The stake is too important to be left +at the mercy of rival companies claiming to hold conflicting contracts with +Nicaragua. The commerce of other nations is not to stand still and await +the adjustment of such petty controversies. The Government of the United +States expect no more than this, and they will not be satisfied with less. +They would not, if they could, derive any advantage from the Nicaragua +transit not common to the rest of the World. Its neutrality and protection +for the common use of all nations is their only object. They have no +objection that Nicaragua shall demand and receive a fair compensation from +the companies and individuals who may traverse the route, but they insist +that it shall never hereafter be closed by an arbitrary decree of that +Government. If disputes arise between it and those with whom they may have +entered into contracts, these must be adjusted by some fair tribunal +provided for the purpose, and the route must not be closed pending the +controversy. This is our whole policy, and it can not fail to be acceptable +to other nations. +</p> + +<p> +All these difficulties might be avoided if, consistently with the good +faith of Nicaragua, the use of this transit could be thrown open to general +competition, providing at the same time for the payment of a reasonable +rate to the Nicaraguan Government on passengers and freight. In August, +1852, the Accessory Transit Company made its first interoceanic trip over +the Nicaraguan route, and continued in successful operation, with great +advantage to the public, until the 18th February, 1856, when it was closed +and the grant to this company as well as its charter were summarily and +arbitrarily revoked by the Government of President Rivas. Previous to this +date, however, in 1854, serious disputes concerning the settlement of their +accounts had arisen between the company and the Government, threatening the +interruption of the route at any moment. These the United States in vain +endeavored to compose. It would be useless to narrate the various +proceedings which took place between the parties up till the time when the +transit was discontinued. Suffice it to say that since February, 1856, it +has remained closed, greatly to the prejudice of citizens of the United +States. Since that time the competition has ceased between the rival routes +of Panama and Nicaragua, and in consequence thereof an unjust and +unreasonable amount has been exacted from our citizens for their passage to +and from California. +</p> + +<p> +A treaty was signed on the 16th day of November, 1857, by the Secretary of +State and minister of Nicaragua, under the stipulations of which the use +and protection of the transit route would have been secured, not only to +the United States, but equally to all other nations. How and on what +pretext this treaty has failed to receive the ratification of the +Nicaraguan Government will appear by the papers herewith communicated from +the State Department. The principal objection seems to have been to the +provision authorizing the United States to employ force to keep the route +open in case Nicaragua should fail to perform her duty in this respect. +From the feebleness of that Republic, its frequent changes of government, +and its constant internal dissensions, this had become a most important +stipulation, and one essentially necessary, not only for the security of +the route, but for the safety of American citizens passing and repassing to +and from our Pacific possessions. Were such a stipulation embraced in a +treaty between the United States and Nicaragua, the knowledge of this fact +would of itself most probably prevent hostile parties from committing +aggressions on the route, and render our actual interference for its +protection unnecessary. +</p> + +<p> +The executive government of this country in its intercourse with foreign +nations is limited to the employment of diplomacy alone. When this fails it +can proceed no further. It can not legitimately resort to force without the +direct authority of Congress, except in resisting and repelling hostile +attacks. It would have no authority to enter the territories of Nicaragua +even to prevent the destruction of the transit and protect the lives and +property of our own citizens on their passage. It is true that on a sudden +emergency of this character the President would direct any armed force in +the vicinity to march to their relief, but in doing this he would act upon +his own responsibility. +</p> + +<p> +Under these circumstances I earnestly recommend to Congress the passage of +an act authorizing the president, under such restrictions as they may deem +proper, to employ the land and naval forces of the United States in +preventing the transit from being obstructed or closed by lawless violence, +and in protecting the lives and property of American citizens traveling +thereupon, requiring at the same time that these forces shall be withdrawn +the moment the danger shall have passed away. Without such a provision our +citizens will be constantly exposed to interruption in their progress and +to lawless violence. +</p> + +<p> +A similar necessity exists for the passage of such an act for the +protection of the Panama and Tehuantepec routes. In reference to the Panama +route, the United States, by their existing treaty with New Granada, +expressly guarantee the neutrality of the Isthmus, "with the view that the +free transit from the one to the other sea may not be interrupted or +embarrassed in any future time while this treaty exists." +</p> + +<p> +In regard to the Tehuantepec route, which has been recently opened under +the most favorable auspices, our treaty with Mexico of the 30th December, +1853, secures to the citizens of the United States a right of transit over +it for their persons and merchandise and stipulates that neither Government +shall "interpose any obstacle" thereto. It also concedes to the United +States the "right to transport across the Isthmus, in closed bags, the +mails of the United States not intended for distribution along the line of +the communication; also the effects of the United States Government and its +citizens which may be intended for transit and not for distribution on the +Isthmus, free of custom-house or other charges by the Mexican Government." +</p> + +<p> +These treaty stipulations with New Granada and Mexico, in addition to the +considerations applicable to the Nicaragua route, seem to require +legislation for the purpose of carrying them into effect. +</p> + +<p> +The injuries which have been inflicted upon our citizens in Costa Rica and +Nicaragua during the last two or three years have received the prompt +attention of this Government. Some of these injuries were of the most +aggravated character. The transaction at Virgin Bay in April, 1856, when a +company of unarmed Americans, who were in no way connected with any +belligerent conduct or party, were fired upon by the troops of Costa Rica +and numbers of them killed and wounded, was brought to the knowledge of +Congress by my predecessor soon after its occurrence, and was also +presented to the Government of Costa Rica for that immediate investigation +and redress which the nature of the case demanded. A similar course was +pursued with reference to other outrages in these countries, some of which +were hardly less aggravated in their character than the transaction at +Virgin Bay. At the time, however, when our present minister to Nicaragua +was appointed, in December, 1857, no redress had been obtained for any of +these wrongs and no reply even had been received to the demands which had +been made by this Government upon that of Costa Rica more than a year +before. Our minister was instructed, therefore, to lose no time in +expressing to those Governments the deep regret with which the President +had witnessed this inattention to the just claims of the United States and +in demanding their prompt and satisfactory adjustment. Unless this demand +shall be complied with at an early day it will only remain for this +Government to adopt such other measures as may be necessary in order to +obtain for itself that justice which it has in vain attempted to secure by +peaceful means from the Governments of Nicaragua and Costa Rica. While it +has shown, and will continue to show, the most sincere regard for the +rights and honor of these Republics, it can not permit this regard to be +met by an utter neglect on their part of what is due to the Government and +citizens of the United States. +</p> + +<p> +Against New Granada we have long-standing causes of complaint, arising out +of the unsatisfied claims of our citizens upon that Republic, and to these +have been more recently added the outrages committed upon our citizens at +Panama in April, 1856. A treaty for the adjustment of these difficulties +was concluded by the Secretary of State and the minister of New Granada in +September, 1857, which contained just and acceptable provisions for that +purpose. This treaty was transmitted to Bogota and was ratified by the +Government of New Granada, but with certain amendments. It was not, +however, returned to this city until after the close of the last session of +the Senate. It will be immediately transmitted to that body for their +advice and consent, and should this be obtained it will remove all our +existing causes of complaint against New Granada on the subject of claims. +</p> + +<p> +Questions have arisen between the two Governments as to the right of New +Granada to levy a tonnage duty upon the vessels of the United States in its +ports of the Isthmus and to levy a passenger tax upon our citizens arriving +in that country, whether with a design to remain there or to pass from +ocean to ocean by the transit route; and also a tax upon the mail of the +United States transported over the Panama Railroad. The Government of New +Granada has been informed that the United States would consider the +collection of either of these taxes as an act in violation of the treaty +between the two countries, and as such would be resisted by the United +States. At the same time, we are prepared to discuss these questions in a +spirit of amity and justice and with a sincere desire to adjust them in a +satisfactory manner. A negotiation for that purpose has already been +commenced. No effort has recently been made to collect these taxes nor is +any anticipated under present circumstances. +</p> + +<p> +With the Empire of Brazil our relations are of the most friendly character. +The productions of the two countries, and especially those of an +agricultural nature, are such as to invite extensive mutual exchanges. A +large quantity of American flour is consumed in Brazil, whilst more than +treble the amount in value of Brazilian coffee is consumed in the United +States. Whilst this is the case, a heavy duty has been levied until very +recently upon the importation of American flour into Brazil. I am +gratified, however, to be able to inform you that in September last this +has been reduced from $1.32 to about 49 cents per barrel, and the duties on +other articles of our production have been diminished in nearly the same +proportion. +</p> + +<p> +I regret to state that the Government of Brazil still continues to levy an +export duty of about 11 per cent on coffee, notwithstanding this article is +admitted free from duty in the United States. This is a heavy charge upon +the consumers of coffee in our country, as we purchase half of the entire +surplus crop of that article raised in Brazil. Our minister, under +instructions, will reiterate his efforts to have this export duty removed, +and it is hoped that the enlightened Government of the Emperor will adopt +this wise, just, and equal policy. In that event, there is good reason to +believe that the commerce between the two countries will greatly increase, +much to the advantage of both. The claims of our citizens against the +Government of Brazil are not in the aggregate of very large amount; but +some of these rest upon plain principles of justice and their settlement +ought not to be longer delayed. A renewed and earnest, and I trust a +successful, effort will be made by our minister to procure their final +adjustment. +</p> + +<p> +On the 2d of June last Congress passed a joint resolution authorizing the +President "to adopt such measures and use such force as in his judgment may +be necessary and advisable" "for the purpose of the differences between +the United States and the Republic of Paraguay, in connection with the +attack on the United States steamer Water Witch and with other measures +referred to" in his annual message, and on the 12th of July following they +made an appropriation to defray the expenses and compensation of a +commissioner to that Republic should the President deem it proper to make +such all appointment. +</p> + +<p> +In compliance with these enactments, I have appointed a commissioner, who +has proceeded to Paraguay with full powers and instructions to settle these +differences in an amicable and peaceful manner if this be practicable. His +experience and discretion justify the hope that he may prove successful in +convincing the Paraguayan Government that it is due both to honor and +justice that they should voluntarily and promptly make atonement for the +wrongs which they have committed against the United States and indemnify +our injured citizens whom they have forcibly despoiled of their property. +</p> + +<p> +Should our commissioner prove unsuccessful after a sincere and earnest +effort to accomplish the object of his mission, then no alternative will +remain but the employment of force to obtain "just satisfaction" from +Paraguay. In view of this contingency, the Secretary of the Navy, under my +direction, has fitted out and dispatched a naval force to rendezvous near +Buenos Ayres, which, it is believed, will prove sufficient for the +occasion. It is my earnest desire, however, that it may not be found +necessary to resort to this last alternative. +</p> + +<p> +When Congress met in December last the business of the country had just +been crushed by one of those periodical revulsions which are the inevitable +consequence of our unsound and extravagant system of bank credits and +inflated currency. With all the elements of national wealth in abundance, +our manufactures were suspended, our useful public and private enterprises +were arrested, and thousands of laborers were deprived of employment and +reduced to want. Universal distress prevailed among the commercial, +manufacturing, and mechanical classes. This revulsion was felt the more +severely in the United States because similar causes had produced the like +deplorable effects throughout the commercial nations of Europe. All were +experiencing sad reverses at the same moment. Our manufacturers everywhere +suffered severely, not because of the recent reduction in the tariff of +duties on imports, but because there was no demand at any price for their +productions. The people were obliged to restrict themselves in their +purchases to articles of prime necessity. In the general prostration of +business the iron manufacturers in different States probably suffered more +than any other class, and much destitution was the inevitable consequence +among the great number of workmen who had been employed in this useful +branch of industry. There could be no supply where there was no demand. To +present an example, there could be no demand for railroad iron after our +magnificent system of railroads, extending its benefits to every portion of +the Union, had been brought to a dead pause. The same consequences have +resulted from similar causes to many other branches of useful manufactures. +It is self-evident that where there is no ability to purchase manufactured +articles these can not be sold, and consequently must cease to be +produced. +</p> + +<p> +No government, and especially a government of such limited powers as that +of the United States, could have prevented the late revulsion. The whole +commercial world seemed for years to have been rushing to this catastrophe. +The same ruinous consequences would have followed in the United States +whether the duties upon foreign imports had remained as they were under the +tariff of 1846 or had been raised to a much higher standard. The tariff of +1857 had no agency in the result. The general causes existing throughout +the world could not have been controlled by the legislation of any +particular country. +</p> + +<p> +The periodical revulsions which have existed in our past history must +continue to return at intervals so long as our present unbounded system of +bank credits shall prevail. They will, however, probably be the less severe +in future, because it is not to be expected, at least for many years to +come, that the commercial nations of Europe, with whose interests our own +are so materially involved, will expose themselves to similar calamities. +But this subject was treated so much at large in my last annual message +that I shall not now pursue it further. Still, I respectfully renew the +recommendation in favor of the passage of a uniform bankrupt law applicable +to banking institutions. This is all the direct power over the subject +which I believe the Federal Government possesses. Such a law would +mitigate, though it might not prevent, the evil. The instinct of +self-preservation might produce a wholesome restraint upon their banking +business if they knew in advance that a suspension of specie payments would +inevitably produce their civil death. +</p> + +<p> +But the effects of the revulsion are now slowly but surely passing away. +The energy and enterprise of our citizens, with our unbounded resources, +will within the period of another year restore a state of wholesome +industry and trade. Capital has again accumulated in our large cities. The +rate of interest is there very low. Confidence is gradually reviving, and +so soon as it is discovered that this capital can be profitably employed in +commercial and manufacturing enterprises and in the construction of +railroads and other works of public and private improvement prosperity will +again smile throughout the land. It is vain, however, to disguise the fact +from ourselves that a speculative inflation of our currency without a +corresponding inflation in other countries whose manufactures come into +competition with our own must ever produce disastrous results to our +domestic manufactures. No tariff short of absolute prohibition can prevent +these evil consequences. In connection with this subject it is proper to +refer to our financial condition. The same causes which have produced +pecuniary distress throughout the country have so reduced the amount of +imports from foreign countries that the revenue has proved inadequate to +meet the necessary expenses of the Government. To supply the deficiency, +Congress, by the act of December 23, 1857, authorized the issue of +$20,000,000 of Treasury notes; and this proving inadequate, they +authorized, by the act of June 14, 1858, a loan of $20,000,000, to be +applied to the payment of appropriations made by law." +</p> + +<p> +No statesman would advise that we should go on increasing the national debt +to meet the ordinary expenses of the Government. This would be a most +ruinous policy. In case of war our credit must be our chief resource, at +least for the first year, and this would be greatly impaired by having +contracted a large debt in time of peace. It is our true policy to increase +our revenue so as to equal our expenditures. It would be ruinous to +continue to borrow. Besides, it may be proper to observe that the +incidental protection thus afforded by a revenue tariff would at the +present moment to some extent increase the confidence of the manufacturing +interests and give a fresh impulse to our reviving business. To this surely +no person will object. +</p> + +<p> +In regard to the mode of assessing and collecting duties under a strictly +revenue tariff, I have long entertained and often expressed the opinion +that sound policy requires this should be done by specific duties in cases +to which these can be properly applied. They are well adapted to +commodities which are usually sold by weight or by measure, and which from +their nature are of equal or of nearly equal value. Such, for example, are +the articles of iron of different classes, raw sugar, and foreign wines and +spirits. +</p> + +<p> +In my deliberate judgment specific duties are the best, if not the only, +means of securing the revenue against false and fraudulent invoices, and +such has been the practice adopted for this purpose by other commercial +nations. Besides, specific duties would afford to the American manufacturer +the incidental advantages to which he is fairly entitled under a revenue +tariff. The present system is a sliding scale to his disadvantage. Under +it, when prices are high and business prosperous, the duties rise in amount +when he least requires their aid. On the contrary, when prices fall and he +is struggling against adversity, the duties are diminished in the same +proportion, greatly to his injury. Neither would there be danger that a +higher rate of duty than that intended by Congress could be levied in the +form of specific duties. It would be easy to ascertain the average value of +any imported article for a series of years, and, instead of subjecting it +to an ad valorem duty at a certain rate per centum, to substitute in its +place an equivalent specific duty. +</p> + +<p> +By such an arrangement the consumer would not be injured. It is true he +might have to pay a little more duty on a given article in one year, but, +if so, he would pay a little less in another, and in a series of years +these would counterbalance each other and amount to the same thing so far +as his interest is concerned. This inconvenience would be trifling when +contrasted with the additional security thus afforded against frauds upon +the revenue, in which every consumer is directly interested. +</p> + +<p> +I have thrown out these suggestions as the fruit of my own observation, to +which Congress, in their better judgment, will give such weight as they may +justly deserve. +</p> + +<p> +The report of the Secretary of the Treasury will explain in detail the +operations of that Department of the Government. The receipts into the +Treasury from all sources during the fiscal year ending June 30, 1858, +including the Treasury notes authorized by the act of December 23, 1857, +were $70,273,869.59, which amount, with the balance of $17,710,114.27 +remaining in the Treasury at the commencement of the year, made an +aggregate for the service of the year of $87,983,983.86. +</p> + +<p> +The public expenditures during the fiscal year ending June 30, 1858, +amounted to $81,585,667.76, of which $9,684,537.99 were applied to the +payment of the public debt and the redemption of Treasury notes with the +interest thereon, leaving in the Treasury on July 1, 1858, being the +commencement of the present fiscal year, $6,398,316.10. +</p> + +<p> +The receipts into the Treasury during the first quarter of the present +fiscal year, commencing the 1st of July, 1858, including one-half of the +loan of $20,000,000, with the premium upon it, authorized by the act of +June 14, 1858, were $25,230,879.46, and the estimated receipts for the +remaining three quarters to the 30th of June, 1859, from ordinary sources +are $38,500,000, making, with the balance before stated, an aggregate of +$70,129,195.56. +</p> + +<p> +The expenditures during the first quarter of the present fiscal year were +$21,708,198.51, of which $1,010,142.37 were applied to the payment of the +public debt and the redemption of Treasury notes and the interest thereon. +The estimated expenditures during the remaining three quarters to June 30, +1859, are $52,357,698.48, making an aggregate of $74,065,896.99, being an +excess of expenditure beyond the estimated receipts into the Treasury from +ordinary sources during the fiscal year to the 30th of June, 1859, of +$3,936,701.43. Extraordinary means are placed by law within the command of +the Secretary of the Treasury, by the reissue of Treasury notes redeemed +and by negotiating the balance of the loan authorized by the act of June +14, 1858, to the extent of $11,000,000, which, if realized during the +present fiscal year, will leave a balance in the Treasury on the 1st day of +July, 1859, of $7,063,298.57. +</p> + +<p> +The estimated receipts during the next fiscal year, ending June 30, 1860, +are $62,000,000, which, with the above-estimated balance of $7,063,298.57 +make an aggregate for the service of the next fiscal year of +$69,063,298.57. The estimated expenditures during the next fiscal year, +ending June 30, 1860, are $73,139,147.46, which leaves a deficit of +estimated means, compared with the estimated expenditures, for that year, +commencing on July 1, 1859, of $4,075,848.89. +</p> + +<p> +In addition to this sum the Postmaster-General will require from the +Treasury for the service of the Post-Office Department $3,838,728, as +explained in the report of the Secretary of the Treasury, which will +increase the estimated deficit on June 30, 1860, to $7,914,576.89. To +provide for the payment of this estimated deficiency, which will be +increased by such appropriations as may be made by Congress not estimated +for in the report of the Treasury Department, as well as to provide for the +gradual redemption from year to year of the outstanding Treasury notes, the +Secretary of the Treasury recommends such a revision of the present tariff +as will raise the required amount. After what I have already said I need +scarcely add that I concur in the opinion expressed in his report--that the +public debt should not be increased by an additional loan--and would +therefore strongly urge upon Congress the duty of making at their present +session the necessary provision for meeting these liabilities. +</p> + +<p> +The public debt on July 1, 1858, the commencement of the present fiscal +year, was $25,155,977.66. +</p> + +<p> +During the first quarter of the present year the sum of $10,000,000 has +been negotiated of the loan authorized by the act of June 14, 1858, making +the present outstanding public debt, exclusive of Treasury notes, +$35,155,977.66. There was on the 1st of July, 1858, of Treasury notes +issued by authority of the act of December 23, 1857, unredeemed, the sum of +$19,754,800, making the amount of actual indebtedness at that date +$54,910,777.66. To this will be added $10,000,000 during the present fiscal +year, this being the remaining half of the loan of $20,000,000 not yet +negotiated. +</p> + +<p> +The rapid increase of the public debt and the necessity which exists for a +modification of the tariff to meet even the ordinary expenses of the +Government ought to admonish us all, in our respective spheres of duty, to +the practice of rigid economy. The objects of expenditure should be limited +in number, as far as this may be practicable, and the appropriations +necessary to carry them into effect ought to be disbursed under the +strictest accountability. Enlightened economy does not consist in the +refusal to appropriate money for constitutional purposes essential to the +defense, progress, and prosperity of the Republic, but in taking care that +none of this money shall be wasted by mismanagement in its application to +the objects designated by law. +</p> + +<p> +Comparisons between the annual expenditure at the present time and what it +was ten or twenty years ago are altogether fallacious. The rapid increase +of our country in extent and population renders a corresponding increase of +expenditure to some extent unavoidable. This is constantly creating new +objects of expenditure and augmenting the amount required for the old. The +true questions, then, are, Have these objects been unnecessarily +multiplied, or has the amount expended upon any or all of them been larger +than comports with due economy? In accordance with these principles, the +heads of the different Executive Departments of the Government have been +instructed to reduce their estimates for the next fiscal year to the lowest +standard consistent with the efficiency of the service, and this duty they +have performed in a spirit of just economy. The estimates of the Treasury, +War, Navy, and Interior Departments have each been in some degree reduced, +and unless a sudden and unforeseen emergency should arise it is not +anticipated that a deficiency will exist in either within the present or +the next fiscal year. The Post-Office Department is placed in a peculiar +position, different from the other Departments, and to this I shall +hereafter refer. +</p> + +<p> +I invite Congress to institute a rigid scrutiny to ascertain whether the +expenses in all the Departments can not be still further reduced, and I +promise them all the aid in my power in pursuing the investigation. +</p> + +<p> +I transmit herewith the reports made to me by the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. They each contain +valuable information and important recommendations, to which I invite the +attention of Congress. +</p> + +<p> +In my last annual message I took occasion to recommend the immediate +construction of ten small steamers of light draft, for the purpose of +increasing the efficiency of the Navy. Congress responded to the +recommendation by authorizing the construction of eight of them. The +progress which has been made in executing this authority is stated in the +report of the Secretary of the Navy. I concur with him in the opinion that +a greater number of this class of vessels is necessary for the purpose of +protecting in a more efficient manner the persons and property of American +citizens on the high seas and in foreign countries, as well as in guarding +more effectually our own coasts. I accordingly recommend the passage of an +act for this purpose. +</p> + +<p> +The suggestions contained in the report of the Secretary of the Interior, +especially those in regard to the disposition of the public domain, the +pension and bounty-land system, the policy toward the Indians, and the +amendment of our patent laws, are worthy of the serious consideration of +Congress. +</p> + +<p> +The Post-Office Department occupies a position very different from that of +the other Departments. For many years it was the policy of the Government +to render this a self-sustaining Department; and if this can not now be +accomplished, in the present condition of the country, we ought to make as +near an approach to it as may be practicable. +</p> + +<p> +The Postmaster-General is placed in a most embarrassing position by the +existing laws. He is obliged to carry these into effect. He has no other +alternative. He finds, however, that this can not be done without heavy +demands upon the Treasury over and above what is received for postage, and +these have been progressively increasing from year to year until they +amounted for the last fiscal year, ending on the 30th of June, 1858, to +more than $4,500,000, whilst it is estimated that for the present fiscal +year they will amount to $6,290,000. These sums are exclusive of the annual +appropriation of $700,000 for "compensation for the mail service performed +for the two Houses of Congress and the other Departments and officers of +the Government in the transmission of free matter." +</p> + +<p> +The cause of these large deficits is mainly attributable to the increased +expense of transporting the mails. In 1852 the sum paid for this service +was but a fraction above four millions and a quarter. Since that year it +has annually increased, until in 1858 it has reached more than eight +millions and a quarter, and for the service of 1859 it is estimated that it +will amount to more than $10,000,000. +</p> + +<p> +The receipts of the Post-Office Department can be made to approach or to +equal its expenditure only by means of the legislation of Congress. In +applying any remedy care should be taken that the people shall not be +deprived of the advantages which they are fairly entitled to enjoy from the +Post-Office Department. The principal remedies recommended to the +consideration of Congress by the Postmaster-General are to restore the +former rate of postage upon single letters to 5 cents; to substitute for +the franking privilege the delivery to those now entitled to enjoy it of +post-office stamps for their correspondence, and to direct the Department +in making contracts for the transportation of the mail to confine itself to +the payment of the sum necessary for this single purpose, without requiring +it to be transported in post coaches or carriages of any particular +description. Under the present system the expense to the Government is +greatly increased by requiring that the mail shall be carried in such +vehicles as will accommodate passengers. This will be done, without pay +from the Department, over all roads where the travel will remunerate the +contractors. +</p> + +<p> +These recommendations deserve the grave consideration of Congress. I would +again call your attention to the construction of a Pacific railroad. Time +and reflection have but served to confirm me in the truth and justice of +the observations which I made on this subject in my last annual message, to +which I beg leave respectfully to refer. +</p> + +<p> +It is freely admitted that it would be inexpedient for this Government to +exercise the power of constructing the Pacific railroad by its own +immediate agents. Such a policy would increase the patronage of the +Executive to a dangerous extent, and introduce a system of jobbing and +corruption which no vigilance on the part of Federal officials could either +prevent or detect. This can only be done by the keen eye and active and +careful supervision of individual and private interest. The construction of +this road ought therefore to be committed to companies incorporated by the +States or other agencies whose pecuniary interests would be directly +involved. Congress might then assist them in the work by grants of land or +of money, or both, under such conditions and restrictions as would secure +the transportation of troops and munitions of war free from any charge and +that of the United States mail at a fair and reasonable price. +</p> + +<p> +The progress of events since the commencement of your last session has +shown how soon difficulties disappear before a firm and determined +resolution. At that time such a road was deemed by wise and patriotic men +to be a visionary project. The great distance to be overcome and the +intervening mountains and deserts in the way were obstacles which, in the +opinion of many, could not be surmounted. Now, after the lapse of but a +single year, these obstacles, it has been discovered, are far less +formidable than they were supposed to be, and mail stages with passengers +now pass and repass regularly twice in each week, by a common wagon road, +between San Francisco and St. Louis and Memphis in less than twenty-five +days. The service has been as regularly performed as it was in former years +between New York and this city. +</p> + +<p> +Whilst disclaiming all authority to appropriate money for the construction +of this road, except that derived from the war-making power of the +Constitution, there are important collateral considerations urging us to +undertake the work as speedily as possible. The first and most momentous of +these is that such a road would be a powerful bond of union between the +States east and west of the Rocky Mountains. This is so self-evident as to +require no illustration. +</p> + +<p> +But again, in a commercial point of view, I consider this the great +question of the day. With the eastern front of our Republic stretching +along the Atlantic and its western front along the Pacific, if all the +parts should be united by a safe, easy, and rapid intercommunication we +must necessarily command a very large proportion of the trade both of +Europe and Asia. Our recent treaties with China and Japan will open these +rich and populous Empires to our commerce; and the history of the world +proves that the nation which has gained possession of the trade with +eastern Asia has always become wealthy and powerful. The peculiar +geographical position of California and our Pacific possessions invites +American capital and enterprise into this fruitful field. To reap the rich +harvest, however, it is an indispensable prerequisite that we shall first +have a railroad to convey and circulate its products throughout every +portion of the Union. Besides, such a railroad through our temperate +latitude, which would not be impeded by the frosts and snows of winter nor +by the tropical heats of summer, would attract to itself much of the travel +and the trade of all nations passing between Europe and Asia. +</p> + +<p> +On the 21st of August last Lieutenant J. N. Maffit, of the United States +brig Dolphin, captured the slaver Echo (formerly the Putnam, of New +Orleans) near Kay Verde, on the coast of Cuba, with more than 300 African +negroes on board. The prize, under the command of Lieutenant Bradford, of +the United States Navy, arrived at Charleston on the 27th August, when the +negroes, 306 in number, were delivered into the custody of the United +States marshal for the district of South Carolina. They were first placed +in Castle Pinckney, and afterwards in Fort Sumter, for safe-keeping, and +were detained there until the 19th September, when the survivors, 271 in +number, were delivered on board the United States steamer Niagara to be +transported to the coast of Africa under the charge of the agent of the +United States, pursuant to the provisions of the act of the 3d March, 1819, +"in addition to the acts prohibiting the slave trade." Under the second +section of this act the President is "authorized to make such regulations +and arrangements as he may deem expedient for the safe-keeping, support, +and removal beyond the limits of the United States of all such negroes, +mulattoes, or persons of color" captured by vessels of the United States as +may be delivered to the marshal of the district into which they are +brought, "and to appoint a proper person or persons residing upon the coast +of Africa as agent or agents for receiving the negroes, mulattoes, or +persons of color delivered from on board vessels seized in the prosecution +of the slave trade by commanders of United States armed vessels." +</p> + +<p> +A doubt immediately arose as to the true construction of this act. It is +quite clear from its terms that the President was authorized to provide +"for the safe-keeping, support, and removal" of these negroes up till the +time of their delivery to the agent on the coast of Africa, but no express +provision was made for their protection and support after they had reached +the place of their destination. Still, an agent was to be pointed to +receive them in Africa, and it could not have been supposed that Congress +intended he should desert them at the moment they were received and turn +them loose on that inhospitable coast to perish for want of food or to +become again the victims of the slave trade. Had this been the intention of +Congress, the employment of an agent to receive them, who is required to +reside on the coast, was unnecessary, and they might have been landed by +our vessels anywhere in Africa and left exposed to the sufferings and the +fate which would certainly await them. +</p> + +<p> +Mr. Monroe, in his special message of December 17, 1819, at the first +session after the act was passed, announced to Congress what in his opinion +was its true construction. He believed it to be his duty under it to follow +these unfortunates into Africa and make provision for them there until they +should be able to provide for themselves. In communicating this +interpretation of the act to Congress he stated that some doubt had been +entertained as to its true intent and meaning, and he submitted the +question to them so that they might, "should it be deemed advisable, amend +the same before further proceedings are had under it." Nothing was done by +Congress to explain the act, and Mr. Monroe proceeded to carry it into +execution according to his own interpretation. This, then, became the +practical construction. When the Africans from on board the Echo were +delivered to the marshal at Charleston, it became my duty to consider what +disposition ought to be made of them under the law. For many reasons it was +expedient to remove them from that locality as speedily as possible. +Although the conduct of the authorities and citizens of Charleston in +giving countenance to the execution of the law was just what might have +been expected from their high character, yet a prolonged continuance of 300 +Africans in the immediate vicinity of that city could not have failed to +become a source of inconvenience and anxiety to its inhabitants. Where to +send them was the question. There was no portion of the coast of Africa to +which they could be removed with any regard to humanity except to Liberia. +Under these circumstances an agreement was entered into with the +Colonization Society on the 7th of September last, a copy of which is +herewith transmitted, under which the society engaged, for the +consideration of $45,000, to receive these Africans in Liberia from the +agent of the United States and furnish them during the period of one year +thereafter with comfortable shelter, clothing, provisions, and medical +attendance, causing the children to receive schooling, and all, whether +children or adults, to be instructed in the arts of civilized life suitable +to their condition. This aggregate of $45,000 was based upon an allowance +of $150 for each individual; and as there has been considerable mortality +among them and may be more before they reach Africa, the society have +agreed, in an equitable spirit, to make such a deduction from the amount as +under the circumstances may appear just and reasonable. This can not be +fixed until we shall ascertain the actual number which may become a charge +to the society. It was also distinctly agreed that under no circumstances +shall this Government be called upon for any additional expenses. The +agents of the society manifested a laudable desire to conform to the wishes +of the Government throughout the transaction. They assured me that after a +careful calculation they would be required to expend the sum of $150 on +each individual in complying with the agreement, and they would have +nothing left to remunerate them for their care, trouble, and +responsibility. At all events, I could make no better arrangement, and +there was no other alternative. During the period when the Government +itself, through its own agents, undertook the task of providing for +captured negroes in Africa the cost per head was very much greater. +</p> + +<p> +There having been no outstanding appropriation applicable to this purpose, +I could not advance any money on the agreement. I therefore recommend that +an appropriation may be made of the amount necessary to carry it into +effect. +</p> + +<p> +Other captures of a similar character may, and probably will, be made by +our naval forces, and I earnestly recommend that Congress may amend the +second section of the act of March 3, 1819, so as to free its construction +from the ambiguity which has so long existed and render the duty of the +President plain in executing its provisions. +</p> + +<p> +I recommend to your favorable regard the local interests of the District of +Columbia. As the residence of Congress and the Executive Departments of the +Government, we can not fail to feel a deep concern in its welfare. This is +heightened by the high character and the peaceful and orderly conduct of +its resident inhabitants. +</p> + +<p> +I can not conclude without performing the agreeable duty of expressing my +gratification that Congress so kindly responded to the recommendation of my +last annual message by affording me sufficient time before the close of +their late session for the examination of all the bills presented to me for +approval. This change in the practice of Congress has proved to be a +wholesome reform. It exerted a beneficial influence on the transaction of +legislative business and elicited the general approbation of the country. +It enabled Congress to adjourn with that dignity and deliberation so +becoming to the representatives of this great Republic, without having +crowded into general appropriation bills provisions foreign to their nature +and of doubtful constitutionality and expediency. Let me warmly and +strongly commend this precedent established by themselves as a guide to +their proceedings during the present session. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1859"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Buchanan<br /> +December 19, 1859<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and House of Representatives: +</p> + +<p> +Our deep and heartfelt gratitude is due to that Almighty Power which has +bestowed upon us such varied and numerous blessings throughout the past +year. The general health of the country has been excellent, our harvests +have been unusually plentiful, and prosperity smiles throughout the land. +Indeed, notwithstanding our demerits, we have much reason to believe from +the past events in our history that we have enjoyed the special protection +of Divine Providence ever since our origin as a nation. We have been +exposed to many threatening and alarming difficulties in our progress, but +on each successive occasion the impending cloud has been dissipated at the +moment it appeared ready to burst upon our head, and the danger to our +institutions has passed away. May we ever be under the divine guidance and +protection. Whilst it is the duty of the President "from time to time to +give to Congress information of the state of the Union," I shall not refer +in detail to the recent sad and bloody occurrences at Harpers Ferry. Still, +it is proper to observe that these events, however bad and cruel in +themselves, derive their chief importance from the apprehension that they +are but symptoms of an incurable disease in the public mind, which may +break out in still more dangerous outrages and terminate at last in an open +war by the North to abolish slavery in the South. Whilst for myself I +entertain no such apprehension, they ought to afford a solemn warning to us +all to beware of the approach of danger. Our Union is a stake of such +inestimable value as to demand our constant and watchful vigilance for its +preservation. In this view, let me implore my countrymen, North and South, +to cultivate the ancient feelings of mutual forbearance and good will +toward each other and strive to allay the demon spirit of sectional hatred +and strife now alive in the land. This advice proceeds from the heart of an +old public functionary whose service commenced in the last generation, +among the wise and conservative statesmen of that day, now nearly all +passed away, and whose first and dearest earthly wish is to leave his +country tranquil, prosperous, united, and powerful. +</p> + +<p> +We ought to reflect that in this age, and especially in this country, there +is an incessant flux and reflux of public opinion. Questions which in their +day assumed a most threatening aspect have now nearly gone from the memory +of men. They are "volcanoes burnt out, and on the lava and ashes and +squalid scoria of old eruptions grow the peaceful olive, the cheering vine, +and the sustaining corn." Such, in my opinion, will prove to be the fate of +the present sectional excitement should those who wisely seek to apply the +remedy continue always to confine their efforts within the pale of the +Constitution. If this course be pursued, the existing agitation on the +subject of domestic slavery, like everything human, will have its day and +give place to other and less threatening controversies. Public opinion in +this country is all-powerful, and when it reaches a dangerous excess upon +any question the good sense of the people will furnish the corrective and +bring it back within safe limits. Still, to hasten this auspicious result +at the present crisis we ought to remember that every rational creature +must be presumed to intend the natural consequences of his own teachings. +Those who announce abstract doctrines subversive of the Constitution and +the Union must not be surprised should their heated partisans advance one +step further and attempt by violence to carry these doctrines into +practical effect. In this view of the subject, it ought never to be +forgotten that however great may have been the political advantages +resulting from the Union to every portion of our common country, these +would all prove to be as nothing should the time ever arrive when they can +not be enjoyed without serious danger to the personal safety of the people +of fifteen members of the Confederacy. If the peace of the domestic +fireside throughout these States should ever be invaded, if the mothers of +families within this extensive region should not be able to retire to rest +at night without suffering dreadful apprehensions of what may be their own +fate and that of their children before the morning, it would be vain to +recount to such a people the political benefits which result to them from +the Union. Self-preservation is the first instinct of nature, and therefore +any state of society in which the sword is all the time suspended over the +heads of the people must at last become intolerable. But I indulge in no +such gloomy forebodings. On the contrary, I firmly believe that the events +at Harpers Ferry, by causing the people to pause and reflect upon the +possible peril to their cherished institutions, will be the means under +Providence of allaying the existing excitement and preventing further +outbreaks of a similar character. They will resolve that the Constitution +and the Union shall not be endangered by rash counsels, knowing that should +"the silver cord be loosed or the golden bowl be broken at the fountain" +human power could never reunite the scattered and hostile fragments. +</p> + +<p> +I cordially congratulate you upon the final settlement by the Supreme Court +of the United States of the question of slavery in the Territories, which +had presented an aspect so truly formidable at the commencement of my +Administration. The right has been established of every citizen to take his +property of any kind, including slaves, into the common Territories +belonging equally to all the States of the Confederacy, and to have it +protected there under the Federal Constitution. Neither Congress nor a +Territorial legislature nor any human power has any authority to annul or +impair this vested right. The supreme judicial tribunal of the country, +which is a coordinate branch of the Government, has sanctioned and affirmed +these principles of constitutional law, so manifestly just in themselves +and so well calculated to promote peace and harmony among the States. It is +a striking proof of the sense of justice which is inherent in our people +that the property in slaves has never been disturbed, to my knowledge, in +any of the Territories. Even throughout the late troubles in Kansas there +has not been any attempt, as I am credibly informed, to interfere in a +single instance with the right of the master. Had any such attempt been +made, the judiciary would doubtless have afforded an adequate remedy. +Should they fail to do this hereafter, it will then be time enough to +strengthen their hands by further legislation. Had it been decided that +either Congress or the Territorial legislature possess the power to annul +or impair the right to property in slaves, the evil would be intolerable. +In the latter event there would be a struggle for a majority of the members +of the legislature at each successive election, and the sacred rights of +property held under the Federal Constitution would depend for the time +being on the result. The agitation would thus be rendered incessant whilst +the Territorial condition remained, and its baneful influence would keep +alive a dangerous excitement among the people of the several States. +</p> + +<p> +Thus has the status of a Territory during the intermediate period from its +first settlement until it shall become a State been irrevocably fixed by +the final decision of the Supreme Court. Fortunate has this been for the +prosperity of the Territories, as well as the tranquillity of the States. +Now emigrants from the North and the South, the East and the West, will +meet in the Territories on a common platform, having brought with them that +species of property best adapted, in their own opinion, to promote their +welfare. From natural causes the slavery question will in each case soon +virtually settle itself, and before the Territory is prepared for admission +as a State into the Union this decision, one way or the other, will have +been a foregone conclusion. Meanwhile the settlement of the new Territory +will proceed without serious interruption, and its progress and prosperity +will not be endangered or retarded by violent political struggles. +</p> + +<p> +When in the progress of events the inhabitants of any Territory shall have +reached the number required to form a State, they will then proceed in a +regular manner and in the exercise of the rights of popular sovereignty to +form a constitution preparatory to admission into the Union. After this has +been done, to employ the language of the Kansas and Nebraska act, they +"shall be received into the Union with or without slavery, as their +constitution may prescribe at the time of their admission." This sound +principle has happily been recognized in some form or other by an almost +unanimous vote of both Houses of the last Congress. +</p> + +<p> +All lawful means at my command have been employed, and shall continue to be +employed, to execute the laws against the African slave trade. After a most +careful and rigorous examination of our coasts and a thorough investigation +of the subject, we have not been able to discover that any slaves have been +imported into the United States except the cargo by the Wanderer, numbering +between three and four hundred. Those engaged in this unlawful enterprise +have been rigorously prosecuted, but not with as much success as their +crimes have deserved. A number of them are still under prosecution. +</p> + +<p> +Our history proves that the fathers of the Republic, in advance of all +other nations, condemned the African slave trade. It was, notwithstanding, +deemed expedient by the framers of the Constitution to deprive Congress of +the power to prohibit "the migration or importation of such persons as any +of the States now existing shall think proper to admit" "prior to the year +1808." It will be seen that this restriction on the power of Congress was +confined to such States only as might think proper to admit the importation +of slaves. It did not extend to other States or to the trade carried on +abroad. Accordingly, we find that so early as the 22d March, 1794, Congress +passed an act imposing severe penalties and punishments upon citizens and +residents of the United States who should engage in this trade between +foreign nations. The provisions of this act were extended and enforced by +the act of 10th May, 1800. +</p> + +<p> +Again, the States themselves had a clear right to waive the constitutional +privilege intended for their benefit, and to prohibit by their own laws +this trade at any time they thought proper previous to 1808. Several of +them exercised this right before that period, and among them some +containing the greatest number of slaves. This gave to Congress the +immediate power to act in regard to all such States, because they +themselves had removed the constitutional barrier. Congress accordingly +passed an act on 28th February, 1803, "to prevent the importation of +certain persons into certain States where by the laws thereof their +admission is prohibited." In this manner the importation of African slaves +into the United States was to a great extent prohibited some years in +advance of 1808. +</p> + +<p> +As the year 1808 approached Congress determined not to suffer this trade to +exist even for a single day after they had the power to abolish it. On the +2d of March, 1807, they passed an act, to take effect "from and after the +1st day of January, 1808," prohibiting the importation of African slaves +into the United States. This was followed by subsequent acts of a similar +character, to which I need not specially refer. Such were the principles +and such the practice of our ancestors more than fifty years ago in regard +to the African slave trade. It did not occur to the revered patriots who +had been delegates to the Convention, and afterwards became members of +Congress, that in passing these laws they had violated the Constitution +which they had framed with so much care and deliberation. They supposed +that to prohibit Congress in express terms from exercising a specified +power before an appointed day necessarily involved the right to exercise +this power after that day had arrived. +</p> + +<p> +If this were not the case, the framers of the Constitution had expended +much labor in vain. Had they imagined that Congress would possess no power +to prohibit the trade either before or after 1808, they would not have +taken so much care to protect the States against the exercise of this power +before that period. Nay, more, they would not have attached such vast +importance to this provision as to have excluded it from the possibility of +future repeal or amendment, to which other portions of the Constitution +were exposed. It would, then, have been wholly unnecessary to ingraft on +the fifth article of the Constitution, prescribing the mode of its own +future amendment, the proviso "that no amendment which may be made prior to +the year 1808 shall in any manner affect" the provision in the Constitution +securing to the States the right to admit the importation of African slaves +previous to that period. According to the adverse construction, the clause +itself, on which so much care and discussion had been employed by the +members of the Convention, was an absolute nullity from the beginning, and +all that has since been done under it a mere usurpation. +</p> + +<p> +It was well and wise to confer this power on Congress, because had it been +left to the States its efficient exercise would have been impossible. In +that event any one State could have effectually continued the trade, not +only for itself, but for all the other slave States, though never so much +against their will. And why? Because African slaves, when once brought +within the limits of any one State in accordance with its laws, can not +practically be excluded from any State where slavery exists. And even if +all the States had separately passed laws prohibiting the importation of +slaves, these laws would have failed of effect for want of a naval force to +capture the slavers and to guard the coast. Such a force no State can +employ in time of peace without the consent of Congress. +</p> + +<p> +These acts of Congress, it is believed, have, with very rare and +insignificant exceptions, accomplished their purpose. For a period of more +than half a century there has been no perceptible addition to the number of +our domestic slaves. During this period their advancement in civilization +has far surpassed that of any other portion of the African race. The light +and the blessings of Christianity have been extended to them, and both +their moral and physical condition has been greatly improved. +</p> + +<p> +Reopen the trade and it would be difficult to determine whether the effect +would be more deleterious on the interests of the master or on those of the +native-born slave. Of the evils to the master, the one most to be dreaded +would be the introduction of wild, heathen, and ignorant barbarians among +the sober, orderly, and quiet slaves whose ancestors have been on the soil +for several generations. This might tend to barbarize, demoralize, and +exasperate the whole mass and produce most deplorable consequences. +</p> + +<p> +The effect upon the existing slave would, if possible, be still more +deplorable. At present he is treated with kindness and humanity. He is well +fed, well clothed, and not overworked. His condition is incomparably better +than that of the coolies which modern nations of high civilization have +employed as a substitute for African slaves. Both the philanthropy and the +self-interest of the master have combined to produce this humane result. +But let this trade be reopened and what will be the effect? The same to a +considerable extent as on a neighboring island, the only spot now on earth +where the African slave trade is openly tolerated, and this in defiance of +solemn treaties with a power abundantly able at any moment to enforce their +execution. There the master, intent upon present gain, extorts from the +slave as much labor as his physical powers are capable of enduring, knowing +that when death comes to his relief his place can be supplied at a price +reduced to the lowest point by the competition of rival African slave +traders. Should this ever be the case in our country, which I do not deem +possible, the present useful character of the domestic institution, wherein +those too old and too young to work are provided for with care and humanity +and those capable of labor are not overtasked, would undergo an unfortunate +change. The feeling of reciprocal dependence and attachment which now +exists between master and slave would be converted into mutual distrust and +hostility. +</p> + +<p> +But we are obliged as a Christian and moral nation to consider what would +be the effect upon unhappy Africa itself if we should reopen the slave +trade. This would give the trade an impulse and extension which it has +never had, even in its palmiest days. The numerous victims required to +supply it would convert the whole slave coast into a perfect pandemonium, +for which this country would be held responsible in the eyes both of God +and man. Its petty tribes would then be constantly engaged in predatory +wars against each other for the purpose of seizing slaves to supply the +American market. All hopes of African civilization would thus be ended. +</p> + +<p> +On the other hand, when a market for African slaves shall no longer be +furnished in Cuba, and thus all the world be closed against this trade, we +may then indulge a reasonable hope for the gradual improvement of Africa. +The chief motive of war among the tribes will cease whenever there is no +longer any demand for slaves. The resources of that fertile but miserable +country might then be developed by the hand of industry and afford subjects +for legitimate foreign and domestic commerce. In this manner Christianity +and civilization may gradually penetrate the existing gloom. +</p> + +<p> +The wisdom of the course pursued by this Government toward China has been +vindicated by the event. Whilst we sustained a neutral position in the war +waged by Great Britain and France against the Chinese Empire, our late +minister, in obedience to his instructions, judiciously cooperated with the +ministers of these powers in all peaceful measures to secure by treaty the +just concessions demanded by the interests of foreign commerce. The result +is that satisfactory treaties have been concluded with China by the +respective ministers of the United States, Great Britain, France, and +Russia. Our "treaty, or general convention, of peace, amity, and commerce" +with that Empire was concluded at Tien-tsin on the 18th June, 1858, and was +ratified by the President, by and with the advice and consent of the +Senate, on the 21st December following. On the 15th December, 1858, John E. +Ward, a distinguished citizen of Georgia, was duly commissioned as envoy +extraordinary and minister plenipotentiary to China. +</p> + +<p> +He left the United States for the place of his destination on the 5th of +February, 1859, bearing with him the ratified copy of this treaty, and +arrived at Shanghai on the 28th May. From thence he proceeded to Peking on +the 16th June, but did not arrive in that city until the 27th July. +According to the terms of the treaty, the ratifications were to be +exchanged on or before the 18th June, 1859. This was rendered impossible by +reasons and events beyond his control, not necessary to detail; but still +it is due to the Chinese authorities at Shanghai to state that they always +assured him no advantage should be taken of the delay, and this pledge has +been faithfully redeemed. +</p> + +<p> +On the arrival of Mr. Ward at Peking he requested an audience of the +Emperor to present his letter of credence. This he did not obtain, in +consequence of his very proper refusal to submit to the humiliating +ceremonies required by the etiquette of this strange people in approaching +their sovereign. Nevertheless, the interviews on this question were +conducted in the most friendly spirit and with all due regard to his +personal feelings and the honor of his country. When a presentation to His +Majesty was found to be impossible, the letter of credence from the +President was received with peculiar honors by Kweiliang, "the Emperor's +prime minister and the second man in the Empire to the Emperor himself." +The ratifications of the treaty were afterwards, on the 16th of August, +exchanged in proper form at Peit-sang. As the exchange did not take place +until after the day prescribed by the treaty, it is deemed proper before +its publication again to submit it to the Senate. It is but simple justice +to the Chinese authorities to observe that throughout the whole transaction +they appear to have acted in good faith and in a friendly spirit toward the +United States. It is true this has been done after their own peculiar +fashion; but we ought to regard with a lenient eye the ancient customs of +an empire dating back for thousands of years, so far as this may be +consistent with our own national honor. The conduct of our minister on the +occasion has received my entire approbation. +</p> + +<p> +In order to carry out the spirit of this treaty and to give it full effect +it became necessary to conclude two supplemental conventions, the one for +the adjustment and satisfaction of the claims of our citizens and the other +to fix the tariff on imports and exports and to regulate the transit duties +and trade of our merchants with China. This duty was satisfactorily +performed by our late minister. These conventions bear date at Shanghai on +the 8th November, 1858. Having been considered in the light of binding +agreements subsidiary to the principal treaty, and to be carried into +execution without delay, they do not provide for any formal ratification or +exchange of ratifications by the contracting parties. This was not deemed +necessary by the Chinese, who are already proceeding in good faith to +satisfy the claims of our citizens and, it is hoped, to carry out the other +provisions of the conventions. Still, I thought it was proper to submit +them to the Senate by which they were ratified on the 3d of March, 1859. +The ratified copies, however, did not reach Shanghai until after the +departure of our minister to Peking, and these conventions could not, +therefore, be exchanged at the same time with the principal treaty. No +doubt is entertained that they will be ratified and exchanged by the +Chinese Government should this be thought advisable; but under the +circumstances presented I shall consider them binding engagements from +their date on both parties, and cause them to be published as such for the +information and guidance of our merchants trading with the Chinese Empire. +</p> + +<p> +It affords me much satisfaction to inform you that all our difficulties +with the Republic of Paraguay have been satisfactorily adjusted. It happily +did not become necessary to employ the force for this purpose which +Congress had placed at my command under the joint resolution of 2d June, +1858. On the contrary, the President of that Republic, in a friendly +spirit, acceded promptly to the just and reasonable demands of the +Government of the United States. Our commissioner arrived at Assumption, +the capital of the Republic, on the 25th of January, 1859, and left it on +the 17th of February, having in three weeks ably and successfully +accomplished all the objects of his mission. The treaties which he has +concluded will be immediately submitted to the Senate. +</p> + +<p> +In the view that the employment of other than peaceful means might become +necessary to obtain "just satisfaction" from Paraguay, a strong naval force +was concentrated in the waters of the La Plata to await contingencies +whilst our commissioner ascended the rivers to Assumption. The Navy +Department is entitled to great credit for the promptness, efficiency, and +economy with which this expedition was fitted out and conducted. It +consisted of 19 armed vessels, great and small, carrying 200 guns and 2,500 +men, all under the command of the veteran and gallant Shubrick. The entire +expenses of the expedition have been defrayed out of the ordinary +appropriations for the naval service, except the sum of $289,000, applied +to the purchase of seven of the steamers constituting a part of it, under +the authority of the naval appropriation act of the 3d March last. It is +believed that these steamers are worth more than their cost, and they are +all now usefully and actively employed in the naval service. +</p> + +<p> +The appearance of so large a force, fitted out in such a prompt manner, in +the far-distant waters of the La Plata, and the admirable conduct of the +officers and men employed in it, have had a happy effect in favor of our +country throughout all that remote portion of the world. Our relations with +the great Empires of France and Russia, as well as with all other +governments on the continent of Europe, unless we may except that of Spain, +happily continue to be of the most friendly character. In my last annual +message I presented a statement of the unsatisfactory condition of our +relations with Spain, and I regret to say that this has not materially +improved. +</p> + +<p> +Without special reference to other claims, even the "Cuban claims," the +payment of which has been ably urged by our ministers, and in which more +than a hundred of our citizens are directly interested, remain unsatisfied, +notwithstanding both their justice and their amount ($128,635.54) had been +recognized and ascertained by the Spanish Government itself. +</p> + +<p> +I again recommend that an appropriation be made "to be paid to the Spanish +Government for the purpose of distribution among the claimants in the +Amistad case." In common with two of my predecessors, I entertain no doubt +that this is required by our treaty with Spain of the 27th October, 1795. +The failure to discharge this obligation has been employed by the cabinet +of Madrid as a reason against the settlement of our claims. +</p> + +<p> +I need not repeat the arguments which I urged in my last annual message in +favor of the acquisition of Cuba by fair purchase. My opinions on that +measure remain unchanged. I therefore again invite the serious attention of +Congress to this important subject. Without a recognition of this policy on +their part it will be almost impossible to institute negotiations with any +reasonable prospect of success. Until a recent period there was good reason +to believe that I should be able to announce to you on the present occasion +that our difficulties with Great Britain arising out of the Clayton and +Bulwer treaty had been finally adjusted in a manner alike honorable and +satisfactory to both parties. From causes, however, which the British +Government had not anticipated, they have not yet completed treaty +arrangements with the Republics of Honduras and Nicaragua, in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished. +</p> + +<p> +Whilst indulging the hope that no other subject remained which could +disturb the good understanding between the two countries, the question +arising out of the adverse claims of the parties to the island of San Juan, +under the Oregon treaty of the 15th June, 1846, suddenly assumed a +threatening prominence. In order to prevent unfortunate collisions on that +remote frontier, the late Secretary of State, on the 17th July, 1855, +addressed a note to Mr. Crampton, then British minister at Washington, +communicating to him a copy of the instructions which he (Mr. Marcy) had +given on the 14th July to Governor Stevens, of Washington Territory, having +a special reference to an "apprehended conflict between our citizens and +the British subjects on the island of San Juan." To prevent this the +governor was instructed "that the officers of the Territory should abstain +from all acts on the disputed grounds which are calculated to provoke any +conflicts, so far as it can be done without implying the concession to the +authorities of Great Britain of an exclusive right over the premises. The +title ought to be settled before either party should attempt to exclude the +other by force or exercise complete and exclusive sovereign rights within +the fairly disputed limits." In acknowledging the receipt on the next day +of Mr. Marcy's note the British minister expressed his entire concurrence +"in the propriety of the course recommended to the governor of Washington +Territory by your [Mr. Marcy's] instructions to that officer," and stating +that he had "lost no time in transmitting a copy of that document to the +Governor-General of British North America" and had "earnestly recommended +to His Excellency to take such measures as to him may appear best +calculated to secure on the part of the British local authorities and the +inhabitants of the neighborhood of the line in question the exercise of the +same spirit of forbearance which is inculcated by you [Mr. Marcy] on the +authorities and citizens of the United States." +</p> + +<p> +Thus matters remained upon the faith of this arrangement until the 9th July +last, when General Harney paid a visit to the island. He found upon it +twenty-five American residents with their families, and also an +establishment of the Hudsons Bay Company for the purpose of raising sheep. +A short time before his arrival one of these residents had shot an animal +belonging to the company whilst trespassing upon his premises, for which, +however, he offered to pay twice its value, but that was refused. Soon +after "the chief factor of the company at Victoria, Mr. Dalles, son-in-law +of Governor Douglas, came to the island in the British sloop of war +Satellite and threatened to take this American [Mr. Cutler] by force to +Victoria to answer for the trespass he had committed. The American seized +his rifle and told Mr. Dalles if any such attempt was made he would kill +him upon the spot. The affair then ended." +</p> + +<p> +Under these circumstances the American settlers presented a petition to the +General "through the United States inspector of customs, Mr. Hubbs, to +place a force upon the island to protect them from the Indians as well as +the oppressive interference of the authorities of the Hudsons Bay Company +at Victoria with their rights as American citizens." The General +immediately responded to this petition, and ordered Captain George E. +Pickett, Ninth Infantry, "to establish his company on Bellevue, or San Juan +Island, on some suitable position near the harbor at the southeastern +extremity." This order was promptly obeyed and a military post was +established at the place designated. The force was afterwards increased, so +that by the last return the whole number of troops then on the island +amounted in the aggregate to 691 men. +</p> + +<p> +Whilst I do not deem it proper on the present occasion to go further into +the subject and discuss the weight which ought to be attached to the +statements of the British colonial authorities contesting the accuracy of +the information on which the gallant General acted, it was due to him that +I should thus present his own reasons for issuing the order to Captain +Pickett. From these it is quite clear his object was to prevent the British +authorities on Vancouvers Island from exercising jurisdiction over American +residents on the island of San Juan, as well as to protect them against the +incursions of the Indians. Much excitement prevailed for some time +throughout that region, and serious danger of collision between the parties +was apprehended. The British had a large naval force in the vicinity, and +it is but an act of simple justice to the admiral on that station to state +that he wisely and discreetly forbore to commit any hostile act, but +determined to refer the whole affair to his Government and await their +instructions. +</p> + +<p> +This aspect of the matter, in my opinion, demanded serious attention. It +would have been a great calamity for both nations had they been +precipitated into acts of hostility, not on the question of title to the +island, but merely concerning what should be its condition during the +intervening period whilst the two Governments might be employed in settling +the question to which of them it belongs. For this reason +Lieutenant-General Scott was dispatched, on the 17th of September last, to +Washington Territory to take immediate command of the United States forces +on the Pacific Coast, should he deem this necessary. The main object of his +mission was to carry out the spirit of the precautionary arrangement +between the late Secretary of State and the British minister, and thus to +preserve the peace and prevent collision between the British and American +authorities pending the negotiations between the two Governments. +Entertaining no doubt of the validity of our title, I need scarcely add +that in any event American citizens were to be placed on a footing at least +as favorable as that of British subjects, it being understood that Captain +Pickett's company should remain on the island. It is proper to observe +that, considering the distance from the scene of action and in ignorance of +what might have transpired on the spot before the General's arrival, it was +necessary to leave much to his discretion; and I am happy to state the +event has proven that this discretion could not have been intrusted to more +competent hands. General Scott has recently returned from his mission, +having successfully accomplished its objects, and there is no longer any +good reason to apprehend a collision between the forces of the two +countries during the pendency of the existing negotiations. I regret to +inform you that there has been no improvement in the affairs of Mexico +since my last annual message, and I am again obliged to ask the earnest +attention of Congress to the unhappy condition of that Republic. +</p> + +<p> +The constituent Congress of Mexico, which adjourned on the 17th February, +1857, adopted a constitution and provided for a popular election. This took +place in the following July (1857), and General Comonfort was chosen +President almost without opposition. At the same election a new Congress +was chosen, whose first session commenced on the 16th of September (1857). +By the constitution of 1857 the Presidential term was to begin on the 1st +of December (1857) and continue for four years. On that day General +Comonfort appeared before the assembled Congress in the City of Mexico, +took the oath to support the new constitution, and was duly inaugurated as +President. Within a month afterwards he had been driven from the capital +and a military rebellion had assigned the supreme power of the Republic to +General Zuloaga. The constitution provided that in the absence of the +President his office should devolve upon the chief justice of the supreme +court; and General Comonfort having left the country, this functionary, +General Juarez, proceeded to form at Guanajuato a constitutional +Government. Before this was officially known, however, at the capital the +Government of Zuloaga had been recognized by the entire diplomatic corps, +including the minister of the United States, as the de facto Government of +Mexico. The constitutional President, nevertheless, maintained his position +with firmness, and was soon established, with his cabinet, at Vera Cruz. +Meanwhile the Government of Zuloaga was earnestly resisted in many parts of +the Republic, and even in the capital, a portion of the army having +pronounced against it, its functions were declared terminated, and an +assembly of citizens was invited for the choice of a new President. This +assembly elected General Miramort, but that officer repudiated the plan +under which he was chosen, and Zuloaga was thus restored to his previous +position. He assumed it, however, only to withdraw from it; and Miramon, +having become by his appointment "President substitute," continues with +that title at the head of the insurgent party. +</p> + +<p> +In my last annual message I communicated to Congress the circumstances +under which the late minister of the United States suspended his official +relations with the central Government and withdrew from the country. It was +impossible to maintain friendly intercourse with a government like that at +the capital, under whose usurped authority wrongs were constantly +committed, but never redressed. Had this been an established government, +with its power extending by the consent of the people over the whole of +Mexico, a resort to hostilities against it would have been quite +justifiable, and, indeed, necessary. But the country was a prey to civil +war, and it was hoped that the success of the constitutional President +might lead to a condition of things less injurious to the United States. +This success became so probable that in January last I employed a reliable +agent to visit Mexico and report to me the actual condition and prospects +of the contending parties. In consequence of his report and from +information which reached me from other sources favorable to the prospects +of the constitutional cause, I felt justified in appointing a new minister +to Mexico, who might embrace the earliest suitable opportunity of restoring +our diplomatic relations with that Republic. For this purpose a +distinguished citizen of Maryland was selected, who proceeded on his +mission on the 8th of March last, with discretionary authority to recognize +the Government of President Juarez if on his arrival in Mexico he should +find it entitled to such recognition according to the established practice +of the United States. +</p> + +<p> +On the 7th of April following Mr. McLane presented his credentials to +President Juarez, having no hesitation "in pronouncing the Government of +Juarez to be the only existing government of the Republic." He was +cordially received by the authorities at Vera Cruz, and they have ever +since manifested the most friendly disposition toward the United States. +</p> + +<p> +Unhappily, however, the constitutional Government has not been able to +establish its power over the whole Republic. It is supported by a large +majority of the people and the States, but there are important parts of the +country where it can enforce no obedience. +</p> + +<p> +General Miramon maintains himself at the capital, and in some of the +distant Provinces there are military governors who pay little respect to +the decrees of either Government. In the meantime the excesses which always +attend upon civil war, especially in Mexico, are constantly recurring. +Outrages of the worst description are committed both upon persons and +property. There is scarcely any form of injury which has not been suffered +by our citizens in Mexico during the last few years. We have been nominally +at peace with that Republic, but "so far as the interests of our commerce, +or of our citizens who have visited the country as merchants, shipmasters, +or in other capacities, are concerned, we might as well have been at war." +Life has been insecure, property unprotected, and trade impossible except +at a risk of loss which prudent men can not be expected to incur. Important +contracts, involving large expenditures, entered into by the central +Government, have been set at defiance by the local governments. Peaceful +American residents, occupying their rightful possessions, have been +suddenly expelled the country, in defiance of treaties and by the mere +force of arbitrary power. Even the course of justice has not been safe from +control, and a recent decree of Miramort permits the intervention of +Government in all suits where either party is a foreigner. Vessels of the +United States have been seized without law, and a consular officer who +protested against such seizure has been fined and imprisoned for disrespect +to the authorities. Military contributions have been levied in violation of +every principle of right, and the American who resisted the lawless demand +has had his property forcibly taken away and has been himself banished. +From a conflict of authority in different parts of the country tariff +duties which have been paid in one place have been exacted over again in +another place. Large numbers of our citizens have been arrested and +imprisoned without any form of examination or any opportunity for a +hearing, and even when released have only obtained their liberty after much +suffering and injury, and without any hope of redress. The wholesale +massacre of Crabbe and his associates without trial in Sonora, as well as +the seizure and murder of four sick Americans who had taken shelter in the +house of an American upon the soil of the United States, was communicated +to Congress at its last session. Murders of a still more atrocious +character have been committed in the very heart of Mexico, under the +authority of Miramon's Government, during the present year. Some of these +were only worthy of a barbarous age, and if they had not been dearly proven +would have seemed impossible in a country which claims to be civilized. Of +this description was the brutal massacre in April last, by order of General +Marquez, of three American physicians who were seized in the hospital at +Tacubaya while attending upon the sick and the dying of both parties, and +without trial, as without crime, were hurried away to speedy execution. +Little less shocking was the recent fate of Ormond Chase, who was shot in +Tepic on the 7th of August by order of the same Mexican general, not only +without a trial, but without any conjecture by his friends of the cause of +his arrest. He is represented as a young man of good character and +intelligence, who had made numerous friends in Tepic by the courage and +humanity which he had displayed on several trying occasions; and his death +was as unexpected as it was shocking to the whole community. Other outrages +might be enumerated, but these are sufficient to illustrate the wretched +state of the country and the unprotected condition of the persons and +property of our citizens in Mexico. +</p> + +<p> +In all these cases our ministers have been constant and faithful in their +demands for redress, but both they and this Government, which they have +successively represented, have been wholly powerless to make their demands +effective. Their testimony in this respect and in reference to the only +remedy which in their judgments would meet the exigency has been both +uniform and emphatic. "Nothing but a manifestation of the power of the +Government of the United States," wrote our late minister in 1856, "and of +its purpose to punish these wrongs will avail. I assure you that the +universal belief here is that there is nothing to be apprehended from the +Government of the United States, and that local Mexican officials can +commit these outrages upon American citizens with absolute impunity." "I +hope the President," wrote our present minister in August last, "will feel +authorized to ask from Congress the power to enter Mexico with the military +forces of the United States at the call of the constitutional authorities, +in order to protect the citizens and the treaty rights of the United +States. Unless such a power is conferred upon him, neither the one nor the +other will be respected in the existing state of anarchy and disorder, and +the outrages already perpetrated will never be chastised; and, as I assured +you in my No. 23, all these evils must increase until every vestige of +order and government disappears from the country." I have been reluctantly +led to the same opinion, and in justice to my countrymen who have suffered +wrongs from Mexico and who may still suffer them I feel bound to announce +this conclusion to Congress. +</p> + +<p> +The case presented, however, is not merely a case of individual claims, +although our just claims against Mexico have reached a very large amount; +nor is it merely the case of protection to the lives and property of the +few Americans who may still remain in Mexico, although the life and +property of every American citizen ought to be sacredly protected in every +quarter of the world; but it is a question which relates to the future as +well as to the present and the past, and which involves, indirectly at +least, the whole subject of our duty to Mexico as a neighboring State. The +exercise of the power of the United States in that country to redress the +wrongs and protect the rights of our own citizens is none the less to be +desired because efficient and necessary aid may thus be rendered at the +same time to restore peace and order to Mexico itself. In the +accomplishment of this result the people of the United States must +necessarily feel a deep and earnest interest. Mexico ought to be a rich and +prosperous and powerful Republic. She possesses an extensive territory, a +fertile soil, and an incalculable store of mineral wealth. She occupies an +important position between the Gulf and the ocean for transit routes and +for commerce. Is it possible that such a country as this can be given up to +anarchy and ruin without an effort from any quarter for its rescue and its +safety? Will the commercial nations of the world, which have so many +interests connected with it, remain wholly indifferent to such a result? +Can the United States especially, which ought to share most largely in its +commercial intercourse, allow their immediate neighbor thus to destroy +itself and injure them? Yet without support from some quarter it is +impossible to perceive how Mexico can resume her position among nations and +enter upon a career which promises any good results. The aid which she +requires, and which the interests of all commercial countries require that +she should have, it belongs to this Government to render, not only by +virtue of our neighborhood to Mexico, along whose territory we have a +continuous frontier of nearly a thousand miles, but by virtue also of our +established policy, which is inconsistent with the intervention of any +European power in the domestic concerns of that Republic. +</p> + +<p> +The wrongs which we have suffered from Mexico are before the world and must +deeply impress every American citizen. A government which is either unable +or unwilling to redress such wrongs is derelict to its highest duties. The +difficulty consists in selecting and enforcing the remedy. We may in vain +apply to the constitutional Government at Vera Cruz, although it is well +disposed to do us justice, for adequate redress. Whilst its authority is +acknowledged in all the important ports and throughout the seacoasts of the +Republic, its power does not extend to the City of Mexico and the States in +its vicinity, where nearly all the recent outrages have been committed on +American citizens. We must penetrate into the interior before we can reach +the offenders, and this can only be done by passing through the territory +in the occupation of the constitutional Government. The most acceptable and +least difficult mode of accomplishing the object will be to act in concert +with that Government. Their consent and their aid might, I believe, be +obtained; but if not, our obligation to protect our own citizens in their +just rights secured by treaty would not be the less imperative. For these +reasons I recommend to Congress to pass a law authorizing the President +under such conditions as they may deem expedient, to employ a sufficient +military force to enter Mexico for the purpose of obtaining indemnity for +the past and security for the future. I purposely refrain from any +suggestion as to whether this force shall consist of regular troops or +volunteers, or both. This question may be most appropriately left to the +decision of Congress. I would merely observe that should volunteers be +selected such a force could be easily raised in this country among those +who sympathize with the sufferings of our unfortunate fellow-citizens in +Mexico and with the unhappy condition of that Republic. Such an accession +to the forces of the constitutional Government would enable it soon to +reach the City of Mexico and extend its power over the whole Republic. In +that event there is no reason to doubt that the just claims of our citizens +would be satisfied and adequate redress obtained for the injuries inflicted +upon them. The constitutional Government have ever evinced a strong desire +to do justice, and this might be secured in advance by a preliminary +treaty. +</p> + +<p> +It may be said that these measures will, at least indirectly, be +inconsistent with our wise and settled policy not to interfere in the +domestic concerns of foreign nations. But does not the present case fairly +constitute an exception? An adjoining Republic is in a state of anarchy and +confusion from which she has proved wholly unable to extricate herself. She +is entirely destitute of the power to maintain peace upon her borders or to +prevent the incursions of banditti into our territory. In her fate and in +her fortune, in her power to establish and maintain a settled government, +we have a far deeper interest, socially, commercially, and politically, +than any other nation. She is now a wreck upon the ocean, drifting about as +she is impelled by different factions. As a good neighbor, shall we not +extend to her a helping hand to save her? If we do not, it would not be +surprising should some other nation undertake the task, and thus force us +to interfere at last, under circumstances of increased difficulty, for the +maintenance of our established policy. +</p> + +<p> +I repeat the recommendation contained in my last annual message that +authority may be given to the President to establish one or more temporary +military posts across the Mexican line in Sonora and Chihuahua, where these +may be necessary to protect the lives and property of American and Mexican +citizens against the incursions and depredations of the Indians, as well as +of lawless rovers, on that remote region. The establishment of one such +post at a point called Arispe, in Sonora, in a country now almost +depopulated by the hostile inroads of the Indians from our side of the +line, would, it is believed, have prevented much injury and many cruelties +during the past season. A state of lawlessness and violence prevails on +that distant frontier. Life and property are there wholly insecure. The +population of Arizona, now numbering more than 10,000 souls, are +practically destitute of government, of laws, or of any regular +administration of justice. Murder, rapine, and other crimes are committed +with impunity. I therefore again call the attention of Congress to the +necessity for establishing a Territorial government over Arizona. +</p> + +<p> +The treaty with Nicaragua of the 16th of February, 1857, to which I +referred in my last annual message, failed to receive the ratification of +the Government of that Republic, for reasons which I need not enumerate. A +similar treaty has been since concluded between the parties, bearing date +on the 16th March, 1859, which has already been ratified by the Nicaraguan +Congress. This will be immediately submitted to the Senate for their +ratification. Its provisions can not, I think, fail to be acceptable to the +people of both countries. +</p> + +<p> +Our claims against the Governments of Costa Rica and Nicaragua remain +unredressed, though they are pressed in an earnest manner and not without +hope of success. +</p> + +<p> +I deem it to be my duty once more earnestly to recommend to Congress the +passage of a law authorizing the President to employ the naval force at his +command for the purpose of protecting the lives and property of American +citizens passing in transit across the Panama, Nicaragua, and Tehuantepec +routes against sudden and lawless outbreaks and depredations. I shall not +repeat the arguments employed in former messages in support of this +measure. Suffice it to say that the lives of many of our people and the +security of vast amounts of treasure passing and repassing over one or more +of these routes between the Atlantic and Pacific may be deeply involved in +the action of Congress on this subject. +</p> + +<p> +I would also again recommend to Congress that authority be given to the +President to employ the naval force to protect American merchant vessels, +their crews and cargoes, against violent and lawless seizure and +confiscation in the ports of Mexico and the Spanish American States when +these countries may be in a disturbed and revolutionary condition. The mere +knowledge that such an authority had been conferred, as I have already +stated, would of itself in a great degree prevent the evil. Neither would +this require any additional appropriation for the naval service. +</p> + +<p> +The chief objection urged against the grant of this authority is that +Congress by conferring it would violate the Constitution; that it would be +a transfer of the war-making, or, strictly speaking, the war-declaring, +power to the Executive. If this were well rounded, it would, of course, be +conclusive. A very brief examination, however, will place this objection at +rest. +</p> + +<p> +Congress possess the sole and exclusive power under the Constitution "to +declare war." They alone can "raise and support armies" and "provide and +maintain a navy." But after Congress shall have declared war and provided +the force necessary to carry it on the President, as Commander in Chief of +the Army and Navy, can alone employ this force in making war against the +enemy. This is the plain language, and history proves that it was the +well-known intention of the framers, of the Constitution. +</p> + +<p> +It will not be denied that the general "power to declare war" is without +limitation and embraces within itself not only what writers on the law of +nations term a public or perfect war, but also an imperfect war, and, in +short, every species of hostility, however confined or limited. Without the +authority of Congress the President can not fire a hostile gun in any case +except to repel the attacks of an enemy. It will not be doubted that under +this power Congress could, if they thought proper, authorize the President +to employ the force at his command to seize a vessel belonging to an +American citizen which had been illegally and unjustly captured in a +foreign port and restore it to its owner. But can Congress only act after +the fact, after the mischief has been done? Have they no power to confer +upon the President the authority in advance to furnish instant redress +should such a case afterwards occur? Must they wait until the mischief has +been done, and can they apply the remedy only when it is too late? To +confer this authority to meet future cases under circumstances strictly +specified is as clearly within the war-declaring power as such an authority +conferred upon the President by act of Congress after the deed had been +done. In the progress of a great nation many exigencies must arise +imperatively requiring that Congress should authorize the President to act +promptly on certain conditions which may or may not afterwards arise. Our +history has already presented a number of such cases. I shall refer only to +the latest. Under the resolution of June 2, 1858, "for the adjustment of +difficulties with the Republic of Paraguay," the President is "authorized +to adopt such measures and use such force as in his judgment may be +necessary and advisable in the event of a refusal of just satisfaction by +the Government of Paraguay." "Just satisfaction" for what? For "the attack +on the United States steamer Water Witch" and "other matters referred to in +the annual message of the President." Here the power is expressly granted +upon the condition that the Government of Paraguay shall refuse to render +this "just satisfaction." In this and other similar cases Congress have +conferred upon the President power in advance to employ the Army and Navy +upon the happening of contingent future events; and this most certainly is +embraced within the power to declare war. +</p> + +<p> +Now, if this conditional and contingent power could be constitutionally +conferred upon the President in the case of Paraguay, why may it not be +conferred for the purpose of protecting the lives and property of American +citizens in the event that they may be violently and unlawfully attacked in +passing over the transit routes to and from California or assailed by the +seizure of their vessels in a foreign port? To deny this power is to render +the Navy in a great degree useless for the protection of the lives and +property of American citizens in countries where neither protection nor +redress can be otherwise obtained. +</p> + +<p> +The Thirty-fifth Congress terminated on the 3d of March, 1859, without +having passed the "act making appropriations for the service of the +Post-Office Department during the fiscal year ending the 30th of June, +1860," This act also contained an appropriation "to supply deficiencies in +the revenue of the Post-Office Department for the year ending 30th June, +1859." I believe this is the first instance since the origin of the Federal +Government, now more than seventy years ago, when any Congress went out of +existence without having passed all the general appropriation bills +necessary to carry on the Government until the regular period for the +meeting of a new Congress. This event imposed on the Executive a grave +responsibility. It presented a choice of evils. +</p> + +<p> +Had this omission of duty occurred at the first session of the last +Congress, the remedy would have been plain. I might then have instantly +recalled them to complete their work, and this without expense to the +Government. But on the 4th of March last there were fifteen of the +thirty-three States which had not elected any Representatives to the +present Congress. Had Congress been called together immediately, these +States would have been virtually disfranchised. If an intermediate period +had been selected, several of the States would have been compelled to hold +extra sessions of their legislatures, at great inconvenience and expense, +to provide for elections at an earlier day than that previously fixed by +law. In the regular course ten of these States would not elect until after +the beginning of August, and five of these ten not until October and +November. +</p> + +<p> +On the other hand, when I came to examine carefully the condition of the +Post-Office Department, I did not meet as many or as great difficulties as +I had apprehended. Had the bill which failed been confined to +appropriations for the fiscal year ending on the 30th June next, there +would have been no reason of pressing importance for the call of an extra +session. Nothing would become due on contracts (those with railroad +companies only excepted) for carrying the mail for the first quarter of the +present fiscal year, commencing on the 1st of July, until the 1st of +December--less than one week before the meeting of the present Congress. +The reason is that the mail contractors for this and the current year did +not complete their first quarter's service until the 30th September last, +and by the terms of their contracts sixty days more are allowed for the +settlement of their accounts before the Department could be called upon for +payment. +</p> + +<p> +The great difficulty and the great hardship consisted in the failure to +provide for the payment of the deficiency in the fiscal year ending the +30th June, 1859. The Department had entered into contracts, in obedience to +existing laws, for the service of that fiscal year, and the contractors +were fairly entitled to their compensation as it became due. The deficiency +as stated in the bill amounted to $3,838,728, but after a careful +settlement of all these accounts it has been ascertained that it amounts to +$4,296,009. With the scanty means at his command the Postmaster-General has +managed to pay that portion of this deficiency which occurred in the first +two quarters of the past fiscal year, ending on the 31st December last. In +the meantime the contractors themselves, under these trying circumstances, +have behaved in a manner worthy of all commendation. They had one resource +in the midst of their embarrassments. After the amount due to each of them +had been ascertained and finally settled according to law, this became a +specific debt of record against the United States, which enabled them to +borrow money on this unquestionable security. Still, they were obliged to +pay interest in consequence of the default of Congress, and on every +principle of justice ought to receive interest from the Government. This +interest should commence from the date when a warrant would have issued for +the payment of the principal had an appropriation been made for this +purpose. Calculated up to the 1st December, it will not exceed $96,660--a +sum not to be taken into account when contrasted with the great +difficulties and embarrassments of a public and private character, both to +the people and the States, which would have resulted from convening and +holding a special session of Congress. For these reasons I recommend the +passage of a bill at as early a day as may be practicable to provide for +the payment of the amount, with interest, due to these last-mentioned +contractors, as well as to make the necessary appropriations for the +service of the Post-Office Department for the current fiscal year. +</p> + +<p> +The failure to pass the Post-Office bill necessarily gives birth to serious +reflections. Congress, by refusing to pass the general appropriation bills +necessary to carry on the Government, may not only arrest its action, but +might even destroy its existence. The Army, the Navy, the judiciary, in +short, every department of the Government, can no longer perform their +functions if Congress refuse the money necessary for their support. If this +failure should teach the country the necessity of electing a full Congress +in sufficient time to enable the President to convene them in any +emergency, even immediately after the old Congress has expired, it will +have been productive of great good. In a time of sudden and alarming +danger, foreign or domestic, which all nations must expect to encounter in +their progress, the very salvation of our institutions may be staked upon +the assembling of Congress without delay. If under such circumstances the +President should find himself in the condition in which he was placed at +the close of the last Congress, with nearly half the States of the Union +destitute of representatives, the consequences might he disastrous. I +therefore recommend to Congress to carry into effect the provisions of the +Constitution on this subject, and to pass a law appointing some day +previous to the 4th March in each year of odd number for the election of +Representatives throughout all the States. They have already appointed a +day for the election of electors for President and Vice-President, and this +measure has been approved by the country. +</p> + +<p> +I would again express a most decided opinion in favor of the construction +of a Pacific railroad, for the reasons stated in my two last annual +messages. When I reflect upon what would be the defenseless condition of +our States and Territories west of the Rocky Mountains in case of a war +with a naval power sufficiently strong to interrupt all intercourse with +them by the routes across the Isthmus, I am still more convinced than ever +of the vast importance of this railroad. I have never doubted the +constitutional competency of Congress to provide for its construction, but +this exclusively under the war-making power. Besides, the Constitution +expressly requires as an imperative duty that "the United States shall +protect each of them [the States] against invasion." I am at a loss to +conceive how this protection can be afforded to California and Oregon +against such a naval power by any other means. I repeat the opinion +contained in my last annual message that it would be inexpedient for the +Government to undertake this great work by agents of its own appointment +and under its direct and exclusive control. This would increase the +patronage of the Executive to a dangerous extent and would foster a system +of jobbing and corruption which no vigilance on the part of Federal +officials could prevent. The construction of this road ought, therefore, to +be intrusted to incorporated companies or other agencies who would exercise +that active and vigilant supervision over it which can be inspired alone by +a sense of corporate and individual interest. I venture to assert that the +additional cost of transporting troops, munitions of war, and necessary +supplies for the Army across the vast intervening plains to our possessions +on the Pacific Coast would be greater in such a war than the whole amount +required to construct the road. And yet this resort would after all be +inadequate for their defense and protection. +</p> + +<p> +We have yet scarcely recovered from the habits of extravagant expenditure +produced by our overflowing Treasury during several years prior to the +commencement of my Administration. The financial reverses which we have +since experienced ought to teach us all to scrutinize our expenditures with +the greatest vigilance and to reduce them to the lowest possible point. The +Executive Departments of the Government have devoted themselves to the +accomplishment of this object with considerable success, as will appear +from their different reports and estimates. To these I invite the scrutiny +of Congress, for the purpose of reducing them still lower, if this be +practicable consistent with the great public interests of the country. In +aid of the policy of retrenchment, I pledge myself to examine closely the +bills appropriating lands or money, so that if any of these should +inadvertently pass both Houses, as must sometimes be the case, I may afford +them an opportunity for reconsideration. At the same time, we ought never +to forget that true public economy consists not in withholding the means +necessary to accomplish important national objects confided to us by the +Constitution, but in taking care that the money appropriated for these +purposes shall be faithfully and frugally expended. +</p> + +<p> +It will appear from the report of the Secretary of the Treasury that it is +extremely doubtful, to say the least, whether we shall be able to pass +through the present and the next fiscal year without providing additional +revenue. This can only be accomplished by strictly confining the +appropriations within the estimates of the different Departments, without +making an allowance for any additional expenditures which Congress may +think proper, in their discretion, to authorize, and without providing for +the redemption of any portion of the $20,000,000 of Treasury notes which +have been already issued. In the event of a deficiency, which I consider +probable, this ought never to be supplied by a resort to additional loans. +It would be a ruinous practice in the days of peace and prosperity to go on +increasing the national debt to meet the ordinary expenses of the +Government. This policy would cripple our resources and impair our credit +in case the existence of war should render it necessary to borrow money. +Should such a deficiency occur as I apprehend, I would recommend that the +necessary revenue be raised by an increase of our present duties on +imports. I need not repeat the opinions expressed in my last annual message +as to the best mode and manner of accomplishing this object, and shall now +merely observe that these have since undergone no change. The report of the +Secretary of the Treasury will explain in detail the operations of that +Department of the Government. The receipts into the Treasury from all +sources during the fiscal year ending June 30, 1859, including the loan +authorized by the act of June 14, 1858, and the issues of Treasury notes +authorized by existing laws, were $81,692,471.01, which sum, with the +balance of $6,398,316.10 remaining in the Treasury at the commencement of +that fiscal year, made an aggregate for the service of the year of +$88,090,787.11. +</p> + +<p> +The public expenditures during the fiscal year ending June 30, 1859, +amounted to $83,751,511.57. Of this sum $17,405,285.44 were applied to the +payment of interest on the public debt and the redemption of the issues of +Treasury notes. The expenditures for all other branches of the public +service during that fiscal year were therefore $66,346,226.13. The balance +remaining in the Treasury on the 1st July, 1859, being the commencement of +the present fiscal year, was $4,339,275.54. The receipts into the Treasury +during the first quarter of the present fiscal year, commencing July 1, +1859, were $20,618,865.85. Of this amount $3,821,300 was received on +account of the loan and the issue of Treasury notes, the amount of +$16,797,565.85 having been received during the quarter from the ordinary +sources of public revenue. The estimated receipts for the remaining three +quarters of the present fiscal year, to June 30, 1860, are $50,426,400. Of +this amount it is estimated that $5,756,400 will be received for Treasury +notes which may be reissued under the fifth section of the act of 3d March +last, and $1,170,000 on account of the loan authorized by the act of June +14, 1858, making $6,926,400 from these extraordinary sources, and +$43,500,000 from the ordinary sources of the public revenue, making an +aggregate, with the balance in the Treasury on the 1st July, 1859, of +$75,384,541.89 for the estimated means of the present fiscal year, ending +June 30, 1860. +</p> + +<p> +The expenditures during the first quarter of the present fiscal year were +$20,007,174.76. Four million six hundred and sixty-four thousand three +hundred and sixty-six dollars and seventy-six cents of this sum were +applied to the payment of interest on the public debt and the redemption of +the issues of Treasury notes, and the remainder, being $15,342,808, were +applied to ordinary expenditures during the quarter. The estimated +expenditures during the remaining three quarters, to June 30, 1860, are +$40,995,558.23, of which sum $2,886,621.34 are estimated for the interest +on the public debt. The ascertained and estimated expenditures for the +fiscal year ending June 30, 1860, on account of the public debt are +accordingly $7,550,988.10, and for the ordinary expenditures of the +Government $53,451,744.89, making an aggregate of $61,002,732.99, leaving +an estimated balance in the Treasury on June 30, 1860, of $14,381,808.40. +</p> + +<p> +The estimated receipts during the next fiscal year, ending June 30, 1861, +are $66,225,000, which, with the balance estimated, as before stated, as +remaining in the Treasury on the 30th June, 1860, will make an aggregate +for the service of the next fiscal year of $80,606,808.40. +</p> + +<p> +The estimated expenditures during the next fiscal year, ending 30th June, +1861, are $66,714,928.79. Of this amount $3,386,621.34 will be required to +pay the interest on the public debt, leaving the sum of $63,328,307.45 for +the estimated ordinary expenditures during the fiscal year ending 30th +June, 1861. Upon these estimates a balance will be left in the Treasury on +the 30th June, 1861, of $13,891,879.61. But this balance, as well as that +estimated to remain in the Treasury on the 1st July, 1860, will be reduced +by such appropriations as shall be made by law to carry into effect certain +Indian treaties during the present fiscal year, asked for by the Secretary +of the Interior, to the amount of $539,350; and upon the estimates of the +postmaster-General for the service of his Department the last fiscal year, +ending 30th June, 1859, amounting to $4,296,009, together with the further +estimate of that officer for the service of the present fiscal year, ending +30th June, 1860, being $5,526,324, making an aggregate of $10,361,683. +</p> + +<p> +Should these appropriations be made as requested by the proper Departments, +the balance in the Treasury on the 30th June, 1861, will not, it is +estimated, exceed $3,530,196.61. +</p> + +<p> +I transmit herewith the reports of the Secretaries of War, of the Navy, of +the Interior, and of the postmaster-General. They each contain valuable +information and important recommendations well worthy of the serious +consideration of Congress. It will appear from the report of the Secretary +of War that the Army expenditures have been materially reduced by a system +of rigid economy, which in his opinion offers every guaranty that the +reduction will be permanent. The estimates of the Department for the next +have been reduced nearly $2,000,000 below the estimates for the present +fiscal year and $500,000 below the amount granted for this year at the last +session of Congress. +</p> + +<p> +The expenditures of the Post-Office Department during the past fiscal year, +ending on the 30th June, 1859, exclusive of payments for mail service +specially provided for by Congress out of the general Treasury, amounted to +$14,964,493.33 and its receipts to $7,968,484.07, showing a deficiency to +be supplied from the Treasury of $6,996,009.26, against $5,235,677.15 for +the year ending 30th June, 1858. The increased cost of transportation, +growing out of the expansion of the service required by Congress, explains +this rapid augmentation of the expenditures. It is gratifying, however, to +observe an increase of receipts for the year ending on the 30th of June, +1859, equal to $481,691.21 compared with those in the year ending on the +30th June, 1858. +</p> + +<p> +It is estimated that the deficiency for the current fiscal year will be +$5,988,424.04, but that for the year ending 30th June, 1861, it will not +exceed $1,342,473.90 should Congress adopt the measures of reform proposed +and urged by the Postmaster-General. Since the month of March retrenchments +have been made in the expenditures amounting to $1,826,471 annually, which, +however, did not take effect until after the commencement of the present +fiscal year. The period seems to have arrived for determining the question +whether this Department shall become a permanent and ever-increasing charge +upon the Treasury, or shall be permitted to resume the self-sustaining +policy which had so long controlled its administration. The course of +legislation recommended by the Postmaster-General for the relief of the +Department from its present embarrassments and for restoring it to its +original independence is deserving of your early and earnest +consideration. +</p> + +<p> +In conclusion I would again commend to the just liberality of Congress the +local interests of the District of Columbia. Surely the city bearing the +name of Washington, and destined, I trust, for ages to be the capital of +our united, free, and prosperous Confederacy, has strong claims on our +favorable regard. +</p> + +<p><br /><br /><br /></p> + +<p class="t3"> +*** +</p> + +<p><a id="dec1860"></a></p> + +<p class="noindent"> +State of the Union Address<br /> +James Buchanan<br /> +December 3, 1860<br /> +</p> + +<p class="noindent"> +Fellow-Citizens of the Senate and House of Representatives: +</p> + +<p> +Throughout the year since our last meeting the country has been eminently +prosperous in all its material interests. The general health has been +excellent, our harvests have been abundant, and plenty smiles throughout +the laud. Our commerce and manufactures have been prosecuted with energy +and industry, and have yielded fair and ample returns. In short, no nation +in the tide of time has ever presented a spectacle of greater material +prosperity than we have done until within a very recent period. +</p> + +<p> +Why is it, then, that discontent now so extensively prevails, and the Union +of the States, which is the source of all these blessings, is threatened +with destruction? +</p> + +<p> +The long-continued and intemperate interference of the Northern people with +the question of slavery in the Southern States has at length produced its +natural effects. The different sections of the Union are now arrayed +against each other, and the time has arrived, so much dreaded by the Father +of his Country, when hostile geographical parties have been formed. +</p> + +<p> +I have long foreseen and often forewarned my countrymen of the now +impending danger. This does not proceed solely from the claim on the part +of Congress or the Territorial legislatures to exclude slavery from the +Territories, nor from the efforts of different States to defeat the +execution of the fugitive-slave law. All or any of these evils might have +been endured by the South without danger to the Union (as others have been) +in the hope that time and reflection might apply the remedy. The immediate +peril arises not so much from these causes as from the fact that the +incessant and violent agitation of the slavery question throughout the +North for the last quarter of a century has at length produced its malign +influence on the slaves and inspired them with vague notions of freedom. +Hence a sense of security no longer exists around the family altar. This +feeling of peace at home has given place to apprehensions of servile +insurrections. Many a matron throughout the South retires at night in dread +of what may befall herself and children before the morning. Should this +apprehension of domestic danger, whether real or imaginary, extend and +intensify itself until it shall pervade the masses of the Southern people, +then disunion will become inevitable. Self-preservation is the first law of +nature, and has been implanted in the heart of man by his Creator for the +wisest purpose; and no political union, however fraught with blessings and +benefits in all other respects, can long continue if the necessary +consequence be to render the homes and the firesides of nearly half the +parties to it habitually and hopelessly insecure. Sooner or later the bonds +of such a union must be severed. It is my conviction that this fatal period +has not yet arrived, and my prayer to God is that He would preserve the +Constitution and the Union throughout all generations. +</p> + +<p> +But let us take warning in time and remove the cause of danger. It can not +be denied that for five and twenty years the agitation at the North against +slavery has been incessant. In 1835 pictorial handbills and inflammatory +appeals were circulated extensively throughout the South of a character to +excite the passions of the slaves, and, in the language of General Jackson, +"to stimulate them to insurrection and produce all the horrors of a servile +war." This agitation has ever since been continued by the public press, by +the proceedings of State and county conventions and by abolition sermons +and lectures. The time of Congress has been occupied in violent speeches on +this never-ending subject, and appeals, in pamphlet and other forms, +indorsed by distinguished names, have been sent forth from this central +point and spread broadcast over the Union. +</p> + +<p> +How easy would it be for the American people to settle the slavery question +forever and to restore peace and harmony to this distracted country! They, +and they alone, can do it. All that is necessary to accomplish the object, +and all for which the slave States have ever contended, is to be let alone +and permitted to manage their domestic institutions in their own way. As +sovereign States, they, and they alone, are responsible before God and the +world for the slavery existing among them. For this the people of the North +are not more responsible and have no more fight to interfere than with +similar institutions in Russia or in Brazil. +</p> + +<p> +Upon their good sense and patriotic forbearance I confess I still greatly +rely. Without their aid it is beyond the power of any President, no matter +what may be his own political proclivities, to restore peace and harmony +among the States. Wisely limited and restrained as is his power under our +Constitution and laws, he alone can accomplish but little for good or for +evil on such a momentous question. +</p> + +<p> +And this brings me to observe that the election of any one of our +fellow-citizens to the office of President does not of itself afford just +cause for dissolving the Union. This is more especially true if his +election has been effected by a mere plurality, and not a majority of the +people, and has resulted from transient and temporary causes, which may +probably never again occur. In order to justify a resort to revolutionary +resistance, the Federal Government must be guilty of "a deliberate, +palpable, and dangerous exercise" of powers not granted by the +Constitution. +</p> + +<p> +The late Presidential election, however, has been held in strict conformity +with its express provisions. How, then, can the result justify a revolution +to destroy this very Constitution? Reason, justice, a regard for the +Constitution, all require that we shall wait for some overt and dangerous +act on the part of the President elect before resorting to such a remedy. +It is said, however, that the antecedents of the President-elect have been +sufficient to justify the fears of the South that he will attempt to invade +their constitutional rights. But are such apprehensions of contingent +danger in the future sufficient to justify the immediate destruction of the +noblest system of government ever devised by mortals? From the very nature +of his office and its high responsibilities he must necessarily be +conservative. The stern duty of administering the vast and complicated +concerns of this Government affords in itself a guaranty that he will not +attempt any violation of a clear constitutional right. +</p> + +<p> +After all, he is no more than the chief executive officer of the +Government. His province is not to make but to execute the laws. And it is +a remarkable fact in our history that, notwithstanding the repeated efforts +of the antislavery party, no single act has ever passed Congress, unless we +may possibly except the Missouri compromise, impairing in the slightest +degree the rights of the South to their property in slaves; and it may also +be observed, judging from present indications, that no probability exists +of the passage of such an act by a majority of both Houses, either in the +present or the next Congress. Surely under these circumstances we ought to +be restrained from present action by the precept of Him who spake as man +never spoke, that "sufficient unto the day is the evil thereof." The day of +evil may never come unless we shall rashly bring it upon ourselves. +</p> + +<p> +It is alleged as one cause for immediate secession that the Southern States +are denied equal rights with the other States in the common Territories. +But by what authority are these denied? Not by Congress, which has never +passed, and I believe never will pass, any act to exclude slavery from +these Territories; and certainly not by the Supreme Court, which has +solemnly decided that slaves are property, and, like all other property, +their owners have a right to take them into the common Territories and hold +them there under the protection of the Constitution. +</p> + +<p> +So far then, as Congress is concerned, the objection is not to anything +they have already done, but to what they may do hereafter. It will surely +be admitted that this apprehension of future danger is no good reason for +an immediate dissolution of the Union. It is true that the Territorial +legislature of Kansas, on the 23d February, 1860, passed in great haste an +act over the veto of the governor declaring that slavery "is and shall be +forever prohibited in this Territory." Such an act, however, plainly +violating the rights of property secured by the Constitution, will surely +be declared void by the judiciary whenever it shall be presented in a legal +form. +</p> + +<p> +Only three days after my inauguration the Supreme Court of the United +States solemnly adjudged that this power did not exist in a Territorial +legislature. Yet such has been the factious temper of the times that the +correctness of this decision has been extensively impugned before the +people, and the question has given rise to angry political conflicts +throughout the country. Those who have appealed from this judgment of our +highest constitutional tribunal to popular assemblies would, if they could, +invest a Territorial legislature with power to annul the sacred rights of +property. This power Congress is expressly forbidden by the Federal +Constitution to exercise. Every State legislature in the Union is forbidden +by its own constitution to exercise it. It can not be exercised in any +State except by the people in their highest sovereign capacity, when +framing or amending their State constitution. In like manner it can only be +exercised by the people of a Territory represented in a convention of +delegates for the purpose of framing a constitution preparatory to +admission as a State into the Union. Then, and not until then, are they +invested with power to decide the question whether slavery shall or shall +not exist within their limits. This is an act of sovereign authority, and +not of subordinate Territorial legislation. Were it otherwise, then indeed +would the equality of the States in the Territories be destroyed, and the +rights of property in slaves would depend not upon the guaranties of the +Constitution, but upon the shifting majorities of an irresponsible +Territorial legislature. Such a doctrine, from its intrinsic unsoundness, +can not long influence any considerable portion of our people, much less +can it afford a good reason for a dissolution of the Union. +</p> + +<p> +The most palpable violations of constitutional duty which have yet been +committed consist in the acts of different State legislatures to defeat the +execution of the fugitive-slave law. It ought to be remembered, however, +that for these acts neither Congress nor any President can justly be held +responsible. Having been passed in violation of the Federal Constitution, +they are therefore null and void. All the courts, both State and national, +before whom the question has arisen have from the beginning declared the +fugitive-slave law to be constitutional. The single exception is that of a +State court in Wisconsin, and this has not only been reversed by the proper +appellate tribunal, but has met with such universal reprobation that there +can be no danger from it as a precedent. The validity of this law has been +established over and over again by the Supreme Court of the United States +with perfect unanimity. It is rounded upon an express provision of the +Constitution, requiring that fugitive slaves who escape from service in one +State to another shall be "delivered up" to their masters. Without this +provision it is a well-known historical fact that the Constitution itself +could never have been adopted by the Convention. In one form or other, +under the acts of 1793 and 1850, both being substantially the same, the +fugitive-slave law has been the law of the land from the days of Washington +until the present moment. Here, then, a clear case is presented in which it +will be the duty of the next President, as it has been my own, to act with +vigor in executing this supreme law against the conflicting enactments of +State legislatures. Should he fail in the performance of this high duty, he +will then have manifested a disregard of the Constitution and laws, to the +great injury of the people of nearly one-half of the States of the Union. +But are we to presume in advance that he will thus violate his duty? This +would be at war with every principle of justice and of Christian charity. +Let us wait for the overt act. The fugitive-slave law has been carried into +execution in every contested case since the commencement of the present +Administration, though Often, it is to be regretted, with great loss and +inconvenience to the master and with considerable expense to the +Government. Let us trust that the State legislatures will repeal their +unconstitutional and obnoxious enactments. Unless this shall be done +without unnecessary delay, it is impossible for any human power to save the +Union. +</p> + +<p> +The Southern States, standing on the basis of the Constitution, have right +to demand this act of justice from the States of the North. Should it be +refused, then the Constitution, to which all the States are parties, will +have been willfully violated by one portion of them in a provision +essential to the domestic security and happiness of the remainder. In that +event the injured States, after having first used all peaceful and +constitutional means to obtain redress, would be justified in revolutionary +resistance to the Government of the Union. +</p> + +<p> +I have purposely confined my remarks to revolutionary resistance, because +it has been claimed within the last few years that any State, whenever this +shall be its sovereign will and pleasure, may secede from the Union in +accordance with the Constitution and without any violation of the +constitutional rights of the other members of the Confederacy; that as each +became parties to the Union by the vote of its own people assembled in +convention, so any one of them may retire from the Union in a similar +manner by the vote of such a convention. +</p> + +<p> +In order to justify secession as a constitutional remedy, it must be on the +principle that the Federal Government is a mere voluntary association of +States, to be dissolved at pleasure by any one of the contracting parties. +If this be so, the Confederacy is a rope of sand, to be penetrated and +dissolved by the first adverse wave of public opinion in any of the States. +In this manner our thirty-three States may resolve themselves into as many +petty, jarring, and hostile republics, each one retiring from the Union +without responsibility whenever any sudden excitement might impel them to +such a course. By this process a Union might be entirely broken into +fragments in a few weeks which cost our forefathers many years of toil, +privation, and blood to establish. +</p> + +<p> +Such a principle is wholly inconsistent with the history as well as the +character of the Federal Constitution. After it was framed with the +greatest deliberation and care it was submitted to conventions of the +people of the several States for ratification. Its provisions were +discussed at length in these bodies, composed of the first men of the +country. Its opponents contended that it conferred powers upon the Federal +Government dangerous to the rights of the States, whilst its advocates +maintained that under a fair construction of the instrument there was no +foundation for such apprehensions. In that mighty struggle between the +first intellects of this or any other country it never occurred to any +individual, either among its opponents or advocates, to assert or even to +intimate that their efforts were all vain labor, because the moment that +any State felt herself aggrieved she might secede from the Union. What a +crushing argument would this have proved against those who dreaded that the +rights of the States would be endangered by the Constitution! The truth is +that it was not until many years after the origin of the Federal Government +that such a proposition was first advanced. It was then met and refuted by +the conclusive arguments of General Jackson, who in his message of the 16th +of January, 1833, transmitting the nullifying ordinance of South Carolina +to Congress, employs the following language: +</p> + +<p> +The right of the people of a single State to absolve themselves at will and +without the consent of the other States from their most solemn obligations, +and hazard the liberties and happiness of the millions composing this +Union, can not be acknowledged. Such authority is believed to be utterly +repugnant both to the principles upon which the General Government is +constituted and to the objects which it is expressly formed to attain. +</p> + +<p> +It is not pretended that any clause in the Constitution gives countenance +to such a theory. It is altogether rounded upon inference; not from any +language contained in the instrument itself, but from the sovereign +character of the several States by which it was ratified. But is it beyond +the power of a State, like an individual, to yield a portion of its +sovereign rights to secure the remainder? In the language of Mr. Madison, +who has been called the father of the Constitution-- +</p> + +<p> +It was formed by the States; that is, by the people in each of the States +acting in their highest sovereign capacity, and formed, consequently, by +the same authority which formed the State constitutions. Nor is the +Government of the United States, created by the Constitution, less a +government, in the strict sense of the term, within the sphere of its +powers than the governments created by the constitutions of the States are +within their several spheres. It is, like them, organized into legislative, +executive, and judiciary departments. It operates, like them directly on +persons and things, and, like them, it has at command a physical force for +executing the powers committed to it. +</p> + +<p> +It was intended to be perpetual, and not to be annulled at the pleasure of +any one of the contracting parties. The old Articles of Confederation were +entitled "Articles of Confederation and Perpetual Union between the +States," and by the thirteenth article it is expressly declared that "the +articles of this Confederation shall be inviolably observed by every State, +and the Union shall be perpetual." The preamble to the Constitution of the +United States, having express reference to the Articles of Confederation, +recites that it was established "in order to form a more perfect union." +And yet it is contended that this "more perfect union" does not include the +essential attribute of perpetuity. +</p> + +<p> +But that the Union was designed to be perpetual appears conclusively from +the nature and extent of the powers conferred by the Constitution on the +Federal Government. These powers embrace the very highest attributes of +national sovereignty. They place both the sword and the purse under its +control. Congress has power to make war and to make peace, to raise and +support armies and navies, and to conclude treaties with foreign +governments. It is invested with the power to coin money and to regulate +the value thereof, and to regulate commerce with foreign nations and among +the several States. It is not necessary to enumerate the other high powers +which have been conferred upon the Federal Government. In order to carry +the enumerated powers into effect, Congress possesses the exclusive right +to lay and collect duties on imports, and, in common with the States, to +lay and collect all other taxes. +</p> + +<p> +But the Constitution has not only conferred these high powers upon +Congress, but it has adopted effectual means to restrain the States from +interfering with their exercise. For that purpose it has in strong +prohibitory language expressly declared that-- +</p> + +<p> +No State shall enter into any treaty, alliance, or confederation; grant +letters of marque and reprisal; coin money; emit bills of credit; make +anything but gold and silver coin a tender in payment of debts; pass any +bill of attainder, ex post facto law, or law impairing the obligation of +contracts. Moreover-- +</p> + +<p> +No State shall without the consent of the Congress lay any imposts or +duties on imports or exports, except what may be absolutely necessary for +executing its inspection laws. +</p> + +<p> +And if they exceed this amount the excess shall belong, to the United +States. And-- +</p> + +<p> +No State shall without the consent of Congress lay any duty of tonnage, +keep troops or ships of war in time of peace, enter into any agreement or +compact with another State or with a foreign power, or engage in war, +unless actually invaded or in such imminent danger as will not admit of +delay. +</p> + +<p> +In order still further to secure the uninterrupted exercise of these high +powers against State interposition, it is provided that-- +</p> + +<p> +This Constitution and the laws of the United States which shall be made in +pursuance thereof, and all treaties made or which shall be made under the +authority of the United States, shall be the supreme law of the land, and +the judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding. +</p> + +<p> +The solemn sanction of religion has been superadded to the obligations of +official duty, and all Senators and Representatives of the United States, +all members of State legislatures, and all executive and judicial officers, +"both of the United States and of the several States, shall be bound by +oath or affirmation to support this Constitution." +</p> + +<p> +In order to carry into effect these powers, the Constitution has +established a perfect Government in all its forms--legislative, executive, +and judicial; and this Government to the extent of its powers acts directly +upon the individual citizens of every State, and executes its own decrees +by the agency of its own officers. In this respect it differs entirely from +the Government under the old Confederation, which was confined to making +requisitions on the States in their sovereign character. This left it in +the discretion of each whether to obey or to refuse, and they often +declined to comply with such requisitions. It thus became necessary for the +purpose of removing this barrier and "in order to form a more perfect +union" to establish a Government which could act directly upon the people +and execute its own laws without the intermediate agency of the States. +This has been accomplished by the Constitution of the United States. In +short, the Government created by the Constitution, and deriving its +authority from the sovereign people of each of the several States, has +precisely the same right to exercise its power over the people of all these +States in the enumerated cases that each one of them possesses over +subjects not delegated to the United States, but "reserved to the States +respectively or to the people." +</p> + +<p> +To the extent of the delegated powers the Constitution of the United States +is as much a part of the constitution of each State and is as binding upon +its people as though it had been textually inserted therein. +</p> + +<p> +This Government, therefore, is a great and powerful Government, invested +with all the attributes of sovereignty over the special subjects to which +its authority extends. Its framers never intended to implant in its bosom +the seeds of its own destruction, nor were they at its creation guilty of +the absurdity of providing for its own dissolution. It was not intended by +its framers to be the baseless fabric of a vision, which at the touch of +the enchanter would vanish into thin air, but a substantial and mighty +fabric, capable of resisting the slow decay of time and of defying the +storms of ages. Indeed, well may the jealous patriots of that day have +indulged fears that a Government of such high powers might violate the +reserved rights of the States, and wisely did they adopt the rule of a +strict construction of these powers to prevent the danger. But they did not +fear, nor had they any reason to imagine, that the Constitution would ever +be so interpreted as to enable any State by her own act, and without the +consent of her sister States, to discharge her people from all or any of +their federal obligations. +</p> + +<p> +It may be asked, then, Are the people of the States without redress against +the tyranny and oppression of the Federal Government? By no means. The +right of resistance on the part of the governed against the oppression of +their governments can not be denied. It exists independently of all +constitutions, and has been exercised at all periods of the world's +history. Under it old governments have been destroyed and new ones have +taken their place. It is embodied in strong and express language in our own +Declaration of Independence. But the distinction must ever be observed that +this is revolution against an established government, and not a voluntary +secession from it by virtue of an inherent constitutional right. In short, +let us look the danger fairly in the face. Secession is neither more nor +less than revolution. It may or it may not be a justifiable revolution, but +still it is revolution. +</p> + +<p> +What, in the meantime, is the responsibility and true position of the +Executive? He is bound by solemn oath, before God and the country, "to take +care that the laws be faithfully executed," and from this obligation he can +not be absolved by any human power. But what if the performance of this +duty, in whole or in part, has been rendered impracticable by events over +which he could have exercised no control? Such at the present moment is the +case throughout the State of South Carolina so far as the laws of the +United States to secure the administration of justice by means of the +Federal judiciary are concerned. All the Federal officers within its limits +through whose agency alone these laws can be carried into execution have +already resigned. We no longer have a district judge, a district attorney, +or a marshal in South Carolina. In fact, the whole machinery of the Federal +Government necessary for the distribution of remedial justice among the +people has been demolished, and it would be difficult, if not impossible, +to replace it. +</p> + +<p> +The only acts of Congress on the statute book bearing upon this subject are +those of February 28, 1795, and March 3, 1807. These authorize the +President, after he shall have ascertained that the marshal, with his posse +comitatus, is unable to execute civil or criminal process in any particular +case, to call forth the militia and employ the Army and Navy to aid him in +performing this service, having first by proclamation commanded the +insurgents "to disperse and retire peaceably to their respective abodes +within a limited time" This duty can not by possibility be performed in a +State where no judicial authority exists to issue process, and where there +is no marshal to execute it, and where, even if there were such an officer, +the entire population would constitute one solid combination to resist +him. +</p> + +<p> +The bare enumeration of these provisions proves how inadequate they are +without further legislation to overcome a united opposition in a single +State, not to speak of other States who may place themselves in a similar +attitude. Congress alone has power to decide whether the present laws can +or can not be amended so as to carry out more effectually the objects of +the Constitution. +</p> + +<p> +The same insuperable obstacles do not lie in the way of executing the laws +for the collection of the customs. The revenue still continues to be +collected as heretofore at the custom-house in Charleston, and should the +collector unfortunately resign a successor may be appointed to perform this +duty. +</p> + +<p> +Then, in regard to the property of the United States in South Carolina. +This has been purchased for a fair equivalent, "by the consent of the +legislature of the State," "for the erection of forts, magazines, +arsenals," etc., and over these the authority "to exercise exclusive +legislation" has been expressly granted by the Constitution to Congress. It +is not believed that any attempt will be made to expel the United States +from this property by force; but if in this I should prove to be mistaken, +the officer in command of the forts has received orders to act strictly on +the defensive. In such a contingency the responsibility for consequences +would rightfully rest upon the heads of the assailants. +</p> + +<p> +Apart from the execution of the laws, so far as this may be practicable, +the Executive has no authority to decide what shall be the relations +between the Federal Government and South Carolina. He has been invested +with no such discretion. He possesses no power to change the relations +heretofore existing between them, much less to acknowledge the independence +of that State. This would be to invest a mere executive officer with the +power of recognizing the dissolution of the confederacy among our +thirty-three sovereign States. It bears no resemblance to the recognition +of a foreign de facto government, involving no such responsibility. Any +attempt to do this would, on his part, be a naked act of usurpation. It is +therefore my duty to submit to Congress the whole question in all its +beatings. The course of events is so rapidly hastening forward that the +emergency may soon arise when you may be called upon to decide the +momentous question whether you possess the power by force of arms to compel +a State to remain in the Union. I should feel myself recreant to my duty +were I not to express an opinion on this important subject. +</p> + +<p> +The question fairly stated is, Has the Constitution delegated to Congress +the power to coerce a State into submission which is attempting to withdraw +or has actually withdrawn from the Confederacy? If answered in the +affirmative, it must be on the principle that the power has been conferred +upon Congress to declare and to make war against a State. After much +serious reflection I have arrived at the conclusion that no such power has +been delegated to Congress or to any other department of the Federal +Government. It is manifest upon an inspection of the Constitution that this +is not among the specific and enumerated powers granted to Congress, and it +is equally apparent that its exercise is not "necessary and proper for +carrying into execution" any one of these powers. So far from this power +having been delegated to Congress, it was expressly refused by the +Convention which framed the Constitution. +</p> + +<p> +It appears from the proceedings of that body that on the 31st May, 1787, +the clause "authorizing an exertion of the force of the whole against a +delinquent State" came up for consideration. Mr. Madison opposed it in a +brief but powerful speech, from which I shall extract but a single +sentence. He observed: +</p> + +<p> +The use of force against a State would look more like a declaration of war +than an infliction of punishment, and would probably be considered by the +party attacked as a dissolution of all previous compacts by which it might +be bound. +</p> + +<p> +Upon his motion the clause was unanimously postponed, and was never, I +believe, again presented. Soon afterwards, on the 8th June, 1787, when +incidentally adverting to the subject, he said: "Any government for the +United States formed on the supposed practicability of using force against +the unconstitutional proceedings of the States would prove as visionary and +fallacious as the government of Congress," evidently meaning the then +existing Congress of the old Confederation. +</p> + +<p> +Without descending to particulars, it may be safely asserted that the power +to make war against a State is at variance with the whole spirit and intent +of the Constitution. Suppose such a war should result in the conquest of a +State; how are we to govern it afterwards? Shall we hold it as a province +and govern it by despotic power? In the nature of things, we could not by +physical force control the will of the people and compel them to elect +Senators and Representatives to Congress and to perform all the other +duties depending upon their own volition and required from the free +citizens of a free State as a constituent member of the Confederacy. +</p> + +<p> +But if we possessed this power, would it be wise to exercise it under +existing circumstances? The object would doubtless be to preserve the +Union. War would not only present the most effectual means of destroying +it, but would vanish all hope of its peaceable reconstruction. Besides, in +the fraternal conflict a vast amount of blood and treasure would be +expended, rendering future reconciliation between the States impossible. In +the meantime, who can foretell what would be the sufferings and privations +of the people during its existence? +</p> + +<p> +The fact is that our Union rests upon public opinion, and can never be +cemented by the blood of its citizens shed in civil war. If it can not live +in the affections of the people, it must one day perish. Congress possesses +many means of preserving it by conciliation, but the sword was not placed +in their hand to preserve it by force. +</p> + +<p> +But may I be permitted solemnly to invoke my countrymen to pause and +deliberate before they determine to destroy this the grandest temple which +has ever been dedicated to human freedom since the world began? It has been +consecrated by the blood of our fathers, by the glories of the past, and by +the hopes of the future. The Union has already made us the most prosperous, +and ere long will, if preserved, render us the most powerful, nation on the +face of the earth. In every foreign region of the globe the title of +American citizen is held in the highest respect, and when pronounced in a +foreign land it causes the hearts of our countrymen to swell with honest +pride. Surely when we reach the brink of the yawning abyss we shall recoil +with horror from the last fatal plunge. +</p> + +<p> +By such a dread catastrophe the hopes of the friends of freedom throughout +the world would be destroyed, and a long night of leaden despotism would +enshroud the nations. Our example for more than eighty years would not only +be lost, but it would be quoted as a conclusive proof that man is unfit for +self-government. +</p> + +<p> +It is not every wrong--nay, it is not every grievous wrong--which can +justify a resort to such a fearful alternative. This ought to be the last +desperate remedy of a despairing people, after every other constitutional +means of conciliation had been exhausted. We should reflect that under this +free Government there is an incessant ebb and flow in public opinion. The +slavery question, like everything human, will have its day. I firmly +believe that it has reached and passed the culminating point. But if in the +midst of the existing excitement the Union shall perish, the evil may then +become irreparable. +</p> + +<p> +Congress can contribute much to avert it by proposing and recommending to +the legislatures of the several States the remedy for existing evils which +the Constitution has itself provided for its own preservation. This has +been tried at different critical periods of our history, and always with +eminent success. It is to be found in the fifth article, providing for its +own amendment. Under this article amendments have been proposed by +two-thirds of both Houses of Congress, and have been "ratified by the +legislatures of three-fourths of the several States," and have consequently +become parts of the Constitution. To this process the country is indebted +for the clause prohibiting Congress from passing any law respecting an +establishment of religion or abridging the freedom of speech or of the +press or of the right of petition. To this we are also indebted for the +bill of rights which secures the people against any abuse of power by the +Federal Government. Such were the apprehensions justly entertained by the +friends of State rights at that period as to have rendered it extremely +doubtful whether the Constitution could have long survived without those +amendments. +</p> + +<p> +Again the Constitution was amended by the same process, after the election +of President Jefferson by the House of Representatives, in February, 1803. +This amendment was rendered necessary to prevent a recurrence of the +dangers which had seriously threatened the existence of the Government +during the pendency of that election. The article for its own amendment was +intended to secure the amicable adjustment of conflicting constitutional +questions like the present which might arise between the governments of the +States and that of the United States. This appears from contemporaneous +history. In this connection I shall merely call attention to a few +sentences in Mr. Madison's justly celebrated report, in 1799, to the +legislature of Virginia. In this he ably and conclusively defended the +resolutions of the preceding legislature against the strictures of several +other State legislatures. These were mainly rounded upon the protest of the +Virginia legislature against the "alien and sedition acts," as "palpable +and alarming infractions of the Constitution." In pointing out the peaceful +and constitutional remedies--and he referred to none other--to which the +States were authorized to resort on such occasions, he concludes by saying +that-- +</p> + +<p> +The legislatures of the States might have made a direct representation to +Congress with a view to obtain a rescinding of the two offensive acts, or +they might have represented to their respective Senators in Congress their +wish that two-thirds thereof would propose an explanatory amendment to the +Constitution; or two-thirds of themselves, if such had been their option, +might by an application to Congress have obtained a convention for the same +object. +</p> + +<p> +This is the very course which I earnestly recommend in order to obtain an +"explanatory amendment" of the Constitution on the subject of slavery. This +might originate with Congress or the State legislatures, as may be deemed +most advisable to attain the object. The explanatory amendment might be +confined to the final settlement of the true construction of the +Constitution on three special points: +</p> + +<p> +1. An express recognition of the right of property in slaves in the States +where it now exists or may hereafter exist. +</p> + +<p> +2. The duty of protecting this right in all the common Territories +throughout their Territorial existence, and until they shall be admitted as +States into the Union, with or without slavery, as their constitutions may +prescribe. +</p> + +<p> +3. A like recognition of the right of the master to have his slave who has +escaped from one State to another restored and "delivered up" to him, and +of the validity of the fugitive-slave law enacted for this purpose, +together with a declaration that all State laws impairing or defeating this +right are violations of the Constitution, and are consequently null and +void. It may be objected that this construction of the Constitution has +already been settled by the Supreme Court of the United States, and what +more ought to be required? The answer is that a very large proportion of +the people of the United States still contest the correctness of this +decision, and never will cease from agitation and admit its binding force +until clearly established by the people of the several States in their +sovereign character. Such an explanatory amendment would, it is believed, +forever terminate the existing dissensions, and restore peace and harmony +among the States. +</p> + +<p> +It ought not to be doubted that such an appeal to the arbitrament +established by the Constitution itself would be received with favor by all +the States of the Confederacy. In any event, it ought to be tried in a +spirit of conciliation before any of these States shall separate themselves +from the Union. +</p> + +<p> +When I entered upon the duties of the Presidential office, the aspect +neither of our foreign nor domestic affairs was at all satisfactory. We +were involved in dangerous complications with several nations, and two of +our Territories were in a state of revolution against the Government. A +restoration of the African slave trade had numerous and powerful advocates. +Unlawful military expeditions were countenanced by many of our citizens, +and were suffered, in defiance of the efforts of the Government, to escape +from our shores for the purpose of making war upon the offending people of +neighboring republics with whom we were at peace. In addition to these and +other difficulties, we experienced a revulsion in monetary affairs soon +after my advent to power of unexampled severity and of ruinous consequences +to all the great interests of the country. When we take a retrospect of +what was then our condition and contrast this with its material prosperity +at the time of the late Presidential election, we have abundant reason to +return our grateful thanks to that merciful Providence which has never +forsaken us as a nation in all our past trials. +</p> + +<p> +Our relations with Great Britain are of the most friendly character. Since +the commencement of my Administration the two dangerous questions arising +from the Clayton and Bulwer treaty and from the right of search claimed by +the British Government have been amicably and honorably adjusted. +</p> + +<p> +The discordant constructions of the Clayton and Bulwer treaty between the +two Governments, which at different periods of the discussion bore a +threatening aspect, have resulted in a final settlement entirely +satisfactory to this Government. In my last annual message I informed +Congress that the British Government had not then "completed treaty +arrangements with the Republics of Honduras and Nicaragua in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished." +This confident expectation has since been fulfilled. Her Britannic Majesty +concluded a treaty with Honduras on the 28th November, 1859, and with +Nicaragua on the 28th August, 1860, relinquishing the Mosquito +protectorate. Besides, by the former the Bay Islands are recognized as a +part of the Republic of Honduras. It may be observed that the stipulations +of these treaties conform in every important particular to the amendments +adopted by the Senate of the United States to the treaty concluded at +London on the 17th October, 1856, between the two Governments. It will be +recollected that this treaty was rejected by the British Government because +of its objection to the just and important amendment of the Senate to the +article relating to Ruatan and the other islands in the Bay of Honduras. +</p> + +<p> +It must be a source of sincere satisfaction to all classes of our +fellow-citizens, and especially to those engaged in foreign commerce, that +the claim on the part of Great Britain forcibly to visit and search +American merchant vessels on the high seas in time of peace has been +abandoned. This was by far the most dangerous question to the peace of the +two countries which has existed since the War of 1812. Whilst it remained +open they might at any moment have been precipitated into a war. This was +rendered manifest by the exasperated state of public feeling throughout our +entire country produced by the forcible search of American merchant vessels +by British cruisers on the coast of Cuba in the spring of 1858. The +American people hailed with general acclaim the orders of the Secretary of +the Navy to our naval force in the Gulf of Mexico "to protect all vessels +of the United States on the high seas from search or detention by the +vessels of war of any other nation." These orders might have produced an +immediate collision between the naval forces of the two countries. This was +most fortunately prevented by an appeal to the justice of Great Britain and +to the law of nations as expounded by her own most eminent jurists. +</p> + +<p> +The only question of any importance which still remains open is the +disputed title between the two Governments to the island of San Juan, in +the vicinity of Washington Territory. As this question is still under +negotiation, it is not deemed advisable at the present moment to make any +other allusion to the subject. +</p> + +<p> +The recent visit of the Prince of Wales, in a private character, to the +people of this country has proved to be a most auspicious event. In its +consequences it can not fail to increase the kindred and kindly feelings +which I trust may ever actuate the Government and people of both countries +in their political and social intercourse with each other. +</p> + +<p> +With France, our ancient and powerful ally, our relations continue to be of +the most friendly character. A decision has recently been made by a French +judicial tribunal, with the approbation of the Imperial Government, which +can not fail to foster the sentiments of mutual regard that have so long +existed between the two countries. Under the French law no person can serve +in the armies of France unless he be a French citizen. The law of France +recognizing the natural right of expatriation, it follows as a necessary +consequence that a Frenchman by the fact of having become a citizen of the +United States has changed his allegiance and has lost his native character. +He can not therefore be compelled to serve in the French armies in case he +should return to his native country. These principles were announced in +1852 by the French minister of war and in two late cases have been +confirmed by the French judiciary. In these, two natives of France have +been discharged from the French army because they had become American +citizens. To employ the language of our present minister to France, who has +rendered good service on this occasion. "I do not think our French +naturalized fellow-citizens will hereafter experience much annoyance on +this subject." +</p> + +<p> +I venture to predict that the time is not far distant when the other +continental powers will adopt the same wise and just policy which has done +so much honor to the enlightened Government of the Emperor. In any event, +our Government is bound to protect the rights of our naturalized citizens +everywhere to the same extent as though they had drawn their first breath +in this country. We can recognize no distinction between our native and +naturalized citizens. +</p> + +<p> +Between the great Empire of Russia and the United States the mutual +friendship and regard which has so long existed still continues to prevail, +and if possible to increase. Indeed, our relations with that Empire are all +that we could desire. Our relations with Spain are now of a more +complicated, though less dangerous, character than they have been for many +years. Our citizens have long held and continue to hold numerous claims +against the Spanish Government. These had been ably urged for a series of +years by our successive diplomatic representatives at Madrid, but without +obtaining redress. The Spanish Government finally agreed to institute a +joint commission for the adjustment of these claims, and on the 5th day of +March, 1860, concluded a convention for this purpose with our present +minister at Madrid. +</p> + +<p> +Under this convention what have been denominated the "Cuban claims," +amounting to $128,635.54, in which more than 100 of our fellow-citizens are +interested, were recognized, and the Spanish Government agreed to pay +$100,000 of this amount "within three months following the exchange of +ratifications." The payment of the remaining $28,635.54 was to await the +decision of the commissioners for or against the Amistad claim; but in any +event the balance was to be paid to the claimants either by Spain or the +United States. These terms, I have every reason to know, are highly +satisfactory to the holders of the Cuban claims. Indeed, they have made a +formal offer authorizing the State Department to settle these claims and to +deduct the amount of the Amistad claim from the sums which they are +entitled to receive from Spain. This offer, of course, can not be accepted. +All other claims of citizens of the United States against Spain, or the +subjects of the Queen of Spain against the United States, including the +Amistad claim, were by this convention referred to a board of commissioners +in the usual form. Neither the validity of the Amistad claim nor of any +other claim against either party, with the single exception of the Cuban +claims, was recognized by the convention. Indeed, the Spanish Government +did not insist that the validity of the Amistad claim should be thus +recognized, notwithstanding its payment had been recommended to Congress by +two of my predecessors, as well as by myself, and an appropriation for that +purpose had passed the Senate of the United States. +</p> + +<p> +They were content that it should be submitted to the board for examination +and decision like the other claims. Both Governments were bound +respectively to pay the amounts awarded to the several claimants "at such +times and places as may be fixed by and according to the tenor of said +awards." +</p> + +<p> +I transmitted this convention to the Senate for their constitutional action +on the 3d of May, 1860, and on the 27th of the succeeding June they +determined that they would "not advise and consent" to its ratification. +</p> + +<p> +These proceedings place our relations with Spain in an awkward and +embarrassing position. It is more than probable that the final adjustment +of these claims will devolve upon my successor. +</p> + +<p> +I reiterate the recommendation contained in my annual message of December, +1858, and repeated in that of December, 1859, in favor of the acquisition +of Cuba from Spain by fair purchase. I firmly believe that such an +acquisition would contribute essentially to the well-being and prosperity +of both countries in all future time, as well as prove the certain means of +immediately abolishing the African slave trade throughout the world. I +would not repeat this recommendation upon the present occasion if I +believed that the transfer of Cuba to the United States upon conditions +highly favorable to Spain could justly tarnish the national honor of the +proud and ancient Spanish monarchy. Surely no person ever attributed to the +first Napoleon a disregard of the national honor of France for transferring +Louisiana to the United States for a fair equivalent, both in money and +commercial advantages. +</p> + +<p> +With the Emperor of Austria and the remaining continental powers of Europe, +including that of the Sultan, our relations continue to be of the most +friendly character. +</p> + +<p> +The friendly and peaceful policy pursued by the Government of the United +States toward the Empire of China has produced the most satisfactory +results. The treaty of Tien-tsin of the 18th June, 1858, has been +faithfully observed by the Chinese authorities. The convention of the 8th +November, 1858, supplementary to this treaty, for the adjustment and +satisfaction of the claims of our citizens on China referred to in my last +annual message, has been already carried into effect so far as this was +practicable. Under this convention the sum of 500,000 taels, equal to about +$700,000, was stipulated to be paid in satisfaction of the claims of +American citizens out of the one-fifth of the receipts for tonnage, import, +and export duties on American vessels at the ports of Canton, Shanghai, and +Fuchau, and it was "agreed that this amount shall be in full liquidation of +all claims of American citizens at the various ports to this date." +Debentures for this amount, to wit, 300,000 taels for Canton, 100,000 for +Shanghai, and 100,000 for Fuchau, were delivered, according to the terms of +the convention, by the respective Chinese collectors of the customs of +these ports to the agent selected by our minister to receive the same. +Since that time the claims of our citizens have been adjusted by the board +of commissioners appointed for that purpose under the act of March 3, 1859, +and their awards, which proved satisfactory to the claimants, have been +approved by our minister. In the aggregate they amount to the sum of +$498,694.78. The claimants have already received a large proportion of the +sums awarded to them out of the fund provided, and it is confidently +expected that the remainder will ere long be entirely paid. After the +awards shall have been satisfied there will remain a surplus of more than +$200,000 at the disposition of Congress. As this will, in equity, belong to +the Chinese Government, would not justice require its appropriation to some +benevolent object in which the Chinese may be specially interested? +</p> + +<p> +Our minister to China, in obedience to his instructions, has remained +perfectly neutral in the war between Great Britain and France and the +Chinese Empire, although, in conjunction with the Russian minister, he was +ever ready and willing, had the opportunity offered, to employ his good +offices in restoring peace between the parties. It is but an act of simple +justice, both to our present minister and his predecessor, to state that +they have proved fully equal to the delicate, trying, and responsible +positions in which they have on different occasions been placed. +</p> + +<p> +The ratifications of the treaty with Japan concluded at Yeddo on the 29th +July, 1858, were exchanged at Washington on the 22d May last, and the +treaty itself was proclaimed on the succeeding day. There is good reason to +expect that under its protection and influence our trade and intercourse +with that distant and interesting people will rapidly increase. +</p> + +<p> +The ratifications of the treaty were exchanged with unusual solemnity. For +this purpose the Tycoon had accredited three of his most distinguished +subjects as envoys extraordinary and ministers plenipotentiary, who were +received and treated with marked distinction and kindness, both by the +Government and people of the United States. There is every reason to +believe that they have returned to their native land entirely satisfied +with their visit and inspired by the most friendly feelings for our +country. Let us ardently hope, in the language of the treaty itself, that +"there shall henceforward be perpetual peace and friendship between the +United States of America and His Majesty the Tycoon of Japan and his +successors." +</p> + +<p> +With the wise, conservative, and liberal Government of the Empire of Brazil +our relations continue to be of the most amicable character. +</p> + +<p> +The exchange of the ratifications of the convention with the Republic of +New Granada signed at Washington on the 10th of September, 1857, has been +long delayed from accidental causes for which neither party is censurable. +These ratifications were duly exchanged in this city on the 5th of November +last. Thus has a controversy been amicably terminated which had become so +serious at the period of my inauguration as to require me, on the 17th of +April, 1857, to direct our minister to demand his passports and return to +the United States. +</p> + +<p> +Under this convention the Government of New Granada has specially +acknowledged itself to be responsible to our citizens "for damages which +were caused by the riot at Panama on the 15th April, 1856." These claims, +together with other claims of our citizens which had been long urged in +vain, are referred for adjustment to a board of commissioners. I submit a +copy of the convention to Congress, and recommend the legislation necessary +to carry it into effect. +</p> + +<p> +Persevering efforts have been made for the adjustment of the claims of +American citizens against the Government of Costa Rica, and I am happy to +inform you that these have finally prevailed. A convention was signed at +the city of San Jose on the 2d July last, between the minister resident of +the United States in Costa Rica and the plenipotentiaries of that Republic, +referring these claims to a board of commissioners and providing for the +payment of their awards. This convention will be submitted immediately to +the Senate for their constitutional action. +</p> + +<p> +The claims of our citizens upon the Republic of Nicaragua have not yet been +provided for by treaty, although diligent efforts for this purpose have +been made by our minister resident to that Republic. These are still +continued, with a fair prospect of success. +</p> + +<p> +Our relations with Mexico remain in a most unsatisfactory condition. In my +last two annual messages I discussed extensively the subject of these +relations, and do not now propose to repeat at length the facts and +arguments then presented. They proved conclusively that our citizens +residing in Mexico and our merchants trading thereto had suffered a series +of wrongs and outrages such as we have never patiently borne from any other +nation. For these our successive ministers, invoking the faith of treaties, +had in the name of their country persistently demanded redress and +indemnification, but without the slightest effect. Indeed, so confident had +the Mexican authorities become of our patient endurance that they +universally believed they might commit these outrages upon American +citizens with absolute impunity. Thus wrote our minister in 1856, and +expressed the opinion that "nothing but a manifestation of the power of the +Government and of its purpose to punish these wrongs will avail." +</p> + +<p> +Afterwards, in 1857, came the adoption of a new constitution for Mexico, +the election of a President and Congress under its provisions, and the +inauguration of the President. Within one short month, however, this +President was expelled from the capital by a rebellion in the army, and the +supreme power of the Republic was assigned to General Zuloaga. This usurper +was in his turn soon compelled to retire and give place to General +Miramon. +</p> + +<p> +Under the constitution which had thus been adopted Senor Juarez, as chief +justice of the supreme court, became the lawful President of the Republic, +and it was for the maintenance of the constitution and his authority +derived from it that the civil war commenced and still continues to be +prosecuted. +</p> + +<p> +Throughout the year 1858 the constitutional party grew stronger and +stronger. In the previous history of Mexico a successful military +revolution at the capital had almost universally been the signal for +submission throughout the Republic. Not so on the present occasion. A +majority of the citizens persistently sustained the constitutional +Government. When this was recognized, in April, 1859, by the Government of +the United States, its authority extended over a large majority of the +Mexican States and people, including Vera Cruz and all the other important +seaports of the Republic. From that period our commerce with Mexico began +to revive, and the constitutional Government has afforded it all the +protection in its power. +</p> + +<p> +Meanwhile the Government of Miramon still held sway at the capital and over +the surrounding country, and continued its outrages against the few +American citizens who still had the courage to remain within its power. To +cap the climax, after the battle of Tacubaya, in April, 1859, General +Marquez ordered three citizens of the United States, two of them +physicians, to be seized in the hospital at that place, taken out and shot, +without crime and without trial. This was done, notwithstanding our +unfortunate countrymen were at the moment engaged in the holy cause of +affording relief to the soldiers of both parties who had been wounded in +the battle, without making any distinction between them. +</p> + +<p> +The time had arrived, in my opinion, when this Government was bound to +exert its power to avenge and redress the wrongs of our citizens and to +afford them protection in Mexico. The interposing obstacle was that the +portion of the country under the sway of Miramon could not be reached +without passing over territory under the jurisdiction of the constitutional +Government. Under these circumstances I deemed it my duty to recommend to +Congress in my last annual message the employment of a sufficient military +force to penetrate into the interior, where the Government of Miramon was +to be found, with or, if need be, without the consent of the Juarez +Government, though it was not doubted that this consent could be obtained. +Never have I had a clearer conviction on any subject than of the justice as +well as wisdom of such a policy. No other alternative was left except the +entire abandonment of our fellow-citizens who had gone to Mexico under the +faith of treaties to the systematic injustice, cruelty, and oppression of +Miramon's Government. Besides, it is almost certain that the simple +authority to employ this force would of itself have accomplished all our +objects without striking a single blow. The constitutional Government would +then ere this have been established at the City of Mexico, and would have +been ready and willing to the extent of its ability to do us justice. +</p> + +<p> +In addition--and I deem this a most important consideration--European +Governments would have been deprived of all pretext to interfere in the +territorial and domestic concerns of Mexico. We should thus have been +relieved from the obligation of resisting, even by force should this become +necessary, any attempt by these Governments to deprive our neighboring +Republic of portions of her territory--a duty from which we could not +shrink without abandoning the traditional and established policy of the +American people. I am happy to observe that, firmly relying upon the +justice and good faith of these Governments, there is no present danger +that such a contingency will happen. +</p> + +<p> +Having discovered that my recommendations would not be sustained by +Congress, the next alternative was to accomplish in some degree, if +possible, the same objects by treaty stipulations with the constitutional +Government. Such treaties were accordingly concluded by our late able and +excellent minister to Mexico, and on the 4th of January last were submitted +to the Senate for ratification. As these have not yet received the final +action of that body, it would be improper for me to present a detailed +statement of their provisions. Still, I may be permitted to express the +opinion in advance that they are calculated to promote the agricultural, +manufacturing, and commercial interests of the country and to secure our +just influence with an adjoining Republic as to whose fortunes and fate we +can never feel indifferent, whilst at the same time they provide for the +payment of a considerable amount toward the satisfaction of the claims of +our injured fellow-citizens. +</p> + +<p> +At the period of my inauguration I was confronted in Kansas by a +revolutionary government existing under what is called the "Topeka +constitution." Its avowed object was to subdue the Territorial government +by force and to inaugurate what was called the "Topeka government" in its +stead. To accomplish this object an extensive military organization was +formed, and its command intrusted to the most violent revolutionary +leaders. Under these circumstances it became my imperative duty to exert +the whole constitutional power of the Executive to prevent the flames of +civil war from again raging in Kansas, which in the excited state of the +public mind, both North and South, might have extended into the neighboring +States. The hostile parties in Kansas had been inflamed against each other +by emissaries both from the North and the South to a degree of malignity +without parallel in our history. To prevent actual collision and to assist +the civil magistrates in enforcing the laws, a strong detachment of the +Army was stationed in the Territory, ready to aid the marshal and his +deputies when lawfully called upon as a posse comitatus in the execution of +civil and criminal process. Still, the troubles in Kansas could not have +been permanently settled without an election by the people. +</p> + +<p> +The ballot box is the surest arbiter of disputes among freemen. Under this +conviction every proper effort was employed to induce the hostile parties +to vote at the election of delegates to frame a State constitution, and +afterwards at the election to decide whether Kansas should be a slave or +free State. +</p> + +<p> +The insurgent party refused to vote at either, lest this might be +considered a recognition on their part of the Territorial government +established by Congress. A better spirit, however, seemed soon after to +prevail, and the two parties met face to face at the third election, held +on the first Monday of January, 1858, for members of the legislature and +State officers under the Lecompton constitution. The result was the triumph +of the antislavery party at the polls. This decision of the ballot box +proved clearly that this party were in the majority, and removed the danger +of civil war. From that time we have heard little or nothing of the Topeka +government, and all serious danger of revolutionary troubles in Kansas was +then at an end. +</p> + +<p> +The Lecompton constitution, which had been thus recognized at this State +election by the votes of both political parties in Kansas, was transmitted +to me with the request that I should present it to Congress. This I could +not have refused to do without violating my clearest and strongest +convictions of duty. The constitution and all the proceedings which +preceded and followed its formation were fair and regular on their face. I +then believed, and experience has proved, that the interests of the people +of Kansas would have been best consulted by its admission as a State into +the Union, especially as the majority within a brief period could have +amended the constitution according to their will and pleasure. If fraud +existed in all or any of these proceedings, it was not for the President +but for Congress to investigate and determine the question of fraud and +what ought to be its consequences. If at the first two elections the +majority refused to vote, it can not be pretended that this refusal to +exercise the elective franchise could invalidate an election fairly held +under lawful authority, even if they had not subsequently voted at the +third election. It is true that the whole constitution had not been +submitted to the people, as I always desired; but the precedents are +numerous of the admission of States into the Union without such submission. +It would not comport with my present purpose to review the proceedings of +Congress upon the Lecompton constitution. It is sufficient to observe that +their final action has removed the last vestige of serious revolutionary +troubles. The desperate hand recently assembled under a notorious outlaw in +the southern portion of the Territory to resist the execution of the laws +and to plunder peaceful citizens will, I doubt not be speedily subdued and +brought to justice. +</p> + +<p> +Had I treated the Lecompton constitution as a nullity and refused to +transmit it to Congress, it is not difficult to imagine, whilst recalling +the position of the country at that moment, what would have been the +disastrous consequences, both in and out of the Territory, from such a +dereliction of duty on the part of the Executive. +</p> + +<p> +Peace has also been restored within the Territory of Utah, which at the +commencement of my Administration was in a state of open rebellion. This +was the more dangerous, as the people, animated by a fanatical spirit and +intrenched within their distant mountain fastnesses, might have made a long +and formidable resistance. Cost what it might, it was necessary to bring +them into subjection to the Constitution and the laws. Sound policy, +therefore, as well as humanity, required that this object should if +possible be accomplished without the effusion of blood. This could only be +effected by sending a military force into the Territory sufficiently strong +to convince the people that resistance would be hopeless, and at the same +time to offer them a pardon for past offenses on condition of immediate +submission to the Government. This policy was pursued with eminent success, +and the only cause for regret is the heavy expenditure required to march a +large detachment of the Army to that remote region and to furnish it +subsistence. +</p> + +<p> +Utah is now comparatively peaceful and quiet, and the military force has +been withdrawn, except that portion of it necessary to keep the Indians in +check and to protect the emigrant trains on their way to our Pacific +possessions. +</p> + +<p> +In my first annual message I promised to employ my best exertions in +cooperation with Congress to reduce the expenditures of the Government +within the limits of a wise and judicious economy. An overflowing Treasury +had produced habits of prodigality and extravagance which could only be +gradually corrected. The work required both time and patience. I applied +myself diligently to this task from the beginning and was aided by the able +and energetic efforts of the heads of the different Executive Departments. +The result of our labors in this good cause did not appear in the sum total +of our expenditures for the first two years, mainly in consequence of the +extraordinary expenditure necessarily incurred in the Utah expedition and +the very large amount of the contingent expenses of Congress during this +period. These greatly exceeded the pay and mileage of the members. For the +year ending June 30, 1858, whilst the pay and mileage amounted to +$1,490,214, the contingent expenses rose to $2,093,309.79; and for the year +ending June 30, 1859, whilst the pay and mileage amounted to $859,093.66, +the contingent expenses amounted to $1,431,565.78. I am happy, however, to +be able to inform you that during the last fiscal year, ending June 30, +1860, the total expenditures of the Government in all its +branches--legislative, executive, and judicial--exclusive of the public +debt, were reduced to the sum of $55,402,465.46. This conclusively appears +from the books of the Treasury. In the year ending June 30, 1858, the total +expenditure, exclusive of the public debt, amounted to $71,901,129.77, and +that for the year ending June 30, 1859, to $66,346,226.13. Whilst the books +of the Treasury show an actual expenditure of $59,848,474.72 for the year +ending June 30, 1860, including $1,040,667.71 for the contingent expenses +of Congress, there must be deducted from this amount the sum of +$4,296,009.26, with the interest upon it of $150,000, appropriated by the +act of February 15, 1860, "for the purpose of supplying the deficiency in +the revenues and defraying the expenses of the Post-Office Department for +the year ending June 30, 1859." This sum therefore justly chargeable to the +year 1859, must be deducted from the sum of $59,848,474.72 in order to +ascertain the expenditure for the year ending June 30, 1860, which leaves a +balance for the expenditures of that year of $55,402,465.46. The interest +on the public debt, including Treasury notes, for the same fiscal year, +ending June 30, 1860, amounted to $3,177,314.62, which, added to the above +sum of $55,402,465.46, makes the aggregate of $58,579,780.08. +</p> + +<p> +It ought in justice to be observed that several of the estimates from the +Departments for the year ending June 30, 1860, were reduced by Congress +below what was and still is deemed compatible with the public interest. +Allowing a liberal margin of $2,500,000 for this reduction and for other +causes, it may be safely asserted that the sum of $61,000,000, or, at the +most, $62,000,000, is amply sufficient to administer the Government and to +pay the interest on the public debt, unless contingent events should +hereafter render extraordinary expenditures necessary. +</p> + +<p> +This result has been attained in a considerable degree by the care +exercised by the appropriate Departments in entering into public contracts. +I have myself never interfered with the award of any such contract, except +in a single case, with the Colonization Society, deeming it advisable to +cast the whole responsibility in each case on the proper head of the +Department, with the general instruction that these contracts should always +be given to the lowest and best bidder. It has ever been my opinion that +public contracts are not a legitimate source of patronage to be conferred +upon personal or political favorites, but that in all such cases a public +officer is bound to act for the Government as a prudent individual would +act for himself. +</p> + +<p> +It is with great satisfaction I communicate the fact that since the date of +my last annual message not a single slave has been imported into the United +States in violation of the laws prohibiting the African slave trade. This +statement is rounded upon a thorough examination and investigation of the +subject. Indeed, the spirit which prevailed some time since among a portion +of our fellow-citizens in favor of this trade seems to have entirely +subsided. +</p> + +<p> +I also congratulate you upon the public sentiment which now exists against +the crime of setting on foot military expeditions within the limits of the +United States to proceed from thence and make war upon the people of +unoffending States with whom we are at peace. In this respect a happy +change has been effected since the commencement of my Administration. It +surely ought to be the prayer of every Christian and patriot that such +expeditions may never again receive countenance in our country or depart +from our shores. +</p> + +<p> +It would be a useless repetition to do more than refer with earnest +commendation to my former recommendations in favor of the Pacific railroad; +of the grant of power to the President to employ the naval force in the +vicinity for the protection of the lives and property of our +fellow-citizens passing in transit over the different Central American +routes against sudden and lawless outbreaks and depredations, and also to +protect American merchant vessels, their crews and cargoes, against violent +and unlawful seizure and confiscation in the ports of Mexico and the South +American Republics when these may be in a disturbed and revolutionary +condition. It is my settled conviction that without such a power we do not +afford that protection to those engaged in the commerce of the country +which they have a right to demand. +</p> + +<p> +I again recommend to Congress the passage of a law, in pursuance of the +provisions of the Constitution, appointing a day certain previous to the +4th March in each year of an odd number for the election of Representatives +throughout all the States. A similar power has already been exercised, with +general approbation, in the appointment of the same day throughout the +Union for holding the election of electors for President and Vice-President +of the United States. My attention was earnestly directed to this subject +from the fact that the Thirty-fifth Congress terminated on the 3d March, +1859, without making the necessary appropriation for the service of the +Post-Office Department. I was then forced to consider the best remedy for +this omission, and an immediate call of the present Congress was the +natural resort. Upon inquiry, however, I ascertained that fifteen out of +the thirty-three States composing the Confederacy were without +Representatives, and that consequently these fifteen States would be +disfranchised by such a call. These fifteen States will be in the same +condition on the 4th March next. Ten of them can not elect Representatives, +according to existing State laws, until different periods, extending from +the beginning of August next until the months of October and November. In +my last message I gave warning that in a time of sudden and alarming danger +the salvation of our institutions might depend upon the power of the +President immediately to assemble a full Congress to meet the emergency. +</p> + +<p> +It is now quite evident that the financial necessities of the Government +will require a modification of the tariff during your present session for +the purpose of increasing the revenue. In this aspect, I desire to +reiterate the recommendation contained in my last two annual messages in +favor of imposing specific instead of ad valorem duties on all imported +articles to which these can be properly applied. From long observation and +experience I am convinced that specific duties are necessary, both to +protect the revenue and to secure to our manufacturing interests that +amount of incidental encouragement which unavoidably results from a revenue +tariff. +</p> + +<p> +As an abstract proposition it may be admitted that ad valorem duties would +in theory be the most just and equal. But if the experience of this and of +all other commercial nations has demonstrated that such duties can not be +assessed and collected without great frauds upon the revenue, then it is +the part of wisdom to resort to specific duties. Indeed, from the very +nature of an ad valorem duty this must be the result. Under it the +inevitable consequence is that foreign goods will be entered at less than +their true value. The Treasury will therefore lose the duty on the +difference between their real and fictitious value, and to this extent we +are defrauded. +</p> + +<p> +The temptations which ad valorem duties present to a dishonest importer are +irresistible. His object is to pass his goods through the custom-house at +the very lowest valuation necessary to save them from confiscation. In this +he too often succeeds in spite of the vigilance of the revenue officers. +Hence the resort to false invoices, one for the purchaser and another for +the custom-house, and to other expedients to defraud the Government. The +honest importer produces his invoice to the collector, stating the actual +price at which he purchased the articles abroad. Not so the dishonest +importer and the agent of the foreign manufacturer. And here it may be +observed that a very large proportion of the manufactures imported from +abroad are consigned for sale to commission merchants, who are mere agents +employed by the manufacturers. In such cases no actual sale has been made +to fix their value. The foreign manufacturer, if he be dishonest, prepares +an invoice of the goods, not at their actual value, but at the very lowest +rate necessary to escape detection. In this manner the dishonest importer +and the foreign manufacturer enjoy a decided advantage over the honest +merchant. They are thus enabled to undersell the fair trader and drive him +from the market. In fact the operation of this system has already driven +from the pursuits of honorable commerce many of that class of regular and +conscientious merchants whose character throughout the world is the pride +of our country. +</p> + +<p> +The remedy for these evils is to be found in specific duties, so far as +this may be practicable. They dispense with any inquiry at the custom-house +into the actual cost or value of the article, and it pays the precise +amount of duty previously fixed by law. They present no temptations to the +appraisers of foreign goods, who receive but small salaries, and might by +undervaluation in a few cases render themselves independent. +</p> + +<p> +Besides, specific duties best conform to the requisition in the +Constitution that "no preference shall be given by any regulation of +commerce or revenue to the ports of one State over those of another." Under +our ad valorem system such preferences are to some extent inevitable, and +complaints have often been made that the spirit of this provision has been +violated by a lower appraisement of the same articles at one port than at +another. +</p> + +<p> +An impression strangely enough prevails to some extent that specific duties +are necessarily protective duties. Nothing can be more fallacious. Great +Britain glories in free trade, and yet her whole revenue from imports is at +the present moment collected under a system of specific duties. It is a +striking fact in this connection that in the commercial treaty of January +23, 1860, between France and England one of the articles provides that the +ad valorem duties which it imposes shall be converted into specific duties +within six months from its date, and these are to be ascertained by making +an average of the prices for six months previous to that time. The reverse +of the propositions would be nearer to the truth, because a much larger +amount of revenue would be collected by merely converting the ad valorem +duties of a tariff into equivalent specific duties. To this extent the +revenue would be increased, and in the same proportion the specific duty +might be diminished. +</p> + +<p> +Specific duties would secure to the American manufacturer the incidental +protection to which he is fairly entitled under a revenue tariff, and to +this surely no person would object. The framers of the existing tariff have +gone further, and in a liberal spirit have discriminated in favor of large +and useful branches of our manufactures, not by raising the rate of duty +upon the importation of similar articles from abroad, but, what is the same +in effect, by admitting articles free of duty which enter into the +composition of their fabrics. +</p> + +<p> +Under the present system it has been often truly remarked that this +incidental protection decreases when the manufacturer needs it most and +increases when he needs it least, and constitutes a sliding scale which +always operates against him. The revenues of the country are subject to +similar fluctuations. Instead of approaching a steady standard, as would be +the case under a system of specific duties, they sink and rise with the +sinking and rising prices of articles in foreign countries. It would not be +difficult for Congress to arrange a system of specific duties which would +afford additional stability both to our revenue and our manufactures and +without injury or injustice to any interest of the country. This might be +accomplished by ascertaining the average value of any given article for a +series of years at the place of exportation and by simply converting the +rate of ad valorem duty upon it which might be deemed necessary for revenue +purposes into the form of a specific duty. Such an arrangement could not +injure the consumer. If he should pay a greater amount of duty one year, +this would be counterbalanced by a lesser amount the next, and in the end +the aggregate would be the same. +</p> + +<p> +I desire to call your immediate attention to the present condition of the +Treasury, so ably and clearly presented by the Secretary in his report to +Congress, and to recommend that measures be promptly adopted to enable it +to discharge its pressing obligations. The other recommendations of the +report are well worthy of your favorable consideration. +</p> + +<p> +I herewith transmit to Congress the reports of the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. The +recommendations and suggestions which they contain are highly valuable and +deserve your careful attention. +</p> + +<p> +The report of the Postmaster-General details the circumstances under which +Cornelius Vanderbilt, on my request, agreed in the month of July last to +carry the ocean mails between our Atlantic and Pacific coasts. Had he not +thus acted this important intercommunication must have been suspended, at +least for a season. The Postmaster-General had no power to make him any +other compensation than the postages on the mail matter which he might +carry. It was known at the time that these postages would fall far short of +an adequate compensation, as well as of the sum which the same service had +previously cost the Government. Mr. Vanderbilt, in a commendable spirit, +was willing to rely upon the justice of Congress to make up the deficiency, +and I therefore recommend that an appropriation may be granted for this +purpose. +</p> + +<p> +I should do great injustice to the Attorney-General were I to omit the +mention of his distinguished services in the measures adopted and +prosecuted by him for the defense of the Government against numerous and +unfounded claims to land in California purporting to have been made by the +Mexican Government previous to the treaty of cession. The successful +opposition to these claims has saved the United States public property +worth many millions of dollars and to individuals holding title under them +to at least an equal amount. +</p> + +<p> +It has been represented to me from sources which I deem reliable that the +inhabitants in several portions of Kansas have been reduced nearly to a +state of starvation on account of the almost total failure of their crops, +whilst the harvests in every other portion of the country have been +abundant. The prospect before them for the approaching winter is well +calculated to enlist the sympathies of every heart. The destitution appears +to be so general that it can not be relieved by private contributions, and +they are in such indigent circumstances as to be unable to purchase the +necessaries of life for themselves. I refer the subject to Congress. If any +constitutional measure for their relief can be devised, I would recommend +its adoption. +</p> + +<p> +I cordially commend to your favorable regard the interests of the people of +this District. They are eminently entitled to your consideration, +especially since, unlike the people of the States, they can appeal to no +government except that of the Union. +</p> + +<p><br /><br /><br /><br /></p> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's State of the Union Addresses, by James Buchanan + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5023-h.htm or 5023-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/2/5023/ + +Produced by James Linden. 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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: James Buchanan + +Posting Date: November 27, 2014 [EBook #5023] +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 James Buchanan + + + +The addresses are separated by three asterisks: *** + +Dates of addresses by James Buchanan in this eBook: + + December 8, 1857 + December 6, 1858 + December 19, 1859 + December 3, 1860 + + + +*** + +State of the Union Address +James Buchanan +December 8, 1857 + +Fellow-Citizens of the Senate and House of Representatives: + +In obedience to the command of the Constitution, it has now become my duty +"to give to Congress information of the state of the Union and recommend to +their consideration such measures" as I judge to be "necessary and +expedient." + +But first and above all, our thanks are due to Almighty God for the +numerous benefits which He has bestowed upon this people, and our united +prayers ought to ascend to Him that He would continue to bless our great +Republic in time to come as He has blessed it in time past. Since the +adjournment of the last Congress our constituents have enjoyed an unusual +degree of health. The earth has yielded her fruits abundantly and has +bountifully rewarded the toil of the husbandman. Our great staples have +commanded high prices, and up till within a brief period our manufacturing, +mineral, and mechanical occupations have largely partaken of the general +prosperity. We have possessed all the elements of material wealth in rich +abundance, and yet, notwithstanding all these advantages, our country in +its monetary interests is at the present moment in a deplorable condition. +In the midst of unsurpassed plenty in all the productions of agriculture +and in all the elements of national wealth, we find our manufactures +suspended, our public works retarded, our private enterprises of different +kinds abandoned, and thousands of useful laborers thrown out of employment +and reduced to want. The revenue of the Government, which is chiefly +derived from duties on imports from abroad, has been greatly reduced, +whilst the appropriations made by Congress at its last session for the +current fiscal year are very large in amount. + +Under these circumstances a loan may be required before the close of your +present session; but this, although deeply to be regretted, would prove to +be only a slight misfortune when compared with the suffering and distress +prevailing among the people. With this the Government can not fail deeply +to sympathize, though it may be without the power to extend relief. + +It is our duty to inquire what has produced such unfortunate results and +whether their recurrence can be prevented. In all former revulsions the +blame might have been fairly attributed to a variety of cooperating causes, +but not so upon the present occasion. It is apparent that our existing +misfortunes have proceeded solely from our extravagant and vicious system +of paper currency and bank credits, exciting the people to wild +speculations and gambling in stocks. These revulsions must continue to +recur at successive intervals so long as the amount of the paper currency +and bank loans and discounts of the country shall be left to the discretion +of 1,400 irresponsible banking institutions, which from the very law of +their nature will consult the interest of their stockholders rather than +the public welfare. + +The framers of the Constitution, when they gave to Congress the power "to +coin money and to regulate the value thereof" and prohibited the States +from coining money, emitting bills of credit, or making anything but gold +and silver coin a tender in payment of debts, supposed they had protected +the people against the evils of an excessive and irredeemable paper +currency. They are not responsible for the existing anomaly that a +Government endowed with the sovereign attribute of coining money and +regulating the value thereof should have no power to prevent others from +driving this coin out of the country and filling up the channels of +circulation with paper which does not represent gold and silver. + +It is one of the highest and most responsible duties of Government to +insure to the people a sound circulating medium, the amount of which ought +to be adapted with the utmost possible wisdom and skill to the wants of +internal trade and foreign exchanges. If this be either greatly above or +greatly below the proper standard, the marketable value of every man's +property is increased or diminished in the same proportion, and injustice +to individuals as well as incalculable evils to the community are the +consequence. + +Unfortunately, under the construction of the Federal Constitution which has +now prevailed too long to be changed this important and delicate duty has +been dissevered from the coining power and virtually transferred to more +than 1,400 State banks acting independently of each other and regulating +their paper issues almost exclusively by a regard to the present interest +of their stockholders. Exercising the sovereign power of providing a paper +currency instead of coin for the country, the first duty which these banks +owe to the public is to keep in their vaults a sufficient +amount of gold and silver to insure the convertibility of +their notes into coin at all times and under all circumstances. +No bank ought ever to be chartered without such restrictions +on its business as to secure this result. All other restrictions are +comparatively vain. This is the only true touchstone, the only efficient +regulator of a paper currency--the only one which can guard the public +against overissues and bank suspensions. As a collateral and eventual +security, it is doubtless wise, and in all cases ought to be required, that +banks shall hold an amount of United States or State securities equal to +their notes in circulation and pledged for their redemption. This, however, +furnishes no adequate security against overissue. On the contrary, it may +be perverted to inflate the currency. Indeed, it is possible by this means +to convert all the debts of the United States and State Governments into +bank notes, without reference to the specie required to redeem them. +However valuable these securities may be in themselves, they can not be +converted into gold and silver at the moment of pressure, as our experience +teaches, in sufficient time to prevent bank suspensions and the +depreciation of bank notes. In England, which is to a considerable extent a +paper-money country, though vastly behind our own in this respect, it was +deemed advisable, anterior to the act of Parliament of 1844, which wisely +separated the issue of notes from the banking department, for the Bank of +England always to keep on hand gold and silver equal to one-third of its +combined circulation and deposits. If this proportion was no more than +sufficient to secure the convertibility of its notes with the whole of +Great Britain and to some extent the continent of Europe as a field for its +circulation, rendering it almost impossible that a sudden and immediate run +to a dangerous amount should be made upon it, the same proportion would +certainly be insufficient under our banking system. Each of our 1,400 banks +has but a limited circumference for its circulation, and in the course of a +very few days the depositors and note holders might demand from such a bank +a sufficient amount in specie to compel it to suspend, even although it had +coin in its vaults equal to one-third of its immediate liabilities. And yet +I am not aware, with the exception of the banks of Louisiana, that any +State bank throughout the Union has been required by its charter to keep +this or any other proportion of gold and silver compared with the amount of +its combined circulation and deposits. What has been the consequence? In a +recent report made by the Treasury Department on the condition of the banks +throughout the different States, according to returns dated nearest to +January, 1857, the aggregate amount of actual specie in their vaults is +$58,349,838, of their circulation $214,778,822, and of their deposits +$230,351,352. Thus it appears that these banks in the aggregate have +considerably less than one dollar in seven of gold and silver compared with +their circulation and deposits. It was palpable, therefore, that the very +first pressure must drive them to suspension and deprive the people of a +convertible currency, with all its disastrous consequences. It is truly +wonderful that they should have so long continued to preserve their credit +when a demand for the payment of one-seventh of their immediate liabilities +would have driven them into insolvency. And this is the condition of the +banks, notwithstanding that four hundred millions of gold from California +have flowed in upon us within the last eight years, and the tide still +continues to flow. Indeed, such has been the extravagance of bank credits +that the banks now hold a considerably less amount of specie, either in +proportion to their capital or to their circulation and deposits combined, +than they did before the discovery of gold in California. Whilst in the +year 1848 their specie in proportion to their capital was more than equal +to one dollar for four and a half, in 1857 it does not amount to one dollar +for every six dollars and thirty-three cents of their capital. In the year +1848 the specie was equal within a very small fraction to one dollar in +five of their circulation and deposits; in 1857 it is not equal to one +dollar in seven and a half of their circulation and deposits. + +From this statement it is easy to account for our financial history for the +last forty years. It has been a history of extravagant expansions in the +business of the country, followed by ruinous contractions. At successive +intervals the best and most enterprising men have been tempted to their +ruin by excessive bank loans of mere paper credit, exciting them to +extravagant importations of foreign goods, wild speculations, and ruinous +and demoralizing stock gambling. When the crisis arrives, as arrive it +must, the banks can extend no relief to the people. In a vain struggle to +redeem their liabilities in specie they are compelled to contract their +loans and their issues, and at last, in the hour of distress, when their +assistance is most needed, they and their debtors together sink into +insolvency. + +It is this paper system of extravagant expansion, raising the nominal price +of every article far beyond its real value when compared with the cost of +similar articles in countries whose circulation is wisely regulated, which +has prevented us from competing in our own markets with foreign +manufacturers, has produced extravagant importations, and has counteracted +the effect of the large incidental protection afforded to our domestic +manufactures by the present revenue tariff. But for this the branches of +our manufactures composed of raw materials, the production of our own +country--such as cotton, iron, and woolen fabrics--would not only have +acquired almost exclusive possession of the home market, but would have +created for themselves a foreign market throughout the world. + +Deplorable, however, as may be our present financial condition, we may yet +indulge in bright hopes for the future. No other nation has ever existed +which could have endured such violent expansions and contractions of paper +credits without lasting injury; yet the buoyancy of youth, the energies of +our population, and the spirit which never quails before difficulties will +enable us soon to recover from our present financial embarrassments, and +may even occasion us speedily to forget the lesson which they have taught. +In the meantime it is the duty of the Government, by all proper means +within its power, to aid in alleviating the sufferings of the people +occasioned by the suspension of the banks and to provide against a +recurrence of the same calamity. Unfortunately, in either aspect of the +case it can do but little. Thanks to the independent treasury, the +Government has not suspended payment, as it was compelled to do by the +failure of the banks in 1837. It will continue to discharge its liabilities +to the people in gold and silver. Its disbursements in coin will pass into +circulation and materially assist in restoring a sound currency. From its +high credit, should we be compelled to make a temporary loan, it can be +effected on advantageous terms. This, however, shall if possible be +avoided, but if not, then the amount shall be limited to the lowest +practicable sum. + +I have therefore determined that whilst no useful Government works already +in progress shall be suspended, new works not already commenced will be +postponed if this can be done without injury to the country. Those +necessary for its defense shall proceed as though there had been no crisis +in our monetary affairs. + +But the Federal Government can not do much to provide against a recurrence +of existing evils. Even if insurmountable constitutional objections did not +exist against the creation of a national bank, this would furnish no +adequate preventive security. The history of the last Bank of the United +States abundantly proves the truth of this assertion. Such a bank could +not, if it would, regulate the issues and credits of 1,400 State banks in +such a manner as to prevent the ruinous expansions and contractions in our +currency which afflicted the country throughout the existence of the late +bank, or secure us against future suspensions. In 1825 an effort was made +by the Bank of England to curtail the issues of the country banks under the +most favorable circumstances. The paper currency had been expanded to a +ruinous extent, and the bank put forth all its power to contract it in +order to reduce prices and restore the equilibrium of the foreign +exchanges. It accordingly commenced a system of curtailment of its loans +and issues, in the vain hope that the joint stock and private banks of the +Kingdom would be compelled to follow its example. It found, however, that +as it contracted they expanded, and at the end of the process, to employ +the language of a very high official authority, "whatever reduction of the +paper circulation was effected by the Bank of England (in 1825) was more +than made up by the issues of the country banks." + +But a bank of the United States would not, if it could, restrain the issues +and loans of the State banks, because its duty as a regulator of the +currency must often be in direct conflict with the immediate interest of +its stockholders. If we expect one agent to restrain or control another, +their interests must, at least in some degree, be antagonistic. But the +directors of a bank of the United States would feel the same interest and +the same inclination with the directors of the State banks to expand the +currency, to accommodate their favorites and friends with loans, and to +declare large dividends. Such has been our experience in regard to the last +bank. + +After all, we must mainly rely upon the patriotism and wisdom of the States +for the prevention and redress of the evil. If they will afford us a real +specie basis for our paper circulation by increasing the denomination of +bank notes, first to twenty and afterwards to fifty dollars; if they will +require that the banks shall at all times keep on hand at least one dollar +of gold and silver for every three dollars of their circulation and +deposits, and if they will provide by a self-executing enactment, which +nothing can arrest, that the moment they suspend they shall go into +liquidation, I believe that such provisions, with a weekly publication by +each bank of a statement of its condition, would go far to secure us +against future suspensions of specie payments. + +Congress, in my opinion, possess the power to pass a uniform bankrupt law +applicable to all banking institutions throughout the United States, and I +strongly recommend its exercise. This would make it the irreversible +organic law of each bank's existence that a suspension of specie payments +shall produce its civil death. The instinct of self-preservation would then +compel it to perform its duties in such a manner as to escape the penalty +and preserve its life. + +The existence of banks and the circulation of bank paper are so identified +with the habits of our people that they can not at this day be suddenly +abolished without much immediate injury to the country. If we could confine +them to their appropriate sphere and prevent them from administering to the +spirit of wild and reckless speculation by extravagant loans and issues, +they might be continued with advantage to the public. + +But this I say, after long and much reflection: If experience shall prove +it to be impossible to enjoy the facilities which well-regulated banks +might afford without at the same time suffering the calamities which the +excesses of the banks have hitherto inflicted upon the country, it would +then be far the lesser evil to deprive them altogether of the power to +issue a paper currency and confine them to the functions of banks of +deposit and discount. + +Our relations with foreign governments are upon the whole in a satisfactory +condition. + +The diplomatic difficulties which existed between the Government of the +United States and that of Great Britain at the adjournment of the last +Congress have been happily terminated by the appointment of a British +minister to this country, who has been cordially received. Whilst it is +greatly to the interest, as I am convinced it is the sincere desire, of the +Governments and people of the two countries to be on terms of intimate +friendship with each other, it has been our misfortune almost always to +have had some irritating, if not dangerous, outstanding question with Great +Britain. + +Since the origin of the Government we have been employed in negotiating +treaties with that power, and afterwards in discussing their true intent +and meaning. In this respect the convention of April 19, 1850, commonly +called the Clayton and Bulwer treaty, has been the most unfortunate of all, +because the two Governments place directly opposite and contradictory +constructions upon its first and most important article. Whilst in the +United States we believed that this treaty would place both powers upon an +exact equality by the stipulation that neither will ever "occupy, or +fortify, or colonize, or assume, or exercise any dominion" over any part of +Central America, it is contended by the British Government that the true +construction of this language has left them in the rightful possession of +all that portion of Central America which was in their occupancy at the +date of the treaty; in fact, that the treaty is a virtual recognition on +the part of the United States of the right of Great Britain, either as +owner or protector, to the whole extensive coast of Central America, +sweeping round from the Rio Hondo to the port and harbor of San Juan de +Nicaragua, together with the adjacent Bay Islands, except the comparatively +small portion of this between the Sarstoon and Cape Honduras. According to +their construction, the treaty does no more than simply prohibit them from +extending their possessions in Central America beyond the present limits. +It is not too much to assert that if in the United States the treaty had +been considered susceptible of such a construction it never would have been +negotiated under the authority of the President, nor would it have received +the approbation of the Senate. The universal conviction in the United +States was that when our Government consented to violate its traditional +and time-honored policy and to stipulate with a foreign government never to +occupy or acquire territory in the Central American portion of our own +continent, the consideration for this sacrifice was that Great Britain +should, in this respect at least, be placed in the same position with +ourselves. Whilst we have no right to doubt the sincerity of the British +Government in their construction of the treaty, it is at the same time my +deliberate conviction that this construction is in opposition both to its +letter and its spirit. + +Under the late Administration negotiations were instituted between the two +Governments for the purpose, if possible, of removing these difficulties, +and a treaty having this laudable object in view was signed at London on +the 17th October, 1856, and was submitted by the President to the Senate on +the following 10th of December. Whether this treaty, either in its original +or amended form, would have accomplished the object intended without giving +birth to new and embarrassing complications between the two Governments, +may perhaps be well questioned. Certain it is, however, it was rendered +much less objectionable by the different amendments made to it by the +Senate. The treaty as amended was ratified by me on the 12th March, 1857, +and was transmitted to London for ratification by the British Government. +That Government expressed its willingness to concur in all the amendments +made by the Senate with the single exception of the clause relating to +Ruatan and the other islands in the Bay of Honduras. The article in the +original treaty as submitted to the Senate, after reciting that these +islands and their inhabitants "having been, by a convention bearing date +the 27th day of August, 1856, between Her Britannic Majesty and the +Republic of Honduras, constituted and declared a free territory under the +sovereignty of the said Republic of Honduras," stipulated that "the two +contracting parties do hereby mutually engage to recognize and respect in +all future time the independence and rights of the said free territory as a +part of the Republic of Honduras." + +Upon an examination of this convention between Great Britain and Honduras +of the 27th August, 1856, it was found that whilst declaring the Bay +Islands to be "a free territory under the sovereignty of the Republic of +Honduras" it deprived that Republic of rights without which its sovereignty +over them could scarcely be said to exist. It divided them from the +remainder of Honduras and gave to their inhabitants a separate government +of their own, with legislative, executive, and judicial officers elected by +themselves. It deprived the Government of Honduras of the taxing power in +every form and exempted the people of the islands from the performance of +military duty except for their own exclusive defense. It also prohibited +that Republic from erecting fortifications upon them for their protection, +thus leaving them open to invasion from any quarter; and, finally, it +provided "that slavery shall not at any time hereafter be permitted to +exist therein." + +Had Honduras ratified this convention, she would have ratified the +establishment of a state substantially independent within her own limits, +and a state at all times subject to British influence and control. +Moreover, had the United States ratified the treaty with Great Britain in +its original form, we should have been bound "to recognize and respect in +all future time" these stipulations to the prejudice of Honduras. Being in +direct opposition to the spirit and meaning of the Clayton and Bulwer +treaty as understood in the United States, the Senate rejected the entire +clause, and substituted in its stead a simple recognition of the sovereign +right of Honduras to these islands in the following language: The two +contracting parties do hereby mutually engage to recognize and respect the +islands of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Moral, situate in +the Bay of Honduras and off the coast of the Republic of Honduras, as under +the sovereignty and as part of the said Republic of Honduras. + +Great Britain rejected this amendment, assigning as the only reason that +the ratifications of the convention of the 27th August, 1856, between her +and Honduras had not been "exchanged, owing to the hesitation of that +Government." Had this been done, it is stated that "Her Majesty's +Government would have had little difficulty in agreeing to the modification +proposed by the Senate, which then would have had in effect the same +signification as the original wording." Whether this would have been the +effect, whether the mere circumstance of the exchange of the ratifications +of the British convention with Honduras prior in point of time to the +ratification of our treaty with Great Britain would "in effect" have had +"the same signification as the original wording," and thus have nullified +the amendment of the Senate, may well be doubted. It is, perhaps, fortunate +that the question has never arisen. + +The British Government, immediately after rejecting the treaty as amended, +proposed to enter into a new treaty with the United States, similar in all +respects to the treaty which they had just refused to ratify, if the United +States would consent to add to the Senate's clear and unqualified +recognition of the sovereignty of Honduras over the Bay Islands the +following conditional stipulation: Whenever and so soon as the Republic of +Honduras shall have concluded and ratified a treaty with Great Britain by +which Great Britain shall have ceded and the Republic of Honduras shall +have accepted the said islands, subject to the provisions and conditions +contained in such treaty. + +This proposition was, of course, rejected. After the Senate had refused to +recognize the British convention with Honduras of the 27th August, 1856, +with full knowledge of its contents, it was impossible for me, necessarily +ignorant of "the provisions and conditions" which might be contained in a +future convention between the same parties, to sanction them in advance. + +The fact is that when two nations like Great Britain and the United States, +mutually desirous, as they are, and I trust ever may be, of maintaining the +most friendly relations with each other, have unfortunately concluded a +treaty which they understand in senses directly opposite, the wisest course +is to abrogate such a treaty by mutual consent and to commence anew. Had +this been done promptly, all difficulties in Central America would most +probably ere this have been adjusted to the satisfaction of both parties. +The time spent in discussing the meaning of the Clayton and Bulwer treaty +would have been devoted to this praiseworthy purpose, and the task would +have been the more easily accomplished because the interest of the two +countries in Central America is identical, being confined to securing safe +transits over all the routes across the Isthmus. + +Whilst entertaining these sentiments, I shall, nevertheless, not refuse to +contribute to any reasonable adjustment of the Central American questions +which is not practically inconsistent with the American interpretation of +the treaty. Overtures for this purpose have been recently made by the +British Government in a friendly spirit, which I cordially reciprocate, but +whether this renewed effort will result in success I am not yet prepared to +express an opinion. A brief period will determine. + +With France our ancient relations of friendship still continue to exist. +The French Government have in several recent instances, which need not be +enumerated, evinced a spirit of good will and kindness toward our country, +which I heartily reciprocate. It is, notwithstanding, much to be regretted +that two nations whose productions are of such a character as to invite the +most extensive exchanges and freest commercial intercourse should continue +to enforce ancient and obsolete restrictions of trade against each other. +Our commercial treaty with France is in this respect an exception from our +treaties with all other commercial nations. It jealously levies +discriminating duties both on tonnage and on articles the growth, produce, +or manufacture of the one country when arriving in vessels belonging to the +other. + +More than forty years ago, on the 3d March, 1815, Congress passed an act +offering to all nations to admit their vessels laden with their national +productions into the ports of the United States upon the same terms with +our own vessels provided they would reciprocate to us similar advantages. +This act confined the reciprocity to the productions of the respective +foreign nations who might enter into the proposed arrangement with the +United States. The act of May 24, 1828, removed this restriction and +offered a similar reciprocity to all such vessels without reference to the +origin of their cargoes. Upon these principles our commercial treaties and +arrangements have been rounded, except with France, and let us hope that +this exception may not long exist. + +Our relations with Russia remain, as they have ever been, on the most +friendly footing. The present Emperor, as well as his predecessors, have +never failed when the occasion offered to manifest their good will to our +country, and their friendship has always been highly appreciated by the +Government and people of the United States. + +With all other European Governments, except that of Spain, our relations +are as peaceful as we could desire. I regret to say that no progress +whatever has been made since the adjournment of Congress toward the +settlement of any of the numerous claims of our citizens against the +Spanish Government. Besides, the outrage committed on our flag by the +Spanish war frigate Ferrolana on the high seas off the coast of Cuba in +March, 1855, by firing into the American mail steamer El Dorado and +detaining and searching her, remains unacknowledged and unredressed. The +general tone and temper of the Spanish Government toward that of the United +States are much to be regretted. Our present envoy extraordinary and +minister plenipotentiary to Madrid has asked to be recalled, and it is my +purpose to send out a new minister to Spain with special instructions on +all questions pending between the two Governments, and with a determination +to have them speedily and amicably adjusted if this be possible. In the +meantime, whenever our minister urges the just claims of our citizens on +the notice of the Spanish Government he is met with the objection that +Congress has never made the appropriation recommended by President Polk in +his annual message of December, 1847, "to be paid to the Spanish Government +for the purpose of distribution among the claimants in the Amistad case." A +similar recommendation was made by my immediate predecessor in his message +of December, 1853, and entirely concurring with both in the opinion that +this indemnity is justly due under the treaty with Spain of the 27th of +October, 1795, I earnestly recommend such an appropriation to the favorable +consideration of Congress. + +A treaty of friendship and commerce was concluded at Constantinople on the +13th December, 1856, between the United States and Persia, the +ratifications of which were exchanged at Constantinople on the 13th June, +1857, and the treaty was proclaimed by the President on the 18th August, +1857. This treaty, it is believed, will prove beneficial to American +commerce. The Shah has manifested an earnest disposition to cultivate +friendly relations with our country, and has expressed a strong wish that +we should be represented at Teheran by a minister plenipotentiary; and I +recommend that an appropriation be made for this purpose. + +Recent occurrences in China have been unfavorable to a revision of the +treaty with that Empire of the 3d July, 1844, with a view to the security +and extension of our commerce. The twenty-fourth article of this treaty +stipulated for a revision of it in case experience should prove this to be +requisite, "in which case the two Governments will, at the expiration of +twelve years from the date of said convention, treat amicably concerning +the same by means of suitable persons appointed to conduct such +negotiations." These twelve years expired on the 3d July, 1856, but long +before that period it was ascertained that important changes in the treaty +were necessary, and several fruitless attempts were made by the +commissioner of the United States to effect these changes. Another effort +was about to be made for the same purpose by our commissioner in +conjunction with the ministers of England and France, but this was +suspended by the occurrence of hostilities in the Canton River between +Great Britain and the Chinese Empire. These hostilities have necessarily +interrupted the trade of all nations with Canton, which is now in a state +of blockade, and have occasioned a serious loss of life and property. +Meanwhile the insurrection within the Empire against the existing imperial +dynasty still continues, and it is difficult to anticipate what will be the +result. + +Under these circumstances I have deemed it advisable to appoint a +distinguished citizen of Pennsylvania envoy extraordinary and minister +plenipotentiary to proceed to China and to avail himself of any +opportunities which may offer to effect changes in the existing treaty +favorable to American commerce. He left the United States for the place of +his destination in July last in the war steamer Minnesota. Special +ministers to China have also been appointed by the Governments of Great +Britain and France. + +Whilst our minister has been instructed to occupy a neutral position in +reference to the existing hostilities at Canton, he will cordially +cooperate with the British and French ministers in all peaceful measures to +secure by treaty stipulations those just concessions to commerce which the +nations of the world have a right to expect and which China can not long be +permitted to withhold. From assurances received I entertain no doubt that +the three ministers will act in harmonious concert to obtain similar +commercial treaties for each of the powers they represent. + +We can not fail to feel a deep interest in all that concerns the welfare of +the independent Republics on our own continent, as well as of the Empire of +Brazil. + +Our difficulties with New Granada, which a short time since bore so +threatening an aspect, are, it is to be hoped, in a fair train of +settlement in a manner just and honorable to both parties. + +The isthmus of Central America, including that of Panama, is the great +highway between the Atlantic and Pacific over which a large portion of the +commerce of the world is destined to pass. The United States are more +deeply interested than any other nation in preserving the freedom and +security of all the communications across this isthmus. It is our duty, +therefore, to take care that they shall not be interrupted either by +invasions from our own country or by wars between the independent States of +Central America. Under our treaty with New Granada of the 12th December, +1846, we are bound to guarantee the neutrality of the Isthmus of Panama, +through which the Panama Railroad passes, "as well as the rights of +sovereignty and property which New Granada has and possesses over the said +territory." This obligation is rounded upon equivalents granted by the +treaty to the Government and people of the United States. + +Under these circumstances I recommend to Congress the passage of an act +authorizing the President, in case of necessity, to employ the land and +naval forces of the United States to carry into effect this guaranty of +neutrality and protection. I also recommend similar legislation for the +security of any other route across the Isthmus in which we may acquire an +interest by treaty. + +With the independent Republics on this continent it is both our duty and +our interest to cultivate the most friendly relations. We can never feel +indifferent to their fate, and must always rejoice in their prosperity. +Unfortunately both for them and for us, our example and advice have lost +much of their influence in consequence of the lawless expeditions which +have been fitted out against some of them within the limits of our country. +Nothing is better calculated to retard our steady material progress or +impair our character as a nation than the toleration of such enterprises in +violation of the law of nations. + +It is one of the first and highest duties of any independent state in its +relations with the members of the great family of nations to restrain its +people from acts of hostile aggression against their citizens or subjects. +The most eminent writers on public law do not hesitate to denounce such +hostile acts as robbery and murder. + +Weak and feeble states like those of Central America may not feel +themselves able to assert and vindicate their rights. The case would be far +different if expeditions were set on foot within our own territories to +make private war against a powerful nation. If such expeditions were fitted +out from abroad against any portion of our own country, to burn down our +cities, murder and plunder our people, and usurp our Government, we should +call any power on earth to the strictest account for not preventing such +enormities. + +Ever since the Administration of General Washington acts of Congress have +been enforced to punish severely the crime of setting on foot a military +expedition within the limits of the United States to proceed from thence +against a nation or state with whom we are at peace. The present neutrality +act of April 20, 1818, is but little more than a collection of preexisting +laws. Under this act the President is empowered to employ the land and +naval forces and the militia "for the purpose of preventing the carrying on +of any such expedition or enterprise from the territories and jurisdiction +of the United States," and the collectors of customs are authorized and +required to detain any vessel in port when there is reason to believe she +is about to take part in such lawless enterprises. + +When it was first rendered probable that an attempt would be made to get up +another unlawful expedition against Nicaragua, the Secretary of State +issued instructions to the marshals and district attorneys, which were +directed by the Secretaries of War and the Navy to the appropriate army and +navy officers, requiring them to be vigilant and to use their best +exertions in carrying into effect the provisions of the act of 1818. +Notwithstanding these precautions, the expedition has escaped from our +shores. Such enterprises can do no possible good to the country, but have +already inflicted much injury both on its interests and its character. They +have prevented peaceful emigration from the United States to the States of +Central America, which could not fail to prove highly beneficial to all the +parties concerned. In a pecuniary point of view alone our citizens have +sustained heavy losses from the seizure and closing of the transit route by +the San Juan between the two oceans. + +The leader of the recent expedition was arrested at New Orleans, but was +discharged on giving bail for his appearance in the insufficient sum of +$2,000. + +I commend the whole subject to the serious attention of Congress, believing +that our duty and our interest, as well as our national character, require +that we should adopt such measures as will be effectual in restraining our +citizens from committing such outrages. + +I regret to inform you that the President of Paraguay has refused to ratify +the treaty between the United States and that State as amended by the +Senate, the signature of which was mentioned in the message of my +predecessor to Congress at the opening of its session in December, 1853. +The reasons assigned for this refusal will appear in the correspondence +herewith submitted. + +It being desirable to ascertain the fitness of the river La Plata and its +tributaries for navigation by steam, the United States steamer Water Witch +was sent thither for that purpose in 1853. This enterprise was successfully +carried on until February, 1855, when, whilst in the peaceful prosecution +of her voyage up the Parana River, the steamer was fired upon by a +Paraguayan fort. The fire was returned, but as the Water Witch was of small +force and not designed for offensive operations, she retired from the +conflict. The pretext upon which the attack was made was a decree of the +President of Paraguay of October, 1854, prohibiting foreign vessels of war +from navigating the rivers of that State. As Paraguay, however, was the +owner of but one bank of the river of that name, the other belonging to +Corientes, a State of the Argentine Confederation, the right of its +Government to expect that such a decree would be obeyed can not be +acknowledged. But the Water Witch was not, properly speaking, a vessel of +war. She was a small steamer engaged in a scientific enterprise intended +for the advantage of commercial states generally. Under these circumstances +I am constrained to consider the attack upon her as unjustifiable and as +calling for satisfaction from the Paraguayan Government. + +Citizens of the United States also who were established in business in +Paraguay have had their property seized and taken from them, and have +otherwise been treated by the authorities in an insulting and arbitrary +manner, which requires redress. + +A demand for these purposes will be made in a firm but conciliatory spirit. +This will the more probably be granted if the Executive shall have +authority to use other means in the event of a refusal. This is accordingly +recommended. + +It is unnecessary to state in detail the alarming condition of the +Territory of Kansas at the time of my inauguration. The opposing parties +then stood in hostile array against each other, and any accident might have +relighted the flames of civil war. Besides, at this critical moment Kansas +was left without a governor by the resignation of Governor Geary. + +On the 19th of February previous the Territorial legislature had passed a +law providing for the election of delegates on the third Monday of June to +a convention to meet on the first Monday of September for the purpose of +framing a constitution preparatory to admission into the Union. This law +was in the main fair and just, and it is to be regretted that all the +qualified electors had not registered themselves and voted under its +provisions. + +At the time of the election for delegates an extensive organization existed +in the Territory whose avowed object it was, if need be, to put down the +lawful government by force and to establish a government of their own under +the so-called Topeka constitution. The persons attached to this +revolutionary organization abstained from taking any part in the election. + +The act of the Territorial legislature had omitted to provide for +submitting to the people the constitution which might be framed by the +convention, and in the excited state of public feeling throughout Kansas an +apprehension extensively prevailed that a design existed to force upon them +a constitution in relation to slavery against their will. In this emergency +it became my duty, as it was my unquestionable right, having in view the +union of all good citizens in support of the Territorial laws, to express +an opinion on the true construction of the provisions concerning slavery +contained in the organic act of Congress of the 30th May, 1854. Congress +declared it 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." Under it Kansas, "when admitted as a +State," was to "be received into the Union with or without slavery, as +their constitution may prescribe at the time of their admission." + +Did Congress mean by this language that the delegates elected to frame a +constitution should have authority finally to decide the question of +slavery, or did they intend by leaving it to the people that the people of +Kansas themselves should decide this question by a direct vote? On this +subject I confess I had never entertained a serious doubt, and therefore in +my instructions to Governor Walker of the 28th March last I merely said +that when "a constitution shall be submitted to the people of the Territory +they must be protected in the exercise of their right of voting for or +against that instrument, and the fair expression of the popular will must +not be interrupted by fraud or violence." + +In expressing this opinion it was far from my intention to interfere with +the decision of the people of Kansas, either for or against slavery. From +this I have always carefully abstained. Intrusted with the duty of taking +"care that the laws be faithfully executed," my only desire was that the +people of Kansas should furnish to Congress the evidence required by the +organic act, whether for or against slavery, and in this manner smooth +their passage into the Union. In emerging from the condition of Territorial +dependence into that of a sovereign State it was their duty, in my opinion, +to make known their will by the votes of the majority on the direct +question whether this important domestic institution should or should not +continue to exist. Indeed, this was the only possible mode in which their +will could be authentically ascertained. + +The election of delegates to a convention must necessarily take place in +separate districts. From this cause it may readily happen, as has often +been the case, that a majority of the people of a State or Territory are on +one side of a question, whilst a majority of the representatives from the +several districts into which it is divided may be upon the other side. This +arises front the fact that in some districts delegates may be elected by +small majorities, whilst in others those of different sentiments may +receive majorities sufficiently great not only to overcome the votes given +for the former, but to leave a large majority of the whole people in direct +opposition to a majority of the delegates. Besides, our history proves that +influences may be brought to bear on the representative sufficiently +powerful to induce him to disregard the will of his constituents. The truth +is that no other authentic and satisfactory mode exists of ascertaining the +will of a majority of the people of any State or Territory on an important +and exciting question like that of slavery in Kansas except by leaving it +to a direct vote. How wise, then, was it for Congress to pass over all +subordinate and intermediate agencies and proceed directly to the source of +all legitimate power under our institutions! + +How vain would any other principle prove in practice! This may be +illustrated by the case of Kansas. Should she be admitted into the Union +with a constitution either maintaining or abolishing slavery against the +sentiment of the people, this could have no other effect than to continue +and to exasperate the existing agitation during the brief period required +to make the constitution conform to the irresistible will of the majority. + +The friends and supporters of the Nebraska and Kansas act, when struggling +on a recent occasion to sustain its wise provisions before the great +tribunal of the American people, never differed about its true meaning on +this subject. Everywhere throughout the Union they publicly pledged their +faith and their honor that they would cheerfully submit the question of +slavery to the decision of the bona fide people of Kansas, without any +restriction or qualification whatever. All were cordially united upon the +great doctrine of popular sovereignty, which is the vital principle of our +free institutions. Had it then been insinuated from any quarter that it +would be a sufficient compliance with the requisitions of the organic law +for the members of a convention thereafter to be elected to withhold the +question of slavery from the people and to substitute their own will for +that of a legally ascertained majority of all their constituents, this +would have been instantly rejected. Everywhere they remained true to the +resolution adopted on a celebrated occasion recognizing "the right of the +people of all the Territories, including Kansas and Nebraska, acting +through the legally and fairly expressed will of a majority of actual +residents, and whenever the number of their inhabitants justifies it, to +form a constitution with or without slavery and be admitted into the Union +upon terms of perfect equality with the other States." + +The convention to frame a constitution for Kansas met on the first Monday +of September last. They were called together by virtue of an act of the +Territorial legislature, whose lawful existence had been recognized by +Congress in different forms and by different enactments. A large proportion +of the citizens of Kansas did not think proper to register their names and +to vote at the election for delegates; but an opportunity to do this having +been fairly afforded, their refusal to avail themselves of their right +could in no manner affect the legality of the convention. This convention +proceeded to frame a constitution for Kansas, and finally adjourned on the +7th day of November. But little difficulty occurred in the convention +except on the subject of slavery. The truth is that the general provisions +of our recent State constitutions are so similar and, I may add, so +excellent that the difference between them is not essential. Under the +earlier practice of the Government no constitution framed by the convention +of a Territory preparatory to its admission into the Union as a State had +been submitted to the people. I trust, however, the example set by the last +Congress, requiring that the constitution of Minnesota "should be subject +to the approval and ratification of the people of the proposed State," may +be followed on future occasions. I took it for granted that the convention +of Kansas would act in accordance with this example, rounded, as it is, on +correct principles, and hence my instructions to Governor Walker in favor +of submitting the constitution to the people were expressed in general and +unqualified terms. + +In the Kansas-Nebraska act, however, this requirement, as applicable to the +whole constitution, had not been inserted, and the convention were not +bound by its terms to submit any other portion of the instrument to an +election except that which relates to the "domestic institution" of +slavery. This will be rendered clear by a simple reference to its language. +It was "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." According +to the plain construction of the sentence, the words "domestic +institutions" have a direct, as they have an appropriate, reference to +slavery. "Domestic institutions" are limited to the family. The relation +between master and slave and a few others are "domestic institutions," and +are entirely distinct from institutions of a political character. Besides, +there was no question then before Congress, nor, indeed, has there since +been any serious question before the people of Kansas or the country, +except that which relates to the "domestic institution" of slavery. The +convention, after an angry and excited debate, finally determined, by a +majority of only two, to submit the question of slavery to the people, +though at the last forty-three of the fifty delegates present affixed their +signatures to the constitution. + +A large majority of the convention were in favor of establishing slavery in +Kansas. They accordingly inserted an article in the constitution for this +purpose similar in form to those which had been adopted by other +Territorial conventions. In the schedule, however, providing for the +transition from a Territorial to a State government the question has been +fairly and explicitly referred to the people whether they will have a +constitution "with or without slavery." It declares that before the +constitution adopted by the convention "shall be sent to Congress for +admission into the Union as a State" an election shall be held to decide +this question, at which all the white male inhabitants of the Territory +above the age of 21 are entitled to vote. They are to vote by ballot, and +"the ballots cast at said election shall be indorsed 'constitution with +slavery' and 'constitution with no slavery.'" If there be a majority in +favor of the "constitution with slavery," then it is to be transmitted to +Congress by the president of the convention in its original form; if, on +the contrary, there shall be a majority in favor of the "constitution with +no slavery," "then the article providing for slavery shall be stricken from +the constitution by the president of this convention;" and it is expressly +declared that "no slavery shall exist in the State of Kansas, except that +the right of property in slaves now in the Territory shall in no manner be +interfered with;" and in that event it is made his duty to have the +constitution thus ratified transmitted to the Congress of the United States +for the admission of the State into the Union. + +At this election every citizen will have an opportunity of expressing his +opinion by his vote "whether Kansas shall be received into the Union with +or without slavery," and thus this exciting question may be peacefully +settled in the very mode required by the organic law. The election will be +held under legitimate authority, and if any portion of the inhabitants +shall refuse to vote, a fair opportunity to do so having been presented, +this will be their own voluntary act and they alone will be responsible for +the consequences. + +Whether Kansas shall be a free or a slave State must eventually, under some +authority, be decided by an election; and the question can never be more +clearly or distinctly presented to the people than it is at the present +moment. Should this opportunity be rejected she may be involved for years +in domestic discord, and possibly in civil war, before she can again make +up the issue now so fortunately tendered and again reach the point she has +already attained. + +Kansas has for some years occupied too much of the public attention. It is +high time this should be directed to far more important objects. When once +admitted into the Union, whether with or without slavery, the excitement +beyond her own limits will speedily pass away, and she will then for the +first time be left, as she ought to have been long since, to manage her own +affairs in her own way. If her constitution on the subject of slavery or on +any other subject be displeasing to a majority of the people, no human +power can prevent them from changing it within a brief period. Under these +circumstances it may well be questioned whether the peace and quiet of the +whole country are not of greater importance than the mere temporary triumph +of either of the political parties in Kansas. + +Should the constitution without slavery be adopted by the votes of the +majority, the rights of property in slaves now in the Territory are +reserved. The number of these is very small, but if it were greater the +provision would be equally just and reasonable. The slaves were brought +into the Territory under the Constitution of the United States and are now +the property of their masters. This point has at length been finally +decided by the highest judicial tribunal of the country, and this upon the +plain principle that when a confederacy of sovereign States acquire a new +territory at their joint expense both equality and justice demand that the +citizens of one and all of them shall have the right to take into it +whatsoever is recognized as property by the common Constitution. To have +summarily confiscated the property in slaves already in the Territory would +have been an act of gross injustice and contrary to the practice of the +older States of the Union which have abolished slavery. + +A Territorial government was established for Utah by act of Congress +approved the 9th September, 1850, and the Constitution and laws of the +United States were thereby extended over it "so far as the same or any +provisions thereof may be applicable." This act provided for the +appointment by the President, by and with the advice and consent of the +Senate, of a governor (who was to be ex officio superintendent of Indian +affairs), a secretary, three judges of the supreme court, a marshal, and a +district attorney. Subsequent acts provided for the appointment of the +officers necessary to extend our land and our Indian system over the +Territory. Brigham Young was appointed the first governor on the 20th +September, 1850, and has held the office ever since. Whilst Governor Young +has been both governor and superintendent of Indian affairs throughout this +period, he has been at the same time the head of the church called the +Latter-day Saints, and professes to govern its members and dispose of their +property by direct inspiration and authority from the Almighty. His power +has been, therefore, absolute over both church and state. + +The people of Utah almost exclusively belong to this church, and believing +with a fanatical spirit that he is governor of the Territory by divine +appointment, they obey his commands as if these were direct revelations +from Heaven. If, therefore, he chooses that his government shall come into +collision with the Government of the United States, the members of the +Mormon Church will yield implicit obedience to his will. Unfortunately, +existing facts leave but little doubt that such is his determination. +Without entering upon a minute history of occurrences, it is sufficient to +say that all the officers of the United States, judicial and executive, +with the single exception of two Indian agents, have found it necessary for +their own personal safety to withdraw from the Territory, and there no +longer remains any government in Utah but the despotism of Brigham Young. +This being the condition of affairs in the Territory, I could not mistake +the path of duty. As Chief Executive Magistrate I was bound to restore the +supremacy of the Constitution and laws within its limits. In order to +effect this purpose, I appointed a new governor and other Federal officers +for Utah and sent with them a military force for their protection and to +aid as a posse comitatus in case of need in the execution of the laws. + +With the religious opinions of the Mormons, as long as they remained mere +opinions, however deplorable in themselves and revolting to the moral and +religious sentiments of all Christendom, I had no right to interfere. +Actions alone, when in violation of the Constitution and laws of the United +States, become the legitimate subjects for the jurisdiction of the civil +magistrate. My instructions to Governor Cumming have therefore been framed +in strict accordance with these principles. At their date a hope was +indulged that no necessity might exist for employing the military in +restoring and maintaining the authority of the law, but this hope has now +vanished. Governor Young has by proclamation declared his determination to +maintain his power by force, and has already committed acts of hostility +against the United States. Unless he should retrace his steps the Territory +of Utah will be in a state of open rebellion. He has committed these acts +of hostility notwithstanding Major Van Vliet, an officer of the Army, sent +to Utah by the Commanding General to purchase provisions for the troops, +had given him the strongest assurances of the peaceful intentions of the +Government, and that the troops would only be employed as a posse comitatus +when called on by the civil authority to aid in the execution of the laws. + +There is reason to believe that Governor Young has long contemplated this +result. He knows that the continuance of his despotic power depends upon +the exclusion of all settlers from the Territory except those who will +acknowledge his divine mission and implicitly obey his will, and that an +enlightened public opinion there would soon prostrate institutions at war +with the laws both of God and man. "He has therefore for several years, in +order to maintain his independence, been industriously employed in +collecting and fabricating arms and munitions of war and in disciplining +the Mormons for military service." As superintendent of Indian affairs he +has had an opportunity of tampering with the Indian tribes and exciting +their hostile feelings against the United States. This, according to our +information, he has accomplished in regard to some of these tribes, while +others have remained true to their allegiance and have communicated his +intrigues to our Indian agents. He has laid in a store of provisions for +three years, which in case of necessity, as he informed Major Van Vliet, he +will conceal, "and then take to the mountains and bid defiance to all the +powers of the Government." + +A great part of all this may be idle boasting, but yet no wise government +will lightly estimate the efforts which may be inspired by such frenzied +fanaticism as exists among the Mormons in Utah. This is the first rebellion +which has existed in our Territories, and humanity itself requires that we +should put it down in such a manner that it shall be the last. To trifle +with it would be to encourage it and to render it formidable. We ought to +go there with such an imposing force as to convince these deluded people +that resistance would be vain, and thus spare the effusion of blood. We can +in this manner best convince them that we are their friends, not their +enemies. In order to accomplish this object it will be necessary, according +to the estimate of the War Department, to raise four additional regiments; +and this I earnestly recommend to Congress. At the present moment of +depression in the revenues of the country I am sorry to be obliged to +recommend such a measure; but I feel confident of the support of Congress, +cost what it may, in suppressing the insurrection and in restoring and +maintaining the sovereignty of the Constitution and laws over the Territory +of Utah. + +I recommend to Congress the establishment of a Territorial government over +Arizona, incorporating with it such portions of New Mexico as they may deem +expedient. I need scarcely adduce arguments in support of this +recommendation. We are bound to protect the lives and the property of our +citizens inhabiting Arizona, and these are now without any efficient +protection. Their present number is already considerable, and is rapidly +increasing, notwithstanding the disadvantages under which they labor. +Besides, the proposed Territory is believed to be rich in mineral and +agricultural resources, especially in silver and copper. The mails of the +United States to California are now carried over it throughout its whole +extent, and this route is known to be the nearest and believed to be the +best to the Pacific. + +Long experience has deeply convinced me that a strict construction of the +powers granted to Congress is the only true, as well as the only safe, +theory of the Constitution. Whilst this principle shall guide my public +conduct, I consider it clear that under the war-making power Congress may +appropriate money for the Construction of a military road through the +Territories of the United States when this is absolutely necessary for the +defense of any of the States against foreign invasion. The Constitution has +conferred upon Congress power "to declare war," "to raise and support +armies," "to provide and maintain a navy," and to call forth the militia to +"repel invasions." These high sovereign powers necessarily involve +important and responsible public duties, and among them there is none so +sacred and so imperative as that of preserving our soil from the invasion +of a foreign enemy. The Constitution has therefore left nothing on this +point to construction, but expressly requires that "the United States shall +protect each of them [the States] against invasion." Now if a military road +over our own Territories be indispensably necessary to enable us to meet +and repel the invader, it follows as a necessary consequence not only that +we possess the power, but it is our imperative duty to construct such a +road. It would be an absurdity to invest a government with the unlimited +power to make and conduct war and at the same time deny to it the only +means of reaching and defeating the enemy at the frontier. Without such a +road it is quite evident we can not "protect" California and our Pacific +possessions "against invasion." We can not by any other means transport men +and munitions of war from the Atlantic States in sufficient time +successfully to defend these remote and distant portions of the Republic. + +Experience has proved that the routes across the isthmus of Central America +are at best but a very uncertain and unreliable mode of communication. But +even if this were not the case, they would at once be closed against us in +the event of war with a naval power so much stronger than our own as to +enable it to blockade the ports at either end of these routes. After all, +therefore, we can only rely upon a military road through our own +Territories; and ever since the origin of the Government Congress has been +in the practice of appropriating money from the public Treasury for the +construction of such roads. + +The difficulties and the expense of constructing a military railroad to +connect our Atlantic and Pacific States have been greatly exaggerated. The +distance on the Arizona route, near the thirty-second parallel of north +latitude, between the western boundary of Texas, on the Rio Grande, and the +eastern boundary of California, on the Colorado, from the best explorations +now within our knowledge, does not exceed 470 miles, and the face of the +country is in the main favorable. For obvious reasons the Government ought +not to undertake the work itself by means of its own agents. This ought to +be committed to other agencies, which Congress might assist, either by +grants of land or money, or by both, upon such terms and conditions as they +may deem most beneficial for the country. Provision might thus be made not +only for the safe, rapid, and economical transportation of troops and +munitions of war, but also of the public mails. The commercial interests of +the whole country, both East and West, would be greatly promoted by such a +road, and, above all, it would be a powerful additional bond of union. And +although advantages of this kind, whether postal, commercial, or political, +can not confer constitutional power, yet they may furnish auxiliary +arguments in favor of expediting a work which, in my judgment, is clearly +embraced within the war-making power. + +For these reasons I commend to the friendly consideration of Congress the +subject of the Pacific Railroad, without finally committing myself to any +particular route. + +The report of the Secretary of the Treasury will furnish a detailed +statement of the condition of the public finances and of the respective +branches of the public service devolved upon that Department of the +Government. By this report it appears that the amount of revenue received +from all sources into the Treasury during the fiscal year ending the 30th +June, 1857, was $68,631,513.67, which amount, with the balance of +$19,901,325.45 remaining in the Treasury at the commencement of the year, +made an aggregate for the service of the year of $88,532,839.12. + +The public expenditures for the fiscal year ending 30th June, 1857, +amounted to $70,822,724.85, of which $5,943,896.91 were applied to the +redemption of the public debt, including interest and premium, leaving in +the Treasury at the commencement of the present fiscal year, on the 1st +July, 1857, $17,710,114.27. + +The receipts into the Treasury for the first quarter of the present fiscal +year, commencing 1st July, 1857, were $20,929,819.81, and the estimated +receipts of the remaining three quarters to the 30th June, 1858, are +$36,750,000, making, with the balance before stated, an aggregate of +$75,389,934.08 for the service of the present fiscal year. + +The actual expenditures during the first quarter of the present fiscal year +were $23,714,528.37, of which $3,895,232.39 were applied to the redemption +of the public debt, including interest and premium. The probable +expenditures of the remaining three quarters to 30th June, 1858, are +$51,248,530.04, including interest on the public debt, making an aggregate +of $74,963,058.41, leaving an estimated balance in the Treasury at the +close of the present fiscal year of $426,875.67. + +The amount of the public debt at the commencement of the present fiscal +year was $29,060,386.90. + +The amount redeemed since the 1st of July was $3,895,232.39, leaving a +balance unredeemed at this time of $25,165,154.51. + +The amount of estimated expenditures for the remaining three quarters of +the present fiscal year will in all probability be increased from the +causes set forth in the report of the Secretary. His suggestion, therefore, +that authority should be given to supply any temporary deficiency by the +issue of a limited amount of Treasury notes is approved, and I accordingly +recommend the passage of such a law. + +As stated in the report of the Secretary, the tariff of March 3, 1857, has +been in operation for so short a period of time and under circumstances so +unfavorable to a just development of its results as a revenue measure that +I should regard it as inexpedient, at least for the present, to undertake +its revision. + +I transmit herewith the reports made to me by the Secretaries of War and of +the Navy, of the Interior, and of the Postmaster-General. They all contain +valuable and important information and suggestions, which I commend to the +favorable consideration of Congress. + +I have already recommended the raising of four additional regiments, and +the report of the Secretary of War presents strong reasons proving this +increase of the Army under existing circumstances to be indispensable. + +I would call the special attention of Congress to the recommendation of the +Secretary of the Navy in favor of the construction of ten small war +steamers of light draft. For some years the Government has been obliged on +many occasions to hire such steamers from individuals to supply its +pressing wants. At the present moment we have no armed vessel in the Navy +which can penetrate the rivers of China. We have but few which can enter +any of the harbors south of Norfolk, although many millions of foreign and +domestic commerce annually pass in and out of these harbors. Some of our +most valuable interests and most vulnerable points are thus left exposed. +This class of vessels of light draft, great speed, and heavy guns would be +formidable in coast defense. The cost of their construction will not be +great and they will require but a comparatively small expenditure to keep +them in commission. In time of peace they will prove as effective as much +larger vessels and more useful. One of them should be at every station +where we maintain a squadron, and three or four should be constantly +employed on our Atlantic and Pacific coasts. Economy, utility, and +efficiency combine to recommend them as almost indispensable. Ten of these +small vessels would be of incalculable advantage to the naval service, and +the whole cost of their construction would not exceed $2,300,000, or +$230,000 each. + +The report of the Secretary of the Interior is worthy of grave +consideration. It treats of the numerous important and diversified branches +of domestic administration intrusted to him by law. Among these the most +prominent are the public lands and our relations with the Indians. Our +system for the disposal of the public lands, originating with the fathers +of the Republic, has been improved as experience pointed the way, and +gradually adapted to the growth and settlement of our Western States and +Territories. It has worked well in practice. Already thirteen States and +seven Territories have been carved out of these lands, and still more than +a thousand millions of acres remain unsold. What a boundless prospect this +presents to our country of future prosperity and power! + +We have heretofore disposed of 363,862,464 acres of the public land. Whilst +the public lands, as a source of revenue, are of great importance, their +importance is far greater as furnishing homes for a hardy and independent +race of honest and industrious citizens who desire to subdue and cultivate +the soil. They ought to be administered mainly with a view of promoting +this wise and benevolent policy. In appropriating them for any other +purpose we ought to use even greater economy than if they had been +converted into money and the proceeds were already in the public Treasury. +To squander away this richest and noblest inheritance which any people have +ever enjoyed upon objects of doubtful constitutionality or expediency would +be to violate one of the most important trusts ever committed to any +people. Whilst I do not deny to Congress the power, when acting bona fide +as a proprietor, to give away portions of them for the purpose of +increasing the value of the remainder, yet, considering the great +temptation to abuse this power, we can not be too cautious in its exercise. +Actual settlers under existing laws are protected against other purchasers +at the public sales in their right of preemption to the extent of a quarter +section, or 160 acres, of land. The remainder may then be disposed of at +public or entered at private sale in unlimited quantities. Speculation has +of late years prevailed to a great extent in the public lands. The +consequence has been that large portions of them have become the property +of individuals and companies, and thus the price is greatly enhanced to +those who desire to purchase for actual settlement. In order to limit the +area of speculation as much as possible, the extinction of the Indian title +and the extension of the public surveys ought only to keep pace with the +tide of emigration. + +If Congress should hereafter grant alternate sections to States or +companies, as they have done heretofore, I recommend that the intermediate +sections retained by the Government should be subject to preemption by +actual settlers. + +It ought ever to be our cardinal policy to reserve the public lands as much +as may be for actual settlers, and this at moderate prices. We shall thus +not only best promote the prosperity of the new States and Territories and +the power of the Union, but shall secure homes for our posterity for many +generations. + +The extension of our limits has brought within our jurisdiction many +additional and populous tribes of Indians, a large proportion of which are +wild, untractable, and difficult to control. Predatory and warlike in their +disposition and habits, it is impossible altogether to restrain them from +committing aggressions on each other, as well as upon our frontier citizens +and those emigrating to our distant States and Territories. Hence expensive +military expeditions are frequently necessary to overawe and chastise the +more lawless and hostile. The present system of making them valuable +presents to influence them to remain at peace has proved ineffectual. It is +believed to be the better policy to colonize them in suitable localities +where they can receive the rudiments of education and be gradually induced +to adopt habits of industry. So far as the experiment has been tried it has +worked well in practice, and it will doubtless prove to be less expensive +than the present system. + +The whole number of Indians within our territorial limits is believed to +be, from the best data in the Interior Department, about 325,000. The +tribes of Cherokees, Choctaws, Chickasaws, and Creeks settled in the +Territory set apart for them west of Arkansas are rapidly advancing in +education and in all the arts of civilization and self-government and we +may indulge the agreeable anticipation that at no very distant day they +will be incorporated into the Union as one of the sovereign States. + +It will be seen from the report of the Postmaster-General that the +Post-Office Department still continues to depend on the Treasury, as it has +been compelled to do for several years past, for an important portion of +the means of sustaining and extending its operations. Their rapid growth +and expansion are shown by a decennial statement of the number of +post-offices and the length of post-roads, commencing with the year 1827. +In that year there were 7,000 post-offices; in 1837, 11,177; in 1847, +15,146, and in 1857 they number 26,586. In this year 1,725 post-offices +have been established and 704 discontinued, leaving a net increase of +1,021. The postmasters of 368 offices are appointed by the President. + +The length of post-roads in 1827 was 105,336 miles; in 1837,141,242 miles; +in 1847, 153,818 miles, and in the year 1857 there are 242,601 miles of +post-road, including 22,530 miles of railroad on which the mails are +transported. + +The expenditures of the Department for the fiscal year ending on the 30th +June, 1857, as adjusted by the Auditor, amounted to $11,507,670. To defray +these expenditures there was to the credit of the Department on the 1st +July, 1856, the sum of $789,599; the gross revenue of the year, including +the annual allowances for the transportation of free mail matter, produced +$8,053,951, and the remainder was supplied by the appropriation from the +Treasury of $2,250,000 granted by the act of Congress approved August 18, +1856, and by the appropriation of $666,883 made by the act of March 3, +1857, leaving $252,763 to be carried to the credit of the Department in the +accounts of the current year. I commend to your consideration the report of +the Department in relation to the establishment of the overland mail route +from the Mississippi River to San Francisco, Cal. The route was selected +with my full concurrence, as the one, in my judgment, best calculated to +attain the important objects contemplated by Congress. + +The late disastrous monetary revulsion may have one good effect should it +cause both the Government and the people to return to the practice of a +wise and judicious economy both in public and private expenditures. + +An overflowing Treasury has led to habits of prodigality and extravagance +in our legislation. It has induced Congress to make large appropriations to +objects for which they never would have provided had it been necessary to +raise the amount of revenue required to meet them by increased taxation or +by loans. We are now compelled to pause in our career and to scrutinize our +expenditures with the utmost vigilance; and in performing this duty I +pledge my cooperation to the extent of my constitutional competency. + +It ought to be observed at the same time that true public economy does not +consist in withholding the means necessary to accomplish important national +objects intrusted to us by the Constitution, and especially such as may be +necessary for the common defense. In the present crisis of the country it +is our duty to confine our appropriations to objects of this character, +unless in cases where justice to individuals may demand a different course. +In all cases care ought to be taken that the money granted by Congress +shall be faithfully and economically applied. + +Under the Federal Constitution "every bill which shall have passed the +House of Representatives and the Senate shall, before it become a law," be +approved and signed by the President; and if not approved, "he shall return +it with his objections to that House in which it shall have originated." In +order to perform this high and responsible duty, sufficient time must be +allowed the President to read and examine every bill presented to him for +approval. Unless this be afforded, the Constitution becomes a dead letter +in this particular, and; even worse, it becomes a means of deception. Our +constituents, seeing the President's approval and signature attached to +each act of Congress, are induced to believe that he has actually performed +his duty, when in truth nothing is in many cases more unfounded. + +From the practice of Congress such an examination of each bill as the +Constitution requires has been rendered impossible. The most important +business of each session is generally crowded into its last hours, and the +alternative presented to the President is either to violate the +constitutional duty which he owes to the people and approve bills which for +want of time it is impossible he should have examined, or by his refusal to +do this subject the country and individuals to great loss and +inconvenience. + +Besides, a practice has grown up of late years to legislate in +appropriation bills at the last hours of the session on new and important +subjects. This practice constrains the President either to suffer measures +to become laws which he does not approve or to incur the risk of stopping +the wheels of the Government by vetoing an appropriation bill. Formerly +such bills were confined to specific appropriations for carrying into +effect existing laws and the well-established policy of the country, and +little time was then requited by the President for their examination. + +For my own part, I have deliberately determined that I shall approve no +bills which I have not examined, and it will be a case of extreme and most +urgent necessity which shall ever induce me to depart from this rule. I +therefore respectfully but earnestly recommend that the two Houses would +allow the President at least two days previous to the adjournment of each +session within which no new bill shall be presented to him for approval. +Under the existing joint rule one day is allowed, but this rule has been +hitherto so constantly suspended in practice that important bills continue +to be presented to him up till the very last moments of the session. In a +large majority of cases no great public inconvenience can arise from the +want of time to examine their provisions, because the Constitution has +declared that if a bill be presented to the President within the last ten +days of the session he is not required to return it, either with an +approval or with a veto, "in which case it shall not be a law." It may then +lie over and be taken up and passed at the next session. Great +inconvenience would only be experienced in regard to appropriation bills, +but, fortunately, under the late excellent law allowing a salary instead of +a per diem to members of Congress the expense and inconvenience of a called +session will be greatly reduced. + +I can not conclude without commending to your favorable consideration the +interest of the people of this District. Without a representative on the +floor of Congress, they have for this very reason peculiar claims upon our +just regard. To this I know, from my long acquaintance with them, they are +eminently entitled. + +*** + +State of the Union Address +James Buchanan +December 6, 1858 + +Fellow-Citizens of the Senate and House of Representatives: + +When we compare the condition of the country at the present day with what +it was one year ago at the meeting of Congress, we have much reason for +gratitude to that Almighty Providence which has never failed to interpose +for our relief at the most critical periods of our history. One year ago +the sectional strife between the North and the South on the dangerous +subject of slavery had again become so intense as to threaten the peace and +perpetuity of the Confederacy. The application for the admission of Kansas +as a State into the Union fostered this unhappy agitation and brought the +whole subject once more before Congress. It was the desire of every patriot +that such measures of legislation might be adopted as would remove the +excitement from the States and confine it to the Territory where it +legitimately belonged. Much has been done, I am happy to say, toward the +accomplishment of this object during the last session of Congress. The +Supreme Court of the United States had previously decided that all American +citizens have an equal right to take into the Territories whatever is held +as property under the laws of any of the States, and to hold such property +there under the guardianship of the Federal Constitution so long as the +Territorial condition shall remain. + +This is now a well-established position, and the proceedings of the last +session were alone wanting to give it practical effect. The principle has +been recognized in some form or other by an almost unanimous vote of both +Houses of Congress that a Territory has a right to come into the Union +either as a free or a slave State, according to the will of a majority of +its people. The just equality of all the States has thus been vindicated +and a fruitful source of dangerous dissension among them has been removed. + +Whilst such has been the beneficial tendency of your legislative +proceedings outside of Kansas, their influence has nowhere been so happy as +within that Territory itself. Left to manage and control its own affairs in +its own way, without the pressure of external influence, the revolutionary +Topeka organization and all resistance to the Territorial government +established by Congress have been finally abandoned. As a natural +consequence that fine Territory now appears to be tranquil and prosperous +and is attracting increasing thousands of immigrants to make it their happy +home. + +The past unfortunate experience of Kansas has enforced the lesson, so often +already taught, that resistance to lawful authority under our form of +government can not fail in the end to prove disastrous to its authors. Had +the people of the Territory yielded obedience to the laws enacted by their +legislature, it would at the present moment have contained a large +additional population of industrious and enterprising citizens, who have +been deterred from entering its borders by the existence of civil strife +and organized rebellion. + +It was the resistance to rightful authority and the persevering attempts to +establish a revolutionary government under the Topeka constitution which +caused the people of Kansas to commit the grave error of refusing to vote +for delegates to the convention to frame a constitution under a law not +denied to be fair and just in its provisions. This refusal to vote has been +the prolific source of all the evils which have followed, In their +hostility to the Territorial government they disregarded the principle, +absolutely essential to the working of our form of government, that a +majority of those who vote, not the majority who may remain at home, from +whatever cause, must decide the result of an election. For this reason, +seeking to take advantage of their own error, they denied the authority of +the convention thus elected to frame a constitution. + +The convention, notwithstanding, proceeded to adopt a constitution +unexceptionable in its general features, and providing for the submission +of the slavery question to a vote of the people, which, in my opinion, they +were bound to do under the Kansas and Nebraska act. This was the +all-important question which had alone convulsed the Territory; and yet the +opponents of the lawful government, persisting in their first error, +refrained from exercising their right to vote, and preferred that slavery +should continue rather than surrender their revolutionary Topeka +organization. + +A wiser and better spirit seemed to prevail before the first Monday of +January last, when an election was held under the constitution. A majority +of the people then voted for a governor and other State officers, for a +Member of Congress and members of the State legislature. This election was +warmly contested by the two political parties in Kansas, and a greater vote +was polled than at any previous election. A large majority of the members +of the legislature elect belonged to that party which had previously +refused to vote. The antislavery party were thus placed in the ascendant, +and the political power of the State was in their own hands. Had Congress +admitted Kansas into the Union under the Lecompton constitution, the +legislature might at its very first session have submitted the question to +a vote of the people whether they would or would not have a convention to +amend their constitution, either on the slavery or any other question, and +have adopted all necessary means for giving speedy effect to the will of +the majority. Thus the Kansas question would have been immediately and +finally settled. + +Under these circumstances I submitted to Congress the constitution thus +framed, with all the officers already elected necessary to put the State +government into operation, accompanied by a strong recommendation in favor +of the admission of Kansas as a State. In the course of my long public life +I have never performed any official act which in the retrospect has +afforded me more heartfelt satisfaction. Its admission could have inflicted +no possible injury on any human being, whilst it would within a brief +period have restored peace to Kansas and harmony to the Union. In that +event the slavery question would ere this have been finally settled +according to the legally expressed will of a majority of the voters, and +popular sovereignty would thus have been vindicated in a constitutional +manner. + +With my deep convictions of duty I could have pursued no other course. It +is true that as an individual I had expressed an opinion, both before and +during the session of the convention, in favor of submitting the remaining +clauses of the constitution, as well as that concerning slavery, to the +people. But, acting in an official character, neither myself nor any human +authority had the power to rejudge the proceedings of the convention and +declare the constitution which it had framed to be a nullity. To have done +this would have been a violation of the Kansas and Nebraska act, which left +the people of the Territory "perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." It would equally have violated the great principle of +popular sovereignty, at the foundation of our institutions, to deprive the +people of the power, if they thought proper to exercise it, of confiding to +delegates elected by themselves the trust of framing a constitution without +requiring them to subject their constituents to the trouble, expense, and +delay of a second election. It would have been in opposition to many +precedents in our history, commencing in the very best age of the Republic, +of the admission of Territories as States into the Union without a previous +vote of the people approving their constitution. + +It is to be lamented that a question so insignificant when viewed in its +practical effects on the people of Kansas, whether decided one way or the +other, should have kindled such a flame of excitement throughout the +country. This reflection may prove to be a lesson of wisdom and of warning +for our future guidance. Practically considered, the question is simply +whether the people of that Territory should first come into the Union and +then change any provision in their constitution not agreeable to +themselves, or accomplish the very same object by remaining out of the +Union and framing another constitution in accordance with their will. In +either case the result would be precisely the same. The only difference, in +point of fact, is that the object would have been much sooner attained and +the pacification of Kansas more speedily effected had it been admitted as a +State during the last session of Congress. + +My recommendation, however, for the immediate admission of Kansas failed to +meet the approbation of Congress. They deemed it wiser to adopt a different +measure for the settlement of the question. For my own part, I should have +been willing to yield my assent to almost any constitutional measure to +accomplish this object. I therefore cordially acquiesced in what has been +called the English compromise and approved the "act for the admission of +the State of Kansas into the Union" upon the terms therein prescribed. + +Under the ordinance which accompanied the Lecompton constitution the people +of Kansas had claimed double the quantity of public lands for the support +of common schools which had ever been previously granted to any State upon +entering the Union, and also the alternate sections of land for 12 miles on +each side of two railroads proposed to be constructed from the northern to +the southern boundary and from the eastern to the western boundary of the +State. Congress, deeming these claims unreasonable, provided by the act of +May 4, 1858, to which I have just referred, for the admission of the State +on an equal footing with the original States, but "upon the fundamental +condition precedent" that a majority of the people thereof, at an election +to be held for that purpose, should, in place of the very large grants of +public lands which they had demanded under the ordinance, accept such +grants as had been made to Minnesota and other new States. Under this act, +should a majority reject the proposition offered them, "it shall be deemed +and held that the people of Kansas do not desire admission into the Union +with said constitution under the conditions set forth in said proposition." +In that event the act authorizes the people of the Territory to elect +delegates to form a constitution and State government for themselves +"whenever, and not before, it is ascertained by a census, duly and legally +taken, that the population of said Territory equals or exceeds the ratio of +representation required for a member of the House of Representatives of the +Congress of the United States." The delegates thus assembled "shall first +determine by a vote whether it is the wish of the people of the proposed +State to be admitted into the Union at that time, and, if so, shall proceed +to form a constitution and take all necessary steps for the establishment +of a State government in conformity with the Federal Constitution." After +this constitution shall have been formed, Congress, carrying out the +principles of popular sovereignty and nonintervention, have left "the mode +and manner of its approval or ratification by the people of the proposed +State" to be "prescribed by law," and they "shall then be admitted into the +Union as a State under such constitution, thus fairly and legally made, +with or without slavery, as said constitution may prescribe." + +An election was held throughout Kansas, in pursuance of the provisions of +this act, on the 2d day of August last, and it resulted in the rejection by +a large majority of the proposition submitted to the people by Congress. +This being the case, they are now authorized to form another constitution, +preparatory to admission into the Union, but not until their number, as +ascertained by a census, shall equal or exceed the ratio required to elect +a member to the House of Representatives. + +It is not probable, in the present state of the case, that a third +constitution can be lawfully framed and presented to Congress by Kansas +before its population shall have reached the designated number. Nor is it +to be presumed that after their sad experience in resisting the Territorial +laws they will attempt to adopt a constitution in express violation of the +provisions of an act of Congress. During the session of 1856 much of the +time of Congress was occupied on the question of admitting Kansas under the +Topeka constitution. Again, nearly the whole of the last session was +devoted to the question of its admission under the Lecompton constitution. +Surely it is not unreasonable to require the people of Kansas to wait +before making a third attempt until the number of their inhabitants shall +amount to 93,420. During this brief period the harmony of the States as +well as the great business interests of the country demand that the people +of the Union shall not for a third time be convulsed by another agitation +on the Kansas question. By waiting for a short time and acting in obedience +to law Kansas will glide into the Union without the slightest impediment. + +This excellent provision, which Congress have applied to Kansas, ought to +be extended and rendered applicable to all Territories which may hereafter +seek admission into the Union. + +Whilst Congress possess the undoubted power of admitting a new State into +the Union, however small may be the number of its inhabitants, yet this +power ought not, in my opinion, to be exercised before the population shall +amount to the ratio required by the act for the admission of Kansas. Had +this been previously the rule, the country would have escaped all the evils +and misfortunes to which it has been exposed by the Kansas question. + +Of course it would be unjust to give this rule a retrospective application, +and exclude a State which, acting upon the past practice of the Government, +has already formed its constitution, elected its legislature and other +officers, and is now prepared to enter the Union. The rule ought to be +adopted, whether we consider its bearing on the people of the Territories +or upon the people of the existing States. Many of the serious dissentions +which have prevailed in Congress and throughout the country would have been +avoided had this rule been established at an earlier period of the +Government. + +Immediately upon the formation of a new Territory people from different +States and from foreign countries rush into it for the laudable purpose of +improving their condition. Their first duty to themselves is to open and +cultivate farms, to construct roads, to establish schools, to erect places +of religious worship, and to devote their energies generally to reclaim the +wilderness and to lay the foundations of a flourishing and prosperous +commonwealth. If in this incipient condition, with a population of a few +thousand, they should prematurely enter the Union, they are oppressed by +the burden of State taxation, and the means necessary for the improvement +of the Territory and the advancement of their own interests are thus +diverted to very different purposes. + +The Federal Government has ever been a liberal parent to the Territories +and a generous contributor to the useful enterprises of the early settlers. +It has paid the expenses of their governments and legislative assemblies +out of the common Treasury, and thus relieved them from a heavy charge. +Under these circumstances nothing can be better calculated to retard their +material progress than to divert them from their useful employments by +prematurely exciting angry political contests among themselves for the +benefit of aspiring leaders. It is surely no hardship for embryo governors, +Senators, and Members of Congress to wait until the number of inhabitants +shall equal those of a single Congressional district. They surely ought not +to be permitted to rush into the Union with a population less than one-half +of several of the large counties in the interior of some of the States. +This was the condition of Kansas when it made application to be admitted +under the Topeka constitution. Besides, it requires some time to render the +mass of a population collected in a new Territory at all homogeneous and to +unite them on anything like a fixed policy. Establish the rule, and all +will look forward to it and govern themselves accordingly. But justice to +the people of the several States requires that this rule should be +established by Congress. Each State is entitled to two Senators and at +least one Representative in Congress. Should the people of the States fail +to elect a Vice-President, the power devolves upon the Senate to select +this officer from the two highest candidates on the list. In case of the +death of the President, the Vice-President thus elected by the Senate +becomes President of the United States. On all questions of legislation the +Senators from the smallest States of the Union have an equal vote with +those from the largest. The same may be said in regard to the ratification +of treaties and of Executive appointments. All this has worked admirably in +practice, whilst it conforms in principle with the character of a +Government instituted by sovereign States. I presume no American citizen +would desire the slightest change in the arrangement. Still, is it not +unjust and unequal to the existing States to invest some 40,000 or 50,000 +people collected in a Territory with the attributes of sovereignty and +place them on an equal footing with Virginia and New York in the Senate of +the United States? + +For these reasons I earnestly recommend the passage of a general act which +shall provide that, upon the application of a Territorial legislature +declaring their belief that the Territory contains a number of inhabitants +which, if in a State, would entitle them to elect a Member of Congress, it +shall be the duty of the President to cause a census of the inhabitants to +be taken, and if found sufficient then by the terms of this act to +authorize them to proceed "in their own way" to frame a State constitution +preparatory to admission into the Union. I also recommend that an +appropriation may be made to enable the President to take a census of the +people of Kansas. + +The present condition of the Territory of Utah, when contrasted with what +it was one year ago, is a subject for congratulation. It was then in a +state of open rebellion, and, cost what it might, the character of the +Government required that this rebellion should be suppressed and the +Mormons compelled to yield obedience to the Constitution and the laws. In +order to accomplish this object, as I informed you in my last annual +message, I appointed a new governor instead of Brigham Young, and other +Federal officers to take the place of those who, consulting their personal +safety, had found it necessary to withdraw from the Territory. + +To protect these civil officers, and to aid them, as a posse comitatus, in +the execution of the laws in case of need, I ordered a detachment of the +Army to accompany them to Utah. The necessity for adopting these measures +is now demonstrated. + +On the 15th of September, 1857, Governor Young issued his proclamation, in +the style of an independent sovereign, announcing his purpose to resist by +force of arms the entry of the United States troops into our own Territory +of Utah. By this he required all the forces in the Territory to "hold +themselves in readiness to march at a moment's notice to repel any and all +such invasion," and established martial law from its date throughout the +Territory. These proved to be no idle threats. Forts Bridger and Supply +were vacated and burnt down by the Mormons to deprive our troops of a +shelter after their long and fatiguing march. Orders were issued by Daniel +H. Wells, styling himself "Lieutenant General, Nauvoo Legion," to stampede +the animals of the United States troops on their march, to set fire to +their trains, to burn the grass and the whole country before them and on +their flanks, to keep them from sleeping by night surprises, and to +blockade the road by felling trees and destroying the fords of rivers, +etc. + +These orders were promptly and effectually obeyed. On the 4th of October, +1857, the Mormons captured and burned, on Green River, three of our supply +trains, consisting of seventy-five wagons loaded with provisions and tents +for the army, and carried away several hundred animals. This diminished the +supply of provisions so materially that General Johnston was obliged to +reduce the ration, and even with this precaution there was only sufficient +left to subsist the troops until the 1st of June. + +Our little army behaved admirably in their encampment at Fort Bridger under +these trying privations. In the midst of the mountains, in a dreary, +unsettled, and inhospitable region, more than a thousand miles from home, +they passed the severe and inclement winter without a murmur. They looked +forward with confidence for relief from their country in due season, and in +this they were not disappointed. The Secretary of War employed all his +energies to forward them the necessary supplies and to muster and send such +a military force to Utah as would render resistance on the part of the +Mormons hopeless, and thus terminate the war without the effusion of blood. +In his efforts he was efficiently sustained by Congress. They granted +appropriations sufficient to cover the deficiency thus necessarily created, +and also provided for raising two regiments of volunteers "for the purpose +of quelling disturbances in the Territory of Utah, for the protection of +supply and emigrant trains, and the suppression of Indian hostilities on +the frontiers." Happily, there was no occasion to call these regiments into +service. If there had been, I should have felt serious embarrassment in +selecting them, so great was the number of our brave and patriotic citizens +anxious to serve their country in this distant and apparently dangerous +expedition. Thus it has ever been, and thus may it ever be. + +The wisdom and economy of sending sufficient reenforcements to Utah are +established, not only by the event, but in the opinion of those who from +their position and opportunities are the most capable of forming a correct +judgment. General Johnston, the commander of the forces, in addressing the +Secretary of War from Fort Bridger under date of October 18, 1857, +expresses the opinion that "unless a large force is sent here, from the +nature of the country a protracted war on their [the Mormons's] part is +inevitable." This he considered necessary to terminate the war "speedily +and more economically than if attempted by insufficient means." + +In the meantime it was my anxious desire that the Mormons should yield +obedience to the Constitution and the laws without rendering it necessary +to resort to military force. To aid in accomplishing this object, I deemed +it advisable in April last to dispatch two distinguished citizens of the +United States, Messrs. Powell and McCulloch, to Utah. They bore with them a +proclamation addressed by myself to the inhabitants of Utah, dated on the +6th day of that month, warning them of their true condition and how +hopeless it was on their part to persist in rebellion against the United +States, and offering all those who should submit to the laws a full pardon +for their past seditions and treasons. At the same time I assured those who +should persist in rebellion against the United States that they must expect +no further lenity, but look to be rigorously dealt with according to their +deserts. The instructions to these agents, as well as a copy of the +proclamation and their reports, are herewith submitted. It will be seen by +their report of the 3d of July last that they have fully confirmed the +opinion expressed by General Johnston in the previous October as to the +necessity of sending reenforcements to Utah. In this they state that they +"are firmly impressed with the belief that the presence of the Army here +and the large additional force that had been ordered to this Territory were +the chief inducements that caused the Mormons to abandon the idea of +resisting the authority of the United States. A less decisive policy would +probably have resulted in a long, bloody, and expensive war." + +These gentlemen conducted themselves to my entire satisfaction and rendered +useful services in executing the humane intentions of the Government. + +It also affords me great satisfaction to state that Governor Cumming has +performed his duty in an able and conciliatory manner and with the happiest +effect. I can not in this connection refrain from mentioning the valuable +services of Colonel Thomas L. Kane, who, from motives of pure benevolence +and without any official character or pecuniary compensation, visited Utah +during the last inclement winter for the purpose of contributing to the +pacification of the Territory. + +I am happy to inform you that the governor and other civil officers of Utah +are now performing their appropriate functions without resistance. The +authority of the Constitution and the laws has been fully restored and +peace prevails throughout the Territory. A portion of the troops sent to +Utah are now encamped in Cedar Valley, 44 miles southwest of Salt Lake +City, and the remainder have been ordered to Oregon to suppress Indian +hostilities. + +The march of the army to Salt Lake City through the Indian Territory has had +a powerful effect in restraining the hostile feelings against the United +States which existed among the Indians in that region and in securing +emigrants to the far West against their depredations. This will also be the +means of establishing military posts and promoting settlements along the +route. I recommend that the benefits of our land laws and preemption system +be extended to the people of Utah by the establishment of a land office in +that Territory. + +I have occasion also to congratulate you on the result of our negotiations +with China. + +You were informed by my last annual message that our minister had been +instructed to occupy a neutral position in the hostilities conducted by +Great Britain and France against Canton. He was, however, at the same time +directed to cooperate cordially with the British and French ministers in +all peaceful measures to secure by treaty those just concessions to foreign +commerce which the nations of the world had a right to demand. It was +impossible for me to proceed further than this on my own authority without +usurping the war-making power, which under the Constitution belongs +exclusively to Congress. + +Besides, after a careful examination of the nature and extent of our +grievances, I did not believe they were of such a pressing and aggravated +character as would have justified Congress in declaring war against the +Chinese Empire without first making another earnest attempt to adjust them +by peaceful negotiation. I was the more inclined to this opinion because of +the severe chastisement which had then but recently been inflicted upon the +Chinese by our squadron in the capture and destruction of the Barrier forts +to avenge an alleged insult to our flag. The event has proved the wisdom of +our neutrality. Our minister has executed his instructions with eminent +skill and ability. In conjunction with the Russian plenipotentiary, he has +peacefully, but effectually, cooperated with the English and French +plenipotentiaries, and each of the four powers has concluded a separate +treaty with China of a highly satisfactory character. The treaty concluded +by our own plenipotentiary will immediately be submitted to the Senate. + +I am happy to announce that through the energetic yet conciliatory efforts +of our consul-general in Japan a new treaty has been concluded with that +Empire, which may be expected materially to augment our trade and +intercourse in that quarter and remove from our countrymen the disabilities +which have heretofore been imposed upon the exercise of their religion. The +treaty shall be submitted to the Senate for approval without delay. + +It is my earnest desire that every misunderstanding with the Government of +Great Britain should be amicably and speedily adjusted. It has been the +misfortune of both countries, almost ever since the period of the +Revolution, to have been annoyed by a succession of irritating and +dangerous questions, threatening their friendly relations. This has +partially prevented the full development of those feelings of mutual +friendship between the people of the two countries so natural in themselves +and so conducive to their common interest. Any serious interruption of the +commerce between the United States and Great Britain would be equally +injurious to both. In fact, no two nations have ever existed on the face of +the earth which could do each other so much good or so much harm. + +Entertaining these sentiments, I am gratified to inform you that the +long-pending controversy between the two Governments in relation to the +question of visitation and search has been amicably adjusted. The claim on +the part of Great Britain forcibly to visit American vessels on the high +seas in time of peace could not be sustained under the law of nations, and +it had been overruled by her own most eminent jurists. This question was +recently brought to an issue by the repeated acts of British cruisers in +boarding and searching our merchant vessels in the Gulf of Mexico and the +adjacent seas. These acts were the more injurious and annoying, as these +waters are traversed by a large portion of the commerce and navigation of +the United States and their free and unrestricted use is essential to the +security of the coastwise trade between the different States of the Union. +Such vexatious interruptions could not fail to excite the feelings of the +country and to require the interposition of the Government. Remonstrances +were addressed to the British Government against these violations of our +rights of sovereignty, and a naval force was at the same time ordered to +the Cuban waters with directions "to protect all vessels of the United +States on the high seas from search or detention by the vessels of war of +any other nation." These measures received the unqualified and even +enthusiastic approbation of the American people. Most fortunately, however, +no collision took place, and the British Government promptly avowed its +recognition of the principles of international law upon this subject as +laid down by the Government of the United States in the note of the +Secretary of State to the British minister at Washington of April 10, 1858, +which secure the vessels of the United States upon the high seas from +visitation or search in time of peace under any circumstances whatever. The +claim has been abandoned in a manner reflecting honor on the British +Government and evincing a just regard for the law of nations, and can not +fail to strengthen the amicable relations between the two countries. + +The British Government at the same time proposed to the United States that +some mode should be adopted, by mutual arrangement between the two +countries, of a character which may be found effective without being +offensive, for verifying the nationality of vessels suspected on good +grounds of carrying false colors. They have also invited the United States +to take the initiative and propose measures for this purpose. Whilst +declining to assume so grave a responsibility, the Secretary of State has +informed the British Government that we are ready to receive any proposals +which they may feel disposed to offer having this object in view, and to +consider them in an amicable spirit. A strong opinion is, however, +expressed that the occasional abuse of the flag of any nation is an evil +far less to be deprecated than would be the establishment of any +regulations which might be incompatible with the freedom of the seas. This +Government has yet received no communication specifying the manner in which +the British Government would propose to carry out their suggestion, and I +am inclined to believe that no plan which can be devised will be free from +grave embarrassments. Still, I shall form no decided opinion on the subject +until I shall have carefully and in the best spirit examined any proposals +which they may think proper to make. + +I am truly sorry I can not also inform you that the complications between +Great Britain and the United States arising out of the Clayton and Bulwer +treaty of April, 1850, have been finally adjusted. + +At the commencement of your last session I had reason to hope that, +emancipating themselves from further unavailing discussions, the two +Governments would proceed to settle the Central American questions in a +practical manner, alike honorable and satisfactory to both; and this hope I +have not yet abandoned. In my last annual message I stated that overtures +had been made by the British Government for this purpose in a friendly +spirit, which I cordially reciprocated. Their proposal was to withdraw +these questions from direct negotiation between the two Governments, but to +accomplish the same object by a negotiation between the British Government +and each of the Central American Republics whose territorial interests are +immediately involved. The settlement was to be made in accordance with the +general tenor of the interpretation placed upon the Clayton and Bulwer +treaty by the United States, with certain modifications. As negotiations +are still pending upon this basis, it would not be proper for me now to +communicate their present condition. A final settlement of these questions +is greatly to be desired, as this would wipe out the last remaining subject +of dispute between the two countries. + +Our relations with the great Empires of France and Russia, as well as with +all other Governments on the continent of Europe, except that of Spain, +continue to be of the most friendly character. + +With Spain our relations remain in an unsatisfactory condition. In my +message of December last I informed you that our envoy extraordinary and +minister plenipotentiary to Madrid had asked for his recall, and it was my +purpose to send out a new minister to that Court with special instructions +on all questions pending between the two Governments, and with a +determination to have them speedily and amicably adjusted if that were +possible. This purpose has been hitherto defeated by causes which I need +not enumerate. The mission to Spain has been intrusted to a distinguished +citizen of Kentucky, who will proceed to Madrid without delay and make +another and a final attempt to obtain justice from that Government. + +Spanish officials under the direct control of the Captain-General of Cuba +have insulted our national flag and in repeated instances have from time to +time inflicted injuries on the persons and property of our citizens. These +have given birth to numerous claims against the Spanish Government, the +merits of which have been ably discussed for a series of years by our +successive diplomatic representatives. Notwithstanding this, we have not +arrived at a practical result in any single instance, unless we may except +the case of the Black Warrior, under the late Administration, and that +presented an outrage of such a character as would have justified an +immediate resort to war. All our attempts to obtain redress have been +baffled and defeated. The frequent and oft-recurring changes in the Spanish +ministry have been employed as reasons for delay. We have been compelled to +wait again and again until the new minister shall have had time to +investigate the justice of our demands. + +Even what have been denominated "the Cuban claims," in which more than 100 +of our citizens are directly interested, have furnished no exception. These +claims were for the refunding of duties unjustly exacted from American +vessels at different custom-houses in Cuba so long ago as the year 1844. +The principles upon which they rest are so manifestly equitable and just +that, after a period of nearly ten years, in 1854 they were recognized by +the Spanish Government. Proceedings were afterwards instituted to ascertain +their amount, and this was finally fixed, according to their own statement +(with which we were satisfied), at the sum of $128,635.54. Just at the +moment, after a delay of fourteen years, when we had reason to expect that +this sum would be repaid with interest, we have received a proposal +offering to refund one-third of that amount ($42,878.41), but without +interest, if we would accept this in full satisfaction. The offer is also +accompanied by a declaration that this indemnification is not founded on +any reason of strict justice, but is made as a special favor. + +One alleged cause for procrastination in the examination and adjustment of +our claims arises from an obstacle which it is the duty of the Spanish +Government to remove. Whilst the Captain-General of Cuba is invested with +general despotic authority in the government of that island, the power is +withheld from him to examine and redress wrongs committed by officials +under his control on citizens of the United States. Instead of making our +complaints directly to him at Havana, we are obliged to present them +through our minister at Madrid. These are then referred back to the +Captain-General for information, and much time is thus consumed in +preliminary investigations and correspondence between Madrid and Cuba +before the Spanish Government will consent to proceed to negotiation. Many +of the difficulties between the two Governments would be obviated and a +long train of negotiation avoided if the Captain-General were invested with +authority to settle questions of easy solution on the spot, where all the +facts are fresh and could be promptly and satisfactorily ascertained. We +have hitherto in vain urged upon the Spanish Government to confer this +power upon the Captain-General, and our minister to Spain will again be +instructed to urge this subject on their notice. In this respect we occupy +a different position from the powers of Europe. Cuba is almost within sight +of our shores; our commerce with it is far greater than that of any other +nation, including Spain itself, and our citizens are in habits of daily and +extended personal intercourse with every part of the island. It is +therefore a great grievance that when any difficulty occurs, no matter how +unimportant, which might be readily settled at the moment, we should be +obliged to resort to Madrid, especially when the very first step to be +taken there is to refer it back to Cuba. + +The truth is that Cuba, in its existing colonial condition, is a constant +source of injury and annoyance to the American people. It is the only spot +in the civilized world where the African slave trade is tolerated, and we +are bound by treaty with Great Britain to maintain a naval force on the +coast of Africa, at much expense both of life and treasure, solely for the +purpose of arresting slavers bound to that island. The late serious +difficulties between the United States and Great Britain respecting the +right of search, now so happily terminated, could never have arisen if Cuba +had not afforded a market for slaves. As long as this market shall remain +open there can be no hope for the civilization of benighted Africa. Whilst +the demand for slaves continues in Cuba wars will be waged among the petty +and barbarous chiefs in Africa for the purpose of seizing subjects to +supply this trade. In such a condition of affairs it is impossible that the +light of civilization and religion can ever penetrate these dark abodes. + +It has been made known to the world by my predecessors that the United +States have on several occasions endeavored to acquire Cuba from Spain by +honorable negotiation. If this were accomplished, the last relic of the +African slave trade would instantly disappear. We would not, if we could, +acquire Cuba in any other manner. This is due to our national character. +All the territory which we have acquired since the origin of the Government +has been by fair purchase from France, Spain, and Mexico or by the free and +voluntary act of the independent State of Texas in blending her destinies +with our own. This course we shall ever pursue, unless circumstances should +occur which we do not now anticipate, rendering a departure from it clearly +justifiable under the imperative and overruling law of self-preservation. +The island of Cuba, from its geographical position, commands the mouth of +the Mississippi and the immense and annually increasing trade, foreign and +coastwise, from the valley of that noble river, now embracing half the +sovereign States of the Union. With that island under the dominion of a +distant foreign power this trade, of vital importance to these States, is +exposed to the danger of being destroyed in time of war, and it has +hitherto been subjected to perpetual injury and annoyance in time of peace. +Our relations with Spain, which ought to be of the most friendly character, +must always be placed in jeopardy whilst the existing colonial government +over the island shall remain in its present condition. + +Whilst the possession of the island would be of vast importance to the +United States, its value to Spain is comparatively unimportant. Such was +the relative situation of the parties when the great Napoleon transferred +Louisiana to the United States. Jealous as he ever was of the national +honor and interests of France, no person throughout the world has imputed +blame to him for accepting a pecuniary equivalent for this cession. + +The publicity which has been given to our former negotiations upon this +subject and the large appropriation which may be required to effect the +purpose render it expedient before making another attempt to renew the +negotiation that I should lay the whole subject before Congress. This is +especially necessary, as it may become indispensable to success that I +should be intrusted with the means of making an advance to the Spanish +Government immediately after the signing of the treaty, without awaiting +the ratification of it by the Senate. I am encouraged to make this +suggestion by the example of Mr. Jefferson previous to the purchase of +Louisiana from France and by that of Mr. Polk in view of the acquisition of +territory from Mexico. I refer the whole subject to Congress and commend it +to their careful consideration. + +I repeat the recommendation made in my message of December last in favor of +an appropriation "to be paid to the Spanish Government for the purpose of +distribution among the claimants in the Amistad case." President Polk first +made a similar recommendation in December, 1847, and it was repeated by my +immediate predecessor in December, 1853. I entertain no doubt that +indemnity is fairly due to these claimants under our treaty with Spain of +October 27, 1795; and whilst demanding justice we ought to do justice. An +appropriation promptly made for this purpose could not fail to exert a +favorable influence on our negotiations with Spain. + +Our position in relation to the independent States south of us on this +continent, and especially those within the limits of North America, is of a +peculiar character. The northern boundary of Mexico is coincident with our +own southern boundary from ocean to ocean, and we must necessarily feel a +deep interest in all that concerns the well-being and the fate of so near a +neighbor. We have always cherished the kindest wishes for the success of +that Republic, and have indulged the hope that it might at last, after all +its trials, enjoy peace and prosperity under a free and stable government. +We have never hitherto interfered, directly or indirectly, with its +internal affairs, and it is a duty which we owe to ourselves to protect the +integrity of its territory against the hostile interference of any other +power. Our geographical position, our direct interest in all that concerns +Mexico, and our well-settled policy in regard to the North American +continent render this an indispensable duty. + +Mexico has been in a state of constant revolution almost ever since it +achieved its independence. One military leader after another has usurped +the Government in rapid succession, and the various constitutions from time +to time adopted have been set at naught almost as soon as they were +proclaimed. The successive Governments have afforded no adequate +protection, either to Mexican citizens or foreign residents, against +lawless violence. Heretofore a seizure of the capital by a military +chieftain has been generally followed by at least the nominal submission of +the country to his rule for a brief period, but not so at the present +crisis of Mexican affairs. A civil war has been raging for some time +throughout the Republic between the central Government at the City of +Mexico, which has endeavored to subvert the constitution last framed by +military power, and those who maintain the authority of that constitution. +The antagonist parties each hold possession of different States of the +Republic, and the fortunes of the war are constantly changing. Meanwhile +the most reprehensible means have been employed by both parties to extort +money from foreigners, as well as natives, to carry on this ruinous +contest. The truth is that this fine country, blessed with a productive +soil and a benign climate, has been reduced by civil dissension to a +condition of almost hopeless anarchy and imbecility. It would be vain for +this Government to attempt to enforce payment in money of the claims of +American citizens, now amounting to more than $10,000,000, against Mexico, +because she is destitute of all pecuniary means to satisfy these demands. + +Our late minister was furnished with ample powers and instructions for the +adjustment of all pending questions with the central Government of Mexico, +and he performed his duty with zeal and ability. The claims of our +citizens, some of them arising out of the violation of an express provision +of the treaty of Guadalupe Hidalgo, and others from gross injuries to +persons as well as property, have remained unredressed and even unnoticed. +Remonstrances against these grievances have been addressed without effect +to that Government. Meantime in various parts of the Republic instances +have been numerous of the murder, imprisonment, and plunder of our citizens +by different parties claiming and exercising a local jurisdiction; but the +central Government, although repeatedly urged thereto, have made no effort +either to punish the authors of these outrages or to prevent their +recurrence. No American citizen can now visit Mexico on lawful business +without imminent danger to his person and property. There is no adequate +protection to either, and in this respect our treaty with that Republic is +almost a dead letter. + +This state of affairs was brought to a crisis in May last by the +promulgation of a decree levying a contribution pro rata upon all the +capital in the Republic between certain specified amounts, whether held by +Mexicans or foreigners. Mr. Forsyth, regarding this decree in the light of +a "forced loan," formally protested against its application to his +countrymen and advised them not to pay the contribution, but to suffer it +to be forcibly exacted. Acting upon this advice, an American citizen +refused to pay the contribution, and his property was seized by armed men +to satisfy the amount. Not content with this, the Government proceeded +still further and issued a decree banishing him from the country. Our +minister immediately notified them that if this decree should be carried +into execution he would feel it to be his duty to adopt "the most decided +measures that belong to the powers and obligations of the representative +office." Notwithstanding this warning, the banishment was enforced, and Mr. +Forsyth promptly announced to the Government the suspension of the +political relations of his legation with them until the pleasure of his own +Government should be ascertained. + +This Government did not regard the contribution imposed by the decree of +the 15th May last to be in strictness a "forced loan," and as such +prohibited by the tenth article of the treaty of 1826 between Great Britain +and Mexico, to the benefits of which American citizens are entitled by +treaty; yet the imposition of the contribution upon foreigners was +considered an unjust and oppressive measure. Besides, internal factions in +other parts of the Republic were at the same time levying similar exactions +upon the property of our citizens and interrupting their commerce. There +had been an entire failure on the part of our minister to secure redress +for the wrongs which our citizens had endured, notwithstanding his +persevering efforts. And from the temper manifested by the Mexican +Government he had repeatedly assured us that no favorable change could be +expected until the United States should "give striking evidence of their +will and power to protect their citizens," and that "severe chastening is +the only earthly remedy for our grievances." From this statement of facts +it would have been worse than idle to direct Mr. Forsyth to retrace his +steps and resume diplomatic relations with that Government, and it was +therefore deemed proper to sanction his withdrawal of the legation from the +City of Mexico. + +Abundant cause now undoubtedly exists for a resort to hostilities against +the Government still holding possession of the capital. Should they succeed +in subduing the constitutional forces, all reasonable hope will then have +expired of a peaceful settlement of our difficulties. On the other hand, +should the constitutional party prevail and their authority be established +over the Republic, there is reason to hope that they will be animated by a +less unfriendly spirit and may grant that redress to American citizens +which justice requires so far as they may possess the means. But for this +expectation I should at once have recommended to Congress to grant the +necessary power to the President to take possession of a sufficient portion +of the remote and unsettled territory of Mexico, to be held in pledge until +our injuries shall be redressed and our just demands be satisfied. We have +already exhausted every milder means of obtaining justice. In such a case +this remedy of reprisals is recognized by the law of nations, not only as +just in itself, but as a means of preventing actual war. + +But there is another view of our relations with Mexico, arising from the +unhappy condition of affairs along our southwestern frontier, which demands +immediate action. In that remote region, where there are but few white +inhabitants, large bands of hostile and predatory Indians roam +promiscuously over the Mexican States of Chihuahua and Sonora and our +adjoining Territories. The local governments of these States are perfectly +helpless and are kept in a state of constant alarm by the Indians. They +have not the power, if they possessed the will, even to restrain lawless +Mexicans from passing the border and committing depredations on our remote +settlers. A state of anarchy and violence prevails throughout that distant +frontier. The laws are a dead letter and life and property wholly insecure. +For this reason the settlement of Arizona is arrested, whilst it is of +great importance that a chain of inhabitants should extend all along its +southern border sufficient for their own protection and that of the United +States mail passing to and from California. Well-founded apprehensions are +now entertained that the Indians and wandering Mexicans, equally lawless, +may break up the important stage and postal communication recently +established between our Atlantic and Pacific possessions. This passes very +near to the Mexican boundary throughout the whole length of Arizona. I can +imagine no possible remedy for these evils and no mode of restoring law and +order on that remote and unsettled frontier but for the Government of the +United States to assume a temporary protectorate over the northern portions +of Chihuahua and Sonora and to establish military posts within the same; +and this I earnestly recommend to Congress. This protection may be +withdrawn as soon as local governments shall be established in these +Mexican States capable of performing their duties to the United States, +restraining the lawless, and preserving peace along the border. + +I do not doubt that this measure will be viewed in a friendly spirit by the +governments and people of Chihuahua and Sonora, as it will prove equally +effectual for the protection of their citizens on that remote and lawless +frontier as for citizens of the United States. And in this connection +permit me to recall your attention to the condition of Arizona. The +population of that Territory, numbering, as is alleged, more than 10,000 +souls, are practically without a government, without laws, and without any +regular administration of justice. Murder and other crimes are committed +with impunity. This state of things calls loudly for redress, and I +therefore repeat my recommendation for the establishment of a Territorial +government over Arizona. + +The political condition of the narrow isthmus of Central America, through +which transit routes pass between the Atlantic and Pacific oceans, presents +a subject of deep interest to all commercial nations. It is over these +transits that a large proportion of the trade and travel between the +European and Asiatic continents is destined to pass. To the United States +these routes are of incalculable importance as a means of communication +between their Atlantic and Pacific possessions. The latter now extend +throughout seventeen degrees of latitude on the Pacific coast, embracing +the important State of California and the flourishing territories of Oregon +and Washington. All commercial nations therefore have a deep and direct +interest that these communications shall be rendered secure from +interruption. If an arm of the sea connecting the two oceans penetrated +through Nicaragua and Costa Rica, it could not be pretended that these +States would have the right to arrest or retard its navigation to the +injury of other nations. The transit by land over this narrow isthmus +occupies nearly the same position. It is a highway in which they themselves +have little interest when compared with the vast interests of the rest of +the world. Whilst their rights of sovereignty ought to be respected, it is +the duty of other nations to require that this important passage shall not +be interrupted by the civil wars and revolutionary outbreaks which have so +frequently occurred in that region. The stake is too important to be left +at the mercy of rival companies claiming to hold conflicting contracts with +Nicaragua. The commerce of other nations is not to stand still and await +the adjustment of such petty controversies. The Government of the United +States expect no more than this, and they will not be satisfied with less. +They would not, if they could, derive any advantage from the Nicaragua +transit not common to the rest of the World. Its neutrality and protection +for the common use of all nations is their only object. They have no +objection that Nicaragua shall demand and receive a fair compensation from +the companies and individuals who may traverse the route, but they insist +that it shall never hereafter be closed by an arbitrary decree of that +Government. If disputes arise between it and those with whom they may have +entered into contracts, these must be adjusted by some fair tribunal +provided for the purpose, and the route must not be closed pending the +controversy. This is our whole policy, and it can not fail to be acceptable +to other nations. + +All these difficulties might be avoided if, consistently with the good +faith of Nicaragua, the use of this transit could be thrown open to general +competition, providing at the same time for the payment of a reasonable +rate to the Nicaraguan Government on passengers and freight. In August, +1852, the Accessory Transit Company made its first interoceanic trip over +the Nicaraguan route, and continued in successful operation, with great +advantage to the public, until the 18th February, 1856, when it was closed +and the grant to this company as well as its charter were summarily and +arbitrarily revoked by the Government of President Rivas. Previous to this +date, however, in 1854, serious disputes concerning the settlement of their +accounts had arisen between the company and the Government, threatening the +interruption of the route at any moment. These the United States in vain +endeavored to compose. It would be useless to narrate the various +proceedings which took place between the parties up till the time when the +transit was discontinued. Suffice it to say that since February, 1856, it +has remained closed, greatly to the prejudice of citizens of the United +States. Since that time the competition has ceased between the rival routes +of Panama and Nicaragua, and in consequence thereof an unjust and +unreasonable amount has been exacted from our citizens for their passage to +and from California. + +A treaty was signed on the 16th day of November, 1857, by the Secretary of +State and minister of Nicaragua, under the stipulations of which the use +and protection of the transit route would have been secured, not only to +the United States, but equally to all other nations. How and on what +pretext this treaty has failed to receive the ratification of the +Nicaraguan Government will appear by the papers herewith communicated from +the State Department. The principal objection seems to have been to the +provision authorizing the United States to employ force to keep the route +open in case Nicaragua should fail to perform her duty in this respect. +From the feebleness of that Republic, its frequent changes of government, +and its constant internal dissensions, this had become a most important +stipulation, and one essentially necessary, not only for the security of +the route, but for the safety of American citizens passing and repassing to +and from our Pacific possessions. Were such a stipulation embraced in a +treaty between the United States and Nicaragua, the knowledge of this fact +would of itself most probably prevent hostile parties from committing +aggressions on the route, and render our actual interference for its +protection unnecessary. + +The executive government of this country in its intercourse with foreign +nations is limited to the employment of diplomacy alone. When this fails it +can proceed no further. It can not legitimately resort to force without the +direct authority of Congress, except in resisting and repelling hostile +attacks. It would have no authority to enter the territories of Nicaragua +even to prevent the destruction of the transit and protect the lives and +property of our own citizens on their passage. It is true that on a sudden +emergency of this character the President would direct any armed force in +the vicinity to march to their relief, but in doing this he would act upon +his own responsibility. + +Under these circumstances I earnestly recommend to Congress the passage of +an act authorizing the president, under such restrictions as they may deem +proper, to employ the land and naval forces of the United States in +preventing the transit from being obstructed or closed by lawless violence, +and in protecting the lives and property of American citizens traveling +thereupon, requiring at the same time that these forces shall be withdrawn +the moment the danger shall have passed away. Without such a provision our +citizens will be constantly exposed to interruption in their progress and +to lawless violence. + +A similar necessity exists for the passage of such an act for the +protection of the Panama and Tehuantepec routes. In reference to the Panama +route, the United States, by their existing treaty with New Granada, +expressly guarantee the neutrality of the Isthmus, "with the view that the +free transit from the one to the other sea may not be interrupted or +embarrassed in any future time while this treaty exists." + +In regard to the Tehuantepec route, which has been recently opened under +the most favorable auspices, our treaty with Mexico of the 30th December, +1853, secures to the citizens of the United States a right of transit over +it for their persons and merchandise and stipulates that neither Government +shall "interpose any obstacle" thereto. It also concedes to the United +States the "right to transport across the Isthmus, in closed bags, the +mails of the United States not intended for distribution along the line of +the communication; also the effects of the United States Government and its +citizens which may be intended for transit and not for distribution on the +Isthmus, free of custom-house or other charges by the Mexican Government." + +These treaty stipulations with New Granada and Mexico, in addition to the +considerations applicable to the Nicaragua route, seem to require +legislation for the purpose of carrying them into effect. + +The injuries which have been inflicted upon our citizens in Costa Rica and +Nicaragua during the last two or three years have received the prompt +attention of this Government. Some of these injuries were of the most +aggravated character. The transaction at Virgin Bay in April, 1856, when a +company of unarmed Americans, who were in no way connected with any +belligerent conduct or party, were fired upon by the troops of Costa Rica +and numbers of them killed and wounded, was brought to the knowledge of +Congress by my predecessor soon after its occurrence, and was also +presented to the Government of Costa Rica for that immediate investigation +and redress which the nature of the case demanded. A similar course was +pursued with reference to other outrages in these countries, some of which +were hardly less aggravated in their character than the transaction at +Virgin Bay. At the time, however, when our present minister to Nicaragua +was appointed, in December, 1857, no redress had been obtained for any of +these wrongs and no reply even had been received to the demands which had +been made by this Government upon that of Costa Rica more than a year +before. Our minister was instructed, therefore, to lose no time in +expressing to those Governments the deep regret with which the President +had witnessed this inattention to the just claims of the United States and +in demanding their prompt and satisfactory adjustment. Unless this demand +shall be complied with at an early day it will only remain for this +Government to adopt such other measures as may be necessary in order to +obtain for itself that justice which it has in vain attempted to secure by +peaceful means from the Governments of Nicaragua and Costa Rica. While it +has shown, and will continue to show, the most sincere regard for the +rights and honor of these Republics, it can not permit this regard to be +met by an utter neglect on their part of what is due to the Government and +citizens of the United States. + +Against New Granada we have long-standing causes of complaint, arising out +of the unsatisfied claims of our citizens upon that Republic, and to these +have been more recently added the outrages committed upon our citizens at +Panama in April, 1856. A treaty for the adjustment of these difficulties +was concluded by the Secretary of State and the minister of New Granada in +September, 1857, which contained just and acceptable provisions for that +purpose. This treaty was transmitted to Bogota and was ratified by the +Government of New Granada, but with certain amendments. It was not, +however, returned to this city until after the close of the last session of +the Senate. It will be immediately transmitted to that body for their +advice and consent, and should this be obtained it will remove all our +existing causes of complaint against New Granada on the subject of claims. + +Questions have arisen between the two Governments as to the right of New +Granada to levy a tonnage duty upon the vessels of the United States in its +ports of the Isthmus and to levy a passenger tax upon our citizens arriving +in that country, whether with a design to remain there or to pass from +ocean to ocean by the transit route; and also a tax upon the mail of the +United States transported over the Panama Railroad. The Government of New +Granada has been informed that the United States would consider the +collection of either of these taxes as an act in violation of the treaty +between the two countries, and as such would be resisted by the United +States. At the same time, we are prepared to discuss these questions in a +spirit of amity and justice and with a sincere desire to adjust them in a +satisfactory manner. A negotiation for that purpose has already been +commenced. No effort has recently been made to collect these taxes nor is +any anticipated under present circumstances. + +With the Empire of Brazil our relations are of the most friendly character. +The productions of the two countries, and especially those of an +agricultural nature, are such as to invite extensive mutual exchanges. A +large quantity of American flour is consumed in Brazil, whilst more than +treble the amount in value of Brazilian coffee is consumed in the United +States. Whilst this is the case, a heavy duty has been levied until very +recently upon the importation of American flour into Brazil. I am +gratified, however, to be able to inform you that in September last this +has been reduced from $1.32 to about 49 cents per barrel, and the duties on +other articles of our production have been diminished in nearly the same +proportion. + +I regret to state that the Government of Brazil still continues to levy an +export duty of about 11 per cent on coffee, notwithstanding this article is +admitted free from duty in the United States. This is a heavy charge upon +the consumers of coffee in our country, as we purchase half of the entire +surplus crop of that article raised in Brazil. Our minister, under +instructions, will reiterate his efforts to have this export duty removed, +and it is hoped that the enlightened Government of the Emperor will adopt +this wise, just, and equal policy. In that event, there is good reason to +believe that the commerce between the two countries will greatly increase, +much to the advantage of both. The claims of our citizens against the +Government of Brazil are not in the aggregate of very large amount; but +some of these rest upon plain principles of justice and their settlement +ought not to be longer delayed. A renewed and earnest, and I trust a +successful, effort will be made by our minister to procure their final +adjustment. + +On the 2d of June last Congress passed a joint resolution authorizing the +President "to adopt such measures and use such force as in his judgment may +be necessary and advisable" "for the purpose of the differences between +the United States and the Republic of Paraguay, in connection with the +attack on the United States steamer Water Witch and with other measures +referred to" in his annual message, and on the 12th of July following they +made an appropriation to defray the expenses and compensation of a +commissioner to that Republic should the President deem it proper to make +such all appointment. + +In compliance with these enactments, I have appointed a commissioner, who +has proceeded to Paraguay with full powers and instructions to settle these +differences in an amicable and peaceful manner if this be practicable. His +experience and discretion justify the hope that he may prove successful in +convincing the Paraguayan Government that it is due both to honor and +justice that they should voluntarily and promptly make atonement for the +wrongs which they have committed against the United States and indemnify +our injured citizens whom they have forcibly despoiled of their property. + +Should our commissioner prove unsuccessful after a sincere and earnest +effort to accomplish the object of his mission, then no alternative will +remain but the employment of force to obtain "just satisfaction" from +Paraguay. In view of this contingency, the Secretary of the Navy, under my +direction, has fitted out and dispatched a naval force to rendezvous near +Buenos Ayres, which, it is believed, will prove sufficient for the +occasion. It is my earnest desire, however, that it may not be found +necessary to resort to this last alternative. + +When Congress met in December last the business of the country had just +been crushed by one of those periodical revulsions which are the inevitable +consequence of our unsound and extravagant system of bank credits and +inflated currency. With all the elements of national wealth in abundance, +our manufactures were suspended, our useful public and private enterprises +were arrested, and thousands of laborers were deprived of employment and +reduced to want. Universal distress prevailed among the commercial, +manufacturing, and mechanical classes. This revulsion was felt the more +severely in the United States because similar causes had produced the like +deplorable effects throughout the commercial nations of Europe. All were +experiencing sad reverses at the same moment. Our manufacturers everywhere +suffered severely, not because of the recent reduction in the tariff of +duties on imports, but because there was no demand at any price for their +productions. The people were obliged to restrict themselves in their +purchases to articles of prime necessity. In the general prostration of +business the iron manufacturers in different States probably suffered more +than any other class, and much destitution was the inevitable consequence +among the great number of workmen who had been employed in this useful +branch of industry. There could be no supply where there was no demand. To +present an example, there could be no demand for railroad iron after our +magnificent system of railroads, extending its benefits to every portion of +the Union, had been brought to a dead pause. The same consequences have +resulted from similar causes to many other branches of useful manufactures. +It is self-evident that where there is no ability to purchase manufactured +articles these can not be sold, and consequently must cease to be +produced. + +No government, and especially a government of such limited powers as that +of the United States, could have prevented the late revulsion. The whole +commercial world seemed for years to have been rushing to this catastrophe. +The same ruinous consequences would have followed in the United States +whether the duties upon foreign imports had remained as they were under the +tariff of 1846 or had been raised to a much higher standard. The tariff of +1857 had no agency in the result. The general causes existing throughout +the world could not have been controlled by the legislation of any +particular country. + +The periodical revulsions which have existed in our past history must +continue to return at intervals so long as our present unbounded system of +bank credits shall prevail. They will, however, probably be the less severe +in future, because it is not to be expected, at least for many years to +come, that the commercial nations of Europe, with whose interests our own +are so materially involved, will expose themselves to similar calamities. +But this subject was treated so much at large in my last annual message +that I shall not now pursue it further. Still, I respectfully renew the +recommendation in favor of the passage of a uniform bankrupt law applicable +to banking institutions. This is all the direct power over the subject +which I believe the Federal Government possesses. Such a law would +mitigate, though it might not prevent, the evil. The instinct of +self-preservation might produce a wholesome restraint upon their banking +business if they knew in advance that a suspension of specie payments would +inevitably produce their civil death. + +But the effects of the revulsion are now slowly but surely passing away. +The energy and enterprise of our citizens, with our unbounded resources, +will within the period of another year restore a state of wholesome +industry and trade. Capital has again accumulated in our large cities. The +rate of interest is there very low. Confidence is gradually reviving, and +so soon as it is discovered that this capital can be profitably employed in +commercial and manufacturing enterprises and in the construction of +railroads and other works of public and private improvement prosperity will +again smile throughout the land. It is vain, however, to disguise the fact +from ourselves that a speculative inflation of our currency without a +corresponding inflation in other countries whose manufactures come into +competition with our own must ever produce disastrous results to our +domestic manufactures. No tariff short of absolute prohibition can prevent +these evil consequences. In connection with this subject it is proper to +refer to our financial condition. The same causes which have produced +pecuniary distress throughout the country have so reduced the amount of +imports from foreign countries that the revenue has proved inadequate to +meet the necessary expenses of the Government. To supply the deficiency, +Congress, by the act of December 23, 1857, authorized the issue of +$20,000,000 of Treasury notes; and this proving inadequate, they +authorized, by the act of June 14, 1858, a loan of $20,000,000, to be +applied to the payment of appropriations made by law." + +No statesman would advise that we should go on increasing the national debt +to meet the ordinary expenses of the Government. This would be a most +ruinous policy. In case of war our credit must be our chief resource, at +least for the first year, and this would be greatly impaired by having +contracted a large debt in time of peace. It is our true policy to increase +our revenue so as to equal our expenditures. It would be ruinous to +continue to borrow. Besides, it may be proper to observe that the +incidental protection thus afforded by a revenue tariff would at the +present moment to some extent increase the confidence of the manufacturing +interests and give a fresh impulse to our reviving business. To this surely +no person will object. + +In regard to the mode of assessing and collecting duties under a strictly +revenue tariff, I have long entertained and often expressed the opinion +that sound policy requires this should be done by specific duties in cases +to which these can be properly applied. They are well adapted to +commodities which are usually sold by weight or by measure, and which from +their nature are of equal or of nearly equal value. Such, for example, are +the articles of iron of different classes, raw sugar, and foreign wines and +spirits. + +In my deliberate judgment specific duties are the best, if not the only, +means of securing the revenue against false and fraudulent invoices, and +such has been the practice adopted for this purpose by other commercial +nations. Besides, specific duties would afford to the American manufacturer +the incidental advantages to which he is fairly entitled under a revenue +tariff. The present system is a sliding scale to his disadvantage. Under +it, when prices are high and business prosperous, the duties rise in amount +when he least requires their aid. On the contrary, when prices fall and he +is struggling against adversity, the duties are diminished in the same +proportion, greatly to his injury. Neither would there be danger that a +higher rate of duty than that intended by Congress could be levied in the +form of specific duties. It would be easy to ascertain the average value of +any imported article for a series of years, and, instead of subjecting it +to an ad valorem duty at a certain rate per centum, to substitute in its +place an equivalent specific duty. + +By such an arrangement the consumer would not be injured. It is true he +might have to pay a little more duty on a given article in one year, but, +if so, he would pay a little less in another, and in a series of years +these would counterbalance each other and amount to the same thing so far +as his interest is concerned. This inconvenience would be trifling when +contrasted with the additional security thus afforded against frauds upon +the revenue, in which every consumer is directly interested. + +I have thrown out these suggestions as the fruit of my own observation, to +which Congress, in their better judgment, will give such weight as they may +justly deserve. + +The report of the Secretary of the Treasury will explain in detail the +operations of that Department of the Government. The receipts into the +Treasury from all sources during the fiscal year ending June 30, 1858, +including the Treasury notes authorized by the act of December 23, 1857, +were $70,273,869.59, which amount, with the balance of $17,710,114.27 +remaining in the Treasury at the commencement of the year, made an +aggregate for the service of the year of $87,983,983.86. + +The public expenditures during the fiscal year ending June 30, 1858, +amounted to $81,585,667.76, of which $9,684,537.99 were applied to the +payment of the public debt and the redemption of Treasury notes with the +interest thereon, leaving in the Treasury on July 1, 1858, being the +commencement of the present fiscal year, $6,398,316.10. + +The receipts into the Treasury during the first quarter of the present +fiscal year, commencing the 1st of July, 1858, including one-half of the +loan of $20,000,000, with the premium upon it, authorized by the act of +June 14, 1858, were $25,230,879.46, and the estimated receipts for the +remaining three quarters to the 30th of June, 1859, from ordinary sources +are $38,500,000, making, with the balance before stated, an aggregate of +$70,129,195.56. + +The expenditures during the first quarter of the present fiscal year were +$21,708,198.51, of which $1,010,142.37 were applied to the payment of the +public debt and the redemption of Treasury notes and the interest thereon. +The estimated expenditures during the remaining three quarters to June 30, +1859, are $52,357,698.48, making an aggregate of $74,065,896.99, being an +excess of expenditure beyond the estimated receipts into the Treasury from +ordinary sources during the fiscal year to the 30th of June, 1859, of +$3,936,701.43. Extraordinary means are placed by law within the command of +the Secretary of the Treasury, by the reissue of Treasury notes redeemed +and by negotiating the balance of the loan authorized by the act of June +14, 1858, to the extent of $11,000,000, which, if realized during the +present fiscal year, will leave a balance in the Treasury on the 1st day of +July, 1859, of $7,063,298.57. + +The estimated receipts during the next fiscal year, ending June 30, 1860, +are $62,000,000, which, with the above-estimated balance of $7,063,298.57 +make an aggregate for the service of the next fiscal year of +$69,063,298.57. The estimated expenditures during the next fiscal year, +ending June 30, 1860, are $73,139,147.46, which leaves a deficit of +estimated means, compared with the estimated expenditures, for that year, +commencing on July 1, 1859, of $4,075,848.89. + +In addition to this sum the Postmaster-General will require from the +Treasury for the service of the Post-Office Department $3,838,728, as +explained in the report of the Secretary of the Treasury, which will +increase the estimated deficit on June 30, 1860, to $7,914,576.89. To +provide for the payment of this estimated deficiency, which will be +increased by such appropriations as may be made by Congress not estimated +for in the report of the Treasury Department, as well as to provide for the +gradual redemption from year to year of the outstanding Treasury notes, the +Secretary of the Treasury recommends such a revision of the present tariff +as will raise the required amount. After what I have already said I need +scarcely add that I concur in the opinion expressed in his report--that the +public debt should not be increased by an additional loan--and would +therefore strongly urge upon Congress the duty of making at their present +session the necessary provision for meeting these liabilities. + +The public debt on July 1, 1858, the commencement of the present fiscal +year, was $25,155,977.66. + +During the first quarter of the present year the sum of $10,000,000 has +been negotiated of the loan authorized by the act of June 14, 1858, making +the present outstanding public debt, exclusive of Treasury notes, +$35,155,977.66. There was on the 1st of July, 1858, of Treasury notes +issued by authority of the act of December 23, 1857, unredeemed, the sum of +$19,754,800, making the amount of actual indebtedness at that date +$54,910,777.66. To this will be added $10,000,000 during the present fiscal +year, this being the remaining half of the loan of $20,000,000 not yet +negotiated. + +The rapid increase of the public debt and the necessity which exists for a +modification of the tariff to meet even the ordinary expenses of the +Government ought to admonish us all, in our respective spheres of duty, to +the practice of rigid economy. The objects of expenditure should be limited +in number, as far as this may be practicable, and the appropriations +necessary to carry them into effect ought to be disbursed under the +strictest accountability. Enlightened economy does not consist in the +refusal to appropriate money for constitutional purposes essential to the +defense, progress, and prosperity of the Republic, but in taking care that +none of this money shall be wasted by mismanagement in its application to +the objects designated by law. + +Comparisons between the annual expenditure at the present time and what it +was ten or twenty years ago are altogether fallacious. The rapid increase +of our country in extent and population renders a corresponding increase of +expenditure to some extent unavoidable. This is constantly creating new +objects of expenditure and augmenting the amount required for the old. The +true questions, then, are, Have these objects been unnecessarily +multiplied, or has the amount expended upon any or all of them been larger +than comports with due economy? In accordance with these principles, the +heads of the different Executive Departments of the Government have been +instructed to reduce their estimates for the next fiscal year to the lowest +standard consistent with the efficiency of the service, and this duty they +have performed in a spirit of just economy. The estimates of the Treasury, +War, Navy, and Interior Departments have each been in some degree reduced, +and unless a sudden and unforeseen emergency should arise it is not +anticipated that a deficiency will exist in either within the present or +the next fiscal year. The Post-Office Department is placed in a peculiar +position, different from the other Departments, and to this I shall +hereafter refer. + +I invite Congress to institute a rigid scrutiny to ascertain whether the +expenses in all the Departments can not be still further reduced, and I +promise them all the aid in my power in pursuing the investigation. + +I transmit herewith the reports made to me by the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. They each contain +valuable information and important recommendations, to which I invite the +attention of Congress. + +In my last annual message I took occasion to recommend the immediate +construction of ten small steamers of light draft, for the purpose of +increasing the efficiency of the Navy. Congress responded to the +recommendation by authorizing the construction of eight of them. The +progress which has been made in executing this authority is stated in the +report of the Secretary of the Navy. I concur with him in the opinion that +a greater number of this class of vessels is necessary for the purpose of +protecting in a more efficient manner the persons and property of American +citizens on the high seas and in foreign countries, as well as in guarding +more effectually our own coasts. I accordingly recommend the passage of an +act for this purpose. + +The suggestions contained in the report of the Secretary of the Interior, +especially those in regard to the disposition of the public domain, the +pension and bounty-land system, the policy toward the Indians, and the +amendment of our patent laws, are worthy of the serious consideration of +Congress. + +The Post-Office Department occupies a position very different from that of +the other Departments. For many years it was the policy of the Government +to render this a self-sustaining Department; and if this can not now be +accomplished, in the present condition of the country, we ought to make as +near an approach to it as may be practicable. + +The Postmaster-General is placed in a most embarrassing position by the +existing laws. He is obliged to carry these into effect. He has no other +alternative. He finds, however, that this can not be done without heavy +demands upon the Treasury over and above what is received for postage, and +these have been progressively increasing from year to year until they +amounted for the last fiscal year, ending on the 30th of June, 1858, to +more than $4,500,000, whilst it is estimated that for the present fiscal +year they will amount to $6,290,000. These sums are exclusive of the annual +appropriation of $700,000 for "compensation for the mail service performed +for the two Houses of Congress and the other Departments and officers of +the Government in the transmission of free matter." + +The cause of these large deficits is mainly attributable to the increased +expense of transporting the mails. In 1852 the sum paid for this service +was but a fraction above four millions and a quarter. Since that year it +has annually increased, until in 1858 it has reached more than eight +millions and a quarter, and for the service of 1859 it is estimated that it +will amount to more than $10,000,000. + +The receipts of the Post-Office Department can be made to approach or to +equal its expenditure only by means of the legislation of Congress. In +applying any remedy care should be taken that the people shall not be +deprived of the advantages which they are fairly entitled to enjoy from the +Post-Office Department. The principal remedies recommended to the +consideration of Congress by the Postmaster-General are to restore the +former rate of postage upon single letters to 5 cents; to substitute for +the franking privilege the delivery to those now entitled to enjoy it of +post-office stamps for their correspondence, and to direct the Department +in making contracts for the transportation of the mail to confine itself to +the payment of the sum necessary for this single purpose, without requiring +it to be transported in post coaches or carriages of any particular +description. Under the present system the expense to the Government is +greatly increased by requiring that the mail shall be carried in such +vehicles as will accommodate passengers. This will be done, without pay +from the Department, over all roads where the travel will remunerate the +contractors. + +These recommendations deserve the grave consideration of Congress. I would +again call your attention to the construction of a Pacific railroad. Time +and reflection have but served to confirm me in the truth and justice of +the observations which I made on this subject in my last annual message, to +which I beg leave respectfully to refer. + +It is freely admitted that it would be inexpedient for this Government to +exercise the power of constructing the Pacific railroad by its own +immediate agents. Such a policy would increase the patronage of the +Executive to a dangerous extent, and introduce a system of jobbing and +corruption which no vigilance on the part of Federal officials could either +prevent or detect. This can only be done by the keen eye and active and +careful supervision of individual and private interest. The construction of +this road ought therefore to be committed to companies incorporated by the +States or other agencies whose pecuniary interests would be directly +involved. Congress might then assist them in the work by grants of land or +of money, or both, under such conditions and restrictions as would secure +the transportation of troops and munitions of war free from any charge and +that of the United States mail at a fair and reasonable price. + +The progress of events since the commencement of your last session has +shown how soon difficulties disappear before a firm and determined +resolution. At that time such a road was deemed by wise and patriotic men +to be a visionary project. The great distance to be overcome and the +intervening mountains and deserts in the way were obstacles which, in the +opinion of many, could not be surmounted. Now, after the lapse of but a +single year, these obstacles, it has been discovered, are far less +formidable than they were supposed to be, and mail stages with passengers +now pass and repass regularly twice in each week, by a common wagon road, +between San Francisco and St. Louis and Memphis in less than twenty-five +days. The service has been as regularly performed as it was in former years +between New York and this city. + +Whilst disclaiming all authority to appropriate money for the construction +of this road, except that derived from the war-making power of the +Constitution, there are important collateral considerations urging us to +undertake the work as speedily as possible. The first and most momentous of +these is that such a road would be a powerful bond of union between the +States east and west of the Rocky Mountains. This is so self-evident as to +require no illustration. + +But again, in a commercial point of view, I consider this the great +question of the day. With the eastern front of our Republic stretching +along the Atlantic and its western front along the Pacific, if all the +parts should be united by a safe, easy, and rapid intercommunication we +must necessarily command a very large proportion of the trade both of +Europe and Asia. Our recent treaties with China and Japan will open these +rich and populous Empires to our commerce; and the history of the world +proves that the nation which has gained possession of the trade with +eastern Asia has always become wealthy and powerful. The peculiar +geographical position of California and our Pacific possessions invites +American capital and enterprise into this fruitful field. To reap the rich +harvest, however, it is an indispensable prerequisite that we shall first +have a railroad to convey and circulate its products throughout every +portion of the Union. Besides, such a railroad through our temperate +latitude, which would not be impeded by the frosts and snows of winter nor +by the tropical heats of summer, would attract to itself much of the travel +and the trade of all nations passing between Europe and Asia. + +On the 21st of August last Lieutenant J. N. Maffit, of the United States +brig Dolphin, captured the slaver Echo (formerly the Putnam, of New +Orleans) near Kay Verde, on the coast of Cuba, with more than 300 African +negroes on board. The prize, under the command of Lieutenant Bradford, of +the United States Navy, arrived at Charleston on the 27th August, when the +negroes, 306 in number, were delivered into the custody of the United +States marshal for the district of South Carolina. They were first placed +in Castle Pinckney, and afterwards in Fort Sumter, for safe-keeping, and +were detained there until the 19th September, when the survivors, 271 in +number, were delivered on board the United States steamer Niagara to be +transported to the coast of Africa under the charge of the agent of the +United States, pursuant to the provisions of the act of the 3d March, 1819, +"in addition to the acts prohibiting the slave trade." Under the second +section of this act the President is "authorized to make such regulations +and arrangements as he may deem expedient for the safe-keeping, support, +and removal beyond the limits of the United States of all such negroes, +mulattoes, or persons of color" captured by vessels of the United States as +may be delivered to the marshal of the district into which they are +brought, "and to appoint a proper person or persons residing upon the coast +of Africa as agent or agents for receiving the negroes, mulattoes, or +persons of color delivered from on board vessels seized in the prosecution +of the slave trade by commanders of United States armed vessels." + +A doubt immediately arose as to the true construction of this act. It is +quite clear from its terms that the President was authorized to provide +"for the safe-keeping, support, and removal" of these negroes up till the +time of their delivery to the agent on the coast of Africa, but no express +provision was made for their protection and support after they had reached +the place of their destination. Still, an agent was to be pointed to +receive them in Africa, and it could not have been supposed that Congress +intended he should desert them at the moment they were received and turn +them loose on that inhospitable coast to perish for want of food or to +become again the victims of the slave trade. Had this been the intention of +Congress, the employment of an agent to receive them, who is required to +reside on the coast, was unnecessary, and they might have been landed by +our vessels anywhere in Africa and left exposed to the sufferings and the +fate which would certainly await them. + +Mr. Monroe, in his special message of December 17, 1819, at the first +session after the act was passed, announced to Congress what in his opinion +was its true construction. He believed it to be his duty under it to follow +these unfortunates into Africa and make provision for them there until they +should be able to provide for themselves. In communicating this +interpretation of the act to Congress he stated that some doubt had been +entertained as to its true intent and meaning, and he submitted the +question to them so that they might, "should it be deemed advisable, amend +the same before further proceedings are had under it." Nothing was done by +Congress to explain the act, and Mr. Monroe proceeded to carry it into +execution according to his own interpretation. This, then, became the +practical construction. When the Africans from on board the Echo were +delivered to the marshal at Charleston, it became my duty to consider what +disposition ought to be made of them under the law. For many reasons it was +expedient to remove them from that locality as speedily as possible. +Although the conduct of the authorities and citizens of Charleston in +giving countenance to the execution of the law was just what might have +been expected from their high character, yet a prolonged continuance of 300 +Africans in the immediate vicinity of that city could not have failed to +become a source of inconvenience and anxiety to its inhabitants. Where to +send them was the question. There was no portion of the coast of Africa to +which they could be removed with any regard to humanity except to Liberia. +Under these circumstances an agreement was entered into with the +Colonization Society on the 7th of September last, a copy of which is +herewith transmitted, under which the society engaged, for the +consideration of $45,000, to receive these Africans in Liberia from the +agent of the United States and furnish them during the period of one year +thereafter with comfortable shelter, clothing, provisions, and medical +attendance, causing the children to receive schooling, and all, whether +children or adults, to be instructed in the arts of civilized life suitable +to their condition. This aggregate of $45,000 was based upon an allowance +of $150 for each individual; and as there has been considerable mortality +among them and may be more before they reach Africa, the society have +agreed, in an equitable spirit, to make such a deduction from the amount as +under the circumstances may appear just and reasonable. This can not be +fixed until we shall ascertain the actual number which may become a charge +to the society. It was also distinctly agreed that under no circumstances +shall this Government be called upon for any additional expenses. The +agents of the society manifested a laudable desire to conform to the wishes +of the Government throughout the transaction. They assured me that after a +careful calculation they would be required to expend the sum of $150 on +each individual in complying with the agreement, and they would have +nothing left to remunerate them for their care, trouble, and +responsibility. At all events, I could make no better arrangement, and +there was no other alternative. During the period when the Government +itself, through its own agents, undertook the task of providing for +captured negroes in Africa the cost per head was very much greater. + +There having been no outstanding appropriation applicable to this purpose, +I could not advance any money on the agreement. I therefore recommend that +an appropriation may be made of the amount necessary to carry it into +effect. + +Other captures of a similar character may, and probably will, be made by +our naval forces, and I earnestly recommend that Congress may amend the +second section of the act of March 3, 1819, so as to free its construction +from the ambiguity which has so long existed and render the duty of the +President plain in executing its provisions. + +I recommend to your favorable regard the local interests of the District of +Columbia. As the residence of Congress and the Executive Departments of the +Government, we can not fail to feel a deep concern in its welfare. This is +heightened by the high character and the peaceful and orderly conduct of +its resident inhabitants. + +I can not conclude without performing the agreeable duty of expressing my +gratification that Congress so kindly responded to the recommendation of my +last annual message by affording me sufficient time before the close of +their late session for the examination of all the bills presented to me for +approval. This change in the practice of Congress has proved to be a +wholesome reform. It exerted a beneficial influence on the transaction of +legislative business and elicited the general approbation of the country. +It enabled Congress to adjourn with that dignity and deliberation so +becoming to the representatives of this great Republic, without having +crowded into general appropriation bills provisions foreign to their nature +and of doubtful constitutionality and expediency. Let me warmly and +strongly commend this precedent established by themselves as a guide to +their proceedings during the present session. + +*** + +State of the Union Address +James Buchanan +December 19, 1859 + +Fellow-Citizens of the Senate and House of Representatives: + +Our deep and heartfelt gratitude is due to that Almighty Power which has +bestowed upon us such varied and numerous blessings throughout the past +year. The general health of the country has been excellent, our harvests +have been unusually plentiful, and prosperity smiles throughout the land. +Indeed, notwithstanding our demerits, we have much reason to believe from +the past events in our history that we have enjoyed the special protection +of Divine Providence ever since our origin as a nation. We have been +exposed to many threatening and alarming difficulties in our progress, but +on each successive occasion the impending cloud has been dissipated at the +moment it appeared ready to burst upon our head, and the danger to our +institutions has passed away. May we ever be under the divine guidance and +protection. Whilst it is the duty of the President "from time to time to +give to Congress information of the state of the Union," I shall not refer +in detail to the recent sad and bloody occurrences at Harpers Ferry. Still, +it is proper to observe that these events, however bad and cruel in +themselves, derive their chief importance from the apprehension that they +are but symptoms of an incurable disease in the public mind, which may +break out in still more dangerous outrages and terminate at last in an open +war by the North to abolish slavery in the South. Whilst for myself I +entertain no such apprehension, they ought to afford a solemn warning to us +all to beware of the approach of danger. Our Union is a stake of such +inestimable value as to demand our constant and watchful vigilance for its +preservation. In this view, let me implore my countrymen, North and South, +to cultivate the ancient feelings of mutual forbearance and good will +toward each other and strive to allay the demon spirit of sectional hatred +and strife now alive in the land. This advice proceeds from the heart of an +old public functionary whose service commenced in the last generation, +among the wise and conservative statesmen of that day, now nearly all +passed away, and whose first and dearest earthly wish is to leave his +country tranquil, prosperous, united, and powerful. + +We ought to reflect that in this age, and especially in this country, there +is an incessant flux and reflux of public opinion. Questions which in their +day assumed a most threatening aspect have now nearly gone from the memory +of men. They are "volcanoes burnt out, and on the lava and ashes and +squalid scoria of old eruptions grow the peaceful olive, the cheering vine, +and the sustaining corn." Such, in my opinion, will prove to be the fate of +the present sectional excitement should those who wisely seek to apply the +remedy continue always to confine their efforts within the pale of the +Constitution. If this course be pursued, the existing agitation on the +subject of domestic slavery, like everything human, will have its day and +give place to other and less threatening controversies. Public opinion in +this country is all-powerful, and when it reaches a dangerous excess upon +any question the good sense of the people will furnish the corrective and +bring it back within safe limits. Still, to hasten this auspicious result +at the present crisis we ought to remember that every rational creature +must be presumed to intend the natural consequences of his own teachings. +Those who announce abstract doctrines subversive of the Constitution and +the Union must not be surprised should their heated partisans advance one +step further and attempt by violence to carry these doctrines into +practical effect. In this view of the subject, it ought never to be +forgotten that however great may have been the political advantages +resulting from the Union to every portion of our common country, these +would all prove to be as nothing should the time ever arrive when they can +not be enjoyed without serious danger to the personal safety of the people +of fifteen members of the Confederacy. If the peace of the domestic +fireside throughout these States should ever be invaded, if the mothers of +families within this extensive region should not be able to retire to rest +at night without suffering dreadful apprehensions of what may be their own +fate and that of their children before the morning, it would be vain to +recount to such a people the political benefits which result to them from +the Union. Self-preservation is the first instinct of nature, and therefore +any state of society in which the sword is all the time suspended over the +heads of the people must at last become intolerable. But I indulge in no +such gloomy forebodings. On the contrary, I firmly believe that the events +at Harpers Ferry, by causing the people to pause and reflect upon the +possible peril to their cherished institutions, will be the means under +Providence of allaying the existing excitement and preventing further +outbreaks of a similar character. They will resolve that the Constitution +and the Union shall not be endangered by rash counsels, knowing that should +"the silver cord be loosed or the golden bowl be broken at the fountain" +human power could never reunite the scattered and hostile fragments. + +I cordially congratulate you upon the final settlement by the Supreme Court +of the United States of the question of slavery in the Territories, which +had presented an aspect so truly formidable at the commencement of my +Administration. The right has been established of every citizen to take his +property of any kind, including slaves, into the common Territories +belonging equally to all the States of the Confederacy, and to have it +protected there under the Federal Constitution. Neither Congress nor a +Territorial legislature nor any human power has any authority to annul or +impair this vested right. The supreme judicial tribunal of the country, +which is a coordinate branch of the Government, has sanctioned and affirmed +these principles of constitutional law, so manifestly just in themselves +and so well calculated to promote peace and harmony among the States. It is +a striking proof of the sense of justice which is inherent in our people +that the property in slaves has never been disturbed, to my knowledge, in +any of the Territories. Even throughout the late troubles in Kansas there +has not been any attempt, as I am credibly informed, to interfere in a +single instance with the right of the master. Had any such attempt been +made, the judiciary would doubtless have afforded an adequate remedy. +Should they fail to do this hereafter, it will then be time enough to +strengthen their hands by further legislation. Had it been decided that +either Congress or the Territorial legislature possess the power to annul +or impair the right to property in slaves, the evil would be intolerable. +In the latter event there would be a struggle for a majority of the members +of the legislature at each successive election, and the sacred rights of +property held under the Federal Constitution would depend for the time +being on the result. The agitation would thus be rendered incessant whilst +the Territorial condition remained, and its baneful influence would keep +alive a dangerous excitement among the people of the several States. + +Thus has the status of a Territory during the intermediate period from its +first settlement until it shall become a State been irrevocably fixed by +the final decision of the Supreme Court. Fortunate has this been for the +prosperity of the Territories, as well as the tranquillity of the States. +Now emigrants from the North and the South, the East and the West, will +meet in the Territories on a common platform, having brought with them that +species of property best adapted, in their own opinion, to promote their +welfare. From natural causes the slavery question will in each case soon +virtually settle itself, and before the Territory is prepared for admission +as a State into the Union this decision, one way or the other, will have +been a foregone conclusion. Meanwhile the settlement of the new Territory +will proceed without serious interruption, and its progress and prosperity +will not be endangered or retarded by violent political struggles. + +When in the progress of events the inhabitants of any Territory shall have +reached the number required to form a State, they will then proceed in a +regular manner and in the exercise of the rights of popular sovereignty to +form a constitution preparatory to admission into the Union. After this has +been done, to employ the language of the Kansas and Nebraska act, they +"shall be received into the Union with or without slavery, as their +constitution may prescribe at the time of their admission." This sound +principle has happily been recognized in some form or other by an almost +unanimous vote of both Houses of the last Congress. + +All lawful means at my command have been employed, and shall continue to be +employed, to execute the laws against the African slave trade. After a most +careful and rigorous examination of our coasts and a thorough investigation +of the subject, we have not been able to discover that any slaves have been +imported into the United States except the cargo by the Wanderer, numbering +between three and four hundred. Those engaged in this unlawful enterprise +have been rigorously prosecuted, but not with as much success as their +crimes have deserved. A number of them are still under prosecution. + +Our history proves that the fathers of the Republic, in advance of all +other nations, condemned the African slave trade. It was, notwithstanding, +deemed expedient by the framers of the Constitution to deprive Congress of +the power to prohibit "the migration or importation of such persons as any +of the States now existing shall think proper to admit" "prior to the year +1808." It will be seen that this restriction on the power of Congress was +confined to such States only as might think proper to admit the importation +of slaves. It did not extend to other States or to the trade carried on +abroad. Accordingly, we find that so early as the 22d March, 1794, Congress +passed an act imposing severe penalties and punishments upon citizens and +residents of the United States who should engage in this trade between +foreign nations. The provisions of this act were extended and enforced by +the act of 10th May, 1800. + +Again, the States themselves had a clear right to waive the constitutional +privilege intended for their benefit, and to prohibit by their own laws +this trade at any time they thought proper previous to 1808. Several of +them exercised this right before that period, and among them some +containing the greatest number of slaves. This gave to Congress the +immediate power to act in regard to all such States, because they +themselves had removed the constitutional barrier. Congress accordingly +passed an act on 28th February, 1803, "to prevent the importation of +certain persons into certain States where by the laws thereof their +admission is prohibited." In this manner the importation of African slaves +into the United States was to a great extent prohibited some years in +advance of 1808. + +As the year 1808 approached Congress determined not to suffer this trade to +exist even for a single day after they had the power to abolish it. On the +2d of March, 1807, they passed an act, to take effect "from and after the +1st day of January, 1808," prohibiting the importation of African slaves +into the United States. This was followed by subsequent acts of a similar +character, to which I need not specially refer. Such were the principles +and such the practice of our ancestors more than fifty years ago in regard +to the African slave trade. It did not occur to the revered patriots who +had been delegates to the Convention, and afterwards became members of +Congress, that in passing these laws they had violated the Constitution +which they had framed with so much care and deliberation. They supposed +that to prohibit Congress in express terms from exercising a specified +power before an appointed day necessarily involved the right to exercise +this power after that day had arrived. + +If this were not the case, the framers of the Constitution had expended +much labor in vain. Had they imagined that Congress would possess no power +to prohibit the trade either before or after 1808, they would not have +taken so much care to protect the States against the exercise of this power +before that period. Nay, more, they would not have attached such vast +importance to this provision as to have excluded it from the possibility of +future repeal or amendment, to which other portions of the Constitution +were exposed. It would, then, have been wholly unnecessary to ingraft on +the fifth article of the Constitution, prescribing the mode of its own +future amendment, the proviso "that no amendment which may be made prior to +the year 1808 shall in any manner affect" the provision in the Constitution +securing to the States the right to admit the importation of African slaves +previous to that period. According to the adverse construction, the clause +itself, on which so much care and discussion had been employed by the +members of the Convention, was an absolute nullity from the beginning, and +all that has since been done under it a mere usurpation. + +It was well and wise to confer this power on Congress, because had it been +left to the States its efficient exercise would have been impossible. In +that event any one State could have effectually continued the trade, not +only for itself, but for all the other slave States, though never so much +against their will. And why? Because African slaves, when once brought +within the limits of any one State in accordance with its laws, can not +practically be excluded from any State where slavery exists. And even if +all the States had separately passed laws prohibiting the importation of +slaves, these laws would have failed of effect for want of a naval force to +capture the slavers and to guard the coast. Such a force no State can +employ in time of peace without the consent of Congress. + +These acts of Congress, it is believed, have, with very rare and +insignificant exceptions, accomplished their purpose. For a period of more +than half a century there has been no perceptible addition to the number of +our domestic slaves. During this period their advancement in civilization +has far surpassed that of any other portion of the African race. The light +and the blessings of Christianity have been extended to them, and both +their moral and physical condition has been greatly improved. + +Reopen the trade and it would be difficult to determine whether the effect +would be more deleterious on the interests of the master or on those of the +native-born slave. Of the evils to the master, the one most to be dreaded +would be the introduction of wild, heathen, and ignorant barbarians among +the sober, orderly, and quiet slaves whose ancestors have been on the soil +for several generations. This might tend to barbarize, demoralize, and +exasperate the whole mass and produce most deplorable consequences. + +The effect upon the existing slave would, if possible, be still more +deplorable. At present he is treated with kindness and humanity. He is well +fed, well clothed, and not overworked. His condition is incomparably better +than that of the coolies which modern nations of high civilization have +employed as a substitute for African slaves. Both the philanthropy and the +self-interest of the master have combined to produce this humane result. +But let this trade be reopened and what will be the effect? The same to a +considerable extent as on a neighboring island, the only spot now on earth +where the African slave trade is openly tolerated, and this in defiance of +solemn treaties with a power abundantly able at any moment to enforce their +execution. There the master, intent upon present gain, extorts from the +slave as much labor as his physical powers are capable of enduring, knowing +that when death comes to his relief his place can be supplied at a price +reduced to the lowest point by the competition of rival African slave +traders. Should this ever be the case in our country, which I do not deem +possible, the present useful character of the domestic institution, wherein +those too old and too young to work are provided for with care and humanity +and those capable of labor are not overtasked, would undergo an unfortunate +change. The feeling of reciprocal dependence and attachment which now +exists between master and slave would be converted into mutual distrust and +hostility. + +But we are obliged as a Christian and moral nation to consider what would +be the effect upon unhappy Africa itself if we should reopen the slave +trade. This would give the trade an impulse and extension which it has +never had, even in its palmiest days. The numerous victims required to +supply it would convert the whole slave coast into a perfect pandemonium, +for which this country would be held responsible in the eyes both of God +and man. Its petty tribes would then be constantly engaged in predatory +wars against each other for the purpose of seizing slaves to supply the +American market. All hopes of African civilization would thus be ended. + +On the other hand, when a market for African slaves shall no longer be +furnished in Cuba, and thus all the world be closed against this trade, we +may then indulge a reasonable hope for the gradual improvement of Africa. +The chief motive of war among the tribes will cease whenever there is no +longer any demand for slaves. The resources of that fertile but miserable +country might then be developed by the hand of industry and afford subjects +for legitimate foreign and domestic commerce. In this manner Christianity +and civilization may gradually penetrate the existing gloom. + +The wisdom of the course pursued by this Government toward China has been +vindicated by the event. Whilst we sustained a neutral position in the war +waged by Great Britain and France against the Chinese Empire, our late +minister, in obedience to his instructions, judiciously cooperated with the +ministers of these powers in all peaceful measures to secure by treaty the +just concessions demanded by the interests of foreign commerce. The result +is that satisfactory treaties have been concluded with China by the +respective ministers of the United States, Great Britain, France, and +Russia. Our "treaty, or general convention, of peace, amity, and commerce" +with that Empire was concluded at Tien-tsin on the 18th June, 1858, and was +ratified by the President, by and with the advice and consent of the +Senate, on the 21st December following. On the 15th December, 1858, John E. +Ward, a distinguished citizen of Georgia, was duly commissioned as envoy +extraordinary and minister plenipotentiary to China. + +He left the United States for the place of his destination on the 5th of +February, 1859, bearing with him the ratified copy of this treaty, and +arrived at Shanghai on the 28th May. From thence he proceeded to Peking on +the 16th June, but did not arrive in that city until the 27th July. +According to the terms of the treaty, the ratifications were to be +exchanged on or before the 18th June, 1859. This was rendered impossible by +reasons and events beyond his control, not necessary to detail; but still +it is due to the Chinese authorities at Shanghai to state that they always +assured him no advantage should be taken of the delay, and this pledge has +been faithfully redeemed. + +On the arrival of Mr. Ward at Peking he requested an audience of the +Emperor to present his letter of credence. This he did not obtain, in +consequence of his very proper refusal to submit to the humiliating +ceremonies required by the etiquette of this strange people in approaching +their sovereign. Nevertheless, the interviews on this question were +conducted in the most friendly spirit and with all due regard to his +personal feelings and the honor of his country. When a presentation to His +Majesty was found to be impossible, the letter of credence from the +President was received with peculiar honors by Kweiliang, "the Emperor's +prime minister and the second man in the Empire to the Emperor himself." +The ratifications of the treaty were afterwards, on the 16th of August, +exchanged in proper form at Peit-sang. As the exchange did not take place +until after the day prescribed by the treaty, it is deemed proper before +its publication again to submit it to the Senate. It is but simple justice +to the Chinese authorities to observe that throughout the whole transaction +they appear to have acted in good faith and in a friendly spirit toward the +United States. It is true this has been done after their own peculiar +fashion; but we ought to regard with a lenient eye the ancient customs of +an empire dating back for thousands of years, so far as this may be +consistent with our own national honor. The conduct of our minister on the +occasion has received my entire approbation. + +In order to carry out the spirit of this treaty and to give it full effect +it became necessary to conclude two supplemental conventions, the one for +the adjustment and satisfaction of the claims of our citizens and the other +to fix the tariff on imports and exports and to regulate the transit duties +and trade of our merchants with China. This duty was satisfactorily +performed by our late minister. These conventions bear date at Shanghai on +the 8th November, 1858. Having been considered in the light of binding +agreements subsidiary to the principal treaty, and to be carried into +execution without delay, they do not provide for any formal ratification or +exchange of ratifications by the contracting parties. This was not deemed +necessary by the Chinese, who are already proceeding in good faith to +satisfy the claims of our citizens and, it is hoped, to carry out the other +provisions of the conventions. Still, I thought it was proper to submit +them to the Senate by which they were ratified on the 3d of March, 1859. +The ratified copies, however, did not reach Shanghai until after the +departure of our minister to Peking, and these conventions could not, +therefore, be exchanged at the same time with the principal treaty. No +doubt is entertained that they will be ratified and exchanged by the +Chinese Government should this be thought advisable; but under the +circumstances presented I shall consider them binding engagements from +their date on both parties, and cause them to be published as such for the +information and guidance of our merchants trading with the Chinese Empire. + +It affords me much satisfaction to inform you that all our difficulties +with the Republic of Paraguay have been satisfactorily adjusted. It happily +did not become necessary to employ the force for this purpose which +Congress had placed at my command under the joint resolution of 2d June, +1858. On the contrary, the President of that Republic, in a friendly +spirit, acceded promptly to the just and reasonable demands of the +Government of the United States. Our commissioner arrived at Assumption, +the capital of the Republic, on the 25th of January, 1859, and left it on +the 17th of February, having in three weeks ably and successfully +accomplished all the objects of his mission. The treaties which he has +concluded will be immediately submitted to the Senate. + +In the view that the employment of other than peaceful means might become +necessary to obtain "just satisfaction" from Paraguay, a strong naval force +was concentrated in the waters of the La Plata to await contingencies +whilst our commissioner ascended the rivers to Assumption. The Navy +Department is entitled to great credit for the promptness, efficiency, and +economy with which this expedition was fitted out and conducted. It +consisted of 19 armed vessels, great and small, carrying 200 guns and 2,500 +men, all under the command of the veteran and gallant Shubrick. The entire +expenses of the expedition have been defrayed out of the ordinary +appropriations for the naval service, except the sum of $289,000, applied +to the purchase of seven of the steamers constituting a part of it, under +the authority of the naval appropriation act of the 3d March last. It is +believed that these steamers are worth more than their cost, and they are +all now usefully and actively employed in the naval service. + +The appearance of so large a force, fitted out in such a prompt manner, in +the far-distant waters of the La Plata, and the admirable conduct of the +officers and men employed in it, have had a happy effect in favor of our +country throughout all that remote portion of the world. Our relations with +the great Empires of France and Russia, as well as with all other +governments on the continent of Europe, unless we may except that of Spain, +happily continue to be of the most friendly character. In my last annual +message I presented a statement of the unsatisfactory condition of our +relations with Spain, and I regret to say that this has not materially +improved. + +Without special reference to other claims, even the "Cuban claims," the +payment of which has been ably urged by our ministers, and in which more +than a hundred of our citizens are directly interested, remain unsatisfied, +notwithstanding both their justice and their amount ($128,635.54) had been +recognized and ascertained by the Spanish Government itself. + +I again recommend that an appropriation be made "to be paid to the Spanish +Government for the purpose of distribution among the claimants in the +Amistad case." In common with two of my predecessors, I entertain no doubt +that this is required by our treaty with Spain of the 27th October, 1795. +The failure to discharge this obligation has been employed by the cabinet +of Madrid as a reason against the settlement of our claims. + +I need not repeat the arguments which I urged in my last annual message in +favor of the acquisition of Cuba by fair purchase. My opinions on that +measure remain unchanged. I therefore again invite the serious attention of +Congress to this important subject. Without a recognition of this policy on +their part it will be almost impossible to institute negotiations with any +reasonable prospect of success. Until a recent period there was good reason +to believe that I should be able to announce to you on the present occasion +that our difficulties with Great Britain arising out of the Clayton and +Bulwer treaty had been finally adjusted in a manner alike honorable and +satisfactory to both parties. From causes, however, which the British +Government had not anticipated, they have not yet completed treaty +arrangements with the Republics of Honduras and Nicaragua, in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished. + +Whilst indulging the hope that no other subject remained which could +disturb the good understanding between the two countries, the question +arising out of the adverse claims of the parties to the island of San Juan, +under the Oregon treaty of the 15th June, 1846, suddenly assumed a +threatening prominence. In order to prevent unfortunate collisions on that +remote frontier, the late Secretary of State, on the 17th July, 1855, +addressed a note to Mr. Crampton, then British minister at Washington, +communicating to him a copy of the instructions which he (Mr. Marcy) had +given on the 14th July to Governor Stevens, of Washington Territory, having +a special reference to an "apprehended conflict between our citizens and +the British subjects on the island of San Juan." To prevent this the +governor was instructed "that the officers of the Territory should abstain +from all acts on the disputed grounds which are calculated to provoke any +conflicts, so far as it can be done without implying the concession to the +authorities of Great Britain of an exclusive right over the premises. The +title ought to be settled before either party should attempt to exclude the +other by force or exercise complete and exclusive sovereign rights within +the fairly disputed limits." In acknowledging the receipt on the next day +of Mr. Marcy's note the British minister expressed his entire concurrence +"in the propriety of the course recommended to the governor of Washington +Territory by your [Mr. Marcy's] instructions to that officer," and stating +that he had "lost no time in transmitting a copy of that document to the +Governor-General of British North America" and had "earnestly recommended +to His Excellency to take such measures as to him may appear best +calculated to secure on the part of the British local authorities and the +inhabitants of the neighborhood of the line in question the exercise of the +same spirit of forbearance which is inculcated by you [Mr. Marcy] on the +authorities and citizens of the United States." + +Thus matters remained upon the faith of this arrangement until the 9th July +last, when General Harney paid a visit to the island. He found upon it +twenty-five American residents with their families, and also an +establishment of the Hudsons Bay Company for the purpose of raising sheep. +A short time before his arrival one of these residents had shot an animal +belonging to the company whilst trespassing upon his premises, for which, +however, he offered to pay twice its value, but that was refused. Soon +after "the chief factor of the company at Victoria, Mr. Dalles, son-in-law +of Governor Douglas, came to the island in the British sloop of war +Satellite and threatened to take this American [Mr. Cutler] by force to +Victoria to answer for the trespass he had committed. The American seized +his rifle and told Mr. Dalles if any such attempt was made he would kill +him upon the spot. The affair then ended." + +Under these circumstances the American settlers presented a petition to the +General "through the United States inspector of customs, Mr. Hubbs, to +place a force upon the island to protect them from the Indians as well as +the oppressive interference of the authorities of the Hudsons Bay Company +at Victoria with their rights as American citizens." The General +immediately responded to this petition, and ordered Captain George E. +Pickett, Ninth Infantry, "to establish his company on Bellevue, or San Juan +Island, on some suitable position near the harbor at the southeastern +extremity." This order was promptly obeyed and a military post was +established at the place designated. The force was afterwards increased, so +that by the last return the whole number of troops then on the island +amounted in the aggregate to 691 men. + +Whilst I do not deem it proper on the present occasion to go further into +the subject and discuss the weight which ought to be attached to the +statements of the British colonial authorities contesting the accuracy of +the information on which the gallant General acted, it was due to him that +I should thus present his own reasons for issuing the order to Captain +Pickett. From these it is quite clear his object was to prevent the British +authorities on Vancouvers Island from exercising jurisdiction over American +residents on the island of San Juan, as well as to protect them against the +incursions of the Indians. Much excitement prevailed for some time +throughout that region, and serious danger of collision between the parties +was apprehended. The British had a large naval force in the vicinity, and +it is but an act of simple justice to the admiral on that station to state +that he wisely and discreetly forbore to commit any hostile act, but +determined to refer the whole affair to his Government and await their +instructions. + +This aspect of the matter, in my opinion, demanded serious attention. It +would have been a great calamity for both nations had they been +precipitated into acts of hostility, not on the question of title to the +island, but merely concerning what should be its condition during the +intervening period whilst the two Governments might be employed in settling +the question to which of them it belongs. For this reason +Lieutenant-General Scott was dispatched, on the 17th of September last, to +Washington Territory to take immediate command of the United States forces +on the Pacific Coast, should he deem this necessary. The main object of his +mission was to carry out the spirit of the precautionary arrangement +between the late Secretary of State and the British minister, and thus to +preserve the peace and prevent collision between the British and American +authorities pending the negotiations between the two Governments. +Entertaining no doubt of the validity of our title, I need scarcely add +that in any event American citizens were to be placed on a footing at least +as favorable as that of British subjects, it being understood that Captain +Pickett's company should remain on the island. It is proper to observe +that, considering the distance from the scene of action and in ignorance of +what might have transpired on the spot before the General's arrival, it was +necessary to leave much to his discretion; and I am happy to state the +event has proven that this discretion could not have been intrusted to more +competent hands. General Scott has recently returned from his mission, +having successfully accomplished its objects, and there is no longer any +good reason to apprehend a collision between the forces of the two +countries during the pendency of the existing negotiations. I regret to +inform you that there has been no improvement in the affairs of Mexico +since my last annual message, and I am again obliged to ask the earnest +attention of Congress to the unhappy condition of that Republic. + +The constituent Congress of Mexico, which adjourned on the 17th February, +1857, adopted a constitution and provided for a popular election. This took +place in the following July (1857), and General Comonfort was chosen +President almost without opposition. At the same election a new Congress +was chosen, whose first session commenced on the 16th of September (1857). +By the constitution of 1857 the Presidential term was to begin on the 1st +of December (1857) and continue for four years. On that day General +Comonfort appeared before the assembled Congress in the City of Mexico, +took the oath to support the new constitution, and was duly inaugurated as +President. Within a month afterwards he had been driven from the capital +and a military rebellion had assigned the supreme power of the Republic to +General Zuloaga. The constitution provided that in the absence of the +President his office should devolve upon the chief justice of the supreme +court; and General Comonfort having left the country, this functionary, +General Juarez, proceeded to form at Guanajuato a constitutional +Government. Before this was officially known, however, at the capital the +Government of Zuloaga had been recognized by the entire diplomatic corps, +including the minister of the United States, as the de facto Government of +Mexico. The constitutional President, nevertheless, maintained his position +with firmness, and was soon established, with his cabinet, at Vera Cruz. +Meanwhile the Government of Zuloaga was earnestly resisted in many parts of +the Republic, and even in the capital, a portion of the army having +pronounced against it, its functions were declared terminated, and an +assembly of citizens was invited for the choice of a new President. This +assembly elected General Miramort, but that officer repudiated the plan +under which he was chosen, and Zuloaga was thus restored to his previous +position. He assumed it, however, only to withdraw from it; and Miramon, +having become by his appointment "President substitute," continues with +that title at the head of the insurgent party. + +In my last annual message I communicated to Congress the circumstances +under which the late minister of the United States suspended his official +relations with the central Government and withdrew from the country. It was +impossible to maintain friendly intercourse with a government like that at +the capital, under whose usurped authority wrongs were constantly +committed, but never redressed. Had this been an established government, +with its power extending by the consent of the people over the whole of +Mexico, a resort to hostilities against it would have been quite +justifiable, and, indeed, necessary. But the country was a prey to civil +war, and it was hoped that the success of the constitutional President +might lead to a condition of things less injurious to the United States. +This success became so probable that in January last I employed a reliable +agent to visit Mexico and report to me the actual condition and prospects +of the contending parties. In consequence of his report and from +information which reached me from other sources favorable to the prospects +of the constitutional cause, I felt justified in appointing a new minister +to Mexico, who might embrace the earliest suitable opportunity of restoring +our diplomatic relations with that Republic. For this purpose a +distinguished citizen of Maryland was selected, who proceeded on his +mission on the 8th of March last, with discretionary authority to recognize +the Government of President Juarez if on his arrival in Mexico he should +find it entitled to such recognition according to the established practice +of the United States. + +On the 7th of April following Mr. McLane presented his credentials to +President Juarez, having no hesitation "in pronouncing the Government of +Juarez to be the only existing government of the Republic." He was +cordially received by the authorities at Vera Cruz, and they have ever +since manifested the most friendly disposition toward the United States. + +Unhappily, however, the constitutional Government has not been able to +establish its power over the whole Republic. It is supported by a large +majority of the people and the States, but there are important parts of the +country where it can enforce no obedience. + +General Miramon maintains himself at the capital, and in some of the +distant Provinces there are military governors who pay little respect to +the decrees of either Government. In the meantime the excesses which always +attend upon civil war, especially in Mexico, are constantly recurring. +Outrages of the worst description are committed both upon persons and +property. There is scarcely any form of injury which has not been suffered +by our citizens in Mexico during the last few years. We have been nominally +at peace with that Republic, but "so far as the interests of our commerce, +or of our citizens who have visited the country as merchants, shipmasters, +or in other capacities, are concerned, we might as well have been at war." +Life has been insecure, property unprotected, and trade impossible except +at a risk of loss which prudent men can not be expected to incur. Important +contracts, involving large expenditures, entered into by the central +Government, have been set at defiance by the local governments. Peaceful +American residents, occupying their rightful possessions, have been +suddenly expelled the country, in defiance of treaties and by the mere +force of arbitrary power. Even the course of justice has not been safe from +control, and a recent decree of Miramort permits the intervention of +Government in all suits where either party is a foreigner. Vessels of the +United States have been seized without law, and a consular officer who +protested against such seizure has been fined and imprisoned for disrespect +to the authorities. Military contributions have been levied in violation of +every principle of right, and the American who resisted the lawless demand +has had his property forcibly taken away and has been himself banished. +From a conflict of authority in different parts of the country tariff +duties which have been paid in one place have been exacted over again in +another place. Large numbers of our citizens have been arrested and +imprisoned without any form of examination or any opportunity for a +hearing, and even when released have only obtained their liberty after much +suffering and injury, and without any hope of redress. The wholesale +massacre of Crabbe and his associates without trial in Sonora, as well as +the seizure and murder of four sick Americans who had taken shelter in the +house of an American upon the soil of the United States, was communicated +to Congress at its last session. Murders of a still more atrocious +character have been committed in the very heart of Mexico, under the +authority of Miramon's Government, during the present year. Some of these +were only worthy of a barbarous age, and if they had not been dearly proven +would have seemed impossible in a country which claims to be civilized. Of +this description was the brutal massacre in April last, by order of General +Marquez, of three American physicians who were seized in the hospital at +Tacubaya while attending upon the sick and the dying of both parties, and +without trial, as without crime, were hurried away to speedy execution. +Little less shocking was the recent fate of Ormond Chase, who was shot in +Tepic on the 7th of August by order of the same Mexican general, not only +without a trial, but without any conjecture by his friends of the cause of +his arrest. He is represented as a young man of good character and +intelligence, who had made numerous friends in Tepic by the courage and +humanity which he had displayed on several trying occasions; and his death +was as unexpected as it was shocking to the whole community. Other outrages +might be enumerated, but these are sufficient to illustrate the wretched +state of the country and the unprotected condition of the persons and +property of our citizens in Mexico. + +In all these cases our ministers have been constant and faithful in their +demands for redress, but both they and this Government, which they have +successively represented, have been wholly powerless to make their demands +effective. Their testimony in this respect and in reference to the only +remedy which in their judgments would meet the exigency has been both +uniform and emphatic. "Nothing but a manifestation of the power of the +Government of the United States," wrote our late minister in 1856, "and of +its purpose to punish these wrongs will avail. I assure you that the +universal belief here is that there is nothing to be apprehended from the +Government of the United States, and that local Mexican officials can +commit these outrages upon American citizens with absolute impunity." "I +hope the President," wrote our present minister in August last, "will feel +authorized to ask from Congress the power to enter Mexico with the military +forces of the United States at the call of the constitutional authorities, +in order to protect the citizens and the treaty rights of the United +States. Unless such a power is conferred upon him, neither the one nor the +other will be respected in the existing state of anarchy and disorder, and +the outrages already perpetrated will never be chastised; and, as I assured +you in my No. 23, all these evils must increase until every vestige of +order and government disappears from the country." I have been reluctantly +led to the same opinion, and in justice to my countrymen who have suffered +wrongs from Mexico and who may still suffer them I feel bound to announce +this conclusion to Congress. + +The case presented, however, is not merely a case of individual claims, +although our just claims against Mexico have reached a very large amount; +nor is it merely the case of protection to the lives and property of the +few Americans who may still remain in Mexico, although the life and +property of every American citizen ought to be sacredly protected in every +quarter of the world; but it is a question which relates to the future as +well as to the present and the past, and which involves, indirectly at +least, the whole subject of our duty to Mexico as a neighboring State. The +exercise of the power of the United States in that country to redress the +wrongs and protect the rights of our own citizens is none the less to be +desired because efficient and necessary aid may thus be rendered at the +same time to restore peace and order to Mexico itself. In the +accomplishment of this result the people of the United States must +necessarily feel a deep and earnest interest. Mexico ought to be a rich and +prosperous and powerful Republic. She possesses an extensive territory, a +fertile soil, and an incalculable store of mineral wealth. She occupies an +important position between the Gulf and the ocean for transit routes and +for commerce. Is it possible that such a country as this can be given up to +anarchy and ruin without an effort from any quarter for its rescue and its +safety? Will the commercial nations of the world, which have so many +interests connected with it, remain wholly indifferent to such a result? +Can the United States especially, which ought to share most largely in its +commercial intercourse, allow their immediate neighbor thus to destroy +itself and injure them? Yet without support from some quarter it is +impossible to perceive how Mexico can resume her position among nations and +enter upon a career which promises any good results. The aid which she +requires, and which the interests of all commercial countries require that +she should have, it belongs to this Government to render, not only by +virtue of our neighborhood to Mexico, along whose territory we have a +continuous frontier of nearly a thousand miles, but by virtue also of our +established policy, which is inconsistent with the intervention of any +European power in the domestic concerns of that Republic. + +The wrongs which we have suffered from Mexico are before the world and must +deeply impress every American citizen. A government which is either unable +or unwilling to redress such wrongs is derelict to its highest duties. The +difficulty consists in selecting and enforcing the remedy. We may in vain +apply to the constitutional Government at Vera Cruz, although it is well +disposed to do us justice, for adequate redress. Whilst its authority is +acknowledged in all the important ports and throughout the seacoasts of the +Republic, its power does not extend to the City of Mexico and the States in +its vicinity, where nearly all the recent outrages have been committed on +American citizens. We must penetrate into the interior before we can reach +the offenders, and this can only be done by passing through the territory +in the occupation of the constitutional Government. The most acceptable and +least difficult mode of accomplishing the object will be to act in concert +with that Government. Their consent and their aid might, I believe, be +obtained; but if not, our obligation to protect our own citizens in their +just rights secured by treaty would not be the less imperative. For these +reasons I recommend to Congress to pass a law authorizing the President +under such conditions as they may deem expedient, to employ a sufficient +military force to enter Mexico for the purpose of obtaining indemnity for +the past and security for the future. I purposely refrain from any +suggestion as to whether this force shall consist of regular troops or +volunteers, or both. This question may be most appropriately left to the +decision of Congress. I would merely observe that should volunteers be +selected such a force could be easily raised in this country among those +who sympathize with the sufferings of our unfortunate fellow-citizens in +Mexico and with the unhappy condition of that Republic. Such an accession +to the forces of the constitutional Government would enable it soon to +reach the City of Mexico and extend its power over the whole Republic. In +that event there is no reason to doubt that the just claims of our citizens +would be satisfied and adequate redress obtained for the injuries inflicted +upon them. The constitutional Government have ever evinced a strong desire +to do justice, and this might be secured in advance by a preliminary +treaty. + +It may be said that these measures will, at least indirectly, be +inconsistent with our wise and settled policy not to interfere in the +domestic concerns of foreign nations. But does not the present case fairly +constitute an exception? An adjoining Republic is in a state of anarchy and +confusion from which she has proved wholly unable to extricate herself. She +is entirely destitute of the power to maintain peace upon her borders or to +prevent the incursions of banditti into our territory. In her fate and in +her fortune, in her power to establish and maintain a settled government, +we have a far deeper interest, socially, commercially, and politically, +than any other nation. She is now a wreck upon the ocean, drifting about as +she is impelled by different factions. As a good neighbor, shall we not +extend to her a helping hand to save her? If we do not, it would not be +surprising should some other nation undertake the task, and thus force us +to interfere at last, under circumstances of increased difficulty, for the +maintenance of our established policy. + +I repeat the recommendation contained in my last annual message that +authority may be given to the President to establish one or more temporary +military posts across the Mexican line in Sonora and Chihuahua, where these +may be necessary to protect the lives and property of American and Mexican +citizens against the incursions and depredations of the Indians, as well as +of lawless rovers, on that remote region. The establishment of one such +post at a point called Arispe, in Sonora, in a country now almost +depopulated by the hostile inroads of the Indians from our side of the +line, would, it is believed, have prevented much injury and many cruelties +during the past season. A state of lawlessness and violence prevails on +that distant frontier. Life and property are there wholly insecure. The +population of Arizona, now numbering more than 10,000 souls, are +practically destitute of government, of laws, or of any regular +administration of justice. Murder, rapine, and other crimes are committed +with impunity. I therefore again call the attention of Congress to the +necessity for establishing a Territorial government over Arizona. + +The treaty with Nicaragua of the 16th of February, 1857, to which I +referred in my last annual message, failed to receive the ratification of +the Government of that Republic, for reasons which I need not enumerate. A +similar treaty has been since concluded between the parties, bearing date +on the 16th March, 1859, which has already been ratified by the Nicaraguan +Congress. This will be immediately submitted to the Senate for their +ratification. Its provisions can not, I think, fail to be acceptable to the +people of both countries. + +Our claims against the Governments of Costa Rica and Nicaragua remain +unredressed, though they are pressed in an earnest manner and not without +hope of success. + +I deem it to be my duty once more earnestly to recommend to Congress the +passage of a law authorizing the President to employ the naval force at his +command for the purpose of protecting the lives and property of American +citizens passing in transit across the Panama, Nicaragua, and Tehuantepec +routes against sudden and lawless outbreaks and depredations. I shall not +repeat the arguments employed in former messages in support of this +measure. Suffice it to say that the lives of many of our people and the +security of vast amounts of treasure passing and repassing over one or more +of these routes between the Atlantic and Pacific may be deeply involved in +the action of Congress on this subject. + +I would also again recommend to Congress that authority be given to the +President to employ the naval force to protect American merchant vessels, +their crews and cargoes, against violent and lawless seizure and +confiscation in the ports of Mexico and the Spanish American States when +these countries may be in a disturbed and revolutionary condition. The mere +knowledge that such an authority had been conferred, as I have already +stated, would of itself in a great degree prevent the evil. Neither would +this require any additional appropriation for the naval service. + +The chief objection urged against the grant of this authority is that +Congress by conferring it would violate the Constitution; that it would be +a transfer of the war-making, or, strictly speaking, the war-declaring, +power to the Executive. If this were well rounded, it would, of course, be +conclusive. A very brief examination, however, will place this objection at +rest. + +Congress possess the sole and exclusive power under the Constitution "to +declare war." They alone can "raise and support armies" and "provide and +maintain a navy." But after Congress shall have declared war and provided +the force necessary to carry it on the President, as Commander in Chief of +the Army and Navy, can alone employ this force in making war against the +enemy. This is the plain language, and history proves that it was the +well-known intention of the framers, of the Constitution. + +It will not be denied that the general "power to declare war" is without +limitation and embraces within itself not only what writers on the law of +nations term a public or perfect war, but also an imperfect war, and, in +short, every species of hostility, however confined or limited. Without the +authority of Congress the President can not fire a hostile gun in any case +except to repel the attacks of an enemy. It will not be doubted that under +this power Congress could, if they thought proper, authorize the President +to employ the force at his command to seize a vessel belonging to an +American citizen which had been illegally and unjustly captured in a +foreign port and restore it to its owner. But can Congress only act after +the fact, after the mischief has been done? Have they no power to confer +upon the President the authority in advance to furnish instant redress +should such a case afterwards occur? Must they wait until the mischief has +been done, and can they apply the remedy only when it is too late? To +confer this authority to meet future cases under circumstances strictly +specified is as clearly within the war-declaring power as such an authority +conferred upon the President by act of Congress after the deed had been +done. In the progress of a great nation many exigencies must arise +imperatively requiring that Congress should authorize the President to act +promptly on certain conditions which may or may not afterwards arise. Our +history has already presented a number of such cases. I shall refer only to +the latest. Under the resolution of June 2, 1858, "for the adjustment of +difficulties with the Republic of Paraguay," the President is "authorized +to adopt such measures and use such force as in his judgment may be +necessary and advisable in the event of a refusal of just satisfaction by +the Government of Paraguay." "Just satisfaction" for what? For "the attack +on the United States steamer Water Witch" and "other matters referred to in +the annual message of the President." Here the power is expressly granted +upon the condition that the Government of Paraguay shall refuse to render +this "just satisfaction." In this and other similar cases Congress have +conferred upon the President power in advance to employ the Army and Navy +upon the happening of contingent future events; and this most certainly is +embraced within the power to declare war. + +Now, if this conditional and contingent power could be constitutionally +conferred upon the President in the case of Paraguay, why may it not be +conferred for the purpose of protecting the lives and property of American +citizens in the event that they may be violently and unlawfully attacked in +passing over the transit routes to and from California or assailed by the +seizure of their vessels in a foreign port? To deny this power is to render +the Navy in a great degree useless for the protection of the lives and +property of American citizens in countries where neither protection nor +redress can be otherwise obtained. + +The Thirty-fifth Congress terminated on the 3d of March, 1859, without +having passed the "act making appropriations for the service of the +Post-Office Department during the fiscal year ending the 30th of June, +1860," This act also contained an appropriation "to supply deficiencies in +the revenue of the Post-Office Department for the year ending 30th June, +1859." I believe this is the first instance since the origin of the Federal +Government, now more than seventy years ago, when any Congress went out of +existence without having passed all the general appropriation bills +necessary to carry on the Government until the regular period for the +meeting of a new Congress. This event imposed on the Executive a grave +responsibility. It presented a choice of evils. + +Had this omission of duty occurred at the first session of the last +Congress, the remedy would have been plain. I might then have instantly +recalled them to complete their work, and this without expense to the +Government. But on the 4th of March last there were fifteen of the +thirty-three States which had not elected any Representatives to the +present Congress. Had Congress been called together immediately, these +States would have been virtually disfranchised. If an intermediate period +had been selected, several of the States would have been compelled to hold +extra sessions of their legislatures, at great inconvenience and expense, +to provide for elections at an earlier day than that previously fixed by +law. In the regular course ten of these States would not elect until after +the beginning of August, and five of these ten not until October and +November. + +On the other hand, when I came to examine carefully the condition of the +Post-Office Department, I did not meet as many or as great difficulties as +I had apprehended. Had the bill which failed been confined to +appropriations for the fiscal year ending on the 30th June next, there +would have been no reason of pressing importance for the call of an extra +session. Nothing would become due on contracts (those with railroad +companies only excepted) for carrying the mail for the first quarter of the +present fiscal year, commencing on the 1st of July, until the 1st of +December--less than one week before the meeting of the present Congress. +The reason is that the mail contractors for this and the current year did +not complete their first quarter's service until the 30th September last, +and by the terms of their contracts sixty days more are allowed for the +settlement of their accounts before the Department could be called upon for +payment. + +The great difficulty and the great hardship consisted in the failure to +provide for the payment of the deficiency in the fiscal year ending the +30th June, 1859. The Department had entered into contracts, in obedience to +existing laws, for the service of that fiscal year, and the contractors +were fairly entitled to their compensation as it became due. The deficiency +as stated in the bill amounted to $3,838,728, but after a careful +settlement of all these accounts it has been ascertained that it amounts to +$4,296,009. With the scanty means at his command the Postmaster-General has +managed to pay that portion of this deficiency which occurred in the first +two quarters of the past fiscal year, ending on the 31st December last. In +the meantime the contractors themselves, under these trying circumstances, +have behaved in a manner worthy of all commendation. They had one resource +in the midst of their embarrassments. After the amount due to each of them +had been ascertained and finally settled according to law, this became a +specific debt of record against the United States, which enabled them to +borrow money on this unquestionable security. Still, they were obliged to +pay interest in consequence of the default of Congress, and on every +principle of justice ought to receive interest from the Government. This +interest should commence from the date when a warrant would have issued for +the payment of the principal had an appropriation been made for this +purpose. Calculated up to the 1st December, it will not exceed $96,660--a +sum not to be taken into account when contrasted with the great +difficulties and embarrassments of a public and private character, both to +the people and the States, which would have resulted from convening and +holding a special session of Congress. For these reasons I recommend the +passage of a bill at as early a day as may be practicable to provide for +the payment of the amount, with interest, due to these last-mentioned +contractors, as well as to make the necessary appropriations for the +service of the Post-Office Department for the current fiscal year. + +The failure to pass the Post-Office bill necessarily gives birth to serious +reflections. Congress, by refusing to pass the general appropriation bills +necessary to carry on the Government, may not only arrest its action, but +might even destroy its existence. The Army, the Navy, the judiciary, in +short, every department of the Government, can no longer perform their +functions if Congress refuse the money necessary for their support. If this +failure should teach the country the necessity of electing a full Congress +in sufficient time to enable the President to convene them in any +emergency, even immediately after the old Congress has expired, it will +have been productive of great good. In a time of sudden and alarming +danger, foreign or domestic, which all nations must expect to encounter in +their progress, the very salvation of our institutions may be staked upon +the assembling of Congress without delay. If under such circumstances the +President should find himself in the condition in which he was placed at +the close of the last Congress, with nearly half the States of the Union +destitute of representatives, the consequences might he disastrous. I +therefore recommend to Congress to carry into effect the provisions of the +Constitution on this subject, and to pass a law appointing some day +previous to the 4th March in each year of odd number for the election of +Representatives throughout all the States. They have already appointed a +day for the election of electors for President and Vice-President, and this +measure has been approved by the country. + +I would again express a most decided opinion in favor of the construction +of a Pacific railroad, for the reasons stated in my two last annual +messages. When I reflect upon what would be the defenseless condition of +our States and Territories west of the Rocky Mountains in case of a war +with a naval power sufficiently strong to interrupt all intercourse with +them by the routes across the Isthmus, I am still more convinced than ever +of the vast importance of this railroad. I have never doubted the +constitutional competency of Congress to provide for its construction, but +this exclusively under the war-making power. Besides, the Constitution +expressly requires as an imperative duty that "the United States shall +protect each of them [the States] against invasion." I am at a loss to +conceive how this protection can be afforded to California and Oregon +against such a naval power by any other means. I repeat the opinion +contained in my last annual message that it would be inexpedient for the +Government to undertake this great work by agents of its own appointment +and under its direct and exclusive control. This would increase the +patronage of the Executive to a dangerous extent and would foster a system +of jobbing and corruption which no vigilance on the part of Federal +officials could prevent. The construction of this road ought, therefore, to +be intrusted to incorporated companies or other agencies who would exercise +that active and vigilant supervision over it which can be inspired alone by +a sense of corporate and individual interest. I venture to assert that the +additional cost of transporting troops, munitions of war, and necessary +supplies for the Army across the vast intervening plains to our possessions +on the Pacific Coast would be greater in such a war than the whole amount +required to construct the road. And yet this resort would after all be +inadequate for their defense and protection. + +We have yet scarcely recovered from the habits of extravagant expenditure +produced by our overflowing Treasury during several years prior to the +commencement of my Administration. The financial reverses which we have +since experienced ought to teach us all to scrutinize our expenditures with +the greatest vigilance and to reduce them to the lowest possible point. The +Executive Departments of the Government have devoted themselves to the +accomplishment of this object with considerable success, as will appear +from their different reports and estimates. To these I invite the scrutiny +of Congress, for the purpose of reducing them still lower, if this be +practicable consistent with the great public interests of the country. In +aid of the policy of retrenchment, I pledge myself to examine closely the +bills appropriating lands or money, so that if any of these should +inadvertently pass both Houses, as must sometimes be the case, I may afford +them an opportunity for reconsideration. At the same time, we ought never +to forget that true public economy consists not in withholding the means +necessary to accomplish important national objects confided to us by the +Constitution, but in taking care that the money appropriated for these +purposes shall be faithfully and frugally expended. + +It will appear from the report of the Secretary of the Treasury that it is +extremely doubtful, to say the least, whether we shall be able to pass +through the present and the next fiscal year without providing additional +revenue. This can only be accomplished by strictly confining the +appropriations within the estimates of the different Departments, without +making an allowance for any additional expenditures which Congress may +think proper, in their discretion, to authorize, and without providing for +the redemption of any portion of the $20,000,000 of Treasury notes which +have been already issued. In the event of a deficiency, which I consider +probable, this ought never to be supplied by a resort to additional loans. +It would be a ruinous practice in the days of peace and prosperity to go on +increasing the national debt to meet the ordinary expenses of the +Government. This policy would cripple our resources and impair our credit +in case the existence of war should render it necessary to borrow money. +Should such a deficiency occur as I apprehend, I would recommend that the +necessary revenue be raised by an increase of our present duties on +imports. I need not repeat the opinions expressed in my last annual message +as to the best mode and manner of accomplishing this object, and shall now +merely observe that these have since undergone no change. The report of the +Secretary of the Treasury will explain in detail the operations of that +Department of the Government. The receipts into the Treasury from all +sources during the fiscal year ending June 30, 1859, including the loan +authorized by the act of June 14, 1858, and the issues of Treasury notes +authorized by existing laws, were $81,692,471.01, which sum, with the +balance of $6,398,316.10 remaining in the Treasury at the commencement of +that fiscal year, made an aggregate for the service of the year of +$88,090,787.11. + +The public expenditures during the fiscal year ending June 30, 1859, +amounted to $83,751,511.57. Of this sum $17,405,285.44 were applied to the +payment of interest on the public debt and the redemption of the issues of +Treasury notes. The expenditures for all other branches of the public +service during that fiscal year were therefore $66,346,226.13. The balance +remaining in the Treasury on the 1st July, 1859, being the commencement of +the present fiscal year, was $4,339,275.54. The receipts into the Treasury +during the first quarter of the present fiscal year, commencing July 1, +1859, were $20,618,865.85. Of this amount $3,821,300 was received on +account of the loan and the issue of Treasury notes, the amount of +$16,797,565.85 having been received during the quarter from the ordinary +sources of public revenue. The estimated receipts for the remaining three +quarters of the present fiscal year, to June 30, 1860, are $50,426,400. Of +this amount it is estimated that $5,756,400 will be received for Treasury +notes which may be reissued under the fifth section of the act of 3d March +last, and $1,170,000 on account of the loan authorized by the act of June +14, 1858, making $6,926,400 from these extraordinary sources, and +$43,500,000 from the ordinary sources of the public revenue, making an +aggregate, with the balance in the Treasury on the 1st July, 1859, of +$75,384,541.89 for the estimated means of the present fiscal year, ending +June 30, 1860. + +The expenditures during the first quarter of the present fiscal year were +$20,007,174.76. Four million six hundred and sixty-four thousand three +hundred and sixty-six dollars and seventy-six cents of this sum were +applied to the payment of interest on the public debt and the redemption of +the issues of Treasury notes, and the remainder, being $15,342,808, were +applied to ordinary expenditures during the quarter. The estimated +expenditures during the remaining three quarters, to June 30, 1860, are +$40,995,558.23, of which sum $2,886,621.34 are estimated for the interest +on the public debt. The ascertained and estimated expenditures for the +fiscal year ending June 30, 1860, on account of the public debt are +accordingly $7,550,988.10, and for the ordinary expenditures of the +Government $53,451,744.89, making an aggregate of $61,002,732.99, leaving +an estimated balance in the Treasury on June 30, 1860, of $14,381,808.40. + +The estimated receipts during the next fiscal year, ending June 30, 1861, +are $66,225,000, which, with the balance estimated, as before stated, as +remaining in the Treasury on the 30th June, 1860, will make an aggregate +for the service of the next fiscal year of $80,606,808.40. + +The estimated expenditures during the next fiscal year, ending 30th June, +1861, are $66,714,928.79. Of this amount $3,386,621.34 will be required to +pay the interest on the public debt, leaving the sum of $63,328,307.45 for +the estimated ordinary expenditures during the fiscal year ending 30th +June, 1861. Upon these estimates a balance will be left in the Treasury on +the 30th June, 1861, of $13,891,879.61. But this balance, as well as that +estimated to remain in the Treasury on the 1st July, 1860, will be reduced +by such appropriations as shall be made by law to carry into effect certain +Indian treaties during the present fiscal year, asked for by the Secretary +of the Interior, to the amount of $539,350; and upon the estimates of the +postmaster-General for the service of his Department the last fiscal year, +ending 30th June, 1859, amounting to $4,296,009, together with the further +estimate of that officer for the service of the present fiscal year, ending +30th June, 1860, being $5,526,324, making an aggregate of $10,361,683. + +Should these appropriations be made as requested by the proper Departments, +the balance in the Treasury on the 30th June, 1861, will not, it is +estimated, exceed $3,530,196.61. + +I transmit herewith the reports of the Secretaries of War, of the Navy, of +the Interior, and of the postmaster-General. They each contain valuable +information and important recommendations well worthy of the serious +consideration of Congress. It will appear from the report of the Secretary +of War that the Army expenditures have been materially reduced by a system +of rigid economy, which in his opinion offers every guaranty that the +reduction will be permanent. The estimates of the Department for the next +have been reduced nearly $2,000,000 below the estimates for the present +fiscal year and $500,000 below the amount granted for this year at the last +session of Congress. + +The expenditures of the Post-Office Department during the past fiscal year, +ending on the 30th June, 1859, exclusive of payments for mail service +specially provided for by Congress out of the general Treasury, amounted to +$14,964,493.33 and its receipts to $7,968,484.07, showing a deficiency to +be supplied from the Treasury of $6,996,009.26, against $5,235,677.15 for +the year ending 30th June, 1858. The increased cost of transportation, +growing out of the expansion of the service required by Congress, explains +this rapid augmentation of the expenditures. It is gratifying, however, to +observe an increase of receipts for the year ending on the 30th of June, +1859, equal to $481,691.21 compared with those in the year ending on the +30th June, 1858. + +It is estimated that the deficiency for the current fiscal year will be +$5,988,424.04, but that for the year ending 30th June, 1861, it will not +exceed $1,342,473.90 should Congress adopt the measures of reform proposed +and urged by the Postmaster-General. Since the month of March retrenchments +have been made in the expenditures amounting to $1,826,471 annually, which, +however, did not take effect until after the commencement of the present +fiscal year. The period seems to have arrived for determining the question +whether this Department shall become a permanent and ever-increasing charge +upon the Treasury, or shall be permitted to resume the self-sustaining +policy which had so long controlled its administration. The course of +legislation recommended by the Postmaster-General for the relief of the +Department from its present embarrassments and for restoring it to its +original independence is deserving of your early and earnest +consideration. + +In conclusion I would again commend to the just liberality of Congress the +local interests of the District of Columbia. Surely the city bearing the +name of Washington, and destined, I trust, for ages to be the capital of +our united, free, and prosperous Confederacy, has strong claims on our +favorable regard. + +*** + +State of the Union Address +James Buchanan +December 3, 1860 + +Fellow-Citizens of the Senate and House of Representatives: + +Throughout the year since our last meeting the country has been eminently +prosperous in all its material interests. The general health has been +excellent, our harvests have been abundant, and plenty smiles throughout +the laud. Our commerce and manufactures have been prosecuted with energy +and industry, and have yielded fair and ample returns. In short, no nation +in the tide of time has ever presented a spectacle of greater material +prosperity than we have done until within a very recent period. + +Why is it, then, that discontent now so extensively prevails, and the Union +of the States, which is the source of all these blessings, is threatened +with destruction? + +The long-continued and intemperate interference of the Northern people with +the question of slavery in the Southern States has at length produced its +natural effects. The different sections of the Union are now arrayed +against each other, and the time has arrived, so much dreaded by the Father +of his Country, when hostile geographical parties have been formed. + +I have long foreseen and often forewarned my countrymen of the now +impending danger. This does not proceed solely from the claim on the part +of Congress or the Territorial legislatures to exclude slavery from the +Territories, nor from the efforts of different States to defeat the +execution of the fugitive-slave law. All or any of these evils might have +been endured by the South without danger to the Union (as others have been) +in the hope that time and reflection might apply the remedy. The immediate +peril arises not so much from these causes as from the fact that the +incessant and violent agitation of the slavery question throughout the +North for the last quarter of a century has at length produced its malign +influence on the slaves and inspired them with vague notions of freedom. +Hence a sense of security no longer exists around the family altar. This +feeling of peace at home has given place to apprehensions of servile +insurrections. Many a matron throughout the South retires at night in dread +of what may befall herself and children before the morning. Should this +apprehension of domestic danger, whether real or imaginary, extend and +intensify itself until it shall pervade the masses of the Southern people, +then disunion will become inevitable. Self-preservation is the first law of +nature, and has been implanted in the heart of man by his Creator for the +wisest purpose; and no political union, however fraught with blessings and +benefits in all other respects, can long continue if the necessary +consequence be to render the homes and the firesides of nearly half the +parties to it habitually and hopelessly insecure. Sooner or later the bonds +of such a union must be severed. It is my conviction that this fatal period +has not yet arrived, and my prayer to God is that He would preserve the +Constitution and the Union throughout all generations. + +But let us take warning in time and remove the cause of danger. It can not +be denied that for five and twenty years the agitation at the North against +slavery has been incessant. In 1835 pictorial handbills and inflammatory +appeals were circulated extensively throughout the South of a character to +excite the passions of the slaves, and, in the language of General Jackson, +"to stimulate them to insurrection and produce all the horrors of a servile +war." This agitation has ever since been continued by the public press, by +the proceedings of State and county conventions and by abolition sermons +and lectures. The time of Congress has been occupied in violent speeches on +this never-ending subject, and appeals, in pamphlet and other forms, +indorsed by distinguished names, have been sent forth from this central +point and spread broadcast over the Union. + +How easy would it be for the American people to settle the slavery question +forever and to restore peace and harmony to this distracted country! They, +and they alone, can do it. All that is necessary to accomplish the object, +and all for which the slave States have ever contended, is to be let alone +and permitted to manage their domestic institutions in their own way. As +sovereign States, they, and they alone, are responsible before God and the +world for the slavery existing among them. For this the people of the North +are not more responsible and have no more fight to interfere than with +similar institutions in Russia or in Brazil. + +Upon their good sense and patriotic forbearance I confess I still greatly +rely. Without their aid it is beyond the power of any President, no matter +what may be his own political proclivities, to restore peace and harmony +among the States. Wisely limited and restrained as is his power under our +Constitution and laws, he alone can accomplish but little for good or for +evil on such a momentous question. + +And this brings me to observe that the election of any one of our +fellow-citizens to the office of President does not of itself afford just +cause for dissolving the Union. This is more especially true if his +election has been effected by a mere plurality, and not a majority of the +people, and has resulted from transient and temporary causes, which may +probably never again occur. In order to justify a resort to revolutionary +resistance, the Federal Government must be guilty of "a deliberate, +palpable, and dangerous exercise" of powers not granted by the +Constitution. + +The late Presidential election, however, has been held in strict conformity +with its express provisions. How, then, can the result justify a revolution +to destroy this very Constitution? Reason, justice, a regard for the +Constitution, all require that we shall wait for some overt and dangerous +act on the part of the President elect before resorting to such a remedy. +It is said, however, that the antecedents of the President-elect have been +sufficient to justify the fears of the South that he will attempt to invade +their constitutional rights. But are such apprehensions of contingent +danger in the future sufficient to justify the immediate destruction of the +noblest system of government ever devised by mortals? From the very nature +of his office and its high responsibilities he must necessarily be +conservative. The stern duty of administering the vast and complicated +concerns of this Government affords in itself a guaranty that he will not +attempt any violation of a clear constitutional right. + +After all, he is no more than the chief executive officer of the +Government. His province is not to make but to execute the laws. And it is +a remarkable fact in our history that, notwithstanding the repeated efforts +of the antislavery party, no single act has ever passed Congress, unless we +may possibly except the Missouri compromise, impairing in the slightest +degree the rights of the South to their property in slaves; and it may also +be observed, judging from present indications, that no probability exists +of the passage of such an act by a majority of both Houses, either in the +present or the next Congress. Surely under these circumstances we ought to +be restrained from present action by the precept of Him who spake as man +never spoke, that "sufficient unto the day is the evil thereof." The day of +evil may never come unless we shall rashly bring it upon ourselves. + +It is alleged as one cause for immediate secession that the Southern States +are denied equal rights with the other States in the common Territories. +But by what authority are these denied? Not by Congress, which has never +passed, and I believe never will pass, any act to exclude slavery from +these Territories; and certainly not by the Supreme Court, which has +solemnly decided that slaves are property, and, like all other property, +their owners have a right to take them into the common Territories and hold +them there under the protection of the Constitution. + +So far then, as Congress is concerned, the objection is not to anything +they have already done, but to what they may do hereafter. It will surely +be admitted that this apprehension of future danger is no good reason for +an immediate dissolution of the Union. It is true that the Territorial +legislature of Kansas, on the 23d February, 1860, passed in great haste an +act over the veto of the governor declaring that slavery "is and shall be +forever prohibited in this Territory." Such an act, however, plainly +violating the rights of property secured by the Constitution, will surely +be declared void by the judiciary whenever it shall be presented in a legal +form. + +Only three days after my inauguration the Supreme Court of the United +States solemnly adjudged that this power did not exist in a Territorial +legislature. Yet such has been the factious temper of the times that the +correctness of this decision has been extensively impugned before the +people, and the question has given rise to angry political conflicts +throughout the country. Those who have appealed from this judgment of our +highest constitutional tribunal to popular assemblies would, if they could, +invest a Territorial legislature with power to annul the sacred rights of +property. This power Congress is expressly forbidden by the Federal +Constitution to exercise. Every State legislature in the Union is forbidden +by its own constitution to exercise it. It can not be exercised in any +State except by the people in their highest sovereign capacity, when +framing or amending their State constitution. In like manner it can only be +exercised by the people of a Territory represented in a convention of +delegates for the purpose of framing a constitution preparatory to +admission as a State into the Union. Then, and not until then, are they +invested with power to decide the question whether slavery shall or shall +not exist within their limits. This is an act of sovereign authority, and +not of subordinate Territorial legislation. Were it otherwise, then indeed +would the equality of the States in the Territories be destroyed, and the +rights of property in slaves would depend not upon the guaranties of the +Constitution, but upon the shifting majorities of an irresponsible +Territorial legislature. Such a doctrine, from its intrinsic unsoundness, +can not long influence any considerable portion of our people, much less +can it afford a good reason for a dissolution of the Union. + +The most palpable violations of constitutional duty which have yet been +committed consist in the acts of different State legislatures to defeat the +execution of the fugitive-slave law. It ought to be remembered, however, +that for these acts neither Congress nor any President can justly be held +responsible. Having been passed in violation of the Federal Constitution, +they are therefore null and void. All the courts, both State and national, +before whom the question has arisen have from the beginning declared the +fugitive-slave law to be constitutional. The single exception is that of a +State court in Wisconsin, and this has not only been reversed by the proper +appellate tribunal, but has met with such universal reprobation that there +can be no danger from it as a precedent. The validity of this law has been +established over and over again by the Supreme Court of the United States +with perfect unanimity. It is rounded upon an express provision of the +Constitution, requiring that fugitive slaves who escape from service in one +State to another shall be "delivered up" to their masters. Without this +provision it is a well-known historical fact that the Constitution itself +could never have been adopted by the Convention. In one form or other, +under the acts of 1793 and 1850, both being substantially the same, the +fugitive-slave law has been the law of the land from the days of Washington +until the present moment. Here, then, a clear case is presented in which it +will be the duty of the next President, as it has been my own, to act with +vigor in executing this supreme law against the conflicting enactments of +State legislatures. Should he fail in the performance of this high duty, he +will then have manifested a disregard of the Constitution and laws, to the +great injury of the people of nearly one-half of the States of the Union. +But are we to presume in advance that he will thus violate his duty? This +would be at war with every principle of justice and of Christian charity. +Let us wait for the overt act. The fugitive-slave law has been carried into +execution in every contested case since the commencement of the present +Administration, though Often, it is to be regretted, with great loss and +inconvenience to the master and with considerable expense to the +Government. Let us trust that the State legislatures will repeal their +unconstitutional and obnoxious enactments. Unless this shall be done +without unnecessary delay, it is impossible for any human power to save the +Union. + +The Southern States, standing on the basis of the Constitution, have right +to demand this act of justice from the States of the North. Should it be +refused, then the Constitution, to which all the States are parties, will +have been willfully violated by one portion of them in a provision +essential to the domestic security and happiness of the remainder. In that +event the injured States, after having first used all peaceful and +constitutional means to obtain redress, would be justified in revolutionary +resistance to the Government of the Union. + +I have purposely confined my remarks to revolutionary resistance, because +it has been claimed within the last few years that any State, whenever this +shall be its sovereign will and pleasure, may secede from the Union in +accordance with the Constitution and without any violation of the +constitutional rights of the other members of the Confederacy; that as each +became parties to the Union by the vote of its own people assembled in +convention, so any one of them may retire from the Union in a similar +manner by the vote of such a convention. + +In order to justify secession as a constitutional remedy, it must be on the +principle that the Federal Government is a mere voluntary association of +States, to be dissolved at pleasure by any one of the contracting parties. +If this be so, the Confederacy is a rope of sand, to be penetrated and +dissolved by the first adverse wave of public opinion in any of the States. +In this manner our thirty-three States may resolve themselves into as many +petty, jarring, and hostile republics, each one retiring from the Union +without responsibility whenever any sudden excitement might impel them to +such a course. By this process a Union might be entirely broken into +fragments in a few weeks which cost our forefathers many years of toil, +privation, and blood to establish. + +Such a principle is wholly inconsistent with the history as well as the +character of the Federal Constitution. After it was framed with the +greatest deliberation and care it was submitted to conventions of the +people of the several States for ratification. Its provisions were +discussed at length in these bodies, composed of the first men of the +country. Its opponents contended that it conferred powers upon the Federal +Government dangerous to the rights of the States, whilst its advocates +maintained that under a fair construction of the instrument there was no +foundation for such apprehensions. In that mighty struggle between the +first intellects of this or any other country it never occurred to any +individual, either among its opponents or advocates, to assert or even to +intimate that their efforts were all vain labor, because the moment that +any State felt herself aggrieved she might secede from the Union. What a +crushing argument would this have proved against those who dreaded that the +rights of the States would be endangered by the Constitution! The truth is +that it was not until many years after the origin of the Federal Government +that such a proposition was first advanced. It was then met and refuted by +the conclusive arguments of General Jackson, who in his message of the 16th +of January, 1833, transmitting the nullifying ordinance of South Carolina +to Congress, employs the following language: + +The right of the people of a single State to absolve themselves at will and +without the consent of the other States from their most solemn obligations, +and hazard the liberties and happiness of the millions composing this +Union, can not be acknowledged. Such authority is believed to be utterly +repugnant both to the principles upon which the General Government is +constituted and to the objects which it is expressly formed to attain. + +It is not pretended that any clause in the Constitution gives countenance +to such a theory. It is altogether rounded upon inference; not from any +language contained in the instrument itself, but from the sovereign +character of the several States by which it was ratified. But is it beyond +the power of a State, like an individual, to yield a portion of its +sovereign rights to secure the remainder? In the language of Mr. Madison, +who has been called the father of the Constitution-- + +It was formed by the States; that is, by the people in each of the States +acting in their highest sovereign capacity, and formed, consequently, by +the same authority which formed the State constitutions. Nor is the +Government of the United States, created by the Constitution, less a +government, in the strict sense of the term, within the sphere of its +powers than the governments created by the constitutions of the States are +within their several spheres. It is, like them, organized into legislative, +executive, and judiciary departments. It operates, like them directly on +persons and things, and, like them, it has at command a physical force for +executing the powers committed to it. + +It was intended to be perpetual, and not to be annulled at the pleasure of +any one of the contracting parties. The old Articles of Confederation were +entitled "Articles of Confederation and Perpetual Union between the +States," and by the thirteenth article it is expressly declared that "the +articles of this Confederation shall be inviolably observed by every State, +and the Union shall be perpetual." The preamble to the Constitution of the +United States, having express reference to the Articles of Confederation, +recites that it was established "in order to form a more perfect union." +And yet it is contended that this "more perfect union" does not include the +essential attribute of perpetuity. + +But that the Union was designed to be perpetual appears conclusively from +the nature and extent of the powers conferred by the Constitution on the +Federal Government. These powers embrace the very highest attributes of +national sovereignty. They place both the sword and the purse under its +control. Congress has power to make war and to make peace, to raise and +support armies and navies, and to conclude treaties with foreign +governments. It is invested with the power to coin money and to regulate +the value thereof, and to regulate commerce with foreign nations and among +the several States. It is not necessary to enumerate the other high powers +which have been conferred upon the Federal Government. In order to carry +the enumerated powers into effect, Congress possesses the exclusive right +to lay and collect duties on imports, and, in common with the States, to +lay and collect all other taxes. + +But the Constitution has not only conferred these high powers upon +Congress, but it has adopted effectual means to restrain the States from +interfering with their exercise. For that purpose it has in strong +prohibitory language expressly declared that-- + +No State shall enter into any treaty, alliance, or confederation; grant +letters of marque and reprisal; coin money; emit bills of credit; make +anything but gold and silver coin a tender in payment of debts; pass any +bill of attainder, ex post facto law, or law impairing the obligation of +contracts. Moreover-- + +No State shall without the consent of the Congress lay any imposts or +duties on imports or exports, except what may be absolutely necessary for +executing its inspection laws. + +And if they exceed this amount the excess shall belong, to the United +States. And-- + +No State shall without the consent of Congress lay any duty of tonnage, +keep troops or ships of war in time of peace, enter into any agreement or +compact with another State or with a foreign power, or engage in war, +unless actually invaded or in such imminent danger as will not admit of +delay. + +In order still further to secure the uninterrupted exercise of these high +powers against State interposition, it is provided that-- + +This Constitution and the laws of the United States which shall be made in +pursuance thereof, and all treaties made or which shall be made under the +authority of the United States, shall be the supreme law of the land, and +the judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding. + +The solemn sanction of religion has been superadded to the obligations of +official duty, and all Senators and Representatives of the United States, +all members of State legislatures, and all executive and judicial officers, +"both of the United States and of the several States, shall be bound by +oath or affirmation to support this Constitution." + +In order to carry into effect these powers, the Constitution has +established a perfect Government in all its forms--legislative, executive, +and judicial; and this Government to the extent of its powers acts directly +upon the individual citizens of every State, and executes its own decrees +by the agency of its own officers. In this respect it differs entirely from +the Government under the old Confederation, which was confined to making +requisitions on the States in their sovereign character. This left it in +the discretion of each whether to obey or to refuse, and they often +declined to comply with such requisitions. It thus became necessary for the +purpose of removing this barrier and "in order to form a more perfect +union" to establish a Government which could act directly upon the people +and execute its own laws without the intermediate agency of the States. +This has been accomplished by the Constitution of the United States. In +short, the Government created by the Constitution, and deriving its +authority from the sovereign people of each of the several States, has +precisely the same right to exercise its power over the people of all these +States in the enumerated cases that each one of them possesses over +subjects not delegated to the United States, but "reserved to the States +respectively or to the people." + +To the extent of the delegated powers the Constitution of the United States +is as much a part of the constitution of each State and is as binding upon +its people as though it had been textually inserted therein. + +This Government, therefore, is a great and powerful Government, invested +with all the attributes of sovereignty over the special subjects to which +its authority extends. Its framers never intended to implant in its bosom +the seeds of its own destruction, nor were they at its creation guilty of +the absurdity of providing for its own dissolution. It was not intended by +its framers to be the baseless fabric of a vision, which at the touch of +the enchanter would vanish into thin air, but a substantial and mighty +fabric, capable of resisting the slow decay of time and of defying the +storms of ages. Indeed, well may the jealous patriots of that day have +indulged fears that a Government of such high powers might violate the +reserved rights of the States, and wisely did they adopt the rule of a +strict construction of these powers to prevent the danger. But they did not +fear, nor had they any reason to imagine, that the Constitution would ever +be so interpreted as to enable any State by her own act, and without the +consent of her sister States, to discharge her people from all or any of +their federal obligations. + +It may be asked, then, Are the people of the States without redress against +the tyranny and oppression of the Federal Government? By no means. The +right of resistance on the part of the governed against the oppression of +their governments can not be denied. It exists independently of all +constitutions, and has been exercised at all periods of the world's +history. Under it old governments have been destroyed and new ones have +taken their place. It is embodied in strong and express language in our own +Declaration of Independence. But the distinction must ever be observed that +this is revolution against an established government, and not a voluntary +secession from it by virtue of an inherent constitutional right. In short, +let us look the danger fairly in the face. Secession is neither more nor +less than revolution. It may or it may not be a justifiable revolution, but +still it is revolution. + +What, in the meantime, is the responsibility and true position of the +Executive? He is bound by solemn oath, before God and the country, "to take +care that the laws be faithfully executed," and from this obligation he can +not be absolved by any human power. But what if the performance of this +duty, in whole or in part, has been rendered impracticable by events over +which he could have exercised no control? Such at the present moment is the +case throughout the State of South Carolina so far as the laws of the +United States to secure the administration of justice by means of the +Federal judiciary are concerned. All the Federal officers within its limits +through whose agency alone these laws can be carried into execution have +already resigned. We no longer have a district judge, a district attorney, +or a marshal in South Carolina. In fact, the whole machinery of the Federal +Government necessary for the distribution of remedial justice among the +people has been demolished, and it would be difficult, if not impossible, +to replace it. + +The only acts of Congress on the statute book bearing upon this subject are +those of February 28, 1795, and March 3, 1807. These authorize the +President, after he shall have ascertained that the marshal, with his posse +comitatus, is unable to execute civil or criminal process in any particular +case, to call forth the militia and employ the Army and Navy to aid him in +performing this service, having first by proclamation commanded the +insurgents "to disperse and retire peaceably to their respective abodes +within a limited time" This duty can not by possibility be performed in a +State where no judicial authority exists to issue process, and where there +is no marshal to execute it, and where, even if there were such an officer, +the entire population would constitute one solid combination to resist +him. + +The bare enumeration of these provisions proves how inadequate they are +without further legislation to overcome a united opposition in a single +State, not to speak of other States who may place themselves in a similar +attitude. Congress alone has power to decide whether the present laws can +or can not be amended so as to carry out more effectually the objects of +the Constitution. + +The same insuperable obstacles do not lie in the way of executing the laws +for the collection of the customs. The revenue still continues to be +collected as heretofore at the custom-house in Charleston, and should the +collector unfortunately resign a successor may be appointed to perform this +duty. + +Then, in regard to the property of the United States in South Carolina. +This has been purchased for a fair equivalent, "by the consent of the +legislature of the State," "for the erection of forts, magazines, +arsenals," etc., and over these the authority "to exercise exclusive +legislation" has been expressly granted by the Constitution to Congress. It +is not believed that any attempt will be made to expel the United States +from this property by force; but if in this I should prove to be mistaken, +the officer in command of the forts has received orders to act strictly on +the defensive. In such a contingency the responsibility for consequences +would rightfully rest upon the heads of the assailants. + +Apart from the execution of the laws, so far as this may be practicable, +the Executive has no authority to decide what shall be the relations +between the Federal Government and South Carolina. He has been invested +with no such discretion. He possesses no power to change the relations +heretofore existing between them, much less to acknowledge the independence +of that State. This would be to invest a mere executive officer with the +power of recognizing the dissolution of the confederacy among our +thirty-three sovereign States. It bears no resemblance to the recognition +of a foreign de facto government, involving no such responsibility. Any +attempt to do this would, on his part, be a naked act of usurpation. It is +therefore my duty to submit to Congress the whole question in all its +beatings. The course of events is so rapidly hastening forward that the +emergency may soon arise when you may be called upon to decide the +momentous question whether you possess the power by force of arms to compel +a State to remain in the Union. I should feel myself recreant to my duty +were I not to express an opinion on this important subject. + +The question fairly stated is, Has the Constitution delegated to Congress +the power to coerce a State into submission which is attempting to withdraw +or has actually withdrawn from the Confederacy? If answered in the +affirmative, it must be on the principle that the power has been conferred +upon Congress to declare and to make war against a State. After much +serious reflection I have arrived at the conclusion that no such power has +been delegated to Congress or to any other department of the Federal +Government. It is manifest upon an inspection of the Constitution that this +is not among the specific and enumerated powers granted to Congress, and it +is equally apparent that its exercise is not "necessary and proper for +carrying into execution" any one of these powers. So far from this power +having been delegated to Congress, it was expressly refused by the +Convention which framed the Constitution. + +It appears from the proceedings of that body that on the 31st May, 1787, +the clause "authorizing an exertion of the force of the whole against a +delinquent State" came up for consideration. Mr. Madison opposed it in a +brief but powerful speech, from which I shall extract but a single +sentence. He observed: + +The use of force against a State would look more like a declaration of war +than an infliction of punishment, and would probably be considered by the +party attacked as a dissolution of all previous compacts by which it might +be bound. + +Upon his motion the clause was unanimously postponed, and was never, I +believe, again presented. Soon afterwards, on the 8th June, 1787, when +incidentally adverting to the subject, he said: "Any government for the +United States formed on the supposed practicability of using force against +the unconstitutional proceedings of the States would prove as visionary and +fallacious as the government of Congress," evidently meaning the then +existing Congress of the old Confederation. + +Without descending to particulars, it may be safely asserted that the power +to make war against a State is at variance with the whole spirit and intent +of the Constitution. Suppose such a war should result in the conquest of a +State; how are we to govern it afterwards? Shall we hold it as a province +and govern it by despotic power? In the nature of things, we could not by +physical force control the will of the people and compel them to elect +Senators and Representatives to Congress and to perform all the other +duties depending upon their own volition and required from the free +citizens of a free State as a constituent member of the Confederacy. + +But if we possessed this power, would it be wise to exercise it under +existing circumstances? The object would doubtless be to preserve the +Union. War would not only present the most effectual means of destroying +it, but would vanish all hope of its peaceable reconstruction. Besides, in +the fraternal conflict a vast amount of blood and treasure would be +expended, rendering future reconciliation between the States impossible. In +the meantime, who can foretell what would be the sufferings and privations +of the people during its existence? + +The fact is that our Union rests upon public opinion, and can never be +cemented by the blood of its citizens shed in civil war. If it can not live +in the affections of the people, it must one day perish. Congress possesses +many means of preserving it by conciliation, but the sword was not placed +in their hand to preserve it by force. + +But may I be permitted solemnly to invoke my countrymen to pause and +deliberate before they determine to destroy this the grandest temple which +has ever been dedicated to human freedom since the world began? It has been +consecrated by the blood of our fathers, by the glories of the past, and by +the hopes of the future. The Union has already made us the most prosperous, +and ere long will, if preserved, render us the most powerful, nation on the +face of the earth. In every foreign region of the globe the title of +American citizen is held in the highest respect, and when pronounced in a +foreign land it causes the hearts of our countrymen to swell with honest +pride. Surely when we reach the brink of the yawning abyss we shall recoil +with horror from the last fatal plunge. + +By such a dread catastrophe the hopes of the friends of freedom throughout +the world would be destroyed, and a long night of leaden despotism would +enshroud the nations. Our example for more than eighty years would not only +be lost, but it would be quoted as a conclusive proof that man is unfit for +self-government. + +It is not every wrong--nay, it is not every grievous wrong--which can +justify a resort to such a fearful alternative. This ought to be the last +desperate remedy of a despairing people, after every other constitutional +means of conciliation had been exhausted. We should reflect that under this +free Government there is an incessant ebb and flow in public opinion. The +slavery question, like everything human, will have its day. I firmly +believe that it has reached and passed the culminating point. But if in the +midst of the existing excitement the Union shall perish, the evil may then +become irreparable. + +Congress can contribute much to avert it by proposing and recommending to +the legislatures of the several States the remedy for existing evils which +the Constitution has itself provided for its own preservation. This has +been tried at different critical periods of our history, and always with +eminent success. It is to be found in the fifth article, providing for its +own amendment. Under this article amendments have been proposed by +two-thirds of both Houses of Congress, and have been "ratified by the +legislatures of three-fourths of the several States," and have consequently +become parts of the Constitution. To this process the country is indebted +for the clause prohibiting Congress from passing any law respecting an +establishment of religion or abridging the freedom of speech or of the +press or of the right of petition. To this we are also indebted for the +bill of rights which secures the people against any abuse of power by the +Federal Government. Such were the apprehensions justly entertained by the +friends of State rights at that period as to have rendered it extremely +doubtful whether the Constitution could have long survived without those +amendments. + +Again the Constitution was amended by the same process, after the election +of President Jefferson by the House of Representatives, in February, 1803. +This amendment was rendered necessary to prevent a recurrence of the +dangers which had seriously threatened the existence of the Government +during the pendency of that election. The article for its own amendment was +intended to secure the amicable adjustment of conflicting constitutional +questions like the present which might arise between the governments of the +States and that of the United States. This appears from contemporaneous +history. In this connection I shall merely call attention to a few +sentences in Mr. Madison's justly celebrated report, in 1799, to the +legislature of Virginia. In this he ably and conclusively defended the +resolutions of the preceding legislature against the strictures of several +other State legislatures. These were mainly rounded upon the protest of the +Virginia legislature against the "alien and sedition acts," as "palpable +and alarming infractions of the Constitution." In pointing out the peaceful +and constitutional remedies--and he referred to none other--to which the +States were authorized to resort on such occasions, he concludes by saying +that-- + +The legislatures of the States might have made a direct representation to +Congress with a view to obtain a rescinding of the two offensive acts, or +they might have represented to their respective Senators in Congress their +wish that two-thirds thereof would propose an explanatory amendment to the +Constitution; or two-thirds of themselves, if such had been their option, +might by an application to Congress have obtained a convention for the same +object. + +This is the very course which I earnestly recommend in order to obtain an +"explanatory amendment" of the Constitution on the subject of slavery. This +might originate with Congress or the State legislatures, as may be deemed +most advisable to attain the object. The explanatory amendment might be +confined to the final settlement of the true construction of the +Constitution on three special points: + +1. An express recognition of the right of property in slaves in the States +where it now exists or may hereafter exist. + +2. The duty of protecting this right in all the common Territories +throughout their Territorial existence, and until they shall be admitted as +States into the Union, with or without slavery, as their constitutions may +prescribe. + +3. A like recognition of the right of the master to have his slave who has +escaped from one State to another restored and "delivered up" to him, and +of the validity of the fugitive-slave law enacted for this purpose, +together with a declaration that all State laws impairing or defeating this +right are violations of the Constitution, and are consequently null and +void. It may be objected that this construction of the Constitution has +already been settled by the Supreme Court of the United States, and what +more ought to be required? The answer is that a very large proportion of +the people of the United States still contest the correctness of this +decision, and never will cease from agitation and admit its binding force +until clearly established by the people of the several States in their +sovereign character. Such an explanatory amendment would, it is believed, +forever terminate the existing dissensions, and restore peace and harmony +among the States. + +It ought not to be doubted that such an appeal to the arbitrament +established by the Constitution itself would be received with favor by all +the States of the Confederacy. In any event, it ought to be tried in a +spirit of conciliation before any of these States shall separate themselves +from the Union. + +When I entered upon the duties of the Presidential office, the aspect +neither of our foreign nor domestic affairs was at all satisfactory. We +were involved in dangerous complications with several nations, and two of +our Territories were in a state of revolution against the Government. A +restoration of the African slave trade had numerous and powerful advocates. +Unlawful military expeditions were countenanced by many of our citizens, +and were suffered, in defiance of the efforts of the Government, to escape +from our shores for the purpose of making war upon the offending people of +neighboring republics with whom we were at peace. In addition to these and +other difficulties, we experienced a revulsion in monetary affairs soon +after my advent to power of unexampled severity and of ruinous consequences +to all the great interests of the country. When we take a retrospect of +what was then our condition and contrast this with its material prosperity +at the time of the late Presidential election, we have abundant reason to +return our grateful thanks to that merciful Providence which has never +forsaken us as a nation in all our past trials. + +Our relations with Great Britain are of the most friendly character. Since +the commencement of my Administration the two dangerous questions arising +from the Clayton and Bulwer treaty and from the right of search claimed by +the British Government have been amicably and honorably adjusted. + +The discordant constructions of the Clayton and Bulwer treaty between the +two Governments, which at different periods of the discussion bore a +threatening aspect, have resulted in a final settlement entirely +satisfactory to this Government. In my last annual message I informed +Congress that the British Government had not then "completed treaty +arrangements with the Republics of Honduras and Nicaragua in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished." +This confident expectation has since been fulfilled. Her Britannic Majesty +concluded a treaty with Honduras on the 28th November, 1859, and with +Nicaragua on the 28th August, 1860, relinquishing the Mosquito +protectorate. Besides, by the former the Bay Islands are recognized as a +part of the Republic of Honduras. It may be observed that the stipulations +of these treaties conform in every important particular to the amendments +adopted by the Senate of the United States to the treaty concluded at +London on the 17th October, 1856, between the two Governments. It will be +recollected that this treaty was rejected by the British Government because +of its objection to the just and important amendment of the Senate to the +article relating to Ruatan and the other islands in the Bay of Honduras. + +It must be a source of sincere satisfaction to all classes of our +fellow-citizens, and especially to those engaged in foreign commerce, that +the claim on the part of Great Britain forcibly to visit and search +American merchant vessels on the high seas in time of peace has been +abandoned. This was by far the most dangerous question to the peace of the +two countries which has existed since the War of 1812. Whilst it remained +open they might at any moment have been precipitated into a war. This was +rendered manifest by the exasperated state of public feeling throughout our +entire country produced by the forcible search of American merchant vessels +by British cruisers on the coast of Cuba in the spring of 1858. The +American people hailed with general acclaim the orders of the Secretary of +the Navy to our naval force in the Gulf of Mexico "to protect all vessels +of the United States on the high seas from search or detention by the +vessels of war of any other nation." These orders might have produced an +immediate collision between the naval forces of the two countries. This was +most fortunately prevented by an appeal to the justice of Great Britain and +to the law of nations as expounded by her own most eminent jurists. + +The only question of any importance which still remains open is the +disputed title between the two Governments to the island of San Juan, in +the vicinity of Washington Territory. As this question is still under +negotiation, it is not deemed advisable at the present moment to make any +other allusion to the subject. + +The recent visit of the Prince of Wales, in a private character, to the +people of this country has proved to be a most auspicious event. In its +consequences it can not fail to increase the kindred and kindly feelings +which I trust may ever actuate the Government and people of both countries +in their political and social intercourse with each other. + +With France, our ancient and powerful ally, our relations continue to be of +the most friendly character. A decision has recently been made by a French +judicial tribunal, with the approbation of the Imperial Government, which +can not fail to foster the sentiments of mutual regard that have so long +existed between the two countries. Under the French law no person can serve +in the armies of France unless he be a French citizen. The law of France +recognizing the natural right of expatriation, it follows as a necessary +consequence that a Frenchman by the fact of having become a citizen of the +United States has changed his allegiance and has lost his native character. +He can not therefore be compelled to serve in the French armies in case he +should return to his native country. These principles were announced in +1852 by the French minister of war and in two late cases have been +confirmed by the French judiciary. In these, two natives of France have +been discharged from the French army because they had become American +citizens. To employ the language of our present minister to France, who has +rendered good service on this occasion. "I do not think our French +naturalized fellow-citizens will hereafter experience much annoyance on +this subject." + +I venture to predict that the time is not far distant when the other +continental powers will adopt the same wise and just policy which has done +so much honor to the enlightened Government of the Emperor. In any event, +our Government is bound to protect the rights of our naturalized citizens +everywhere to the same extent as though they had drawn their first breath +in this country. We can recognize no distinction between our native and +naturalized citizens. + +Between the great Empire of Russia and the United States the mutual +friendship and regard which has so long existed still continues to prevail, +and if possible to increase. Indeed, our relations with that Empire are all +that we could desire. Our relations with Spain are now of a more +complicated, though less dangerous, character than they have been for many +years. Our citizens have long held and continue to hold numerous claims +against the Spanish Government. These had been ably urged for a series of +years by our successive diplomatic representatives at Madrid, but without +obtaining redress. The Spanish Government finally agreed to institute a +joint commission for the adjustment of these claims, and on the 5th day of +March, 1860, concluded a convention for this purpose with our present +minister at Madrid. + +Under this convention what have been denominated the "Cuban claims," +amounting to $128,635.54, in which more than 100 of our fellow-citizens are +interested, were recognized, and the Spanish Government agreed to pay +$100,000 of this amount "within three months following the exchange of +ratifications." The payment of the remaining $28,635.54 was to await the +decision of the commissioners for or against the Amistad claim; but in any +event the balance was to be paid to the claimants either by Spain or the +United States. These terms, I have every reason to know, are highly +satisfactory to the holders of the Cuban claims. Indeed, they have made a +formal offer authorizing the State Department to settle these claims and to +deduct the amount of the Amistad claim from the sums which they are +entitled to receive from Spain. This offer, of course, can not be accepted. +All other claims of citizens of the United States against Spain, or the +subjects of the Queen of Spain against the United States, including the +Amistad claim, were by this convention referred to a board of commissioners +in the usual form. Neither the validity of the Amistad claim nor of any +other claim against either party, with the single exception of the Cuban +claims, was recognized by the convention. Indeed, the Spanish Government +did not insist that the validity of the Amistad claim should be thus +recognized, notwithstanding its payment had been recommended to Congress by +two of my predecessors, as well as by myself, and an appropriation for that +purpose had passed the Senate of the United States. + +They were content that it should be submitted to the board for examination +and decision like the other claims. Both Governments were bound +respectively to pay the amounts awarded to the several claimants "at such +times and places as may be fixed by and according to the tenor of said +awards." + +I transmitted this convention to the Senate for their constitutional action +on the 3d of May, 1860, and on the 27th of the succeeding June they +determined that they would "not advise and consent" to its ratification. + +These proceedings place our relations with Spain in an awkward and +embarrassing position. It is more than probable that the final adjustment +of these claims will devolve upon my successor. + +I reiterate the recommendation contained in my annual message of December, +1858, and repeated in that of December, 1859, in favor of the acquisition +of Cuba from Spain by fair purchase. I firmly believe that such an +acquisition would contribute essentially to the well-being and prosperity +of both countries in all future time, as well as prove the certain means of +immediately abolishing the African slave trade throughout the world. I +would not repeat this recommendation upon the present occasion if I +believed that the transfer of Cuba to the United States upon conditions +highly favorable to Spain could justly tarnish the national honor of the +proud and ancient Spanish monarchy. Surely no person ever attributed to the +first Napoleon a disregard of the national honor of France for transferring +Louisiana to the United States for a fair equivalent, both in money and +commercial advantages. + +With the Emperor of Austria and the remaining continental powers of Europe, +including that of the Sultan, our relations continue to be of the most +friendly character. + +The friendly and peaceful policy pursued by the Government of the United +States toward the Empire of China has produced the most satisfactory +results. The treaty of Tien-tsin of the 18th June, 1858, has been +faithfully observed by the Chinese authorities. The convention of the 8th +November, 1858, supplementary to this treaty, for the adjustment and +satisfaction of the claims of our citizens on China referred to in my last +annual message, has been already carried into effect so far as this was +practicable. Under this convention the sum of 500,000 taels, equal to about +$700,000, was stipulated to be paid in satisfaction of the claims of +American citizens out of the one-fifth of the receipts for tonnage, import, +and export duties on American vessels at the ports of Canton, Shanghai, and +Fuchau, and it was "agreed that this amount shall be in full liquidation of +all claims of American citizens at the various ports to this date." +Debentures for this amount, to wit, 300,000 taels for Canton, 100,000 for +Shanghai, and 100,000 for Fuchau, were delivered, according to the terms of +the convention, by the respective Chinese collectors of the customs of +these ports to the agent selected by our minister to receive the same. +Since that time the claims of our citizens have been adjusted by the board +of commissioners appointed for that purpose under the act of March 3, 1859, +and their awards, which proved satisfactory to the claimants, have been +approved by our minister. In the aggregate they amount to the sum of +$498,694.78. The claimants have already received a large proportion of the +sums awarded to them out of the fund provided, and it is confidently +expected that the remainder will ere long be entirely paid. After the +awards shall have been satisfied there will remain a surplus of more than +$200,000 at the disposition of Congress. As this will, in equity, belong to +the Chinese Government, would not justice require its appropriation to some +benevolent object in which the Chinese may be specially interested? + +Our minister to China, in obedience to his instructions, has remained +perfectly neutral in the war between Great Britain and France and the +Chinese Empire, although, in conjunction with the Russian minister, he was +ever ready and willing, had the opportunity offered, to employ his good +offices in restoring peace between the parties. It is but an act of simple +justice, both to our present minister and his predecessor, to state that +they have proved fully equal to the delicate, trying, and responsible +positions in which they have on different occasions been placed. + +The ratifications of the treaty with Japan concluded at Yeddo on the 29th +July, 1858, were exchanged at Washington on the 22d May last, and the +treaty itself was proclaimed on the succeeding day. There is good reason to +expect that under its protection and influence our trade and intercourse +with that distant and interesting people will rapidly increase. + +The ratifications of the treaty were exchanged with unusual solemnity. For +this purpose the Tycoon had accredited three of his most distinguished +subjects as envoys extraordinary and ministers plenipotentiary, who were +received and treated with marked distinction and kindness, both by the +Government and people of the United States. There is every reason to +believe that they have returned to their native land entirely satisfied +with their visit and inspired by the most friendly feelings for our +country. Let us ardently hope, in the language of the treaty itself, that +"there shall henceforward be perpetual peace and friendship between the +United States of America and His Majesty the Tycoon of Japan and his +successors." + +With the wise, conservative, and liberal Government of the Empire of Brazil +our relations continue to be of the most amicable character. + +The exchange of the ratifications of the convention with the Republic of +New Granada signed at Washington on the 10th of September, 1857, has been +long delayed from accidental causes for which neither party is censurable. +These ratifications were duly exchanged in this city on the 5th of November +last. Thus has a controversy been amicably terminated which had become so +serious at the period of my inauguration as to require me, on the 17th of +April, 1857, to direct our minister to demand his passports and return to +the United States. + +Under this convention the Government of New Granada has specially +acknowledged itself to be responsible to our citizens "for damages which +were caused by the riot at Panama on the 15th April, 1856." These claims, +together with other claims of our citizens which had been long urged in +vain, are referred for adjustment to a board of commissioners. I submit a +copy of the convention to Congress, and recommend the legislation necessary +to carry it into effect. + +Persevering efforts have been made for the adjustment of the claims of +American citizens against the Government of Costa Rica, and I am happy to +inform you that these have finally prevailed. A convention was signed at +the city of San Jose on the 2d July last, between the minister resident of +the United States in Costa Rica and the plenipotentiaries of that Republic, +referring these claims to a board of commissioners and providing for the +payment of their awards. This convention will be submitted immediately to +the Senate for their constitutional action. + +The claims of our citizens upon the Republic of Nicaragua have not yet been +provided for by treaty, although diligent efforts for this purpose have +been made by our minister resident to that Republic. These are still +continued, with a fair prospect of success. + +Our relations with Mexico remain in a most unsatisfactory condition. In my +last two annual messages I discussed extensively the subject of these +relations, and do not now propose to repeat at length the facts and +arguments then presented. They proved conclusively that our citizens +residing in Mexico and our merchants trading thereto had suffered a series +of wrongs and outrages such as we have never patiently borne from any other +nation. For these our successive ministers, invoking the faith of treaties, +had in the name of their country persistently demanded redress and +indemnification, but without the slightest effect. Indeed, so confident had +the Mexican authorities become of our patient endurance that they +universally believed they might commit these outrages upon American +citizens with absolute impunity. Thus wrote our minister in 1856, and +expressed the opinion that "nothing but a manifestation of the power of the +Government and of its purpose to punish these wrongs will avail." + +Afterwards, in 1857, came the adoption of a new constitution for Mexico, +the election of a President and Congress under its provisions, and the +inauguration of the President. Within one short month, however, this +President was expelled from the capital by a rebellion in the army, and the +supreme power of the Republic was assigned to General Zuloaga. This usurper +was in his turn soon compelled to retire and give place to General +Miramon. + +Under the constitution which had thus been adopted Senor Juarez, as chief +justice of the supreme court, became the lawful President of the Republic, +and it was for the maintenance of the constitution and his authority +derived from it that the civil war commenced and still continues to be +prosecuted. + +Throughout the year 1858 the constitutional party grew stronger and +stronger. In the previous history of Mexico a successful military +revolution at the capital had almost universally been the signal for +submission throughout the Republic. Not so on the present occasion. A +majority of the citizens persistently sustained the constitutional +Government. When this was recognized, in April, 1859, by the Government of +the United States, its authority extended over a large majority of the +Mexican States and people, including Vera Cruz and all the other important +seaports of the Republic. From that period our commerce with Mexico began +to revive, and the constitutional Government has afforded it all the +protection in its power. + +Meanwhile the Government of Miramon still held sway at the capital and over +the surrounding country, and continued its outrages against the few +American citizens who still had the courage to remain within its power. To +cap the climax, after the battle of Tacubaya, in April, 1859, General +Marquez ordered three citizens of the United States, two of them +physicians, to be seized in the hospital at that place, taken out and shot, +without crime and without trial. This was done, notwithstanding our +unfortunate countrymen were at the moment engaged in the holy cause of +affording relief to the soldiers of both parties who had been wounded in +the battle, without making any distinction between them. + +The time had arrived, in my opinion, when this Government was bound to +exert its power to avenge and redress the wrongs of our citizens and to +afford them protection in Mexico. The interposing obstacle was that the +portion of the country under the sway of Miramon could not be reached +without passing over territory under the jurisdiction of the constitutional +Government. Under these circumstances I deemed it my duty to recommend to +Congress in my last annual message the employment of a sufficient military +force to penetrate into the interior, where the Government of Miramon was +to be found, with or, if need be, without the consent of the Juarez +Government, though it was not doubted that this consent could be obtained. +Never have I had a clearer conviction on any subject than of the justice as +well as wisdom of such a policy. No other alternative was left except the +entire abandonment of our fellow-citizens who had gone to Mexico under the +faith of treaties to the systematic injustice, cruelty, and oppression of +Miramon's Government. Besides, it is almost certain that the simple +authority to employ this force would of itself have accomplished all our +objects without striking a single blow. The constitutional Government would +then ere this have been established at the City of Mexico, and would have +been ready and willing to the extent of its ability to do us justice. + +In addition--and I deem this a most important consideration--European +Governments would have been deprived of all pretext to interfere in the +territorial and domestic concerns of Mexico. We should thus have been +relieved from the obligation of resisting, even by force should this become +necessary, any attempt by these Governments to deprive our neighboring +Republic of portions of her territory--a duty from which we could not +shrink without abandoning the traditional and established policy of the +American people. I am happy to observe that, firmly relying upon the +justice and good faith of these Governments, there is no present danger +that such a contingency will happen. + +Having discovered that my recommendations would not be sustained by +Congress, the next alternative was to accomplish in some degree, if +possible, the same objects by treaty stipulations with the constitutional +Government. Such treaties were accordingly concluded by our late able and +excellent minister to Mexico, and on the 4th of January last were submitted +to the Senate for ratification. As these have not yet received the final +action of that body, it would be improper for me to present a detailed +statement of their provisions. Still, I may be permitted to express the +opinion in advance that they are calculated to promote the agricultural, +manufacturing, and commercial interests of the country and to secure our +just influence with an adjoining Republic as to whose fortunes and fate we +can never feel indifferent, whilst at the same time they provide for the +payment of a considerable amount toward the satisfaction of the claims of +our injured fellow-citizens. + +At the period of my inauguration I was confronted in Kansas by a +revolutionary government existing under what is called the "Topeka +constitution." Its avowed object was to subdue the Territorial government +by force and to inaugurate what was called the "Topeka government" in its +stead. To accomplish this object an extensive military organization was +formed, and its command intrusted to the most violent revolutionary +leaders. Under these circumstances it became my imperative duty to exert +the whole constitutional power of the Executive to prevent the flames of +civil war from again raging in Kansas, which in the excited state of the +public mind, both North and South, might have extended into the neighboring +States. The hostile parties in Kansas had been inflamed against each other +by emissaries both from the North and the South to a degree of malignity +without parallel in our history. To prevent actual collision and to assist +the civil magistrates in enforcing the laws, a strong detachment of the +Army was stationed in the Territory, ready to aid the marshal and his +deputies when lawfully called upon as a posse comitatus in the execution of +civil and criminal process. Still, the troubles in Kansas could not have +been permanently settled without an election by the people. + +The ballot box is the surest arbiter of disputes among freemen. Under this +conviction every proper effort was employed to induce the hostile parties +to vote at the election of delegates to frame a State constitution, and +afterwards at the election to decide whether Kansas should be a slave or +free State. + +The insurgent party refused to vote at either, lest this might be +considered a recognition on their part of the Territorial government +established by Congress. A better spirit, however, seemed soon after to +prevail, and the two parties met face to face at the third election, held +on the first Monday of January, 1858, for members of the legislature and +State officers under the Lecompton constitution. The result was the triumph +of the antislavery party at the polls. This decision of the ballot box +proved clearly that this party were in the majority, and removed the danger +of civil war. From that time we have heard little or nothing of the Topeka +government, and all serious danger of revolutionary troubles in Kansas was +then at an end. + +The Lecompton constitution, which had been thus recognized at this State +election by the votes of both political parties in Kansas, was transmitted +to me with the request that I should present it to Congress. This I could +not have refused to do without violating my clearest and strongest +convictions of duty. The constitution and all the proceedings which +preceded and followed its formation were fair and regular on their face. I +then believed, and experience has proved, that the interests of the people +of Kansas would have been best consulted by its admission as a State into +the Union, especially as the majority within a brief period could have +amended the constitution according to their will and pleasure. If fraud +existed in all or any of these proceedings, it was not for the President +but for Congress to investigate and determine the question of fraud and +what ought to be its consequences. If at the first two elections the +majority refused to vote, it can not be pretended that this refusal to +exercise the elective franchise could invalidate an election fairly held +under lawful authority, even if they had not subsequently voted at the +third election. It is true that the whole constitution had not been +submitted to the people, as I always desired; but the precedents are +numerous of the admission of States into the Union without such submission. +It would not comport with my present purpose to review the proceedings of +Congress upon the Lecompton constitution. It is sufficient to observe that +their final action has removed the last vestige of serious revolutionary +troubles. The desperate hand recently assembled under a notorious outlaw in +the southern portion of the Territory to resist the execution of the laws +and to plunder peaceful citizens will, I doubt not be speedily subdued and +brought to justice. + +Had I treated the Lecompton constitution as a nullity and refused to +transmit it to Congress, it is not difficult to imagine, whilst recalling +the position of the country at that moment, what would have been the +disastrous consequences, both in and out of the Territory, from such a +dereliction of duty on the part of the Executive. + +Peace has also been restored within the Territory of Utah, which at the +commencement of my Administration was in a state of open rebellion. This +was the more dangerous, as the people, animated by a fanatical spirit and +intrenched within their distant mountain fastnesses, might have made a long +and formidable resistance. Cost what it might, it was necessary to bring +them into subjection to the Constitution and the laws. Sound policy, +therefore, as well as humanity, required that this object should if +possible be accomplished without the effusion of blood. This could only be +effected by sending a military force into the Territory sufficiently strong +to convince the people that resistance would be hopeless, and at the same +time to offer them a pardon for past offenses on condition of immediate +submission to the Government. This policy was pursued with eminent success, +and the only cause for regret is the heavy expenditure required to march a +large detachment of the Army to that remote region and to furnish it +subsistence. + +Utah is now comparatively peaceful and quiet, and the military force has +been withdrawn, except that portion of it necessary to keep the Indians in +check and to protect the emigrant trains on their way to our Pacific +possessions. + +In my first annual message I promised to employ my best exertions in +cooperation with Congress to reduce the expenditures of the Government +within the limits of a wise and judicious economy. An overflowing Treasury +had produced habits of prodigality and extravagance which could only be +gradually corrected. The work required both time and patience. I applied +myself diligently to this task from the beginning and was aided by the able +and energetic efforts of the heads of the different Executive Departments. +The result of our labors in this good cause did not appear in the sum total +of our expenditures for the first two years, mainly in consequence of the +extraordinary expenditure necessarily incurred in the Utah expedition and +the very large amount of the contingent expenses of Congress during this +period. These greatly exceeded the pay and mileage of the members. For the +year ending June 30, 1858, whilst the pay and mileage amounted to +$1,490,214, the contingent expenses rose to $2,093,309.79; and for the year +ending June 30, 1859, whilst the pay and mileage amounted to $859,093.66, +the contingent expenses amounted to $1,431,565.78. I am happy, however, to +be able to inform you that during the last fiscal year, ending June 30, +1860, the total expenditures of the Government in all its +branches--legislative, executive, and judicial--exclusive of the public +debt, were reduced to the sum of $55,402,465.46. This conclusively appears +from the books of the Treasury. In the year ending June 30, 1858, the total +expenditure, exclusive of the public debt, amounted to $71,901,129.77, and +that for the year ending June 30, 1859, to $66,346,226.13. Whilst the books +of the Treasury show an actual expenditure of $59,848,474.72 for the year +ending June 30, 1860, including $1,040,667.71 for the contingent expenses +of Congress, there must be deducted from this amount the sum of +$4,296,009.26, with the interest upon it of $150,000, appropriated by the +act of February 15, 1860, "for the purpose of supplying the deficiency in +the revenues and defraying the expenses of the Post-Office Department for +the year ending June 30, 1859." This sum therefore justly chargeable to the +year 1859, must be deducted from the sum of $59,848,474.72 in order to +ascertain the expenditure for the year ending June 30, 1860, which leaves a +balance for the expenditures of that year of $55,402,465.46. The interest +on the public debt, including Treasury notes, for the same fiscal year, +ending June 30, 1860, amounted to $3,177,314.62, which, added to the above +sum of $55,402,465.46, makes the aggregate of $58,579,780.08. + +It ought in justice to be observed that several of the estimates from the +Departments for the year ending June 30, 1860, were reduced by Congress +below what was and still is deemed compatible with the public interest. +Allowing a liberal margin of $2,500,000 for this reduction and for other +causes, it may be safely asserted that the sum of $61,000,000, or, at the +most, $62,000,000, is amply sufficient to administer the Government and to +pay the interest on the public debt, unless contingent events should +hereafter render extraordinary expenditures necessary. + +This result has been attained in a considerable degree by the care +exercised by the appropriate Departments in entering into public contracts. +I have myself never interfered with the award of any such contract, except +in a single case, with the Colonization Society, deeming it advisable to +cast the whole responsibility in each case on the proper head of the +Department, with the general instruction that these contracts should always +be given to the lowest and best bidder. It has ever been my opinion that +public contracts are not a legitimate source of patronage to be conferred +upon personal or political favorites, but that in all such cases a public +officer is bound to act for the Government as a prudent individual would +act for himself. + +It is with great satisfaction I communicate the fact that since the date of +my last annual message not a single slave has been imported into the United +States in violation of the laws prohibiting the African slave trade. This +statement is rounded upon a thorough examination and investigation of the +subject. Indeed, the spirit which prevailed some time since among a portion +of our fellow-citizens in favor of this trade seems to have entirely +subsided. + +I also congratulate you upon the public sentiment which now exists against +the crime of setting on foot military expeditions within the limits of the +United States to proceed from thence and make war upon the people of +unoffending States with whom we are at peace. In this respect a happy +change has been effected since the commencement of my Administration. It +surely ought to be the prayer of every Christian and patriot that such +expeditions may never again receive countenance in our country or depart +from our shores. + +It would be a useless repetition to do more than refer with earnest +commendation to my former recommendations in favor of the Pacific railroad; +of the grant of power to the President to employ the naval force in the +vicinity for the protection of the lives and property of our +fellow-citizens passing in transit over the different Central American +routes against sudden and lawless outbreaks and depredations, and also to +protect American merchant vessels, their crews and cargoes, against violent +and unlawful seizure and confiscation in the ports of Mexico and the South +American Republics when these may be in a disturbed and revolutionary +condition. It is my settled conviction that without such a power we do not +afford that protection to those engaged in the commerce of the country +which they have a right to demand. + +I again recommend to Congress the passage of a law, in pursuance of the +provisions of the Constitution, appointing a day certain previous to the +4th March in each year of an odd number for the election of Representatives +throughout all the States. A similar power has already been exercised, with +general approbation, in the appointment of the same day throughout the +Union for holding the election of electors for President and Vice-President +of the United States. My attention was earnestly directed to this subject +from the fact that the Thirty-fifth Congress terminated on the 3d March, +1859, without making the necessary appropriation for the service of the +Post-Office Department. I was then forced to consider the best remedy for +this omission, and an immediate call of the present Congress was the +natural resort. Upon inquiry, however, I ascertained that fifteen out of +the thirty-three States composing the Confederacy were without +Representatives, and that consequently these fifteen States would be +disfranchised by such a call. These fifteen States will be in the same +condition on the 4th March next. Ten of them can not elect Representatives, +according to existing State laws, until different periods, extending from +the beginning of August next until the months of October and November. In +my last message I gave warning that in a time of sudden and alarming danger +the salvation of our institutions might depend upon the power of the +President immediately to assemble a full Congress to meet the emergency. + +It is now quite evident that the financial necessities of the Government +will require a modification of the tariff during your present session for +the purpose of increasing the revenue. In this aspect, I desire to +reiterate the recommendation contained in my last two annual messages in +favor of imposing specific instead of ad valorem duties on all imported +articles to which these can be properly applied. From long observation and +experience I am convinced that specific duties are necessary, both to +protect the revenue and to secure to our manufacturing interests that +amount of incidental encouragement which unavoidably results from a revenue +tariff. + +As an abstract proposition it may be admitted that ad valorem duties would +in theory be the most just and equal. But if the experience of this and of +all other commercial nations has demonstrated that such duties can not be +assessed and collected without great frauds upon the revenue, then it is +the part of wisdom to resort to specific duties. Indeed, from the very +nature of an ad valorem duty this must be the result. Under it the +inevitable consequence is that foreign goods will be entered at less than +their true value. The Treasury will therefore lose the duty on the +difference between their real and fictitious value, and to this extent we +are defrauded. + +The temptations which ad valorem duties present to a dishonest importer are +irresistible. His object is to pass his goods through the custom-house at +the very lowest valuation necessary to save them from confiscation. In this +he too often succeeds in spite of the vigilance of the revenue officers. +Hence the resort to false invoices, one for the purchaser and another for +the custom-house, and to other expedients to defraud the Government. The +honest importer produces his invoice to the collector, stating the actual +price at which he purchased the articles abroad. Not so the dishonest +importer and the agent of the foreign manufacturer. And here it may be +observed that a very large proportion of the manufactures imported from +abroad are consigned for sale to commission merchants, who are mere agents +employed by the manufacturers. In such cases no actual sale has been made +to fix their value. The foreign manufacturer, if he be dishonest, prepares +an invoice of the goods, not at their actual value, but at the very lowest +rate necessary to escape detection. In this manner the dishonest importer +and the foreign manufacturer enjoy a decided advantage over the honest +merchant. They are thus enabled to undersell the fair trader and drive him +from the market. In fact the operation of this system has already driven +from the pursuits of honorable commerce many of that class of regular and +conscientious merchants whose character throughout the world is the pride +of our country. + +The remedy for these evils is to be found in specific duties, so far as +this may be practicable. They dispense with any inquiry at the custom-house +into the actual cost or value of the article, and it pays the precise +amount of duty previously fixed by law. They present no temptations to the +appraisers of foreign goods, who receive but small salaries, and might by +undervaluation in a few cases render themselves independent. + +Besides, specific duties best conform to the requisition in the +Constitution that "no preference shall be given by any regulation of +commerce or revenue to the ports of one State over those of another." Under +our ad valorem system such preferences are to some extent inevitable, and +complaints have often been made that the spirit of this provision has been +violated by a lower appraisement of the same articles at one port than at +another. + +An impression strangely enough prevails to some extent that specific duties +are necessarily protective duties. Nothing can be more fallacious. Great +Britain glories in free trade, and yet her whole revenue from imports is at +the present moment collected under a system of specific duties. It is a +striking fact in this connection that in the commercial treaty of January +23, 1860, between France and England one of the articles provides that the +ad valorem duties which it imposes shall be converted into specific duties +within six months from its date, and these are to be ascertained by making +an average of the prices for six months previous to that time. The reverse +of the propositions would be nearer to the truth, because a much larger +amount of revenue would be collected by merely converting the ad valorem +duties of a tariff into equivalent specific duties. To this extent the +revenue would be increased, and in the same proportion the specific duty +might be diminished. + +Specific duties would secure to the American manufacturer the incidental +protection to which he is fairly entitled under a revenue tariff, and to +this surely no person would object. The framers of the existing tariff have +gone further, and in a liberal spirit have discriminated in favor of large +and useful branches of our manufactures, not by raising the rate of duty +upon the importation of similar articles from abroad, but, what is the same +in effect, by admitting articles free of duty which enter into the +composition of their fabrics. + +Under the present system it has been often truly remarked that this +incidental protection decreases when the manufacturer needs it most and +increases when he needs it least, and constitutes a sliding scale which +always operates against him. The revenues of the country are subject to +similar fluctuations. Instead of approaching a steady standard, as would be +the case under a system of specific duties, they sink and rise with the +sinking and rising prices of articles in foreign countries. It would not be +difficult for Congress to arrange a system of specific duties which would +afford additional stability both to our revenue and our manufactures and +without injury or injustice to any interest of the country. This might be +accomplished by ascertaining the average value of any given article for a +series of years at the place of exportation and by simply converting the +rate of ad valorem duty upon it which might be deemed necessary for revenue +purposes into the form of a specific duty. Such an arrangement could not +injure the consumer. If he should pay a greater amount of duty one year, +this would be counterbalanced by a lesser amount the next, and in the end +the aggregate would be the same. + +I desire to call your immediate attention to the present condition of the +Treasury, so ably and clearly presented by the Secretary in his report to +Congress, and to recommend that measures be promptly adopted to enable it +to discharge its pressing obligations. The other recommendations of the +report are well worthy of your favorable consideration. + +I herewith transmit to Congress the reports of the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. The +recommendations and suggestions which they contain are highly valuable and +deserve your careful attention. + +The report of the Postmaster-General details the circumstances under which +Cornelius Vanderbilt, on my request, agreed in the month of July last to +carry the ocean mails between our Atlantic and Pacific coasts. Had he not +thus acted this important intercommunication must have been suspended, at +least for a season. The Postmaster-General had no power to make him any +other compensation than the postages on the mail matter which he might +carry. It was known at the time that these postages would fall far short of +an adequate compensation, as well as of the sum which the same service had +previously cost the Government. Mr. Vanderbilt, in a commendable spirit, +was willing to rely upon the justice of Congress to make up the deficiency, +and I therefore recommend that an appropriation may be granted for this +purpose. + +I should do great injustice to the Attorney-General were I to omit the +mention of his distinguished services in the measures adopted and +prosecuted by him for the defense of the Government against numerous and +unfounded claims to land in California purporting to have been made by the +Mexican Government previous to the treaty of cession. The successful +opposition to these claims has saved the United States public property +worth many millions of dollars and to individuals holding title under them +to at least an equal amount. + +It has been represented to me from sources which I deem reliable that the +inhabitants in several portions of Kansas have been reduced nearly to a +state of starvation on account of the almost total failure of their crops, +whilst the harvests in every other portion of the country have been +abundant. The prospect before them for the approaching winter is well +calculated to enlist the sympathies of every heart. The destitution appears +to be so general that it can not be relieved by private contributions, and +they are in such indigent circumstances as to be unable to purchase the +necessaries of life for themselves. I refer the subject to Congress. If any +constitutional measure for their relief can be devised, I would recommend +its adoption. + +I cordially commend to your favorable regard the interests of the people of +this District. They are eminently entitled to your consideration, +especially since, unlike the people of the States, they can appeal to no +government except that of the Union. + + + + + + + + + + +End of Project Gutenberg's State of the Union Addresses, by James Buchanan + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE OF THE UNION ADDRESSES *** + +***** This file should be named 5023.txt or 5023.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/5/0/2/5023/ + +Produced by James Linden. 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You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: State of the Union Addresses of James Buchanan + +Author: James Buchanan + +Release Date: February, 2004 [EBook #5023] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on April 11, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES BUCHANAN *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by James Buchanan in this eBook: + December 8, 1857 + December 6, 1858 + December 19, 1859 + December 3, 1860 + + + +*** + +State of the Union Address +James Buchanan +December 8, 1857 + +Fellow-Citizens of the Senate and House of Representatives: + +In obedience to the command of the Constitution, it has now become my duty +"to give to Congress information of the state of the Union and recommend to +their consideration such measures" as I judge to be "necessary and +expedient." + +But first and above all, our thanks are due to Almighty God for the +numerous benefits which He has bestowed upon this people, and our united +prayers ought to ascend to Him that He would continue to bless our great +Republic in time to come as He has blessed it in time past. Since the +adjournment of the last Congress our constituents have enjoyed an unusual +degree of health. The earth has yielded her fruits abundantly and has +bountifully rewarded the toil of the husbandman. Our great staples have +commanded high prices, and up till within a brief period our manufacturing, +mineral, and mechanical occupations have largely partaken of the general +prosperity. We have possessed all the elements of material wealth in rich +abundance, and yet, notwithstanding all these advantages, our country in +its monetary interests is at the present moment in a deplorable condition. +In the midst of unsurpassed plenty in all the productions of agriculture +and in all the elements of national wealth, we find our manufactures +suspended, our public works retarded, our private enterprises of different +kinds abandoned, and thousands of useful laborers thrown out of employment +and reduced to want. The revenue of the Government, which is chiefly +derived from duties on imports from abroad, has been greatly reduced, +whilst the appropriations made by Congress at its last session for the +current fiscal year are very large in amount. + +Under these circumstances a loan may be required before the close of your +present session; but this, although deeply to be regretted, would prove to +be only a slight misfortune when compared with the suffering and distress +prevailing among the people. With this the Government can not fail deeply +to sympathize, though it may be without the power to extend relief. + +It is our duty to inquire what has produced such unfortunate results and +whether their recurrence can be prevented. In all former revulsions the +blame might have been fairly attributed to a variety of cooperating causes, +but not so upon the present occasion. It is apparent that our existing +misfortunes have proceeded solely from our extravagant and vicious system +of paper currency and bank credits, exciting the people to wild +speculations and gambling in stocks. These revulsions must continue to +recur at successive intervals so long as the amount of the paper currency +and bank loans and discounts of the country shall be left to the discretion +of 1,400 irresponsible banking institutions, which from the very law of +their nature will consult the interest of their stockholders rather than +the public welfare. + +The framers of the Constitution, when they gave to Congress the power "to +coin money and to regulate the value thereof" and prohibited the States +from coining money, emitting bills of credit, or making anything but gold +and silver coin a tender in payment of debts, supposed they had protected +the people against the evils of an excessive and irredeemable paper +currency. They are not responsible for the existing anomaly that a +Government endowed with the sovereign attribute of coining money and +regulating the value thereof should have no power to prevent others from +driving this coin out of the country and filling up the channels of +circulation with paper which does not represent gold and silver. + +It is one of the highest and most responsible duties of Government to +insure to the people a sound circulating medium, the amount of which ought +to be adapted with the utmost possible wisdom and skill to the wants of +internal trade and foreign exchanges. If this be either greatly above or +greatly below the proper standard, the marketable value of every man's +property is increased or diminished in the same proportion, and injustice +to individuals as well as incalculable evils to the community are the +consequence. + +Unfortunately, under the construction of the Federal Constitution which has +now prevailed too long to be changed this important and delicate duty has +been dissevered from the coining power and virtually transferred to more +than 1,400 State banks acting independently of each other and regulating +their paper issues almost exclusively by a regard to the present interest +of their stockholders. Exercising the sovereign power of providing a paper +currency instead of coin for the country, the first duty which these banks +owe to the public is to keep + +in their vaults a sufficient amount of gold and silver to insure the +convertibility of their notes into coin at all times and under all +circumstances. No bank ought ever to be chartered without such restrictions +on its business as to secure this result. All other restrictions are +comparatively vain. This is the only true touchstone, the only efficient +regulator of a paper currency--the only one which can guard the public +against overissues and bank suspensions. As a collateral and eventual +security, it is doubtless wise, and in all cases ought to be required, that +banks shall hold an amount of United States or State securities equal to +their notes in circulation and pledged for their redemption. This, however, +furnishes no adequate security against overissue. On the contrary, it may +be perverted to inflate the currency. Indeed, it is possible by this means +to convert all the debts of the United States and State Governments into +bank notes, without reference to the specie required to redeem them. +However valuable these securities may be in themselves, they can not be +converted into gold and silver at the moment of pressure, as our experience +teaches, in sufficient time to prevent bank suspensions and the +depreciation of bank notes. In England, which is to a considerable extent a +paper-money country, though vastly behind our own in this respect, it was +deemed advisable, anterior to the act of Parliament of 1844, which wisely +separated the issue of notes from the banking department, for the Bank of +England always to keep on hand gold and silver equal to one-third of its +combined circulation and deposits. If this proportion was no more than +sufficient to secure the convertibility of its notes with the whole of +Great Britain and to some extent the continent of Europe as a field for its +circulation, rendering it almost impossible that a sudden and immediate run +to a dangerous amount should be made upon it, the same proportion would +certainly be insufficient under our banking system. Each of our 1,400 banks +has but a limited circumference for its circulation, and in the course of a +very few days the depositors and note holders might demand from such a bank +a sufficient amount in specie to compel it to suspend, even although it had +coin in its vaults equal to one-third of its immediate liabilities. And yet +I am not aware, with the exception of the banks of Louisiana, that any +State bank throughout the Union has been required by its charter to keep +this or any other proportion of gold and silver compared with the amount of +its combined circulation and deposits. What has been the consequence? In a +recent report made by the Treasury Department on the condition of the banks +throughout the different States, according to returns dated nearest to +January, 1857, the aggregate amount of actual specie in their vaults is +$58,349,838, of their circulation $214,778,822, and of their deposits +$230,351,352. Thus it appears that these banks in the aggregate have +considerably less than one dollar in seven of gold and silver compared with +their circulation and deposits. It was palpable, therefore, that the very +first pressure must drive them to suspension and deprive the people of a +convertible currency, with all its disastrous consequences. It is truly +wonderful that they should have so long continued to preserve their credit +when a demand for the payment of one-seventh of their immediate liabilities +would have driven them into insolvency. And this is the condition of the +banks, notwithstanding that four hundred millions of gold from California +have flowed in upon us within the last eight years, and the tide still +continues to flow. Indeed, such has been the extravagance of bank credits +that the banks now hold a considerably less amount of specie, either in +proportion to their capital or to their circulation and deposits combined, +than they did before the discovery of gold in California. Whilst in the +year 1848 their specie in proportion to their capital was more than equal +to one dollar for four and a half, in 1857 it does not amount to one dollar +for every six dollars and thirty-three cents of their capital. In the year +1848 the specie was equal within a very small fraction to one dollar in +five of their circulation and deposits; in 1857 it is not equal to one +dollar in seven and a half of their circulation and deposits. + +From this statement it is easy to account for our financial history for the +last forty years. It has been a history of extravagant expansions in the +business of the country, followed by ruinous contractions. At successive +intervals the best and most enterprising men have been tempted to their +ruin by excessive bank loans of mere paper credit, exciting them to +extravagant importations of foreign goods, wild speculations, and ruinous +and demoralizing stock gambling. When the crisis arrives, as arrive it +must, the banks can extend no relief to the people. In a vain struggle to +redeem their liabilities in specie they are compelled to contract their +loans and their issues, and at last, in the hour of distress, when their +assistance is most needed, they and their debtors together sink into +insolvency. + +It is this paper system of extravagant expansion, raising the nominal price +of every article far beyond its real value when compared with the cost of +similar articles in countries whose circulation is wisely regulated, which +has prevented us from competing in our own markets with foreign +manufacturers, has produced extravagant importations, and has counteracted +the effect of the large incidental protection afforded to our domestic +manufactures by the present revenue tariff. But for this the branches of +our manufactures composed of raw materials, the production of our own +country--such as cotton, iron, and woolen fabrics--would not only have +acquired almost exclusive possession of the home market, but would have +created for themselves a foreign market throughout the world. + +Deplorable, however, as may be our present financial condition, we may yet +indulge in bright hopes for the future. No other nation has ever existed +which could have endured such violent expansions and contractions of paper +credits without lasting injury; yet the buoyancy of youth, the energies of +our population, and the spirit which never quails before difficulties will +enable us soon to recover from our present financial embarrassments, and +may even occasion us speedily to forget the lesson which they have taught. +In the meantime it is the duty of the Government, by all proper means +within its power, to aid in alleviating the sufferings of the people +occasioned by the suspension of the banks and to provide against a +recurrence of the same calamity. Unfortunately, in either aspect of the +ease it can do but little. Thanks to the independent treasury, the +Government has not suspended payment, as it was compelled to do by the +failure of the banks in 1837. It will continue to discharge its liabilities +to the people in gold and silver. Its disbursements in coin will pass into +circulation and materially assist in restoring a sound currency. From its +high credit, should we be compelled to make a temporary loan, it can be +effected on advantageous terms. This, however, shall if possible be +avoided, but if not, then the amount shall be limited to the lowest +practicable sum. + +I have therefore determined that whilst no useful Government works already +in progress shall be suspended, new works not already commenced will be +postponed if this can be done without injury to the country. Those +necessary for its defense shall proceed as though there had been no crisis +in our monetary affairs. + +But the Federal Government can not do much to provide against a recurrence +of existing evils. Even if insurmountable constitutional objections did not +exist against the creation of a national bank, this would furnish no +adequate preventive security. The history of the last Bank of the United +States abundantly proves the truth of this assertion. Such a bank could +not, if it would, regulate the issues and credits of 1,400 State banks in +such a manner as to prevent the ruinous expansions and contractions in our +currency which afflicted the country throughout the existence of the late +bank, or secure us against future suspensions. In 1825 an effort was made +by the Bank of England to curtail the issues of the country banks under the +most favorable circumstances. The paper currency had been expanded to a +ruinous extent, and the bank put forth all its power to contract it in +order to reduce prices and restore the equilibrium of the foreign +exchanges. It accordingly commenced a system of curtailment of its loans +and issues, in the vain hope that the joint stock and private banks of the +Kingdom would be compelled to follow its example. It found, however, that +as it contracted they expanded, and at the end of the process, to employ +the language of a very high official authority, "whatever reduction of the +paper circulation was effected by the Bank of England (in 1825) was more +than made up by the issues of the country banks." + +But a bank of the United States would not, if it could, restrain the issues +and loans of the State banks, because its duty as a regulator of the +currency must often be in direct conflict with the immediate interest of +its stockholders. if we expect one agent to restrain or control another, +their interests must, at least in some degree, be antagonistic. But the +directors of a bank of the United States would feel the same interest and +the same inclination with the directors of the State banks to expand the +currency, to accommodate their favorites and friends with loans, and to +declare large dividends. Such has been our experience in regard to the last +bank. + +After all, we must mainly rely upon the patriotism and wisdom of the States +for the prevention and redress of the evil. If they will afford us a real +specie basis for our paper circulation by increasing the denomination of +bank notes, first to twenty and afterwards to fifty dollars; if they will +require that the banks shall at all times keep on hand at least one dollar +of gold and silver for every three dollars of their circulation and +deposits, and if they will provide by a self-executing enactment, which +nothing can arrest, that the moment they suspend they shall go into +liquidation, I believe that such provisions, with a weekly publication by +each bank of a statement of its condition, would go far to secure us +against future suspensions of specie payments. + +Congress, in my opinion, possess the power to pass a uniform bankrupt law +applicable to all banking institutions throughout the United States, and I +strongly recommend its exercise. This would make it the irreversible +organic law of each bank's existence that a suspension of specie payments +shall produce its civil death. The instinct of self-preservation would then +compel it to perform its duties in such a manner as to escape the penalty +and preserve its life. + +The existence of banks and the circulation of bank paper are so identified +with the habits of our people that they can not at this day be suddenly +abolished without much immediate injury to the country. If we could confine +them to their appropriate sphere and prevent them from administering to the +spirit of wild and reckless speculation by extravagant loans and issues, +they might be continued with advantage to the public. + +But this I say, after long and much reflection: If experience shall prove +it to be impossible to enjoy the facilities which well-regulated banks +might afford without at the same time suffering the calamities which the +excesses of the banks have hitherto inflicted upon the country, it would +then be far the lesser evil to deprive them altogether of the power to +issue a paper currency and confine them to the functions of banks of +deposit and discount. + +Our relations with foreign governments are upon the whole in a satisfactory +condition. + +The diplomatic difficulties which existed between the Government of the +United States and that of Great Britain at the adjournment of the last +Congress have been happily terminated by the appointment of a British +minister to this country, who has been cordially received. Whilst it is +greatly to the interest, as I am convinced it is the sincere desire, of the +Governments and people of the two countries to be on terms of intimate +friendship with each other, it has been our misfortune almost always to +have had some irritating, if not dangerous, outstanding question with Great +Britain. + +Since the origin of the Government we have been employed in negotiating +treaties with that power, and afterwards in discussing their true intent +and meaning. In this respect the convention of April 19, 1850, commonly +called the Clayton and Bulwer treaty, has been the most unfortunate of all, +because the two Governments place directly opposite and contradictory +constructions upon its first and most important article. Whilst in the +United States we believed that this treaty would place both powers upon an +exact equality by the stipulation that neither will ever "occupy, or +fortify, or colonize, or assume, or exercise any dominion" over any part of +Central America, it is contended by the British Government that the true +construction of this language has left them in the rightful possession of +all that portion of Central America which was in their occupancy at the +date of the treaty; in fact, that the treaty is a virtual recognition on +the part of the United States of the right of Great Britain, either as +owner or protector, to the whole extensive coast of Central America, +sweeping round from the Rio Hondo to the port and harbor of San Juan de +Nicaragua, together with the adjacent Bay Islands, except the comparatively +small portion of this between the Sarstoon and Cape Honduras. According to +their construction, the treaty does no more than simply prohibit them from +extending their possessions in Central America beyond the present limits. +It is not too much to assert that if in the United States the treaty had +been considered susceptible of such a construction it never would have been +negotiated under the authority of the President, nor would it have received +the approbation of the Senate. The universal conviction in the United +States was that when our Government consented to violate its traditional +and time-honored policy and to stipulate with a foreign government never to +occupy or acquire territory in the Central American portion of our own +continent, the consideration for this sacrifice was that Great Britain +should, in this respect at least, be placed in the same position with +ourselves. Whilst we have no right to doubt the sincerity of the British +Government in their construction of the treaty, it is at the same time my +deliberate conviction that this construction is in opposition both to its +letter and its spirit. + +Under the late Administration negotiations were instituted between the two +Governments for the purpose, if possible, of removing these difficulties, +and a treaty having this laudable object in view was signed at London on +the 17th October, 1856, and was submitted by the President to the Senate on +the following 10th of December. Whether this treaty, either in its original +or amended form, would have accomplished the object intended without giving +birth to new and embarrassing complications between the two Governments, +may perhaps be well questioned. Certain it is, however, it was rendered +much less objectionable by the different amendments made to it by the +Senate. The treaty as amended was ratified by me on the 12th March, 1857, +and was transmitted to London for ratification by the British Government. +That Government expressed its willingness to concur in all the amendments +made by the Senate with the single exception of the clause relating to +Ruatan and the other islands in the Bay of Honduras. The article in the +original treaty as submitted to the Senate, after reciting that these +islands and their inhabitants "having been, by a convention bearing date +the 27th day of August, 1856, between Her Britannic Majesty and the +Republic of Honduras, constituted and declared a free territory under the +sovereignty of the said Republic of Honduras," stipulated that "the two +contracting parties do hereby mutually engage to recognize and respect in +all future time the independence and rights of the said free territory as a +part of the Republic of Honduras." + +Upon an examination of this convention between Great Britain and Honduras +of the 27th August, 1856, it was found that whilst declaring the Bay +Islands to be "a free territory under the sovereignty of the Republic of +Honduras" it deprived that Republic of rights without which its sovereignty +over them could scarcely be said to exist. It divided them from the +remainder of Honduras and gave to their inhabitants a separate government +of their own, with legislative, executive, and judicial officers elected by +themselves. It deprived the Government of Honduras of the taxing power in +every form and exempted the people of the islands from the performance of +military duty except for their own exclusive defense. It also prohibited +that Republic from erecting fortifications upon them for their protection, +thus leaving them open to invasion from any quarter; and, finally, it +provided "that slavery shall not at any time hereafter be permitted to +exist therein." + +Had Honduras ratified this convention, she would have ratified the +establishment of a state substantially independent within her own limits, +and a state at all times subject to British influence and control. +Moreover, had the United States ratified the treaty with Great Britain in +its original form, we should have been bound "to recognize and respect in +all future time" these stipulations to the prejudice of Honduras. Being in +direct opposition to the spirit and meaning of the Clayton and Bulwer +treaty as understood in the United States, the Senate rejected the entire +clause, and substituted in its stead a simple recognition of the sovereign +right of Honduras to these islands in the following language: The two +contracting parties do hereby mutually engage to recognize and respect the +islands of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Moral, situate in +the Bay of Honduras and off the coast of the Republic of Honduras, as under +the sovereignty and as part of the said Republic of Honduras. + +Great Britain rejected this amendment, assigning as the only reason that +the ratifications of the convention of the 27th August, 1856, between her +and Honduras had not been "exchanged, owing to the hesitation of that +Government." Had this been done, it is stated that "Her Majesty's +Government would have had little difficulty in agreeing to the modification +proposed by the Senate, which then would have had in effect the same +signification as the original wording." Whether this would have been the +effect, whether the mere circumstance of the exchange of the ratifications +of the British convention with Honduras prior in point of time to the +ratification of our treaty with Great Britain would "in effect" have had +"the same signification as the original wording," and thus have nullified +the amendment of the Senate, may well be doubted. It is, perhaps, fortunate +that the question has never arisen. + +The British Government, immediately after rejecting the treaty as amended, +proposed to enter into a new treaty with the United States, similar in all +respects to the treaty which they had just refused to ratify, if the United +States would consent to add to the Senate's clear and unqualified +recognition of the sovereignty of Honduras over the Bay Islands the +following conditional stipulation: Whenever and so soon as the Republic of +Honduras shall have concluded and ratified a treaty with Great Britain by +which Great Britain shall have ceded and the Republic of Honduras shall +have accepted the said islands, subject to the provisions and conditions +contained in such treaty. + +This proposition was, of course, rejected. After the Senate had refused to +recognize the British convention with Honduras of the 27th August, 1856, +with full knowledge of its contents, it was impossible for me, necessarily +ignorant of "the provisions and conditions" which might be contained in a +future convention between the same parties, to sanction them in advance. + +The fact is that when two nations like Great Britain and the United States, +mutually desirous, as they are, and I trust ever may be, of maintaining the +most friendly relations with each other, have unfortunately concluded a +treaty which they understand in senses directly opposite, the wisest course +is to abrogate such a treaty by mutual consent and to commence anew. Had +this been done promptly, all difficulties in Central America would most +probably ere this have been adjusted to the satisfaction of both parties. +The time spent in discussing the meaning of the Clayton and Bulwer treaty +would have been devoted to this praiseworthy purpose, and the task would +have been the more easily accomplished because the interest of the two +countries in Central America is identical, being confined to securing safe +transits over all the routes across the Isthmus. + +Whilst entertaining these sentiments, I shall, nevertheless, not refuse to +contribute to any reasonable adjustment of the Central American questions +which is not practically inconsistent with the American interpretation of +the treaty. Overtures for this purpose have been recently made by the +British Government in a friendly spirit, which I cordially reciprocate, but +whether this renewed effort will result in success I am not yet prepared to +express an opinion. A brief period will determine. + +With France our ancient relations of friendship still continue to exist. +The French Government have in several recent instances, which need not be +enumerated, evinced a spirit of good will and kindness toward our country, +which I heartily reciprocate. It is, notwithstanding, much to be regretted +that two nations whose productions are of such a character as to invite the +most extensive exchanges and freest commercial intercourse should continue +to enforce ancient and obsolete restrictions of trade against each other. +Our commercial treaty with France is in this respect an exception from our +treaties with all other commercial nations. It jealously levies +discriminating duties both on tonnage and on articles the growth, produce, +or manufacture of the one country when arriving in vessels belonging to the +other. + +More than forty years ago, on the 3d March, 1815, Congress passed an act +offering to all nations to admit their vessels laden with their national +productions into the ports of the United States upon the same terms with +our own vessels provided they would reciprocate to us similar advantages. +This act confined the reciprocity to the productions of the respective +foreign nations who might enter into the proposed arrangement with the +United States. The act of May 24, 1828, removed this restriction and +offered a similar reciprocity to all such vessels without reference to the +origin of their cargoes. Upon these principles our commercial treaties and +arrangements have been rounded, except with France, and let us hope that +this exception may not long exist. + +Our relations with Russia remain, as they have ever been, on the most +friendly footing. The present Emperor, as well as his predecessors, have +never failed when the occasion offered to manifest their good will to our +country, and their friendship has always been highly appreciated by the +Government and people of the United States. + +With all other European Governments, except that of Spain, our relations +are as peaceful as we could desire. I regret to say that no progress +whatever has been made since the adjournment of Congress toward the +settlement of any of the numerous claims of our citizens against the +Spanish Government. Besides, the outrage committed on our flag by the +Spanish war frigate Ferrolana on the high seas off the coast of Cuba in +March, 1855, by firing into the American mail steamer El Dorado and +detaining and searching her, remains unacknowledged and unredressed. The +general tone and temper of the Spanish Government toward that of the United +States are much to be regretted. Our present envoy extraordinary and +minister plenipotentiary to Madrid has asked to be recalled, and it is my +purpose to send out a new minister to Spain with special instructions on +all questions pending between the two Governments, and with a determination +to have them speedily and amicably adjusted if this be possible. In the +meantime, whenever our minister urges the just claims of our citizens on +the notice of the Spanish Government he is met with the objection that +Congress has never made the appropriation recommended by President Polk in +his annual message of December, 1847, "to be paid to the Spanish Government +for the purpose of distribution among the claimants in the Amistad case." A +similar recommendation was made by my immediate predecessor in his message +of December, 1853, and entirely concurring with both in the opinion that +this indemnity is justly due under the treaty with Spain of the 27th of +October, 1795, I earnestly recommend such an appropriation to the favorable +consideration of Congress. + +A treaty of friendship and commerce was concluded at Constantinople on the +13th December, 1856, between the United States and Persia, the +ratifications of which were exchanged at Constantinople on the 13th June, +1857, and the treaty was proclaimed by the President on the 18th August, +1857. This treaty, it is believed, will prove beneficial to American +commerce. The Shah has manifested an earnest disposition to cultivate +friendly relations with our country, and has expressed a strong wish that +we should be represented at Teheran by a minister plenipotentiary; and I +recommend that an appropriation be made for this purpose. + +Recent occurrences in China have been unfavorable to a revision of the +treaty with that Empire of the 3d July, 1844, with a view to the security +and extension of our commerce. The twenty-fourth article of this treaty +stipulated for a revision of it in case experience should prove this to be +requisite, "in which case the two Governments will, at the expiration of +twelve years from the date of said convention, treat amicably concerning +the same by means of suitable persons appointed to conduct such +negotiations." These twelve years expired on the 3d July, 1856, but long +before that period it was ascertained that important changes in the treaty +were necessary, and several fruitless attempts were made by the +commissioner of the United States to effect these changes. Another effort +was about to be made for the same purpose by our commissioner in +conjunction with the ministers of England and France, but this was +suspended by the occurrence of hostilities in the Canton River between +Great Britain and the Chinese Empire. These hostilities have necessarily +interrupted the trade of all nations with Canton, which is now in a state +of blockade, and have occasioned a serious loss of life and property. +Meanwhile the insurrection within the Empire against the existing imperial +dynasty still continues, and it is difficult to anticipate what will be the +result. + +Under these circumstances I have deemed it advisable to appoint a +distinguished citizen of Pennsylvania envoy extraordinary and minister +plenipotentiary to proceed to China and to avail himself of any +opportunities which may offer to effect changes in the existing treaty +favorable to American commerce. He left the United States for the place of +his destination in July last in the war steamer Minnesota. Special +ministers to China have also been appointed by the Governments of Great +Britain and France. + +Whilst our minister has been instructed to occupy a neutral position in +reference to the existing hostilities at Canton, he will cordially +cooperate with the British and French ministers in all peaceful measures to +secure by treaty stipulations those just concessions to commerce which the +nations of the world have a right to expect and which China can not long be +permitted to withhold. From assurances received I entertain no doubt that +the three ministers will act in harmonious concert to obtain similar +commercial treaties for each of the powers they represent. + +We can not fail to feel a deep interest in all that concerns the welfare of +the independent Republics on our own continent, as well as of the Empire of +Brazil. + +Our difficulties with New Granada, which a short time since bore so +threatening an aspect, are, it is to be hoped, in a fair train of +settlement in a manner just and honorable to both parties. + +The isthmus of Central America, including that of Panama, is the great +highway between the Atlantic and Pacific over which a large portion of the +commerce of the world is destined to pass. The United States are more +deeply interested than any other nation in preserving the freedom and +security of all the communications across this isthmus. It is our duty, +therefore, to take care that they shall not be interrupted either by +invasions from our own country or by wars between the independent States of +Central America. Under our treaty with New Granada of the 12th December, +1846, we are bound to guarantee the neutrality of the Isthmus of Panama, +through which the Panama Railroad passes, "as well as the rights of +sovereignty and property which New Granada has and possesses over the said +territory." This obligation is rounded upon equivalents granted by the +treaty to the Government and people of the United States. + +Under these circumstances I recommend to Congress the passage of an act +authorizing the President, in case of necessity, to employ the land and +naval forces of the United States to carry into effect this guaranty of +neutrality and protection. I also recommend similar legislation for the +security of any other route across the Isthmus in which we may acquire an +interest by treaty. + +With the independent Republics on this continent it is both our duty and +our interest to cultivate the most friendly relations. We can never feel +indifferent to their fate, and must always rejoice in their prosperity. +Unfortunately both for them and for us, our example and advice have lost +much of their influence in consequence of the lawless expeditions which +have been fitted out against some of them within the limits of our country. +Nothing is better calculated to retard our steady material progress or +impair our character as a nation than the toleration of such enterprises in +violation of the law of nations. + +It is one of the first and highest duties of any independent state in its +relations with the members of the great family of nations to restrain its +people from acts of hostile aggression against their citizens or subjects. +The most eminent writers on public law do not hesitate to denounce such +hostile acts as robbery and murder. + +Weak and feeble states like those of Central America may not feel +themselves able to assert and vindicate their rights. The case would be far +different if expeditions were set on foot within our own territories to +make private war against a powerful nation. If such expeditions were fitted +out from abroad against any portion of our own country, to burn down our +cities, murder and plunder our people, and usurp our Government, we should +call any power on earth to the strictest account for not preventing such +enormities. + +Ever since the Administration of General Washington acts of Congress have +been enforced to punish severely the crime of setting on foot a military +expedition within the limits of the United States to proceed from thence +against a nation or state with whom we are at peace. The present neutrality +act of April 20, 1818, is but little more than a collection of preexisting +laws. Under this act the President is empowered to employ the land and +naval forces and the militia "for the purpose of preventing the carrying on +of any such expedition or enterprise from the territories and jurisdiction +of the United States," and the collectors of customs are authorized and +required to detain any vessel in port when there is reason to believe she +is about to take part in such lawless enterprises. + +When it was first rendered probable that an attempt would be made to get up +another unlawful expedition against Nicaragua, the Secretary of State +issued instructions to the marshals and district attorneys, which were +directed by the Secretaries of War and the Navy to the appropriate army and +navy officers, requiring them to be vigilant and to use their best +exertions in carrying into effect the provisions of the act of 1818. +Notwithstanding these precautions, the expedition has escaped from our +shores. Such enterprises can do no possible good to the country, but have +already inflicted much injury both on its interests and its character. They +have prevented peaceful emigration from the United States to the States of +Central America, which could not fail to prove highly beneficial to all the +parties concerned. In a pecuniary point of view alone our citizens have +sustained heavy losses from the seizure and closing of the transit route by +the San Juan between the two oceans. + +The leader of the recent expedition was arrested at New Orleans, but was +discharged on giving bail for his appearance in the insufficient sum of +$2,000. + +I commend the whole subject to the serious attention of Congress, believing +that our duty and our interest, as well as our national character, require +that we should adopt such measures as will be effectual in restraining our +citizens from committing such outrages. + +I regret to inform you that the President of Paraguay has refused to ratify +the treaty between the United States and that State as amended by the +Senate, the signature of which was mentioned in the message of my +predecessor to Congress at the opening of its session in December, 1853. +The reasons assigned for this refusal will appear in the correspondence +herewith submitted. + +It being desirable to ascertain the fitness of the river La Plata and its +tributaries for navigation by steam, the United States steamer Water Witch +was sent thither for that purpose in 1853. This enterprise was successfully +carried on until February, 1855, when, whilst in the peaceful prosecution +of her voyage up the Parana River, the steamer was fired upon by a +Paraguayan fort. The fire was returned, but as the Water Witch was of small +force and not designed for offensive operations, she retired from the +conflict. The pretext upon which the attack was made was a decree of the +President of Paraguay of October, 1854, prohibiting foreign vessels of war +from navigating the rivers of that State. As Paraguay, however, was the +owner of but one bank of the river of that name, the other belonging to +Corientes, a State of the Argentine Confederation, the right of its +Government to expect that such a decree would be obeyed can not be +acknowledged. But the Water Witch was not, properly speaking, a vessel of +war. She was a small steamer engaged in a scientific enterprise intended +for the advantage of commercial states generally. Under these circumstances +I am constrained to consider the attack upon her as unjustifiable and as +calling for satisfaction from the Paraguayan Government. + +Citizens of the United States also who were established in business in +Paraguay have had their property seized and taken from them, and have +otherwise been treated by the authorities in an insulting and arbitrary +manner, which requires redress. + +A demand for these purposes will be made in a firm but conciliatory spirit. +This will the more probably be granted if the Executive shall have +authority to use other means in the event of a refusal. This is accordingly +recommended. + +It is unnecessary to state in detail the alarming condition of the +Territory of Kansas at the time of my inauguration. The opposing parties +then stood in hostile array against each other, and any accident might have +relighted the flames of civil war. Besides, at this critical moment Kansas +was left without a governor by the resignation of Governor Geary. + +On the 19th of February previous the Territorial legislature had passed a +law providing for the election of delegates on the third Monday of June to +a convention to meet on the first Monday of September for the purpose of +framing a constitution preparatory to admission into the Union. This law +was in the main fair and just, and it is to be regretted that all the +qualified electors had not registered themselves and voted under its +provisions. + +At the time of the election for delegates an extensive organization existed +in the Territory whose avowed object it was, if need be, to put down the +lawful government by force and to establish a government of their own under +the so-called Topeka constitution. The persons attached to this +revolutionary organization abstained from taking any part in the election. + +The act of the Territorial legislature had omitted to provide for +submitting to the people the constitution which might be framed by the +convention, and in the excited state of public feeling throughout Kansas an +apprehension extensively prevailed that a design existed to force upon them +a constitution in relation to slavery against their will. In this emergency +it became my duty, as it was my unquestionable right, having in view the +union of all good citizens in support of the Territorial laws, to express +an opinion on the true construction of the provisions concerning slavery +contained in the organic act of Congress of the 30th May, 1854. Congress +declared it 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." Under it Kansas, "when admitted as a +State," was to "be received into the Union with or without slavery, as +their constitution may prescribe at the time of their admission." + +Did Congress mean by this language that the delegates elected to frame a +constitution should have authority finally to decide the question of +slavery, or did they intend by leaving it to the people that the people of +Kansas themselves should decide this question by a direct vote? On this +subject I confess I had never entertained a serious doubt, and therefore in +my instructions to Governor Walker of the 28th March last I merely said +that when "a constitution shall be submitted to the people of the Territory +they must be protected in the exercise of their right of voting for or +against that instrument, and the fair expression of the popular will must +not be interrupted by fraud or violence." + +In expressing this opinion it was far from my intention to interfere with +the decision of the people of Kansas, either for or against slavery. From +this I have always carefully abstained. Intrusted with the duty of taking +"care that the laws be faithfully executed," my only desire was that the +people of Kansas should furnish to Congress the evidence required by the +organic act, whether for or against slavery, and in this manner smooth +their passage into the Union. In emerging from the condition of Territorial +dependence into that of a sovereign State it was their duty, in my opinion, +to make known their will by the votes of the majority on the direct +question whether this important domestic institution should or should not +continue to exist. Indeed, this was the only possible mode in which their +will could be authentically ascertained. + +The election of delegates to a convention must necessarily take place in +separate districts. From this cause it may readily happen, as has often +been the case, that a majority of the people of a State or Territory are on +one side of a question, whilst a majority of the representatives from the +several districts into which it is divided may be upon the other side. This +arises front the fact that in some districts delegates may be elected by +small majorities, whilst in others those of different sentiments may +receive majorities sufficiently great not only to overcome the votes given +for the former, but to leave a large majority of the whole people in direct +opposition to a majority of the delegates. Besides, our history proves that +influences may be brought to bear on the representative sufficiently +powerful to induce him to disregard the will of his constituents. The truth +is that no other authentic and satisfactory mode exists of ascertaining the +will of a majority of the people of any State or Territory on an important +and exciting question like that of slavery in Kansas except by leaving it +to a direct vote. How wise, then, was it for Congress to pass over all +subordinate and intermediate agencies and proceed directly to the source of +all legitimate power under our institutions! + +How vain would any other principle prove in practice! This may be +illustrated by the case of Kansas. Should she be admitted into the Union +with a constitution either maintaining or abolishing slavery against the +sentiment of the people, this could have no other effect than to continue +and to exasperate the existing agitation during the brief period required +to make the constitution conform to the irresistible will of the majority. + +The friends and supporters of the Nebraska and Kansas act, when struggling +on a recent occasion to sustain its wise provisions before the great +tribunal of the American people, never differed about its true meaning on +this subject. Everywhere throughout the Union they publicly pledged their +faith and their honor that they would cheerfully submit the question of +slavery to the decision of the bona fide people of Kansas, without any +restriction or qualification whatever. All were cordially united upon the +great doctrine of popular sovereignty, which is the vital principle of our +free institutions. Had it then been insinuated from any quarter that it +would be a sufficient compliance with the requisitions of the organic law +for the members of a convention thereafter to be elected to withhold the +question of slavery from the people and to substitute their own will for +that of a legally ascertained majority of all their constituents, this +would have been instantly rejected. Everywhere they remained true to the +resolution adopted on a celebrated occasion recognizing "the right of the +people of all the Territories, including Kansas and Nebraska, acting +through the legally and fairly expressed will of a majority of actual +residents, and whenever the number of their inhabitants justifies it, to +form a constitution with or without slavery and be admitted into the Union +upon terms of perfect equality with the other States." + +The convention to frame a constitution for Kansas met on the first Monday +of September last. They were called together by virtue of an act of the +Territorial legislature, whose lawful existence had been recognized by +Congress in different forms and by different enactments. A large proportion +of the citizens of Kansas did not think proper to register their names and +to vote at the election for delegates; but an opportunity to do this having +been fairly afforded, their refusal to avail themselves of their right +could in no manner affect the legality of the convention. This convention +proceeded to frame a constitution for Kansas, and finally adjourned on the +7th day of November. But little difficulty occurred in the convention +except on the subject of slavery. The truth is that the general provisions +of our recent State constitutions are so similar and, I may add, so +excellent that the difference between them is not essential. Under the +earlier practice of the Government no constitution framed by the convention +of a Territory preparatory to its admission into the Union as a State had +been submitted to the people. I trust, however, the example set by the last +Congress, requiring that the constitution of Minnesota "should be subject +to the approval and ratification of the people of the proposed State," may +be followed on future occasions. I took it for granted that the convention +of Kansas would act in accordance with this example, rounded, as it is, on +correct principles, and hence my instructions to Governor Walker in favor +of submitting the constitution to the people were expressed in general and +unqualified terms. + +In the Kansas-Nebraska act, however, this requirement, as applicable to the +whole constitution, had not been inserted, and the convention were not +bound by its terms to submit any other portion of the instrument to an +election except that which relates to the "domestic institution" of +slavery. This will be rendered clear by a simple reference to its language. +It was "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." According +to the plain construction of the sentence, the words "domestic +institutions" have a direct, as they have an appropriate, reference to +slavery. "Domestic institutions" are limited to the family. The relation +between master and slave and a few others are "domestic institutions," and +are entirely distinct from institutions of a political character. Besides, +there was no question then before Congress, nor, indeed, has there since +been any serious question before the people of Kansas or the country, +except that which relates to the "domestic institution" of slavery. The +convention, after an angry and excited debate, finally determined, by a +majority of only two, to submit the question of slavery to the people, +though at the last forty-three of the fifty delegates present affixed their +signatures to the constitution. + +A large majority of the convention were in favor of establishing slavery in +Kansas. They accordingly inserted an article in the constitution for this +purpose similar in form to those which had been adopted by other +Territorial conventions. In the schedule, however, providing for the +transition from a Territorial to a State government the question has been +fairly and explicitly referred to the people whether they will have a +constitution "with or without slavery." It declares that before the +constitution adopted by the convention "shall be sent to Congress for +admission into the Union as a State" an election shall be held to decide +this question, at which all the white male inhabitants of the Territory +above the age of 21 are entitled to vote. They are to vote by ballot, and +"the ballots cast at said election shall be indorsed 'constitution with +slavery' and 'constitution with no slavery.'" If there be a majority in +favor of the "constitution with slavery," then it is to be transmitted to +Congress by the president of the convention in its original form; if, on +the contrary, there shall be a majority in favor of the "constitution with +no slavery," "then the article providing for slavery shall be stricken from +the constitution by the president of this convention;" and it is expressly +declared that "no slavery shall exist in the State of Kansas, except that +the right of property in slaves now in the Territory shall in no manner be +interfered with;" and in that event it is made his duty to have the +constitution thus ratified transmitted to the Congress of the United States +for the admission of the State into the Union. + +At this election every citizen will have an opportunity of expressing his +opinion by his vote "whether Kansas shall be received into the Union with +or without slavery," and thus this exciting question may be peacefully +settled in the very mode required by the organic law. The election will be +held under legitimate authority, and if any portion of the inhabitants +shall refuse to vote, a fair opportunity to do so having been presented, +this will be their own voluntary act and they alone will be responsible for +the consequences. + +Whether Kansas shall be a free or a slave State must eventually, under some +authority, be decided by an election; and the question can never be more +clearly or distinctly presented to the people than it is at the present +moment. Should this opportunity be rejected she may be involved for years +in domestic discord, and possibly in civil war, before she can again make +up the issue now so fortunately tendered and again reach the point she has +already attained. + +Kansas has for some years occupied too much of the public attention. It is +high time this should be directed to far more important objects. When once +admitted into the Union, whether with or without slavery, the excitement +beyond her own limits will speedily pass away, and she will then for the +first time be left, as she ought to have been long since, to manage her own +affairs in her own way. If her constitution on the subject of slavery or on +any other subject be displeasing to a majority of the people, no human +power can prevent them from changing it within a brief period. Under these +circumstances it may well be questioned whether the peace and quiet of the +whole country are not of greater importance than the mere temporary triumph +of either of the political parties in Kansas. + +Should the constitution without slavery be adopted by the votes of the +majority, the rights of property in slaves now in the Territory are +reserved. The number of these is very small, but if it were greater the +provision would be equally just and reasonable. The slaves were brought +into the Territory under the Constitution of the United States and are now +the property of their masters. This point has at length been finally +decided by the highest judicial tribunal of the country, and this upon the +plain principle that when a confederacy of sovereign States acquire a new +territory at their joint expense both equality and justice demand that the +citizens of one and all of them shall have the right to take into it +whatsoever is recognized as property by the common Constitution. To have +summarily confiscated the property in slaves already in the Territory would +have been an act of gross injustice and contrary to the practice of the +older States of the Union which have abolished slavery. + +A Territorial government was established for Utah by act of Congress +approved the 9th September, 1850, and the Constitution and laws of the +United States were thereby extended over it "so far as the same or any +provisions thereof may be applicable." This act provided for the +appointment by the President, by and with the advice and consent of the +Senate, of a governor (who was to be ex officio superintendent of Indian +affairs), a secretary, three judges of the supreme court, a marshal, and a +district attorney. Subsequent acts provided for the appointment of the +officers necessary to extend our land and our Indian system over the +Territory. Brigham Young was appointed the first governor on the 20th +September, 1850, and has held the office ever since. Whilst Governor Young +has been both governor and superintendent of Indian affairs throughout this +period, he has been at the same time the head of the church called the +Latter-day Saints, and professes to govern its members and dispose of their +property by direct inspiration and authority from the Almighty. His power +has been, therefore, absolute over both church and state. + +The people of Utah almost exclusively belong to this church, and believing +with a fanatical spirit that he is governor of the Territory by divine +appointment, they obey his commands as if these were direct revelations +from Heaven. If, therefore, he chooses that his government shall come into +collision with the Government of the United States, the members of the +Mormon Church will yield implicit obedience to his will. Unfortunately, +existing facts leave but little doubt that such is his determination. +Without entering upon a minute history of occurrences, it is sufficient to +say that all the officers of the United States, judicial and executive, +with the single exception of two Indian agents, have found it necessary for +their own personal safety to withdraw from the Territory, and there no +longer remains any government in Utah but the despotism of Brigham Young. +This being the condition of affairs in the Territory, I could not mistake +the path of duty. As Chief Executive Magistrate I was bound to restore the +supremacy of the Constitution and laws within its limits. In order to +effect this purpose, I appointed a new governor and other Federal officers +for Utah and sent with them a military force for their protection and to +aid as a posse comitatus in case of need in the execution of the laws. + +With the religious opinions of the Mormons, as long as they remained mere +opinions, however deplorable in themselves and revolting to the moral and +religious sentiments of all Christendom, I had no right to interfere. +Actions alone, when in violation of the Constitution and laws of the United +States, become the legitimate subjects for the jurisdiction of the civil +magistrate. My instructions to Governor Cumming have therefore been framed +in strict accordance with these principles. At their date a hope was +indulged that no necessity might exist for employing the military in +restoring and maintaining the authority of the law, but this hope has now +vanished. Governor Young has by proclamation declared his determination to +maintain his power by force, and has already committed acts of hostility +against the United States. Unless he should retrace his steps the Territory +of Utah will be in a state of open rebellion. He has committed these acts +of hostility notwithstanding Major Van Vliet, an officer of the Army, sent +to Utah by the Commanding General to purchase provisions for the troops, +had given him the strongest assurances of the peaceful intentions of the +Government, and that the troops would only be employed as a posse comitatus +when called on by the civil authority to aid in the execution of the laws. + +There is reason to believe that Governor Young has long contemplated this +result. He knows that the continuance of his despotic power depends upon +the exclusion of all settlers from the Territory except those who will +acknowledge his divine mission and implicitly obey his will, and that an +enlightened public opinion there would soon prostrate institutions at war +with the laws both of God and man. "He has therefore for several years, in +order to maintain his independence, been industriously employed in +collecting and fabricating arms and munitions of war and in disciplining +the Mormons for military service." As superintendent of Indian affairs he +has had an opportunity of tampering with the Indian tribes and exciting +their hostile feelings against the United States. This, according to our +information, he has accomplished in regard to some of these tribes, while +others have remained true to their allegiance and have communicated his +intrigues to our Indian agents. He has laid in a store of provisions for +three years, which in case of necessity, as he informed Major Van Vliet, he +will conceal, "and then take to the mountains and bid defiance to all the +powers of the Government." + +A great part of all this may be idle boasting, but yet no wise government +will lightly estimate the efforts which may be inspired by such frenzied +fanaticism as exists among the Mormons in Utah. This is the first rebellion +which has existed in our Territories, and humanity itself requires that we +should put it down in such a manner that it shall be the last. To trifle +with it would be to encourage it and to render it formidable. We ought to +go there with such an imposing force as to convince these deluded people +that resistance would be vain, and thus spare the effusion of blood. We can +in this manner best convince them that we are their friends, not their +enemies. In order to accomplish this object it will be necessary, according +to the estimate of the War Department, to raise four additional regiments; +and this I earnestly recommend to Congress. At the present moment of +depression in the revenues of the country I am sorry to be obliged to +recommend such a measure; but I feel confident of the support of Congress, +cost what it may, in suppressing the insurrection and in restoring and +maintaining the sovereignty of the Constitution and laws over the Territory +of Utah. + +I recommend to Congress the establishment of a Territorial government over +Arizona, incorporating with it such portions of New Mexico as they may deem +expedient. I need scarcely adduce arguments in support of this +recommendation. We are bound to protect the lives and the property of our +citizens inhabiting Arizona, and these are now without any efficient +protection. Their present number is already considerable, and is rapidly +increasing, notwithstanding the disadvantages under which they labor. +Besides, the proposed Territory is believed to be rich in mineral and +agricultural resources, especially in silver and copper. The mails of the +United States to California are now carried over it throughout its whole +extent, and this route is known to be the nearest and believed to be the +best to the Pacific. + +Long experience has deeply convinced me that a strict construction of the +powers granted to Congress is the only true, as well as the only safe, +theory of the Constitution. Whilst this principle shall guide my public +conduct, I consider it clear that under the war-making power Congress may +appropriate money for the Construction of a military road through the +Territories of the United States when this is absolutely necessary for the +defense of any of the States against foreign invasion. The Constitution has +conferred upon Congress power "to declare war," "to raise and support +armies," "to provide and maintain a navy," and to call forth the militia to +"repel invasions." These high sovereign powers necessarily involve +important and responsible public duties, and among them there is none so +sacred and so imperative as that of preserving our soil from the invasion +of a foreign enemy. The Constitution has therefore left nothing on this +point to construction, but expressly requires that "the United States shall +protect each of them [the States] against invasion." Now if a military road +over our own Territories be indispensably necessary to enable us to meet +and repel the invader, it follows as a necessary consequence not only that +we possess the power, but it is our imperative duty to construct such a +road. It would be an absurdity to invest a government with the unlimited +power to make and conduct war and at the same time deny to it the only +means of reaching and defeating the enemy at the frontier. Without such a +road it is quite evident we can not "protect" California and our Pacific +possessions "against invasion." We can not by any other means transport men +and munitions of war from the Atlantic States in sufficient time +successfully to defend these remote and distant portions of the Republic. + +Experience has proved that the routes across the isthmus of Central America +are at best but a very uncertain and unreliable mode of communication. But +even if this were not the case, they would at once be closed against us in +the event of war with a naval power so much stronger than our own as to +enable it to blockade the ports at either end of these routes. After all, +therefore, we can only rely upon a military road through our own +Territories; and ever since the origin of the Government Congress has been +in the practice of appropriating money from the public Treasury for the +construction of such roads. + +The difficulties and the expense of constructing a military railroad to +connect our Atlantic and Pacific States have been greatly exaggerated. The +distance on the Arizona route, near the thirty-second parallel of north +latitude, between the western boundary of Texas, on the Rio Grande, and the +eastern boundary of California, on the Colorado, from the best explorations +now within our knowledge, does not exceed 470 miles, and the face of the +country is in the main favorable. For obvious reasons the Government ought +not to undertake the work itself by means of its own agents. This ought to +be committed to other agencies, which Congress might assist, either by +grants of land or money, or by both, upon such terms and conditions as they +may deem most beneficial for the country. Provision might thus be made not +only for the safe, rapid, and economical transportation of troops and +munitions of war, but also of the public mails. The commercial interests of +the whole country, both East and West, would be greatly promoted by such a +road, and, above all, it would be a powerful additional bond of union. And +although advantages of this kind, whether postal, commercial, or political, +can not confer constitutional power, yet they may furnish auxiliary +arguments in favor of expediting a work which, in my judgment, is clearly +embraced within the war-making power. + +For these reasons I commend to the friendly consideration of Congress the +subject of the Pacific Railroad, without finally committing myself to any +particular route. + +The report of the Secretary of the Treasury will furnish a detailed +statement of the condition of the public finances and of the respective +branches of the public service devolved upon that Department of the +Government. By this report it appears that the amount of revenue received +from all sources into the Treasury during the fiscal year ending the 30th +June, 1857, was $68,631,513.67, which amount, with the balance of +$19,901,325.45 remaining in the Treasury at the commencement of the year, +made an aggregate for the service of the year of $88,532,839.12. + +The public expenditures for the fiscal year ending 30th June, 1857, +amounted to $70,822,724.85, of which $5,943,896.91 were applied to the +redemption of the public debt, including interest and premium, leaving in +the Treasury at the commencement of the present fiscal year, on the 1st +July, 1857, $17,710,114.27. + +The receipts into the Treasury for the first quarter of the present fiscal +year, commencing 1st July, 1857, were $20,929,819.81, and the estimated +receipts of the remaining three quarters to the 30th June, 1858, are +$36,750,000, making, with the balance before stated, an aggregate of +$75,389,934.08 for the service of the present fiscal year. + +The actual expenditures during the first quarter of the present fiscal year +were $23,714,528.37, of which $3,895,232.39 were applied to the redemption +of the public debt, including interest and premium. The probable +expenditures of the remaining three quarters to 30th June, 1858, are +$51,248,530.04, including interest on the public debt, making an aggregate +of $74,963,058.41, leaving an estimated balance in the Treasury at the +close of the present fiscal year of $426,875.67. + +The amount of the public debt at the commencement of the present fiscal +year was $29,060,386.90. + +The amount redeemed since the 1st of July was $3,895,232.39, leaving a +balance unredeemed at this time of $25,165,154.51. + +The amount of estimated expenditures for the remaining three quarters of +the present fiscal year will in all probability be increased from the +causes set forth in the report of the Secretary. His suggestion, therefore, +that authority should be given to supply any temporary deficiency by the +issue of a limited amount of Treasury notes is approved, and I accordingly +recommend the passage of such a law. + +As stated in the report of the Secretary, the tariff of March 3, 1857, has +been in operation for so short a period of time and under circumstances so +unfavorable to a just development of its results as a revenue measure that +I should regard it as inexpedient, at least for the present, to undertake +its revision. + +I transmit herewith the reports made to me by the Secretaries of War and of +the Navy, of the Interior, and of the Postmaster-General. They all contain +valuable and important information and suggestions, which I commend to the +favorable consideration of Congress. + +I have already recommended the raising of four additional regiments, and +the report of the Secretary of War presents strong reasons proving this +increase of the Army under existing circumstances to be indispensable. + +I would call the special attention of Congress to the recommendation of the +Secretary of the Navy in favor of the construction of ten small war +steamers of light draft. For some years the Government has been obliged on +many occasions to hire such steamers from individuals to supply its +pressing wants. At the present moment we have no armed vessel in the Navy +which can penetrate the rivers of China. We have but few which can enter +any of the harbors south of Norfolk, although many millions of foreign and +domestic commerce annually pass in and out of these harbors. Some of our +most valuable interests and most vulnerable points are thus left exposed. +This class of vessels of light draft, great speed, and heavy guns would be +formidable in coast defense. The cost of their construction will not be +great and they will require but a comparatively small expenditure to keep +them in commission. In time of peace they will prove as effective as much +larger vessels and more useful. One of them should be at every station +where we maintain a squadron, and three or four should be constantly +employed on our Atlantic and Pacific coasts. Economy, utility, and +efficiency combine to recommend them as almost indispensable. Ten of these +small vessels would be of incalculable advantage to the naval service, and +the whole cost of their construction would not exceed $2,300,000, or +$230,000 each. + +The report of the Secretary of the Interior is worthy of grave +consideration. It treats of the numerous important and diversified branches +of domestic administration intrusted to him by law. Among these the most +prominent are the public lands and our relations with the Indians. Our +system for the disposal of the public lands, originating with the fathers +of the Republic, has been improved as experience pointed the way, and +gradually adapted to the growth and settlement of our Western States and +Territories. It has worked well in practice. Already thirteen States and +seven Territories have been carved out of these lands, and still more than +a thousand millions of acres remain unsold. What a boundless prospect this +presents to our country of future prosperity and power! + +We have heretofore disposed of 363,862,464 acres of the public land. Whilst +the public lands, as a source of revenue, are of great importance, their +importance is far greater as furnishing homes for a hardy and independent +race of honest and industrious citizens who desire to subdue and cultivate +the soil. They ought to be administered mainly with a view of promoting +this wise and benevolent policy. In appropriating them for any other +purpose we ought to use even greater economy than if they had been +converted into money and the proceeds were already in the public Treasury. +To squander away this richest and noblest inheritance which any people have +ever enjoyed upon objects of doubtful constitutionality or expediency would +be to violate one of the most important trusts ever committed to any +people. Whilst I do not deny to Congress the power, when acting bona fide +as a proprietor, to give away portions of them for the purpose of +increasing the value of the remainder, yet, considering the great +temptation to abuse this power, we can not be too cautious in its exercise. +Actual settlers under existing laws are protected against other purchasers +at the public sales in their right of preemption to the extent of a quarter +section, or 160 acres, of land. The remainder may then be disposed of at +public or entered at private sale in unlimited quantities. Speculation has +of late years prevailed to a great extent in the public lands. The +consequence has been that large portions of them have become the property +of individuals and companies, and thus the price is greatly enhanced to +those who desire to purchase for actual settlement. In order to limit the +area of speculation as much as possible, the extinction of the Indian title +and the extension of the public surveys ought only to keep pace with the +tide of emigration. + +If Congress should hereafter grant alternate sections to States or +companies, as they have done heretofore, I recommend that the intermediate +sections retained by the Government should be subject to preemption by +actual settlers. + +It ought ever to be our cardinal policy to reserve the public lands as much +as may be for actual settlers, and this at moderate prices. We shall thus +not only best promote the prosperity of the new States and Territories and +the power of the Union, but shall secure homes for our posterity for many +generations. + +The extension of our limits has brought within our jurisdiction many +additional and populous tribes of Indians, a large proportion of which are +wild, untractable, and difficult to control. Predatory and warlike in their +disposition and habits, it is impossible altogether to restrain them from +committing aggressions on each other, as well as upon our frontier citizens +and those emigrating to our distant States and Territories. Hence expensive +military expeditions are frequently necessary to overawe and chastise the +more lawless and hostile. The present system of making them valuable +presents to influence them to remain at peace has proved ineffectual. It is +believed to be the better policy to colonize them in suitable localities +where they can receive the rudiments of education and be gradually induced +to adopt habits of industry. So far as the experiment has been tried it has +worked well in practice, and it will doubtless prove to be less expensive +than the present system. + +The whole number of Indians within our territorial limits is believed to +be, from the best data in the Interior Department, about 325,000. The +tribes of Cherokees, Choctaws, Chickasaws, and Creeks settled in the +Territory set apart for them west of Arkansas are rapidly advancing in +education and in all the arts of civilization and self-government and we +may indulge the agreeable anticipation that at no very distant day they +will be incorporated into the Union as one of the sovereign States. + +It will be seen from the report of the Postmaster-General that the +Post-Office Department still continues to depend on the Treasury, as it has +been compelled to do for several years past, for an important portion of +the means of sustaining and extending its operations. Their rapid growth +and expansion are shown by a decennial statement of the number of +post-offices and the length of post-roads, commencing with the year 1827. +In that year there were 7,000 post-offices; in 1837, 11,177; in 1847, +15,146, and in 1857 they number 26,586. In this year 1,725 post-offices +have been established and 704 discontinued, leaving a net increase of +1,021. The postmasters of 368 offices are appointed by the President. + +The length of post-roads in 1827 was 105,336 miles; in 1837,141,242 miles; +in 1847, 153,818 miles, and in the year 1857 there are 242,601 miles of +post-road, including 22,530 miles of railroad on which the mails are +transported. + +The expenditures of the Department for the fiscal year ending on the 30th +June, 1857, as adjusted by the Auditor, amounted to $11,507,670. To defray +these expenditures there was to the credit of the Department on the 1st +July, 1856, the sum of $789,599; the gross revenue of the year, including +the annual allowances for the transportation of free mail matter, produced +$8,053,951, and the remainder was supplied by the appropriation from the +Treasury of $2,250,000 granted by the act of Congress approved August 18, +1856, and by the appropriation of $666,883 made by the act of March 3, +1857, leaving $252,763 to be carried to the credit of the Department in the +accounts of the current year. I commend to your consideration the report of +the Department in relation to the establishment of the overland mail route +from the Mississippi River to San Francisco, Cal. The route was selected +with my full concurrence, as the one, in my judgment, best calculated to +attain the important objects contemplated by Congress. + +The late disastrous monetary revulsion may have one good effect should it +cause both the Government and the people to return to the practice of a +wise and judicious economy both in public and private expenditures. + +An overflowing Treasury has led to habits of prodigality and extravagance +in our legislation. It has induced Congress to make large appropriations to +objects for which they never would have provided had it been necessary to +raise the amount of revenue required to meet them by increased taxation or +by loans. We are now compelled to pause in our career and to scrutinize our +expenditures with the utmost vigilance; and in performing this duty I +pledge my cooperation to the extent of my constitutional competency. + +It ought to be observed at the same time that true public economy does not +consist in withholding the means necessary to accomplish important national +objects intrusted to us by the Constitution, and especially such as may be +necessary for the common defense. In the present crisis of the country it +is our duty to confine our appropriations to objects of this character, +unless in cases where justice to individuals may demand a different course. +In all cases care ought to be taken that the money granted by Congress +shall be faithfully and economically applied. + +Under the Federal Constitution "every bill which shall have passed the +House of Representatives and the Senate shall, before it become a law," be +approved and signed by the President; and if not approved, "he shall return +it with his objections to that House in which it shall have originated." In +order to perform this high and responsible duty, sufficient time must be +allowed the President to read and examine every bill presented to him for +approval. Unless this be afforded, the Constitution becomes a dead letter +in this particular, and; even worse, it becomes a means of deception. Our +constituents, seeing the President's approval and signature attached to +each act of Congress, are induced to believe that he has actually performed +his duty, when in truth nothing is in many cases more unfounded. + +From the practice of Congress such an examination of each bill as the +Constitution requires has been rendered impossible. The most important +business of each session is generally crowded into its last hours, and the +alternative presented to the President is either to violate the +constitutional duty which he owes to the people and approve bills which for +want of time it is impossible he should have examined, or by his refusal to +do this subject the country and individuals to great loss and +inconvenience. + +Besides, a practice has grown up of late years to legislate in +appropriation bills at the last hours of the session on new and important +subjects. This practice constrains the President either to suffer measures +to become laws which he does not approve or to incur the risk of stopping +the wheels of the Government by vetoing an appropriation bill. Formerly +such bills were confined to specific appropriations for carrying into +effect existing laws and the well-established policy of the country, and +little time was then requited by the President for their examination. + +For my own part, I have deliberately determined that I shall approve no +bills which I have not examined, and it will be a case of extreme and most +urgent necessity which shall ever induce me to depart from this rule. I +therefore respectfully but earnestly recommend that the two Houses would +allow the President at least two days previous to the adjournment of each +session within which no new bill shall be presented to him for approval. +Under the existing joint rule one day is allowed, but this rule has been +hitherto so constantly suspended in practice that important bills continue +to be presented to him up till the very last moments of the session. In a +large majority of cases no great public inconvenience can arise from the +want of time to examine their provisions, because the Constitution has +declared that if a bill be presented to the President within the last ten +days of the session he is not required to return it, either with an +approval or with a veto, "in which case it shall not be a law." It may then +lie over and be taken up and passed at the next session. Great +inconvenience would only be experienced in regard to appropriation bills, +but, fortunately, under the late excellent law allowing a salary instead of +a per diem to members of Congress the expense and inconvenience of a called +session will be greatly reduced. + +I can not conclude without commending to your favorable consideration the +interest of the people of this District. Without a representative on the +floor of Congress, they have for this very reason peculiar claims upon our +just regard. To this I know, from my long acquaintance with them, they are +eminently entitled. + +*** + +State of the Union Address +James Buchanan +December 6, 1858 + +Fellow-Citizens of the Senate and House of Representatives: + +When we compare the condition of the country at the present day with what +it was one year ago at the meeting of Congress, we have much reason for +gratitude to that Almighty Providence which has never failed to interpose +for our relief at the most critical periods of our history. One year ago +the sectional strife between the North and the South on the dangerous +subject of slavery had again become so intense as to threaten the peace and +perpetuity of the Confederacy. The application for the admission of Kansas +as a State into the Union fostered this unhappy agitation and brought the +whole subject once more before Congress. It was the desire of every patriot +that such measures of legislation might be adopted as would remove the +excitement from the States and confine it to the Territory where it +legitimately belonged. Much has been done, I am happy to say, toward the +accomplishment of this object during the last session of Congress. The +Supreme Court of the United States had previously decided that all American +citizens have an equal right to take into the Territories whatever is held +as property under the laws of any of the States, and to hold such property +there under the guardianship of the Federal Constitution so long as the +Territorial condition shall remain. + +This is now a well-established position, and the proceedings of the last +session were alone wanting to give it practical effect. The principle has +been recognized in some form or other by an almost unanimous vote of both +Houses of Congress that a Territory has a right to come into the Union +either as a free or a slave State, according to the will of a majority of +its people. The just equality of all the States has thus been vindicated +and a fruitful source of dangerous dissension among them has been removed. + +Whilst such has been the beneficial tendency of your legislative +proceedings outside of Kansas, their influence has nowhere been so happy as +within that Territory itself. Left to manage and control its own affairs in +its own way, without the pressure of external influence, the revolutionary +Topeka organization and all resistance to the Territorial government +established by Congress have been finally abandoned. As a natural +consequence that fine Territory now appears to be tranquil and prosperous +and is attracting increasing thousands of immigrants to make it their happy +home. + +The past unfortunate experience of Kansas has enforced the lesson, so often +already taught, that resistance to lawful authority under our form of +government can not fail in the end to prove disastrous to its authors. Had +the people of the Territory yielded obedience to the laws enacted by their +legislature, it would at the present moment have contained a large +additional population of industrious and enterprising citizens, who have +been deterred from entering its borders by the existence of civil strife +and organized rebellion. + +It was the resistance to rightful authority and the persevering attempts to +establish a revolutionary government under the Topeka constitution which +caused the people of Kansas to commit the grave error of refusing to vote +for delegates to the convention to frame a constitution under a law not +denied to be fair and just in its provisions. This refusal to vote has been +the prolific source of all the evils which have followed, In their +hostility to the Territorial government they disregarded the principle, +absolutely essential to the working of our form of government, that a +majority of those who vote, not the majority who may remain at home, from +whatever cause, must decide the result of an election. For this reason, +seeking to take advantage of their own error, they denied the authority of +the convention thus elected to frame a constitution. + +The convention, notwithstanding, proceeded to adopt a constitution +unexceptionable in its general features, and providing for the submission +of the slavery question to a vote of the people, which, in my opinion, they +were bound to do under the Kansas and Nebraska act. This was the +all-important question which had alone convulsed the Territory; and yet the +opponents of the lawful government, persisting in their first error, +refrained from exercising their right to vote, and preferred that slavery +should continue rather than surrender their revolutionary Topeka +organization. + +A wiser and better spirit seemed to prevail before the first Monday of +January last, when an election was held under the constitution. A majority +of the people then voted for a governor and other State officers, for a +Member of Congress and members of the State legislature. This election was +warmly contested by the two political parties in Kansas, and a greater vote +was polled than at any previous election. A large majority of the members +of the legislature elect belonged to that party which had previously +refused to vote. The antislavery party were thus placed in the ascendant, +and the political power of the State was in their own hands. Had Congress +admitted Kansas into the Union under the Lecompton constitution, the +legislature might at its very first session have submitted the question to +a vote of the people whether they would or would not have a convention to +amend their constitution, either on the slavery or any other question, and +have adopted all necessary means for giving speedy effect to the will of +the majority. Thus the Kansas question would have been immediately and +finally settled. + +Under these circumstances I submitted to Congress the constitution thus +framed, with all the officers already elected necessary to put the State +government into operation, accompanied by a strong recommendation in favor +of the admission of Kansas as a State. In the course of my long public life +I have never performed any official act which in the retrospect has +afforded me more heartfelt satisfaction. Its admission could have inflicted +no possible injury on any human being, whilst it would within a brief +period have restored peace to Kansas and harmony to the Union. In that +event the slavery question would ere this have been finally settled +according to the legally expressed will of a majority of the voters, and +popular sovereignty would thus have been vindicated in a constitutional +manner. + +With my deep convictions of duty I could have pursued no other course. It +is true that as an individual I had expressed an opinion, both before and +during the session of the convention, in favor of submitting the remaining +clauses of the constitution, as well as that concerning slavery, to the +people. But, acting in an official character, neither myself nor any human +authority had the power to rejudge the proceedings of the convention and +declare the constitution which it had framed to be a nullity. To have done +this would have been a violation of the Kansas and Nebraska act, which left +the people of the Territory "perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." It would equally have violated the great principle of +popular sovereignty, at the foundation of our institutions, to deprive the +people of the power, if they thought proper to exercise it, of confiding to +delegates elected by themselves the trust of framing a constitution without +requiring them to subject their constituents to the trouble, expense, and +delay of a second election. It would have been in opposition to many +precedents in our history, commencing in the very best age of the Republic, +of the admission of Territories as States into the Union without a previous +vote of the people approving their constitution. + +It is to be lamented that a question so insignificant when viewed in its +practical effects on the people of Kansas, whether decided one way or the +other, should have kindled such a flame of excitement throughout the +country. This reflection may prove to be a lesson of wisdom and of warning +for our future guidance. Practically considered, the question is simply +whether the people of that Territory should first come into the Union and +then change any provision in their constitution not agreeable to +themselves, or accomplish the very same object by remaining out of the +Union and framing another constitution in accordance with their will. In +either case the result would be precisely the same. The only difference, in +point of fact, is that the object would have been much sooner attained and +the pacification of Kansas more speedily effected had it been admitted as a +State during the last session of Congress. + +My recommendation, however, for the immediate admission of Kansas failed to +meet the approbation of Congress. They deemed it wiser to adopt a different +measure for the settlement of the question. For my own part, I should have +been willing to yield my assent to almost any constitutional measure to +accomplish this object. I therefore cordially acquiesced in what has been +called the English compromise and approved the "act for the admission of +the State of Kansas into the Union" upon the terms therein prescribed. + +Under the ordinance which accompanied the Lecompton constitution the people +of Kansas had claimed double the quantity of public lands for the support +of common schools which had ever been previously granted to any State upon +entering the Union, and also the alternate sections of land for 12 miles on +each side of two railroads proposed to be constructed from the northern to +the southern boundary and from the eastern to the western boundary of the +State. Congress, deeming these claims unreasonable, provided by the act of +May 4, 1858, to which I have just referred, for the admission of the State +on an equal footing with the original States, but "upon the fundamental +condition precedent" that a majority of the people thereof, at an election +to be held for that purpose, should, in place of the very large grants of +public lands which they had demanded under the ordinance, accept such +grants as had been made to Minnesota and other new States. Under this act, +should a majority reject the proposition offered them, "it shall be deemed +and held that the people of Kansas do not desire admission into the Union +with said constitution under the conditions set forth in said proposition." +In that event the act authorizes the people of the Territory to elect +delegates to form a constitution and State government for themselves +"whenever, and not before, it is ascertained by a census, duly and legally +taken, that the population of said Territory equals or exceeds the ratio of +representation required for a member of the House of Representatives of the +Congress of the United States." The delegates thus assembled "shall first +determine by a vote whether it is the wish of the people of the proposed +State to be admitted into the Union at that time, and, if so, shall proceed +to form a constitution and take all necessary steps for the establishment +of a State government in conformity with the Federal Constitution." After +this constitution shall have been formed, Congress, carrying out the +principles of popular sovereignty and nonintervention, have left "the mode +and manner of its approval or ratification by the people of the proposed +State" to be "prescribed by law," and they "shall then be admitted into the +Union as a State under such constitution, thus fairly and legally made, +with or without slavery, as said constitution may prescribe." + +An election was held throughout Kansas, in pursuance of the provisions of +this act, on the 2d day of August last, and it resulted in the rejection by +a large majority of the proposition submitted to the people by Congress. +This being the case, they are now authorized to form another constitution, +preparatory to admission into the Union, but not until their number, as +ascertained by a census, shall equal or exceed the ratio required to elect +a member to the House of Representatives. + +It is not probable, in the present state of the case, that a third +constitution can be lawfully framed and presented to Congress by Kansas +before its population shall have reached the designated number. Nor is it +to be presumed that after their sad experience in resisting the Territorial +laws they will attempt to adopt a constitution in express violation of the +provisions of an act of Congress. During the session of 1856 much of the +time of Congress was occupied on the question of admitting Kansas under the +Topeka constitution. Again, nearly the whole of the last session was +devoted to the question of its admission under the Lecompton constitution. +Surely it is not unreasonable to require the people of Kansas to wait +before making a third attempt until the number of their inhabitants shall +amount to 93,420. During this brief period the harmony of the States as +well as the great business interests of the country demand that the people +of the Union shall not for a third time be convulsed by another agitation +on the Kansas question. By waiting for a short time and acting in obedience +to law Kansas will glide into the Union without the slightest impediment. + +This excellent provision, which Congress have applied to Kansas, ought to +be extended and rendered applicable to all Territories which may hereafter +seek admission into the Union. + +Whilst Congress possess the undoubted power of admitting a new State into +the Union, however small may be the number of its inhabitants, yet this +power ought not, in my opinion, to be exercised before the population shall +amount to the ratio required by the act for the admission of Kansas. Had +this been previously the rule, the country would have escaped all the evils +and misfortunes to which it has been exposed by the Kansas question. + +Of course it would be unjust to give this rule a retrospective application, +and exclude a State which, acting upon the past practice of the Government, +has already formed its constitution, elected its legislature and other +officers, and is now prepared to enter the Union. The rule ought to be +adopted, whether we consider its bearing on the people of the Territories +or upon the people of the existing States. Many of the serious dissentions +which have prevailed in Congress and throughout the country would have been +avoided had this rule been established at an earlier period of the +Government. + +Immediately upon the formation of a new Territory people from different +States and from foreign countries rush into it for the laudable purpose of +improving their condition. Their first duty to themselves is to open and +cultivate farms, to construct roads, to establish schools, to erect places +of religious worship, and to devote their energies generally to reclaim the +wilderness and to lay the foundations of a flourishing and prosperous +commonwealth. If in this incipient condition, with a population of a few +thousand, they should prematurely enter the Union, they are oppressed by +the burden of State taxation, and the means necessary for the improvement +of the Territory and the advancement of their own interests are thus +diverted to very different purposes. + +The Federal Government has ever been a liberal parent to the Territories +and a generous contributor to the useful enterprises of the early settlers. +It has paid the expenses of their governments and legislative assemblies +out of the common Treasury, and thus relieved them from a heavy charge. +Under these circumstances nothing can be better calculated to retard their +material progress than to divert them from their useful employments by +prematurely exciting angry political contests among themselves for the +benefit of aspiring leaders. It is surely no hardship for embryo governors, +Senators, and Members of Congress to wait until the number of inhabitants +shall equal those of a single Congressional district. They surely ought not +to be permitted to rush into the Union with a population less than one-half +of several of the large counties in the interior of some of the States. +This was the condition of Kansas when it made application to be admitted +under the Topeka constitution. Besides, it requires some time to render the +mass of a population collected in a new Territory at all homogeneous and to +unite them on anything like a fixed policy. Establish the rule, and all +will look forward to it and govern themselves accordingly. But justice to +the people of the several States requires that this rule should be +established by Congress. Each State is entitled to two Senators and at +least one Representative in Congress. Should the people of the States fail +to elect a Vice-President, the power devolves upon the Senate to select +this officer from the two highest candidates on the list. In case of the +death of the President, the Vice-President thus elected by the Senate +becomes President of the United States. On all questions of legislation the +Senators from the smallest States of the Union have an equal vote with +those from the largest. The same may be said in regard to the ratification +of treaties and of Executive appointments. All this has worked admirably in +practice, whilst it conforms in principle with the character of a +Government instituted by sovereign States. I presume no American citizen +would desire the slightest change in the arrangement. Still, is it not +unjust and unequal to the existing States to invest some 40,000 or 50,000 +people collected in a Territory with the attributes of sovereignty and +place them on an equal footing with Virginia and New York in the Senate of +the United States? + +For these reasons I earnestly recommend the passage of a general act which +shall provide that, upon the application of a Territorial legislature +declaring their belief that the Territory contains a number of inhabitants +which, if in a State, would entitle them to elect a Member of Congress, it +shall be the duty of the President to cause a census of the inhabitants to +be taken, and if found sufficient then by the terms of this act to +authorize them to proceed "in their own way" to frame a State constitution +preparatory to admission into the Union. I also recommend that an +appropriation may be made to enable the President to take a census of the +people of Kansas. + +The present condition of the Territory of Utah, when contrasted with what +it was one year ago, is a subject for congratulation. It was then in a +state of open rebellion, and, cost what it might, the character of the +Government required that this rebellion should be suppressed and the +Mormons compelled to yield obedience to the Constitution and the laws. In +order to accomplish this object, as I informed you in my last annual +message, I appointed a new governor instead of Brigham Young, and other +Federal officers to take the place of those who, consulting their personal +safety, had found it necessary to withdraw from the Territory. + +To protect these civil officers, and to aid them, as a posse comitatus, in +the execution of the laws in case of need, I ordered a detachment of the +Army to accompany them to Utah. The necessity for adopting these measures +is now demonstrated. + +On the 15th of September, 1857, Governor Young issued his proclamation, in +the style of an independent sovereign, announcing his purpose to resist by +force of arms the entry of the United States troops into our own Territory +of Utah. By this he required all the forces in the Territory to "hold +themselves in readiness to march at a moment's notice to repel any and all +such invasion," and established martial law from its date throughout the +Territory. These proved to be no idle threats. Forts Bridger and Supply +were vacated and burnt down by the Mormons to deprive our troops of a +shelter after their long and fatiguing march. Orders were issued by Daniel +H. Wells, styling himself "Lieutenant General, Nauvoo Legion," to stampede +the animals of the United States troops on their march, to set fire to +their trains, to burn the grass and the whole country before them and on +their flanks, to keep them from sleeping by night surprises, and to +blockade the road by felling trees and destroying the fords of rivers, +etc. + +These orders were promptly and effectually obeyed. On the 4th of October, +1857, the Mormons captured and burned, on Green River, three of our supply +trains, consisting of seventy-five wagons loaded with provisions and tents +for the army, and carried away several hundred animals. This diminished the +supply of provisions so materially that General Johnston was obliged to +reduce the ration, and even with this precaution there was only sufficient +left to subsist the troops until the 1st of June. + +Our little army behaved admirably in their encampment at Fort Bridger under +these trying privations. In the midst of the mountains, in a dreary, +unsettled, and inhospitable region, more than a thousand miles from home, +they passed the severe and inclement winter without a murmur. They looked +forward with confidence for relief from their country in due season, and in +this they were not disappointed. The Secretary of War employed all his +energies to forward them the necessary supplies and to muster and send such +a military force to Utah as would render resistance on the part of the +Mormons hopeless, and thus terminate the war without the effusion of blood. +In his efforts he was efficiently sustained by Congress. They granted +appropriations sufficient to cover the deficiency thus necessarily created, +and also provided for raising two regiments of volunteers "for the purpose +of quelling disturbances in the Territory of Utah, for the protection of +supply and emigrant trains, and the suppression of Indian hostilities on +the frontiers." Happily, there was no occasion to call these regiments into +service. If there had been, I should have felt serious embarrassment in +selecting them, so great was the number of our brave and patriotic citizens +anxious to serve their country in this distant and apparently dangerous +expedition. Thus it has ever been, and thus may it ever be. + +The wisdom and economy of sending sufficient reenforcements to Utah are +established, not only by the event, but in the opinion of those who from +their position and opportunities are the most capable of forming a correct +judgment. General Johnston, the commander of the forces, in addressing the +Secretary of War from Fort Bridger under date of October 18, 1857, +expresses the opinion that "unless a large force is sent here, from the +nature of the country a protracted war on their [the Mormons's] part is +inevitable." This he considered necessary to terminate the war "speedily +and more economically than if attempted by insufficient means." + +In the meantime it was my anxious desire that the Mormons should yield +obedience to the Constitution and the laws without rendering it necessary +to resort to military force. To aid in accomplishing this object, I deemed +it advisable in April last to dispatch two distinguished citizens of the +United States, Messrs. Powell and McCulloch, to Utah. They bore with them a +proclamation addressed by myself to the inhabitants of Utah, dated on the +6th day of that month, warning them of their true condition and how +hopeless it was on their part to persist in rebellion against the United +States, and offering all those who should submit to the laws a full pardon +for their past seditions and treasons. At the same time I assured those who +should persist in rebellion against the United States that they must expect +no further lenity, but look to be rigorously dealt with according to their +deserts. The instructions to these agents, as well as a copy of the +proclamation and their reports, are herewith submitted. It will be seen by +their report of the 3d of July last that they have fully confirmed the +opinion expressed by General Johnston in the previous October as to the +necessity of sending reenforcements to Utah. In this they state that they +"are firmly impressed with the belief that the presence of the Army here +and the large additional force that had been ordered to this Territory were +the chief inducements that caused the Mormons to abandon the idea of +resisting the authority of the United States. A less decisive policy would +probably have resulted in a long, bloody, and expensive war." + +These gentlemen conducted themselves to my entire satisfaction and rendered +useful services in executing the humane intentions of the Government. + +It also affords me great satisfaction to state that Governor Cumming has +performed his duty in an able and conciliatory manner and with the happiest +effect. I can not in this connection refrain from mentioning the valuable +services of Colonel Thomas L. Kane, who, from motives of pure benevolence +and without any official character or pecuniary compensation, visited Utah +during the last inclement winter for the purpose of contributing to the +pacification of the Territory. + +I am happy to inform you that the governor and other civil officers of Utah +are now performing their appropriate functions without resistance. The +authority of the Constitution and the laws has been fully restored and +peace prevails throughout the Territory. A portion of the troops sent to +Utah are now encamped in Cedar Valley, 44 miles southwest of Salt Lake +City, and the remainder have been ordered to Oregon to suppress Indian +hostilities. + +The march of the army to Salt Lake City through the IndianTerritory has had +a powerful effect in restraining the hostile feelings against the United +States which existed among the Indians in that region and in securing +emigrants to the far West against their depredations. This will also be the +means of establishing military posts and promoting settlements along the +route. I recommend that the benefits of our land laws and preemption system +be extended to the people of Utah by the establishment of a land office in +that Territory. + +I have occasion also to congratulate you on the result of our negotiations +with China. + +You were informed by my last annual message that our minister had been +instructed to occupy a neutral position in the hostilities conducted by +Great Britain and France against Canton. He was, however, at the same time +directed to cooperate cordially with the British and French ministers in +all peaceful measures to secure by treaty those just concessions to foreign +commerce which the nations of the world had a right to demand. It was +impossible for me to proceed further than this on my own authority without +usurping the war-making power, which under the Constitution belongs +exclusively to Congress. + +Besides, after a careful examination of the nature and extent of our +grievances, I did not believe they were of such a pressing and aggravated +character as would have justified Congress in declaring war against the +Chinese Empire without first making another earnest attempt to adjust them +by peaceful negotiation. I was the more inclined to this opinion because of +the severe chastisement which had then but recently been inflicted upon the +Chinese by our squadron in the capture and destruction of the Barrier forts +to avenge an alleged insult to our flag. The event has proved the wisdom of +our neutrality. Our minister has executed his instructions with eminent +skill and ability. In conjunction with the Russian plenipotentiary, he has +peacefully, but effectually, cooperated with the English and French +plenipotentiaries, and each of the four powers has concluded a separate +treaty with China of a highly satisfactory character. The treaty concluded +by our own plenipotentiary will immediately be submitted to the Senate. + +I am happy to announce that through the energetic yet conciliatory efforts +of our consul-general in Japan a new treaty has been concluded with that +Empire, which may be expected materially to augment our trade and +intercourse in that quarter and remove from our countrymen the disabilities +which have heretofore been imposed upon the exercise of their religion. The +treaty shall be submitted to the Senate for approval without delay. + +It is my earnest desire that every misunderstanding with the Government of +Great Britain should be amicably and speedily adjusted. It has been the +misfortune of both countries, almost ever since the period of the +Revolution, to have been annoyed by a succession of irritating and +dangerous questions, threatening their friendly relations. This has +partially prevented the full development of those feelings of mutual +friendship between the people of the two countries so natural in themselves +and so conducive to their common interest. Any serious interruption of the +commerce between the United States and Great Britain would be equally +injurious to both. In fact, no two nations have ever existed on the face of +the earth which could do each other so much good or so much harm. + +Entertaining these sentiments, I am gratified to inform you that the +long-pending controversy between the two Governments in relation to the +question of visitation and search has been amicably adjusted. The claim on +the part of Great Britain forcibly to visit American vessels on the high +seas in time of peace could not be sustained under the law of nations, and +it had been overruled by her own most eminent jurists. This question was +recently brought to an issue by the repeated acts of British cruisers in +boarding and searching our merchant vessels in the Gulf of Mexico and the +adjacent seas. These acts were the more injurious and annoying, as these +waters are traversed by a large portion of the commerce and navigation of +the United States and their free and unrestricted use is essential to the +security of the coastwise trade between the different States of the Union. +Such vexatious interruptions could not fail to excite the feelings of the +country and to require the interposition of the Government. Remonstrances +were addressed to the British Government against these violations of our +rights of sovereignty, and a naval force was at the same time ordered to +the Cuban waters with directions "to protect all vessels of the United +States on the high seas from search or detention by the vessels of war of +any other nation." These measures received the unqualified and even +enthusiastic approbation of the American people. Most fortunately, however, +no collision took place, and the British Government promptly avowed its +recognition of the principles of international law upon this subject as +laid down by the Government of the United States in the note of the +Secretary of State to the British minister at Washington of April 10, 1858, +which secure the vessels of the United States upon the high seas from +visitation or search in time of peace under any circumstances whatever. The +claim has been abandoned in a manner reflecting honor on the British +Government and evincing a just regard for the law of nations, and can not +fail to strengthen the amicable relations between the two countries. + +The British Government at the same time proposed to the United States that +some mode should be adopted, by mutual arrangement between the two +countries, of a character which may be found effective without being +offensive, for verifying the nationality of vessels suspected on good +grounds of carrying false colors. They have also invited the United States +to take the initiative and propose measures for this purpose. Whilst +declining to assume so grave a responsibility, the Secretary of State has +informed the British Government that we are ready to receive any proposals +which they may feel disposed to offer having this object in view, and to +consider them in an amicable spirit. A strong opinion is, however, +expressed that the occasional abuse of the flag of any nation is an evil +far less to be deprecated than would be the establishment of any +regulations which might be incompatible with the freedom of the seas. This +Government has yet received no communication specifying the manner in which +the British Government would propose to carry out their suggestion, and I +am inclined to believe that no plan which can be devised will be free from +grave embarrassments. Still, I shall form no decided opinion on the subject +until I shall have carefully and in the best spirit examined any proposals +which they may think proper to make. + +I am truly sorry I can not also inform you that the complications between +Great Britain and the United States arising out of the Clayton and Bulwer +treaty of April, 1850, have been finally adjusted. + +At the commencement of your last session I had reason to hope that, +emancipating themselves from further unavailing discussions, the two +Governments would proceed to settle the Central American questions in a +practical manner, alike honorable and satisfactory to both; and this hope I +have not yet abandoned. In my last annual message I stated that overtures +had been made by the British Government for this purpose in a friendly +spirit, which I cordially reciprocated. Their proposal was to withdraw +these questions from direct negotiation between the two Governments, but to +accomplish the same object by a negotiation between the British Government +and each of the Central American Republics whose territorial interests are +immediately involved. The settlement was to be made in accordance with the +general tenor of the interpretation placed upon the Clayton and Bulwer +treaty by the United States, with certain modifications. As negotiations +are still pending upon this basis, it would not be proper for me now to +communicate their present condition. A final settlement of these questions +is greatly to be desired, as this would wipe out the last remaining subject +of dispute between the two countries. + +Our relations with the great Empires of France and Russia, as well as with +all other Governments on the continent of Europe, except that of Spain, +continue to be of the most friendly character. + +With Spain our relations remain in an unsatisfactory condition. In my +message of December last I informed you that our envoy extraordinary and +minister plenipotentiary to Madrid had asked for his recall, and it was my +purpose to send out a new minister to that Court with special instructions +on all questions pending between the two Governments, and with a +determination to have them speedily and amicably adjusted if that were +possible. This purpose has been hitherto defeated by causes which I need +not enumerate. The mission to Spain has been intrusted to a distinguished +citizen of Kentucky, who will proceed to Madrid without delay and make +another and a final attempt to obtain justice from that Government. + +Spanish officials under the direct control of the Captain-General of Cuba +have insulted our national flag and in repeated instances have from time to +time inflicted injuries on the persons and property of our citizens. These +have given birth to numerous claims against the Spanish Government, the +merits of which have been ably discussed for a series of years by our +successive diplomatic representatives. Notwithstanding this, we have not +arrived at a practical result in any single instance, unless we may except +the case of the Black Warrior, under the late Administration, and that +presented an outrage of such a character as would have justified an +immediate resort to war. All our attempts to obtain redress have been +baffled and defeated. The frequent and oft-recurring changes in the Spanish +ministry have been employed as reasons for delay. We have been compelled to +wait again and again until the new minister shall have had time to +investigate the justice of our demands. + +Even what have been denominated "the Cuban claims," in which more than 100 +of our citizens are directly interested, have furnished no exception. These +claims were for the refunding of duties unjustly exacted from American +vessels at different custom-houses in Cuba so long ago as the year 1844. +The principles upon which they rest are so manifestly equitable and just +that, after a period of nearly ten years, in 1854 they were recognized by +the Spanish Government. Proceedings were afterwards instituted to ascertain +their amount, and this was finally fixed, according to their own statement +(with which we were satisfied), at the sum of $128,635.54. Just at the +moment, after a delay of fourteen years, when we had reason to expect that +this sum would be repaid with interest, we have received a proposal +offering to refund one-third of that amount ($42,878.41), but without +interest, if we would accept this in full satisfaction. The offer is also +accompanied by a declaration that this indemnification is not founded on +any reason of strict justice, but is made as a special favor. + +One alleged cause for procrastination in the examination and adjustment of +our claims arises from an obstacle which it is the duty of the Spanish +Government to remove. Whilst the Captain-General of Cuba is invested with +general despotic authority in the government of that island, the power is +withheld from him to examine and redress wrongs committed by officials +under his control on citizens of the United States. Instead of making our +complaints directly to him at Havana, we are obliged to present them +through our minister at Madrid. These are then referred back to the +Captain-General for information, and much time is thus consumed in +preliminary investigations and correspondence between Madrid and Cuba +before the Spanish Government will consent to proceed to negotiation. Many +of the difficulties between the two Governments would be obviated and a +long train of negotiation avoided if the Captain-General were invested with +authority to settle questions of easy solution on the spot, where all the +facts are fresh and could be promptly and satisfactorily ascertained. We +have hitherto in vain urged upon the Spanish Government to confer this +power upon the Captain-General, and our minister to Spain will again be +instructed to urge this subject on their notice. In this respect we occupy +a different position from the powers of Europe. Cuba is almost within sight +of our shores; our commerce with it is far greater than that of any other +nation, including Spain itself, and our citizens are in habits of daily and +extended personal intercourse with every part of the island. It is +therefore a great grievance that when any difficulty occurs, no matter how +unimportant, which might be readily settled at the moment, we should be +obliged to resort to Madrid, especially when the very first step to be +taken there is to refer it back to Cuba. + +The truth is that Cuba, in its existing colonial condition, is a constant +source of injury and annoyance to the American people. It is the only spot +in the civilized world where the African slave trade is tolerated, and we +are bound by treaty with Great Britain to maintain a naval force on the +coast of Africa, at much expense both of life and treasure, solely for the +purpose of arresting slavers bound to that island. The late serious +difficulties between the United States and Great Britain respecting the +right of search, now so happily terminated, could never have arisen if Cuba +had not afforded a market for slaves. As long as this market shall remain +open there can be no hope for the civilization of benighted Africa. Whilst +the demand for slaves continues in Cuba wars will be waged among the petty +and barbarous chiefs in Africa for the purpose of seizing subjects to +supply this trade. In such a condition of affairs it is impossible that the +light of civilization and religion can ever penetrate these dark abodes. + +It has been made known to the world by my predecessors that the United +States have on several occasions endeavored to acquire Cuba from Spain by +honorable negotiation. If this were accomplished, the last relic of the +African slave trade would instantly disappear. We would not, if we could, +acquire Cuba in any other manner. This is due to our national character. +All the territory which we have acquired since the origin of the Government +has been by fair purchase from France, Spain, and Mexico or by the free and +voluntary act of the independent State of Texas in blending her destinies +with our own. This course we shall ever pursue, unless circumstances should +occur which we do not now anticipate, rendering a departure from it clearly +justifiable under the imperative and overruling law of self-preservation. +The island of Cuba, from its geographical position, commands the mouth of +the Mississippi and the immense and annually increasing trade, foreign and +coastwise, from the valley of that noble river, now embracing half the +sovereign States of the Union. With that island under the dominion of a +distant foreign power this trade, of vital importance to these States, is +exposed to the danger of being destroyed in time of war, and it has +hitherto been subjected to perpetual injury and annoyance in time of peace. +Our relations with Spain, which ought to be of the most friendly character, +must always be placed in jeopardy whilst the existing colonial government +over the island shall remain in its present condition. + +Whilst the possession of the island would be of vast importance to the +United States, its value to Spain is comparatively unimportant. Such was +the relative situation of the parties when the great Napoleon transferred +Louisiana to the United States. Jealous as he ever was of the national +honor and interests of France, no person throughout the world has imputed +blame to him for accepting a pecuniary equivalent for this cession. + +The publicity which has been given to our former negotiations upon this +subject and the large appropriation which may be required to effect the +purpose render it expedient before making another attempt to renew the +negotiation that I should lay the whole subject before Congress. This is +especially necessary, as it may become indispensable to success that I +should be intrusted with the means of making an advance to the Spanish +Government immediately after the signing of the treaty, without awaiting +the ratification of it by the Senate. I am encouraged to make this +suggestion by the example of Mr. Jefferson previous to the purchase of +Louisiana from France and by that of Mr. Polk in view of the acquisition of +territory from Mexico. I refer the whole subject to Congress and commend it +to their careful consideration. + +I repeat the recommendation made in my message of December last in favor of +an appropriation "to be paid to the Spanish Government for the purpose of +distribution among the claimants in the Amistad case." President Polk first +made a similar recommendation in December, 1847, and it was repeated by my +immediate predecessor in December, 1853. I entertain no doubt that +indemnity is fairly due to these claimants under our treaty with Spain of +October 27, 1795; and whilst demanding justice we ought to do justice. An +appropriation promptly made for this purpose could not fail to exert a +favorable influence on our negotiations with Spain. + +Our position in relation to the independent States south of us on this +continent, and especially those within the limits of North America, is of a +peculiar character. The northern boundary of Mexico is coincident with our +own southern boundary from ocean to ocean, and we must necessarily feel a +deep interest in all that concerns the well-being and the fate of so near a +neighbor. We have always cherished the kindest wishes for the success of +that Republic, and have indulged the hope that it might at last, after all +its trials, enjoy peace and prosperity under a free and stable government. +We have never hitherto interfered, directly or indirectly, with its +internal affairs, and it is a duty which we owe to ourselves to protect the +integrity of its territory against the hostile interference of any other +power. Our geographical position, our direct interest in all that concerns +Mexico, and our well-settled policy in regard to the North American +continent render this an indispensable duty. + +Mexico has been in a state of constant revolution almost ever since it +achieved its independence. One military leader after another has usurped +the Government in rapid succession, and the various constitutions from time +to time adopted have been set at naught almost as soon as they were +proclaimed. The successive Governments have afforded no adequate +protection, either to Mexican citizens or foreign residents, against +lawless violence. Heretofore a seizure of the capital by a military +chieftain has been generally followed by at least the nominal submission of +the country to his rule for a brief period, but not so at the present +crisis of Mexican affairs. A civil war has been raging for some time +throughout the Republic between the central Government at the City of +Mexico, which has endeavored to subvert the constitution last framed by +military power, and those who maintain the authority of that constitution. +The antagonist parties each hold possession of different States of the +Republic, and the fortunes of the war are constantly changing. Meanwhile +the most reprehensible means have been employed by both parties to extort +money from foreigners, as well as natives, to carry on this ruinous +contest. The truth is that this fine country, blessed with a productive +soil and a benign climate, has been reduced by civil dissension to a +condition of almost hopeless anarchy and imbecility. It would be vain for +this Government to attempt to enforce payment in money of the claims of +American citizens, now amounting to more than $10,000,000, against Mexico, +because she is destitute of all pecuniary means to satisfy these demands. + +Our late minister was furnished with ample powers and instructions for the +adjustment of all pending questions with the central Government of Mexico, +and he performed his duty with zeal and ability. The claims of our +citizens, some of them arising out of the violation of an express provision +of the treaty of Guadalupe Hidalgo, and others from gross injuries to +persons as well as property, have remained unredressed and even unnoticed. +Remonstrances against these grievances have been addressed without effect +to that Government. Meantime in various parts of the Republic instances +have been numerous of the murder, imprisonment, and plunder of our citizens +by different parties claiming and exercising a local jurisdiction; but the +central Government, although repeatedly urged thereto, have made no effort +either to punish the authors of these outrages or to prevent their +recurrence. No American citizen can now visit Mexico on lawful business +without imminent danger to his person and property. There is no adequate +protection to either, and in this respect our treaty with that Republic is +almost a dead letter. + +This state of affairs was brought to a crisis in May last by the +promulgation of a decree levying a contribution pro rata upon all the +capital in the Republic between certain specified amounts, whether held by +Mexicans or foreigners. Mr. Forsyth, regarding this decree in the light of +a "forced loan," formally protested against its application to his +countrymen and advised them not to pay the contribution, but to suffer it +to be forcibly exacted. Acting upon this advice, an American citizen +refused to pay the contribution, and his property was seized by armed men +to satisfy the amount. Not content with this, the Government proceeded +still further and issued a decree banishing him from the country. Our +minister immediately notified them that if this decree should be carried +into execution he would feel it to be his duty to adopt "the most decided +measures that belong to the powers and obligations of the representative +office." Notwithstanding this warning, the banishment was enforced, and Mr. +Forsyth promptly announced to the Government the suspension of the +political relations of his legation with them until the pleasure of his own +Government should be ascertained. + +This Government did not regard the contribution imposed by the decree of +the 15th May last to be in strictness a "forced loan," and as such +prohibited by the tenth article of the treaty of 1826 between Great Britain +and Mexico, to the benefits of which American citizens are entitled by +treaty; yet the imposition of the contribution upon foreigners was +considered an unjust and oppressive measure. Besides, internal factions in +other parts of the Republic were at the same time levying similar exactions +upon the property of our citizens and interrupting their commerce. There +had been an entire failure on the part of our minister to secure redress +for the wrongs which our citizens had endured, notwithstanding his +persevering efforts. And from the temper manifested by the Mexican +Government he had repeatedly assured us that no favorable change could be +expected until the United States should "give striking evidence of their +will and power to protect their citizens," and that "severe chastening is +the only earthly remedy for our grievances." From this statement of facts +it would have been worse than idle to direct Mr. Forsyth to retrace his +steps and resume diplomatic relations with that Government, and it was +therefore deemed proper to sanction his withdrawal of the legation from the +City of Mexico. + +Abundant cause now undoubtedly exists for a resort to hostilities against +the Government still holding possession of the capital. Should they succeed +in subduing the constitutional forces, all reasonable hope will then have +expired of a peaceful settlement of our difficulties. On the other hand, +should the constitutional party prevail and their authority be established +over the Republic, there is reason to hope that they will be animated by a +less unfriendly spirit and may grant that redress to American citizens +which justice requires so far as they may possess the means. But for this +expectation I should at once have recommended to Congress to grant the +necessary power to the President to take possession of a sufficient portion +of the remote and unsettled territory of Mexico, to be held in pledge until +our injuries shall be redressed and our just demands be satisfied. We have +already exhausted every milder means of obtaining justice. In such a case +this remedy of reprisals is recognized by the law of nations, not only as +just in itself, but as a means of preventing actual war. + +But there is another view of our relations with Mexico, arising from the +unhappy condition of affairs along our southwestern frontier, which demands +immediate action. In that remote region, where there are but few white +inhabitants, large bands of hostile and predatory Indians roam +promiscuously over the Mexican States of Chihuahua and Sonora and our +adjoining Territories. The local governments of these States are perfectly +helpless and are kept in a state of constant alarm by the Indians. They +have not the power, if they possessed the will, even to restrain lawless +Mexicans from passing the border and committing depredations on our remote +settlers. A state of anarchy and violence prevails throughout that distant +frontier. The laws are a dead letter and life and property wholly insecure. +For this reason the settlement of Arizona is arrested, whilst it is of +great importance that a chain of inhabitants should extend all along its +southern border sufficient for their own protection and that of the United +States mail passing to and from California. Well-founded apprehensions are +now entertained that the Indians and wandering Mexicans, equally lawless, +may break up the important stage and postal communication recently +established between our Atlantic and Pacific possessions. This passes very +near to the Mexican boundary throughout the whole length of Arizona. I can +imagine no possible remedy for these evils and no mode of restoring law and +order on that remote and unsettled frontier but for the Government of the +United States to assume a temporary protectorate over the northern portions +of Chihuahua and Sonora and to establish military posts within the same; +and this I earnestly recommend to Congress. This protection may be +withdrawn as soon as local governments shall be established in these +Mexican States capable of performing their duties to the United States, +restraining the lawless, and preserving peace along the border. + +I do not doubt that this measure will be viewed in a friendly spirit by the +governments and people of Chihuahua and Sonora, as it will prove equally +effectual for the protection of their citizens on that remote and lawless +frontier as for citizens of the United States. And in this connection +permit me to recall your attention to the condition of Arizona. The +population of that Territory, numbering, as is alleged, more than 10,000 +souls, are practically without a government, without laws, and without any +regular administration of justice. Murder and other crimes are committed +with impunity. This state of things calls loudly for redress, and I +therefore repeat my recommendation for the establishment of a Territorial +government over Arizona. + +The political condition of the narrow isthmus of Central America, through +which transit routes pass between the Atlantic and Pacific oceans, presents +a subject of deep interest to all commercial nations. It is over these +transits that a large proportion of the trade and travel between the +European and Asiatic continents is destined to pass. To the United States +these routes are of incalculable importance as a means of communication +between their Atlantic and Pacific possessions. The latter now extend +throughout seventeen degrees of latitude on the Pacific coast, embracing +the important State of California and the flourishing territories of Oregon +and Washington. All commercial nations therefore have a deep and direct +interest that these communications shall be rendered secure from +interruption. If an arm of the sea connecting the two oceans penetrated +through Nicaragua and Costa Rica, it could not be pretended that these +States would have the right to arrest or retard its navigation to the +injury of other nations. The transit by land over this narrow isthmus +occupies nearly the same position. It is a highway in which they themselves +have little interest when compared with the vast interests of the rest of +the world. Whilst their rights of sovereignty ought to be respected, it is +the duty of other nations to require that this important passage shall not +be interrupted by the civil wars and revolutionary outbreaks which have so +frequently occurred in that region. The stake is too important to be left +at the mercy of rival companies claiming to hold conflicting contracts with +Nicaragua. The commerce of other nations is not to stand still and await +the adjustment of such petty controversies. The Government of the United +States expect no more than this, and they will not be satisfied with less. +They would not, if they could, derive any advantage from the Nicaragua +transit not common to the rest of the World. Its neutrality and protection +for the common use of all nations is their only object. They have no +objection that Nicaragua shall demand and receive a fair compensation from +the companies and individuals who may traverse the route, but they insist +that it shall never hereafter be closed by an arbitrary decree of that +Government. If disputes arise between it and those with whom they may have +entered into contracts, these must be adjusted by some fair tribunal +provided for the purpose, and the route must not be closed pending the +controversy. This is our whole policy, and it can not fail to be acceptable +to other nations. + +All these difficulties might be avoided if, consistently with the good +faith of Nicaragua, the use of this transit could be thrown open to general +competition, providing at the same time for the payment of a reasonable +rate to the Nicaraguan Government on passengers and freight. In August, +1852, the Accessory Transit Company made its first interoceanic trip over +the Nicaraguan route, and continued in successful operation, with great +advantage to the public, until the 18th February, 1856, when it was closed +and the grant to this company as well as its charter were summarily and +arbitrarily revoked by the Government of President Rivas. Previous to this +date, however, in 1854, serious disputes concerning the settlement of their +accounts had arisen between the company and the Government, threatening the +interruption of the route at any moment. These the United States in vain +endeavored to compose. It would be useless to narrate the various +proceedings which took place between the parties up till the time when the +transit was discontinued. Suffice it to say that since February, 1856, it +has remained closed, greatly to the prejudice of citizens of the United +States. Since that time the competition has ceased between the rival routes +of Panama and Nicaragua, and in consequence thereof an unjust and +unreasonable amount has been exacted from our citizens for their passage to +and from California + +A treaty was signed on the 16th day of November, 1857, by the Secretary of +State and minister of Nicaragua, under the stipulations of which the use +and protection of the transit route would have been secured, not only to +the United States, but equally to all other nations. How and on what +pretext this treaty has failed to receive the ratification of the +Nicaraguan Government will appear by the papers herewith communicated from +the State Department. The principal objection seems to have been to the +provision authorizing the United States to employ force to keep the route +open in case Nicaragua should fail to perform her duty in this respect. +From the feebleness of that Republic, its frequent changes of government, +and its constant internal dissensions, this had become a most important +stipulation, and one essentially necessary, not only for the security of +the route, but for the safety of American citizens passing and repassing to +and from our Pacific possessions. Were such a stipulation embraced in a +treaty between the United States and Nicaragua, the knowledge of this fact +would of itself most probably prevent hostile parties from committing +aggressions on the route, and render our actual interference for its +protection unnecessary. + +The executive government of this country in its intercourse with foreign +nations is limited to the employment of diplomacy alone. When this fails it +can proceed no further. It can not legitimately resort to force without the +direct authority of Congress, except in resisting and repelling hostile +attacks. It would have no authority to enter the territories of Nicaragua +even to prevent the destruction of the transit and protect the lives and +property of our own citizens on their passage. It is true that on a sudden +emergency of this character the President would direct any armed force in +the vicinity to march to their relief, but in doing this he would act upon +his own responsibility. + +Under these circumstances I earnestly recommend to Congress the passage of +an act authorizing the president, under such restrictions as they may deem +proper, to employ the land and naval forces of the United States in +preventing the transit from being obstructed or closed by lawless violence, +and in protecting the lives and property of American citizens traveling +thereupon, requiring at the same time that these forces shall be withdrawn +the moment the danger shall have passed away. Without such a provision our +citizens will be constantly exposed to interruption in their progress and +to lawless violence. + +A similar necessity exists for the passage of such an act for the +protection of the Panama and Tehuantepec routes. In reference to the Panama +route, the United States, by their existing treaty with New Granada, +expressly guarantee the neutrality of the Isthmus, "with the view that the +free transit from the one to the other sea may not be interrupted or +embarrassed in any future time while this treaty exists." + +In regard to the Tehuantepec route, which has been recently opened under +the most favorable auspices, our treaty with Mexico of the 30th December, +1853, secures to the citizens of the United States a right of transit over +it for their persons and merchandise and stipulates that neither Government +shall "interpose any obstacle" thereto. It also concedes to the United +States the "right to transport across the Isthmus, in closed bags, the +mails of the United States not intended for distribution along the line of +the communication; also the effects of the United States Government and its +citizens which may be intended for transit and not for distribution on the +Isthmus, free of custom-house or other charges by the Mexican Government." + +These treaty stipulations with New Granada and Mexico, in addition to the +considerations applicable to the Nicaragua route, seem to require +legislation for the purpose of carrying them into effect. + +The injuries which have been inflicted upon our citizens in Costa Rica and +Nicaragua during the last two or three years have received the prompt +attention of this Government. Some of these injuries were of the most +aggravated character. The transaction at Virgin Bay in April, 1856, when a +company of unarmed Americans, who were in no way connected with any +belligerent conduct or party, were fired upon by the troops of Costa Rica +and numbers of them killed and wounded, was brought to the knowledge of +Congress by my predecessor soon after its occurrence, and was also +presented to the Government of Costa Rica for that immediate investigation +and redress which the nature of the case demanded. A similar course was +pursued with reference to other outrages in these countries, some of which +were hardly less aggravated in their character than the transaction at +Virgin Bay. At the time, however, when our present minister to Nicaragua +was appointed, in December, 1857, no redress had been obtained for any of +these wrongs and no reply even had been received to the demands which had +been made by this Government upon that of Costa Rica more than a year +before. Our minister was instructed, therefore, to lose no time in +expressing to those Governments the deep regret with which the President +had witnessed this inattention to the just claims of the United States and +in demanding their prompt and satisfactory adjustment. Unless this demand +shall be complied with at an early day it will only remain for this +Government to adopt such other measures as may be necessary in order to +obtain for itself that justice which it has in vain attempted to secure by +peaceful means from the Governments of Nicaragua and Costa Rica. While it +has shown, and will continue to show, the most sincere regard for the +rights and honor of these Republics, it can not permit this regard to be +met by an utter neglect on their part of what is due to the Government and +citizens of the United States. + +Against New Granada we have long-standing causes of complaint, arising out +of the unsatisfied claims of our citizens upon that Republic, and to these +have been more recently added the outrages committed upon our citizens at +Panama in April, 1856. A treaty for the adjustment of these difficulties +was concluded by the Secretary of State and the minister of New Granada in +September, 1857, which contained just and acceptable provisions for that +purpose. This treaty was transmitted to Bogota and was ratified by the +Government of New Granada, but with certain amendments. It was not, +however, returned to this city until after the close of the last session of +the Senate. It will be immediately transmitted to that body for their +advice and consent, and should this be obtained it will remove all our +existing causes of complaint against New Granada on the subject of claims. + +Questions have arisen between the two Governments as to the right of New +Granada to levy a tonnage duty upon the vessels of the United States in its +ports of the Isthmus and to levy a passenger tax upon our citizens arriving +in that country, whether with a design to remain there or to pass from +ocean to ocean by the transit route; and also a tax upon the mail of the +United States transported over the Panama Railroad. The Government of New +Granada has been informed that the United States would consider the +collection of either of these taxes as an act in violation of the treaty +between the two countries, and as such would be resisted by the United +States. At the same time, we are prepared to discuss these questions in a +spirit of amity and justice and with a sincere desire to adjust them in a +satisfactory manner. A negotiation for that purpose has already been +commenced. No effort has recently been made to collect these taxes nor is +any anticipated under present circumstances. + +With the Empire of Brazil our relations are of the most friendly character. +The productions of the two countries, and especially those of an +agricultural nature, are such as to invite extensive mutual exchanges. A +large quantity of American flour is consumed in Brazil, whilst more than +treble the amount in value of Brazilian coffee is consumed in the United +States. Whilst this is the case, a heavy duty has been levied until very +recently upon the importation of American flour into Brazil. I am +gratified, however, to be able to inform you that in September last this +has been reduced from $1.32 to about 49 cents per barrel, and the duties on +other articles of our production have been diminished in nearly the same +proportion. + +I regret to state that the Government of Brazil still continues to levy an +export duty of about 11 per cent on coffee, notwithstanding this article is +admitted free from duty in the United States. This is a heavy charge upon +the consumers of coffee in our country, as we purchase half of the entire +surplus crop of that article raised in Brazil. Our minister, under +instructions, will reiterate his efforts to have this export duty removed, +and it is hoped that the enlightened Government of the Emperor will adopt +this wise, just, and equal policy. In that event, there is good reason to +believe that the commerce between the two countries will greatly increase, +much to the advantage of both. The claims of our citizens against the +Government of Brazil are not in the aggregate of very large amount; but +some of these rest upon plain principles of justice and their settlement +ought not to be longer delayed. A renewed and earnest, and I trust a +successful, effort will be made by our minister to procure their final +adjustment. + +On the 2d of June last Congress passed a joint resolution authorizing the +President "to adopt such measures and use such force as in his judgment may +be necessary and advisable" "for the the purpose of the differences between +the United States and the Republic of Paraguay, in connection with the +attack on the United States steamer Water Witch and with other measures +referred to" in his annual message, and on the 12th of July following they +made an appropriation to defray the expenses and compensation of a +commissioner to that Republic should the President deem it proper to make +such all appointment. + +In compliance with these enactments, I have appointed a commissioner, who +has proceeded to Paraguay with full powers and instructions to settle these +differences in an amicable and peaceful manner if this be practicable. His +experience and discretion justify the hope that he may prove successful in +convincing the Paraguayan Government that it is due both to honor and +justice that they should voluntarily and promptly make atonement for the +wrongs which they have committed against the United States and indemnify +our injured citizens whom they have forcibly despoiled of their property. + +Should our commissioner prove unsuccessful after a sincere and earnest +effort to accomplish the object of his mission, then no alternative will +remain but the employment of force to obtain "just satisfaction" from +Paraguay. In view of this contingency, the Secretary of the Navy, under my +direction, has fitted out and dispatched a naval force to rendezvous near +Buenos Ayres, which, it is believed, will prove sufficient for the +occasion. It is my earnest desire, however, that it may not be found +necessary to resort to this last alternative. + +When Congress met in December last the business of the country had just +been crushed by one of those periodical revulsions which are the inevitable +consequence of our unsound and extravagant system of bank credits and +inflated currency. With all the elements of national wealth in abundance, +our manufactures were suspended, our useful public and private enterprises +were arrested, and thousands of laborers were deprived of employment and +reduced to want. Universal distress prevailed among the commercial, +manufacturing, and mechanical classes. This revulsion was felt the more +severely in the United States because similar causes had produced the like +deplorable effects throughout the commercial nations of Europe. All were +experiencing sad reverses at the same moment. Our manufacturers everywhere +suffered severely, not because of the recent reduction in the tariff of +duties on imports, but because there was no demand at any price for their +productions. The people were obliged to restrict themselves in their +purchases to articles of prime necessity. In the general prostration of +business the iron manufacturers in different States probably suffered more +than any other class, and much destitution was the inevitable consequence +among the great number of workmen who had been employed in this useful +branch of industry. There could be no supply where there was no demand. To +present an example, there could be no demand for railroad iron after our +magnificent system of railroads, extending its benefits to every portion of +the Union, had been brought to a dead pause. The same consequences have +resulted from similar causes to many other branches of useful manufactures. +It is self-evident that where there is no ability to purchase manufactured +articles these can not be sold, and consequently must cease to be +produced. + +No government, and especially a government of such limited powers as that +of the United States, could have prevented the late revulsion. The whole +commercial world seemed for years to have been rushing to this catastrophe. +The same ruinous consequences would have followed in the United States +whether the duties upon foreign imports had remained as they were under the +tariff of 1846 or had been raised to a much higher standard. The tariff of +1857 had no agency in the result. The general causes existing throughout +the world could not have been controlled by the legislation of any +particular country. + +The periodical revulsions which have existed in our past history must +continue to return at intervals so long as our present unbounded system of +bank credits shall prevail. They will, however, probably be the less severe +in future, because it is not to be expected, at least for many years to +come, that the commercial nations of Europe, with whose interests our own +are so materially involved, will expose themselves to similar calamities. +But this subject was treated so much at large in my last annual message +that I shall not now pursue it further. Still, I respectfully renew the +recommendation in favor of the passage of a uniform bankrupt law applicable +to banking institutions. This is all the direct power over the subject +which I believe the Federal Government possesses. Such a law would +mitigate, though it might not prevent, the evil. The instinct of +self-preservation might produce a wholesome restraint upon their banking +business if they knew in advance that a suspension of specie payments would +inevitably produce their civil death. + +But the effects of the revulsion are now slowly but surely passing away. +The energy and enterprise of our citizens, with our unbounded resources, +will within the period of another year restore a state of wholesome +industry and trade. Capital has again accumulated in our large cities. The +rate of interest is there very low. Confidence is gradually reviving, and +so soon as it is discovered that this capital can be profitably employed in +commercial and manufacturing enterprises and in the construction of +railroads and other works of public and private improvement prosperity will +again smile throughout the land. It is vain, however, to disguise the fact +from ourselves that a speculative inflation of our currency without a +corresponding inflation in other countries whose manufactures come into +competition with our own must ever produce disastrous results to our +domestic manufactures. No tariff short of absolute prohibition can prevent +these evil consequences. In connection with this subject it is proper to +refer to our financial condition. The same causes which have produced +pecuniary distress throughout the country have so reduced the amount of +imports from foreign countries that the revenue has proved inadequate to +meet the necessary expenses of the Government. To supply the deficiency, +Congress, by the act of December 23, 1857, authorized the issue of +$20,000,000 of Treasury notes; and this proving inadequate, they +authorized, by the act of June 14, 1858, a loan of $20,000,000," to be +applied to the payment of appropriations made by law." + +No statesman would advise that we should go on increasing the national debt +to meet the ordinary expenses of the Government. This would be a most +ruinous policy. In case of war our credit must be our chief resource, at +least for the first year, and this would be greatly impaired by having +contracted a large debt in time of peace. It is our true policy to increase +our revenue so as to equal our expenditures. It would be ruinous to +continue to borrow. Besides, it may be proper to observe that the +incidental protection thus afforded by a revenue tariff would at the +present moment to some extent increase the confidence of the manufacturing +interests and give a fresh impulse to our reviving business. To this surely +no person will object. + +In regard to the mode of assessing and collecting duties under a strictly +revenue tariff, I have long entertained and often expressed the opinion +that sound policy requires this should be done by specific duties in cases +to which these can be properly applied. They are well adapted to +commodities which are usually sold by weight or by measure, and which from +their nature are of equal or of nearly equal value. Such, for example, are +the articles of iron of different classes, raw sugar, and foreign wines and +spirits. + +In my deliberate judgment specific duties are the best, if not the only, +means of securing the revenue against false and fraudulent invoices, and +such has been the practice adopted for this purpose by other commercial +nations. Besides, specific duties would afford to the American manufacturer +the incidental advantages to which he is fairly entitled under a revenue +tariff. The present system is a sliding scale to his disadvantage. Under +it, when prices are high and business prosperous, the duties rise in amount +when he least requires their aid. On the contrary, when prices fall and he +is struggling against adversity, the duties are diminished in the same +proportion, greatly to his injury. Neither would there be danger that a +higher rate of duty than that intended by Congress could be levied in the +form of specific duties. It would be easy to ascertain the average value of +any imported article for a series of years, and, instead of subjecting it +to an ad valorem duty at a certain rate per centum, to substitute in its +place an equivalent specific duty. + +By such an arrangement the consumer would not be injured. It is true he +might have to pay a little more duty on a given article in one year, but, +if so, he would pay a little less in another, and in a series of years +these would counterbalance each other and amount to the same thing so far +as his interest is concerned. This inconvenience would be trifling when +contrasted with the additional security thus afforded against frauds upon +the revenue, in which every consumer is directly interested. + +I have thrown out these suggestions as the fruit of my own observation, to +which Congress, in their better judgment, will give such weight as they may +justly deserve. + +The report of the Secretary of the Treasury will explain in detail the +operations of that Department of the Government. The receipts into the +Treasury from all sources during the fiscal year ending June 30, 1858, +including the Treasury notes authorized by the act of December 23, 1857, +were $70,273,869.59, which amount, with the balance of $17,710,114.27 +remaining in the Treasury at the commencement of the year, made an +aggregate for the service of the year of $87,983,983.86. + +The public expenditures during the fiscal year ending June 30, 1858, +amounted to $81,585,667.76, of which $9,684,537.99 were applied to the +payment of the public debt and the redemption of Treasury notes with the +interest thereon, leaving in the Treasury on July 1, 1858, being the +commencement of the present fiscal year, $6,398,316.10. + +The receipts into the Treasury during the first quarter of the present +fiscal year, commencing the 1st of July, 1858, including one-half of the +loan of $20,000,000, with the premium upon it, authorized by the act of +June 14, 1858, were $25,230,879.46, and the estimated receipts for the +remaining three quarters to the 30th of June, 1859, from ordinary sources +are $38,500,000, making, with the balance before stated, an aggregate of +$70,129,195.56. + +The expenditures during the first quarter of the present fiscal year were +$21,708,198.51, of which $1,010,142.37 were applied to the payment of the +public debt and the redemption of Treasury notes and the interest thereon. +The estimated expenditures during the remaining three quarters to June 30, +1859, are $52,357,698.48, making an aggregate of $74,065,896.99, being an +excess of expenditure beyond the estimated receipts into the Treasury from +ordinary sources during the fiscal year to the 30th of June, 1859, of +$3,936,701.43. Extraordinary means are placed by law within the command of +the Secretary of the Treasury, by the reissue of Treasury notes redeemed +and by negotiating the balance of the loan authorized by the act of June +14, 1858, to the extent of $11,000,000, which, if realized during the +present fiscal year, will leave a balance in the Treasury on the 1st day of +July, 1859, of $7,063,298.57. + +The estimated receipts during the next fiscal year, ending June 30, 1860, +are $62,000,000, which, with the above-estimated balance of $7,063,298.57 +make an aggregate for the service of the next fiscal year of +$69,063,298.57. The estimated expenditures during the next fiscal year, +ending June 30, 1860, are $73,139,147.46, which leaves a deficit of +estimated means, compared with the estimated expenditures, for that year, +commencing on July 1, 1859, of $4,075,848.89. + +In addition to this sum the Postmaster-General will require from the +Treasury for the service of the Post-Office Department $3,838,728, as +explained in the report of the Secretary of the Treasury, which will +increase the estimated deficit on June 30, 1860, to $7,914,576.89. To +provide for the payment of this estimated deficiency, which will be +increased by such appropriations as may be made by Congress not estimated +for in the report of the Treasury Department, as well as to provide for the +gradual redemption from year to year of the outstanding Treasury notes, the +Secretary of the Treasury recommends such a revision of the present tariff +as will raise the required amount. After what I have already said I need +scarcely add that I concur in the opinion expressed in his report--that the +public debt should not be increased by an additional loan--and would +therefore strongly urge upon Congress the duty of making at their present +session the necessary provision for meeting these liabilities. + +The public debt on July 1, 1858, the commencement of the present fiscal +year, was $25,155,977.66. + +During the first quarter of the present year the sum of $10,000,000 has +been negotiated of the loan authorized by the act of June 14, 1858, making +the present outstanding public debt, exclusive of Treasury notes, +$35,155,977.66. There was on the 1st of July, 1858, of Treasury notes +issued by authority of the act of December 23, 1857, unredeemed, the sum of +$19,754,800, making the amount of actual indebtedness at that date +$54,910,777.66. To this will be added $10,000,000 during the present fiscal +year, this being the remaining half of the loan of $20,000,000 not yet +negotiated. + +The rapid increase of the public debt and the necessity which exists for a +modification of the tariff to meet even the ordinary expenses of the +Government ought to admonish us all, in our respective spheres of duty, to +the practice of rigid economy. The objects of expenditure should be limited +in number, as far as this may be practicable, and the appropriations +necessary to carry them into effect ought to be disbursed under the +strictest accountability. Enlightened economy does not consist in the +refusal to appropriate money for constitutional purposes essential to the +defense, progress, and prosperity of the Republic, but in taking care that +none of this money shall be wasted by mismanagement in its application to +the objects designated by law. + +Comparisons between the annual expenditure at the present time and what it +was ten or twenty years ago are altogether fallacious. The rapid increase +of our country in extent and population renders a corresponding increase of +expenditure to some extent unavoidable. This is constantly creating new +objects of expenditure and augmenting the amount required for the old. The +true questions, then, are, Have these objects been unnecessarily +multiplied, or has the amount expended upon any or all of them been larger +than comports with due economy? In accordance with these principles, the +heads of the different Executive Departments of the Government have been +instructed to reduce their estimates for the next fiscal year to the lowest +standard consistent with the efficiency of the service, and this duty they +have performed in a spirit of just economy. The estimates of the Treasury, +War, Navy, and Interior Departments have each been in some degree reduced, +and unless a sudden and unforeseen emergency should arise it is not +anticipated that a deficiency will exist in either within the present or +the next fiscal year. The Post-Office Department is placed in a peculiar +position, different from the other Departments, and to this I shall +hereafter refer. + +I invite Congress to institute a rigid scrutiny to ascertain whether the +expenses in all the Departments can not be still further reduced, and I +promise them all the aid in my power in pursuing the investigation. + +I transmit herewith the reports made to me by the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. They each contain +valuable information and important recommendations, to which I invite the +attention of Congress. + +In my last annual message I took occasion to recommend the immediate +construction of ten small steamers of light draft, for the purpose of +increasing the efficiency of the Navy. Congress responded to the +recommendation by authorizing the construction of eight of them. The +progress which has been made in executing this authority is stated in the +report of the Secretary of the Navy. I concur with him in the opinion that +a greater number of this class of vessels is necessary for the purpose of +protecting in a more efficient manner the persons and property of American +citizens on the high seas and in foreign countries, as well as in guarding +more effectually our own coasts. I accordingly recommend the passage of an +act for this purpose. + +The suggestions contained in the report of the Secretary of the Interior, +especially those in regard to the disposition of the public domain, the +pension and bounty-land system, the policy toward the Indians, and the +amendment of our patent laws, are worthy of the serious consideration of +Congress. + +The Post-Office Department occupies a position very different from that of +the other Departments. For many years it was the policy of the Government +to render this a self-sustaining Department; and if this can not now be +accomplished, in the present condition of the country, we ought to make as +near an approach to it as may be practicable. + +The Postmaster-General is placed in a most embarrassing position by the +existing laws. He is obliged to carry these into effect. He has no other +alternative. He finds, however, that this can not be done without heavy +demands upon the Treasury over and above what is received for postage, and +these have been progressively increasing from year to year until they +amounted for the last fiscal year, ending on the 30th of June, 1858, to +more than $4,500,000, whilst it is estimated that for the present fiscal +year they will amount to $6,290,000. These sums are exclusive of the annual +appropriation of $700,000 for "compensation for the mail service performed +for the two Houses of Congress and the other Departments and officers of +the Government in the transmission of free matter." + +The cause of these large deficits is mainly attributable to the increased +expense of transporting the mails. In 1852 the sum paid for this service +was but a fraction above four millions and a quarter. Since that year it +has annually increased, until in 1858 it has reached more than eight +millions and a quarter, and for the service of 1859 it is estimated that it +will amount to more than $10,000,000. + +The receipts of the Post-Office Department can be made to approach or to +equal its expenditure only by means of the legislation of Congress. In +applying any remedy care should be taken that the people shall not be +deprived of the advantages which they are fairly entitled to enjoy from the +Post-Office Department. The principal remedies recommended to the +consideration of Congress by the Postmaster-General are to restore the +former rate of postage upon single letters to 5 cents; to substitute for +the franking privilege the delivery to those now entitled to enjoy it of +post-office stamps for their correspondence, and to direct the Department +in making contracts for the transportation of the mail to confine itself to +the payment of the sum necessary for this single purpose, without requiring +it to be transported in post coaches or carriages of any particular +description. Under the present system the expense to the Government is +greatly increased by requiring that the mail shall be carried in such +vehicles as will accommodate passengers. This will be done, without pay +from the Department, over all roads where the travel will remunerate the +contractors. + +These recommendations deserve the grave consideration of Congress. I would +again call your attention to the construction of a Pacific railroad. Time +and reflection have but served to confirm me in the truth and justice of +the observations which I made on this subject in my last annual message, to +which I beg leave respectfully to refer. + +It is freely admitted that it would be inexpedient for this Government to +exercise the power of constructing the Pacific railroad by its own +immediate agents. Such a policy would increase the patronage of the +Executive to a dangerous extent, and introduce a system of jobbing and +corruption which no vigilance on the part of Federal officials could either +prevent or detect. This can only be done by the keen eye and active and +careful supervision of individual and private interest. The construction of +this road ought therefore to be committed to companies incorporated by the +States or other agencies whose pecuniary interests would be directly +involved. Congress might then assist them in the work by grants of land or +of money, or both, under such conditions and restrictions as would secure +the transportation of troops and munitions of war free from any charge and +that of the United States mail at a fair and reasonable price. + +The progress of events since the commencement of your last session has +shown how soon difficulties disappear before a firm and determined +resolution. At that time such a road was deemed by wise and patriotic men +to be a visionary project. The great distance to be overcome and the +intervening mountains and deserts in the way were obstacles which, in the +opinion of many, could not be surmounted. Now, after the lapse of but a +single year, these obstacles, it has been discovered, are far less +formidable than they were supposed to be, and mail stages with passengers +now pass and repass regularly twice in each week, by a common wagon road, +between San Francisco and St. Louis and Memphis in less than twenty-five +days. The service has been as regularly performed as it was in former years +between New York and this city. + +Whilst disclaiming all authority to appropriate money for the construction +of this road, except that derived from the war-making power of the +Constitution, there are important collateral considerations urging us to +undertake the work as speedily as possible. The first and most momentous of +these is that such a road would be a powerful bond of union between the +States east and west of the Rocky Mountains. This is so self-evident as to +require no illustration. + +But again, in a commercial point of view, I consider this the great +question of the day. With the eastern front of our Republic stretching +along the Atlantic and its western front along the Pacific, if all the +parts should be united by a safe, easy, and rapid intercommunication we +must necessarily command a very large proportion of the trade both of +Europe and Asia. Our recent treaties with China and Japan will open these +rich and populous Empires to our commerce; and the history of the world +proves that the nation which has gained possession of the trade with +eastern Asia has always become wealthy and powerful. The peculiar +geographical position of California and our Pacific possessions invites +American capital and enterprise into this fruitful field. To reap the rich +harvest, however, it is an indispensable prerequisite that we shall first +have a railroad to convey and circulate its products throughout every +portion of the Union. Besides, such a railroad through our temperate +latitude, which would not be impeded by the frosts and snows of winter nor +by the tropical heats of summer, would attract to itself much of the travel +and the trade of all nations passing between Europe and Asia. + +On the 21st of August last Lieutenant J. N. Maffit, of the United States +brig Dolphin, captured the slaver Echo (formerly the Putnam, of New +Orleans) near Kay Verde, on the coast of Cuba, with more than 300 African +negroes on board. The prize, under the command of Lieutenant Bradford, of +the United States Navy, arrived at Charleston on the 27th August, when the +negroes, 306 in number, were delivered into the custody of the United +States marshal for the district of South Carolina. They were first placed +in Castle Pinckney, and afterwards in Fort Sumter, for safe-keeping, and +were detained there until the 19th September, when the survivors, 271 in +number, were delivered on board the United States steamer Niagara to be +transported to the coast of Africa under the charge of the agent of the +United States, pursuant to the provisions of the act of the 3d March, 1819, +"in addition to the acts prohibiting the slave trade." Under the second +section of this act the President is "authorized to make such regulations +and arrangements as he may deem expedient for the safe-keeping, support, +and removal beyond the limits of the United States of all such negroes, +mulattoes, or persons of color" captured by vessels of the United States as +may be delivered to the marshal of the district into which they are +brought, "and to appoint a proper person or persons residing upon the coast +of Africa as agent or agents for receiving the negroes, mulattoes, or +persons of color delivered from on board vessels seized in the prosecution +of the slave trade by commanders of United States armed vessels." + +A doubt immediately arose as to the true construction of this act. It is +quite clear from its terms that the President was authorized to provide +"for the safe-keeping, support, and removal" of these negroes up till the +time of their delivery to the agent on the coast of Africa, but no express +provision was made for their protection and support after they had reached +the place of their destination. Still, an agent was to be pointed to +receive them in Africa, and it could not have been supposed that Congress +intended he should desert them at the moment they were received and turn +them loose on that inhospitable coast to perish for want of food or to +become again the victims of the slave trade. Had this been the intention of +Congress, the employment of an agent to receive them, who is required to +reside on the coast, was unnecessary, and they might have been landed by +our vessels anywhere in Africa and left exposed to the sufferings and the +fate which would certainly await them. + +Mr. Monroe, in his special message of December 17, 1819, at the first +session after the act was passed, announced to Congress what in his opinion +was its true construction. He believed it to be his duty under it to follow +these unfortunates into Africa and make provision for them there until they +should be able to provide for themselves. In communicating this +interpretation of the act to Congress he stated that some doubt had been +entertained as to its true intent and meaning, and he submitted the +question to them so that they might, "should it be deemed advisable, amend +the same before further proceedings are had under it." Nothing was done by +Congress to explain the act, and Mr. Monroe proceeded to carry it into +execution according to his own interpretation. This, then, became the +practical construction. When the Africans from on board the Echo were +delivered to the marshal at Charleston, it became my duty to consider what +disposition ought to be made of them under the law. For many reasons it was +expedient to remove them from that locality as speedily as possible. +Although the conduct of the authorities and citizens of Charleston in +giving countenance to the execution of the law was just what might have +been expected from their high character, yet a prolonged continuance of 300 +Africans in the immediate vicinity of that city could not have failed to +become a source of inconvenience and anxiety to its inhabitants. Where to +send them was the question. There was no portion of the coast of Africa to +which they could be removed with any regard to humanity except to Liberia. +Under these circumstances an agreement was entered into with the +Colonization Society on the 7th of September last, a copy of which is +herewith transmitted, under which the society engaged, for the +consideration of $45,000, to receive these Africans in Liberia from the +agent of the United States and furnish them during the period of one year +thereafter with comfortable shelter, clothing, provisions, and medical +attendance, causing the children to receive schooling, and all, whether +children or adults, to be instructed in the arts of civilized life suitable +to their condition. This aggregate of $45,000 was based upon an allowance +of $150 for each individual; and as there has been considerable mortality +among them and may be more before they reach Africa, the society have +agreed, in an equitable spirit, to make such a deduction from the amount as +under the circumstances may appear just and reasonable. This can not be +fixed until we shall ascertain the actual number which may become a charge +to the society. It was also distinctly agreed that under no circumstances +shall this Government be called upon for any additional expenses. The +agents of the society manifested a laudable desire to conform to the wishes +of the Government throughout the transaction. They assured me that after a +careful calculation they would be required to expend the sum of $150 on +each individual in complying with the agreement, and they would have +nothing left to remunerate them for their care, trouble, and +responsibility. At all events, I could make no better arrangement, and +there was no other alternative. During the period when the Government +itself, through its own agents, undertook the task of providing for +captured negroes in Africa the cost per head was very much greater. + +There having been no outstanding appropriation applicable to this purpose, +I could not advance any money on the agreement. I therefore recommend that +an appropriation may be made of the amount necessary to carry it into +effect. + +Other captures of a similar character may, and probably will, be made by +our naval forces, and I earnestly recommend that Congress may amend the +second section of the act of March 3, 1819, so as to free its construction +from the ambiguity which has so long existed and render the duty of the +President plain in executing its provisions. + +I recommend to your favorable regard the local interests of the District of +Columbia. As the residence of Congress and the Executive Departments of the +Government, we can not fail to feel a deep concern in its welfare. This is +heightened by the high character and the peaceful and orderly conduct of +its resident inhabitants. + +I can not conclude without performing the agreeable duty of expressing my +gratification that Congress so kindly responded to the recommendation of my +last annual message by affording me sufficient time before the close of +their late session for the examination of all the bills presented to me for +approval. This change in the practice of Congress has proved to be a +wholesome reform. It exerted a beneficial influence on the transaction of +legislative business and elicited the general approbation of the country. +It enabled Congress to adjourn with that dignity and deliberation so +becoming to the representatives of this great Republic, without having +crowded into general appropriation bills provisions foreign to their nature +and of doubtful constitutionality and expediency. Let me warmly and +strongly commend this precedent established by themselves as a guide to +their proceedings during the present session. + +*** + +State of the Union Address +James Buchanan +December 19, 1859 + +Fellow-Citizens of the Senate and House of Representatives: + +Our deep and heartfelt gratitude is due to that Almighty Power which has +bestowed upon us such varied and numerous blessings throughout the past +year. The general health of the country has been excellent, our harvests +have been unusually plentiful, and prosperity smiles throughout the land. +Indeed, notwithstanding our demerits, we have much reason to believe from +the past events in our history that we have enjoyed the special protection +of Divine Providence ever since our origin as a nation. We have been +exposed to many threatening and alarming difficulties in our progress, but +on each successive occasion the impending cloud has been dissipated at the +moment it appeared ready to burst upon our head, and the danger to our +institutions has passed away. May we ever be under the divine guidance and +protection. Whilst it is the duty of the President "from time to time to +give to Congress information of the state of the Union," I shall not refer +in detail to the recent sad and bloody occurrences at Harpers Ferry. Still, +it is proper to observe that these events, however bad and cruel in +themselves, derive their chief importance from the apprehension that they +are but symptoms of an incurable disease in the public mind, which may +break out in still more dangerous outrages and terminate at last in an open +war by the North to abolish slavery in the South. Whilst for myself I +entertain no such apprehension, they ought to afford a solemn warning to us +all to beware of the approach of danger. Our Union is a stake of such +inestimable value as to demand our constant and watchful vigilance for its +preservation. In this view, let me implore my countrymen, North and South, +to cultivate the ancient feelings of mutual forbearance and good will +toward each other and strive to allay the demon spirit of sectional hatred +and strife now alive in the land. This advice proceeds from the heart of an +old public functionary whose service commenced in the last generation, +among the wise and conservative statesmen of that day, now nearly all +passed away, and whose first and dearest earthly wish is to leave his +country tranquil, prosperous, united, and powerful. + +We ought to reflect that in this age, and especially in this country, there +is an incessant flux and reflux of public opinion. Questions which in their +day assumed a most threatening aspect have now nearly gone from the memory +of men. They are "volcanoes burnt out, and on the lava and ashes and +squalid scoria of old eruptions grow the peaceful olive, the cheering vine, +and the sustaining corn." Such, in my opinion, will prove to be the fate of +the present sectional excitement should those who wisely seek to apply the +remedy continue always to confine their efforts within the pale of the +Constitution. If this course be pursued, the existing agitation on the +subject of domestic slavery, like everything human, will have its day and +give place to other and less threatening controversies. Public opinion in +this country is all-powerful, and when it reaches a dangerous excess upon +any question the good sense of the people will furnish the corrective and +bring it back within safe limits. Still, to hasten this auspicious result +at the present crisis we ought to remember that every rational creature +must be presumed to intend the natural consequences of his own teachings. +Those who announce abstract doctrines subversive of the Constitution and +the Union must not be surprised should their heated partisans advance one +step further and attempt by violence to carry these doctrines into +practical effect. In this view of the subject, it ought never to be +forgotten that however great may have been the political advantages +resulting from the Union to every portion of our common country, these +would all prove to be as nothing should the time ever arrive when they can +not be enjoyed without serious danger to the personal safety of the people +of fifteen members of the Confederacy. If the peace of the domestic +fireside throughout these States should ever be invaded, if the mothers of +families within this extensive region should not be able to retire to rest +at night without suffering dreadful apprehensions of what may be their own +fate and that of their children before the morning, it would be vain to +recount to such a people the political benefits which result to them from +the Union. Self-preservation is the first instinct of nature, and therefore +any state of society in which the sword is all the time suspended over the +heads of the people must at last become intolerable. But I indulge in no +such gloomy forebodings. On the contrary, I firmly believe that the events +at Harpers Ferry, by causing the people to pause and reflect upon the +possible peril to their cherished institutions, will be the means under +Providence of allaying the existing excitement and preventing further +outbreaks of a similar character. They will resolve that the Constitution +and the Union shall not be endangered by rash counsels, knowing that should +"the silver cord be loosed or the golden bowl be broken at the fountain" +human power could never reunite the scattered and hostile fragments. + +I cordially congratulate you upon the final settlement by the Supreme Court +of the United States of the question of slavery in the Territories, which +had presented an aspect so truly formidable at the commencement of my +Administration. The right has been established of every citizen to take his +property of any kind, including slaves, into the common Territories +belonging equally to all the States of the Confederacy, and to have it +protected there under the Federal Constitution. Neither Congress nor a +Territorial legislature nor any human power has any authority to annul or +impair this vested right. The supreme judicial tribunal of the country, +which is a coordinate branch of the Government, has sanctioned and affirmed +these principles of constitutional law, so manifestly just in themselves +and so well calculated to promote peace and harmony among the States. It is +a striking proof of the sense of justice which is inherent in our people +that the property in slaves has never been disturbed, to my knowledge, in +any of the Territories. Even throughout the late troubles in Kansas there +has not been any attempt, as I am credibly informed, to interfere in a +single instance with the right of the master. Had any such attempt been +made, the judiciary would doubtless have afforded an adequate remedy. +Should they fail to do this hereafter, it will then be time enough to +strengthen their hands by further legislation. Had it been decided that +either Congress or the Territorial legislature possess the power to annul +or impair the right to property in slaves, the evil would be intolerable. +In the latter event there would be a struggle for a majority of the members +of the legislature at each successive election, and the sacred rights of +property held under the Federal Constitution would depend for the time +being on the result. The agitation would thus be rendered incessant whilst +the Territorial condition remained, and its baneful influence would keep +alive a dangerous excitement among the people of the several States. + +Thus has the status of a Territory during the intermediate period from its +first settlement until it shall become a State been irrevocably fixed by +the final decision of the Supreme Court. Fortunate has this been for the +prosperity of the Territories, as well as the tranquillity of the States. +Now emigrants from the North and the South, the East and the West, will +meet in the Territories on a common platform, having brought with them that +species of property best adapted, in their own opinion, to promote their +welfare. From natural causes the slavery question will in each case soon +virtually settle itself, and before the Territory is prepared for admission +as a State into the Union this decision, one way or the other, will have +been a foregone conclusion. Meanwhile the settlement of the new Territory +will proceed without serious interruption, and its progress and prosperity +will not be endangered or retarded by violent political struggles. + +When in the progress of events the inhabitants of any Territory shall have +reached the number required to form a State, they will then proceed in a +regular manner and in the exercise of the rights of popular sovereignty to +form a constitution preparatory to admission into the Union. After this has +been done, to employ the language of the Kansas and Nebraska act, they +"shall be received into the Union with or without slavery, as their +constitution may prescribe at the time of their admission." This sound +principle has happily been recognized in some form or other by an almost +unanimous vote of both Houses of the last Congress. + +All lawful means at my command have been employed, and shall continue to be +employed, to execute the laws against the African slave trade. After a most +careful and rigorous examination of our coasts and a thorough investigation +of the subject, we have not been able to discover that any slaves have been +imported into the United States except the cargo by the Wanderer, numbering +between three and four hundred. Those engaged in this unlawful enterprise +have been rigorously prosecuted, but not with as much success as their +crimes have deserved. A number of them are still under prosecution. + +Our history proves that the fathers of the Republic, in advance of all +other nations, condemned the African slave trade. It was, notwithstanding, +deemed expedient by the framers of the Constitution to deprive Congress of +the power to prohibit "the migration or importation of such persons as any +of the States now existing shall think proper to admit" "prior to the year +1808." It will be seen that this restriction on the power of Congress was +confined to such States only as might think proper to admit the importation +of slaves. It did not extend to other States or to the trade carried on +abroad. Accordingly, we find that so early as the 22d March, 1794, Congress +passed an act imposing severe penalties and punishments upon citizens and +residents of the United States who should engage in this trade between +foreign nations. The provisions of this act were extended and enforced by +the act of 10th May, 1800. + +Again, the States themselves had a clear right to waive the constitutional +privilege intended for their benefit, and to prohibit by their own laws +this trade at any time they thought proper previous to 1808. Several of +them exercised this right before that period, and among them some +containing the greatest number of slaves. This gave to Congress the +immediate power to act in regard to all such States, because they +themselves had removed the constitutional barrier. Congress accordingly +passed an act on 28th February, 1803, "to prevent the importation of +certain persons into certain States where by the laws thereof their +admission is prohibited." In this manner the importation of African slaves +into the United States was to a great extent prohibited some years in +advance of 1808. + +As the year 1808 approached Congress determined not to suffer this trade to +exist even for a single day after they had the power to abolish it. On the +2d of March, 1807, they passed an act, to take effect "from and after the +1st day of January, 1808," prohibiting the importation of African slaves +into the United States. This was followed by subsequent acts of a similar +character, to which I need not specially refer. Such were the principles +and such the practice of our ancestors more than fifty years ago in regard +to the African slave trade. It did not occur to the revered patriots who +had been delegates to the Convention, and afterwards became members of +Congress, that in passing these laws they had violated the Constitution +which they had framed with so much care and deliberation. They supposed +that to prohibit Congress in express terms from exercising a specified +power before an appointed day necessarily involved the right to exercise +this power after that day had arrived. + +If this were not the case, the framers of the Constitution had expended +much labor in vain. Had they imagined that Congress would possess no power +to prohibit the trade either before or after 1808, they would not have +taken so much care to protect the States against the exercise of this power +before that period. Nay, more, they would not have attached such vast +importance to this provision as to have excluded it from the possibility of +future repeal or amendment, to which other portions of the Constitution +were exposed. It would, then, have been wholly unnecessary to ingraft on +the fifth article of the Constitution, prescribing the mode of its own +future amendment, the proviso "that no amendment which may be made prior to +the year 1808 shall in any manner affect" the provision in the Constitution +securing to the States the right to admit the importation of African slaves +previous to that period. According to the adverse construction, the clause +itself, on which so much care and discussion had been employed by the +members of the Convention, was an absolute nullity from the beginning, and +all that has since been done under it a mere usurpation. + +It was well and wise to confer this power on Congress, because had it been +left to the States its efficient exercise would have been impossible. In +that event any one State could have effectually continued the trade, not +only for itself, but for all the other slave States, though never so much +against their will. And why? Because African slaves, when once brought +within the limits of any one State in accordance with its laws, can not +practically be excluded from any State where slavery exists. And even if +all the States had separately passed laws prohibiting the importation of +slaves, these laws would have failed of effect for want of a naval force to +capture the slavers and to guard the coast. Such a force no State can +employ in time of peace without the consent of Congress. + +These acts of Congress, it is believed, have, with very rare and +insignificant exceptions, accomplished their purpose. For a period of more +than half a century there has been no perceptible addition to the number of +our domestic slaves. During this period their advancement in civilization +has far surpassed that of any other portion of the African race. The light +and the blessings of Christianity have been extended to them, and both +their moral and physical condition has been greatly improved. + +Reopen the trade and it would be difficult to determine whether the effect +would be more deleterious on the interests of the master or on those of the +native-born slave. Of the evils to the master, the one most to be dreaded +would be the introduction of wild, heathen, and ignorant barbarians among +the sober, orderly, and quiet slaves whose ancestors have been on the soil +for several generations. This might tend to barbarize, demoralize, and +exasperate the whole mass and produce most deplorable consequences. + +The effect upon the existing slave would, if possible, be still more +deplorable. At present he is treated with kindness and humanity. He is well +fed, well clothed, and not overworked. His condition is incomparably better +than that of the coolies which modern nations of high civilization have +employed as a substitute for African slaves. Both the philanthropy and the +self-interest of the master have combined to produce this humane result. +But let this trade be reopened and what will be the effect? The same to a +considerable extent as on a neighboring island, the only spot now on earth +where the African slave trade is openly tolerated, and this in defiance of +solemn treaties with a power abundantly able at any moment to enforce their +execution. There the master, intent upon present gain, extorts from the +slave as much labor as his physical powers are capable of enduring, knowing +that when death comes to his relief his place can be supplied at a price +reduced to the lowest point by the competition of rival African slave +traders. Should this ever be the case in our country, which I do not deem +possible, the present useful character of the domestic institution, wherein +those too old and too young to work are provided for with care and humanity +and those capable of labor are not overtasked, would undergo an unfortunate +change. The feeling of reciprocal dependence and attachment which now +exists between master and slave would be converted into mutual distrust and +hostility. + +But we are obliged as a Christian and moral nation to consider what would +be the effect upon unhappy Africa itself if we should reopen the slave +trade. This would give the trade an impulse and extension which it has +never had, even in its palmiest days. The numerous victims required to +supply it would convert the whole slave coast into a perfect pandemonium, +for which this country would be held responsible in the eyes both of God +and man. Its petty tribes would then be constantly engaged in predatory +wars against each other for the purpose of seizing slaves to supply the +American market. All hopes of African civilization would thus be ended. + +On the other hand, when a market for African slaves shall no longer be +furnished in Cuba, and thus all the world be closed against this trade,we +may then indulge a reasonable hope for the gradual improvement of Africa. +The chief motive of war among the tribes will cease whenever there is no +longer any demand for slaves. The resources of that fertile but miserable +country might then be developed by the hand of industry and afford subjects +for legitimate foreign and domestic commerce. In this manner Christianity +and civilization may gradually penetrate the existing gloom. + +The wisdom of the course pursued by this Government toward China has been +vindicated by the event. Whilst we sustained a neutral position in the war +waged by Great Britain and France against the Chinese Empire, our late +minister, in obedience to his instructions, judiciously cooperated with the +ministers of these powers in all peaceful measures to secure by treaty the +just concessions demanded by the interests of foreign commerce. The result +is that satisfactory treaties have been concluded with China by the +respective ministers of the United States, Great Britain, France, and +Russia. Our "treaty, or general convention, of peace, amity, and commerce" +with that Empire was concluded at Tien-tsin on the 18th June, 1858, and was +ratified by the President, by and with the advice and consent of the +Senate, on the 21st December following. On the 15th December, 1858, John E. +Ward, a distinguished citizen of Georgia, was duly commissioned as envoy +extraordinary and minister plenipotentiary to China. + +He left the United States for the place of his destination on the 5th of +February, 1859, bearing with him the ratified copy of this treaty, and +arrived at Shanghai on the 28th May. From thence he proceeded to Peking on +the 16th June, but did not arrive in that city until the 27th July. +According to the terms of the treaty, the ratifications were to be +exchanged on or before the 18th June, 1859. This was rendered impossible by +reasons and events beyond his control, not necessary to detail; but still +it is due to the Chinese authorities at Shanghai to state that they always +assured him no advantage should be taken of the delay, and this pledge has +been faithfully redeemed. + +On the arrival of Mr. Ward at Peking he requested an audience of the +Emperor to present his letter of credence. This he did not obtain, in +consequence of his very proper refusal to submit to the humiliating +ceremonies required by the etiquette of this strange people in approaching +their sovereign. Nevertheless, the interviews on this question were +conducted in the most friendly spirit and with all due regard to his +personal feelings and the honor of his country. When a presentation to His +Majesty was found to be impossible, the letter of credence from the +President was received with peculiar honors by Kweiliang, "the Emperor's +prime minister and the second man in the Empire to the Emperor himself." +The ratifications of the treaty were afterwards, on the 16th of August, +exchanged in proper form at Peit-sang. As the exchange did not take place +until after the day prescribed by the treaty, it is deemed proper before +its publication again to submit it to the Senate. It is but simple justice +to the Chinese authorities to observe that throughout the whole transaction +they appear to have acted in good faith and in a friendly spirit toward the +United States. It is true this has been done after their own peculiar +fashion; but we ought to regard with a lenient eye the ancient customs of +an empire dating back for thousands of years, so far as this may be +consistent with our own national honor. The conduct of our minister on the +occasion has received my entire approbation. + +In order to carry out the spirit of this treaty and to give it full effect +it became necessary to conclude two supplemental conventions, the one for +the adjustment and satisfaction of the claims of our citizens and the other +to fix the tariff on imports and exports and to regulate the transit duties +and trade of our merchants with China. This duty was satisfactorily +performed by our late minister. These conventions bear date at Shanghai on +the 8th November, 1858. Having been considered in the light of binding +agreements subsidiary to the principal treaty, and to be carried into +execution without delay, they do not provide for any formal ratification or +exchange of ratifications by the contracting parties. This was not deemed +necessary by the Chinese, who are already proceeding in good faith to +satisfy the claims of our citizens and, it is hoped, to carry out the other +provisions of the conventions. Still, I thought it was proper to submit +them to the Senate by which they were ratified on the 3d of March, 1859. +The ratified copies, however, did not reach Shanghai until after the +departure of our minister to Peking, and these conventions could not, +therefore, be exchanged at the same time with the principal treaty. No +doubt is entertained that they will be ratified and exchanged by the +Chinese Government should this be thought advisable; but under the +circumstances presented I shall consider them binding engagements from +their date on both parties, and cause them to be published as such for the +information and guidance of our merchants trading with the Chinese Empire. + +It affords me much satisfaction to inform you that all our difficulties +with the Republic of Paraguay have been satisfactorily adjusted. It happily +did not become necessary to employ the force for this purpose which +Congress had placed at my command under the joint resolution of 2d June, +1858. On the contrary, the President of that Republic, in a friendly +spirit, acceded promptly to the just and reasonable demands of the +Government of the United States. Our commissioner arrived at Assumption, +the capital of the Republic, on the 25th of January, 1859, and left it on +the 17th of February, having in three weeks ably and successfully +accomplished all the objects of his mission. The treaties which he has +concluded will be immediately submitted to the Senate. + +In the view that the employment of other than peaceful means might become +necessary to obtain "just satisfaction" from Paraguay, a strong naval force +was concentrated in the waters of the La Plata to await contingencies +whilst our commissioner ascended the rivers to Assumption. The Navy +Department is entitled to great credit for the promptness, efficiency, and +economy with which this expedition was fitted out and conducted. It +consisted of 19 armed vessels, great and small, carrying 200 guns and 2,500 +men, all under the command of the veteran and gallant Shubrick. The entire +expenses of the expedition have been defrayed out of the ordinary +appropriations for the naval service, except the sum of $289,000, applied +to the purchase of seven of the steamers constituting a part of it, under +the authority of the naval appropriation act of the 3d March last. It is +believed that these steamers are worth more than their cost, and they are +all now usefully and actively employed in the naval service. + +The appearance of so large a force, fitted out in such a prompt manner, in +the far-distant waters of the La Plata, and the admirable conduct of the +officers and men employed in it, have had a happy effect in favor of our +country throughout all that remote portion of the world. Our relations with +the great Empires of France and Russia, as well as with all other +governments on the continent of Europe, unless we may except that of Spain, +happily continue to be of the most friendly character. In my last annual +message I presented a statement of the unsatisfactory condition of our +relations with Spain, and I regret to say that this has not materially +improved. + +Without special reference to other claims, even the "Cuban claims," the +payment of which has been ably urged by our ministers, and in which more +than a hundred of our citizens are directly interested, remain unsatisfied, +notwithstanding both their justice and their amount ($128,635.54) had been +recognized and ascertained by the Spanish Government itself. + +I again recommend that an appropriation be made "to be paid to the Spanish +Government for the purpose of distribution among the claimants in the +Amistad case." In common with two of my predecessors, I entertain no doubt +that this is required by our treaty with Spain of the 27th October, 1795. +The failure to discharge this obligation has been employed by the cabinet +of Madrid as a reason against the settlement of our claims. + +I need not repeat the arguments which I urged in my last annual message in +favor of the acquisition of Cuba by fair purchase. My opinions on that +measure remain unchanged. I therefore again invite the serious attention of +Congress to this important subject. Without a recognition of this policy on +their part it will be almost impossible to institute negotiations with any +reasonable prospect of success. Until a recent period there was good reason +to believe that I should be able to announce to you on the present occasion +that our difficulties with Great Britain arising out of the Clayton and +Bulwer treaty had been finally adjusted in a manner alike honorable and +satisfactory to both parties. From causes, however, which the British +Government had not anticipated, they have not yet completed treaty +arrangements with the Republics of Honduras and Nicaragua, in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished. + +Whilst indulging the hope that no other subject remained which could +disturb the good understanding between the two countries, the question +arising out of the adverse claims of the parties to the island of San Juan, +under the Oregon treaty of the 15th June, 1846, suddenly assumed a +threatening prominence. In order to prevent unfortunate collisions on that +remote frontier, the late Secretary of State, on the 17th July, 1855, +addressed a note to Mr. Crampton, then British minister at Washington, +communicating to him a copy of the instructions which he (Mr. Marcy) had +given on the 14th July to Governor Stevens, of Washington Territory, having +a special reference to an "apprehended conflict between our citizens and +the British subjects on the island of San Juan." To prevent this the +governor was instructed "that the officers of the Territory should abstain +from all acts on the disputed grounds which are calculated to provoke any +conflicts, so far as it can be done without implying the concession to the +authorities of Great Britain of an exclusive right over the premises. The +title ought to be settled before either party should attempt to exclude the +other by force or exercise complete and exclusive sovereign rights within +the fairly disputed limits." In acknowledging the receipt on the next day +of Mr. Marcy's note the British minister expressed his entire concurrence +"in the propriety of the course recommended to the governor of Washington +Territory by your [Mr. Marcy's] instructions to that officer," and stating +that he had "lost no time in transmitting a copy of that document to the +Governor-General of British North America" and had "earnestly recommended +to His Excellency to take such measures as to him may appear best +calculated to secure on the part of the British local authorities and the +inhabitants of the neighborhood of the line in question the exercise of the +same spirit of forbearance which is inculcated by you [Mr. Marcy] on the +authorities and citizens of the United States." + +Thus matters remained upon the faith of this arrangement until the 9th July +last, when General Harney paid a visit to the island. He found upon it +twenty-five American residents with their families, and also an +establishment of the Hudsons Bay Company for the purpose of raising sheep. +A short time before his arrival one of these residents had shot an animal +belonging to the company whilst trespassing upon his premises, for which, +however, he offered to pay twice its value, but that was refused. Soon +after "the chief factor of the company at Victoria, Mr. Dalles, son-in-law +of Governor Douglas, came to the island in the British sloop of war +Satellite and threatened to take this American [Mr. Cutler] by force to +Victoria to answer for the trespass he had committed. The American seized +his rifle and told Mr. Dalles if any such attempt was made he would kill +him upon the spot. The affair then ended." + +Under these circumstances the American settlers presented a petition to the +General "through the United States inspector of customs, Mr. Hubbs, to +place a force upon the island to protect them from the Indians as well as +the oppressive interference of the authorities of the Hudsons Bay Company +at Victoria with their rights as American citizens." The General +immediately responded to this petition, and ordered Captain George E. +Pickett, Ninth Infantry, "to establish his company on Bellevue, or San Juan +Island, on some suitable position near the harbor at the southeastern +extremity." This order was promptly obeyed and a military post was +established at the place designated. The force was afterwards increased, so +that by the last return the whole number of troops then on the island +amounted in the aggregate to 691 men. + +Whilst I do not deem it proper on the present occasion to go further into +the subject and discuss the weight which ought to be attached to the +statements of the British colonial authorities contesting the accuracy of +the information on which the gallant General acted, it was due to him that +I should thus present his own reasons for issuing the order to Captain +Pickett. From these it is quite clear his object was to prevent the British +authorities on Vancouvers Island from exercising jurisdiction over American +residents on the island of San Juan, as well as to protect them against the +incursions of the Indians. Much excitement prevailed for some time +throughout that region, and serious danger of collision between the parties +was apprehended. The British had a large naval force in the vicinity, and +it is but an act of simple justice to the admiral on that station to state +that he wisely and discreetly forbore to commit any hostile act, but +determined to refer the whole affair to his Government and await their +instructions. + +This aspect of the matter, in my opinion, demanded serious attention. It +would have been a great calamity for both nations had they been +precipitated into acts of hostility, not on the question of title to the +island, but merely concerning what should be its condition during the +intervening period whilst the two Governments might be employed in settling +the question to which of them it belongs. For this reason +Lieutenant-General Scott was dispatched, on the 17th of September last, to +Washington Territory to take immediate command of the United States forces +on the Pacific Coast, should he deem this necessary. The main object of his +mission was to carry out the spirit of the precautionary arrangement +between the late Secretary of State and the British minister, and thus to +preserve the peace and prevent collision between the British and American +authorities pending the negotiations between the two Governments. +Entertaining no doubt of the validity of our title, I need scarcely add +that in any event American citizens were to be placed on a footing at least +as favorable as that of British subjects, it being understood that Captain +Pickett's company should remain on the island. It is proper to observe +that, considering the distance from the scene of action and in ignorance of +what might have transpired on the spot before the General's arrival, it was +necessary to leave much to his discretion; and I am happy to state the +event has proven that this discretion could not have been intrusted to more +competent hands. General Scott has recently returned from his mission, +having successfully accomplished its objects, and there is no longer any +good reason to apprehend a collision between the forces of the two +countries during the pendency of the existing negotiations. I regret to +inform you that there has been no improvement in the affairs of Mexico +since my last annual message, and I am again obliged to ask the earnest +attention of Congress to the unhappy condition of that Republic. + +The constituent Congress of Mexico, which adjourned on the 17th February, +1857, adopted a constitution and provided for a popular election. This took +place in the following July (1857), and General Comonfort was chosen +President almost without opposition. At the same election a new Congress +was chosen, whose first session commenced on the 16th of September (1857). +By the constitution of 1857 the Presidential term was to begin on the 1st +of December (1857) and continue for four years. On that day General +Comonfort appeared before the assembled Congress in the City of Mexico, +took the oath to support the new constitution, and was duly inaugurated as +President. Within a month afterwards he had been driven from the capital +and a military rebellion had assigned the supreme power of the Republic to +General Zuloaga. The constitution provided that in the absence of the +President his office should devolve upon the chief justice of the supreme +court; and General Comonfort having left the country, this functionary, +General Juarez, proceeded to form at Guanajuato a constitutional +Government. Before this was officially known, however, at the capital the +Government of Zuloaga had been recognized by the entire diplomatic corps, +including the minister of the United States, as the de facto Government of +Mexico. The constitutional President, nevertheless, maintained his position +with firmness, and was soon established, with his cabinet, at Vera Cruz. +Meanwhile the Government of Zuloaga was earnestly resisted in many parts of +the Republic, and even in the capital, a portion of the army having +pronounced against it, its functions were declared terminated, and an +assembly of citizens was invited for the choice of a new President. This +assembly elected General Miramort, but that officer repudiated the plan +under which he was chosen, and Zuloaga was thus restored to his previous +position. He assumed it, however, only to withdraw from it; and Miramon, +having become by his appointment "President substitute," continues with +that title at the head of the insurgent party. + +In my last annual message I communicated to Congress the circumstances +under which the late minister of the United States suspended his official +relations with the central Government and withdrew from the country. It was +impossible to maintain friendly intercourse with a government like that at +the capital, under whose usurped authority wrongs were constantly +committed, but never redressed. Had this been an established government, +with its power extending by the consent of the people over the whole of +Mexico, a resort to hostilities against it would have been quite +justifiable, and, indeed, necessary. But the country was a prey to civil +war, and it was hoped that the success of the constitutional President +might lead to a condition of things less injurious to the United States. +This success became so probable that in January last I employed a reliable +agent to visit Mexico and report to me the actual condition and prospects +of the contending parties. In consequence of his report and from +information which reached me from other sources favorable to the prospects +of the constitutional cause, I felt justified in appointing a new minister +to Mexico, who might embrace the earliest suitable opportunity of restoring +our diplomatic relations with that Republic. For this purpose a +distinguished citizen of Maryland was selected, who proceeded on his +mission on the 8th of March last, with discretionary authority to recognize +the Government of President Juarez if on his arrival in Mexico he should +find it entitled to such recognition according to the established practice +of the United States. + +On the 7th of April following Mr. McLane presented his credentials to +President Juarez, having no hesitation "in pronouncing the Government of +Juarez to be the only existing government of the Republic." He was +cordially received by the authorities at Vera Cruz, and they have ever +since manifested the most friendly disposition toward the United States. + +Unhappily, however, the constitutional Government has not been able to +establish its power over the whole Republic. It is supported by a large +majority of the people and the States, but there are important parts of the +country where it can enforce no obedience. + +General Miramon maintains himself at the capital, and in some of the +distant Provinces there are military governors who pay little respect to +the decrees of either Government. In the meantime the excesses which always +attend upon civil war, especially in Mexico, are constantly recurring. +Outrages of the worst description are committed both upon persons and +property. There is scarcely any form of injury which has not been suffered +by our citizens in Mexico during the last few years. We have been nominally +at peace with that Republic, but "so far as the interests of our commerce, +or of our citizens who have visited the country as merchants, shipmasters, +or in other capacities, are concerned, we might as well have been at war." +Life has been insecure, property unprotected, and trade impossible except +at a risk of loss which prudent men can not be expected to incur. Important +contracts, involving large expenditures, entered into by the central +Government, have been set at defiance by the local governments. Peaceful +American residents, occupying their rightful possessions, have been +suddenly expelled the country, in defiance of treaties and by the mere +force of arbitrary power. Even the course of justice has not been safe from +control, and a recent decree of Miramort permits the intervention of +Government in all suits where either party is a foreigner. Vessels of the +United States have been seized without law, and a consular officer who +protested against such seizure has been fined and imprisoned for disrespect +to the authorities. Military contributions have been levied in violation of +every principle of right, and the American who resisted the lawless demand +has had his property forcibly taken away and has been himself banished. +From a conflict of authority in different parts of the country tariff +duties which have been paid in one place have been exacted over again in +another place. Large numbers of our citizens have been arrested and +imprisoned without any form of examination or any opportunity for a +hearing, and even when released have only obtained their liberty after much +suffering and injury, and without any hope of redress. The wholesale +massacre of Crabbe and his associates without trial in Sonora, as well as +the seizure and murder of four sick Americans who had taken shelter in the +house of an American upon the soil of the United States, was communicated +to Congress at its last session. Murders of a still more atrocious +character have been committed in the very heart of Mexico, under the +authority of Miramon's Government, during the present year. Some of these +were only worthy of a barbarous age, and if they had not been dearly proven +would have seemed impossible in a country which claims to be civilized. Of +this description was the brutal massacre in April last, by order of General +Marquez, of three American physicians who were seized in the hospital at +Tacubaya while attending upon the sick and the dying of both parties, and +without trial, as without crime, were hurried away to speedy execution. +Little less shocking was the recent fate of Ormond Chase, who was shot in +Tepic on the 7th of August by order of the same Mexican general, not only +without a trial, but without any conjecture by his friends of the cause of +his arrest. He is represented as a young man of good character and +intelligence, who had made numerous friends in Tepic by the courage and +humanity which he had displayed on several trying occasions; and his death +was as unexpected as it was shocking to the whole community. Other outrages +might be enumerated, but these are sufficient to illustrate the wretched +state of the country and the unprotected condition of the persons and +property of our citizens in Mexico. + +In all these cases our ministers have been constant and faithful in their +demands for redress, but both they and this Government, which they have +successively represented, have been wholly powerless to make their demands +effective. Their testimony in this respect and in reference to the only +remedy which in their judgments would meet the exigency has been both +uniform and emphatic. "Nothing but a manifestation of the power of the +Government of the United States," wrote our late minister in 1856, "and of +its purpose to punish these wrongs will avail. I assure you that the +universal belief here is that there is nothing to be apprehended from the +Government of the United States, and that local Mexican officials can +commit these outrages upon American citizens with absolute impunity." "I +hope the President," wrote our present minister in August last, "will feel +authorized to ask from Congress the power to enter Mexico with the military +forces of the United States at the call of the constitutional authorities, +in order to protect the citizens and the treaty rights of the United +States. Unless such a power is conferred upon him, neither the one nor the +other will be respected in the existing state of anarchy and disorder, and +the outrages already perpetrated will never be chastised; and, as I assured +you in my No. 23, all these evils must increase until every vestige of +order and government disappears from the country." I have been reluctantly +led to the same opinion, and in justice to my countrymen who have suffered +wrongs from Mexico and who may still suffer them I feel bound to announce +this conclusion to Congress. + +The case presented, however, is not merely a case of individual claims, +although our just claims against Mexico have reached a very large amount; +nor is it merely the case of protection to the lives and property of the +few Americans who may still remain in Mexico, although the life and +property of every American citizen ought to be sacredly protected in every +quarter of the world; but it is a question which relates to the future as +well as to the present and the past, and which involves, indirectly at +least, the whole subject of our duty to Mexico as a neighboring State. The +exercise of the power of the United States in that country to redress the +wrongs and protect the rights of our own citizens is none the less to be +desired because efficient and necessary aid may thus be rendered at the +same time to restore peace and order to Mexico itself. In the +accomplishment of this result the people of the United States must +necessarily feel a deep and earnest interest. Mexico ought to be a rich and +prosperous and powerful Republic. She possesses an extensive territory, a +fertile soil, and an incalculable store of mineral wealth. She occupies an +important position between the Gulf and the ocean for transit routes and +for commerce. Is it possible that such a country as this can be given up to +anarchy and ruin without an effort from any quarter for its rescue and its +safety? Will the commercial nations of the world, which have so many +interests connected with it, remain wholly indifferent to such a result? +Can the United States especially, which ought to share most largely in its +commercial intercourse, allow their immediate neighbor thus to destroy +itself and injure them? Yet without support from some quarter it is +impossible to perceive how Mexico can resume her position among nations and +enter upon a career which promises any good results. The aid which she +requires, and which the interests of all commercial countries require that +she should have, it belongs to this Government to render, not only by +virtue of our neighborhood to Mexico, along whose territory we have a +continuous frontier of nearly a thousand miles, but by virtue also of our +established policy, which is inconsistent with the intervention of any +European power in the domestic concerns of that Republic. + +The wrongs which we have suffered from Mexico are before the world and must +deeply impress every American citizen. A government which is either unable +or unwilling to redress such wrongs is derelict to its highest duties. The +difficulty consists in selecting and enforcing the remedy. We may in vain +apply to the constitutional Government at Vera Cruz, although it is well +disposed to do us justice, for adequate redress. Whilst its authority is +acknowledged in all the important ports and throughout the seacoasts of the +Republic, its power does not extend to the City of Mexico and the States in +its vicinity, where nearly all the recent outrages have been committed on +American citizens. We must penetrate into the interior before we can reach +the offenders, and this can only be done by passing through the territory +in the occupation of the constitutional Government. The most acceptable and +least difficult mode of accomplishing the object will be to act in concert +with that Government. Their consent and their aid might, I believe, be +obtained; but if not, our obligation to protect our own citizens in their +just rights secured by treaty would not be the less imperative. For these +reasons I recommend to Congress to pass a law authorizing the President +under such conditions as they may deem expedient, to employ a sufficient +military force to enter Mexico for the purpose of obtaining indemnity for +the past and security for the future. I purposely refrain from any +suggestion as to whether this force shall consist of regular troops or +volunteers, or both. This question may be most appropriately left to the +decision of Congress. I would merely observe that should volunteers be +selected such a force could be easily raised in this country among those +who sympathize with the sufferings of our unfortunate fellow-citizens in +Mexico and with the unhappy condition of that Republic. Such an accession +to the forces of the constitutional Government would enable it soon to +reach the City of Mexico and extend its power over the whole Republic. In +that event there is no reason to doubt that the just claims of our citizens +would be satisfied and adequate redress obtained for the injuries inflicted +upon them. The constitutional Government have ever evinced a strong desire +to do justice, and this might be secured in advance by a preliminary +treaty. + +It may be said that these measures will, at least indirectly, be +inconsistent with our wise and settled policy not to interfere in the +domestic concerns of foreign nations. But does not the present case fairly +constitute an exception? An adjoining Republic is in a state of anarchy and +confusion from which she has proved wholly unable to extricate herself. She +is entirely destitute of the power to maintain peace upon her borders or to +prevent the incursions of banditti into our territory. In her fate and in +her fortune, in her power to establish and maintain a settled government, +we have a far deeper interest, socially, commercially, and politically, +than any other nation. She is now a wreck upon the ocean, drifting about as +she is impelled by different factions. As a good neighbor, shall we not +extend to her a helping hand to save her? If we do not, it would not be +surprising should some other nation undertake the task, and thus force us +to interfere at last, under circumstances of increased difficulty, for the +maintenance of our established policy. + +I repeat the recommendation contained in my last annual message that +authority may be given to the President to establish one or more temporary +military posts across the Mexican line in Sonora and Chihuahua, where these +may be necessary to protect the lives and property of American and Mexican +citizens against the incursions and depredations of the Indians, as well as +of lawless rovers, on that remote region. The establishment of one such +post at a point called Arispe, in Sonora, in a country now almost +depopulated by the hostile inroads of the Indians from our side of the +line, would, it is believed, have prevented much injury and many cruelties +during the past season. A state of lawlessness and violence prevails on +that distant frontier. Life and property are there wholly insecure. The +population of Arizona, now numbering more than 10,000 souls, are +practically destitute of government, of laws, or of any regular +administration of justice. Murder, rapine, and other crimes are committed +with impunity. I therefore again call the attention of Congress to the +necessity for establishing a Territorial government over Arizona. + +The treaty with Nicaragua of the 16th of February, 1857, to which I +referred in my last annual message, failed to receive the ratification of +the Government of that Republic, for reasons which I need not enumerate. A +similar treaty has been since concluded between the parties, bearing date +on the 16th March, 1859, which has already been ratified by the Nicaraguan +Congress. This will be immediately submitted to the Senate for their +ratification. Its provisions can not, I think, fail to be acceptable to the +people of both countries. + +Our claims against the Governments of Costa Rica and Nicaragua remain +unredressed, though they are pressed in an earnest manner and not without +hope of success. + +I deem it to be my duty once more earnestly to recommend to Congress the +passage of a law authorizing the President to employ the naval force at his +command for the purpose of protecting the lives and property of American +citizens passing in transit across the Panama, Nicaragua, and Tehuantepec +routes against sudden and lawless outbreaks and depredations. I shall not +repeat the arguments employed in former messages in support of this +measure. Suffice it to say that the lives of many of our people and the +security of vast amounts of treasure passing and repassing over one or more +of these routes between the Atlantic and Pacific may be deeply involved in +the action of Congress on this subject. + +I would also again recommend to Congress that authority be given to the +President to employ the naval force to protect American merchant vessels, +their crews and cargoes, against violent and lawless seizure and +confiscation in the ports of Mexico and the Spanish American States when +these countries may be in a disturbed and revolutionary condition. The mere +knowledge that such an authority had been conferred, as I have already +stated, would of itself in a great degree prevent the evil. Neither would +this require any additional appropriation for the naval service. + +The chief objection urged against the grant of this authority is that +Congress by conferring it would violate the Constitution; that it would be +a transfer of the war-making, or, strictly speaking, the war-declaring, +power to the Executive. If this were well rounded, it would, of course, be +conclusive. A very brief examination, however, will place this objection at +rest. + +Congress possess the sole and exclusive power under the Constitution "to +declare war." They alone can"raise and support armies" and "provide and +maintain a navy." But after Congress shall have declared war and provided +the force necessary to carry it on the President, as Commander in Chief of +the Army and Navy, can alone employ this force in making war against the +enemy. This is the plain language, and history proves that it was the +well-known intention of the framers, of the Constitution. + +It will not be denied that the general "power to declare war" is without +limitation and embraces within itself not only what writers on the law of +nations term a public or perfect war, but also an imperfect war, and, in +short, every species of hostility, however confined or limited. Without the +authority of Congress the President can not fire a hostile gun in any case +except to repel the attacks of an enemy. It will not be doubted that under +this power Congress could, if they thought proper, authorize the President +to employ the force at his command to seize a vessel belonging to an +American citizen which had been illegally and unjustly captured in a +foreign port and restore it to its owner. But can Congress only act after +the fact, after the mischief has been done? Have they no power to confer +upon the President the authority in advance to furnish instant redress +should such a case afterwards occur? Must they wait until the mischief has +been done, and can they apply the remedy only when it is too late? To +confer this authority to meet future cases under circumstances strictly +specified is as clearly within the war-declaring power as such an authority +conferred upon the President by act of Congress after the deed had been +done. In the progress of a great nation many exigencies must arise +imperatively requiring that Congress should authorize the President to act +promptly on certain conditions which may or may not afterwards arise. Our +history has already presented a number of such cases. I shall refer only to +the latest. Under the resolution of June 2, 1858, "for the adjustment of +difficulties with the Republic of Paraguay," the President is "authorized +to adopt such measures and use such force as in his judgment may be +necessary and advisable in the event of a refusal of just satisfaction by +the Government of Paraguay." "Just satisfaction" for what? For "the attack +on the United States steamer Water Witch" and "other matters referred to in +the annual message of the President." Here the power is expressly granted +upon the condition that the Government of Paraguay shall refuse to render +this "just satisfaction." In this and other similar cases Congress have +conferred upon the President power in advance to employ the Army and Navy +upon the happening of contingent future events; and this most certainly is +embraced within the power to declare war. + +Now, if this conditional and contingent power could be constitutionally +conferred upon the President in the case of Paraguay, why may it not be +conferred for the purpose of protecting the lives and property of American +citizens in the event that they may be violently and unlawfully attacked in +passing over the transit routes to and from California or assailed by the +seizure of their vessels in a foreign port? To deny this power is to render +the Navy in a great degree useless for the protection of the lives and +property of American citizens in countries where neither protection nor +redress can be otherwise obtained. + +The Thirty-fifth Congress terminated on the 3d of March, 1859, without +having passed the "act making appropriations for the service of the +Post-Office Department during the fiscal year ending the 30th of June, +1860," This act also contained an appropriation "to supply deficiencies in +the revenue of the Post-Office Department for the year ending 30th June, +1859." I believe this is the first instance since the origin of the Federal +Government, now more than seventy years ago, when any Congress went out of +existence without having passed all the general appropriation bills +necessary to carry on the Government until the regular period for the +meeting of a new Congress. This event imposed on the Executive a grave +responsibility. It presented a choice of evils. + +Had this omission of duty occurred at the first session of the last +Congress, the remedy would have been plain. I might then have instantly +recalled them to complete their work, and this without expense to the +Government. But on the 4th of March last there were fifteen of the +thirty-three States which had not elected any Representatives to the +present Congress. Had Congress been called together immediately, these +States would have been virtually disfranchised. If an intermediate period +had been selected, several of the States would have been compelled to hold +extra sessions of their legislatures, at great inconvenience and expense, +to provide for elections at an earlier day than that previously fixed by +law. In the regular course ten of these States would not elect until after +the beginning of August, and five of these ten not until October and +November. + +On the other hand, when I came to examine carefully the condition of the +Post-Office Department, I did not meet as many or as great difficulties as +I had apprehended. Had the bill which failed been confined to +appropriations for the fiscal year ending on the 30th June next, there +would have been no reason of pressing importance for the call of an extra +session. Nothing would become due on contracts (those with railroad +companies only excepted) for carrying the mail for the first quarter of the +present fiscal year, commencing on the 1st of July, until the 1st of +December--less than one week before the meeting of the present Congress. +The reason is that the mail contractors for this and the current year did +not complete their first quarter's service until the 30th September last, +and by the terms of their contracts sixty days more are allowed for the +settlement of their accounts before the Department could be called upon for +payment. + +The great difficulty and the great hardship consisted in the failure to +provide for the payment of the deficiency in the fiscal year ending the +30th June, 1859. The Department had entered into contracts, in obedience to +existing laws, for the service of that fiscal year, and the contractors +were fairly entitled to their compensation as it became due. The deficiency +as stated in the bill amounted to $3,838,728, but after a careful +settlement of all these accounts it has been ascertained that it amounts to +$4,296,009. With the scanty means at his command the Postmaster-General has +managed to pay that portion of this deficiency which occurred in the first +two quarters of the past fiscal year, ending on the 31st December last. In +the meantime the contractors themselves, under these trying circumstances, +have behaved in a manner worthy of all commendation. They had one resource +in the midst of their embarrassments. After the amount due to each of them +had been ascertained and finally settled according to law, this became a +specific debt of record against the United States, which enabled them to +borrow money on this unquestionable security. Still, they were obliged to +pay interest in consequence of the default of Congress, and on every +principle of justice ought to receive interest from the Government. This +interest should commence from the date when a warrant would have issued for +the payment of the principal had an appropriation been made for this +purpose. Calculated up to the 1st December, it will not exceed $96,660--a +sum not to be taken into account when contrasted with the great +difficulties and embarrassments of a public and private character, both to +the people and the States, which would have resulted from convening and +holding a special session of Congress. For these reasons I recommend the +passage of a bill at as early a day as may be practicable to provide for +the payment of the amount, with interest, due to these last-mentioned +contractors, as well as to make the necessary appropriations for the +service of the Post-Office Department for the current fiscal year. + +The failure to pass the Post-Office bill necessarily gives birth to serious +reflections. Congress, by refusing to pass the general appropriation bills +necessary to carry on the Government, may not only arrest its action, but +might even destroy its existence. The Army, the Navy, the judiciary, in +short, every department of the Government, can no longer perform their +functions if Congress refuse the money necessary for their support. If this +failure should teach the country the necessity of electing a full Congress +in sufficient time to enable the President to convene them in any +emergency, even immediately after the old Congress has expired, it will +have been productive of great good. In a time of sudden and alarming +danger, foreign or domestic, which all nations must expect to encounter in +their progress, the very salvation of our institutions may be staked upon +the assembling of Congress without delay. If under such circumstances the +President should find himself in the condition in which he was placed at +the close of the last Congress, with nearly half the States of the Union +destitute of representatives, the consequences might he disastrous. I +therefore recommend to Congress to carry into effect the provisions of the +Constitution on this subject, and to pass a law appointing some day +previous to the 4th March in each year of odd number for the election of +Representatives throughout all the States. They have already appointed a +day for the election of electors for President and Vice-President, and this +measure has been approved by the country. + +I would again express a most decided opinion in favor of the construction +of a Pacific railroad, for the reasons stated in my two last annual +messages. When I reflect upon what would be the defenseless condition of +our States and Territories west of the Rocky Mountains in case of a war +with a naval power sufficiently strong to interrupt all intercourse with +them by the routes across the Isthmus, I am still more convinced than ever +of the vast importance of this railroad. I have never doubted the +constitutional competency of Congress to provide for its construction, but +this exclusively under the war-making power. Besides, the Constitution +expressly requires as an imperative duty that "the United States shall +protect each of them [the States] against invasion." I am at a loss to +conceive how this protection can be afforded to California and Oregon +against such a naval power by any other means. I repeat the opinion +contained in my last annual message that it would be inexpedient for the +Government to undertake this great work by agents of its own appointment +and under its direct and exclusive control. This would increase the +patronage of the Executive to a dangerous extent and would foster a system +of jobbing and corruption which no vigilance on the part of Federal +officials could prevent. The construction of this road ought, therefore, to +be intrusted to incorporated companies or other agencies who would exercise +that active and vigilant supervision over it which can be inspired alone by +a sense of corporate and individual interest. I venture to assert that the +additional cost of transporting troops, munitions of war, and necessary +supplies for the Army across the vast intervening plains to our possessions +on the Pacific Coast would be greater in such a war than the whole amount +required to construct the road. And yet this resort would after all be +inadequate for their defense and protection. + +We have yet scarcely recovered from the habits of extravagant expenditure +produced by our overflowing Treasury during several years prior to the +commencement of my Administration. The financial reverses which we have +since experienced ought to teach us all to scrutinize our expenditures with +the greatest vigilance and to reduce them to the lowest possible point. The +Executive Departments of the Government have devoted themselves to the +accomplishment of this object with considerable success, as will appear +from their different reports and estimates. To these I invite the scrutiny +of Congress, for the purpose of reducing them still lower, if this be +practicable consistent with the great public interests of the country. In +aid of the policy of retrenchment, I pledge myself to examine closely the +bills appropriating lands or money, so that if any of these should +inadvertently pass both Houses, as must sometimes be the case, I may afford +them an opportunity for reconsideration. At the same time, we ought never +to forget that true public economy consists not in withholding the means +necessary to accomplish important national objects confided to us by the +Constitution, but in taking care that the money appropriated for these +purposes shall be faithfully and frugally expended. + +It will appear from the report of the Secretary of the Treasury that it is +extremely doubtful, to say the least, whether we shall be able to pass +through the present and the next fiscal year without providing additional +revenue. This can only be accomplished by strictly confining the +appropriations within the estimates of the different Departments, without +making an allowance for any additional expenditures which Congress may +think proper, in their discretion, to authorize, and without providing for +the redemption of any portion of the $20,000,000 of Treasury notes which +have been already issued. In the event of a deficiency, which I consider +probable, this ought never to be supplied by a resort to additional loans. +It would be a ruinous practice in the days of peace and prosperity to go on +increasing the national debt to meet the ordinary expenses of the +Government. This policy would cripple our resources and impair our credit +in case the existence of war should render it necessary to borrow money. +Should such a deficiency occur as I apprehend, I would recommend that the +necessary revenue be raised by an increase of our present duties on +imports. I need not repeat the opinions expressed in my last annual message +as to the best mode and manner of accomplishing this object, and shall now +merely observe that these have since undergone no change. The report of the +Secretary of the Treasury will explain in detail the operations of that +Department of the Government. The receipts into the Treasury from all +sources during the fiscal year ending June 30, 1859, including the loan +authorized by the act of June 14, 1858, and the issues of Treasury notes +authorized by existing laws, were $81,692,471.01, which sum, with the +balance of $6,398,316.10 remaining in the Treasury at the commencement of +that fiscal year, made an aggregate for the service of the year of +$88,090,787.11. + +The public expenditures during the fiscal year ending June 30, 1859, +amounted to $83,751,511.57. Of this sum $17,405,285.44 were applied to the +payment of interest on the public debt and the redemption of the issues of +Treasury notes. The expenditures for all other branches of the public +service during that fiscal year were therefore $66,346,226.13. The balance +remaining in the Treasury on the 1st July, 1859, being the commencement of +the present fiscal year, was $4,339,275.54. The receipts into the Treasury +during the first quarter of the present fiscal year, commencing July 1, +1859, were $20,618,865.85. Of this amount $3,821,300 was received on +account of the loan and the issue of Treasury notes, the amount of +$16,797,565.85 having been received during the quarter from the ordinary +sources of public revenue. The estimated receipts for the remaining three +quarters of the present fiscal year, to June 30, 1860, are $50,426,400. Of +this amount it is estimated that $5,756,400 will be received for Treasury +notes which may be reissued under the fifth section of the act of 3d March +last, and $1,170,000 on account of the loan authorized by the act of June +14, 1858, making $6,926,400 from these extraordinary sources, and +$43,500,000 from the ordinary sources of the public revenue, making an +aggregate, with the balance in the Treasury on the 1st July, 1859, of +$75,384,541.89 for the estimated means of the present fiscal year, ending +June 30, 1860. + +The expenditures during the first quarter of the present fiscal year were +$20,007,174.76. Four million six hundred and sixty-four thousand three +hundred and sixty-six dollars and seventy-six cents of this sum were +applied to the payment of interest on the public debt and the redemption of +the issues of Treasury notes, and the remainder, being $15,342,808, were +applied to ordinary expenditures during the quarter. The estimated +expenditures during the remaining three quarters, to June 30, 1860, are +$40,995,558.23, of which sum $2,886,621.34 are estimated for the interest +on the public debt. The ascertained and estimated expenditures for the +fiscal year ending June 30, 1860, on account of the public debt are +accordingly $7,550,988.10, and for the ordinary expenditures of the +Government $53,451,744.89, making an aggregate of $61,002,732.99, leaving +an estimated balance in the Treasury on June 30, 1860, of $14,381,808.40. + +The estimated receipts during the next fiscal year, ending June 30, 1861, +are $66,225,000, which, with the balance estimated, as before stated, as +remaining in the Treasury on the 30th June, 1860, will make an aggregate +for the service of the next fiscal year of $80,606,808.40. + +The estimated expenditures during the next fiscal year, ending 30th June, +1861, are $66,714,928.79. Of this amount $3,386,621.34 will be required to +pay the interest on the public debt, leaving the sum of $63,328,307.45 for +the estimated ordinary expenditures during the fiscal year ending 30th +June, 1861. Upon these estimates a balance will be left in the Treasury on +the 30th June, 1861, of $13,891,879.61. But this balance, as well as that +estimated to remain in the Treasury on the 1st July, 1860, will be reduced +by such appropriations as shall be made by law to carry into effect certain +Indian treaties during the present fiscal year, asked for by the Secretary +of the Interior, to the amount of $539,350; and upon the estimates of the +postmaster-General for the service of his Department the last fiscal year, +ending 30th June, 1859, amounting to $4,296,009, together with the further +estimate of that officer for the service of the present fiscal year, ending +30th June, 1860, being $5,526,324, making an aggregate of $10,361,683. + +Should these appropriations be made as requested by the proper Departments, +the balance in the Treasury on the 30th June, 1861, will not, it is +estimated, exceed $3,530,196.61. + +I transmit herewith the reports of the Secretaries of War, of the Navy, of +the Interior, and of the postmaster-General. They each contain valuable +information and important recommendations well worthy of the serious +consideration of Congress. It will appear from the report of the Secretary +of War that the Army expenditures have been materially reduced by a system +of rigid economy, which in his opinion offers every guaranty that the +reduction will be permanent. The estimates of the Department for the next +have been reduced nearly $2,000,000 below the estimates for the present +fiscal year and $500,000 below the amount granted for this year at the last +session of Congress. + +The expenditures of the Post-Office Department during the past fiscal year, +ending on the 30th June, 1859, exclusive of payments for mail service +specially provided for by Congress out of the general Treasury, amounted to +$14,964,493.33 and its receipts to $7,968,484.07, showing a deficiency to +be supplied from the Treasury of $6,996,009.26, against $5,235,677.15 for +the year ending 30th June, 1858. The increased cost of transportation, +growing out of the expansion of the service required by Congress, explains +this rapid augmentation of the expenditures. It is gratifying, however, to +observe an increase of receipts for the year ending on the 30th of June, +1859, equal to $481,691.21 compared with those in the year ending on the +30th June, 1858. + +It is estimated that the deficiency for the current fiscal year will be +$5,988,424.04, but that for the year ending 30th June, 1861, it will not +exceed $1,342,473.90 should Congress adopt the measures of reform proposed +and urged by the Postmaster-General. Since the month of March retrenchments +have been made in the expenditures amounting to $1,826,471 annually, which, +however, did not take effect until after the commencement of the present +fiscal year. The period seems to have arrived for determining the question +whether this Department shall become a permanent and ever-increasing charge +upon the Treasury, or shall be permitted to resume the self-sustaining +policy which had so long controlled its administration. The course of +legislation recommended by the Postmaster-General for the relief of the +Department from its present embarrassments and for restoring it to its +original independence is deserving of your early and earnest +consideration. + +In conclusion I would again commend to the just liberality of Congress the +local interests of the District of Columbia. Surely the city bearing the +name of Washington, and destined, I trust, for ages to be the capital of +our united, free, and prosperous Confederacy, has strong claims on our +favorable regard . + +*** + +State of the Union Address +James Buchanan +December 3, 1860 + +Fellow-Citizens of the Senate and House of Representatives: + +Throughout the year since our last meeting the country has been eminently +prosperous in all its material interests. The general health has been +excellent, our harvests have been abundant, and plenty smiles throughout +the laud. Our commerce and manufactures have been prosecuted with energy +and industry, and have yielded fair and ample returns. In short, no nation +in the tide of time has ever presented a spectacle of greater material +prosperity than we have done until within a very recent period. + +Why is it, then, that discontent now so extensively prevails, and the Union +of the States, which is the source of all these blessings, is threatened +with destruction? + +The long-continued and intemperate interference of the Northern people with +the question of slavery in the Southern States has at length produced its +natural effects. The different sections of the Union are now arrayed +against each other, and the time has arrived, so much dreaded by the Father +of his Country, when hostile geographical parties have been formed. + +I have long foreseen and often forewarned my countrymen of the now +impending danger. This does not proceed solely from the claim on the part +of Congress or the Territorial legislatures to exclude slavery from the +Territories, nor from the efforts of different States to defeat the +execution of the fugitive-slave law. All or any of these evils might have +been endured by the South without danger to the Union (as others have been) +in the hope that time and reflection might apply the remedy. The immediate +peril arises not so much from these causes as from the fact that the +incessant and violent agitation of the slavery question throughout the +North for the last quarter of a century has at length produced its malign +influence on the slaves and inspired them with vague notions of freedom. +Hence a sense of security no longer exists around the family altar. This +feeling of peace at home has given place to apprehensions of servile +insurrections. Many a matron throughout the South retires at night in dread +of what may befall herself and children before the morning. Should this +apprehension of domestic danger, whether real or imaginary, extend and +intensify itself until it shall pervade the masses of the Southern people, +then disunion will become inevitable. Self-preservation is the first law of +nature, and has been implanted in the heart of man by his Creator for the +wisest purpose; and no political union, however fraught with blessings and +benefits in all other respects, can long continue if the necessary +consequence be to render the homes and the firesides of nearly half the +parties to it habitually and hopelessly insecure. Sooner or later the bonds +of such a union must be severed. It is my conviction that this fatal period +has not yet arrived, and my prayer to God is that He would preserve the +Constitution and the Union throughout all generations. + +But let us take warning in time and remove the cause of danger. It can not +be denied that for five and twenty years the agitation at the North against +slavery has been incessant. In 1835 pictorial handbills and inflammatory +appeals were circulated extensively throughout the South of a character to +excite the passions of the slaves, and, in the language of General Jackson, +"to stimulate them to insurrection and produce all the horrors of a servile +war." This agitation has ever since been continued by the public press, by +the proceedings of State and county conventions and by abolition sermons +and lectures. The time of Congress has been occupied in violent speeches on +this never-ending subject, and appeals, in pamphlet and other forms, +indorsed by distinguished names, have been sent forth from this central +point and spread broadcast over the Union. + +How easy would it be for the American people to settle the slavery question +forever and to restore peace and harmony to this distracted country! They, +and they alone, can do it. All that is necessary to accomplish the object, +and all for which the slave States have ever contended, is to be let alone +and permitted to manage their domestic institutions in their own way. As +sovereign States, they, and they alone, are responsible before God and the +world for the slavery existing among them. For this the people of the North +are not more responsible and have no more fight to interfere than with +similar institutions in Russia or in Brazil. + +Upon their good sense and patriotic forbearance I confess I still greatly +rely. Without their aid it is beyond the power of any President, no matter +what may be his own political proclivities, to restore peace and harmony +among the States. Wisely limited and restrained as is his power under our +Constitution and laws, he alone can accomplish but little for good or for +evil on such a momentous question. + +And this brings me to observe that the election of any one of our +fellow-citizens to the office of President does not of itself afford just +cause for dissolving the Union. This is more especially true if his +election has been effected by a mere plurality, and not a majority of the +people, and has resulted from transient and temporary causes, which may +probably never again occur. In order to justify a resort to revolutionary +resistance, the Federal Government must be guilty of "a deliberate, +palpable, and dangerous exercise" of powers not granted by the +Constitution. + +The late Presidential election, however, has been held in strict conformity +with its express provisions. How, then, can the result justify a revolution +to destroy this very Constitution? Reason, justice, a regard for the +Constitution, all require that we shall wait for some overt and dangerous +act on the part of the President elect before resorting to such a remedy. +It is said, however, that the antecedents of the President-elect have been +sufficient to justify the fears of the South that he will attempt to invade +their constitutional rights. But are such apprehensions of contingent +danger in the future sufficient to justify the immediate destruction of the +noblest system of government ever devised by mortals? From the very nature +of his office and its high responsibilities he must necessarily be +conservative. The stern duty of administering the vast and complicated +concerns of this Government affords in itself a guaranty that he will not +attempt any violation of a clear constitutional right. + +After all, he is no more than the chief executive officer of the +Government. His province is not to make but to execute the laws. And it is +a remarkable fact in our history that, notwithstanding the repeated efforts +of the antislavery party, no single act has ever passed Congress, unless we +may possibly except the Missouri compromise, impairing in the slightest +degree the rights of the South to their property in slaves; and it may also +be observed, judging from present indications, that no probability exists +of the passage of such an act by a majority of both Houses, either in the +present or the next Congress. Surely under these circumstances we ought to +be restrained from present action by the precept of Him who spake as man +never spoke, that "sufficient unto the day is the evil thereof." The day of +evil may never come unless we shall rashly bring it upon ourselves. + +It is alleged as one cause for immediate secession that the Southern States +are denied equal rights with the other States in the common Territories. +But by what authority are these denied? Not by Congress, which has never +passed, and I believe never will pass, any act to exclude slavery from +these Territories; and certainly not by the Supreme Court, which has +solemnly decided that slaves are property, and, like all other property, +their owners have a right to take them into the common Territories and hold +them there under the protection of the Constitution. + +So far then, as Congress is concerned, the objection is not to anything +they have already done, but to what they may do hereafter. It will surely +be admitted that this apprehension of future danger is no good reason for +an immediate dissolution of the Union. It is true that the Territorial +legislature of Kansas, on the 23d February, 1860, passed in great haste an +act over the veto of the governor declaring that slavery "is and shall be +forever prohibited in this Territory." Such an act, however, plainly +violating the rights of property secured by the Constitution, will surely +be declared void by the judiciary whenever it shall be presented in a legal +form. + +Only three days after my inauguration the Supreme Court of the United +States solemnly adjudged that this power did not exist in a Territorial +legislature. Yet such has been the factious temper of the times that the +correctness of this decision has been extensively impugned before the +people, and the question has given rise to angry political conflicts +throughout the country. Those who have appealed from this judgment of our +highest constitutional tribunal to popular assemblies would, if they could, +invest a Territorial legislature with power to annul the sacred rights of +property. This power Congress is expressly forbidden by the Federal +Constitution to exercise. Every State legislature in the Union is forbidden +by its own constitution to exercise it. It can not be exercised in any +State except by the people in their highest sovereign capacity, when +framing or amending their State constitution. In like manner it can only be +exercised by the people of a Territory represented in a convention of +delegates for the purpose of framing a constitution preparatory to +admission as a State into the Union. Then, and not until then, are they +invested with power to decide the question whether slavery shall or shall +not exist within their limits. This is an act of sovereign authority, and +not of subordinate Territorial legislation. Were it otherwise, then indeed +would the equality of the States in the Territories be destroyed, and the +rights of property in slaves would depend not upon the guaranties of the +Constitution, but upon the shifting majorities of an irresponsible +Territorial legislature. Such a doctrine, from its intrinsic unsoundness, +can not long influence any considerable portion of our people, much less +can it afford a good reason for a dissolution of the Union. + +The most palpable violations of constitutional duty which have yet been +committed consist in the acts of different State legislatures to defeat the +execution of the fugitive-slave law. It ought to be remembered, however, +that for these acts neither Congress nor any President can justly be held +responsible. Having been passed in violation of the Federal Constitution, +they are therefore null and void. All the courts, both State and national, +before whom the question has arisen have from the beginning declared the +fugitive-slave law to be constitutional. The single exception is that of a +State court in Wisconsin, and this has not only been reversed by the proper +appellate tribunal, but has met with such universal reprobation that there +can be no danger from it as a precedent. The validity of this law has been +established over and over again by the Supreme Court of the United States +with perfect unanimity. It is rounded upon an express provision of the +Constitution, requiring that fugitive slaves who escape from service in one +State to another shall be "delivered up" to their masters. Without this +provision it is a well-known historical fact that the Constitution itself +could never have been adopted by the Convention. In one form or other, +under the acts of 1793 and 1850, both being substantially the same, the +fugitive-slave law has been the law of the land from the days of Washington +until the present moment. Here, then, a clear case is presented in which it +will be the duty of the next President, as it has been my own, to act with +vigor in executing this supreme law against the conflicting enactments of +State legislatures. Should he fail in the performance of this high duty, he +will then have manifested a disregard of the Constitution and laws, to the +great injury of the people of nearly one-half of the States of the Union. +But are we to presume in advance that he will thus violate his duty? This +would be at war with every principle of justice and of Christian charity. +Let us wait for the overt act. The fugitive-slave law has been carried into +execution in every contested case since the commencement of the present +Administration, though Often, it is to be regretted, with great loss and +inconvenience to the master and with considerable expense to the +Government. Let us trust that the State legislatures will repeal their +unconstitutional and obnoxious enactments. Unless this shall be done +without unnecessary delay, it is impossible for any human power to save the +Union. + +The Southern States, standing on the basis of the Constitution, have right +to demand this act of justice from the States of the North. Should it be +refused, then the Constitution, to which all the States are parties, will +have been willfully violated by one portion of them in a provision +essential to the domestic security and happiness of the remainder. In that +event the injured States, after having first used all peaceful and +constitutional means to obtain redress, would be justified in revolutionary +resistance to the Government of the Union. + +I have purposely confined my remarks to revolutionary resistance, because +it has been claimed within the last few years that any State, whenever this +shall be its sovereign will and pleasure, may secede from the Union in +accordance with the Constitution and without any violation of the +constitutional rights of the other members of the Confederacy; that as each +became parties to the Union by the vote of its own people assembled in +convention, so any one of them may retire from the Union in a similar +manner by the vote of such a convention. + +In order to justify secession as a constitutional remedy, it must be on the +principle that the Federal Government is a mere voluntary association of +States, to be dissolved at pleasure by any one of the contracting parties. +If this be so, the Confederacy is a rope of sand, to be penetrated and +dissolved by the first adverse wave of public opinion in any of the States. +In this manner our thirty-three States may resolve themselves into as many +petty, jarring, and hostile republics, each one retiring from the Union +without responsibility whenever any sudden excitement might impel them to +such a course. By this process a Union might be entirely broken into +fragments in a few weeks which cost our forefathers many years of toil, +privation, and blood to establish. + +Such a principle is wholly inconsistent with the history as well as the +character of the Federal Constitution. After it was framed with the +greatest deliberation and care it was submitted to conventions of the +people of the several States for ratification. Its provisions were +discussed at length in these bodies, composed of the first men of the +country. Its opponents contended that it conferred powers upon the Federal +Government dangerous to the rights of the States, whilst its advocates +maintained that under a fair construction of the instrument there was no +foundation for such apprehensions. In that mighty struggle between the +first intellects of this or any other country it never occurred to any +individual, either among its opponents or advocates, to assert or even to +intimate that their efforts were all vain labor, because the moment that +any State felt herself aggrieved she might secede from the Union. What a +crushing argument would this have proved against those who dreaded that the +rights of the States would be endangered by the Constitution! The truth is +that it was not until many years after the origin of the Federal Government +that such a proposition was first advanced. It was then met and refuted by +the conclusive arguments of General Jackson, who in his message of the 16th +of January, 1833, transmitting the nullifying ordinance of South Carolina +to Congress, employs the following language: + +The right of the people of a single State to absolve themselves at will and +without the consent of the other States from their most solemn obligations, +and hazard the liberties and happiness of the millions composing this +Union, can not be acknowledged. Such authority is believed to be utterly +repugnant both to the principles upon which the General Government is +constituted and to the objects which it is expressly formed to attain. + +It is not pretended that any clause in the Constitution gives countenance +to such a theory. It is altogether rounded upon inference; not from any +language contained in the instrument itself, but from the sovereign +character of the several States by which it was ratified. But is it beyond +the power of a State, like an individual, to yield a portion of its +sovereign rights to secure the remainder? In the language of Mr. Madison, +who has been called the father of the Constitution-- + +It was formed by the States; that is, by the people in each of the States +acting in their highest sovereign capacity, and formed, consequently, by +the same authority which formed the State constitutions. Nor is the +Government of the United States, created by the Constitution, less a +government, in the strict sense of the term, within the sphere of its +powers than the governments created by the constitutions of the States are +within their several spheres. It is, like them, organized into legislative, +executive, and judiciary departments. It operates, like them directly on +persons and things, and, like them, it has at command a physical force for +executing the powers committed to it. + +It was intended to be perpetual, and not to be annulled at the pleasure of +any one of the contracting parties. The old Articles of Confederation were +entitled "Articles of Confederation and Perpetual Union between the +States," and by the thirteenth article it is expressly declared that "the +articles of this Confederation shall be inviolably observed by every State, +and the Union shall be perpetual." The preamble to the Constitution of the +United States, having express reference to the Articles of Confederation, +recites that it was established "in order to form a more perfect union." +And yet it is contended that this "more perfect union" does not include the +essential attribute of perpetuity. + +But that the Union was designed to be perpetual appears conclusively from +the nature and extent of the powers conferred by the Constitution on the +Federal Government. These powers embrace the very highest attributes of +national sovereignty. They place both the sword and the purse under its +control. Congress has power to make war and to make peace, to raise and +support armies and navies, and to conclude treaties with foreign +governments. It is invested with the power to coin money and to regulate +the value thereof, and to regulate commerce with foreign nations and among +the several States. It is not necessary to enumerate the other high powers +which have been conferred upon the Federal Government. In order to carry +the enumerated powers into effect, Congress possesses the exclusive right +to lay and collect duties on imports, and, in common with the States, to +lay and collect all other taxes. + +But the Constitution has not only conferred these high powers upon +Congress, but it has adopted effectual means to restrain the States from +interfering with their exercise. For that purpose it has in strong +prohibitory language expressly declared that-- + +No State shall enter into any treaty, alliance, or confederation; grant +letters of marque and reprisal; coin money; emit bills of credit; make +anything but gold and silver coin a tender in payment of debts; pass any +bill of attainder, ex post facto law, or law impairing the obligation of +contracts. Moreover-- + +No State shall without the consent of the Congress lay any imposts or +duties on imports or exports, except what may be absolutely necessary for +executing its inspection laws. + +And if they exceed this amount the excess shall belong, to the United +States. And-- + +No State shall without the consent of Congress lay any duty of tonnage, +keep troops or ships of war in time of peace, enter into any agreement or +compact with another State or with a foreign power, or engage in war, +unless actually invaded or in such imminent danger as will not admit of +delay. + +In order still further to secure the uninterrupted exercise of these high +powers against State interposition, it is provided that-- + +This Constitution and the laws of the United States which shall be made in +pursuance thereof, and all treaties made or which shall be made under the +authority of the United States, shall be the supreme law of the land, and +the judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding. + +The solemn sanction of religion has been superadded to the obligations of +official duty, and all Senators and Representatives of the United States, +all members of State legislatures, and all executive and judicial officers, +"both of the United States and of the several States, shall be bound by +oath or affirmation to support this Constitution." + +In order to carry into effect these powers, the Constitution has +established a perfect Government in all its forms--legislative, executive, +and judicial; and this Government to the extent of its powers acts directly +upon the individual citizens of every State, and executes its own decrees +by the agency of its own officers. In this respect it differs entirely from +the Government under the old Confederation, which was confined to making +requisitions on the States in their sovereign character. This left it in +the discretion of each whether to obey or to refuse, and they often +declined to comply with such requisitions. It thus became necessary for the +purpose of removing this barrier and "in order to form a more perfect +union" to establish a Government which could act directly upon the people +and execute its own laws without the intermediate agency of the States. +This has been accomplished by the Constitution of the United States. In +short, the Government created by the Constitution, and deriving its +authority from the sovereign people of each of the several States, has +precisely the same right to exercise its power over the people of all these +States in in the enumerated cases that each one of them possesses over +subjects not delegated to the United States, but "reserved to the States +respectively or to the people." + +To the extent of the delegated powers the Constitution of the United States +is as much a part of the constitution of each State and is as binding upon +its people as though it had been textually inserted therein. + +This Government, therefore, is a great and powerful Government, invested +with all the attributes of sovereignty over the special subjects to which +its authority extends. Its framers never intended to implant in its bosom +the seeds of its own destruction, nor were they at its creation guilty of +the absurdity of providing for its own dissolution. It was not intended by +its framers to be the baseless fabric of a vision, which at the touch of +the enchanter would vanish into thin air, but a substantial and mighty +fabric, capable of resisting the slow decay of time and of defying the +storms of ages. Indeed, well may the jealous patriots of that day have +indulged fears that a Government of such high powers might violate the +reserved rights of the States, and wisely did they adopt the rule of a +strict construction of these powers to prevent the danger. But they did not +fear, nor had they any reason to imagine, that the Constitution would ever +be so interpreted as to enable any State by her own act, and without the +consent of her sister States, to discharge her people from all or any of +their federal obligations. + +It may be asked, then, Are the people of the States without redress against +the tyranny and oppression of the Federal Government? By no means. The +right of resistance on the part of the governed against the oppression of +their governments can not be denied. It exists independently of all +constitutions, and has been exercised at all periods of the world's +history. Under it old governments have been destroyed and new ones have +taken their place. It is embodied in strong and express language in our own +Declaration of Independence. But the distinction must ever be observed that +this is revolution against an established government, and not a voluntary +secession from it by virtue of an inherent constitutional right. In short, +let us look the danger fairly in the face. Secession is neither more nor +less than revolution. It may or it may not be a justifiable revolution, but +still it is revolution. + +What, in the meantime, is the responsibility and true position of the +Executive? He is bound by solemn oath, before God and the country, "to take +care that the laws be faithfully executed," and from this obligation he can +not be absolved by any human power. But what if the performance of this +duty, in whole or in part, has been rendered impracticable by events over +which he could have exercised no control? Such at the present moment is the +case throughout the State of South Carolina so far as the laws of the +United States to secure the administration of justice by means of the +Federal judiciary are concerned. All the Federal officers within its limits +through whose agency alone these laws can be carried into execution have +already resigned. We no longer have a district judge, a district attorney, +or a marshal in South Carolina. In fact, the whole machinery of the Federal +Government necessary for the distribution of remedial justice among the +people has been demolished, and it would be difficult, if not impossible, +to replace it. + +The only acts of Congress on the statute book bearing upon this subject are +those of February 28, 1795, and March 3, 1807. These authorize the +President, after he shall have ascertained that the marshal, with his posse +comitatus, is unable to execute civil or criminal process in any particular +case, to call forth the militia and employ the Army and Navy to aid him in +performing this service, having first by proclamation commanded the +insurgents "to disperse and retire peaceably to their respective abodes +within a limited time" This duty can not by possibility be performed in a +State where no judicial authority exists to issue process, and where there +is no marshal to execute it, and where, even if there were such an officer, +the entire population would constitute one solid combination to resist +him. + +The bare enumeration of these provisions proves how inadequate they are +without further legislation to overcome a united opposition in a single +State, not to speak of other States who may place themselves in a similar +attitude. Congress alone has power to decide whether the present laws can +or can not be amended so as to carry out more effectually the objects of +the Constitution. + +The same insuperable obstacles do not lie in the way of executing the laws +for the collection of the customs. The revenue still continues to be +collected as heretofore at the custom-house in Charleston, and should the +collector unfortunately resign a successor may be appointed to perform this +duty. + +Then, in regard to the property of the United States in South Carolina. +This has been purchased for a fair equivalent, "by the consent of the +legislature of the State," "for the erection of forts, magazines, +arsenals," etc., and over these the authority "to exercise exclusive +legislation" has been expressly granted by the Constitution to Congress. It +is not believed that any attempt will be made to expel the United States +from this property by force; but if in this I should prove to be mistaken, +the officer in command of the forts has received orders to act strictly on +the defensive. In such a contingency the responsibility for consequences +would rightfully rest upon the heads of the assailants. + +Apart from the execution of the laws, so far as this may be practicable, +the Executive has no authority to decide what shall be the relations +between the Federal Government and South Carolina. He has been invested +with no such discretion. He possesses no power to change the relations +heretofore existing between them, much less to acknowledge the independence +of that State. This would be to invest a mere executive officer with the +power of recognizing the dissolution of the confederacy among our +thirty-three sovereign States. It bears no resemblance to the recognition +of a foreign de facto government, involving no such responsibility. Any +attempt to do this would, on his part, be a naked act of usurpation. It is +therefore my duty to submit to Congress the whole question in all its +beatings. The course of events is so rapidly hastening forward that the +emergency may soon arise when you may be called upon to decide the +momentous question whether you possess the power by force of arms to compel +a State to remain in the Union. I should feel myself recreant to my duty +were I not to express an opinion on this important subject. + +The question fairly stated is, Has the Constitution delegated to Congress +the power to coerce a State into submission which is attempting to withdraw +or has actually withdrawn from the Confederacy? If answered in the +affirmative, it must be on the principle that the power has been conferred +upon Congress to declare and to make war against a State. After much +serious reflection I have arrived at the conclusion that no such power has +been delegated to Congress or to any other department of the Federal +Government. It is manifest upon an inspection of the Constitution that this +is not among the specific and enumerated powers granted to Congress, and it +is equally apparent that its exercise is not "necessary and proper for +carrying into execution" any one of these powers. So far from this power +having been delegated to Congress, it was expressly refused by the +Convention which framed the Constitution. + +It appears from the proceedings of that body that on the 31st May, 1787, +the clause "authorizing an exertion of the force of the whole against a +delinquent State" came up for consideration. Mr. Madison opposed it in a +brief but powerful speech, from which I shall extract but a single +sentence. He observed: + +The use of force against a State would look more like a declaration of war +than an infliction of punishment, and would probably be considered by the +party attacked as a dissolution of all previous compacts by which it might +be bound. + +Upon his motion the clause was unanimously postponed, and was never, I +believe, again presented. Soon afterwards, on the 8th June, 1787, when +incidentally adverting to the subject, he said: "Any government for the +United States formed on the supposed practicability of using force against +the unconstitutional proceedings of the States would prove as visionary and +fallacious as the government of Congress," evidently meaning the then +existing Congress of the old Confederation. + +Without descending to particulars, it may be safely asserted that the power +to make war against a State is at variance with the whole spirit and intent +of the Constitution. Suppose such a war should result in the conquest of a +State; how are we to govern it afterwards? Shall we hold it as a province +and govern it by despotic power? In the nature of things, we could not by +physical force control the will of the people and compel them to elect +Senators and Representatives to Congress and to perform all the other +duties depending upon their own volition and required from the free +citizens of a free State as a constituent member of the Confederacy. + +But if we possessed this power, would it be wise to exercise it under +existing circumstances? The object would doubtless be to preserve the +Union. War would not only present the most effectual means of destroying +it, but would vanish all hope of its peaceable reconstruction. Besides, in +the fraternal conflict a vast amount of blood and treasure would be +expended, rendering future reconciliation between the States impossible. In +the meantime, who can foretell what would be the sufferings and privations +of the people during its existence? + +The fact is that our Union rests upon public opinion, and can never be +cemented by the blood of its citizens shed in civil war. If it can not live +in the affections of the people, it must one day perish. Congress possesses +many means of preserving it by conciliation, but the sword was not placed +in their hand to preserve it by force. + +But may I be permitted solemnly to invoke my countrymen to pause and +deliberate before they determine to destroy this the grandest temple which +has ever been dedicated to human freedom since the world began? It has been +consecrated by the blood of our fathers, by the glories of the past, and by +the hopes of the future. The Union has already made us the most prosperous, +and ere long will, if preserved, render us the most powerful, nation on the +face of the earth. In every foreign region of the globe the title of +American citizen is held in the highest respect, and when pronounced in a +foreign land it causes the hearts of our countrymen to swell with honest +pride. Surely when we reach the brink of the yawning abyss we shall recoil +with horror from the last fatal plunge. + +By such a dread catastrophe the hopes of the friends of freedom throughout +the world would be destroyed, and a long night of leaden despotism would +enshroud the nations. Our example for more than eighty years would not only +be lost, but it would be quoted as a conclusive proof that man is unfit for +self-government. + +It is not every wrong--nay, it is not every grievous wrong--which can +justify a resort to such a fearful alternative. This ought to be the last +desperate remedy of a despairing people, after every other constitutional +means of conciliation had been exhausted. We should reflect that under this +free Government there is an incessant ebb and flow in public opinion. The +slavery question, like everything human, will have its day. I firmly +believe that it has reached and passed the culminating point. But if in the +midst of the existing excitement the Union shall perish, the evil may then +become irreparable. + +Congress can contribute much to avert it by proposing and recommending to +the legislatures of the several States the remedy for existing evils which +the Constitution has itself provided for its own preservation. This has +been tried at different critical periods of our history, and always with +eminent success. It is to be found in the fifth article, providing for its +own amendment. Under this article amendments have been proposed by +two-thirds of both Houses of Congress, and have been "ratified by the +legislatures of three-fourths of the several States," and have consequently +become parts of the Constitution. To this process the country is indebted +for the clause prohibiting Congress from passing any law respecting an +establishment of religion or abridging the freedom of speech or of the +press or of the right of petition. To this we are also indebted for the +bill of rights which secures the people against any abuse of power by the +Federal Government. Such were the apprehensions justly entertained by the +friends of State rights at that period as to have rendered it extremely +doubtful whether the Constitution could have long survived without those +amendments. + +Again the Constitution was amended by the same process, after the election +of President Jefferson by the House of Representatives, in February, 1803. +This amendment was rendered necessary to prevent a recurrence of the +dangers which had seriously threatened the existence of the Government +during the pendency of that election. The article for its own amendment was +intended to secure the amicable adjustment of conflicting constitutional +questions like the present which might arise between the governments of the +States and that of the United States. This appears from contemporaneous +history. In this connection I shall merely call attention to a few +sentences in Mr. Madison's justly celebrated report, in 1799, to the +legislature of Virginia. In this he ably and conclusively defended the +resolutions of the preceding legislature against the strictures of several +other State legislatures. These were mainly rounded upon the protest of the +Virginia legislature against the "alien and sedition acts," as "palpable +and alarming infractions of the Constitution." In pointing out the peaceful +and constitutional remedies--and he referred to none other--to which the +States were authorized to resort on such occasions, he concludes by saying +that-- + +The legislatures of the States might have made a direct representation to +Congress with a view to obtain a rescinding of the two offensive acts, or +they might have represented to their respective Senators in Congress their +wish that two-thirds thereof would propose an explanatory amendment to the +Constitution; or two-thirds of themselves, if such had been their option, +might by an application to Congress have obtained a convention for the same +object. + +This is the very course which I earnestly recommend in order to obtain an +"explanatory amendment" of the Constitution on the subject of slavery. This +might originate with Congress or the State legislatures, as may be deemed +most advisable to attain the object. The explanatory amendment might be +confined to the final settlement of the true construction of the +Constitution on three special points: + +1. An express recognition of the right of property in slaves in the States +where it now exists or may hereafter exist. + +2. The duty of protecting this right in all the common Territories +throughout their Territorial existence, and until they shall be admitted as +States into the Union, with or without slavery, as their constitutions may +prescribe. + +3. A like recognition of the right of the master to have his slave who has +escaped from one State to another restored and "delivered up" to him, and +of the validity of the fugitive-slave law enacted for this purpose, +together with a declaration that all State laws impairing or defeating this +right are violations of the Constitution, and are consequently null and +void. It may be objected that this construction of the Constitution has +already been settled by the Supreme Court of the United States, and what +more ought to be required? The answer is that a very large proportion of +the people of the United States still contest the correctness of this +decision, and never will cease from agitation and admit its binding force +until clearly established by the people of the several States in their +sovereign character. Such an explanatory amendment would, it is believed, +forever terminate the existing dissensions, and restore peace and harmony +among the States. + +It ought not to be doubted that such an appeal to the arbitrament +established by the Constitution itself would be received with favor by all +the States of the Confederacy. In any event, it ought to be tried in a +spirit of conciliation before any of these States shall separate themselves +from the Union. + +When I entered upon the duties of the Presidential office, the aspect +neither of our foreign nor domestic affairs was at all satisfactory. We +were involved in dangerous complications with several nations, and two of +our Territories were in a state of revolution against the Government. A +restoration of the African slave trade had numerous and powerful advocates. +Unlawful military expeditions were countenanced by many of our citizens, +and were suffered, in defiance of the efforts of the Government, to escape +from our shores for the purpose of making war upon the offending people of +neighboring republics with whom we were at peace. In addition to these and +other difficulties, we experienced a revulsion in monetary affairs soon +after my advent to power of unexampled severity and of ruinous consequences +to all the great interests of the country. When we take a retrospect of +what was then our condition and contrast this with its material prosperity +at the time of the late Presidential election, we have abundant reason to +return our grateful thanks to that merciful Providence which has never +forsaken us as a nation in all our past trials. + +Our relations with Great Britain are of the most friendly character. Since +the commencement of my Administration the two dangerous questions arising +from the Clayton and Bulwer treaty and from the right of search claimed by +the British Government have been amicably and honorably adjusted. + +The discordant constructions of the Clayton and Bulwer treaty between the +two Governments, which at different periods of the discussion bore a +threatening aspect, have resulted in a final settlement entirely +satisfactory to this Government. In my last annual message I informed +Congress that the British Government had not then "completed treaty +arrangements with the Republics of Honduras and Nicaragua in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished." +This confident expectation has since been fulfilled. Her Britannic Majesty +concluded a treaty with Honduras on the 28th November, 1859, and with +Nicaragua on the 28th August, 1860, relinquishing the Mosquito +protectorate. Besides, by the former the Bay Islands are recognized as a +part of the Republic of Honduras. It may be observed that the stipulations +of these treaties conform in every "important particular to the amendments +adopted by the Senate of the United States to the treaty concluded at +London on the 17th October, 1856, between the two Governments. It will be +recollected that this treaty was rejected by the British Government because +of its objection to the just and important amendment of the Senate to the +article relating to Ruatan and the other islands in the Bay of Honduras. + +It must be a source of sincere satisfaction to all classes of our +fellow-citizens, and especially to those engaged in foreign commerce, that +the claim on the part of Great Britain forcibly to visit and search +American merchant vessels on the high seas in time of peace has been +abandoned. This was by far the most dangerous question to the peace of the +two countries which has existed since the War of 1812. Whilst it remained +open they might at any moment have been precipitated into a war. This was +rendered manifest by the exasperated state of public feeling throughout our +entire country produced by the forcible search of American merchant vessels +by British cruisers on the coast of Cuba in the spring of 1858. The +American people hailed with general acclaim the orders of the Secretary of +the Navy to our naval force in the Gulf of Mexico "to protect all vessels +of the United States on the high seas from search or detention by the +vessels of war of any other nation." These orders might have produced an +immediate collision between the naval forces of the two countries. This was +most fortunately prevented by an appeal to the justice of Great Britain and +to the law of nations as expounded by her own most eminent jurists. + +The only question of any importance which still remains open is the +disputed title between the two Governments to the island of San Juan, in +the vicinity of Washington Territory. As this question is still under +negotiation, it is not deemed advisable at the present moment to make any +other allusion to the subject. + +The recent visit of the Prince of Wales, in a private character, to the +people of this country has proved to be a most auspicious event. In its +consequences it can not fail to increase the kindred and kindly feelings +which I trust may ever actuate the Government and people of both countries +in their political and social intercourse with each other. + +With France, our ancient and powerful ally, our relations continue to be of +the most friendly character. A decision has recently been made by a French +judicial tribunal, with the approbation of the Imperial Government, which +can not fail to foster the sentiments of mutual regard that have so long +existed between the two countries. Under the French law no person can serve +in the armies of France unless he be a French citizen. The law of France +recognizing the natural right of expatriation, it follows as a necessary +consequence that a Frenchman by the fact of having become a citizen of the +United States has changed his allegiance and has lost his native character. +He can not therefore be compelled to serve in the French armies in case he +should return to his native country. These principles were announced in +1852 by the French minister of war and in two late cases have been +confirmed by the French judiciary. In these, two natives of France have +been discharged from the French army because they had become American +citizens. To employ the language of our present minister to France, who has +rendered good service on this occasion. "I do not think our French +naturalized fellow-citizens will hereafter experience much annoyance on +this subject." + +I venture to predict that the time is not far distant when the other +continental powers will adopt the same wise and just policy which has done +so much honor to the enlightened Government of the Emperor. In any event, +our Government is bound to protect the rights of our naturalized citizens +everywhere to the same extent as though they had drawn their first breath +in this country. We can recognize no distinction between our native and +naturalized citizens. + +Between the great Empire of Russia and the United States the mutual +friendship and regard which has so long existed still continues to prevail, +and if possible to increase. Indeed, our relations with that Empire are all +that we could desire. Our relations with Spain are now of a more +complicated, though less dangerous, character than they have been for many +years. Our citizens have long held and continue to hold numerous claims +against the Spanish Government. These had been ably urged for a series of +years by our successive diplomatic representatives at Madrid, but without +obtaining redress. The Spanish Government finally agreed to institute a +joint commission for the adjustment of these claims, and on the 5th day of +March, 1860, concluded a convention for this purpose with our present +minister at Madrid. + +Under this convention what have been denominated the "Cuban claims," +amounting to $128,635.54, in which more than 100 of our fellow-citizens are +interested, were recognized, and the Spanish Government agreed to pay +$100,000 of this amount "within three months following the exchange of +ratifications." The payment of the remaining $28,635.54 was to await the +decision of the commissioners for or against the Amistad claim; but in any +event the balance was to be paid to the claimants either by Spain or the +United States. These terms, I have every reason to know, are highly +satisfactory to the holders of the Cuban claims. Indeed, they have made a +formal offer authorizing the State Department to settle these claims and to +deduct the amount of the Amistad claim from the sums which they are +entitled to receive from Spain. This offer, of course, can not be accepted. +All other claims of citizens of the United States against Spain, or the +subjects of the Queen of Spain against the United States, including the +Amistad claim, were by this convention referred to a board of commissioners +in the usual form. Neither the validity of the Amistad claim nor of any +other claim against either party, with the single exception of the Cuban +claims, was recognized by the convention. Indeed, the Spanish Government +did not insist that the validity of the Amistad claim should be thus +recognized, notwithstanding its payment had been recommended to Congress by +two of my predecessors, as well as by myself, and an appropriation for that +purpose had passed the Senate of the United States. + +They were content that it should be submitted to the board for examination +and decision like the other claims. Both Governments were bound +respectively to pay the amounts awarded to the several claimants "at such +times and places as may be fixed by and according to the tenor of said +awards." + +I transmitted this convention to the Senate for their constitutional action +on the 3d of May, 1860, and on the 27th of the succeeding June they +determined that they would "not advise and consent" to its ratification. + +These proceedings place our relations with Spain in an awkward and +embarrassing position. It is more than probable that the final adjustment +of these claims will devolve upon my successor. + +I reiterate the recommendation contained in my annual message of December, +1858, and repeated in that of December, 1859, in favor of the acquisition +of Cuba from Spain by fair purchase. I firmly believe that such an +acquisition would contribute essentially to the well-being and prosperity +of both countries in all future time, as well as prove the certain means of +immediately abolishing the African slave trade throughout the world. I +would not repeat this recommendation upon the present occasion if I +believed that the transfer of Cuba to the United States upon conditions +highly favorable to Spain could justly tarnish the national honor of the +proud and ancient Spanish monarchy. Surely no person ever attributed to the +first Napoleon a disregard of the national honor of France for transferring +Louisiana to the United States for a fair equivalent, both in money and +commercial advantages. + +With the Emperor of Austria and the remaining continental powers of Europe, +including that of the Sultan, our relations continue to be of the most +friendly character. + +The friendly and peaceful policy pursued by the Government of the United +States toward the Empire of China has produced the most satisfactory +results. The treaty of Tien-tsin of the 18th June, 1858, has been +faithfully observed by the Chinese authorities. The convention of the 8th +November, 1858, supplementary to this treaty, for the adjustment and +satisfaction of the claims of our citizens on China referred to in my last +annual message, has been already carried into effect so far as this was +practicable. Under this convention the sum of 500,000 taels, equal to about +$700,000, was stipulated to be paid in satisfaction of the claims of +American citizens out of the one-fifth of the receipts for tonnage, import, +and export duties on American vessels at the ports of Canton, Shanghai, and +Fuchau, and it was "agreed that this amount shall be in full liquidation of +all claims of American citizens at the various ports to this date." +Debentures for this amount, to wit, 300,000 taels for Canton, 100,000 for +Shanghai, and 100,000 for Fuchau, were delivered, according to the terms of +the convention, by the respective Chinese collectors of the customs of +these ports to the agent selected by our minister to receive the same. +Since that time the claims of our citizens have been adjusted by the board +of commissioners appointed for that purpose under the act of March 3, 1859, +and their awards, which proved satisfactory to the claimants, have been +approved by our minister. In the aggregate they amount to the sum of +$498,694.78. The claimants have already received a large proportion of the +sums awarded to them out of the fund provided, and it is confidently +expected that the remainder will ere long be entirely paid. After the +awards shall have been satisfied there will remain a surplus of more than +$200,000 at the disposition of Congress. As this will, in equity, belong to +the Chinese Government, would not justice require its appropriation to some +benevolent object in which the Chinese may be specially interested? + +Our minister to China, in obedience to his instructions, has remained +perfectly neutral in the war between Great Britain and France and the +Chinese Empire, although, in conjunction with the Russian minister, he was +ever ready and willing, had the opportunity offered, to employ his good +offices in restoring peace between the parties. It is but an act of simple +justice, both to our present minister and his predecessor, to state that +they have proved fully equal to the delicate, trying, and responsible +positions in which they have on different occasions been placed. + +The ratifications of the treaty with Japan concluded at Yeddo on the 29th +July, 1858, were exchanged at Washington on the 22d May last, and the +treaty itself was proclaimed on the succeeding day. There is good reason to +expect that under its protection and influence our trade and intercourse +with that distant and interesting people will rapidly increase. + +The ratifications of the treaty were exchanged with unusual solemnity. For +this purpose the Tycoon had accredited three of his most distinguished +subjects as envoys extraordinary and ministers plenipotentiary, who were +received and treated with marked distinction and kindness, both by the +Government and people of the United States. There is every reason to +believe that they have returned to their native land entirely satisfied +with their visit and inspired by the most friendly feelings for our +country. Let us ardently hope, in the language of the treaty itself, that +"there shall henceforward be perpetual peace and friendship between the +United States of America and His Majesty the Tycoon of Japan and his +successors." + +With the wise, conservative, and liberal Government of the Empire of Brazil +our relations continue to be of the most amicable character. + +The exchange of the ratifications of the convention with the Republic of +New Granada signed at Washington on the 10th of September, 1857, has been +long delayed from accidental causes for which neither party is censurable. +These ratifications were duly exchanged in this city on the 5th of November +last. Thus has a controversy been amicably terminated which had become so +serious at the period of my inauguration as to require me, on the 17th of +April, 1857, to direct our minister to demand his passports and return to +the United States. + +Under this convention the Government of New Granada has specially +acknowledged itself to be responsible to our citizens "for damages which +were caused by the riot at Panama on the 15th April, 1856." These claims, +together with other claims of our citizens which had been long urged in +vain, are referred for adjustment to a board of commissioners. I submit a +copy of the convention to Congress, and recommend the legislation necessary +to carry it into effect. + +Persevering efforts have been made for the adjustment of the claims of +American citizens against the Government of Costa Rica, and I am happy to +inform you that these have finally prevailed. A convention was signed at +the city of San Jose on the 2d July last, between the minister resident of +the United States in Costa Rica and the plenipotentiaries of that Republic, +referring these claims to a board of commissioners and providing for the +payment of their awards. This convention will be submitted immediately to +the Senate for their constitutional action. + +The claims of our citizens upon the Republic of Nicaragua have not yet been +provided for by treaty, although diligent efforts for this purpose have +been made by our minister resident to that Republic. These are still +continued, with a fair prospect of success. + +Our relations with Mexico remain in a most unsatisfactory condition. In my +last two annual messages I discussed extensively the subject of these +relations, and do not now propose to repeat at length the facts and +arguments then presented. They proved conclusively that our citizens +residing in Mexico and our merchants trading thereto had suffered a series +of wrongs and outrages such as we have never patiently borne from any other +nation. For these our successive ministers, invoking the faith of treaties, +had in the name of their country persistently demanded redress and +indemnification, but without the slightest effect. Indeed, so confident had +the Mexican authorities become of our patient endurance that they +universally believed they might commit these outrages upon American +citizens with absolute impunity. Thus wrote our minister in 1856, and +expressed the opinion that "nothing but a manifestation of the power of the +Government and of its purpose to punish these wrongs will avail." + +Afterwards, in 1857, came the adoption of a new constitution for Mexico, +the election of a President and Congress under its provisions, and the +inauguration of the President. Within one short month, however, this +President was expelled from the capital by a rebellion in the army, and the +supreme power of the Republic was assigned to General Zuloaga. This usurper +was in his turn soon compelled to retire and give place to General +Miramon. + +Under the constitution which had thus been adopted Senor Juarez, as chief +justice of the supreme court, became the lawful President of the Republic, +and it was for the maintenance of the constitution and his authority +derived from it that the civil war commenced and still continues to be +prosecuted. + +Throughout the year 1858 the constitutional party grew stronger and +stronger. In the previous history of Mexico a successful military +revolution at the capital had almost universally been the signal for +submission throughout the Republic. Not so on the present occasion. A +majority of the citizens persistently sustained the constitutional +Government. When this was recognized, in April, 1859, by the Government of +the United States, its authority extended over a large majority of the +Mexican States and people, including Vera Cruz and all the other important +seaports of the Republic. From that period our commerce with Mexico began +to revive, and the constitutional Government has afforded it all the +protection in its power. + +Meanwhile the Government of Miramon still held sway at the capital and over +the surrounding country, and continued its outrages against the few +American citizens who still had the courage to remain within its power. To +cap the climax, after the battle of Tacubaya, in April, 1859, General +Marquez ordered three citizens of the United States, two of them +physicians, to be seized in the hospital at that place, taken out and shot, +without crime and without trial. This was done, notwithstanding our +unfortunate countrymen were at the moment engaged in the holy cause of +affording relief to the soldiers of both parties who had been wounded in +the battle, without making any distinction between them. + +The time had arrived, in my opinion, when this Government was bound to +exert its power to avenge and redress the wrongs of our citizens and to +afford them protection in Mexico. The interposing obstacle was that the +portion of the country under the sway of Miramon could not be reached +without passing over territory under the jurisdiction of the constitutional +Government. Under these circumstances I deemed it my duty to recommend to +Congress in my last annual message the employment of a sufficient military +force to penetrate into the interior, where the Government of Miramon was +to be found, with or, if need be, without the consent of the Juarez +Government, though it was not doubted that this consent could be obtained. +Never have I had a clearer conviction on any subject than of the justice as +well as wisdom of such a policy. No other alternative was left except the +entire abandonment of our fellow-citizens who had gone to Mexico under the +faith of treaties to the systematic injustice, cruelty, and oppression of +Miramon's Government. Besides, it is almost certain that the simple +authority to employ this force would of itself have accomplished all our +objects without striking a single blow. The constitutional Government would +then ere this have been established at the City of Mexico, and would have +been ready and willing to the extent of its ability to do us justice. + +In addition--and I deem this a most important consideration--European +Governments would have been deprived of all pretext to interfere in the +territorial and domestic concerns of Mexico. We should thus have been +relieved from the obligation of resisting, even by force should this become +necessary, any attempt by these Governments to deprive our neighboring +Republic of portions of her territory--a duty from which we could not +shrink without abandoning the traditional and established policy of the +American people. I am happy to observe that, firmly relying upon the +justice and good faith of these Governments, there is no present danger +that such a contingency will happen. + +Having discovered that my recommendations would not be sustained by +Congress, the next alternative was to accomplish in some degree, if +possible, the same objects by treaty stipulations with the constitutional +Government. Such treaties were accordingly concluded by our late able and +excellent minister to Mexico, and on the 4th of January last were submitted +to the Senate for ratification. As these have not yet received the final +action of that body, it would be improper for me to present a detailed +statement of their provisions. Still, I may be permitted to express the +opinion in advance that they are calculated to promote the agricultural, +manufacturing, and commercial interests of the country and to secure our +just influence with an adjoining Republic as to whose fortunes and fate we +can never feel indifferent, whilst at the same time they provide for the +payment of a considerable amount toward the satisfaction of the claims of +our injured fellow-citizens. + +At the period of my inauguration I was confronted in Kansas by a +revolutionary government existing under what is called the "Topeka +constitution." Its avowed object was to subdue the Territorial government +by force and to inaugurate what was called the "Topeka government" in its +stead. To accomplish this object an extensive military organization was +formed, and its command intrusted to the most violent revolutionary +leaders. Under these circumstances it became my imperative duty to exert +the whole constitutional power of the Executive to prevent the flames of +civil war from again raging in Kansas, which in the excited state of the +public mind, both North and South, might have extended into the neighboring +States. The hostile parties in Kansas had been inflamed against each other +by emissaries both from the North and the South to a degree of malignity +without parallel in our history. To prevent actual collision and to assist +the civil magistrates in enforcing the laws, a strong detachment of the +Army was stationed in the Territory, ready to aid the marshal and his +deputies when lawfully called upon as a posse comitatus in the execution of +civil and criminal process. Still, the troubles in Kansas could not have +been permanently settled without an election by the people. + +The ballot box is the surest arbiter of disputes among freemen. Under this +conviction every proper effort was employed to induce the hostile parties +to vote at the election of delegates to frame a State constitution, and +afterwards at the election to decide whether Kansas should be a slave or +free State. + +The insurgent party refused to vote at either, lest this might be +considered a recognition on their part of the Territorial government +established by Congress. A better spirit, however, seemed soon after to +prevail, and the two parties met face to face at the third election, held +on the first Monday of January, 1858, for members of the legislature and +State officers under the Lecompton constitution. The result was the triumph +of the antislavery party at the polls. This decision of the ballot box +proved clearly that this party were in the majority, and removed the danger +of civil war. From that time we have heard little or nothing of the Topeka +government, and all serious danger of revolutionary troubles in Kansas was +then at an end. + +The Lecompton constitution, which had been thus recognized at this State +election by the votes of both political parties in Kansas, was transmitted +to me with the request that I should present it to Congress. This I could +not have refused to do without violating my clearest and strongest +convictions of duty. The constitution and all the proceedings which +preceded and followed its formation were fair and regular on their face. I +then believed, and experience has proved, that the interests of the people +of Kansas would have been best consulted by its admission as a State into +the Union, especially as the majority within a brief period could have +amended the constitution according to their will and pleasure. If fraud +existed in all or any of these proceedings, it was not for the President +but for Congress to investigate and determine the question of fraud and +what ought to be its consequences. If at the first two elections the +majority refused to vote, it can not be pretended that this refusal to +exercise the elective franchise could invalidate an election fairly held +under lawful authority, even if they had not subsequently voted at the +third election. It is true that the whole constitution had not been +submitted to the people, as I always desired; but the precedents are +numerous of the admission of States into the Union without such submission. +It would not comport with my present purpose to review the proceedings of +Congress upon the Lecompton constitution. It is sufficient to observe that +their final action has removed the last vestige of serious revolutionary +troubles. The desperate hand recently assembled under a notorious outlaw in +the southern portion of the Territory to resist the execution of the laws +and to plunder peaceful citizens will, I doubt not be speedily subdued and +brought to justice. + +Had I treated the Lecompton constitution as a nullity and refused to +transmit it to Congress, it is not difficult to imagine, whilst recalling +the position of the country at that moment, what would have been the +disastrous consequences, both in and out of the Territory, from such a +dereliction of duty on the part of the Executive. + +Peace has also been restored within the Territory of Utah, which at the +commencement of my Administration was in a state of open rebellion. This +was the more dangerous, as the people, animated by a fanatical spirit and +intrenched within their distant mountain fastnesses, might have made a long +and formidable resistance. Cost what it might, it was necessary to bring +them into subjection to the Constitution and the laws. Sound policy, +therefore, as well as humanity, required that this object should if +possible be accomplished without the effusion of blood. This could only be +effected by sending a military force into the Territory sufficiently strong +to convince the people that resistance would be hopeless, and at the same +time to offer them a pardon for past offenses on condition of immediate +submission to the Government. This policy was pursued with eminent success, +and the only cause for regret is the heavy expenditure required to march a +large detachment of the Army to that remote region and to furnish it +subsistence. + +Utah is now comparatively peaceful and quiet, and the military force has +been withdrawn, except that portion of it necessary to keep the Indians in +check and to protect the emigrant trains on their way to our Pacific +possessions. + +In my first annual message I promised to employ my best exertions in +cooperation with Congress to reduce the expenditures of the Government +within the limits of a wise and judicious economy. An overflowing Treasury +had produced habits of prodigality and extravagance which could only be +gradually corrected. The work required both time and patience. I applied +myself diligently to this task from the beginning and was aided by the able +and energetic efforts of the heads of the different Executive Departments. +The result of our labors in this good cause did not appear in the sum total +of our expenditures for the first two years, mainly in consequence of the +extraordinary expenditure necessarily incurred in the Utah expedition and +the very large amount of the contingent expenses of Congress during this +period. These greatly exceeded the pay and mileage of the members. For the +year ending June 30, 1858, whilst the pay and mileage amounted to +$1,490,214, the contingent expenses rose to $2,093,309.79; and for the year +ending June 30, 1859, whilst the pay and mileage amounted to $859,093.66, +the contingent expenses amounted to $1,431,565.78. I am happy, however, to +be able to inform you that during the last fiscal year, ending June 30, +1860, the total expenditures of the Government in all its +branches--legislative, executive, and judicial--exclusive of the public +debt, were reduced to the sum of $55,402,465.46. This conclusively appears +from the books of the Treasury. In the year ending June 30, 1858, the total +expenditure, exclusive of the public debt, amounted to $71,901,129.77, and +that for the year ending June 30, 1859, to $66,346,226.13. Whilst the books +of the Treasury show an actual expenditure of $59,848,474.72 for the year +ending June 30, 1860, including $1,040,667.71 for the contingent expenses +of Congress, there must be deducted from this amount the sum of +$4,296,009.26, with the interest upon it of $150,000, appropriated by the +act of February 15, 1860, "for the purpose of supplying the deficiency in +the revenues and defraying the expenses of the Post-Office Department for +the year ending June 30, 1859." This sum therefore justly chargeable to the +year 1859, must be deducted from the sum of $59,848,474.72 in order to +ascertain the expenditure for the year ending June 30, 1860, which leaves a +balance for the expenditures of that year of $55,402,465.46. The interest +on the public debt, including Treasury notes, for the same fiscal year, +ending June 30, 1860, amounted to $3,177,314.62, which, added to the above +sum of $55,402,465.46, makes the aggregate of $58,579,780.08. + +It ought in justice to be observed that several of the estimates from the +Departments for the year ending June 30, 1860, were reduced by Congress +below what was and still is deemed compatible with the public interest. +Allowing a liberal margin of $2,500,000 for this reduction and for other +causes, it may be safely asserted that the sum of $61,000,000, or, at the +most, $62,000,000, is amply sufficient to administer the Government and to +pay the interest on the public debt, unless contingent events should +hereafter render extraordinary expenditures necessary. + +This result has been attained in a considerable degree by the care +exercised by the appropriate Departments in entering into public contracts. +I have myself never interfered with the award of any such contract, except +in a single case, with the Colonization Society, deeming it advisable to +cast the whole responsibility in each case on the proper head of the +Department, with the general instruction that these contracts should always +be given to the lowest and best bidder. It has ever been my opinion that +public contracts are not a legitimate source of patronage to be conferred +upon personal or political favorites, but that in all such cases a public +officer is bound to act for the Government as a prudent individual would +act for himself. + +It is with great satisfaction I communicate the fact that since the date of +my last annual message not a single slave has been imported into the United +States in violation of the laws prohibiting the African slave trade. This +statement is rounded upon a thorough examination and investigation of the +subject. Indeed, the spirit which prevailed some time since among a portion +of our fellow-citizens in favor of this trade seems to have entirely +subsided. + +I also congratulate you upon the public sentiment which now exists against +the crime of setting on foot military expeditions within the limits of the +United States to proceed from thence and make war upon the people of +unoffending States with whom we are at peace. In this respect a happy +change has been effected since the commencement of my Administration. It +surely ought to be the prayer of every Christian and patriot that such +expeditions may never again receive countenance in our country or depart +from our shores. + +It would be a useless repetition to do more than refer with earnest +commendation to my former recommendations in favor of the Pacific railroad; +of the grant of power to the President to employ the naval force in the +vicinity for the protection of the lives and property of our +fellow-citizens passing in transit over the different Central American +routes against sudden and lawless outbreaks and depredations, and also to +protect American merchant vessels, their crews and cargoes, against violent +and unlawful seizure and confiscation in the ports of Mexico and the South +American Republics when these may be in a disturbed and revolutionary +condition. It is my settled conviction that without such a power we do not +afford that protection to those engaged in the commerce of the country +which they have a right to demand. + +I again recommend to Congress the passage of a law, in pursuance of the +provisions of the Constitution, appointing a day certain previous to the +4th March in each year of an odd number for the election of Representatives +throughout all the States. A similar power has already been exercised, with +general approbation, in the appointment of the same day throughout the +Union for holding the election of electors for President and Vice-President +of the United States. My attention was earnestly directed to this subject +from the fact that the Thirty-fifth Congress terminated on the 3d March, +1859, without making the necessary appropriation for the service of the +Post-Office Department. I was then forced to consider the best remedy for +this omission, and an immediate call of the present Congress was the +natural resort. Upon inquiry, however, I ascertained that fifteen out of +the thirty-three States composing the Confederacy were without +Representatives, and that consequently these fifteen States would be +disfranchised by such a call. These fifteen States will be in the same +condition on the 4th March next. Ten of them can not elect Representatives, +according to existing State laws, until different periods, extending from +the beginning of August next until the months of October and November. In +my last message I gave warning that in a time of sudden and alarming danger +the salvation of our institutions might depend upon the power of the +President immediately to assemble a full Congress to meet the emergency. + +It is now quite evident that the financial necessities of the Government +will require a modification of the tariff during your present session for +the purpose of increasing the revenue. In this aspect, I desire to +reiterate the recommendation contained in my last two annual messages in +favor of imposing specific instead of ad valorem duties on all imported +articles to which these can be properly applied. From long observation and +experience I am convinced that specific duties are necessary, both to +protect the revenue and to secure to our manufacturing interests that +amount of incidental encouragement which unavoidably results from a revenue +tariff. + +As an abstract proposition it may be admitted that ad valorem duties would +in theory be the most just and equal. But if the experience of this and of +all other commercial nations has demonstrated that such duties can not be +assessed and collected without great frauds upon the revenue, then it is +the part of wisdom to resort to specific duties. Indeed, from the very +nature of an ad valorem duty this must be the result. Under it the +inevitable consequence is that foreign goods will be entered at less than +their true value. The Treasury will therefore lose the duty on the +difference between their real and fictitious value, and to this extent we +are defrauded. + +The temptations which ad valorem duties present to a dishonest importer are +irresistible. His object is to pass his goods through the custom-house at +the very lowest valuation necessary to save them from confiscation. In this +he too often succeeds in spite of the vigilance of the revenue officers. +Hence the resort to false invoices, one for the purchaser and another for +the custom-house, and to other expedients to defraud the Government. The +honest importer produces his invoice to the collector, stating the actual +price at which he purchased the articles abroad. Not so the dishonest +importer and the agent of the foreign manufacturer. And here it may be +observed that a very large proportion of the manufactures imported from +abroad are consigned for sale to commission merchants, who are mere agents +employed by the manufacturers. In such cases no actual sale has been made +to fix their value. The foreign manufacturer, if he be dishonest, prepares +an invoice of the goods, not at their actual value, but at the very lowest +rate necessary to escape detection. In this manner the dishonest importer +and the foreign manufacturer enjoy a decided advantage over the honest +merchant. They are thus enabled to undersell the fair trader and drive him +from the market. In fact the operation of this system has already driven +from the pursuits of honorable commerce many of that class of regular and +conscientious merchants whose character throughout the world is the pride +of our country. + +The remedy for these evils is to be found in specific duties, so far as +this may be practicable. They dispense with any inquiry at the custom-house +into the actual cost or value of the article, and it pays the precise +amount of duty previously fixed by law. They present no temptations to the +appraisers of foreign goods, who receive but small salaries, and might by +undervaluation in a few cases render themselves independent. + +Messages and Papers of the Presidents, James Buchanan, vol. 5, p.3182 - +p.3183 + +Besides, specific duties best conform to the requisition in the +Constitution that "no preference shall be given by any regulation of +commerce or revenue to the ports of one State over those of another." Under +our ad valorem system such preferences are to some extent inevitable, and +complaints have often been made that the spirit of this provision has been +violated by a lower appraisement of the same articles at one port than at +another. + +An impression strangely enough prevails to some extent that specific duties +are necessarily protective duties. Nothing can be more fallacious. Great +Britain glories in free trade, and yet her whole revenue from imports is at +the present moment collected under a system of specific duties. It is a +striking fact in this connection that in the commercial treaty of January +23, 1860, between France and England one of the articles provides that the +ad valorem duties which it imposes shall be converted into specific duties +within six months from its date, and these are to be ascertained by making +an average of the prices for six months previous to that time. The reverse +of the propositions would be nearer to the truth, because a much larger +amount of revenue would be collected by merely converting the ad valorem +duties of a tariff into equivalent specific duties. To this extent the +revenue would be increased, and in the same proportion the specific duty +might be diminished. + +Specific duties would secure to the American manufacturer the incidental +protection to which he is fairly entitled under a revenue tariff, and to +this surely no person would object. The framers of the existing tariff have +gone further, and in a liberal spirit have discriminated in favor of large +and useful branches of our manufactures, not by raising the rate of duty +upon the importation of similar articles from abroad, but, what is the same +in effect, by admitting articles free of duty which enter into the +composition of their fabrics. + +Under the present system it has been often truly remarked that this +incidental protection decreases when the manufacturer needs it most and +increases when he needs it least, and constitutes a sliding scale which +always operates against him. The revenues of the country are subject to +similar fluctuations. Instead of approaching a steady standard, as would be +the case under a system of specific duties, they sink and rise with the +sinking and rising prices of articles in foreign countries. It would not be +difficult for Congress to arrange a system of specific duties which would +afford additional stability both to our revenue and our manufactures and +without injury or injustice to any interest of the country. This might be +accomplished by ascertaining the average value of any given article for a +series of years at the place of exportation and by simply converting the +rate of ad valorem duty upon it which might be deemed necessary for revenue +purposes into the form of a specific duty. Such an arrangement could not +injure the consumer. If he should pay a greater amount of duty one year, +this would be counterbalanced by a lesser amount the next, and in the end +the aggregate would be the same. + +I desire to call your immediate attention to the present condition of the +Treasury, so ably and clearly presented by the Secretary in his report to +Congress, and to recommend that measures be promptly adopted to enable it +to discharge its pressing obligations. The other recommendations of the +report are well worthy of your favorable consideration. + +I herewith transmit to Congress the reports of the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. The +recommendations and suggestions which they contain are highly valuable and +deserve your careful attention. + +The report of the Postmaster-General details the circumstances under which +Cornelius Vanderbilt, on my request, agreed in the month of July last to +carry the ocean mails between our Atlantic and Pacific coasts. Had he not +thus acted this important intercommunication must have been suspended, at +least for a season. The Postmaster-General had no power to make him any +other compensation than the postages on the mail matter which he might +carry. It was known at the time that these postages would fall far short of +an adequate compensation, as well as of the sum which the same service had +previously cost the Government. Mr. Vanderbilt, in a commendable spirit, +was willing to rely upon the justice of Congress to make up the deficiency, +and I therefore recommend that an appropriation may be granted for this +purpose. + +I should do great injustice to the Attorney-General were I to omit the +mention of his distinguished services in the measures adopted and +prosecuted by him for the defense of the Government against numerous and +unfounded claims to land in California purporting to have been made by the +Mexican Government previous to the treaty of cession. The successful +opposition to these claims has saved the United States public property +worth many millions of dollars and to individuals holding title under them +to at least an equal amount. + +It has been represented to me from sources which I deem reliable that the +inhabitants in several portions of Kansas have been reduced nearly to a +state of starvation on account of the almost total failure of their crops, +whilst the harvests in every other portion of the country have been +abundant. The prospect before them for the approaching winter is well +calculated to enlist the sympathies of every heart. The destitution appears +to be so general that it can not be relieved by private contributions, and +they are in such indigent circumstances as to be unable to purchase the +necessaries of life for themselves. I refer the subject to Congress. If any +constitutional measure for their relief can be devised, I would recommend +its adoption. + +I cordially commend to your favorable regard the interests of the people of +this District. They are eminently entitled to your consideration, +especially since, unlike the people of the States, they can appeal to no +government except that of the Union. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES BUCHANAN *** + +This file should be named subuc10.txt or subuc10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, subuc11.txt +VERSIONS based on separate sources get new LETTER, subuc10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: State of the Union Addresses of James Buchanan + +Author: James Buchanan + +Release Date: February, 2004 [EBook #5023] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on April 11, 2002] +[Date last updated: December 16, 2004] + +Edition: 11 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES BUCHANAN *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by James Buchanan in this eBook: + December 8, 1857 + December 6, 1858 + December 19, 1859 + December 3, 1860 + + + +*** + +State of the Union Address +James Buchanan +December 8, 1857 + +Fellow-Citizens of the Senate and House of Representatives: + +In obedience to the command of the Constitution, it has now become my duty +"to give to Congress information of the state of the Union and recommend to +their consideration such measures" as I judge to be "necessary and +expedient." + +But first and above all, our thanks are due to Almighty God for the +numerous benefits which He has bestowed upon this people, and our united +prayers ought to ascend to Him that He would continue to bless our great +Republic in time to come as He has blessed it in time past. Since the +adjournment of the last Congress our constituents have enjoyed an unusual +degree of health. The earth has yielded her fruits abundantly and has +bountifully rewarded the toil of the husbandman. Our great staples have +commanded high prices, and up till within a brief period our manufacturing, +mineral, and mechanical occupations have largely partaken of the general +prosperity. We have possessed all the elements of material wealth in rich +abundance, and yet, notwithstanding all these advantages, our country in +its monetary interests is at the present moment in a deplorable condition. +In the midst of unsurpassed plenty in all the productions of agriculture +and in all the elements of national wealth, we find our manufactures +suspended, our public works retarded, our private enterprises of different +kinds abandoned, and thousands of useful laborers thrown out of employment +and reduced to want. The revenue of the Government, which is chiefly +derived from duties on imports from abroad, has been greatly reduced, +whilst the appropriations made by Congress at its last session for the +current fiscal year are very large in amount. + +Under these circumstances a loan may be required before the close of your +present session; but this, although deeply to be regretted, would prove to +be only a slight misfortune when compared with the suffering and distress +prevailing among the people. With this the Government can not fail deeply +to sympathize, though it may be without the power to extend relief. + +It is our duty to inquire what has produced such unfortunate results and +whether their recurrence can be prevented. In all former revulsions the +blame might have been fairly attributed to a variety of cooperating causes, +but not so upon the present occasion. It is apparent that our existing +misfortunes have proceeded solely from our extravagant and vicious system +of paper currency and bank credits, exciting the people to wild +speculations and gambling in stocks. These revulsions must continue to +recur at successive intervals so long as the amount of the paper currency +and bank loans and discounts of the country shall be left to the discretion +of 1,400 irresponsible banking institutions, which from the very law of +their nature will consult the interest of their stockholders rather than +the public welfare. + +The framers of the Constitution, when they gave to Congress the power "to +coin money and to regulate the value thereof" and prohibited the States +from coining money, emitting bills of credit, or making anything but gold +and silver coin a tender in payment of debts, supposed they had protected +the people against the evils of an excessive and irredeemable paper +currency. They are not responsible for the existing anomaly that a +Government endowed with the sovereign attribute of coining money and +regulating the value thereof should have no power to prevent others from +driving this coin out of the country and filling up the channels of +circulation with paper which does not represent gold and silver. + +It is one of the highest and most responsible duties of Government to +insure to the people a sound circulating medium, the amount of which ought +to be adapted with the utmost possible wisdom and skill to the wants of +internal trade and foreign exchanges. If this be either greatly above or +greatly below the proper standard, the marketable value of every man's +property is increased or diminished in the same proportion, and injustice +to individuals as well as incalculable evils to the community are the +consequence. + +Unfortunately, under the construction of the Federal Constitution which has +now prevailed too long to be changed this important and delicate duty has +been dissevered from the coining power and virtually transferred to more +than 1,400 State banks acting independently of each other and regulating +their paper issues almost exclusively by a regard to the present interest +of their stockholders. Exercising the sovereign power of providing a paper +currency instead of coin for the country, the first duty which these banks +owe to the public is to keep in their vaults a sufficient +amount of gold and silver to insure the convertibility of +their notes into coin at all times and under all circumstances. +No bank ought ever to be chartered without such restrictions +on its business as to secure this result. All other restrictions are +comparatively vain. This is the only true touchstone, the only efficient +regulator of a paper currency--the only one which can guard the public +against overissues and bank suspensions. As a collateral and eventual +security, it is doubtless wise, and in all cases ought to be required, that +banks shall hold an amount of United States or State securities equal to +their notes in circulation and pledged for their redemption. This, however, +furnishes no adequate security against overissue. On the contrary, it may +be perverted to inflate the currency. Indeed, it is possible by this means +to convert all the debts of the United States and State Governments into +bank notes, without reference to the specie required to redeem them. +However valuable these securities may be in themselves, they can not be +converted into gold and silver at the moment of pressure, as our experience +teaches, in sufficient time to prevent bank suspensions and the +depreciation of bank notes. In England, which is to a considerable extent a +paper-money country, though vastly behind our own in this respect, it was +deemed advisable, anterior to the act of Parliament of 1844, which wisely +separated the issue of notes from the banking department, for the Bank of +England always to keep on hand gold and silver equal to one-third of its +combined circulation and deposits. If this proportion was no more than +sufficient to secure the convertibility of its notes with the whole of +Great Britain and to some extent the continent of Europe as a field for its +circulation, rendering it almost impossible that a sudden and immediate run +to a dangerous amount should be made upon it, the same proportion would +certainly be insufficient under our banking system. Each of our 1,400 banks +has but a limited circumference for its circulation, and in the course of a +very few days the depositors and note holders might demand from such a bank +a sufficient amount in specie to compel it to suspend, even although it had +coin in its vaults equal to one-third of its immediate liabilities. And yet +I am not aware, with the exception of the banks of Louisiana, that any +State bank throughout the Union has been required by its charter to keep +this or any other proportion of gold and silver compared with the amount of +its combined circulation and deposits. What has been the consequence? In a +recent report made by the Treasury Department on the condition of the banks +throughout the different States, according to returns dated nearest to +January, 1857, the aggregate amount of actual specie in their vaults is +$58,349,838, of their circulation $214,778,822, and of their deposits +$230,351,352. Thus it appears that these banks in the aggregate have +considerably less than one dollar in seven of gold and silver compared with +their circulation and deposits. It was palpable, therefore, that the very +first pressure must drive them to suspension and deprive the people of a +convertible currency, with all its disastrous consequences. It is truly +wonderful that they should have so long continued to preserve their credit +when a demand for the payment of one-seventh of their immediate liabilities +would have driven them into insolvency. And this is the condition of the +banks, notwithstanding that four hundred millions of gold from California +have flowed in upon us within the last eight years, and the tide still +continues to flow. Indeed, such has been the extravagance of bank credits +that the banks now hold a considerably less amount of specie, either in +proportion to their capital or to their circulation and deposits combined, +than they did before the discovery of gold in California. Whilst in the +year 1848 their specie in proportion to their capital was more than equal +to one dollar for four and a half, in 1857 it does not amount to one dollar +for every six dollars and thirty-three cents of their capital. In the year +1848 the specie was equal within a very small fraction to one dollar in +five of their circulation and deposits; in 1857 it is not equal to one +dollar in seven and a half of their circulation and deposits. + +From this statement it is easy to account for our financial history for the +last forty years. It has been a history of extravagant expansions in the +business of the country, followed by ruinous contractions. At successive +intervals the best and most enterprising men have been tempted to their +ruin by excessive bank loans of mere paper credit, exciting them to +extravagant importations of foreign goods, wild speculations, and ruinous +and demoralizing stock gambling. When the crisis arrives, as arrive it +must, the banks can extend no relief to the people. In a vain struggle to +redeem their liabilities in specie they are compelled to contract their +loans and their issues, and at last, in the hour of distress, when their +assistance is most needed, they and their debtors together sink into +insolvency. + +It is this paper system of extravagant expansion, raising the nominal price +of every article far beyond its real value when compared with the cost of +similar articles in countries whose circulation is wisely regulated, which +has prevented us from competing in our own markets with foreign +manufacturers, has produced extravagant importations, and has counteracted +the effect of the large incidental protection afforded to our domestic +manufactures by the present revenue tariff. But for this the branches of +our manufactures composed of raw materials, the production of our own +country--such as cotton, iron, and woolen fabrics--would not only have +acquired almost exclusive possession of the home market, but would have +created for themselves a foreign market throughout the world. + +Deplorable, however, as may be our present financial condition, we may yet +indulge in bright hopes for the future. No other nation has ever existed +which could have endured such violent expansions and contractions of paper +credits without lasting injury; yet the buoyancy of youth, the energies of +our population, and the spirit which never quails before difficulties will +enable us soon to recover from our present financial embarrassments, and +may even occasion us speedily to forget the lesson which they have taught. +In the meantime it is the duty of the Government, by all proper means +within its power, to aid in alleviating the sufferings of the people +occasioned by the suspension of the banks and to provide against a +recurrence of the same calamity. Unfortunately, in either aspect of the +case it can do but little. Thanks to the independent treasury, the +Government has not suspended payment, as it was compelled to do by the +failure of the banks in 1837. It will continue to discharge its liabilities +to the people in gold and silver. Its disbursements in coin will pass into +circulation and materially assist in restoring a sound currency. From its +high credit, should we be compelled to make a temporary loan, it can be +effected on advantageous terms. This, however, shall if possible be +avoided, but if not, then the amount shall be limited to the lowest +practicable sum. + +I have therefore determined that whilst no useful Government works already +in progress shall be suspended, new works not already commenced will be +postponed if this can be done without injury to the country. Those +necessary for its defense shall proceed as though there had been no crisis +in our monetary affairs. + +But the Federal Government can not do much to provide against a recurrence +of existing evils. Even if insurmountable constitutional objections did not +exist against the creation of a national bank, this would furnish no +adequate preventive security. The history of the last Bank of the United +States abundantly proves the truth of this assertion. Such a bank could +not, if it would, regulate the issues and credits of 1,400 State banks in +such a manner as to prevent the ruinous expansions and contractions in our +currency which afflicted the country throughout the existence of the late +bank, or secure us against future suspensions. In 1825 an effort was made +by the Bank of England to curtail the issues of the country banks under the +most favorable circumstances. The paper currency had been expanded to a +ruinous extent, and the bank put forth all its power to contract it in +order to reduce prices and restore the equilibrium of the foreign +exchanges. It accordingly commenced a system of curtailment of its loans +and issues, in the vain hope that the joint stock and private banks of the +Kingdom would be compelled to follow its example. It found, however, that +as it contracted they expanded, and at the end of the process, to employ +the language of a very high official authority, "whatever reduction of the +paper circulation was effected by the Bank of England (in 1825) was more +than made up by the issues of the country banks." + +But a bank of the United States would not, if it could, restrain the issues +and loans of the State banks, because its duty as a regulator of the +currency must often be in direct conflict with the immediate interest of +its stockholders. If we expect one agent to restrain or control another, +their interests must, at least in some degree, be antagonistic. But the +directors of a bank of the United States would feel the same interest and +the same inclination with the directors of the State banks to expand the +currency, to accommodate their favorites and friends with loans, and to +declare large dividends. Such has been our experience in regard to the last +bank. + +After all, we must mainly rely upon the patriotism and wisdom of the States +for the prevention and redress of the evil. If they will afford us a real +specie basis for our paper circulation by increasing the denomination of +bank notes, first to twenty and afterwards to fifty dollars; if they will +require that the banks shall at all times keep on hand at least one dollar +of gold and silver for every three dollars of their circulation and +deposits, and if they will provide by a self-executing enactment, which +nothing can arrest, that the moment they suspend they shall go into +liquidation, I believe that such provisions, with a weekly publication by +each bank of a statement of its condition, would go far to secure us +against future suspensions of specie payments. + +Congress, in my opinion, possess the power to pass a uniform bankrupt law +applicable to all banking institutions throughout the United States, and I +strongly recommend its exercise. This would make it the irreversible +organic law of each bank's existence that a suspension of specie payments +shall produce its civil death. The instinct of self-preservation would then +compel it to perform its duties in such a manner as to escape the penalty +and preserve its life. + +The existence of banks and the circulation of bank paper are so identified +with the habits of our people that they can not at this day be suddenly +abolished without much immediate injury to the country. If we could confine +them to their appropriate sphere and prevent them from administering to the +spirit of wild and reckless speculation by extravagant loans and issues, +they might be continued with advantage to the public. + +But this I say, after long and much reflection: If experience shall prove +it to be impossible to enjoy the facilities which well-regulated banks +might afford without at the same time suffering the calamities which the +excesses of the banks have hitherto inflicted upon the country, it would +then be far the lesser evil to deprive them altogether of the power to +issue a paper currency and confine them to the functions of banks of +deposit and discount. + +Our relations with foreign governments are upon the whole in a satisfactory +condition. + +The diplomatic difficulties which existed between the Government of the +United States and that of Great Britain at the adjournment of the last +Congress have been happily terminated by the appointment of a British +minister to this country, who has been cordially received. Whilst it is +greatly to the interest, as I am convinced it is the sincere desire, of the +Governments and people of the two countries to be on terms of intimate +friendship with each other, it has been our misfortune almost always to +have had some irritating, if not dangerous, outstanding question with Great +Britain. + +Since the origin of the Government we have been employed in negotiating +treaties with that power, and afterwards in discussing their true intent +and meaning. In this respect the convention of April 19, 1850, commonly +called the Clayton and Bulwer treaty, has been the most unfortunate of all, +because the two Governments place directly opposite and contradictory +constructions upon its first and most important article. Whilst in the +United States we believed that this treaty would place both powers upon an +exact equality by the stipulation that neither will ever "occupy, or +fortify, or colonize, or assume, or exercise any dominion" over any part of +Central America, it is contended by the British Government that the true +construction of this language has left them in the rightful possession of +all that portion of Central America which was in their occupancy at the +date of the treaty; in fact, that the treaty is a virtual recognition on +the part of the United States of the right of Great Britain, either as +owner or protector, to the whole extensive coast of Central America, +sweeping round from the Rio Hondo to the port and harbor of San Juan de +Nicaragua, together with the adjacent Bay Islands, except the comparatively +small portion of this between the Sarstoon and Cape Honduras. According to +their construction, the treaty does no more than simply prohibit them from +extending their possessions in Central America beyond the present limits. +It is not too much to assert that if in the United States the treaty had +been considered susceptible of such a construction it never would have been +negotiated under the authority of the President, nor would it have received +the approbation of the Senate. The universal conviction in the United +States was that when our Government consented to violate its traditional +and time-honored policy and to stipulate with a foreign government never to +occupy or acquire territory in the Central American portion of our own +continent, the consideration for this sacrifice was that Great Britain +should, in this respect at least, be placed in the same position with +ourselves. Whilst we have no right to doubt the sincerity of the British +Government in their construction of the treaty, it is at the same time my +deliberate conviction that this construction is in opposition both to its +letter and its spirit. + +Under the late Administration negotiations were instituted between the two +Governments for the purpose, if possible, of removing these difficulties, +and a treaty having this laudable object in view was signed at London on +the 17th October, 1856, and was submitted by the President to the Senate on +the following 10th of December. Whether this treaty, either in its original +or amended form, would have accomplished the object intended without giving +birth to new and embarrassing complications between the two Governments, +may perhaps be well questioned. Certain it is, however, it was rendered +much less objectionable by the different amendments made to it by the +Senate. The treaty as amended was ratified by me on the 12th March, 1857, +and was transmitted to London for ratification by the British Government. +That Government expressed its willingness to concur in all the amendments +made by the Senate with the single exception of the clause relating to +Ruatan and the other islands in the Bay of Honduras. The article in the +original treaty as submitted to the Senate, after reciting that these +islands and their inhabitants "having been, by a convention bearing date +the 27th day of August, 1856, between Her Britannic Majesty and the +Republic of Honduras, constituted and declared a free territory under the +sovereignty of the said Republic of Honduras," stipulated that "the two +contracting parties do hereby mutually engage to recognize and respect in +all future time the independence and rights of the said free territory as a +part of the Republic of Honduras." + +Upon an examination of this convention between Great Britain and Honduras +of the 27th August, 1856, it was found that whilst declaring the Bay +Islands to be "a free territory under the sovereignty of the Republic of +Honduras" it deprived that Republic of rights without which its sovereignty +over them could scarcely be said to exist. It divided them from the +remainder of Honduras and gave to their inhabitants a separate government +of their own, with legislative, executive, and judicial officers elected by +themselves. It deprived the Government of Honduras of the taxing power in +every form and exempted the people of the islands from the performance of +military duty except for their own exclusive defense. It also prohibited +that Republic from erecting fortifications upon them for their protection, +thus leaving them open to invasion from any quarter; and, finally, it +provided "that slavery shall not at any time hereafter be permitted to +exist therein." + +Had Honduras ratified this convention, she would have ratified the +establishment of a state substantially independent within her own limits, +and a state at all times subject to British influence and control. +Moreover, had the United States ratified the treaty with Great Britain in +its original form, we should have been bound "to recognize and respect in +all future time" these stipulations to the prejudice of Honduras. Being in +direct opposition to the spirit and meaning of the Clayton and Bulwer +treaty as understood in the United States, the Senate rejected the entire +clause, and substituted in its stead a simple recognition of the sovereign +right of Honduras to these islands in the following language: The two +contracting parties do hereby mutually engage to recognize and respect the +islands of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Moral, situate in +the Bay of Honduras and off the coast of the Republic of Honduras, as under +the sovereignty and as part of the said Republic of Honduras. + +Great Britain rejected this amendment, assigning as the only reason that +the ratifications of the convention of the 27th August, 1856, between her +and Honduras had not been "exchanged, owing to the hesitation of that +Government." Had this been done, it is stated that "Her Majesty's +Government would have had little difficulty in agreeing to the modification +proposed by the Senate, which then would have had in effect the same +signification as the original wording." Whether this would have been the +effect, whether the mere circumstance of the exchange of the ratifications +of the British convention with Honduras prior in point of time to the +ratification of our treaty with Great Britain would "in effect" have had +"the same signification as the original wording," and thus have nullified +the amendment of the Senate, may well be doubted. It is, perhaps, fortunate +that the question has never arisen. + +The British Government, immediately after rejecting the treaty as amended, +proposed to enter into a new treaty with the United States, similar in all +respects to the treaty which they had just refused to ratify, if the United +States would consent to add to the Senate's clear and unqualified +recognition of the sovereignty of Honduras over the Bay Islands the +following conditional stipulation: Whenever and so soon as the Republic of +Honduras shall have concluded and ratified a treaty with Great Britain by +which Great Britain shall have ceded and the Republic of Honduras shall +have accepted the said islands, subject to the provisions and conditions +contained in such treaty. + +This proposition was, of course, rejected. After the Senate had refused to +recognize the British convention with Honduras of the 27th August, 1856, +with full knowledge of its contents, it was impossible for me, necessarily +ignorant of "the provisions and conditions" which might be contained in a +future convention between the same parties, to sanction them in advance. + +The fact is that when two nations like Great Britain and the United States, +mutually desirous, as they are, and I trust ever may be, of maintaining the +most friendly relations with each other, have unfortunately concluded a +treaty which they understand in senses directly opposite, the wisest course +is to abrogate such a treaty by mutual consent and to commence anew. Had +this been done promptly, all difficulties in Central America would most +probably ere this have been adjusted to the satisfaction of both parties. +The time spent in discussing the meaning of the Clayton and Bulwer treaty +would have been devoted to this praiseworthy purpose, and the task would +have been the more easily accomplished because the interest of the two +countries in Central America is identical, being confined to securing safe +transits over all the routes across the Isthmus. + +Whilst entertaining these sentiments, I shall, nevertheless, not refuse to +contribute to any reasonable adjustment of the Central American questions +which is not practically inconsistent with the American interpretation of +the treaty. Overtures for this purpose have been recently made by the +British Government in a friendly spirit, which I cordially reciprocate, but +whether this renewed effort will result in success I am not yet prepared to +express an opinion. A brief period will determine. + +With France our ancient relations of friendship still continue to exist. +The French Government have in several recent instances, which need not be +enumerated, evinced a spirit of good will and kindness toward our country, +which I heartily reciprocate. It is, notwithstanding, much to be regretted +that two nations whose productions are of such a character as to invite the +most extensive exchanges and freest commercial intercourse should continue +to enforce ancient and obsolete restrictions of trade against each other. +Our commercial treaty with France is in this respect an exception from our +treaties with all other commercial nations. It jealously levies +discriminating duties both on tonnage and on articles the growth, produce, +or manufacture of the one country when arriving in vessels belonging to the +other. + +More than forty years ago, on the 3d March, 1815, Congress passed an act +offering to all nations to admit their vessels laden with their national +productions into the ports of the United States upon the same terms with +our own vessels provided they would reciprocate to us similar advantages. +This act confined the reciprocity to the productions of the respective +foreign nations who might enter into the proposed arrangement with the +United States. The act of May 24, 1828, removed this restriction and +offered a similar reciprocity to all such vessels without reference to the +origin of their cargoes. Upon these principles our commercial treaties and +arrangements have been rounded, except with France, and let us hope that +this exception may not long exist. + +Our relations with Russia remain, as they have ever been, on the most +friendly footing. The present Emperor, as well as his predecessors, have +never failed when the occasion offered to manifest their good will to our +country, and their friendship has always been highly appreciated by the +Government and people of the United States. + +With all other European Governments, except that of Spain, our relations +are as peaceful as we could desire. I regret to say that no progress +whatever has been made since the adjournment of Congress toward the +settlement of any of the numerous claims of our citizens against the +Spanish Government. Besides, the outrage committed on our flag by the +Spanish war frigate Ferrolana on the high seas off the coast of Cuba in +March, 1855, by firing into the American mail steamer El Dorado and +detaining and searching her, remains unacknowledged and unredressed. The +general tone and temper of the Spanish Government toward that of the United +States are much to be regretted. Our present envoy extraordinary and +minister plenipotentiary to Madrid has asked to be recalled, and it is my +purpose to send out a new minister to Spain with special instructions on +all questions pending between the two Governments, and with a determination +to have them speedily and amicably adjusted if this be possible. In the +meantime, whenever our minister urges the just claims of our citizens on +the notice of the Spanish Government he is met with the objection that +Congress has never made the appropriation recommended by President Polk in +his annual message of December, 1847, "to be paid to the Spanish Government +for the purpose of distribution among the claimants in the Amistad case." A +similar recommendation was made by my immediate predecessor in his message +of December, 1853, and entirely concurring with both in the opinion that +this indemnity is justly due under the treaty with Spain of the 27th of +October, 1795, I earnestly recommend such an appropriation to the favorable +consideration of Congress. + +A treaty of friendship and commerce was concluded at Constantinople on the +13th December, 1856, between the United States and Persia, the +ratifications of which were exchanged at Constantinople on the 13th June, +1857, and the treaty was proclaimed by the President on the 18th August, +1857. This treaty, it is believed, will prove beneficial to American +commerce. The Shah has manifested an earnest disposition to cultivate +friendly relations with our country, and has expressed a strong wish that +we should be represented at Teheran by a minister plenipotentiary; and I +recommend that an appropriation be made for this purpose. + +Recent occurrences in China have been unfavorable to a revision of the +treaty with that Empire of the 3d July, 1844, with a view to the security +and extension of our commerce. The twenty-fourth article of this treaty +stipulated for a revision of it in case experience should prove this to be +requisite, "in which case the two Governments will, at the expiration of +twelve years from the date of said convention, treat amicably concerning +the same by means of suitable persons appointed to conduct such +negotiations." These twelve years expired on the 3d July, 1856, but long +before that period it was ascertained that important changes in the treaty +were necessary, and several fruitless attempts were made by the +commissioner of the United States to effect these changes. Another effort +was about to be made for the same purpose by our commissioner in +conjunction with the ministers of England and France, but this was +suspended by the occurrence of hostilities in the Canton River between +Great Britain and the Chinese Empire. These hostilities have necessarily +interrupted the trade of all nations with Canton, which is now in a state +of blockade, and have occasioned a serious loss of life and property. +Meanwhile the insurrection within the Empire against the existing imperial +dynasty still continues, and it is difficult to anticipate what will be the +result. + +Under these circumstances I have deemed it advisable to appoint a +distinguished citizen of Pennsylvania envoy extraordinary and minister +plenipotentiary to proceed to China and to avail himself of any +opportunities which may offer to effect changes in the existing treaty +favorable to American commerce. He left the United States for the place of +his destination in July last in the war steamer Minnesota. Special +ministers to China have also been appointed by the Governments of Great +Britain and France. + +Whilst our minister has been instructed to occupy a neutral position in +reference to the existing hostilities at Canton, he will cordially +cooperate with the British and French ministers in all peaceful measures to +secure by treaty stipulations those just concessions to commerce which the +nations of the world have a right to expect and which China can not long be +permitted to withhold. From assurances received I entertain no doubt that +the three ministers will act in harmonious concert to obtain similar +commercial treaties for each of the powers they represent. + +We can not fail to feel a deep interest in all that concerns the welfare of +the independent Republics on our own continent, as well as of the Empire of +Brazil. + +Our difficulties with New Granada, which a short time since bore so +threatening an aspect, are, it is to be hoped, in a fair train of +settlement in a manner just and honorable to both parties. + +The isthmus of Central America, including that of Panama, is the great +highway between the Atlantic and Pacific over which a large portion of the +commerce of the world is destined to pass. The United States are more +deeply interested than any other nation in preserving the freedom and +security of all the communications across this isthmus. It is our duty, +therefore, to take care that they shall not be interrupted either by +invasions from our own country or by wars between the independent States of +Central America. Under our treaty with New Granada of the 12th December, +1846, we are bound to guarantee the neutrality of the Isthmus of Panama, +through which the Panama Railroad passes, "as well as the rights of +sovereignty and property which New Granada has and possesses over the said +territory." This obligation is rounded upon equivalents granted by the +treaty to the Government and people of the United States. + +Under these circumstances I recommend to Congress the passage of an act +authorizing the President, in case of necessity, to employ the land and +naval forces of the United States to carry into effect this guaranty of +neutrality and protection. I also recommend similar legislation for the +security of any other route across the Isthmus in which we may acquire an +interest by treaty. + +With the independent Republics on this continent it is both our duty and +our interest to cultivate the most friendly relations. We can never feel +indifferent to their fate, and must always rejoice in their prosperity. +Unfortunately both for them and for us, our example and advice have lost +much of their influence in consequence of the lawless expeditions which +have been fitted out against some of them within the limits of our country. +Nothing is better calculated to retard our steady material progress or +impair our character as a nation than the toleration of such enterprises in +violation of the law of nations. + +It is one of the first and highest duties of any independent state in its +relations with the members of the great family of nations to restrain its +people from acts of hostile aggression against their citizens or subjects. +The most eminent writers on public law do not hesitate to denounce such +hostile acts as robbery and murder. + +Weak and feeble states like those of Central America may not feel +themselves able to assert and vindicate their rights. The case would be far +different if expeditions were set on foot within our own territories to +make private war against a powerful nation. If such expeditions were fitted +out from abroad against any portion of our own country, to burn down our +cities, murder and plunder our people, and usurp our Government, we should +call any power on earth to the strictest account for not preventing such +enormities. + +Ever since the Administration of General Washington acts of Congress have +been enforced to punish severely the crime of setting on foot a military +expedition within the limits of the United States to proceed from thence +against a nation or state with whom we are at peace. The present neutrality +act of April 20, 1818, is but little more than a collection of preexisting +laws. Under this act the President is empowered to employ the land and +naval forces and the militia "for the purpose of preventing the carrying on +of any such expedition or enterprise from the territories and jurisdiction +of the United States," and the collectors of customs are authorized and +required to detain any vessel in port when there is reason to believe she +is about to take part in such lawless enterprises. + +When it was first rendered probable that an attempt would be made to get up +another unlawful expedition against Nicaragua, the Secretary of State +issued instructions to the marshals and district attorneys, which were +directed by the Secretaries of War and the Navy to the appropriate army and +navy officers, requiring them to be vigilant and to use their best +exertions in carrying into effect the provisions of the act of 1818. +Notwithstanding these precautions, the expedition has escaped from our +shores. Such enterprises can do no possible good to the country, but have +already inflicted much injury both on its interests and its character. They +have prevented peaceful emigration from the United States to the States of +Central America, which could not fail to prove highly beneficial to all the +parties concerned. In a pecuniary point of view alone our citizens have +sustained heavy losses from the seizure and closing of the transit route by +the San Juan between the two oceans. + +The leader of the recent expedition was arrested at New Orleans, but was +discharged on giving bail for his appearance in the insufficient sum of +$2,000. + +I commend the whole subject to the serious attention of Congress, believing +that our duty and our interest, as well as our national character, require +that we should adopt such measures as will be effectual in restraining our +citizens from committing such outrages. + +I regret to inform you that the President of Paraguay has refused to ratify +the treaty between the United States and that State as amended by the +Senate, the signature of which was mentioned in the message of my +predecessor to Congress at the opening of its session in December, 1853. +The reasons assigned for this refusal will appear in the correspondence +herewith submitted. + +It being desirable to ascertain the fitness of the river La Plata and its +tributaries for navigation by steam, the United States steamer Water Witch +was sent thither for that purpose in 1853. This enterprise was successfully +carried on until February, 1855, when, whilst in the peaceful prosecution +of her voyage up the Parana River, the steamer was fired upon by a +Paraguayan fort. The fire was returned, but as the Water Witch was of small +force and not designed for offensive operations, she retired from the +conflict. The pretext upon which the attack was made was a decree of the +President of Paraguay of October, 1854, prohibiting foreign vessels of war +from navigating the rivers of that State. As Paraguay, however, was the +owner of but one bank of the river of that name, the other belonging to +Corientes, a State of the Argentine Confederation, the right of its +Government to expect that such a decree would be obeyed can not be +acknowledged. But the Water Witch was not, properly speaking, a vessel of +war. She was a small steamer engaged in a scientific enterprise intended +for the advantage of commercial states generally. Under these circumstances +I am constrained to consider the attack upon her as unjustifiable and as +calling for satisfaction from the Paraguayan Government. + +Citizens of the United States also who were established in business in +Paraguay have had their property seized and taken from them, and have +otherwise been treated by the authorities in an insulting and arbitrary +manner, which requires redress. + +A demand for these purposes will be made in a firm but conciliatory spirit. +This will the more probably be granted if the Executive shall have +authority to use other means in the event of a refusal. This is accordingly +recommended. + +It is unnecessary to state in detail the alarming condition of the +Territory of Kansas at the time of my inauguration. The opposing parties +then stood in hostile array against each other, and any accident might have +relighted the flames of civil war. Besides, at this critical moment Kansas +was left without a governor by the resignation of Governor Geary. + +On the 19th of February previous the Territorial legislature had passed a +law providing for the election of delegates on the third Monday of June to +a convention to meet on the first Monday of September for the purpose of +framing a constitution preparatory to admission into the Union. This law +was in the main fair and just, and it is to be regretted that all the +qualified electors had not registered themselves and voted under its +provisions. + +At the time of the election for delegates an extensive organization existed +in the Territory whose avowed object it was, if need be, to put down the +lawful government by force and to establish a government of their own under +the so-called Topeka constitution. The persons attached to this +revolutionary organization abstained from taking any part in the election. + +The act of the Territorial legislature had omitted to provide for +submitting to the people the constitution which might be framed by the +convention, and in the excited state of public feeling throughout Kansas an +apprehension extensively prevailed that a design existed to force upon them +a constitution in relation to slavery against their will. In this emergency +it became my duty, as it was my unquestionable right, having in view the +union of all good citizens in support of the Territorial laws, to express +an opinion on the true construction of the provisions concerning slavery +contained in the organic act of Congress of the 30th May, 1854. Congress +declared it 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." Under it Kansas, "when admitted as a +State," was to "be received into the Union with or without slavery, as +their constitution may prescribe at the time of their admission." + +Did Congress mean by this language that the delegates elected to frame a +constitution should have authority finally to decide the question of +slavery, or did they intend by leaving it to the people that the people of +Kansas themselves should decide this question by a direct vote? On this +subject I confess I had never entertained a serious doubt, and therefore in +my instructions to Governor Walker of the 28th March last I merely said +that when "a constitution shall be submitted to the people of the Territory +they must be protected in the exercise of their right of voting for or +against that instrument, and the fair expression of the popular will must +not be interrupted by fraud or violence." + +In expressing this opinion it was far from my intention to interfere with +the decision of the people of Kansas, either for or against slavery. From +this I have always carefully abstained. Intrusted with the duty of taking +"care that the laws be faithfully executed," my only desire was that the +people of Kansas should furnish to Congress the evidence required by the +organic act, whether for or against slavery, and in this manner smooth +their passage into the Union. In emerging from the condition of Territorial +dependence into that of a sovereign State it was their duty, in my opinion, +to make known their will by the votes of the majority on the direct +question whether this important domestic institution should or should not +continue to exist. Indeed, this was the only possible mode in which their +will could be authentically ascertained. + +The election of delegates to a convention must necessarily take place in +separate districts. From this cause it may readily happen, as has often +been the case, that a majority of the people of a State or Territory are on +one side of a question, whilst a majority of the representatives from the +several districts into which it is divided may be upon the other side. This +arises front the fact that in some districts delegates may be elected by +small majorities, whilst in others those of different sentiments may +receive majorities sufficiently great not only to overcome the votes given +for the former, but to leave a large majority of the whole people in direct +opposition to a majority of the delegates. Besides, our history proves that +influences may be brought to bear on the representative sufficiently +powerful to induce him to disregard the will of his constituents. The truth +is that no other authentic and satisfactory mode exists of ascertaining the +will of a majority of the people of any State or Territory on an important +and exciting question like that of slavery in Kansas except by leaving it +to a direct vote. How wise, then, was it for Congress to pass over all +subordinate and intermediate agencies and proceed directly to the source of +all legitimate power under our institutions! + +How vain would any other principle prove in practice! This may be +illustrated by the case of Kansas. Should she be admitted into the Union +with a constitution either maintaining or abolishing slavery against the +sentiment of the people, this could have no other effect than to continue +and to exasperate the existing agitation during the brief period required +to make the constitution conform to the irresistible will of the majority. + +The friends and supporters of the Nebraska and Kansas act, when struggling +on a recent occasion to sustain its wise provisions before the great +tribunal of the American people, never differed about its true meaning on +this subject. Everywhere throughout the Union they publicly pledged their +faith and their honor that they would cheerfully submit the question of +slavery to the decision of the bona fide people of Kansas, without any +restriction or qualification whatever. All were cordially united upon the +great doctrine of popular sovereignty, which is the vital principle of our +free institutions. Had it then been insinuated from any quarter that it +would be a sufficient compliance with the requisitions of the organic law +for the members of a convention thereafter to be elected to withhold the +question of slavery from the people and to substitute their own will for +that of a legally ascertained majority of all their constituents, this +would have been instantly rejected. Everywhere they remained true to the +resolution adopted on a celebrated occasion recognizing "the right of the +people of all the Territories, including Kansas and Nebraska, acting +through the legally and fairly expressed will of a majority of actual +residents, and whenever the number of their inhabitants justifies it, to +form a constitution with or without slavery and be admitted into the Union +upon terms of perfect equality with the other States." + +The convention to frame a constitution for Kansas met on the first Monday +of September last. They were called together by virtue of an act of the +Territorial legislature, whose lawful existence had been recognized by +Congress in different forms and by different enactments. A large proportion +of the citizens of Kansas did not think proper to register their names and +to vote at the election for delegates; but an opportunity to do this having +been fairly afforded, their refusal to avail themselves of their right +could in no manner affect the legality of the convention. This convention +proceeded to frame a constitution for Kansas, and finally adjourned on the +7th day of November. But little difficulty occurred in the convention +except on the subject of slavery. The truth is that the general provisions +of our recent State constitutions are so similar and, I may add, so +excellent that the difference between them is not essential. Under the +earlier practice of the Government no constitution framed by the convention +of a Territory preparatory to its admission into the Union as a State had +been submitted to the people. I trust, however, the example set by the last +Congress, requiring that the constitution of Minnesota "should be subject +to the approval and ratification of the people of the proposed State," may +be followed on future occasions. I took it for granted that the convention +of Kansas would act in accordance with this example, rounded, as it is, on +correct principles, and hence my instructions to Governor Walker in favor +of submitting the constitution to the people were expressed in general and +unqualified terms. + +In the Kansas-Nebraska act, however, this requirement, as applicable to the +whole constitution, had not been inserted, and the convention were not +bound by its terms to submit any other portion of the instrument to an +election except that which relates to the "domestic institution" of +slavery. This will be rendered clear by a simple reference to its language. +It was "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." According +to the plain construction of the sentence, the words "domestic +institutions" have a direct, as they have an appropriate, reference to +slavery. "Domestic institutions" are limited to the family. The relation +between master and slave and a few others are "domestic institutions," and +are entirely distinct from institutions of a political character. Besides, +there was no question then before Congress, nor, indeed, has there since +been any serious question before the people of Kansas or the country, +except that which relates to the "domestic institution" of slavery. The +convention, after an angry and excited debate, finally determined, by a +majority of only two, to submit the question of slavery to the people, +though at the last forty-three of the fifty delegates present affixed their +signatures to the constitution. + +A large majority of the convention were in favor of establishing slavery in +Kansas. They accordingly inserted an article in the constitution for this +purpose similar in form to those which had been adopted by other +Territorial conventions. In the schedule, however, providing for the +transition from a Territorial to a State government the question has been +fairly and explicitly referred to the people whether they will have a +constitution "with or without slavery." It declares that before the +constitution adopted by the convention "shall be sent to Congress for +admission into the Union as a State" an election shall be held to decide +this question, at which all the white male inhabitants of the Territory +above the age of 21 are entitled to vote. They are to vote by ballot, and +"the ballots cast at said election shall be indorsed 'constitution with +slavery' and 'constitution with no slavery.'" If there be a majority in +favor of the "constitution with slavery," then it is to be transmitted to +Congress by the president of the convention in its original form; if, on +the contrary, there shall be a majority in favor of the "constitution with +no slavery," "then the article providing for slavery shall be stricken from +the constitution by the president of this convention;" and it is expressly +declared that "no slavery shall exist in the State of Kansas, except that +the right of property in slaves now in the Territory shall in no manner be +interfered with;" and in that event it is made his duty to have the +constitution thus ratified transmitted to the Congress of the United States +for the admission of the State into the Union. + +At this election every citizen will have an opportunity of expressing his +opinion by his vote "whether Kansas shall be received into the Union with +or without slavery," and thus this exciting question may be peacefully +settled in the very mode required by the organic law. The election will be +held under legitimate authority, and if any portion of the inhabitants +shall refuse to vote, a fair opportunity to do so having been presented, +this will be their own voluntary act and they alone will be responsible for +the consequences. + +Whether Kansas shall be a free or a slave State must eventually, under some +authority, be decided by an election; and the question can never be more +clearly or distinctly presented to the people than it is at the present +moment. Should this opportunity be rejected she may be involved for years +in domestic discord, and possibly in civil war, before she can again make +up the issue now so fortunately tendered and again reach the point she has +already attained. + +Kansas has for some years occupied too much of the public attention. It is +high time this should be directed to far more important objects. When once +admitted into the Union, whether with or without slavery, the excitement +beyond her own limits will speedily pass away, and she will then for the +first time be left, as she ought to have been long since, to manage her own +affairs in her own way. If her constitution on the subject of slavery or on +any other subject be displeasing to a majority of the people, no human +power can prevent them from changing it within a brief period. Under these +circumstances it may well be questioned whether the peace and quiet of the +whole country are not of greater importance than the mere temporary triumph +of either of the political parties in Kansas. + +Should the constitution without slavery be adopted by the votes of the +majority, the rights of property in slaves now in the Territory are +reserved. The number of these is very small, but if it were greater the +provision would be equally just and reasonable. The slaves were brought +into the Territory under the Constitution of the United States and are now +the property of their masters. This point has at length been finally +decided by the highest judicial tribunal of the country, and this upon the +plain principle that when a confederacy of sovereign States acquire a new +territory at their joint expense both equality and justice demand that the +citizens of one and all of them shall have the right to take into it +whatsoever is recognized as property by the common Constitution. To have +summarily confiscated the property in slaves already in the Territory would +have been an act of gross injustice and contrary to the practice of the +older States of the Union which have abolished slavery. + +A Territorial government was established for Utah by act of Congress +approved the 9th September, 1850, and the Constitution and laws of the +United States were thereby extended over it "so far as the same or any +provisions thereof may be applicable." This act provided for the +appointment by the President, by and with the advice and consent of the +Senate, of a governor (who was to be ex officio superintendent of Indian +affairs), a secretary, three judges of the supreme court, a marshal, and a +district attorney. Subsequent acts provided for the appointment of the +officers necessary to extend our land and our Indian system over the +Territory. Brigham Young was appointed the first governor on the 20th +September, 1850, and has held the office ever since. Whilst Governor Young +has been both governor and superintendent of Indian affairs throughout this +period, he has been at the same time the head of the church called the +Latter-day Saints, and professes to govern its members and dispose of their +property by direct inspiration and authority from the Almighty. His power +has been, therefore, absolute over both church and state. + +The people of Utah almost exclusively belong to this church, and believing +with a fanatical spirit that he is governor of the Territory by divine +appointment, they obey his commands as if these were direct revelations +from Heaven. If, therefore, he chooses that his government shall come into +collision with the Government of the United States, the members of the +Mormon Church will yield implicit obedience to his will. Unfortunately, +existing facts leave but little doubt that such is his determination. +Without entering upon a minute history of occurrences, it is sufficient to +say that all the officers of the United States, judicial and executive, +with the single exception of two Indian agents, have found it necessary for +their own personal safety to withdraw from the Territory, and there no +longer remains any government in Utah but the despotism of Brigham Young. +This being the condition of affairs in the Territory, I could not mistake +the path of duty. As Chief Executive Magistrate I was bound to restore the +supremacy of the Constitution and laws within its limits. In order to +effect this purpose, I appointed a new governor and other Federal officers +for Utah and sent with them a military force for their protection and to +aid as a posse comitatus in case of need in the execution of the laws. + +With the religious opinions of the Mormons, as long as they remained mere +opinions, however deplorable in themselves and revolting to the moral and +religious sentiments of all Christendom, I had no right to interfere. +Actions alone, when in violation of the Constitution and laws of the United +States, become the legitimate subjects for the jurisdiction of the civil +magistrate. My instructions to Governor Cumming have therefore been framed +in strict accordance with these principles. At their date a hope was +indulged that no necessity might exist for employing the military in +restoring and maintaining the authority of the law, but this hope has now +vanished. Governor Young has by proclamation declared his determination to +maintain his power by force, and has already committed acts of hostility +against the United States. Unless he should retrace his steps the Territory +of Utah will be in a state of open rebellion. He has committed these acts +of hostility notwithstanding Major Van Vliet, an officer of the Army, sent +to Utah by the Commanding General to purchase provisions for the troops, +had given him the strongest assurances of the peaceful intentions of the +Government, and that the troops would only be employed as a posse comitatus +when called on by the civil authority to aid in the execution of the laws. + +There is reason to believe that Governor Young has long contemplated this +result. He knows that the continuance of his despotic power depends upon +the exclusion of all settlers from the Territory except those who will +acknowledge his divine mission and implicitly obey his will, and that an +enlightened public opinion there would soon prostrate institutions at war +with the laws both of God and man. "He has therefore for several years, in +order to maintain his independence, been industriously employed in +collecting and fabricating arms and munitions of war and in disciplining +the Mormons for military service." As superintendent of Indian affairs he +has had an opportunity of tampering with the Indian tribes and exciting +their hostile feelings against the United States. This, according to our +information, he has accomplished in regard to some of these tribes, while +others have remained true to their allegiance and have communicated his +intrigues to our Indian agents. He has laid in a store of provisions for +three years, which in case of necessity, as he informed Major Van Vliet, he +will conceal, "and then take to the mountains and bid defiance to all the +powers of the Government." + +A great part of all this may be idle boasting, but yet no wise government +will lightly estimate the efforts which may be inspired by such frenzied +fanaticism as exists among the Mormons in Utah. This is the first rebellion +which has existed in our Territories, and humanity itself requires that we +should put it down in such a manner that it shall be the last. To trifle +with it would be to encourage it and to render it formidable. We ought to +go there with such an imposing force as to convince these deluded people +that resistance would be vain, and thus spare the effusion of blood. We can +in this manner best convince them that we are their friends, not their +enemies. In order to accomplish this object it will be necessary, according +to the estimate of the War Department, to raise four additional regiments; +and this I earnestly recommend to Congress. At the present moment of +depression in the revenues of the country I am sorry to be obliged to +recommend such a measure; but I feel confident of the support of Congress, +cost what it may, in suppressing the insurrection and in restoring and +maintaining the sovereignty of the Constitution and laws over the Territory +of Utah. + +I recommend to Congress the establishment of a Territorial government over +Arizona, incorporating with it such portions of New Mexico as they may deem +expedient. I need scarcely adduce arguments in support of this +recommendation. We are bound to protect the lives and the property of our +citizens inhabiting Arizona, and these are now without any efficient +protection. Their present number is already considerable, and is rapidly +increasing, notwithstanding the disadvantages under which they labor. +Besides, the proposed Territory is believed to be rich in mineral and +agricultural resources, especially in silver and copper. The mails of the +United States to California are now carried over it throughout its whole +extent, and this route is known to be the nearest and believed to be the +best to the Pacific. + +Long experience has deeply convinced me that a strict construction of the +powers granted to Congress is the only true, as well as the only safe, +theory of the Constitution. Whilst this principle shall guide my public +conduct, I consider it clear that under the war-making power Congress may +appropriate money for the Construction of a military road through the +Territories of the United States when this is absolutely necessary for the +defense of any of the States against foreign invasion. The Constitution has +conferred upon Congress power "to declare war," "to raise and support +armies," "to provide and maintain a navy," and to call forth the militia to +"repel invasions." These high sovereign powers necessarily involve +important and responsible public duties, and among them there is none so +sacred and so imperative as that of preserving our soil from the invasion +of a foreign enemy. The Constitution has therefore left nothing on this +point to construction, but expressly requires that "the United States shall +protect each of them [the States] against invasion." Now if a military road +over our own Territories be indispensably necessary to enable us to meet +and repel the invader, it follows as a necessary consequence not only that +we possess the power, but it is our imperative duty to construct such a +road. It would be an absurdity to invest a government with the unlimited +power to make and conduct war and at the same time deny to it the only +means of reaching and defeating the enemy at the frontier. Without such a +road it is quite evident we can not "protect" California and our Pacific +possessions "against invasion." We can not by any other means transport men +and munitions of war from the Atlantic States in sufficient time +successfully to defend these remote and distant portions of the Republic. + +Experience has proved that the routes across the isthmus of Central America +are at best but a very uncertain and unreliable mode of communication. But +even if this were not the case, they would at once be closed against us in +the event of war with a naval power so much stronger than our own as to +enable it to blockade the ports at either end of these routes. After all, +therefore, we can only rely upon a military road through our own +Territories; and ever since the origin of the Government Congress has been +in the practice of appropriating money from the public Treasury for the +construction of such roads. + +The difficulties and the expense of constructing a military railroad to +connect our Atlantic and Pacific States have been greatly exaggerated. The +distance on the Arizona route, near the thirty-second parallel of north +latitude, between the western boundary of Texas, on the Rio Grande, and the +eastern boundary of California, on the Colorado, from the best explorations +now within our knowledge, does not exceed 470 miles, and the face of the +country is in the main favorable. For obvious reasons the Government ought +not to undertake the work itself by means of its own agents. This ought to +be committed to other agencies, which Congress might assist, either by +grants of land or money, or by both, upon such terms and conditions as they +may deem most beneficial for the country. Provision might thus be made not +only for the safe, rapid, and economical transportation of troops and +munitions of war, but also of the public mails. The commercial interests of +the whole country, both East and West, would be greatly promoted by such a +road, and, above all, it would be a powerful additional bond of union. And +although advantages of this kind, whether postal, commercial, or political, +can not confer constitutional power, yet they may furnish auxiliary +arguments in favor of expediting a work which, in my judgment, is clearly +embraced within the war-making power. + +For these reasons I commend to the friendly consideration of Congress the +subject of the Pacific Railroad, without finally committing myself to any +particular route. + +The report of the Secretary of the Treasury will furnish a detailed +statement of the condition of the public finances and of the respective +branches of the public service devolved upon that Department of the +Government. By this report it appears that the amount of revenue received +from all sources into the Treasury during the fiscal year ending the 30th +June, 1857, was $68,631,513.67, which amount, with the balance of +$19,901,325.45 remaining in the Treasury at the commencement of the year, +made an aggregate for the service of the year of $88,532,839.12. + +The public expenditures for the fiscal year ending 30th June, 1857, +amounted to $70,822,724.85, of which $5,943,896.91 were applied to the +redemption of the public debt, including interest and premium, leaving in +the Treasury at the commencement of the present fiscal year, on the 1st +July, 1857, $17,710,114.27. + +The receipts into the Treasury for the first quarter of the present fiscal +year, commencing 1st July, 1857, were $20,929,819.81, and the estimated +receipts of the remaining three quarters to the 30th June, 1858, are +$36,750,000, making, with the balance before stated, an aggregate of +$75,389,934.08 for the service of the present fiscal year. + +The actual expenditures during the first quarter of the present fiscal year +were $23,714,528.37, of which $3,895,232.39 were applied to the redemption +of the public debt, including interest and premium. The probable +expenditures of the remaining three quarters to 30th June, 1858, are +$51,248,530.04, including interest on the public debt, making an aggregate +of $74,963,058.41, leaving an estimated balance in the Treasury at the +close of the present fiscal year of $426,875.67. + +The amount of the public debt at the commencement of the present fiscal +year was $29,060,386.90. + +The amount redeemed since the 1st of July was $3,895,232.39, leaving a +balance unredeemed at this time of $25,165,154.51. + +The amount of estimated expenditures for the remaining three quarters of +the present fiscal year will in all probability be increased from the +causes set forth in the report of the Secretary. His suggestion, therefore, +that authority should be given to supply any temporary deficiency by the +issue of a limited amount of Treasury notes is approved, and I accordingly +recommend the passage of such a law. + +As stated in the report of the Secretary, the tariff of March 3, 1857, has +been in operation for so short a period of time and under circumstances so +unfavorable to a just development of its results as a revenue measure that +I should regard it as inexpedient, at least for the present, to undertake +its revision. + +I transmit herewith the reports made to me by the Secretaries of War and of +the Navy, of the Interior, and of the Postmaster-General. They all contain +valuable and important information and suggestions, which I commend to the +favorable consideration of Congress. + +I have already recommended the raising of four additional regiments, and +the report of the Secretary of War presents strong reasons proving this +increase of the Army under existing circumstances to be indispensable. + +I would call the special attention of Congress to the recommendation of the +Secretary of the Navy in favor of the construction of ten small war +steamers of light draft. For some years the Government has been obliged on +many occasions to hire such steamers from individuals to supply its +pressing wants. At the present moment we have no armed vessel in the Navy +which can penetrate the rivers of China. We have but few which can enter +any of the harbors south of Norfolk, although many millions of foreign and +domestic commerce annually pass in and out of these harbors. Some of our +most valuable interests and most vulnerable points are thus left exposed. +This class of vessels of light draft, great speed, and heavy guns would be +formidable in coast defense. The cost of their construction will not be +great and they will require but a comparatively small expenditure to keep +them in commission. In time of peace they will prove as effective as much +larger vessels and more useful. One of them should be at every station +where we maintain a squadron, and three or four should be constantly +employed on our Atlantic and Pacific coasts. Economy, utility, and +efficiency combine to recommend them as almost indispensable. Ten of these +small vessels would be of incalculable advantage to the naval service, and +the whole cost of their construction would not exceed $2,300,000, or +$230,000 each. + +The report of the Secretary of the Interior is worthy of grave +consideration. It treats of the numerous important and diversified branches +of domestic administration intrusted to him by law. Among these the most +prominent are the public lands and our relations with the Indians. Our +system for the disposal of the public lands, originating with the fathers +of the Republic, has been improved as experience pointed the way, and +gradually adapted to the growth and settlement of our Western States and +Territories. It has worked well in practice. Already thirteen States and +seven Territories have been carved out of these lands, and still more than +a thousand millions of acres remain unsold. What a boundless prospect this +presents to our country of future prosperity and power! + +We have heretofore disposed of 363,862,464 acres of the public land. Whilst +the public lands, as a source of revenue, are of great importance, their +importance is far greater as furnishing homes for a hardy and independent +race of honest and industrious citizens who desire to subdue and cultivate +the soil. They ought to be administered mainly with a view of promoting +this wise and benevolent policy. In appropriating them for any other +purpose we ought to use even greater economy than if they had been +converted into money and the proceeds were already in the public Treasury. +To squander away this richest and noblest inheritance which any people have +ever enjoyed upon objects of doubtful constitutionality or expediency would +be to violate one of the most important trusts ever committed to any +people. Whilst I do not deny to Congress the power, when acting bona fide +as a proprietor, to give away portions of them for the purpose of +increasing the value of the remainder, yet, considering the great +temptation to abuse this power, we can not be too cautious in its exercise. +Actual settlers under existing laws are protected against other purchasers +at the public sales in their right of preemption to the extent of a quarter +section, or 160 acres, of land. The remainder may then be disposed of at +public or entered at private sale in unlimited quantities. Speculation has +of late years prevailed to a great extent in the public lands. The +consequence has been that large portions of them have become the property +of individuals and companies, and thus the price is greatly enhanced to +those who desire to purchase for actual settlement. In order to limit the +area of speculation as much as possible, the extinction of the Indian title +and the extension of the public surveys ought only to keep pace with the +tide of emigration. + +If Congress should hereafter grant alternate sections to States or +companies, as they have done heretofore, I recommend that the intermediate +sections retained by the Government should be subject to preemption by +actual settlers. + +It ought ever to be our cardinal policy to reserve the public lands as much +as may be for actual settlers, and this at moderate prices. We shall thus +not only best promote the prosperity of the new States and Territories and +the power of the Union, but shall secure homes for our posterity for many +generations. + +The extension of our limits has brought within our jurisdiction many +additional and populous tribes of Indians, a large proportion of which are +wild, untractable, and difficult to control. Predatory and warlike in their +disposition and habits, it is impossible altogether to restrain them from +committing aggressions on each other, as well as upon our frontier citizens +and those emigrating to our distant States and Territories. Hence expensive +military expeditions are frequently necessary to overawe and chastise the +more lawless and hostile. The present system of making them valuable +presents to influence them to remain at peace has proved ineffectual. It is +believed to be the better policy to colonize them in suitable localities +where they can receive the rudiments of education and be gradually induced +to adopt habits of industry. So far as the experiment has been tried it has +worked well in practice, and it will doubtless prove to be less expensive +than the present system. + +The whole number of Indians within our territorial limits is believed to +be, from the best data in the Interior Department, about 325,000. The +tribes of Cherokees, Choctaws, Chickasaws, and Creeks settled in the +Territory set apart for them west of Arkansas are rapidly advancing in +education and in all the arts of civilization and self-government and we +may indulge the agreeable anticipation that at no very distant day they +will be incorporated into the Union as one of the sovereign States. + +It will be seen from the report of the Postmaster-General that the +Post-Office Department still continues to depend on the Treasury, as it has +been compelled to do for several years past, for an important portion of +the means of sustaining and extending its operations. Their rapid growth +and expansion are shown by a decennial statement of the number of +post-offices and the length of post-roads, commencing with the year 1827. +In that year there were 7,000 post-offices; in 1837, 11,177; in 1847, +15,146, and in 1857 they number 26,586. In this year 1,725 post-offices +have been established and 704 discontinued, leaving a net increase of +1,021. The postmasters of 368 offices are appointed by the President. + +The length of post-roads in 1827 was 105,336 miles; in 1837,141,242 miles; +in 1847, 153,818 miles, and in the year 1857 there are 242,601 miles of +post-road, including 22,530 miles of railroad on which the mails are +transported. + +The expenditures of the Department for the fiscal year ending on the 30th +June, 1857, as adjusted by the Auditor, amounted to $11,507,670. To defray +these expenditures there was to the credit of the Department on the 1st +July, 1856, the sum of $789,599; the gross revenue of the year, including +the annual allowances for the transportation of free mail matter, produced +$8,053,951, and the remainder was supplied by the appropriation from the +Treasury of $2,250,000 granted by the act of Congress approved August 18, +1856, and by the appropriation of $666,883 made by the act of March 3, +1857, leaving $252,763 to be carried to the credit of the Department in the +accounts of the current year. I commend to your consideration the report of +the Department in relation to the establishment of the overland mail route +from the Mississippi River to San Francisco, Cal. The route was selected +with my full concurrence, as the one, in my judgment, best calculated to +attain the important objects contemplated by Congress. + +The late disastrous monetary revulsion may have one good effect should it +cause both the Government and the people to return to the practice of a +wise and judicious economy both in public and private expenditures. + +An overflowing Treasury has led to habits of prodigality and extravagance +in our legislation. It has induced Congress to make large appropriations to +objects for which they never would have provided had it been necessary to +raise the amount of revenue required to meet them by increased taxation or +by loans. We are now compelled to pause in our career and to scrutinize our +expenditures with the utmost vigilance; and in performing this duty I +pledge my cooperation to the extent of my constitutional competency. + +It ought to be observed at the same time that true public economy does not +consist in withholding the means necessary to accomplish important national +objects intrusted to us by the Constitution, and especially such as may be +necessary for the common defense. In the present crisis of the country it +is our duty to confine our appropriations to objects of this character, +unless in cases where justice to individuals may demand a different course. +In all cases care ought to be taken that the money granted by Congress +shall be faithfully and economically applied. + +Under the Federal Constitution "every bill which shall have passed the +House of Representatives and the Senate shall, before it become a law," be +approved and signed by the President; and if not approved, "he shall return +it with his objections to that House in which it shall have originated." In +order to perform this high and responsible duty, sufficient time must be +allowed the President to read and examine every bill presented to him for +approval. Unless this be afforded, the Constitution becomes a dead letter +in this particular, and; even worse, it becomes a means of deception. Our +constituents, seeing the President's approval and signature attached to +each act of Congress, are induced to believe that he has actually performed +his duty, when in truth nothing is in many cases more unfounded. + +From the practice of Congress such an examination of each bill as the +Constitution requires has been rendered impossible. The most important +business of each session is generally crowded into its last hours, and the +alternative presented to the President is either to violate the +constitutional duty which he owes to the people and approve bills which for +want of time it is impossible he should have examined, or by his refusal to +do this subject the country and individuals to great loss and +inconvenience. + +Besides, a practice has grown up of late years to legislate in +appropriation bills at the last hours of the session on new and important +subjects. This practice constrains the President either to suffer measures +to become laws which he does not approve or to incur the risk of stopping +the wheels of the Government by vetoing an appropriation bill. Formerly +such bills were confined to specific appropriations for carrying into +effect existing laws and the well-established policy of the country, and +little time was then requited by the President for their examination. + +For my own part, I have deliberately determined that I shall approve no +bills which I have not examined, and it will be a case of extreme and most +urgent necessity which shall ever induce me to depart from this rule. I +therefore respectfully but earnestly recommend that the two Houses would +allow the President at least two days previous to the adjournment of each +session within which no new bill shall be presented to him for approval. +Under the existing joint rule one day is allowed, but this rule has been +hitherto so constantly suspended in practice that important bills continue +to be presented to him up till the very last moments of the session. In a +large majority of cases no great public inconvenience can arise from the +want of time to examine their provisions, because the Constitution has +declared that if a bill be presented to the President within the last ten +days of the session he is not required to return it, either with an +approval or with a veto, "in which case it shall not be a law." It may then +lie over and be taken up and passed at the next session. Great +inconvenience would only be experienced in regard to appropriation bills, +but, fortunately, under the late excellent law allowing a salary instead of +a per diem to members of Congress the expense and inconvenience of a called +session will be greatly reduced. + +I can not conclude without commending to your favorable consideration the +interest of the people of this District. Without a representative on the +floor of Congress, they have for this very reason peculiar claims upon our +just regard. To this I know, from my long acquaintance with them, they are +eminently entitled. + +*** + +State of the Union Address +James Buchanan +December 6, 1858 + +Fellow-Citizens of the Senate and House of Representatives: + +When we compare the condition of the country at the present day with what +it was one year ago at the meeting of Congress, we have much reason for +gratitude to that Almighty Providence which has never failed to interpose +for our relief at the most critical periods of our history. One year ago +the sectional strife between the North and the South on the dangerous +subject of slavery had again become so intense as to threaten the peace and +perpetuity of the Confederacy. The application for the admission of Kansas +as a State into the Union fostered this unhappy agitation and brought the +whole subject once more before Congress. It was the desire of every patriot +that such measures of legislation might be adopted as would remove the +excitement from the States and confine it to the Territory where it +legitimately belonged. Much has been done, I am happy to say, toward the +accomplishment of this object during the last session of Congress. The +Supreme Court of the United States had previously decided that all American +citizens have an equal right to take into the Territories whatever is held +as property under the laws of any of the States, and to hold such property +there under the guardianship of the Federal Constitution so long as the +Territorial condition shall remain. + +This is now a well-established position, and the proceedings of the last +session were alone wanting to give it practical effect. The principle has +been recognized in some form or other by an almost unanimous vote of both +Houses of Congress that a Territory has a right to come into the Union +either as a free or a slave State, according to the will of a majority of +its people. The just equality of all the States has thus been vindicated +and a fruitful source of dangerous dissension among them has been removed. + +Whilst such has been the beneficial tendency of your legislative +proceedings outside of Kansas, their influence has nowhere been so happy as +within that Territory itself. Left to manage and control its own affairs in +its own way, without the pressure of external influence, the revolutionary +Topeka organization and all resistance to the Territorial government +established by Congress have been finally abandoned. As a natural +consequence that fine Territory now appears to be tranquil and prosperous +and is attracting increasing thousands of immigrants to make it their happy +home. + +The past unfortunate experience of Kansas has enforced the lesson, so often +already taught, that resistance to lawful authority under our form of +government can not fail in the end to prove disastrous to its authors. Had +the people of the Territory yielded obedience to the laws enacted by their +legislature, it would at the present moment have contained a large +additional population of industrious and enterprising citizens, who have +been deterred from entering its borders by the existence of civil strife +and organized rebellion. + +It was the resistance to rightful authority and the persevering attempts to +establish a revolutionary government under the Topeka constitution which +caused the people of Kansas to commit the grave error of refusing to vote +for delegates to the convention to frame a constitution under a law not +denied to be fair and just in its provisions. This refusal to vote has been +the prolific source of all the evils which have followed, In their +hostility to the Territorial government they disregarded the principle, +absolutely essential to the working of our form of government, that a +majority of those who vote, not the majority who may remain at home, from +whatever cause, must decide the result of an election. For this reason, +seeking to take advantage of their own error, they denied the authority of +the convention thus elected to frame a constitution. + +The convention, notwithstanding, proceeded to adopt a constitution +unexceptionable in its general features, and providing for the submission +of the slavery question to a vote of the people, which, in my opinion, they +were bound to do under the Kansas and Nebraska act. This was the +all-important question which had alone convulsed the Territory; and yet the +opponents of the lawful government, persisting in their first error, +refrained from exercising their right to vote, and preferred that slavery +should continue rather than surrender their revolutionary Topeka +organization. + +A wiser and better spirit seemed to prevail before the first Monday of +January last, when an election was held under the constitution. A majority +of the people then voted for a governor and other State officers, for a +Member of Congress and members of the State legislature. This election was +warmly contested by the two political parties in Kansas, and a greater vote +was polled than at any previous election. A large majority of the members +of the legislature elect belonged to that party which had previously +refused to vote. The antislavery party were thus placed in the ascendant, +and the political power of the State was in their own hands. Had Congress +admitted Kansas into the Union under the Lecompton constitution, the +legislature might at its very first session have submitted the question to +a vote of the people whether they would or would not have a convention to +amend their constitution, either on the slavery or any other question, and +have adopted all necessary means for giving speedy effect to the will of +the majority. Thus the Kansas question would have been immediately and +finally settled. + +Under these circumstances I submitted to Congress the constitution thus +framed, with all the officers already elected necessary to put the State +government into operation, accompanied by a strong recommendation in favor +of the admission of Kansas as a State. In the course of my long public life +I have never performed any official act which in the retrospect has +afforded me more heartfelt satisfaction. Its admission could have inflicted +no possible injury on any human being, whilst it would within a brief +period have restored peace to Kansas and harmony to the Union. In that +event the slavery question would ere this have been finally settled +according to the legally expressed will of a majority of the voters, and +popular sovereignty would thus have been vindicated in a constitutional +manner. + +With my deep convictions of duty I could have pursued no other course. It +is true that as an individual I had expressed an opinion, both before and +during the session of the convention, in favor of submitting the remaining +clauses of the constitution, as well as that concerning slavery, to the +people. But, acting in an official character, neither myself nor any human +authority had the power to rejudge the proceedings of the convention and +declare the constitution which it had framed to be a nullity. To have done +this would have been a violation of the Kansas and Nebraska act, which left +the people of the Territory "perfectly free to form and regulate their +domestic institutions in their own way, subject only to the Constitution of +the United States." It would equally have violated the great principle of +popular sovereignty, at the foundation of our institutions, to deprive the +people of the power, if they thought proper to exercise it, of confiding to +delegates elected by themselves the trust of framing a constitution without +requiring them to subject their constituents to the trouble, expense, and +delay of a second election. It would have been in opposition to many +precedents in our history, commencing in the very best age of the Republic, +of the admission of Territories as States into the Union without a previous +vote of the people approving their constitution. + +It is to be lamented that a question so insignificant when viewed in its +practical effects on the people of Kansas, whether decided one way or the +other, should have kindled such a flame of excitement throughout the +country. This reflection may prove to be a lesson of wisdom and of warning +for our future guidance. Practically considered, the question is simply +whether the people of that Territory should first come into the Union and +then change any provision in their constitution not agreeable to +themselves, or accomplish the very same object by remaining out of the +Union and framing another constitution in accordance with their will. In +either case the result would be precisely the same. The only difference, in +point of fact, is that the object would have been much sooner attained and +the pacification of Kansas more speedily effected had it been admitted as a +State during the last session of Congress. + +My recommendation, however, for the immediate admission of Kansas failed to +meet the approbation of Congress. They deemed it wiser to adopt a different +measure for the settlement of the question. For my own part, I should have +been willing to yield my assent to almost any constitutional measure to +accomplish this object. I therefore cordially acquiesced in what has been +called the English compromise and approved the "act for the admission of +the State of Kansas into the Union" upon the terms therein prescribed. + +Under the ordinance which accompanied the Lecompton constitution the people +of Kansas had claimed double the quantity of public lands for the support +of common schools which had ever been previously granted to any State upon +entering the Union, and also the alternate sections of land for 12 miles on +each side of two railroads proposed to be constructed from the northern to +the southern boundary and from the eastern to the western boundary of the +State. Congress, deeming these claims unreasonable, provided by the act of +May 4, 1858, to which I have just referred, for the admission of the State +on an equal footing with the original States, but "upon the fundamental +condition precedent" that a majority of the people thereof, at an election +to be held for that purpose, should, in place of the very large grants of +public lands which they had demanded under the ordinance, accept such +grants as had been made to Minnesota and other new States. Under this act, +should a majority reject the proposition offered them, "it shall be deemed +and held that the people of Kansas do not desire admission into the Union +with said constitution under the conditions set forth in said proposition." +In that event the act authorizes the people of the Territory to elect +delegates to form a constitution and State government for themselves +"whenever, and not before, it is ascertained by a census, duly and legally +taken, that the population of said Territory equals or exceeds the ratio of +representation required for a member of the House of Representatives of the +Congress of the United States." The delegates thus assembled "shall first +determine by a vote whether it is the wish of the people of the proposed +State to be admitted into the Union at that time, and, if so, shall proceed +to form a constitution and take all necessary steps for the establishment +of a State government in conformity with the Federal Constitution." After +this constitution shall have been formed, Congress, carrying out the +principles of popular sovereignty and nonintervention, have left "the mode +and manner of its approval or ratification by the people of the proposed +State" to be "prescribed by law," and they "shall then be admitted into the +Union as a State under such constitution, thus fairly and legally made, +with or without slavery, as said constitution may prescribe." + +An election was held throughout Kansas, in pursuance of the provisions of +this act, on the 2d day of August last, and it resulted in the rejection by +a large majority of the proposition submitted to the people by Congress. +This being the case, they are now authorized to form another constitution, +preparatory to admission into the Union, but not until their number, as +ascertained by a census, shall equal or exceed the ratio required to elect +a member to the House of Representatives. + +It is not probable, in the present state of the case, that a third +constitution can be lawfully framed and presented to Congress by Kansas +before its population shall have reached the designated number. Nor is it +to be presumed that after their sad experience in resisting the Territorial +laws they will attempt to adopt a constitution in express violation of the +provisions of an act of Congress. During the session of 1856 much of the +time of Congress was occupied on the question of admitting Kansas under the +Topeka constitution. Again, nearly the whole of the last session was +devoted to the question of its admission under the Lecompton constitution. +Surely it is not unreasonable to require the people of Kansas to wait +before making a third attempt until the number of their inhabitants shall +amount to 93,420. During this brief period the harmony of the States as +well as the great business interests of the country demand that the people +of the Union shall not for a third time be convulsed by another agitation +on the Kansas question. By waiting for a short time and acting in obedience +to law Kansas will glide into the Union without the slightest impediment. + +This excellent provision, which Congress have applied to Kansas, ought to +be extended and rendered applicable to all Territories which may hereafter +seek admission into the Union. + +Whilst Congress possess the undoubted power of admitting a new State into +the Union, however small may be the number of its inhabitants, yet this +power ought not, in my opinion, to be exercised before the population shall +amount to the ratio required by the act for the admission of Kansas. Had +this been previously the rule, the country would have escaped all the evils +and misfortunes to which it has been exposed by the Kansas question. + +Of course it would be unjust to give this rule a retrospective application, +and exclude a State which, acting upon the past practice of the Government, +has already formed its constitution, elected its legislature and other +officers, and is now prepared to enter the Union. The rule ought to be +adopted, whether we consider its bearing on the people of the Territories +or upon the people of the existing States. Many of the serious dissentions +which have prevailed in Congress and throughout the country would have been +avoided had this rule been established at an earlier period of the +Government. + +Immediately upon the formation of a new Territory people from different +States and from foreign countries rush into it for the laudable purpose of +improving their condition. Their first duty to themselves is to open and +cultivate farms, to construct roads, to establish schools, to erect places +of religious worship, and to devote their energies generally to reclaim the +wilderness and to lay the foundations of a flourishing and prosperous +commonwealth. If in this incipient condition, with a population of a few +thousand, they should prematurely enter the Union, they are oppressed by +the burden of State taxation, and the means necessary for the improvement +of the Territory and the advancement of their own interests are thus +diverted to very different purposes. + +The Federal Government has ever been a liberal parent to the Territories +and a generous contributor to the useful enterprises of the early settlers. +It has paid the expenses of their governments and legislative assemblies +out of the common Treasury, and thus relieved them from a heavy charge. +Under these circumstances nothing can be better calculated to retard their +material progress than to divert them from their useful employments by +prematurely exciting angry political contests among themselves for the +benefit of aspiring leaders. It is surely no hardship for embryo governors, +Senators, and Members of Congress to wait until the number of inhabitants +shall equal those of a single Congressional district. They surely ought not +to be permitted to rush into the Union with a population less than one-half +of several of the large counties in the interior of some of the States. +This was the condition of Kansas when it made application to be admitted +under the Topeka constitution. Besides, it requires some time to render the +mass of a population collected in a new Territory at all homogeneous and to +unite them on anything like a fixed policy. Establish the rule, and all +will look forward to it and govern themselves accordingly. But justice to +the people of the several States requires that this rule should be +established by Congress. Each State is entitled to two Senators and at +least one Representative in Congress. Should the people of the States fail +to elect a Vice-President, the power devolves upon the Senate to select +this officer from the two highest candidates on the list. In case of the +death of the President, the Vice-President thus elected by the Senate +becomes President of the United States. On all questions of legislation the +Senators from the smallest States of the Union have an equal vote with +those from the largest. The same may be said in regard to the ratification +of treaties and of Executive appointments. All this has worked admirably in +practice, whilst it conforms in principle with the character of a +Government instituted by sovereign States. I presume no American citizen +would desire the slightest change in the arrangement. Still, is it not +unjust and unequal to the existing States to invest some 40,000 or 50,000 +people collected in a Territory with the attributes of sovereignty and +place them on an equal footing with Virginia and New York in the Senate of +the United States? + +For these reasons I earnestly recommend the passage of a general act which +shall provide that, upon the application of a Territorial legislature +declaring their belief that the Territory contains a number of inhabitants +which, if in a State, would entitle them to elect a Member of Congress, it +shall be the duty of the President to cause a census of the inhabitants to +be taken, and if found sufficient then by the terms of this act to +authorize them to proceed "in their own way" to frame a State constitution +preparatory to admission into the Union. I also recommend that an +appropriation may be made to enable the President to take a census of the +people of Kansas. + +The present condition of the Territory of Utah, when contrasted with what +it was one year ago, is a subject for congratulation. It was then in a +state of open rebellion, and, cost what it might, the character of the +Government required that this rebellion should be suppressed and the +Mormons compelled to yield obedience to the Constitution and the laws. In +order to accomplish this object, as I informed you in my last annual +message, I appointed a new governor instead of Brigham Young, and other +Federal officers to take the place of those who, consulting their personal +safety, had found it necessary to withdraw from the Territory. + +To protect these civil officers, and to aid them, as a posse comitatus, in +the execution of the laws in case of need, I ordered a detachment of the +Army to accompany them to Utah. The necessity for adopting these measures +is now demonstrated. + +On the 15th of September, 1857, Governor Young issued his proclamation, in +the style of an independent sovereign, announcing his purpose to resist by +force of arms the entry of the United States troops into our own Territory +of Utah. By this he required all the forces in the Territory to "hold +themselves in readiness to march at a moment's notice to repel any and all +such invasion," and established martial law from its date throughout the +Territory. These proved to be no idle threats. Forts Bridger and Supply +were vacated and burnt down by the Mormons to deprive our troops of a +shelter after their long and fatiguing march. Orders were issued by Daniel +H. Wells, styling himself "Lieutenant General, Nauvoo Legion," to stampede +the animals of the United States troops on their march, to set fire to +their trains, to burn the grass and the whole country before them and on +their flanks, to keep them from sleeping by night surprises, and to +blockade the road by felling trees and destroying the fords of rivers, +etc. + +These orders were promptly and effectually obeyed. On the 4th of October, +1857, the Mormons captured and burned, on Green River, three of our supply +trains, consisting of seventy-five wagons loaded with provisions and tents +for the army, and carried away several hundred animals. This diminished the +supply of provisions so materially that General Johnston was obliged to +reduce the ration, and even with this precaution there was only sufficient +left to subsist the troops until the 1st of June. + +Our little army behaved admirably in their encampment at Fort Bridger under +these trying privations. In the midst of the mountains, in a dreary, +unsettled, and inhospitable region, more than a thousand miles from home, +they passed the severe and inclement winter without a murmur. They looked +forward with confidence for relief from their country in due season, and in +this they were not disappointed. The Secretary of War employed all his +energies to forward them the necessary supplies and to muster and send such +a military force to Utah as would render resistance on the part of the +Mormons hopeless, and thus terminate the war without the effusion of blood. +In his efforts he was efficiently sustained by Congress. They granted +appropriations sufficient to cover the deficiency thus necessarily created, +and also provided for raising two regiments of volunteers "for the purpose +of quelling disturbances in the Territory of Utah, for the protection of +supply and emigrant trains, and the suppression of Indian hostilities on +the frontiers." Happily, there was no occasion to call these regiments into +service. If there had been, I should have felt serious embarrassment in +selecting them, so great was the number of our brave and patriotic citizens +anxious to serve their country in this distant and apparently dangerous +expedition. Thus it has ever been, and thus may it ever be. + +The wisdom and economy of sending sufficient reenforcements to Utah are +established, not only by the event, but in the opinion of those who from +their position and opportunities are the most capable of forming a correct +judgment. General Johnston, the commander of the forces, in addressing the +Secretary of War from Fort Bridger under date of October 18, 1857, +expresses the opinion that "unless a large force is sent here, from the +nature of the country a protracted war on their [the Mormons's] part is +inevitable." This he considered necessary to terminate the war "speedily +and more economically than if attempted by insufficient means." + +In the meantime it was my anxious desire that the Mormons should yield +obedience to the Constitution and the laws without rendering it necessary +to resort to military force. To aid in accomplishing this object, I deemed +it advisable in April last to dispatch two distinguished citizens of the +United States, Messrs. Powell and McCulloch, to Utah. They bore with them a +proclamation addressed by myself to the inhabitants of Utah, dated on the +6th day of that month, warning them of their true condition and how +hopeless it was on their part to persist in rebellion against the United +States, and offering all those who should submit to the laws a full pardon +for their past seditions and treasons. At the same time I assured those who +should persist in rebellion against the United States that they must expect +no further lenity, but look to be rigorously dealt with according to their +deserts. The instructions to these agents, as well as a copy of the +proclamation and their reports, are herewith submitted. It will be seen by +their report of the 3d of July last that they have fully confirmed the +opinion expressed by General Johnston in the previous October as to the +necessity of sending reenforcements to Utah. In this they state that they +"are firmly impressed with the belief that the presence of the Army here +and the large additional force that had been ordered to this Territory were +the chief inducements that caused the Mormons to abandon the idea of +resisting the authority of the United States. A less decisive policy would +probably have resulted in a long, bloody, and expensive war." + +These gentlemen conducted themselves to my entire satisfaction and rendered +useful services in executing the humane intentions of the Government. + +It also affords me great satisfaction to state that Governor Cumming has +performed his duty in an able and conciliatory manner and with the happiest +effect. I can not in this connection refrain from mentioning the valuable +services of Colonel Thomas L. Kane, who, from motives of pure benevolence +and without any official character or pecuniary compensation, visited Utah +during the last inclement winter for the purpose of contributing to the +pacification of the Territory. + +I am happy to inform you that the governor and other civil officers of Utah +are now performing their appropriate functions without resistance. The +authority of the Constitution and the laws has been fully restored and +peace prevails throughout the Territory. A portion of the troops sent to +Utah are now encamped in Cedar Valley, 44 miles southwest of Salt Lake +City, and the remainder have been ordered to Oregon to suppress Indian +hostilities. + +The march of the army to Salt Lake City through the Indian Territory has had +a powerful effect in restraining the hostile feelings against the United +States which existed among the Indians in that region and in securing +emigrants to the far West against their depredations. This will also be the +means of establishing military posts and promoting settlements along the +route. I recommend that the benefits of our land laws and preemption system +be extended to the people of Utah by the establishment of a land office in +that Territory. + +I have occasion also to congratulate you on the result of our negotiations +with China. + +You were informed by my last annual message that our minister had been +instructed to occupy a neutral position in the hostilities conducted by +Great Britain and France against Canton. He was, however, at the same time +directed to cooperate cordially with the British and French ministers in +all peaceful measures to secure by treaty those just concessions to foreign +commerce which the nations of the world had a right to demand. It was +impossible for me to proceed further than this on my own authority without +usurping the war-making power, which under the Constitution belongs +exclusively to Congress. + +Besides, after a careful examination of the nature and extent of our +grievances, I did not believe they were of such a pressing and aggravated +character as would have justified Congress in declaring war against the +Chinese Empire without first making another earnest attempt to adjust them +by peaceful negotiation. I was the more inclined to this opinion because of +the severe chastisement which had then but recently been inflicted upon the +Chinese by our squadron in the capture and destruction of the Barrier forts +to avenge an alleged insult to our flag. The event has proved the wisdom of +our neutrality. Our minister has executed his instructions with eminent +skill and ability. In conjunction with the Russian plenipotentiary, he has +peacefully, but effectually, cooperated with the English and French +plenipotentiaries, and each of the four powers has concluded a separate +treaty with China of a highly satisfactory character. The treaty concluded +by our own plenipotentiary will immediately be submitted to the Senate. + +I am happy to announce that through the energetic yet conciliatory efforts +of our consul-general in Japan a new treaty has been concluded with that +Empire, which may be expected materially to augment our trade and +intercourse in that quarter and remove from our countrymen the disabilities +which have heretofore been imposed upon the exercise of their religion. The +treaty shall be submitted to the Senate for approval without delay. + +It is my earnest desire that every misunderstanding with the Government of +Great Britain should be amicably and speedily adjusted. It has been the +misfortune of both countries, almost ever since the period of the +Revolution, to have been annoyed by a succession of irritating and +dangerous questions, threatening their friendly relations. This has +partially prevented the full development of those feelings of mutual +friendship between the people of the two countries so natural in themselves +and so conducive to their common interest. Any serious interruption of the +commerce between the United States and Great Britain would be equally +injurious to both. In fact, no two nations have ever existed on the face of +the earth which could do each other so much good or so much harm. + +Entertaining these sentiments, I am gratified to inform you that the +long-pending controversy between the two Governments in relation to the +question of visitation and search has been amicably adjusted. The claim on +the part of Great Britain forcibly to visit American vessels on the high +seas in time of peace could not be sustained under the law of nations, and +it had been overruled by her own most eminent jurists. This question was +recently brought to an issue by the repeated acts of British cruisers in +boarding and searching our merchant vessels in the Gulf of Mexico and the +adjacent seas. These acts were the more injurious and annoying, as these +waters are traversed by a large portion of the commerce and navigation of +the United States and their free and unrestricted use is essential to the +security of the coastwise trade between the different States of the Union. +Such vexatious interruptions could not fail to excite the feelings of the +country and to require the interposition of the Government. Remonstrances +were addressed to the British Government against these violations of our +rights of sovereignty, and a naval force was at the same time ordered to +the Cuban waters with directions "to protect all vessels of the United +States on the high seas from search or detention by the vessels of war of +any other nation." These measures received the unqualified and even +enthusiastic approbation of the American people. Most fortunately, however, +no collision took place, and the British Government promptly avowed its +recognition of the principles of international law upon this subject as +laid down by the Government of the United States in the note of the +Secretary of State to the British minister at Washington of April 10, 1858, +which secure the vessels of the United States upon the high seas from +visitation or search in time of peace under any circumstances whatever. The +claim has been abandoned in a manner reflecting honor on the British +Government and evincing a just regard for the law of nations, and can not +fail to strengthen the amicable relations between the two countries. + +The British Government at the same time proposed to the United States that +some mode should be adopted, by mutual arrangement between the two +countries, of a character which may be found effective without being +offensive, for verifying the nationality of vessels suspected on good +grounds of carrying false colors. They have also invited the United States +to take the initiative and propose measures for this purpose. Whilst +declining to assume so grave a responsibility, the Secretary of State has +informed the British Government that we are ready to receive any proposals +which they may feel disposed to offer having this object in view, and to +consider them in an amicable spirit. A strong opinion is, however, +expressed that the occasional abuse of the flag of any nation is an evil +far less to be deprecated than would be the establishment of any +regulations which might be incompatible with the freedom of the seas. This +Government has yet received no communication specifying the manner in which +the British Government would propose to carry out their suggestion, and I +am inclined to believe that no plan which can be devised will be free from +grave embarrassments. Still, I shall form no decided opinion on the subject +until I shall have carefully and in the best spirit examined any proposals +which they may think proper to make. + +I am truly sorry I can not also inform you that the complications between +Great Britain and the United States arising out of the Clayton and Bulwer +treaty of April, 1850, have been finally adjusted. + +At the commencement of your last session I had reason to hope that, +emancipating themselves from further unavailing discussions, the two +Governments would proceed to settle the Central American questions in a +practical manner, alike honorable and satisfactory to both; and this hope I +have not yet abandoned. In my last annual message I stated that overtures +had been made by the British Government for this purpose in a friendly +spirit, which I cordially reciprocated. Their proposal was to withdraw +these questions from direct negotiation between the two Governments, but to +accomplish the same object by a negotiation between the British Government +and each of the Central American Republics whose territorial interests are +immediately involved. The settlement was to be made in accordance with the +general tenor of the interpretation placed upon the Clayton and Bulwer +treaty by the United States, with certain modifications. As negotiations +are still pending upon this basis, it would not be proper for me now to +communicate their present condition. A final settlement of these questions +is greatly to be desired, as this would wipe out the last remaining subject +of dispute between the two countries. + +Our relations with the great Empires of France and Russia, as well as with +all other Governments on the continent of Europe, except that of Spain, +continue to be of the most friendly character. + +With Spain our relations remain in an unsatisfactory condition. In my +message of December last I informed you that our envoy extraordinary and +minister plenipotentiary to Madrid had asked for his recall, and it was my +purpose to send out a new minister to that Court with special instructions +on all questions pending between the two Governments, and with a +determination to have them speedily and amicably adjusted if that were +possible. This purpose has been hitherto defeated by causes which I need +not enumerate. The mission to Spain has been intrusted to a distinguished +citizen of Kentucky, who will proceed to Madrid without delay and make +another and a final attempt to obtain justice from that Government. + +Spanish officials under the direct control of the Captain-General of Cuba +have insulted our national flag and in repeated instances have from time to +time inflicted injuries on the persons and property of our citizens. These +have given birth to numerous claims against the Spanish Government, the +merits of which have been ably discussed for a series of years by our +successive diplomatic representatives. Notwithstanding this, we have not +arrived at a practical result in any single instance, unless we may except +the case of the Black Warrior, under the late Administration, and that +presented an outrage of such a character as would have justified an +immediate resort to war. All our attempts to obtain redress have been +baffled and defeated. The frequent and oft-recurring changes in the Spanish +ministry have been employed as reasons for delay. We have been compelled to +wait again and again until the new minister shall have had time to +investigate the justice of our demands. + +Even what have been denominated "the Cuban claims," in which more than 100 +of our citizens are directly interested, have furnished no exception. These +claims were for the refunding of duties unjustly exacted from American +vessels at different custom-houses in Cuba so long ago as the year 1844. +The principles upon which they rest are so manifestly equitable and just +that, after a period of nearly ten years, in 1854 they were recognized by +the Spanish Government. Proceedings were afterwards instituted to ascertain +their amount, and this was finally fixed, according to their own statement +(with which we were satisfied), at the sum of $128,635.54. Just at the +moment, after a delay of fourteen years, when we had reason to expect that +this sum would be repaid with interest, we have received a proposal +offering to refund one-third of that amount ($42,878.41), but without +interest, if we would accept this in full satisfaction. The offer is also +accompanied by a declaration that this indemnification is not founded on +any reason of strict justice, but is made as a special favor. + +One alleged cause for procrastination in the examination and adjustment of +our claims arises from an obstacle which it is the duty of the Spanish +Government to remove. Whilst the Captain-General of Cuba is invested with +general despotic authority in the government of that island, the power is +withheld from him to examine and redress wrongs committed by officials +under his control on citizens of the United States. Instead of making our +complaints directly to him at Havana, we are obliged to present them +through our minister at Madrid. These are then referred back to the +Captain-General for information, and much time is thus consumed in +preliminary investigations and correspondence between Madrid and Cuba +before the Spanish Government will consent to proceed to negotiation. Many +of the difficulties between the two Governments would be obviated and a +long train of negotiation avoided if the Captain-General were invested with +authority to settle questions of easy solution on the spot, where all the +facts are fresh and could be promptly and satisfactorily ascertained. We +have hitherto in vain urged upon the Spanish Government to confer this +power upon the Captain-General, and our minister to Spain will again be +instructed to urge this subject on their notice. In this respect we occupy +a different position from the powers of Europe. Cuba is almost within sight +of our shores; our commerce with it is far greater than that of any other +nation, including Spain itself, and our citizens are in habits of daily and +extended personal intercourse with every part of the island. It is +therefore a great grievance that when any difficulty occurs, no matter how +unimportant, which might be readily settled at the moment, we should be +obliged to resort to Madrid, especially when the very first step to be +taken there is to refer it back to Cuba. + +The truth is that Cuba, in its existing colonial condition, is a constant +source of injury and annoyance to the American people. It is the only spot +in the civilized world where the African slave trade is tolerated, and we +are bound by treaty with Great Britain to maintain a naval force on the +coast of Africa, at much expense both of life and treasure, solely for the +purpose of arresting slavers bound to that island. The late serious +difficulties between the United States and Great Britain respecting the +right of search, now so happily terminated, could never have arisen if Cuba +had not afforded a market for slaves. As long as this market shall remain +open there can be no hope for the civilization of benighted Africa. Whilst +the demand for slaves continues in Cuba wars will be waged among the petty +and barbarous chiefs in Africa for the purpose of seizing subjects to +supply this trade. In such a condition of affairs it is impossible that the +light of civilization and religion can ever penetrate these dark abodes. + +It has been made known to the world by my predecessors that the United +States have on several occasions endeavored to acquire Cuba from Spain by +honorable negotiation. If this were accomplished, the last relic of the +African slave trade would instantly disappear. We would not, if we could, +acquire Cuba in any other manner. This is due to our national character. +All the territory which we have acquired since the origin of the Government +has been by fair purchase from France, Spain, and Mexico or by the free and +voluntary act of the independent State of Texas in blending her destinies +with our own. This course we shall ever pursue, unless circumstances should +occur which we do not now anticipate, rendering a departure from it clearly +justifiable under the imperative and overruling law of self-preservation. +The island of Cuba, from its geographical position, commands the mouth of +the Mississippi and the immense and annually increasing trade, foreign and +coastwise, from the valley of that noble river, now embracing half the +sovereign States of the Union. With that island under the dominion of a +distant foreign power this trade, of vital importance to these States, is +exposed to the danger of being destroyed in time of war, and it has +hitherto been subjected to perpetual injury and annoyance in time of peace. +Our relations with Spain, which ought to be of the most friendly character, +must always be placed in jeopardy whilst the existing colonial government +over the island shall remain in its present condition. + +Whilst the possession of the island would be of vast importance to the +United States, its value to Spain is comparatively unimportant. Such was +the relative situation of the parties when the great Napoleon transferred +Louisiana to the United States. Jealous as he ever was of the national +honor and interests of France, no person throughout the world has imputed +blame to him for accepting a pecuniary equivalent for this cession. + +The publicity which has been given to our former negotiations upon this +subject and the large appropriation which may be required to effect the +purpose render it expedient before making another attempt to renew the +negotiation that I should lay the whole subject before Congress. This is +especially necessary, as it may become indispensable to success that I +should be intrusted with the means of making an advance to the Spanish +Government immediately after the signing of the treaty, without awaiting +the ratification of it by the Senate. I am encouraged to make this +suggestion by the example of Mr. Jefferson previous to the purchase of +Louisiana from France and by that of Mr. Polk in view of the acquisition of +territory from Mexico. I refer the whole subject to Congress and commend it +to their careful consideration. + +I repeat the recommendation made in my message of December last in favor of +an appropriation "to be paid to the Spanish Government for the purpose of +distribution among the claimants in the Amistad case." President Polk first +made a similar recommendation in December, 1847, and it was repeated by my +immediate predecessor in December, 1853. I entertain no doubt that +indemnity is fairly due to these claimants under our treaty with Spain of +October 27, 1795; and whilst demanding justice we ought to do justice. An +appropriation promptly made for this purpose could not fail to exert a +favorable influence on our negotiations with Spain. + +Our position in relation to the independent States south of us on this +continent, and especially those within the limits of North America, is of a +peculiar character. The northern boundary of Mexico is coincident with our +own southern boundary from ocean to ocean, and we must necessarily feel a +deep interest in all that concerns the well-being and the fate of so near a +neighbor. We have always cherished the kindest wishes for the success of +that Republic, and have indulged the hope that it might at last, after all +its trials, enjoy peace and prosperity under a free and stable government. +We have never hitherto interfered, directly or indirectly, with its +internal affairs, and it is a duty which we owe to ourselves to protect the +integrity of its territory against the hostile interference of any other +power. Our geographical position, our direct interest in all that concerns +Mexico, and our well-settled policy in regard to the North American +continent render this an indispensable duty. + +Mexico has been in a state of constant revolution almost ever since it +achieved its independence. One military leader after another has usurped +the Government in rapid succession, and the various constitutions from time +to time adopted have been set at naught almost as soon as they were +proclaimed. The successive Governments have afforded no adequate +protection, either to Mexican citizens or foreign residents, against +lawless violence. Heretofore a seizure of the capital by a military +chieftain has been generally followed by at least the nominal submission of +the country to his rule for a brief period, but not so at the present +crisis of Mexican affairs. A civil war has been raging for some time +throughout the Republic between the central Government at the City of +Mexico, which has endeavored to subvert the constitution last framed by +military power, and those who maintain the authority of that constitution. +The antagonist parties each hold possession of different States of the +Republic, and the fortunes of the war are constantly changing. Meanwhile +the most reprehensible means have been employed by both parties to extort +money from foreigners, as well as natives, to carry on this ruinous +contest. The truth is that this fine country, blessed with a productive +soil and a benign climate, has been reduced by civil dissension to a +condition of almost hopeless anarchy and imbecility. It would be vain for +this Government to attempt to enforce payment in money of the claims of +American citizens, now amounting to more than $10,000,000, against Mexico, +because she is destitute of all pecuniary means to satisfy these demands. + +Our late minister was furnished with ample powers and instructions for the +adjustment of all pending questions with the central Government of Mexico, +and he performed his duty with zeal and ability. The claims of our +citizens, some of them arising out of the violation of an express provision +of the treaty of Guadalupe Hidalgo, and others from gross injuries to +persons as well as property, have remained unredressed and even unnoticed. +Remonstrances against these grievances have been addressed without effect +to that Government. Meantime in various parts of the Republic instances +have been numerous of the murder, imprisonment, and plunder of our citizens +by different parties claiming and exercising a local jurisdiction; but the +central Government, although repeatedly urged thereto, have made no effort +either to punish the authors of these outrages or to prevent their +recurrence. No American citizen can now visit Mexico on lawful business +without imminent danger to his person and property. There is no adequate +protection to either, and in this respect our treaty with that Republic is +almost a dead letter. + +This state of affairs was brought to a crisis in May last by the +promulgation of a decree levying a contribution pro rata upon all the +capital in the Republic between certain specified amounts, whether held by +Mexicans or foreigners. Mr. Forsyth, regarding this decree in the light of +a "forced loan," formally protested against its application to his +countrymen and advised them not to pay the contribution, but to suffer it +to be forcibly exacted. Acting upon this advice, an American citizen +refused to pay the contribution, and his property was seized by armed men +to satisfy the amount. Not content with this, the Government proceeded +still further and issued a decree banishing him from the country. Our +minister immediately notified them that if this decree should be carried +into execution he would feel it to be his duty to adopt "the most decided +measures that belong to the powers and obligations of the representative +office." Notwithstanding this warning, the banishment was enforced, and Mr. +Forsyth promptly announced to the Government the suspension of the +political relations of his legation with them until the pleasure of his own +Government should be ascertained. + +This Government did not regard the contribution imposed by the decree of +the 15th May last to be in strictness a "forced loan," and as such +prohibited by the tenth article of the treaty of 1826 between Great Britain +and Mexico, to the benefits of which American citizens are entitled by +treaty; yet the imposition of the contribution upon foreigners was +considered an unjust and oppressive measure. Besides, internal factions in +other parts of the Republic were at the same time levying similar exactions +upon the property of our citizens and interrupting their commerce. There +had been an entire failure on the part of our minister to secure redress +for the wrongs which our citizens had endured, notwithstanding his +persevering efforts. And from the temper manifested by the Mexican +Government he had repeatedly assured us that no favorable change could be +expected until the United States should "give striking evidence of their +will and power to protect their citizens," and that "severe chastening is +the only earthly remedy for our grievances." From this statement of facts +it would have been worse than idle to direct Mr. Forsyth to retrace his +steps and resume diplomatic relations with that Government, and it was +therefore deemed proper to sanction his withdrawal of the legation from the +City of Mexico. + +Abundant cause now undoubtedly exists for a resort to hostilities against +the Government still holding possession of the capital. Should they succeed +in subduing the constitutional forces, all reasonable hope will then have +expired of a peaceful settlement of our difficulties. On the other hand, +should the constitutional party prevail and their authority be established +over the Republic, there is reason to hope that they will be animated by a +less unfriendly spirit and may grant that redress to American citizens +which justice requires so far as they may possess the means. But for this +expectation I should at once have recommended to Congress to grant the +necessary power to the President to take possession of a sufficient portion +of the remote and unsettled territory of Mexico, to be held in pledge until +our injuries shall be redressed and our just demands be satisfied. We have +already exhausted every milder means of obtaining justice. In such a case +this remedy of reprisals is recognized by the law of nations, not only as +just in itself, but as a means of preventing actual war. + +But there is another view of our relations with Mexico, arising from the +unhappy condition of affairs along our southwestern frontier, which demands +immediate action. In that remote region, where there are but few white +inhabitants, large bands of hostile and predatory Indians roam +promiscuously over the Mexican States of Chihuahua and Sonora and our +adjoining Territories. The local governments of these States are perfectly +helpless and are kept in a state of constant alarm by the Indians. They +have not the power, if they possessed the will, even to restrain lawless +Mexicans from passing the border and committing depredations on our remote +settlers. A state of anarchy and violence prevails throughout that distant +frontier. The laws are a dead letter and life and property wholly insecure. +For this reason the settlement of Arizona is arrested, whilst it is of +great importance that a chain of inhabitants should extend all along its +southern border sufficient for their own protection and that of the United +States mail passing to and from California. Well-founded apprehensions are +now entertained that the Indians and wandering Mexicans, equally lawless, +may break up the important stage and postal communication recently +established between our Atlantic and Pacific possessions. This passes very +near to the Mexican boundary throughout the whole length of Arizona. I can +imagine no possible remedy for these evils and no mode of restoring law and +order on that remote and unsettled frontier but for the Government of the +United States to assume a temporary protectorate over the northern portions +of Chihuahua and Sonora and to establish military posts within the same; +and this I earnestly recommend to Congress. This protection may be +withdrawn as soon as local governments shall be established in these +Mexican States capable of performing their duties to the United States, +restraining the lawless, and preserving peace along the border. + +I do not doubt that this measure will be viewed in a friendly spirit by the +governments and people of Chihuahua and Sonora, as it will prove equally +effectual for the protection of their citizens on that remote and lawless +frontier as for citizens of the United States. And in this connection +permit me to recall your attention to the condition of Arizona. The +population of that Territory, numbering, as is alleged, more than 10,000 +souls, are practically without a government, without laws, and without any +regular administration of justice. Murder and other crimes are committed +with impunity. This state of things calls loudly for redress, and I +therefore repeat my recommendation for the establishment of a Territorial +government over Arizona. + +The political condition of the narrow isthmus of Central America, through +which transit routes pass between the Atlantic and Pacific oceans, presents +a subject of deep interest to all commercial nations. It is over these +transits that a large proportion of the trade and travel between the +European and Asiatic continents is destined to pass. To the United States +these routes are of incalculable importance as a means of communication +between their Atlantic and Pacific possessions. The latter now extend +throughout seventeen degrees of latitude on the Pacific coast, embracing +the important State of California and the flourishing territories of Oregon +and Washington. All commercial nations therefore have a deep and direct +interest that these communications shall be rendered secure from +interruption. If an arm of the sea connecting the two oceans penetrated +through Nicaragua and Costa Rica, it could not be pretended that these +States would have the right to arrest or retard its navigation to the +injury of other nations. The transit by land over this narrow isthmus +occupies nearly the same position. It is a highway in which they themselves +have little interest when compared with the vast interests of the rest of +the world. Whilst their rights of sovereignty ought to be respected, it is +the duty of other nations to require that this important passage shall not +be interrupted by the civil wars and revolutionary outbreaks which have so +frequently occurred in that region. The stake is too important to be left +at the mercy of rival companies claiming to hold conflicting contracts with +Nicaragua. The commerce of other nations is not to stand still and await +the adjustment of such petty controversies. The Government of the United +States expect no more than this, and they will not be satisfied with less. +They would not, if they could, derive any advantage from the Nicaragua +transit not common to the rest of the World. Its neutrality and protection +for the common use of all nations is their only object. They have no +objection that Nicaragua shall demand and receive a fair compensation from +the companies and individuals who may traverse the route, but they insist +that it shall never hereafter be closed by an arbitrary decree of that +Government. If disputes arise between it and those with whom they may have +entered into contracts, these must be adjusted by some fair tribunal +provided for the purpose, and the route must not be closed pending the +controversy. This is our whole policy, and it can not fail to be acceptable +to other nations. + +All these difficulties might be avoided if, consistently with the good +faith of Nicaragua, the use of this transit could be thrown open to general +competition, providing at the same time for the payment of a reasonable +rate to the Nicaraguan Government on passengers and freight. In August, +1852, the Accessory Transit Company made its first interoceanic trip over +the Nicaraguan route, and continued in successful operation, with great +advantage to the public, until the 18th February, 1856, when it was closed +and the grant to this company as well as its charter were summarily and +arbitrarily revoked by the Government of President Rivas. Previous to this +date, however, in 1854, serious disputes concerning the settlement of their +accounts had arisen between the company and the Government, threatening the +interruption of the route at any moment. These the United States in vain +endeavored to compose. It would be useless to narrate the various +proceedings which took place between the parties up till the time when the +transit was discontinued. Suffice it to say that since February, 1856, it +has remained closed, greatly to the prejudice of citizens of the United +States. Since that time the competition has ceased between the rival routes +of Panama and Nicaragua, and in consequence thereof an unjust and +unreasonable amount has been exacted from our citizens for their passage to +and from California. + +A treaty was signed on the 16th day of November, 1857, by the Secretary of +State and minister of Nicaragua, under the stipulations of which the use +and protection of the transit route would have been secured, not only to +the United States, but equally to all other nations. How and on what +pretext this treaty has failed to receive the ratification of the +Nicaraguan Government will appear by the papers herewith communicated from +the State Department. The principal objection seems to have been to the +provision authorizing the United States to employ force to keep the route +open in case Nicaragua should fail to perform her duty in this respect. +From the feebleness of that Republic, its frequent changes of government, +and its constant internal dissensions, this had become a most important +stipulation, and one essentially necessary, not only for the security of +the route, but for the safety of American citizens passing and repassing to +and from our Pacific possessions. Were such a stipulation embraced in a +treaty between the United States and Nicaragua, the knowledge of this fact +would of itself most probably prevent hostile parties from committing +aggressions on the route, and render our actual interference for its +protection unnecessary. + +The executive government of this country in its intercourse with foreign +nations is limited to the employment of diplomacy alone. When this fails it +can proceed no further. It can not legitimately resort to force without the +direct authority of Congress, except in resisting and repelling hostile +attacks. It would have no authority to enter the territories of Nicaragua +even to prevent the destruction of the transit and protect the lives and +property of our own citizens on their passage. It is true that on a sudden +emergency of this character the President would direct any armed force in +the vicinity to march to their relief, but in doing this he would act upon +his own responsibility. + +Under these circumstances I earnestly recommend to Congress the passage of +an act authorizing the president, under such restrictions as they may deem +proper, to employ the land and naval forces of the United States in +preventing the transit from being obstructed or closed by lawless violence, +and in protecting the lives and property of American citizens traveling +thereupon, requiring at the same time that these forces shall be withdrawn +the moment the danger shall have passed away. Without such a provision our +citizens will be constantly exposed to interruption in their progress and +to lawless violence. + +A similar necessity exists for the passage of such an act for the +protection of the Panama and Tehuantepec routes. In reference to the Panama +route, the United States, by their existing treaty with New Granada, +expressly guarantee the neutrality of the Isthmus, "with the view that the +free transit from the one to the other sea may not be interrupted or +embarrassed in any future time while this treaty exists." + +In regard to the Tehuantepec route, which has been recently opened under +the most favorable auspices, our treaty with Mexico of the 30th December, +1853, secures to the citizens of the United States a right of transit over +it for their persons and merchandise and stipulates that neither Government +shall "interpose any obstacle" thereto. It also concedes to the United +States the "right to transport across the Isthmus, in closed bags, the +mails of the United States not intended for distribution along the line of +the communication; also the effects of the United States Government and its +citizens which may be intended for transit and not for distribution on the +Isthmus, free of custom-house or other charges by the Mexican Government." + +These treaty stipulations with New Granada and Mexico, in addition to the +considerations applicable to the Nicaragua route, seem to require +legislation for the purpose of carrying them into effect. + +The injuries which have been inflicted upon our citizens in Costa Rica and +Nicaragua during the last two or three years have received the prompt +attention of this Government. Some of these injuries were of the most +aggravated character. The transaction at Virgin Bay in April, 1856, when a +company of unarmed Americans, who were in no way connected with any +belligerent conduct or party, were fired upon by the troops of Costa Rica +and numbers of them killed and wounded, was brought to the knowledge of +Congress by my predecessor soon after its occurrence, and was also +presented to the Government of Costa Rica for that immediate investigation +and redress which the nature of the case demanded. A similar course was +pursued with reference to other outrages in these countries, some of which +were hardly less aggravated in their character than the transaction at +Virgin Bay. At the time, however, when our present minister to Nicaragua +was appointed, in December, 1857, no redress had been obtained for any of +these wrongs and no reply even had been received to the demands which had +been made by this Government upon that of Costa Rica more than a year +before. Our minister was instructed, therefore, to lose no time in +expressing to those Governments the deep regret with which the President +had witnessed this inattention to the just claims of the United States and +in demanding their prompt and satisfactory adjustment. Unless this demand +shall be complied with at an early day it will only remain for this +Government to adopt such other measures as may be necessary in order to +obtain for itself that justice which it has in vain attempted to secure by +peaceful means from the Governments of Nicaragua and Costa Rica. While it +has shown, and will continue to show, the most sincere regard for the +rights and honor of these Republics, it can not permit this regard to be +met by an utter neglect on their part of what is due to the Government and +citizens of the United States. + +Against New Granada we have long-standing causes of complaint, arising out +of the unsatisfied claims of our citizens upon that Republic, and to these +have been more recently added the outrages committed upon our citizens at +Panama in April, 1856. A treaty for the adjustment of these difficulties +was concluded by the Secretary of State and the minister of New Granada in +September, 1857, which contained just and acceptable provisions for that +purpose. This treaty was transmitted to Bogota and was ratified by the +Government of New Granada, but with certain amendments. It was not, +however, returned to this city until after the close of the last session of +the Senate. It will be immediately transmitted to that body for their +advice and consent, and should this be obtained it will remove all our +existing causes of complaint against New Granada on the subject of claims. + +Questions have arisen between the two Governments as to the right of New +Granada to levy a tonnage duty upon the vessels of the United States in its +ports of the Isthmus and to levy a passenger tax upon our citizens arriving +in that country, whether with a design to remain there or to pass from +ocean to ocean by the transit route; and also a tax upon the mail of the +United States transported over the Panama Railroad. The Government of New +Granada has been informed that the United States would consider the +collection of either of these taxes as an act in violation of the treaty +between the two countries, and as such would be resisted by the United +States. At the same time, we are prepared to discuss these questions in a +spirit of amity and justice and with a sincere desire to adjust them in a +satisfactory manner. A negotiation for that purpose has already been +commenced. No effort has recently been made to collect these taxes nor is +any anticipated under present circumstances. + +With the Empire of Brazil our relations are of the most friendly character. +The productions of the two countries, and especially those of an +agricultural nature, are such as to invite extensive mutual exchanges. A +large quantity of American flour is consumed in Brazil, whilst more than +treble the amount in value of Brazilian coffee is consumed in the United +States. Whilst this is the case, a heavy duty has been levied until very +recently upon the importation of American flour into Brazil. I am +gratified, however, to be able to inform you that in September last this +has been reduced from $1.32 to about 49 cents per barrel, and the duties on +other articles of our production have been diminished in nearly the same +proportion. + +I regret to state that the Government of Brazil still continues to levy an +export duty of about 11 per cent on coffee, notwithstanding this article is +admitted free from duty in the United States. This is a heavy charge upon +the consumers of coffee in our country, as we purchase half of the entire +surplus crop of that article raised in Brazil. Our minister, under +instructions, will reiterate his efforts to have this export duty removed, +and it is hoped that the enlightened Government of the Emperor will adopt +this wise, just, and equal policy. In that event, there is good reason to +believe that the commerce between the two countries will greatly increase, +much to the advantage of both. The claims of our citizens against the +Government of Brazil are not in the aggregate of very large amount; but +some of these rest upon plain principles of justice and their settlement +ought not to be longer delayed. A renewed and earnest, and I trust a +successful, effort will be made by our minister to procure their final +adjustment. + +On the 2d of June last Congress passed a joint resolution authorizing the +President "to adopt such measures and use such force as in his judgment may +be necessary and advisable" "for the purpose of the differences between +the United States and the Republic of Paraguay, in connection with the +attack on the United States steamer Water Witch and with other measures +referred to" in his annual message, and on the 12th of July following they +made an appropriation to defray the expenses and compensation of a +commissioner to that Republic should the President deem it proper to make +such all appointment. + +In compliance with these enactments, I have appointed a commissioner, who +has proceeded to Paraguay with full powers and instructions to settle these +differences in an amicable and peaceful manner if this be practicable. His +experience and discretion justify the hope that he may prove successful in +convincing the Paraguayan Government that it is due both to honor and +justice that they should voluntarily and promptly make atonement for the +wrongs which they have committed against the United States and indemnify +our injured citizens whom they have forcibly despoiled of their property. + +Should our commissioner prove unsuccessful after a sincere and earnest +effort to accomplish the object of his mission, then no alternative will +remain but the employment of force to obtain "just satisfaction" from +Paraguay. In view of this contingency, the Secretary of the Navy, under my +direction, has fitted out and dispatched a naval force to rendezvous near +Buenos Ayres, which, it is believed, will prove sufficient for the +occasion. It is my earnest desire, however, that it may not be found +necessary to resort to this last alternative. + +When Congress met in December last the business of the country had just +been crushed by one of those periodical revulsions which are the inevitable +consequence of our unsound and extravagant system of bank credits and +inflated currency. With all the elements of national wealth in abundance, +our manufactures were suspended, our useful public and private enterprises +were arrested, and thousands of laborers were deprived of employment and +reduced to want. Universal distress prevailed among the commercial, +manufacturing, and mechanical classes. This revulsion was felt the more +severely in the United States because similar causes had produced the like +deplorable effects throughout the commercial nations of Europe. All were +experiencing sad reverses at the same moment. Our manufacturers everywhere +suffered severely, not because of the recent reduction in the tariff of +duties on imports, but because there was no demand at any price for their +productions. The people were obliged to restrict themselves in their +purchases to articles of prime necessity. In the general prostration of +business the iron manufacturers in different States probably suffered more +than any other class, and much destitution was the inevitable consequence +among the great number of workmen who had been employed in this useful +branch of industry. There could be no supply where there was no demand. To +present an example, there could be no demand for railroad iron after our +magnificent system of railroads, extending its benefits to every portion of +the Union, had been brought to a dead pause. The same consequences have +resulted from similar causes to many other branches of useful manufactures. +It is self-evident that where there is no ability to purchase manufactured +articles these can not be sold, and consequently must cease to be +produced. + +No government, and especially a government of such limited powers as that +of the United States, could have prevented the late revulsion. The whole +commercial world seemed for years to have been rushing to this catastrophe. +The same ruinous consequences would have followed in the United States +whether the duties upon foreign imports had remained as they were under the +tariff of 1846 or had been raised to a much higher standard. The tariff of +1857 had no agency in the result. The general causes existing throughout +the world could not have been controlled by the legislation of any +particular country. + +The periodical revulsions which have existed in our past history must +continue to return at intervals so long as our present unbounded system of +bank credits shall prevail. They will, however, probably be the less severe +in future, because it is not to be expected, at least for many years to +come, that the commercial nations of Europe, with whose interests our own +are so materially involved, will expose themselves to similar calamities. +But this subject was treated so much at large in my last annual message +that I shall not now pursue it further. Still, I respectfully renew the +recommendation in favor of the passage of a uniform bankrupt law applicable +to banking institutions. This is all the direct power over the subject +which I believe the Federal Government possesses. Such a law would +mitigate, though it might not prevent, the evil. The instinct of +self-preservation might produce a wholesome restraint upon their banking +business if they knew in advance that a suspension of specie payments would +inevitably produce their civil death. + +But the effects of the revulsion are now slowly but surely passing away. +The energy and enterprise of our citizens, with our unbounded resources, +will within the period of another year restore a state of wholesome +industry and trade. Capital has again accumulated in our large cities. The +rate of interest is there very low. Confidence is gradually reviving, and +so soon as it is discovered that this capital can be profitably employed in +commercial and manufacturing enterprises and in the construction of +railroads and other works of public and private improvement prosperity will +again smile throughout the land. It is vain, however, to disguise the fact +from ourselves that a speculative inflation of our currency without a +corresponding inflation in other countries whose manufactures come into +competition with our own must ever produce disastrous results to our +domestic manufactures. No tariff short of absolute prohibition can prevent +these evil consequences. In connection with this subject it is proper to +refer to our financial condition. The same causes which have produced +pecuniary distress throughout the country have so reduced the amount of +imports from foreign countries that the revenue has proved inadequate to +meet the necessary expenses of the Government. To supply the deficiency, +Congress, by the act of December 23, 1857, authorized the issue of +$20,000,000 of Treasury notes; and this proving inadequate, they +authorized, by the act of June 14, 1858, a loan of $20,000,000, to be +applied to the payment of appropriations made by law." + +No statesman would advise that we should go on increasing the national debt +to meet the ordinary expenses of the Government. This would be a most +ruinous policy. In case of war our credit must be our chief resource, at +least for the first year, and this would be greatly impaired by having +contracted a large debt in time of peace. It is our true policy to increase +our revenue so as to equal our expenditures. It would be ruinous to +continue to borrow. Besides, it may be proper to observe that the +incidental protection thus afforded by a revenue tariff would at the +present moment to some extent increase the confidence of the manufacturing +interests and give a fresh impulse to our reviving business. To this surely +no person will object. + +In regard to the mode of assessing and collecting duties under a strictly +revenue tariff, I have long entertained and often expressed the opinion +that sound policy requires this should be done by specific duties in cases +to which these can be properly applied. They are well adapted to +commodities which are usually sold by weight or by measure, and which from +their nature are of equal or of nearly equal value. Such, for example, are +the articles of iron of different classes, raw sugar, and foreign wines and +spirits. + +In my deliberate judgment specific duties are the best, if not the only, +means of securing the revenue against false and fraudulent invoices, and +such has been the practice adopted for this purpose by other commercial +nations. Besides, specific duties would afford to the American manufacturer +the incidental advantages to which he is fairly entitled under a revenue +tariff. The present system is a sliding scale to his disadvantage. Under +it, when prices are high and business prosperous, the duties rise in amount +when he least requires their aid. On the contrary, when prices fall and he +is struggling against adversity, the duties are diminished in the same +proportion, greatly to his injury. Neither would there be danger that a +higher rate of duty than that intended by Congress could be levied in the +form of specific duties. It would be easy to ascertain the average value of +any imported article for a series of years, and, instead of subjecting it +to an ad valorem duty at a certain rate per centum, to substitute in its +place an equivalent specific duty. + +By such an arrangement the consumer would not be injured. It is true he +might have to pay a little more duty on a given article in one year, but, +if so, he would pay a little less in another, and in a series of years +these would counterbalance each other and amount to the same thing so far +as his interest is concerned. This inconvenience would be trifling when +contrasted with the additional security thus afforded against frauds upon +the revenue, in which every consumer is directly interested. + +I have thrown out these suggestions as the fruit of my own observation, to +which Congress, in their better judgment, will give such weight as they may +justly deserve. + +The report of the Secretary of the Treasury will explain in detail the +operations of that Department of the Government. The receipts into the +Treasury from all sources during the fiscal year ending June 30, 1858, +including the Treasury notes authorized by the act of December 23, 1857, +were $70,273,869.59, which amount, with the balance of $17,710,114.27 +remaining in the Treasury at the commencement of the year, made an +aggregate for the service of the year of $87,983,983.86. + +The public expenditures during the fiscal year ending June 30, 1858, +amounted to $81,585,667.76, of which $9,684,537.99 were applied to the +payment of the public debt and the redemption of Treasury notes with the +interest thereon, leaving in the Treasury on July 1, 1858, being the +commencement of the present fiscal year, $6,398,316.10. + +The receipts into the Treasury during the first quarter of the present +fiscal year, commencing the 1st of July, 1858, including one-half of the +loan of $20,000,000, with the premium upon it, authorized by the act of +June 14, 1858, were $25,230,879.46, and the estimated receipts for the +remaining three quarters to the 30th of June, 1859, from ordinary sources +are $38,500,000, making, with the balance before stated, an aggregate of +$70,129,195.56. + +The expenditures during the first quarter of the present fiscal year were +$21,708,198.51, of which $1,010,142.37 were applied to the payment of the +public debt and the redemption of Treasury notes and the interest thereon. +The estimated expenditures during the remaining three quarters to June 30, +1859, are $52,357,698.48, making an aggregate of $74,065,896.99, being an +excess of expenditure beyond the estimated receipts into the Treasury from +ordinary sources during the fiscal year to the 30th of June, 1859, of +$3,936,701.43. Extraordinary means are placed by law within the command of +the Secretary of the Treasury, by the reissue of Treasury notes redeemed +and by negotiating the balance of the loan authorized by the act of June +14, 1858, to the extent of $11,000,000, which, if realized during the +present fiscal year, will leave a balance in the Treasury on the 1st day of +July, 1859, of $7,063,298.57. + +The estimated receipts during the next fiscal year, ending June 30, 1860, +are $62,000,000, which, with the above-estimated balance of $7,063,298.57 +make an aggregate for the service of the next fiscal year of +$69,063,298.57. The estimated expenditures during the next fiscal year, +ending June 30, 1860, are $73,139,147.46, which leaves a deficit of +estimated means, compared with the estimated expenditures, for that year, +commencing on July 1, 1859, of $4,075,848.89. + +In addition to this sum the Postmaster-General will require from the +Treasury for the service of the Post-Office Department $3,838,728, as +explained in the report of the Secretary of the Treasury, which will +increase the estimated deficit on June 30, 1860, to $7,914,576.89. To +provide for the payment of this estimated deficiency, which will be +increased by such appropriations as may be made by Congress not estimated +for in the report of the Treasury Department, as well as to provide for the +gradual redemption from year to year of the outstanding Treasury notes, the +Secretary of the Treasury recommends such a revision of the present tariff +as will raise the required amount. After what I have already said I need +scarcely add that I concur in the opinion expressed in his report--that the +public debt should not be increased by an additional loan--and would +therefore strongly urge upon Congress the duty of making at their present +session the necessary provision for meeting these liabilities. + +The public debt on July 1, 1858, the commencement of the present fiscal +year, was $25,155,977.66. + +During the first quarter of the present year the sum of $10,000,000 has +been negotiated of the loan authorized by the act of June 14, 1858, making +the present outstanding public debt, exclusive of Treasury notes, +$35,155,977.66. There was on the 1st of July, 1858, of Treasury notes +issued by authority of the act of December 23, 1857, unredeemed, the sum of +$19,754,800, making the amount of actual indebtedness at that date +$54,910,777.66. To this will be added $10,000,000 during the present fiscal +year, this being the remaining half of the loan of $20,000,000 not yet +negotiated. + +The rapid increase of the public debt and the necessity which exists for a +modification of the tariff to meet even the ordinary expenses of the +Government ought to admonish us all, in our respective spheres of duty, to +the practice of rigid economy. The objects of expenditure should be limited +in number, as far as this may be practicable, and the appropriations +necessary to carry them into effect ought to be disbursed under the +strictest accountability. Enlightened economy does not consist in the +refusal to appropriate money for constitutional purposes essential to the +defense, progress, and prosperity of the Republic, but in taking care that +none of this money shall be wasted by mismanagement in its application to +the objects designated by law. + +Comparisons between the annual expenditure at the present time and what it +was ten or twenty years ago are altogether fallacious. The rapid increase +of our country in extent and population renders a corresponding increase of +expenditure to some extent unavoidable. This is constantly creating new +objects of expenditure and augmenting the amount required for the old. The +true questions, then, are, Have these objects been unnecessarily +multiplied, or has the amount expended upon any or all of them been larger +than comports with due economy? In accordance with these principles, the +heads of the different Executive Departments of the Government have been +instructed to reduce their estimates for the next fiscal year to the lowest +standard consistent with the efficiency of the service, and this duty they +have performed in a spirit of just economy. The estimates of the Treasury, +War, Navy, and Interior Departments have each been in some degree reduced, +and unless a sudden and unforeseen emergency should arise it is not +anticipated that a deficiency will exist in either within the present or +the next fiscal year. The Post-Office Department is placed in a peculiar +position, different from the other Departments, and to this I shall +hereafter refer. + +I invite Congress to institute a rigid scrutiny to ascertain whether the +expenses in all the Departments can not be still further reduced, and I +promise them all the aid in my power in pursuing the investigation. + +I transmit herewith the reports made to me by the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. They each contain +valuable information and important recommendations, to which I invite the +attention of Congress. + +In my last annual message I took occasion to recommend the immediate +construction of ten small steamers of light draft, for the purpose of +increasing the efficiency of the Navy. Congress responded to the +recommendation by authorizing the construction of eight of them. The +progress which has been made in executing this authority is stated in the +report of the Secretary of the Navy. I concur with him in the opinion that +a greater number of this class of vessels is necessary for the purpose of +protecting in a more efficient manner the persons and property of American +citizens on the high seas and in foreign countries, as well as in guarding +more effectually our own coasts. I accordingly recommend the passage of an +act for this purpose. + +The suggestions contained in the report of the Secretary of the Interior, +especially those in regard to the disposition of the public domain, the +pension and bounty-land system, the policy toward the Indians, and the +amendment of our patent laws, are worthy of the serious consideration of +Congress. + +The Post-Office Department occupies a position very different from that of +the other Departments. For many years it was the policy of the Government +to render this a self-sustaining Department; and if this can not now be +accomplished, in the present condition of the country, we ought to make as +near an approach to it as may be practicable. + +The Postmaster-General is placed in a most embarrassing position by the +existing laws. He is obliged to carry these into effect. He has no other +alternative. He finds, however, that this can not be done without heavy +demands upon the Treasury over and above what is received for postage, and +these have been progressively increasing from year to year until they +amounted for the last fiscal year, ending on the 30th of June, 1858, to +more than $4,500,000, whilst it is estimated that for the present fiscal +year they will amount to $6,290,000. These sums are exclusive of the annual +appropriation of $700,000 for "compensation for the mail service performed +for the two Houses of Congress and the other Departments and officers of +the Government in the transmission of free matter." + +The cause of these large deficits is mainly attributable to the increased +expense of transporting the mails. In 1852 the sum paid for this service +was but a fraction above four millions and a quarter. Since that year it +has annually increased, until in 1858 it has reached more than eight +millions and a quarter, and for the service of 1859 it is estimated that it +will amount to more than $10,000,000. + +The receipts of the Post-Office Department can be made to approach or to +equal its expenditure only by means of the legislation of Congress. In +applying any remedy care should be taken that the people shall not be +deprived of the advantages which they are fairly entitled to enjoy from the +Post-Office Department. The principal remedies recommended to the +consideration of Congress by the Postmaster-General are to restore the +former rate of postage upon single letters to 5 cents; to substitute for +the franking privilege the delivery to those now entitled to enjoy it of +post-office stamps for their correspondence, and to direct the Department +in making contracts for the transportation of the mail to confine itself to +the payment of the sum necessary for this single purpose, without requiring +it to be transported in post coaches or carriages of any particular +description. Under the present system the expense to the Government is +greatly increased by requiring that the mail shall be carried in such +vehicles as will accommodate passengers. This will be done, without pay +from the Department, over all roads where the travel will remunerate the +contractors. + +These recommendations deserve the grave consideration of Congress. I would +again call your attention to the construction of a Pacific railroad. Time +and reflection have but served to confirm me in the truth and justice of +the observations which I made on this subject in my last annual message, to +which I beg leave respectfully to refer. + +It is freely admitted that it would be inexpedient for this Government to +exercise the power of constructing the Pacific railroad by its own +immediate agents. Such a policy would increase the patronage of the +Executive to a dangerous extent, and introduce a system of jobbing and +corruption which no vigilance on the part of Federal officials could either +prevent or detect. This can only be done by the keen eye and active and +careful supervision of individual and private interest. The construction of +this road ought therefore to be committed to companies incorporated by the +States or other agencies whose pecuniary interests would be directly +involved. Congress might then assist them in the work by grants of land or +of money, or both, under such conditions and restrictions as would secure +the transportation of troops and munitions of war free from any charge and +that of the United States mail at a fair and reasonable price. + +The progress of events since the commencement of your last session has +shown how soon difficulties disappear before a firm and determined +resolution. At that time such a road was deemed by wise and patriotic men +to be a visionary project. The great distance to be overcome and the +intervening mountains and deserts in the way were obstacles which, in the +opinion of many, could not be surmounted. Now, after the lapse of but a +single year, these obstacles, it has been discovered, are far less +formidable than they were supposed to be, and mail stages with passengers +now pass and repass regularly twice in each week, by a common wagon road, +between San Francisco and St. Louis and Memphis in less than twenty-five +days. The service has been as regularly performed as it was in former years +between New York and this city. + +Whilst disclaiming all authority to appropriate money for the construction +of this road, except that derived from the war-making power of the +Constitution, there are important collateral considerations urging us to +undertake the work as speedily as possible. The first and most momentous of +these is that such a road would be a powerful bond of union between the +States east and west of the Rocky Mountains. This is so self-evident as to +require no illustration. + +But again, in a commercial point of view, I consider this the great +question of the day. With the eastern front of our Republic stretching +along the Atlantic and its western front along the Pacific, if all the +parts should be united by a safe, easy, and rapid intercommunication we +must necessarily command a very large proportion of the trade both of +Europe and Asia. Our recent treaties with China and Japan will open these +rich and populous Empires to our commerce; and the history of the world +proves that the nation which has gained possession of the trade with +eastern Asia has always become wealthy and powerful. The peculiar +geographical position of California and our Pacific possessions invites +American capital and enterprise into this fruitful field. To reap the rich +harvest, however, it is an indispensable prerequisite that we shall first +have a railroad to convey and circulate its products throughout every +portion of the Union. Besides, such a railroad through our temperate +latitude, which would not be impeded by the frosts and snows of winter nor +by the tropical heats of summer, would attract to itself much of the travel +and the trade of all nations passing between Europe and Asia. + +On the 21st of August last Lieutenant J. N. Maffit, of the United States +brig Dolphin, captured the slaver Echo (formerly the Putnam, of New +Orleans) near Kay Verde, on the coast of Cuba, with more than 300 African +negroes on board. The prize, under the command of Lieutenant Bradford, of +the United States Navy, arrived at Charleston on the 27th August, when the +negroes, 306 in number, were delivered into the custody of the United +States marshal for the district of South Carolina. They were first placed +in Castle Pinckney, and afterwards in Fort Sumter, for safe-keeping, and +were detained there until the 19th September, when the survivors, 271 in +number, were delivered on board the United States steamer Niagara to be +transported to the coast of Africa under the charge of the agent of the +United States, pursuant to the provisions of the act of the 3d March, 1819, +"in addition to the acts prohibiting the slave trade." Under the second +section of this act the President is "authorized to make such regulations +and arrangements as he may deem expedient for the safe-keeping, support, +and removal beyond the limits of the United States of all such negroes, +mulattoes, or persons of color" captured by vessels of the United States as +may be delivered to the marshal of the district into which they are +brought, "and to appoint a proper person or persons residing upon the coast +of Africa as agent or agents for receiving the negroes, mulattoes, or +persons of color delivered from on board vessels seized in the prosecution +of the slave trade by commanders of United States armed vessels." + +A doubt immediately arose as to the true construction of this act. It is +quite clear from its terms that the President was authorized to provide +"for the safe-keeping, support, and removal" of these negroes up till the +time of their delivery to the agent on the coast of Africa, but no express +provision was made for their protection and support after they had reached +the place of their destination. Still, an agent was to be pointed to +receive them in Africa, and it could not have been supposed that Congress +intended he should desert them at the moment they were received and turn +them loose on that inhospitable coast to perish for want of food or to +become again the victims of the slave trade. Had this been the intention of +Congress, the employment of an agent to receive them, who is required to +reside on the coast, was unnecessary, and they might have been landed by +our vessels anywhere in Africa and left exposed to the sufferings and the +fate which would certainly await them. + +Mr. Monroe, in his special message of December 17, 1819, at the first +session after the act was passed, announced to Congress what in his opinion +was its true construction. He believed it to be his duty under it to follow +these unfortunates into Africa and make provision for them there until they +should be able to provide for themselves. In communicating this +interpretation of the act to Congress he stated that some doubt had been +entertained as to its true intent and meaning, and he submitted the +question to them so that they might, "should it be deemed advisable, amend +the same before further proceedings are had under it." Nothing was done by +Congress to explain the act, and Mr. Monroe proceeded to carry it into +execution according to his own interpretation. This, then, became the +practical construction. When the Africans from on board the Echo were +delivered to the marshal at Charleston, it became my duty to consider what +disposition ought to be made of them under the law. For many reasons it was +expedient to remove them from that locality as speedily as possible. +Although the conduct of the authorities and citizens of Charleston in +giving countenance to the execution of the law was just what might have +been expected from their high character, yet a prolonged continuance of 300 +Africans in the immediate vicinity of that city could not have failed to +become a source of inconvenience and anxiety to its inhabitants. Where to +send them was the question. There was no portion of the coast of Africa to +which they could be removed with any regard to humanity except to Liberia. +Under these circumstances an agreement was entered into with the +Colonization Society on the 7th of September last, a copy of which is +herewith transmitted, under which the society engaged, for the +consideration of $45,000, to receive these Africans in Liberia from the +agent of the United States and furnish them during the period of one year +thereafter with comfortable shelter, clothing, provisions, and medical +attendance, causing the children to receive schooling, and all, whether +children or adults, to be instructed in the arts of civilized life suitable +to their condition. This aggregate of $45,000 was based upon an allowance +of $150 for each individual; and as there has been considerable mortality +among them and may be more before they reach Africa, the society have +agreed, in an equitable spirit, to make such a deduction from the amount as +under the circumstances may appear just and reasonable. This can not be +fixed until we shall ascertain the actual number which may become a charge +to the society. It was also distinctly agreed that under no circumstances +shall this Government be called upon for any additional expenses. The +agents of the society manifested a laudable desire to conform to the wishes +of the Government throughout the transaction. They assured me that after a +careful calculation they would be required to expend the sum of $150 on +each individual in complying with the agreement, and they would have +nothing left to remunerate them for their care, trouble, and +responsibility. At all events, I could make no better arrangement, and +there was no other alternative. During the period when the Government +itself, through its own agents, undertook the task of providing for +captured negroes in Africa the cost per head was very much greater. + +There having been no outstanding appropriation applicable to this purpose, +I could not advance any money on the agreement. I therefore recommend that +an appropriation may be made of the amount necessary to carry it into +effect. + +Other captures of a similar character may, and probably will, be made by +our naval forces, and I earnestly recommend that Congress may amend the +second section of the act of March 3, 1819, so as to free its construction +from the ambiguity which has so long existed and render the duty of the +President plain in executing its provisions. + +I recommend to your favorable regard the local interests of the District of +Columbia. As the residence of Congress and the Executive Departments of the +Government, we can not fail to feel a deep concern in its welfare. This is +heightened by the high character and the peaceful and orderly conduct of +its resident inhabitants. + +I can not conclude without performing the agreeable duty of expressing my +gratification that Congress so kindly responded to the recommendation of my +last annual message by affording me sufficient time before the close of +their late session for the examination of all the bills presented to me for +approval. This change in the practice of Congress has proved to be a +wholesome reform. It exerted a beneficial influence on the transaction of +legislative business and elicited the general approbation of the country. +It enabled Congress to adjourn with that dignity and deliberation so +becoming to the representatives of this great Republic, without having +crowded into general appropriation bills provisions foreign to their nature +and of doubtful constitutionality and expediency. Let me warmly and +strongly commend this precedent established by themselves as a guide to +their proceedings during the present session. + +*** + +State of the Union Address +James Buchanan +December 19, 1859 + +Fellow-Citizens of the Senate and House of Representatives: + +Our deep and heartfelt gratitude is due to that Almighty Power which has +bestowed upon us such varied and numerous blessings throughout the past +year. The general health of the country has been excellent, our harvests +have been unusually plentiful, and prosperity smiles throughout the land. +Indeed, notwithstanding our demerits, we have much reason to believe from +the past events in our history that we have enjoyed the special protection +of Divine Providence ever since our origin as a nation. We have been +exposed to many threatening and alarming difficulties in our progress, but +on each successive occasion the impending cloud has been dissipated at the +moment it appeared ready to burst upon our head, and the danger to our +institutions has passed away. May we ever be under the divine guidance and +protection. Whilst it is the duty of the President "from time to time to +give to Congress information of the state of the Union," I shall not refer +in detail to the recent sad and bloody occurrences at Harpers Ferry. Still, +it is proper to observe that these events, however bad and cruel in +themselves, derive their chief importance from the apprehension that they +are but symptoms of an incurable disease in the public mind, which may +break out in still more dangerous outrages and terminate at last in an open +war by the North to abolish slavery in the South. Whilst for myself I +entertain no such apprehension, they ought to afford a solemn warning to us +all to beware of the approach of danger. Our Union is a stake of such +inestimable value as to demand our constant and watchful vigilance for its +preservation. In this view, let me implore my countrymen, North and South, +to cultivate the ancient feelings of mutual forbearance and good will +toward each other and strive to allay the demon spirit of sectional hatred +and strife now alive in the land. This advice proceeds from the heart of an +old public functionary whose service commenced in the last generation, +among the wise and conservative statesmen of that day, now nearly all +passed away, and whose first and dearest earthly wish is to leave his +country tranquil, prosperous, united, and powerful. + +We ought to reflect that in this age, and especially in this country, there +is an incessant flux and reflux of public opinion. Questions which in their +day assumed a most threatening aspect have now nearly gone from the memory +of men. They are "volcanoes burnt out, and on the lava and ashes and +squalid scoria of old eruptions grow the peaceful olive, the cheering vine, +and the sustaining corn." Such, in my opinion, will prove to be the fate of +the present sectional excitement should those who wisely seek to apply the +remedy continue always to confine their efforts within the pale of the +Constitution. If this course be pursued, the existing agitation on the +subject of domestic slavery, like everything human, will have its day and +give place to other and less threatening controversies. Public opinion in +this country is all-powerful, and when it reaches a dangerous excess upon +any question the good sense of the people will furnish the corrective and +bring it back within safe limits. Still, to hasten this auspicious result +at the present crisis we ought to remember that every rational creature +must be presumed to intend the natural consequences of his own teachings. +Those who announce abstract doctrines subversive of the Constitution and +the Union must not be surprised should their heated partisans advance one +step further and attempt by violence to carry these doctrines into +practical effect. In this view of the subject, it ought never to be +forgotten that however great may have been the political advantages +resulting from the Union to every portion of our common country, these +would all prove to be as nothing should the time ever arrive when they can +not be enjoyed without serious danger to the personal safety of the people +of fifteen members of the Confederacy. If the peace of the domestic +fireside throughout these States should ever be invaded, if the mothers of +families within this extensive region should not be able to retire to rest +at night without suffering dreadful apprehensions of what may be their own +fate and that of their children before the morning, it would be vain to +recount to such a people the political benefits which result to them from +the Union. Self-preservation is the first instinct of nature, and therefore +any state of society in which the sword is all the time suspended over the +heads of the people must at last become intolerable. But I indulge in no +such gloomy forebodings. On the contrary, I firmly believe that the events +at Harpers Ferry, by causing the people to pause and reflect upon the +possible peril to their cherished institutions, will be the means under +Providence of allaying the existing excitement and preventing further +outbreaks of a similar character. They will resolve that the Constitution +and the Union shall not be endangered by rash counsels, knowing that should +"the silver cord be loosed or the golden bowl be broken at the fountain" +human power could never reunite the scattered and hostile fragments. + +I cordially congratulate you upon the final settlement by the Supreme Court +of the United States of the question of slavery in the Territories, which +had presented an aspect so truly formidable at the commencement of my +Administration. The right has been established of every citizen to take his +property of any kind, including slaves, into the common Territories +belonging equally to all the States of the Confederacy, and to have it +protected there under the Federal Constitution. Neither Congress nor a +Territorial legislature nor any human power has any authority to annul or +impair this vested right. The supreme judicial tribunal of the country, +which is a coordinate branch of the Government, has sanctioned and affirmed +these principles of constitutional law, so manifestly just in themselves +and so well calculated to promote peace and harmony among the States. It is +a striking proof of the sense of justice which is inherent in our people +that the property in slaves has never been disturbed, to my knowledge, in +any of the Territories. Even throughout the late troubles in Kansas there +has not been any attempt, as I am credibly informed, to interfere in a +single instance with the right of the master. Had any such attempt been +made, the judiciary would doubtless have afforded an adequate remedy. +Should they fail to do this hereafter, it will then be time enough to +strengthen their hands by further legislation. Had it been decided that +either Congress or the Territorial legislature possess the power to annul +or impair the right to property in slaves, the evil would be intolerable. +In the latter event there would be a struggle for a majority of the members +of the legislature at each successive election, and the sacred rights of +property held under the Federal Constitution would depend for the time +being on the result. The agitation would thus be rendered incessant whilst +the Territorial condition remained, and its baneful influence would keep +alive a dangerous excitement among the people of the several States. + +Thus has the status of a Territory during the intermediate period from its +first settlement until it shall become a State been irrevocably fixed by +the final decision of the Supreme Court. Fortunate has this been for the +prosperity of the Territories, as well as the tranquillity of the States. +Now emigrants from the North and the South, the East and the West, will +meet in the Territories on a common platform, having brought with them that +species of property best adapted, in their own opinion, to promote their +welfare. From natural causes the slavery question will in each case soon +virtually settle itself, and before the Territory is prepared for admission +as a State into the Union this decision, one way or the other, will have +been a foregone conclusion. Meanwhile the settlement of the new Territory +will proceed without serious interruption, and its progress and prosperity +will not be endangered or retarded by violent political struggles. + +When in the progress of events the inhabitants of any Territory shall have +reached the number required to form a State, they will then proceed in a +regular manner and in the exercise of the rights of popular sovereignty to +form a constitution preparatory to admission into the Union. After this has +been done, to employ the language of the Kansas and Nebraska act, they +"shall be received into the Union with or without slavery, as their +constitution may prescribe at the time of their admission." This sound +principle has happily been recognized in some form or other by an almost +unanimous vote of both Houses of the last Congress. + +All lawful means at my command have been employed, and shall continue to be +employed, to execute the laws against the African slave trade. After a most +careful and rigorous examination of our coasts and a thorough investigation +of the subject, we have not been able to discover that any slaves have been +imported into the United States except the cargo by the Wanderer, numbering +between three and four hundred. Those engaged in this unlawful enterprise +have been rigorously prosecuted, but not with as much success as their +crimes have deserved. A number of them are still under prosecution. + +Our history proves that the fathers of the Republic, in advance of all +other nations, condemned the African slave trade. It was, notwithstanding, +deemed expedient by the framers of the Constitution to deprive Congress of +the power to prohibit "the migration or importation of such persons as any +of the States now existing shall think proper to admit" "prior to the year +1808." It will be seen that this restriction on the power of Congress was +confined to such States only as might think proper to admit the importation +of slaves. It did not extend to other States or to the trade carried on +abroad. Accordingly, we find that so early as the 22d March, 1794, Congress +passed an act imposing severe penalties and punishments upon citizens and +residents of the United States who should engage in this trade between +foreign nations. The provisions of this act were extended and enforced by +the act of 10th May, 1800. + +Again, the States themselves had a clear right to waive the constitutional +privilege intended for their benefit, and to prohibit by their own laws +this trade at any time they thought proper previous to 1808. Several of +them exercised this right before that period, and among them some +containing the greatest number of slaves. This gave to Congress the +immediate power to act in regard to all such States, because they +themselves had removed the constitutional barrier. Congress accordingly +passed an act on 28th February, 1803, "to prevent the importation of +certain persons into certain States where by the laws thereof their +admission is prohibited." In this manner the importation of African slaves +into the United States was to a great extent prohibited some years in +advance of 1808. + +As the year 1808 approached Congress determined not to suffer this trade to +exist even for a single day after they had the power to abolish it. On the +2d of March, 1807, they passed an act, to take effect "from and after the +1st day of January, 1808," prohibiting the importation of African slaves +into the United States. This was followed by subsequent acts of a similar +character, to which I need not specially refer. Such were the principles +and such the practice of our ancestors more than fifty years ago in regard +to the African slave trade. It did not occur to the revered patriots who +had been delegates to the Convention, and afterwards became members of +Congress, that in passing these laws they had violated the Constitution +which they had framed with so much care and deliberation. They supposed +that to prohibit Congress in express terms from exercising a specified +power before an appointed day necessarily involved the right to exercise +this power after that day had arrived. + +If this were not the case, the framers of the Constitution had expended +much labor in vain. Had they imagined that Congress would possess no power +to prohibit the trade either before or after 1808, they would not have +taken so much care to protect the States against the exercise of this power +before that period. Nay, more, they would not have attached such vast +importance to this provision as to have excluded it from the possibility of +future repeal or amendment, to which other portions of the Constitution +were exposed. It would, then, have been wholly unnecessary to ingraft on +the fifth article of the Constitution, prescribing the mode of its own +future amendment, the proviso "that no amendment which may be made prior to +the year 1808 shall in any manner affect" the provision in the Constitution +securing to the States the right to admit the importation of African slaves +previous to that period. According to the adverse construction, the clause +itself, on which so much care and discussion had been employed by the +members of the Convention, was an absolute nullity from the beginning, and +all that has since been done under it a mere usurpation. + +It was well and wise to confer this power on Congress, because had it been +left to the States its efficient exercise would have been impossible. In +that event any one State could have effectually continued the trade, not +only for itself, but for all the other slave States, though never so much +against their will. And why? Because African slaves, when once brought +within the limits of any one State in accordance with its laws, can not +practically be excluded from any State where slavery exists. And even if +all the States had separately passed laws prohibiting the importation of +slaves, these laws would have failed of effect for want of a naval force to +capture the slavers and to guard the coast. Such a force no State can +employ in time of peace without the consent of Congress. + +These acts of Congress, it is believed, have, with very rare and +insignificant exceptions, accomplished their purpose. For a period of more +than half a century there has been no perceptible addition to the number of +our domestic slaves. During this period their advancement in civilization +has far surpassed that of any other portion of the African race. The light +and the blessings of Christianity have been extended to them, and both +their moral and physical condition has been greatly improved. + +Reopen the trade and it would be difficult to determine whether the effect +would be more deleterious on the interests of the master or on those of the +native-born slave. Of the evils to the master, the one most to be dreaded +would be the introduction of wild, heathen, and ignorant barbarians among +the sober, orderly, and quiet slaves whose ancestors have been on the soil +for several generations. This might tend to barbarize, demoralize, and +exasperate the whole mass and produce most deplorable consequences. + +The effect upon the existing slave would, if possible, be still more +deplorable. At present he is treated with kindness and humanity. He is well +fed, well clothed, and not overworked. His condition is incomparably better +than that of the coolies which modern nations of high civilization have +employed as a substitute for African slaves. Both the philanthropy and the +self-interest of the master have combined to produce this humane result. +But let this trade be reopened and what will be the effect? The same to a +considerable extent as on a neighboring island, the only spot now on earth +where the African slave trade is openly tolerated, and this in defiance of +solemn treaties with a power abundantly able at any moment to enforce their +execution. There the master, intent upon present gain, extorts from the +slave as much labor as his physical powers are capable of enduring, knowing +that when death comes to his relief his place can be supplied at a price +reduced to the lowest point by the competition of rival African slave +traders. Should this ever be the case in our country, which I do not deem +possible, the present useful character of the domestic institution, wherein +those too old and too young to work are provided for with care and humanity +and those capable of labor are not overtasked, would undergo an unfortunate +change. The feeling of reciprocal dependence and attachment which now +exists between master and slave would be converted into mutual distrust and +hostility. + +But we are obliged as a Christian and moral nation to consider what would +be the effect upon unhappy Africa itself if we should reopen the slave +trade. This would give the trade an impulse and extension which it has +never had, even in its palmiest days. The numerous victims required to +supply it would convert the whole slave coast into a perfect pandemonium, +for which this country would be held responsible in the eyes both of God +and man. Its petty tribes would then be constantly engaged in predatory +wars against each other for the purpose of seizing slaves to supply the +American market. All hopes of African civilization would thus be ended. + +On the other hand, when a market for African slaves shall no longer be +furnished in Cuba, and thus all the world be closed against this trade, we +may then indulge a reasonable hope for the gradual improvement of Africa. +The chief motive of war among the tribes will cease whenever there is no +longer any demand for slaves. The resources of that fertile but miserable +country might then be developed by the hand of industry and afford subjects +for legitimate foreign and domestic commerce. In this manner Christianity +and civilization may gradually penetrate the existing gloom. + +The wisdom of the course pursued by this Government toward China has been +vindicated by the event. Whilst we sustained a neutral position in the war +waged by Great Britain and France against the Chinese Empire, our late +minister, in obedience to his instructions, judiciously cooperated with the +ministers of these powers in all peaceful measures to secure by treaty the +just concessions demanded by the interests of foreign commerce. The result +is that satisfactory treaties have been concluded with China by the +respective ministers of the United States, Great Britain, France, and +Russia. Our "treaty, or general convention, of peace, amity, and commerce" +with that Empire was concluded at Tien-tsin on the 18th June, 1858, and was +ratified by the President, by and with the advice and consent of the +Senate, on the 21st December following. On the 15th December, 1858, John E. +Ward, a distinguished citizen of Georgia, was duly commissioned as envoy +extraordinary and minister plenipotentiary to China. + +He left the United States for the place of his destination on the 5th of +February, 1859, bearing with him the ratified copy of this treaty, and +arrived at Shanghai on the 28th May. From thence he proceeded to Peking on +the 16th June, but did not arrive in that city until the 27th July. +According to the terms of the treaty, the ratifications were to be +exchanged on or before the 18th June, 1859. This was rendered impossible by +reasons and events beyond his control, not necessary to detail; but still +it is due to the Chinese authorities at Shanghai to state that they always +assured him no advantage should be taken of the delay, and this pledge has +been faithfully redeemed. + +On the arrival of Mr. Ward at Peking he requested an audience of the +Emperor to present his letter of credence. This he did not obtain, in +consequence of his very proper refusal to submit to the humiliating +ceremonies required by the etiquette of this strange people in approaching +their sovereign. Nevertheless, the interviews on this question were +conducted in the most friendly spirit and with all due regard to his +personal feelings and the honor of his country. When a presentation to His +Majesty was found to be impossible, the letter of credence from the +President was received with peculiar honors by Kweiliang, "the Emperor's +prime minister and the second man in the Empire to the Emperor himself." +The ratifications of the treaty were afterwards, on the 16th of August, +exchanged in proper form at Peit-sang. As the exchange did not take place +until after the day prescribed by the treaty, it is deemed proper before +its publication again to submit it to the Senate. It is but simple justice +to the Chinese authorities to observe that throughout the whole transaction +they appear to have acted in good faith and in a friendly spirit toward the +United States. It is true this has been done after their own peculiar +fashion; but we ought to regard with a lenient eye the ancient customs of +an empire dating back for thousands of years, so far as this may be +consistent with our own national honor. The conduct of our minister on the +occasion has received my entire approbation. + +In order to carry out the spirit of this treaty and to give it full effect +it became necessary to conclude two supplemental conventions, the one for +the adjustment and satisfaction of the claims of our citizens and the other +to fix the tariff on imports and exports and to regulate the transit duties +and trade of our merchants with China. This duty was satisfactorily +performed by our late minister. These conventions bear date at Shanghai on +the 8th November, 1858. Having been considered in the light of binding +agreements subsidiary to the principal treaty, and to be carried into +execution without delay, they do not provide for any formal ratification or +exchange of ratifications by the contracting parties. This was not deemed +necessary by the Chinese, who are already proceeding in good faith to +satisfy the claims of our citizens and, it is hoped, to carry out the other +provisions of the conventions. Still, I thought it was proper to submit +them to the Senate by which they were ratified on the 3d of March, 1859. +The ratified copies, however, did not reach Shanghai until after the +departure of our minister to Peking, and these conventions could not, +therefore, be exchanged at the same time with the principal treaty. No +doubt is entertained that they will be ratified and exchanged by the +Chinese Government should this be thought advisable; but under the +circumstances presented I shall consider them binding engagements from +their date on both parties, and cause them to be published as such for the +information and guidance of our merchants trading with the Chinese Empire. + +It affords me much satisfaction to inform you that all our difficulties +with the Republic of Paraguay have been satisfactorily adjusted. It happily +did not become necessary to employ the force for this purpose which +Congress had placed at my command under the joint resolution of 2d June, +1858. On the contrary, the President of that Republic, in a friendly +spirit, acceded promptly to the just and reasonable demands of the +Government of the United States. Our commissioner arrived at Assumption, +the capital of the Republic, on the 25th of January, 1859, and left it on +the 17th of February, having in three weeks ably and successfully +accomplished all the objects of his mission. The treaties which he has +concluded will be immediately submitted to the Senate. + +In the view that the employment of other than peaceful means might become +necessary to obtain "just satisfaction" from Paraguay, a strong naval force +was concentrated in the waters of the La Plata to await contingencies +whilst our commissioner ascended the rivers to Assumption. The Navy +Department is entitled to great credit for the promptness, efficiency, and +economy with which this expedition was fitted out and conducted. It +consisted of 19 armed vessels, great and small, carrying 200 guns and 2,500 +men, all under the command of the veteran and gallant Shubrick. The entire +expenses of the expedition have been defrayed out of the ordinary +appropriations for the naval service, except the sum of $289,000, applied +to the purchase of seven of the steamers constituting a part of it, under +the authority of the naval appropriation act of the 3d March last. It is +believed that these steamers are worth more than their cost, and they are +all now usefully and actively employed in the naval service. + +The appearance of so large a force, fitted out in such a prompt manner, in +the far-distant waters of the La Plata, and the admirable conduct of the +officers and men employed in it, have had a happy effect in favor of our +country throughout all that remote portion of the world. Our relations with +the great Empires of France and Russia, as well as with all other +governments on the continent of Europe, unless we may except that of Spain, +happily continue to be of the most friendly character. In my last annual +message I presented a statement of the unsatisfactory condition of our +relations with Spain, and I regret to say that this has not materially +improved. + +Without special reference to other claims, even the "Cuban claims," the +payment of which has been ably urged by our ministers, and in which more +than a hundred of our citizens are directly interested, remain unsatisfied, +notwithstanding both their justice and their amount ($128,635.54) had been +recognized and ascertained by the Spanish Government itself. + +I again recommend that an appropriation be made "to be paid to the Spanish +Government for the purpose of distribution among the claimants in the +Amistad case." In common with two of my predecessors, I entertain no doubt +that this is required by our treaty with Spain of the 27th October, 1795. +The failure to discharge this obligation has been employed by the cabinet +of Madrid as a reason against the settlement of our claims. + +I need not repeat the arguments which I urged in my last annual message in +favor of the acquisition of Cuba by fair purchase. My opinions on that +measure remain unchanged. I therefore again invite the serious attention of +Congress to this important subject. Without a recognition of this policy on +their part it will be almost impossible to institute negotiations with any +reasonable prospect of success. Until a recent period there was good reason +to believe that I should be able to announce to you on the present occasion +that our difficulties with Great Britain arising out of the Clayton and +Bulwer treaty had been finally adjusted in a manner alike honorable and +satisfactory to both parties. From causes, however, which the British +Government had not anticipated, they have not yet completed treaty +arrangements with the Republics of Honduras and Nicaragua, in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished. + +Whilst indulging the hope that no other subject remained which could +disturb the good understanding between the two countries, the question +arising out of the adverse claims of the parties to the island of San Juan, +under the Oregon treaty of the 15th June, 1846, suddenly assumed a +threatening prominence. In order to prevent unfortunate collisions on that +remote frontier, the late Secretary of State, on the 17th July, 1855, +addressed a note to Mr. Crampton, then British minister at Washington, +communicating to him a copy of the instructions which he (Mr. Marcy) had +given on the 14th July to Governor Stevens, of Washington Territory, having +a special reference to an "apprehended conflict between our citizens and +the British subjects on the island of San Juan." To prevent this the +governor was instructed "that the officers of the Territory should abstain +from all acts on the disputed grounds which are calculated to provoke any +conflicts, so far as it can be done without implying the concession to the +authorities of Great Britain of an exclusive right over the premises. The +title ought to be settled before either party should attempt to exclude the +other by force or exercise complete and exclusive sovereign rights within +the fairly disputed limits." In acknowledging the receipt on the next day +of Mr. Marcy's note the British minister expressed his entire concurrence +"in the propriety of the course recommended to the governor of Washington +Territory by your [Mr. Marcy's] instructions to that officer," and stating +that he had "lost no time in transmitting a copy of that document to the +Governor-General of British North America" and had "earnestly recommended +to His Excellency to take such measures as to him may appear best +calculated to secure on the part of the British local authorities and the +inhabitants of the neighborhood of the line in question the exercise of the +same spirit of forbearance which is inculcated by you [Mr. Marcy] on the +authorities and citizens of the United States." + +Thus matters remained upon the faith of this arrangement until the 9th July +last, when General Harney paid a visit to the island. He found upon it +twenty-five American residents with their families, and also an +establishment of the Hudsons Bay Company for the purpose of raising sheep. +A short time before his arrival one of these residents had shot an animal +belonging to the company whilst trespassing upon his premises, for which, +however, he offered to pay twice its value, but that was refused. Soon +after "the chief factor of the company at Victoria, Mr. Dalles, son-in-law +of Governor Douglas, came to the island in the British sloop of war +Satellite and threatened to take this American [Mr. Cutler] by force to +Victoria to answer for the trespass he had committed. The American seized +his rifle and told Mr. Dalles if any such attempt was made he would kill +him upon the spot. The affair then ended." + +Under these circumstances the American settlers presented a petition to the +General "through the United States inspector of customs, Mr. Hubbs, to +place a force upon the island to protect them from the Indians as well as +the oppressive interference of the authorities of the Hudsons Bay Company +at Victoria with their rights as American citizens." The General +immediately responded to this petition, and ordered Captain George E. +Pickett, Ninth Infantry, "to establish his company on Bellevue, or San Juan +Island, on some suitable position near the harbor at the southeastern +extremity." This order was promptly obeyed and a military post was +established at the place designated. The force was afterwards increased, so +that by the last return the whole number of troops then on the island +amounted in the aggregate to 691 men. + +Whilst I do not deem it proper on the present occasion to go further into +the subject and discuss the weight which ought to be attached to the +statements of the British colonial authorities contesting the accuracy of +the information on which the gallant General acted, it was due to him that +I should thus present his own reasons for issuing the order to Captain +Pickett. From these it is quite clear his object was to prevent the British +authorities on Vancouvers Island from exercising jurisdiction over American +residents on the island of San Juan, as well as to protect them against the +incursions of the Indians. Much excitement prevailed for some time +throughout that region, and serious danger of collision between the parties +was apprehended. The British had a large naval force in the vicinity, and +it is but an act of simple justice to the admiral on that station to state +that he wisely and discreetly forbore to commit any hostile act, but +determined to refer the whole affair to his Government and await their +instructions. + +This aspect of the matter, in my opinion, demanded serious attention. It +would have been a great calamity for both nations had they been +precipitated into acts of hostility, not on the question of title to the +island, but merely concerning what should be its condition during the +intervening period whilst the two Governments might be employed in settling +the question to which of them it belongs. For this reason +Lieutenant-General Scott was dispatched, on the 17th of September last, to +Washington Territory to take immediate command of the United States forces +on the Pacific Coast, should he deem this necessary. The main object of his +mission was to carry out the spirit of the precautionary arrangement +between the late Secretary of State and the British minister, and thus to +preserve the peace and prevent collision between the British and American +authorities pending the negotiations between the two Governments. +Entertaining no doubt of the validity of our title, I need scarcely add +that in any event American citizens were to be placed on a footing at least +as favorable as that of British subjects, it being understood that Captain +Pickett's company should remain on the island. It is proper to observe +that, considering the distance from the scene of action and in ignorance of +what might have transpired on the spot before the General's arrival, it was +necessary to leave much to his discretion; and I am happy to state the +event has proven that this discretion could not have been intrusted to more +competent hands. General Scott has recently returned from his mission, +having successfully accomplished its objects, and there is no longer any +good reason to apprehend a collision between the forces of the two +countries during the pendency of the existing negotiations. I regret to +inform you that there has been no improvement in the affairs of Mexico +since my last annual message, and I am again obliged to ask the earnest +attention of Congress to the unhappy condition of that Republic. + +The constituent Congress of Mexico, which adjourned on the 17th February, +1857, adopted a constitution and provided for a popular election. This took +place in the following July (1857), and General Comonfort was chosen +President almost without opposition. At the same election a new Congress +was chosen, whose first session commenced on the 16th of September (1857). +By the constitution of 1857 the Presidential term was to begin on the 1st +of December (1857) and continue for four years. On that day General +Comonfort appeared before the assembled Congress in the City of Mexico, +took the oath to support the new constitution, and was duly inaugurated as +President. Within a month afterwards he had been driven from the capital +and a military rebellion had assigned the supreme power of the Republic to +General Zuloaga. The constitution provided that in the absence of the +President his office should devolve upon the chief justice of the supreme +court; and General Comonfort having left the country, this functionary, +General Juarez, proceeded to form at Guanajuato a constitutional +Government. Before this was officially known, however, at the capital the +Government of Zuloaga had been recognized by the entire diplomatic corps, +including the minister of the United States, as the de facto Government of +Mexico. The constitutional President, nevertheless, maintained his position +with firmness, and was soon established, with his cabinet, at Vera Cruz. +Meanwhile the Government of Zuloaga was earnestly resisted in many parts of +the Republic, and even in the capital, a portion of the army having +pronounced against it, its functions were declared terminated, and an +assembly of citizens was invited for the choice of a new President. This +assembly elected General Miramort, but that officer repudiated the plan +under which he was chosen, and Zuloaga was thus restored to his previous +position. He assumed it, however, only to withdraw from it; and Miramon, +having become by his appointment "President substitute," continues with +that title at the head of the insurgent party. + +In my last annual message I communicated to Congress the circumstances +under which the late minister of the United States suspended his official +relations with the central Government and withdrew from the country. It was +impossible to maintain friendly intercourse with a government like that at +the capital, under whose usurped authority wrongs were constantly +committed, but never redressed. Had this been an established government, +with its power extending by the consent of the people over the whole of +Mexico, a resort to hostilities against it would have been quite +justifiable, and, indeed, necessary. But the country was a prey to civil +war, and it was hoped that the success of the constitutional President +might lead to a condition of things less injurious to the United States. +This success became so probable that in January last I employed a reliable +agent to visit Mexico and report to me the actual condition and prospects +of the contending parties. In consequence of his report and from +information which reached me from other sources favorable to the prospects +of the constitutional cause, I felt justified in appointing a new minister +to Mexico, who might embrace the earliest suitable opportunity of restoring +our diplomatic relations with that Republic. For this purpose a +distinguished citizen of Maryland was selected, who proceeded on his +mission on the 8th of March last, with discretionary authority to recognize +the Government of President Juarez if on his arrival in Mexico he should +find it entitled to such recognition according to the established practice +of the United States. + +On the 7th of April following Mr. McLane presented his credentials to +President Juarez, having no hesitation "in pronouncing the Government of +Juarez to be the only existing government of the Republic." He was +cordially received by the authorities at Vera Cruz, and they have ever +since manifested the most friendly disposition toward the United States. + +Unhappily, however, the constitutional Government has not been able to +establish its power over the whole Republic. It is supported by a large +majority of the people and the States, but there are important parts of the +country where it can enforce no obedience. + +General Miramon maintains himself at the capital, and in some of the +distant Provinces there are military governors who pay little respect to +the decrees of either Government. In the meantime the excesses which always +attend upon civil war, especially in Mexico, are constantly recurring. +Outrages of the worst description are committed both upon persons and +property. There is scarcely any form of injury which has not been suffered +by our citizens in Mexico during the last few years. We have been nominally +at peace with that Republic, but "so far as the interests of our commerce, +or of our citizens who have visited the country as merchants, shipmasters, +or in other capacities, are concerned, we might as well have been at war." +Life has been insecure, property unprotected, and trade impossible except +at a risk of loss which prudent men can not be expected to incur. Important +contracts, involving large expenditures, entered into by the central +Government, have been set at defiance by the local governments. Peaceful +American residents, occupying their rightful possessions, have been +suddenly expelled the country, in defiance of treaties and by the mere +force of arbitrary power. Even the course of justice has not been safe from +control, and a recent decree of Miramort permits the intervention of +Government in all suits where either party is a foreigner. Vessels of the +United States have been seized without law, and a consular officer who +protested against such seizure has been fined and imprisoned for disrespect +to the authorities. Military contributions have been levied in violation of +every principle of right, and the American who resisted the lawless demand +has had his property forcibly taken away and has been himself banished. +From a conflict of authority in different parts of the country tariff +duties which have been paid in one place have been exacted over again in +another place. Large numbers of our citizens have been arrested and +imprisoned without any form of examination or any opportunity for a +hearing, and even when released have only obtained their liberty after much +suffering and injury, and without any hope of redress. The wholesale +massacre of Crabbe and his associates without trial in Sonora, as well as +the seizure and murder of four sick Americans who had taken shelter in the +house of an American upon the soil of the United States, was communicated +to Congress at its last session. Murders of a still more atrocious +character have been committed in the very heart of Mexico, under the +authority of Miramon's Government, during the present year. Some of these +were only worthy of a barbarous age, and if they had not been dearly proven +would have seemed impossible in a country which claims to be civilized. Of +this description was the brutal massacre in April last, by order of General +Marquez, of three American physicians who were seized in the hospital at +Tacubaya while attending upon the sick and the dying of both parties, and +without trial, as without crime, were hurried away to speedy execution. +Little less shocking was the recent fate of Ormond Chase, who was shot in +Tepic on the 7th of August by order of the same Mexican general, not only +without a trial, but without any conjecture by his friends of the cause of +his arrest. He is represented as a young man of good character and +intelligence, who had made numerous friends in Tepic by the courage and +humanity which he had displayed on several trying occasions; and his death +was as unexpected as it was shocking to the whole community. Other outrages +might be enumerated, but these are sufficient to illustrate the wretched +state of the country and the unprotected condition of the persons and +property of our citizens in Mexico. + +In all these cases our ministers have been constant and faithful in their +demands for redress, but both they and this Government, which they have +successively represented, have been wholly powerless to make their demands +effective. Their testimony in this respect and in reference to the only +remedy which in their judgments would meet the exigency has been both +uniform and emphatic. "Nothing but a manifestation of the power of the +Government of the United States," wrote our late minister in 1856, "and of +its purpose to punish these wrongs will avail. I assure you that the +universal belief here is that there is nothing to be apprehended from the +Government of the United States, and that local Mexican officials can +commit these outrages upon American citizens with absolute impunity." "I +hope the President," wrote our present minister in August last, "will feel +authorized to ask from Congress the power to enter Mexico with the military +forces of the United States at the call of the constitutional authorities, +in order to protect the citizens and the treaty rights of the United +States. Unless such a power is conferred upon him, neither the one nor the +other will be respected in the existing state of anarchy and disorder, and +the outrages already perpetrated will never be chastised; and, as I assured +you in my No. 23, all these evils must increase until every vestige of +order and government disappears from the country." I have been reluctantly +led to the same opinion, and in justice to my countrymen who have suffered +wrongs from Mexico and who may still suffer them I feel bound to announce +this conclusion to Congress. + +The case presented, however, is not merely a case of individual claims, +although our just claims against Mexico have reached a very large amount; +nor is it merely the case of protection to the lives and property of the +few Americans who may still remain in Mexico, although the life and +property of every American citizen ought to be sacredly protected in every +quarter of the world; but it is a question which relates to the future as +well as to the present and the past, and which involves, indirectly at +least, the whole subject of our duty to Mexico as a neighboring State. The +exercise of the power of the United States in that country to redress the +wrongs and protect the rights of our own citizens is none the less to be +desired because efficient and necessary aid may thus be rendered at the +same time to restore peace and order to Mexico itself. In the +accomplishment of this result the people of the United States must +necessarily feel a deep and earnest interest. Mexico ought to be a rich and +prosperous and powerful Republic. She possesses an extensive territory, a +fertile soil, and an incalculable store of mineral wealth. She occupies an +important position between the Gulf and the ocean for transit routes and +for commerce. Is it possible that such a country as this can be given up to +anarchy and ruin without an effort from any quarter for its rescue and its +safety? Will the commercial nations of the world, which have so many +interests connected with it, remain wholly indifferent to such a result? +Can the United States especially, which ought to share most largely in its +commercial intercourse, allow their immediate neighbor thus to destroy +itself and injure them? Yet without support from some quarter it is +impossible to perceive how Mexico can resume her position among nations and +enter upon a career which promises any good results. The aid which she +requires, and which the interests of all commercial countries require that +she should have, it belongs to this Government to render, not only by +virtue of our neighborhood to Mexico, along whose territory we have a +continuous frontier of nearly a thousand miles, but by virtue also of our +established policy, which is inconsistent with the intervention of any +European power in the domestic concerns of that Republic. + +The wrongs which we have suffered from Mexico are before the world and must +deeply impress every American citizen. A government which is either unable +or unwilling to redress such wrongs is derelict to its highest duties. The +difficulty consists in selecting and enforcing the remedy. We may in vain +apply to the constitutional Government at Vera Cruz, although it is well +disposed to do us justice, for adequate redress. Whilst its authority is +acknowledged in all the important ports and throughout the seacoasts of the +Republic, its power does not extend to the City of Mexico and the States in +its vicinity, where nearly all the recent outrages have been committed on +American citizens. We must penetrate into the interior before we can reach +the offenders, and this can only be done by passing through the territory +in the occupation of the constitutional Government. The most acceptable and +least difficult mode of accomplishing the object will be to act in concert +with that Government. Their consent and their aid might, I believe, be +obtained; but if not, our obligation to protect our own citizens in their +just rights secured by treaty would not be the less imperative. For these +reasons I recommend to Congress to pass a law authorizing the President +under such conditions as they may deem expedient, to employ a sufficient +military force to enter Mexico for the purpose of obtaining indemnity for +the past and security for the future. I purposely refrain from any +suggestion as to whether this force shall consist of regular troops or +volunteers, or both. This question may be most appropriately left to the +decision of Congress. I would merely observe that should volunteers be +selected such a force could be easily raised in this country among those +who sympathize with the sufferings of our unfortunate fellow-citizens in +Mexico and with the unhappy condition of that Republic. Such an accession +to the forces of the constitutional Government would enable it soon to +reach the City of Mexico and extend its power over the whole Republic. In +that event there is no reason to doubt that the just claims of our citizens +would be satisfied and adequate redress obtained for the injuries inflicted +upon them. The constitutional Government have ever evinced a strong desire +to do justice, and this might be secured in advance by a preliminary +treaty. + +It may be said that these measures will, at least indirectly, be +inconsistent with our wise and settled policy not to interfere in the +domestic concerns of foreign nations. But does not the present case fairly +constitute an exception? An adjoining Republic is in a state of anarchy and +confusion from which she has proved wholly unable to extricate herself. She +is entirely destitute of the power to maintain peace upon her borders or to +prevent the incursions of banditti into our territory. In her fate and in +her fortune, in her power to establish and maintain a settled government, +we have a far deeper interest, socially, commercially, and politically, +than any other nation. She is now a wreck upon the ocean, drifting about as +she is impelled by different factions. As a good neighbor, shall we not +extend to her a helping hand to save her? If we do not, it would not be +surprising should some other nation undertake the task, and thus force us +to interfere at last, under circumstances of increased difficulty, for the +maintenance of our established policy. + +I repeat the recommendation contained in my last annual message that +authority may be given to the President to establish one or more temporary +military posts across the Mexican line in Sonora and Chihuahua, where these +may be necessary to protect the lives and property of American and Mexican +citizens against the incursions and depredations of the Indians, as well as +of lawless rovers, on that remote region. The establishment of one such +post at a point called Arispe, in Sonora, in a country now almost +depopulated by the hostile inroads of the Indians from our side of the +line, would, it is believed, have prevented much injury and many cruelties +during the past season. A state of lawlessness and violence prevails on +that distant frontier. Life and property are there wholly insecure. The +population of Arizona, now numbering more than 10,000 souls, are +practically destitute of government, of laws, or of any regular +administration of justice. Murder, rapine, and other crimes are committed +with impunity. I therefore again call the attention of Congress to the +necessity for establishing a Territorial government over Arizona. + +The treaty with Nicaragua of the 16th of February, 1857, to which I +referred in my last annual message, failed to receive the ratification of +the Government of that Republic, for reasons which I need not enumerate. A +similar treaty has been since concluded between the parties, bearing date +on the 16th March, 1859, which has already been ratified by the Nicaraguan +Congress. This will be immediately submitted to the Senate for their +ratification. Its provisions can not, I think, fail to be acceptable to the +people of both countries. + +Our claims against the Governments of Costa Rica and Nicaragua remain +unredressed, though they are pressed in an earnest manner and not without +hope of success. + +I deem it to be my duty once more earnestly to recommend to Congress the +passage of a law authorizing the President to employ the naval force at his +command for the purpose of protecting the lives and property of American +citizens passing in transit across the Panama, Nicaragua, and Tehuantepec +routes against sudden and lawless outbreaks and depredations. I shall not +repeat the arguments employed in former messages in support of this +measure. Suffice it to say that the lives of many of our people and the +security of vast amounts of treasure passing and repassing over one or more +of these routes between the Atlantic and Pacific may be deeply involved in +the action of Congress on this subject. + +I would also again recommend to Congress that authority be given to the +President to employ the naval force to protect American merchant vessels, +their crews and cargoes, against violent and lawless seizure and +confiscation in the ports of Mexico and the Spanish American States when +these countries may be in a disturbed and revolutionary condition. The mere +knowledge that such an authority had been conferred, as I have already +stated, would of itself in a great degree prevent the evil. Neither would +this require any additional appropriation for the naval service. + +The chief objection urged against the grant of this authority is that +Congress by conferring it would violate the Constitution; that it would be +a transfer of the war-making, or, strictly speaking, the war-declaring, +power to the Executive. If this were well rounded, it would, of course, be +conclusive. A very brief examination, however, will place this objection at +rest. + +Congress possess the sole and exclusive power under the Constitution "to +declare war." They alone can "raise and support armies" and "provide and +maintain a navy." But after Congress shall have declared war and provided +the force necessary to carry it on the President, as Commander in Chief of +the Army and Navy, can alone employ this force in making war against the +enemy. This is the plain language, and history proves that it was the +well-known intention of the framers, of the Constitution. + +It will not be denied that the general "power to declare war" is without +limitation and embraces within itself not only what writers on the law of +nations term a public or perfect war, but also an imperfect war, and, in +short, every species of hostility, however confined or limited. Without the +authority of Congress the President can not fire a hostile gun in any case +except to repel the attacks of an enemy. It will not be doubted that under +this power Congress could, if they thought proper, authorize the President +to employ the force at his command to seize a vessel belonging to an +American citizen which had been illegally and unjustly captured in a +foreign port and restore it to its owner. But can Congress only act after +the fact, after the mischief has been done? Have they no power to confer +upon the President the authority in advance to furnish instant redress +should such a case afterwards occur? Must they wait until the mischief has +been done, and can they apply the remedy only when it is too late? To +confer this authority to meet future cases under circumstances strictly +specified is as clearly within the war-declaring power as such an authority +conferred upon the President by act of Congress after the deed had been +done. In the progress of a great nation many exigencies must arise +imperatively requiring that Congress should authorize the President to act +promptly on certain conditions which may or may not afterwards arise. Our +history has already presented a number of such cases. I shall refer only to +the latest. Under the resolution of June 2, 1858, "for the adjustment of +difficulties with the Republic of Paraguay," the President is "authorized +to adopt such measures and use such force as in his judgment may be +necessary and advisable in the event of a refusal of just satisfaction by +the Government of Paraguay." "Just satisfaction" for what? For "the attack +on the United States steamer Water Witch" and "other matters referred to in +the annual message of the President." Here the power is expressly granted +upon the condition that the Government of Paraguay shall refuse to render +this "just satisfaction." In this and other similar cases Congress have +conferred upon the President power in advance to employ the Army and Navy +upon the happening of contingent future events; and this most certainly is +embraced within the power to declare war. + +Now, if this conditional and contingent power could be constitutionally +conferred upon the President in the case of Paraguay, why may it not be +conferred for the purpose of protecting the lives and property of American +citizens in the event that they may be violently and unlawfully attacked in +passing over the transit routes to and from California or assailed by the +seizure of their vessels in a foreign port? To deny this power is to render +the Navy in a great degree useless for the protection of the lives and +property of American citizens in countries where neither protection nor +redress can be otherwise obtained. + +The Thirty-fifth Congress terminated on the 3d of March, 1859, without +having passed the "act making appropriations for the service of the +Post-Office Department during the fiscal year ending the 30th of June, +1860," This act also contained an appropriation "to supply deficiencies in +the revenue of the Post-Office Department for the year ending 30th June, +1859." I believe this is the first instance since the origin of the Federal +Government, now more than seventy years ago, when any Congress went out of +existence without having passed all the general appropriation bills +necessary to carry on the Government until the regular period for the +meeting of a new Congress. This event imposed on the Executive a grave +responsibility. It presented a choice of evils. + +Had this omission of duty occurred at the first session of the last +Congress, the remedy would have been plain. I might then have instantly +recalled them to complete their work, and this without expense to the +Government. But on the 4th of March last there were fifteen of the +thirty-three States which had not elected any Representatives to the +present Congress. Had Congress been called together immediately, these +States would have been virtually disfranchised. If an intermediate period +had been selected, several of the States would have been compelled to hold +extra sessions of their legislatures, at great inconvenience and expense, +to provide for elections at an earlier day than that previously fixed by +law. In the regular course ten of these States would not elect until after +the beginning of August, and five of these ten not until October and +November. + +On the other hand, when I came to examine carefully the condition of the +Post-Office Department, I did not meet as many or as great difficulties as +I had apprehended. Had the bill which failed been confined to +appropriations for the fiscal year ending on the 30th June next, there +would have been no reason of pressing importance for the call of an extra +session. Nothing would become due on contracts (those with railroad +companies only excepted) for carrying the mail for the first quarter of the +present fiscal year, commencing on the 1st of July, until the 1st of +December--less than one week before the meeting of the present Congress. +The reason is that the mail contractors for this and the current year did +not complete their first quarter's service until the 30th September last, +and by the terms of their contracts sixty days more are allowed for the +settlement of their accounts before the Department could be called upon for +payment. + +The great difficulty and the great hardship consisted in the failure to +provide for the payment of the deficiency in the fiscal year ending the +30th June, 1859. The Department had entered into contracts, in obedience to +existing laws, for the service of that fiscal year, and the contractors +were fairly entitled to their compensation as it became due. The deficiency +as stated in the bill amounted to $3,838,728, but after a careful +settlement of all these accounts it has been ascertained that it amounts to +$4,296,009. With the scanty means at his command the Postmaster-General has +managed to pay that portion of this deficiency which occurred in the first +two quarters of the past fiscal year, ending on the 31st December last. In +the meantime the contractors themselves, under these trying circumstances, +have behaved in a manner worthy of all commendation. They had one resource +in the midst of their embarrassments. After the amount due to each of them +had been ascertained and finally settled according to law, this became a +specific debt of record against the United States, which enabled them to +borrow money on this unquestionable security. Still, they were obliged to +pay interest in consequence of the default of Congress, and on every +principle of justice ought to receive interest from the Government. This +interest should commence from the date when a warrant would have issued for +the payment of the principal had an appropriation been made for this +purpose. Calculated up to the 1st December, it will not exceed $96,660--a +sum not to be taken into account when contrasted with the great +difficulties and embarrassments of a public and private character, both to +the people and the States, which would have resulted from convening and +holding a special session of Congress. For these reasons I recommend the +passage of a bill at as early a day as may be practicable to provide for +the payment of the amount, with interest, due to these last-mentioned +contractors, as well as to make the necessary appropriations for the +service of the Post-Office Department for the current fiscal year. + +The failure to pass the Post-Office bill necessarily gives birth to serious +reflections. Congress, by refusing to pass the general appropriation bills +necessary to carry on the Government, may not only arrest its action, but +might even destroy its existence. The Army, the Navy, the judiciary, in +short, every department of the Government, can no longer perform their +functions if Congress refuse the money necessary for their support. If this +failure should teach the country the necessity of electing a full Congress +in sufficient time to enable the President to convene them in any +emergency, even immediately after the old Congress has expired, it will +have been productive of great good. In a time of sudden and alarming +danger, foreign or domestic, which all nations must expect to encounter in +their progress, the very salvation of our institutions may be staked upon +the assembling of Congress without delay. If under such circumstances the +President should find himself in the condition in which he was placed at +the close of the last Congress, with nearly half the States of the Union +destitute of representatives, the consequences might he disastrous. I +therefore recommend to Congress to carry into effect the provisions of the +Constitution on this subject, and to pass a law appointing some day +previous to the 4th March in each year of odd number for the election of +Representatives throughout all the States. They have already appointed a +day for the election of electors for President and Vice-President, and this +measure has been approved by the country. + +I would again express a most decided opinion in favor of the construction +of a Pacific railroad, for the reasons stated in my two last annual +messages. When I reflect upon what would be the defenseless condition of +our States and Territories west of the Rocky Mountains in case of a war +with a naval power sufficiently strong to interrupt all intercourse with +them by the routes across the Isthmus, I am still more convinced than ever +of the vast importance of this railroad. I have never doubted the +constitutional competency of Congress to provide for its construction, but +this exclusively under the war-making power. Besides, the Constitution +expressly requires as an imperative duty that "the United States shall +protect each of them [the States] against invasion." I am at a loss to +conceive how this protection can be afforded to California and Oregon +against such a naval power by any other means. I repeat the opinion +contained in my last annual message that it would be inexpedient for the +Government to undertake this great work by agents of its own appointment +and under its direct and exclusive control. This would increase the +patronage of the Executive to a dangerous extent and would foster a system +of jobbing and corruption which no vigilance on the part of Federal +officials could prevent. The construction of this road ought, therefore, to +be intrusted to incorporated companies or other agencies who would exercise +that active and vigilant supervision over it which can be inspired alone by +a sense of corporate and individual interest. I venture to assert that the +additional cost of transporting troops, munitions of war, and necessary +supplies for the Army across the vast intervening plains to our possessions +on the Pacific Coast would be greater in such a war than the whole amount +required to construct the road. And yet this resort would after all be +inadequate for their defense and protection. + +We have yet scarcely recovered from the habits of extravagant expenditure +produced by our overflowing Treasury during several years prior to the +commencement of my Administration. The financial reverses which we have +since experienced ought to teach us all to scrutinize our expenditures with +the greatest vigilance and to reduce them to the lowest possible point. The +Executive Departments of the Government have devoted themselves to the +accomplishment of this object with considerable success, as will appear +from their different reports and estimates. To these I invite the scrutiny +of Congress, for the purpose of reducing them still lower, if this be +practicable consistent with the great public interests of the country. In +aid of the policy of retrenchment, I pledge myself to examine closely the +bills appropriating lands or money, so that if any of these should +inadvertently pass both Houses, as must sometimes be the case, I may afford +them an opportunity for reconsideration. At the same time, we ought never +to forget that true public economy consists not in withholding the means +necessary to accomplish important national objects confided to us by the +Constitution, but in taking care that the money appropriated for these +purposes shall be faithfully and frugally expended. + +It will appear from the report of the Secretary of the Treasury that it is +extremely doubtful, to say the least, whether we shall be able to pass +through the present and the next fiscal year without providing additional +revenue. This can only be accomplished by strictly confining the +appropriations within the estimates of the different Departments, without +making an allowance for any additional expenditures which Congress may +think proper, in their discretion, to authorize, and without providing for +the redemption of any portion of the $20,000,000 of Treasury notes which +have been already issued. In the event of a deficiency, which I consider +probable, this ought never to be supplied by a resort to additional loans. +It would be a ruinous practice in the days of peace and prosperity to go on +increasing the national debt to meet the ordinary expenses of the +Government. This policy would cripple our resources and impair our credit +in case the existence of war should render it necessary to borrow money. +Should such a deficiency occur as I apprehend, I would recommend that the +necessary revenue be raised by an increase of our present duties on +imports. I need not repeat the opinions expressed in my last annual message +as to the best mode and manner of accomplishing this object, and shall now +merely observe that these have since undergone no change. The report of the +Secretary of the Treasury will explain in detail the operations of that +Department of the Government. The receipts into the Treasury from all +sources during the fiscal year ending June 30, 1859, including the loan +authorized by the act of June 14, 1858, and the issues of Treasury notes +authorized by existing laws, were $81,692,471.01, which sum, with the +balance of $6,398,316.10 remaining in the Treasury at the commencement of +that fiscal year, made an aggregate for the service of the year of +$88,090,787.11. + +The public expenditures during the fiscal year ending June 30, 1859, +amounted to $83,751,511.57. Of this sum $17,405,285.44 were applied to the +payment of interest on the public debt and the redemption of the issues of +Treasury notes. The expenditures for all other branches of the public +service during that fiscal year were therefore $66,346,226.13. The balance +remaining in the Treasury on the 1st July, 1859, being the commencement of +the present fiscal year, was $4,339,275.54. The receipts into the Treasury +during the first quarter of the present fiscal year, commencing July 1, +1859, were $20,618,865.85. Of this amount $3,821,300 was received on +account of the loan and the issue of Treasury notes, the amount of +$16,797,565.85 having been received during the quarter from the ordinary +sources of public revenue. The estimated receipts for the remaining three +quarters of the present fiscal year, to June 30, 1860, are $50,426,400. Of +this amount it is estimated that $5,756,400 will be received for Treasury +notes which may be reissued under the fifth section of the act of 3d March +last, and $1,170,000 on account of the loan authorized by the act of June +14, 1858, making $6,926,400 from these extraordinary sources, and +$43,500,000 from the ordinary sources of the public revenue, making an +aggregate, with the balance in the Treasury on the 1st July, 1859, of +$75,384,541.89 for the estimated means of the present fiscal year, ending +June 30, 1860. + +The expenditures during the first quarter of the present fiscal year were +$20,007,174.76. Four million six hundred and sixty-four thousand three +hundred and sixty-six dollars and seventy-six cents of this sum were +applied to the payment of interest on the public debt and the redemption of +the issues of Treasury notes, and the remainder, being $15,342,808, were +applied to ordinary expenditures during the quarter. The estimated +expenditures during the remaining three quarters, to June 30, 1860, are +$40,995,558.23, of which sum $2,886,621.34 are estimated for the interest +on the public debt. The ascertained and estimated expenditures for the +fiscal year ending June 30, 1860, on account of the public debt are +accordingly $7,550,988.10, and for the ordinary expenditures of the +Government $53,451,744.89, making an aggregate of $61,002,732.99, leaving +an estimated balance in the Treasury on June 30, 1860, of $14,381,808.40. + +The estimated receipts during the next fiscal year, ending June 30, 1861, +are $66,225,000, which, with the balance estimated, as before stated, as +remaining in the Treasury on the 30th June, 1860, will make an aggregate +for the service of the next fiscal year of $80,606,808.40. + +The estimated expenditures during the next fiscal year, ending 30th June, +1861, are $66,714,928.79. Of this amount $3,386,621.34 will be required to +pay the interest on the public debt, leaving the sum of $63,328,307.45 for +the estimated ordinary expenditures during the fiscal year ending 30th +June, 1861. Upon these estimates a balance will be left in the Treasury on +the 30th June, 1861, of $13,891,879.61. But this balance, as well as that +estimated to remain in the Treasury on the 1st July, 1860, will be reduced +by such appropriations as shall be made by law to carry into effect certain +Indian treaties during the present fiscal year, asked for by the Secretary +of the Interior, to the amount of $539,350; and upon the estimates of the +postmaster-General for the service of his Department the last fiscal year, +ending 30th June, 1859, amounting to $4,296,009, together with the further +estimate of that officer for the service of the present fiscal year, ending +30th June, 1860, being $5,526,324, making an aggregate of $10,361,683. + +Should these appropriations be made as requested by the proper Departments, +the balance in the Treasury on the 30th June, 1861, will not, it is +estimated, exceed $3,530,196.61. + +I transmit herewith the reports of the Secretaries of War, of the Navy, of +the Interior, and of the postmaster-General. They each contain valuable +information and important recommendations well worthy of the serious +consideration of Congress. It will appear from the report of the Secretary +of War that the Army expenditures have been materially reduced by a system +of rigid economy, which in his opinion offers every guaranty that the +reduction will be permanent. The estimates of the Department for the next +have been reduced nearly $2,000,000 below the estimates for the present +fiscal year and $500,000 below the amount granted for this year at the last +session of Congress. + +The expenditures of the Post-Office Department during the past fiscal year, +ending on the 30th June, 1859, exclusive of payments for mail service +specially provided for by Congress out of the general Treasury, amounted to +$14,964,493.33 and its receipts to $7,968,484.07, showing a deficiency to +be supplied from the Treasury of $6,996,009.26, against $5,235,677.15 for +the year ending 30th June, 1858. The increased cost of transportation, +growing out of the expansion of the service required by Congress, explains +this rapid augmentation of the expenditures. It is gratifying, however, to +observe an increase of receipts for the year ending on the 30th of June, +1859, equal to $481,691.21 compared with those in the year ending on the +30th June, 1858. + +It is estimated that the deficiency for the current fiscal year will be +$5,988,424.04, but that for the year ending 30th June, 1861, it will not +exceed $1,342,473.90 should Congress adopt the measures of reform proposed +and urged by the Postmaster-General. Since the month of March retrenchments +have been made in the expenditures amounting to $1,826,471 annually, which, +however, did not take effect until after the commencement of the present +fiscal year. The period seems to have arrived for determining the question +whether this Department shall become a permanent and ever-increasing charge +upon the Treasury, or shall be permitted to resume the self-sustaining +policy which had so long controlled its administration. The course of +legislation recommended by the Postmaster-General for the relief of the +Department from its present embarrassments and for restoring it to its +original independence is deserving of your early and earnest +consideration. + +In conclusion I would again commend to the just liberality of Congress the +local interests of the District of Columbia. Surely the city bearing the +name of Washington, and destined, I trust, for ages to be the capital of +our united, free, and prosperous Confederacy, has strong claims on our +favorable regard. + +*** + +State of the Union Address +James Buchanan +December 3, 1860 + +Fellow-Citizens of the Senate and House of Representatives: + +Throughout the year since our last meeting the country has been eminently +prosperous in all its material interests. The general health has been +excellent, our harvests have been abundant, and plenty smiles throughout +the laud. Our commerce and manufactures have been prosecuted with energy +and industry, and have yielded fair and ample returns. In short, no nation +in the tide of time has ever presented a spectacle of greater material +prosperity than we have done until within a very recent period. + +Why is it, then, that discontent now so extensively prevails, and the Union +of the States, which is the source of all these blessings, is threatened +with destruction? + +The long-continued and intemperate interference of the Northern people with +the question of slavery in the Southern States has at length produced its +natural effects. The different sections of the Union are now arrayed +against each other, and the time has arrived, so much dreaded by the Father +of his Country, when hostile geographical parties have been formed. + +I have long foreseen and often forewarned my countrymen of the now +impending danger. This does not proceed solely from the claim on the part +of Congress or the Territorial legislatures to exclude slavery from the +Territories, nor from the efforts of different States to defeat the +execution of the fugitive-slave law. All or any of these evils might have +been endured by the South without danger to the Union (as others have been) +in the hope that time and reflection might apply the remedy. The immediate +peril arises not so much from these causes as from the fact that the +incessant and violent agitation of the slavery question throughout the +North for the last quarter of a century has at length produced its malign +influence on the slaves and inspired them with vague notions of freedom. +Hence a sense of security no longer exists around the family altar. This +feeling of peace at home has given place to apprehensions of servile +insurrections. Many a matron throughout the South retires at night in dread +of what may befall herself and children before the morning. Should this +apprehension of domestic danger, whether real or imaginary, extend and +intensify itself until it shall pervade the masses of the Southern people, +then disunion will become inevitable. Self-preservation is the first law of +nature, and has been implanted in the heart of man by his Creator for the +wisest purpose; and no political union, however fraught with blessings and +benefits in all other respects, can long continue if the necessary +consequence be to render the homes and the firesides of nearly half the +parties to it habitually and hopelessly insecure. Sooner or later the bonds +of such a union must be severed. It is my conviction that this fatal period +has not yet arrived, and my prayer to God is that He would preserve the +Constitution and the Union throughout all generations. + +But let us take warning in time and remove the cause of danger. It can not +be denied that for five and twenty years the agitation at the North against +slavery has been incessant. In 1835 pictorial handbills and inflammatory +appeals were circulated extensively throughout the South of a character to +excite the passions of the slaves, and, in the language of General Jackson, +"to stimulate them to insurrection and produce all the horrors of a servile +war." This agitation has ever since been continued by the public press, by +the proceedings of State and county conventions and by abolition sermons +and lectures. The time of Congress has been occupied in violent speeches on +this never-ending subject, and appeals, in pamphlet and other forms, +indorsed by distinguished names, have been sent forth from this central +point and spread broadcast over the Union. + +How easy would it be for the American people to settle the slavery question +forever and to restore peace and harmony to this distracted country! They, +and they alone, can do it. All that is necessary to accomplish the object, +and all for which the slave States have ever contended, is to be let alone +and permitted to manage their domestic institutions in their own way. As +sovereign States, they, and they alone, are responsible before God and the +world for the slavery existing among them. For this the people of the North +are not more responsible and have no more fight to interfere than with +similar institutions in Russia or in Brazil. + +Upon their good sense and patriotic forbearance I confess I still greatly +rely. Without their aid it is beyond the power of any President, no matter +what may be his own political proclivities, to restore peace and harmony +among the States. Wisely limited and restrained as is his power under our +Constitution and laws, he alone can accomplish but little for good or for +evil on such a momentous question. + +And this brings me to observe that the election of any one of our +fellow-citizens to the office of President does not of itself afford just +cause for dissolving the Union. This is more especially true if his +election has been effected by a mere plurality, and not a majority of the +people, and has resulted from transient and temporary causes, which may +probably never again occur. In order to justify a resort to revolutionary +resistance, the Federal Government must be guilty of "a deliberate, +palpable, and dangerous exercise" of powers not granted by the +Constitution. + +The late Presidential election, however, has been held in strict conformity +with its express provisions. How, then, can the result justify a revolution +to destroy this very Constitution? Reason, justice, a regard for the +Constitution, all require that we shall wait for some overt and dangerous +act on the part of the President elect before resorting to such a remedy. +It is said, however, that the antecedents of the President-elect have been +sufficient to justify the fears of the South that he will attempt to invade +their constitutional rights. But are such apprehensions of contingent +danger in the future sufficient to justify the immediate destruction of the +noblest system of government ever devised by mortals? From the very nature +of his office and its high responsibilities he must necessarily be +conservative. The stern duty of administering the vast and complicated +concerns of this Government affords in itself a guaranty that he will not +attempt any violation of a clear constitutional right. + +After all, he is no more than the chief executive officer of the +Government. His province is not to make but to execute the laws. And it is +a remarkable fact in our history that, notwithstanding the repeated efforts +of the antislavery party, no single act has ever passed Congress, unless we +may possibly except the Missouri compromise, impairing in the slightest +degree the rights of the South to their property in slaves; and it may also +be observed, judging from present indications, that no probability exists +of the passage of such an act by a majority of both Houses, either in the +present or the next Congress. Surely under these circumstances we ought to +be restrained from present action by the precept of Him who spake as man +never spoke, that "sufficient unto the day is the evil thereof." The day of +evil may never come unless we shall rashly bring it upon ourselves. + +It is alleged as one cause for immediate secession that the Southern States +are denied equal rights with the other States in the common Territories. +But by what authority are these denied? Not by Congress, which has never +passed, and I believe never will pass, any act to exclude slavery from +these Territories; and certainly not by the Supreme Court, which has +solemnly decided that slaves are property, and, like all other property, +their owners have a right to take them into the common Territories and hold +them there under the protection of the Constitution. + +So far then, as Congress is concerned, the objection is not to anything +they have already done, but to what they may do hereafter. It will surely +be admitted that this apprehension of future danger is no good reason for +an immediate dissolution of the Union. It is true that the Territorial +legislature of Kansas, on the 23d February, 1860, passed in great haste an +act over the veto of the governor declaring that slavery "is and shall be +forever prohibited in this Territory." Such an act, however, plainly +violating the rights of property secured by the Constitution, will surely +be declared void by the judiciary whenever it shall be presented in a legal +form. + +Only three days after my inauguration the Supreme Court of the United +States solemnly adjudged that this power did not exist in a Territorial +legislature. Yet such has been the factious temper of the times that the +correctness of this decision has been extensively impugned before the +people, and the question has given rise to angry political conflicts +throughout the country. Those who have appealed from this judgment of our +highest constitutional tribunal to popular assemblies would, if they could, +invest a Territorial legislature with power to annul the sacred rights of +property. This power Congress is expressly forbidden by the Federal +Constitution to exercise. Every State legislature in the Union is forbidden +by its own constitution to exercise it. It can not be exercised in any +State except by the people in their highest sovereign capacity, when +framing or amending their State constitution. In like manner it can only be +exercised by the people of a Territory represented in a convention of +delegates for the purpose of framing a constitution preparatory to +admission as a State into the Union. Then, and not until then, are they +invested with power to decide the question whether slavery shall or shall +not exist within their limits. This is an act of sovereign authority, and +not of subordinate Territorial legislation. Were it otherwise, then indeed +would the equality of the States in the Territories be destroyed, and the +rights of property in slaves would depend not upon the guaranties of the +Constitution, but upon the shifting majorities of an irresponsible +Territorial legislature. Such a doctrine, from its intrinsic unsoundness, +can not long influence any considerable portion of our people, much less +can it afford a good reason for a dissolution of the Union. + +The most palpable violations of constitutional duty which have yet been +committed consist in the acts of different State legislatures to defeat the +execution of the fugitive-slave law. It ought to be remembered, however, +that for these acts neither Congress nor any President can justly be held +responsible. Having been passed in violation of the Federal Constitution, +they are therefore null and void. All the courts, both State and national, +before whom the question has arisen have from the beginning declared the +fugitive-slave law to be constitutional. The single exception is that of a +State court in Wisconsin, and this has not only been reversed by the proper +appellate tribunal, but has met with such universal reprobation that there +can be no danger from it as a precedent. The validity of this law has been +established over and over again by the Supreme Court of the United States +with perfect unanimity. It is rounded upon an express provision of the +Constitution, requiring that fugitive slaves who escape from service in one +State to another shall be "delivered up" to their masters. Without this +provision it is a well-known historical fact that the Constitution itself +could never have been adopted by the Convention. In one form or other, +under the acts of 1793 and 1850, both being substantially the same, the +fugitive-slave law has been the law of the land from the days of Washington +until the present moment. Here, then, a clear case is presented in which it +will be the duty of the next President, as it has been my own, to act with +vigor in executing this supreme law against the conflicting enactments of +State legislatures. Should he fail in the performance of this high duty, he +will then have manifested a disregard of the Constitution and laws, to the +great injury of the people of nearly one-half of the States of the Union. +But are we to presume in advance that he will thus violate his duty? This +would be at war with every principle of justice and of Christian charity. +Let us wait for the overt act. The fugitive-slave law has been carried into +execution in every contested case since the commencement of the present +Administration, though Often, it is to be regretted, with great loss and +inconvenience to the master and with considerable expense to the +Government. Let us trust that the State legislatures will repeal their +unconstitutional and obnoxious enactments. Unless this shall be done +without unnecessary delay, it is impossible for any human power to save the +Union. + +The Southern States, standing on the basis of the Constitution, have right +to demand this act of justice from the States of the North. Should it be +refused, then the Constitution, to which all the States are parties, will +have been willfully violated by one portion of them in a provision +essential to the domestic security and happiness of the remainder. In that +event the injured States, after having first used all peaceful and +constitutional means to obtain redress, would be justified in revolutionary +resistance to the Government of the Union. + +I have purposely confined my remarks to revolutionary resistance, because +it has been claimed within the last few years that any State, whenever this +shall be its sovereign will and pleasure, may secede from the Union in +accordance with the Constitution and without any violation of the +constitutional rights of the other members of the Confederacy; that as each +became parties to the Union by the vote of its own people assembled in +convention, so any one of them may retire from the Union in a similar +manner by the vote of such a convention. + +In order to justify secession as a constitutional remedy, it must be on the +principle that the Federal Government is a mere voluntary association of +States, to be dissolved at pleasure by any one of the contracting parties. +If this be so, the Confederacy is a rope of sand, to be penetrated and +dissolved by the first adverse wave of public opinion in any of the States. +In this manner our thirty-three States may resolve themselves into as many +petty, jarring, and hostile republics, each one retiring from the Union +without responsibility whenever any sudden excitement might impel them to +such a course. By this process a Union might be entirely broken into +fragments in a few weeks which cost our forefathers many years of toil, +privation, and blood to establish. + +Such a principle is wholly inconsistent with the history as well as the +character of the Federal Constitution. After it was framed with the +greatest deliberation and care it was submitted to conventions of the +people of the several States for ratification. Its provisions were +discussed at length in these bodies, composed of the first men of the +country. Its opponents contended that it conferred powers upon the Federal +Government dangerous to the rights of the States, whilst its advocates +maintained that under a fair construction of the instrument there was no +foundation for such apprehensions. In that mighty struggle between the +first intellects of this or any other country it never occurred to any +individual, either among its opponents or advocates, to assert or even to +intimate that their efforts were all vain labor, because the moment that +any State felt herself aggrieved she might secede from the Union. What a +crushing argument would this have proved against those who dreaded that the +rights of the States would be endangered by the Constitution! The truth is +that it was not until many years after the origin of the Federal Government +that such a proposition was first advanced. It was then met and refuted by +the conclusive arguments of General Jackson, who in his message of the 16th +of January, 1833, transmitting the nullifying ordinance of South Carolina +to Congress, employs the following language: + +The right of the people of a single State to absolve themselves at will and +without the consent of the other States from their most solemn obligations, +and hazard the liberties and happiness of the millions composing this +Union, can not be acknowledged. Such authority is believed to be utterly +repugnant both to the principles upon which the General Government is +constituted and to the objects which it is expressly formed to attain. + +It is not pretended that any clause in the Constitution gives countenance +to such a theory. It is altogether rounded upon inference; not from any +language contained in the instrument itself, but from the sovereign +character of the several States by which it was ratified. But is it beyond +the power of a State, like an individual, to yield a portion of its +sovereign rights to secure the remainder? In the language of Mr. Madison, +who has been called the father of the Constitution-- + +It was formed by the States; that is, by the people in each of the States +acting in their highest sovereign capacity, and formed, consequently, by +the same authority which formed the State constitutions. Nor is the +Government of the United States, created by the Constitution, less a +government, in the strict sense of the term, within the sphere of its +powers than the governments created by the constitutions of the States are +within their several spheres. It is, like them, organized into legislative, +executive, and judiciary departments. It operates, like them directly on +persons and things, and, like them, it has at command a physical force for +executing the powers committed to it. + +It was intended to be perpetual, and not to be annulled at the pleasure of +any one of the contracting parties. The old Articles of Confederation were +entitled "Articles of Confederation and Perpetual Union between the +States," and by the thirteenth article it is expressly declared that "the +articles of this Confederation shall be inviolably observed by every State, +and the Union shall be perpetual." The preamble to the Constitution of the +United States, having express reference to the Articles of Confederation, +recites that it was established "in order to form a more perfect union." +And yet it is contended that this "more perfect union" does not include the +essential attribute of perpetuity. + +But that the Union was designed to be perpetual appears conclusively from +the nature and extent of the powers conferred by the Constitution on the +Federal Government. These powers embrace the very highest attributes of +national sovereignty. They place both the sword and the purse under its +control. Congress has power to make war and to make peace, to raise and +support armies and navies, and to conclude treaties with foreign +governments. It is invested with the power to coin money and to regulate +the value thereof, and to regulate commerce with foreign nations and among +the several States. It is not necessary to enumerate the other high powers +which have been conferred upon the Federal Government. In order to carry +the enumerated powers into effect, Congress possesses the exclusive right +to lay and collect duties on imports, and, in common with the States, to +lay and collect all other taxes. + +But the Constitution has not only conferred these high powers upon +Congress, but it has adopted effectual means to restrain the States from +interfering with their exercise. For that purpose it has in strong +prohibitory language expressly declared that-- + +No State shall enter into any treaty, alliance, or confederation; grant +letters of marque and reprisal; coin money; emit bills of credit; make +anything but gold and silver coin a tender in payment of debts; pass any +bill of attainder, ex post facto law, or law impairing the obligation of +contracts. Moreover-- + +No State shall without the consent of the Congress lay any imposts or +duties on imports or exports, except what may be absolutely necessary for +executing its inspection laws. + +And if they exceed this amount the excess shall belong, to the United +States. And-- + +No State shall without the consent of Congress lay any duty of tonnage, +keep troops or ships of war in time of peace, enter into any agreement or +compact with another State or with a foreign power, or engage in war, +unless actually invaded or in such imminent danger as will not admit of +delay. + +In order still further to secure the uninterrupted exercise of these high +powers against State interposition, it is provided that-- + +This Constitution and the laws of the United States which shall be made in +pursuance thereof, and all treaties made or which shall be made under the +authority of the United States, shall be the supreme law of the land, and +the judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding. + +The solemn sanction of religion has been superadded to the obligations of +official duty, and all Senators and Representatives of the United States, +all members of State legislatures, and all executive and judicial officers, +"both of the United States and of the several States, shall be bound by +oath or affirmation to support this Constitution." + +In order to carry into effect these powers, the Constitution has +established a perfect Government in all its forms--legislative, executive, +and judicial; and this Government to the extent of its powers acts directly +upon the individual citizens of every State, and executes its own decrees +by the agency of its own officers. In this respect it differs entirely from +the Government under the old Confederation, which was confined to making +requisitions on the States in their sovereign character. This left it in +the discretion of each whether to obey or to refuse, and they often +declined to comply with such requisitions. It thus became necessary for the +purpose of removing this barrier and "in order to form a more perfect +union" to establish a Government which could act directly upon the people +and execute its own laws without the intermediate agency of the States. +This has been accomplished by the Constitution of the United States. In +short, the Government created by the Constitution, and deriving its +authority from the sovereign people of each of the several States, has +precisely the same right to exercise its power over the people of all these +States in the enumerated cases that each one of them possesses over +subjects not delegated to the United States, but "reserved to the States +respectively or to the people." + +To the extent of the delegated powers the Constitution of the United States +is as much a part of the constitution of each State and is as binding upon +its people as though it had been textually inserted therein. + +This Government, therefore, is a great and powerful Government, invested +with all the attributes of sovereignty over the special subjects to which +its authority extends. Its framers never intended to implant in its bosom +the seeds of its own destruction, nor were they at its creation guilty of +the absurdity of providing for its own dissolution. It was not intended by +its framers to be the baseless fabric of a vision, which at the touch of +the enchanter would vanish into thin air, but a substantial and mighty +fabric, capable of resisting the slow decay of time and of defying the +storms of ages. Indeed, well may the jealous patriots of that day have +indulged fears that a Government of such high powers might violate the +reserved rights of the States, and wisely did they adopt the rule of a +strict construction of these powers to prevent the danger. But they did not +fear, nor had they any reason to imagine, that the Constitution would ever +be so interpreted as to enable any State by her own act, and without the +consent of her sister States, to discharge her people from all or any of +their federal obligations. + +It may be asked, then, Are the people of the States without redress against +the tyranny and oppression of the Federal Government? By no means. The +right of resistance on the part of the governed against the oppression of +their governments can not be denied. It exists independently of all +constitutions, and has been exercised at all periods of the world's +history. Under it old governments have been destroyed and new ones have +taken their place. It is embodied in strong and express language in our own +Declaration of Independence. But the distinction must ever be observed that +this is revolution against an established government, and not a voluntary +secession from it by virtue of an inherent constitutional right. In short, +let us look the danger fairly in the face. Secession is neither more nor +less than revolution. It may or it may not be a justifiable revolution, but +still it is revolution. + +What, in the meantime, is the responsibility and true position of the +Executive? He is bound by solemn oath, before God and the country, "to take +care that the laws be faithfully executed," and from this obligation he can +not be absolved by any human power. But what if the performance of this +duty, in whole or in part, has been rendered impracticable by events over +which he could have exercised no control? Such at the present moment is the +case throughout the State of South Carolina so far as the laws of the +United States to secure the administration of justice by means of the +Federal judiciary are concerned. All the Federal officers within its limits +through whose agency alone these laws can be carried into execution have +already resigned. We no longer have a district judge, a district attorney, +or a marshal in South Carolina. In fact, the whole machinery of the Federal +Government necessary for the distribution of remedial justice among the +people has been demolished, and it would be difficult, if not impossible, +to replace it. + +The only acts of Congress on the statute book bearing upon this subject are +those of February 28, 1795, and March 3, 1807. These authorize the +President, after he shall have ascertained that the marshal, with his posse +comitatus, is unable to execute civil or criminal process in any particular +case, to call forth the militia and employ the Army and Navy to aid him in +performing this service, having first by proclamation commanded the +insurgents "to disperse and retire peaceably to their respective abodes +within a limited time" This duty can not by possibility be performed in a +State where no judicial authority exists to issue process, and where there +is no marshal to execute it, and where, even if there were such an officer, +the entire population would constitute one solid combination to resist +him. + +The bare enumeration of these provisions proves how inadequate they are +without further legislation to overcome a united opposition in a single +State, not to speak of other States who may place themselves in a similar +attitude. Congress alone has power to decide whether the present laws can +or can not be amended so as to carry out more effectually the objects of +the Constitution. + +The same insuperable obstacles do not lie in the way of executing the laws +for the collection of the customs. The revenue still continues to be +collected as heretofore at the custom-house in Charleston, and should the +collector unfortunately resign a successor may be appointed to perform this +duty. + +Then, in regard to the property of the United States in South Carolina. +This has been purchased for a fair equivalent, "by the consent of the +legislature of the State," "for the erection of forts, magazines, +arsenals," etc., and over these the authority "to exercise exclusive +legislation" has been expressly granted by the Constitution to Congress. It +is not believed that any attempt will be made to expel the United States +from this property by force; but if in this I should prove to be mistaken, +the officer in command of the forts has received orders to act strictly on +the defensive. In such a contingency the responsibility for consequences +would rightfully rest upon the heads of the assailants. + +Apart from the execution of the laws, so far as this may be practicable, +the Executive has no authority to decide what shall be the relations +between the Federal Government and South Carolina. He has been invested +with no such discretion. He possesses no power to change the relations +heretofore existing between them, much less to acknowledge the independence +of that State. This would be to invest a mere executive officer with the +power of recognizing the dissolution of the confederacy among our +thirty-three sovereign States. It bears no resemblance to the recognition +of a foreign de facto government, involving no such responsibility. Any +attempt to do this would, on his part, be a naked act of usurpation. It is +therefore my duty to submit to Congress the whole question in all its +beatings. The course of events is so rapidly hastening forward that the +emergency may soon arise when you may be called upon to decide the +momentous question whether you possess the power by force of arms to compel +a State to remain in the Union. I should feel myself recreant to my duty +were I not to express an opinion on this important subject. + +The question fairly stated is, Has the Constitution delegated to Congress +the power to coerce a State into submission which is attempting to withdraw +or has actually withdrawn from the Confederacy? If answered in the +affirmative, it must be on the principle that the power has been conferred +upon Congress to declare and to make war against a State. After much +serious reflection I have arrived at the conclusion that no such power has +been delegated to Congress or to any other department of the Federal +Government. It is manifest upon an inspection of the Constitution that this +is not among the specific and enumerated powers granted to Congress, and it +is equally apparent that its exercise is not "necessary and proper for +carrying into execution" any one of these powers. So far from this power +having been delegated to Congress, it was expressly refused by the +Convention which framed the Constitution. + +It appears from the proceedings of that body that on the 31st May, 1787, +the clause "authorizing an exertion of the force of the whole against a +delinquent State" came up for consideration. Mr. Madison opposed it in a +brief but powerful speech, from which I shall extract but a single +sentence. He observed: + +The use of force against a State would look more like a declaration of war +than an infliction of punishment, and would probably be considered by the +party attacked as a dissolution of all previous compacts by which it might +be bound. + +Upon his motion the clause was unanimously postponed, and was never, I +believe, again presented. Soon afterwards, on the 8th June, 1787, when +incidentally adverting to the subject, he said: "Any government for the +United States formed on the supposed practicability of using force against +the unconstitutional proceedings of the States would prove as visionary and +fallacious as the government of Congress," evidently meaning the then +existing Congress of the old Confederation. + +Without descending to particulars, it may be safely asserted that the power +to make war against a State is at variance with the whole spirit and intent +of the Constitution. Suppose such a war should result in the conquest of a +State; how are we to govern it afterwards? Shall we hold it as a province +and govern it by despotic power? In the nature of things, we could not by +physical force control the will of the people and compel them to elect +Senators and Representatives to Congress and to perform all the other +duties depending upon their own volition and required from the free +citizens of a free State as a constituent member of the Confederacy. + +But if we possessed this power, would it be wise to exercise it under +existing circumstances? The object would doubtless be to preserve the +Union. War would not only present the most effectual means of destroying +it, but would vanish all hope of its peaceable reconstruction. Besides, in +the fraternal conflict a vast amount of blood and treasure would be +expended, rendering future reconciliation between the States impossible. In +the meantime, who can foretell what would be the sufferings and privations +of the people during its existence? + +The fact is that our Union rests upon public opinion, and can never be +cemented by the blood of its citizens shed in civil war. If it can not live +in the affections of the people, it must one day perish. Congress possesses +many means of preserving it by conciliation, but the sword was not placed +in their hand to preserve it by force. + +But may I be permitted solemnly to invoke my countrymen to pause and +deliberate before they determine to destroy this the grandest temple which +has ever been dedicated to human freedom since the world began? It has been +consecrated by the blood of our fathers, by the glories of the past, and by +the hopes of the future. The Union has already made us the most prosperous, +and ere long will, if preserved, render us the most powerful, nation on the +face of the earth. In every foreign region of the globe the title of +American citizen is held in the highest respect, and when pronounced in a +foreign land it causes the hearts of our countrymen to swell with honest +pride. Surely when we reach the brink of the yawning abyss we shall recoil +with horror from the last fatal plunge. + +By such a dread catastrophe the hopes of the friends of freedom throughout +the world would be destroyed, and a long night of leaden despotism would +enshroud the nations. Our example for more than eighty years would not only +be lost, but it would be quoted as a conclusive proof that man is unfit for +self-government. + +It is not every wrong--nay, it is not every grievous wrong--which can +justify a resort to such a fearful alternative. This ought to be the last +desperate remedy of a despairing people, after every other constitutional +means of conciliation had been exhausted. We should reflect that under this +free Government there is an incessant ebb and flow in public opinion. The +slavery question, like everything human, will have its day. I firmly +believe that it has reached and passed the culminating point. But if in the +midst of the existing excitement the Union shall perish, the evil may then +become irreparable. + +Congress can contribute much to avert it by proposing and recommending to +the legislatures of the several States the remedy for existing evils which +the Constitution has itself provided for its own preservation. This has +been tried at different critical periods of our history, and always with +eminent success. It is to be found in the fifth article, providing for its +own amendment. Under this article amendments have been proposed by +two-thirds of both Houses of Congress, and have been "ratified by the +legislatures of three-fourths of the several States," and have consequently +become parts of the Constitution. To this process the country is indebted +for the clause prohibiting Congress from passing any law respecting an +establishment of religion or abridging the freedom of speech or of the +press or of the right of petition. To this we are also indebted for the +bill of rights which secures the people against any abuse of power by the +Federal Government. Such were the apprehensions justly entertained by the +friends of State rights at that period as to have rendered it extremely +doubtful whether the Constitution could have long survived without those +amendments. + +Again the Constitution was amended by the same process, after the election +of President Jefferson by the House of Representatives, in February, 1803. +This amendment was rendered necessary to prevent a recurrence of the +dangers which had seriously threatened the existence of the Government +during the pendency of that election. The article for its own amendment was +intended to secure the amicable adjustment of conflicting constitutional +questions like the present which might arise between the governments of the +States and that of the United States. This appears from contemporaneous +history. In this connection I shall merely call attention to a few +sentences in Mr. Madison's justly celebrated report, in 1799, to the +legislature of Virginia. In this he ably and conclusively defended the +resolutions of the preceding legislature against the strictures of several +other State legislatures. These were mainly rounded upon the protest of the +Virginia legislature against the "alien and sedition acts," as "palpable +and alarming infractions of the Constitution." In pointing out the peaceful +and constitutional remedies--and he referred to none other--to which the +States were authorized to resort on such occasions, he concludes by saying +that-- + +The legislatures of the States might have made a direct representation to +Congress with a view to obtain a rescinding of the two offensive acts, or +they might have represented to their respective Senators in Congress their +wish that two-thirds thereof would propose an explanatory amendment to the +Constitution; or two-thirds of themselves, if such had been their option, +might by an application to Congress have obtained a convention for the same +object. + +This is the very course which I earnestly recommend in order to obtain an +"explanatory amendment" of the Constitution on the subject of slavery. This +might originate with Congress or the State legislatures, as may be deemed +most advisable to attain the object. The explanatory amendment might be +confined to the final settlement of the true construction of the +Constitution on three special points: + +1. An express recognition of the right of property in slaves in the States +where it now exists or may hereafter exist. + +2. The duty of protecting this right in all the common Territories +throughout their Territorial existence, and until they shall be admitted as +States into the Union, with or without slavery, as their constitutions may +prescribe. + +3. A like recognition of the right of the master to have his slave who has +escaped from one State to another restored and "delivered up" to him, and +of the validity of the fugitive-slave law enacted for this purpose, +together with a declaration that all State laws impairing or defeating this +right are violations of the Constitution, and are consequently null and +void. It may be objected that this construction of the Constitution has +already been settled by the Supreme Court of the United States, and what +more ought to be required? The answer is that a very large proportion of +the people of the United States still contest the correctness of this +decision, and never will cease from agitation and admit its binding force +until clearly established by the people of the several States in their +sovereign character. Such an explanatory amendment would, it is believed, +forever terminate the existing dissensions, and restore peace and harmony +among the States. + +It ought not to be doubted that such an appeal to the arbitrament +established by the Constitution itself would be received with favor by all +the States of the Confederacy. In any event, it ought to be tried in a +spirit of conciliation before any of these States shall separate themselves +from the Union. + +When I entered upon the duties of the Presidential office, the aspect +neither of our foreign nor domestic affairs was at all satisfactory. We +were involved in dangerous complications with several nations, and two of +our Territories were in a state of revolution against the Government. A +restoration of the African slave trade had numerous and powerful advocates. +Unlawful military expeditions were countenanced by many of our citizens, +and were suffered, in defiance of the efforts of the Government, to escape +from our shores for the purpose of making war upon the offending people of +neighboring republics with whom we were at peace. In addition to these and +other difficulties, we experienced a revulsion in monetary affairs soon +after my advent to power of unexampled severity and of ruinous consequences +to all the great interests of the country. When we take a retrospect of +what was then our condition and contrast this with its material prosperity +at the time of the late Presidential election, we have abundant reason to +return our grateful thanks to that merciful Providence which has never +forsaken us as a nation in all our past trials. + +Our relations with Great Britain are of the most friendly character. Since +the commencement of my Administration the two dangerous questions arising +from the Clayton and Bulwer treaty and from the right of search claimed by +the British Government have been amicably and honorably adjusted. + +The discordant constructions of the Clayton and Bulwer treaty between the +two Governments, which at different periods of the discussion bore a +threatening aspect, have resulted in a final settlement entirely +satisfactory to this Government. In my last annual message I informed +Congress that the British Government had not then "completed treaty +arrangements with the Republics of Honduras and Nicaragua in pursuance of +the understanding between the two Governments. It is, nevertheless, +confidently expected that this good work will ere long be accomplished." +This confident expectation has since been fulfilled. Her Britannic Majesty +concluded a treaty with Honduras on the 28th November, 1859, and with +Nicaragua on the 28th August, 1860, relinquishing the Mosquito +protectorate. Besides, by the former the Bay Islands are recognized as a +part of the Republic of Honduras. It may be observed that the stipulations +of these treaties conform in every important particular to the amendments +adopted by the Senate of the United States to the treaty concluded at +London on the 17th October, 1856, between the two Governments. It will be +recollected that this treaty was rejected by the British Government because +of its objection to the just and important amendment of the Senate to the +article relating to Ruatan and the other islands in the Bay of Honduras. + +It must be a source of sincere satisfaction to all classes of our +fellow-citizens, and especially to those engaged in foreign commerce, that +the claim on the part of Great Britain forcibly to visit and search +American merchant vessels on the high seas in time of peace has been +abandoned. This was by far the most dangerous question to the peace of the +two countries which has existed since the War of 1812. Whilst it remained +open they might at any moment have been precipitated into a war. This was +rendered manifest by the exasperated state of public feeling throughout our +entire country produced by the forcible search of American merchant vessels +by British cruisers on the coast of Cuba in the spring of 1858. The +American people hailed with general acclaim the orders of the Secretary of +the Navy to our naval force in the Gulf of Mexico "to protect all vessels +of the United States on the high seas from search or detention by the +vessels of war of any other nation." These orders might have produced an +immediate collision between the naval forces of the two countries. This was +most fortunately prevented by an appeal to the justice of Great Britain and +to the law of nations as expounded by her own most eminent jurists. + +The only question of any importance which still remains open is the +disputed title between the two Governments to the island of San Juan, in +the vicinity of Washington Territory. As this question is still under +negotiation, it is not deemed advisable at the present moment to make any +other allusion to the subject. + +The recent visit of the Prince of Wales, in a private character, to the +people of this country has proved to be a most auspicious event. In its +consequences it can not fail to increase the kindred and kindly feelings +which I trust may ever actuate the Government and people of both countries +in their political and social intercourse with each other. + +With France, our ancient and powerful ally, our relations continue to be of +the most friendly character. A decision has recently been made by a French +judicial tribunal, with the approbation of the Imperial Government, which +can not fail to foster the sentiments of mutual regard that have so long +existed between the two countries. Under the French law no person can serve +in the armies of France unless he be a French citizen. The law of France +recognizing the natural right of expatriation, it follows as a necessary +consequence that a Frenchman by the fact of having become a citizen of the +United States has changed his allegiance and has lost his native character. +He can not therefore be compelled to serve in the French armies in case he +should return to his native country. These principles were announced in +1852 by the French minister of war and in two late cases have been +confirmed by the French judiciary. In these, two natives of France have +been discharged from the French army because they had become American +citizens. To employ the language of our present minister to France, who has +rendered good service on this occasion. "I do not think our French +naturalized fellow-citizens will hereafter experience much annoyance on +this subject." + +I venture to predict that the time is not far distant when the other +continental powers will adopt the same wise and just policy which has done +so much honor to the enlightened Government of the Emperor. In any event, +our Government is bound to protect the rights of our naturalized citizens +everywhere to the same extent as though they had drawn their first breath +in this country. We can recognize no distinction between our native and +naturalized citizens. + +Between the great Empire of Russia and the United States the mutual +friendship and regard which has so long existed still continues to prevail, +and if possible to increase. Indeed, our relations with that Empire are all +that we could desire. Our relations with Spain are now of a more +complicated, though less dangerous, character than they have been for many +years. Our citizens have long held and continue to hold numerous claims +against the Spanish Government. These had been ably urged for a series of +years by our successive diplomatic representatives at Madrid, but without +obtaining redress. The Spanish Government finally agreed to institute a +joint commission for the adjustment of these claims, and on the 5th day of +March, 1860, concluded a convention for this purpose with our present +minister at Madrid. + +Under this convention what have been denominated the "Cuban claims," +amounting to $128,635.54, in which more than 100 of our fellow-citizens are +interested, were recognized, and the Spanish Government agreed to pay +$100,000 of this amount "within three months following the exchange of +ratifications." The payment of the remaining $28,635.54 was to await the +decision of the commissioners for or against the Amistad claim; but in any +event the balance was to be paid to the claimants either by Spain or the +United States. These terms, I have every reason to know, are highly +satisfactory to the holders of the Cuban claims. Indeed, they have made a +formal offer authorizing the State Department to settle these claims and to +deduct the amount of the Amistad claim from the sums which they are +entitled to receive from Spain. This offer, of course, can not be accepted. +All other claims of citizens of the United States against Spain, or the +subjects of the Queen of Spain against the United States, including the +Amistad claim, were by this convention referred to a board of commissioners +in the usual form. Neither the validity of the Amistad claim nor of any +other claim against either party, with the single exception of the Cuban +claims, was recognized by the convention. Indeed, the Spanish Government +did not insist that the validity of the Amistad claim should be thus +recognized, notwithstanding its payment had been recommended to Congress by +two of my predecessors, as well as by myself, and an appropriation for that +purpose had passed the Senate of the United States. + +They were content that it should be submitted to the board for examination +and decision like the other claims. Both Governments were bound +respectively to pay the amounts awarded to the several claimants "at such +times and places as may be fixed by and according to the tenor of said +awards." + +I transmitted this convention to the Senate for their constitutional action +on the 3d of May, 1860, and on the 27th of the succeeding June they +determined that they would "not advise and consent" to its ratification. + +These proceedings place our relations with Spain in an awkward and +embarrassing position. It is more than probable that the final adjustment +of these claims will devolve upon my successor. + +I reiterate the recommendation contained in my annual message of December, +1858, and repeated in that of December, 1859, in favor of the acquisition +of Cuba from Spain by fair purchase. I firmly believe that such an +acquisition would contribute essentially to the well-being and prosperity +of both countries in all future time, as well as prove the certain means of +immediately abolishing the African slave trade throughout the world. I +would not repeat this recommendation upon the present occasion if I +believed that the transfer of Cuba to the United States upon conditions +highly favorable to Spain could justly tarnish the national honor of the +proud and ancient Spanish monarchy. Surely no person ever attributed to the +first Napoleon a disregard of the national honor of France for transferring +Louisiana to the United States for a fair equivalent, both in money and +commercial advantages. + +With the Emperor of Austria and the remaining continental powers of Europe, +including that of the Sultan, our relations continue to be of the most +friendly character. + +The friendly and peaceful policy pursued by the Government of the United +States toward the Empire of China has produced the most satisfactory +results. The treaty of Tien-tsin of the 18th June, 1858, has been +faithfully observed by the Chinese authorities. The convention of the 8th +November, 1858, supplementary to this treaty, for the adjustment and +satisfaction of the claims of our citizens on China referred to in my last +annual message, has been already carried into effect so far as this was +practicable. Under this convention the sum of 500,000 taels, equal to about +$700,000, was stipulated to be paid in satisfaction of the claims of +American citizens out of the one-fifth of the receipts for tonnage, import, +and export duties on American vessels at the ports of Canton, Shanghai, and +Fuchau, and it was "agreed that this amount shall be in full liquidation of +all claims of American citizens at the various ports to this date." +Debentures for this amount, to wit, 300,000 taels for Canton, 100,000 for +Shanghai, and 100,000 for Fuchau, were delivered, according to the terms of +the convention, by the respective Chinese collectors of the customs of +these ports to the agent selected by our minister to receive the same. +Since that time the claims of our citizens have been adjusted by the board +of commissioners appointed for that purpose under the act of March 3, 1859, +and their awards, which proved satisfactory to the claimants, have been +approved by our minister. In the aggregate they amount to the sum of +$498,694.78. The claimants have already received a large proportion of the +sums awarded to them out of the fund provided, and it is confidently +expected that the remainder will ere long be entirely paid. After the +awards shall have been satisfied there will remain a surplus of more than +$200,000 at the disposition of Congress. As this will, in equity, belong to +the Chinese Government, would not justice require its appropriation to some +benevolent object in which the Chinese may be specially interested? + +Our minister to China, in obedience to his instructions, has remained +perfectly neutral in the war between Great Britain and France and the +Chinese Empire, although, in conjunction with the Russian minister, he was +ever ready and willing, had the opportunity offered, to employ his good +offices in restoring peace between the parties. It is but an act of simple +justice, both to our present minister and his predecessor, to state that +they have proved fully equal to the delicate, trying, and responsible +positions in which they have on different occasions been placed. + +The ratifications of the treaty with Japan concluded at Yeddo on the 29th +July, 1858, were exchanged at Washington on the 22d May last, and the +treaty itself was proclaimed on the succeeding day. There is good reason to +expect that under its protection and influence our trade and intercourse +with that distant and interesting people will rapidly increase. + +The ratifications of the treaty were exchanged with unusual solemnity. For +this purpose the Tycoon had accredited three of his most distinguished +subjects as envoys extraordinary and ministers plenipotentiary, who were +received and treated with marked distinction and kindness, both by the +Government and people of the United States. There is every reason to +believe that they have returned to their native land entirely satisfied +with their visit and inspired by the most friendly feelings for our +country. Let us ardently hope, in the language of the treaty itself, that +"there shall henceforward be perpetual peace and friendship between the +United States of America and His Majesty the Tycoon of Japan and his +successors." + +With the wise, conservative, and liberal Government of the Empire of Brazil +our relations continue to be of the most amicable character. + +The exchange of the ratifications of the convention with the Republic of +New Granada signed at Washington on the 10th of September, 1857, has been +long delayed from accidental causes for which neither party is censurable. +These ratifications were duly exchanged in this city on the 5th of November +last. Thus has a controversy been amicably terminated which had become so +serious at the period of my inauguration as to require me, on the 17th of +April, 1857, to direct our minister to demand his passports and return to +the United States. + +Under this convention the Government of New Granada has specially +acknowledged itself to be responsible to our citizens "for damages which +were caused by the riot at Panama on the 15th April, 1856." These claims, +together with other claims of our citizens which had been long urged in +vain, are referred for adjustment to a board of commissioners. I submit a +copy of the convention to Congress, and recommend the legislation necessary +to carry it into effect. + +Persevering efforts have been made for the adjustment of the claims of +American citizens against the Government of Costa Rica, and I am happy to +inform you that these have finally prevailed. A convention was signed at +the city of San Jose on the 2d July last, between the minister resident of +the United States in Costa Rica and the plenipotentiaries of that Republic, +referring these claims to a board of commissioners and providing for the +payment of their awards. This convention will be submitted immediately to +the Senate for their constitutional action. + +The claims of our citizens upon the Republic of Nicaragua have not yet been +provided for by treaty, although diligent efforts for this purpose have +been made by our minister resident to that Republic. These are still +continued, with a fair prospect of success. + +Our relations with Mexico remain in a most unsatisfactory condition. In my +last two annual messages I discussed extensively the subject of these +relations, and do not now propose to repeat at length the facts and +arguments then presented. They proved conclusively that our citizens +residing in Mexico and our merchants trading thereto had suffered a series +of wrongs and outrages such as we have never patiently borne from any other +nation. For these our successive ministers, invoking the faith of treaties, +had in the name of their country persistently demanded redress and +indemnification, but without the slightest effect. Indeed, so confident had +the Mexican authorities become of our patient endurance that they +universally believed they might commit these outrages upon American +citizens with absolute impunity. Thus wrote our minister in 1856, and +expressed the opinion that "nothing but a manifestation of the power of the +Government and of its purpose to punish these wrongs will avail." + +Afterwards, in 1857, came the adoption of a new constitution for Mexico, +the election of a President and Congress under its provisions, and the +inauguration of the President. Within one short month, however, this +President was expelled from the capital by a rebellion in the army, and the +supreme power of the Republic was assigned to General Zuloaga. This usurper +was in his turn soon compelled to retire and give place to General +Miramon. + +Under the constitution which had thus been adopted Senor Juarez, as chief +justice of the supreme court, became the lawful President of the Republic, +and it was for the maintenance of the constitution and his authority +derived from it that the civil war commenced and still continues to be +prosecuted. + +Throughout the year 1858 the constitutional party grew stronger and +stronger. In the previous history of Mexico a successful military +revolution at the capital had almost universally been the signal for +submission throughout the Republic. Not so on the present occasion. A +majority of the citizens persistently sustained the constitutional +Government. When this was recognized, in April, 1859, by the Government of +the United States, its authority extended over a large majority of the +Mexican States and people, including Vera Cruz and all the other important +seaports of the Republic. From that period our commerce with Mexico began +to revive, and the constitutional Government has afforded it all the +protection in its power. + +Meanwhile the Government of Miramon still held sway at the capital and over +the surrounding country, and continued its outrages against the few +American citizens who still had the courage to remain within its power. To +cap the climax, after the battle of Tacubaya, in April, 1859, General +Marquez ordered three citizens of the United States, two of them +physicians, to be seized in the hospital at that place, taken out and shot, +without crime and without trial. This was done, notwithstanding our +unfortunate countrymen were at the moment engaged in the holy cause of +affording relief to the soldiers of both parties who had been wounded in +the battle, without making any distinction between them. + +The time had arrived, in my opinion, when this Government was bound to +exert its power to avenge and redress the wrongs of our citizens and to +afford them protection in Mexico. The interposing obstacle was that the +portion of the country under the sway of Miramon could not be reached +without passing over territory under the jurisdiction of the constitutional +Government. Under these circumstances I deemed it my duty to recommend to +Congress in my last annual message the employment of a sufficient military +force to penetrate into the interior, where the Government of Miramon was +to be found, with or, if need be, without the consent of the Juarez +Government, though it was not doubted that this consent could be obtained. +Never have I had a clearer conviction on any subject than of the justice as +well as wisdom of such a policy. No other alternative was left except the +entire abandonment of our fellow-citizens who had gone to Mexico under the +faith of treaties to the systematic injustice, cruelty, and oppression of +Miramon's Government. Besides, it is almost certain that the simple +authority to employ this force would of itself have accomplished all our +objects without striking a single blow. The constitutional Government would +then ere this have been established at the City of Mexico, and would have +been ready and willing to the extent of its ability to do us justice. + +In addition--and I deem this a most important consideration--European +Governments would have been deprived of all pretext to interfere in the +territorial and domestic concerns of Mexico. We should thus have been +relieved from the obligation of resisting, even by force should this become +necessary, any attempt by these Governments to deprive our neighboring +Republic of portions of her territory--a duty from which we could not +shrink without abandoning the traditional and established policy of the +American people. I am happy to observe that, firmly relying upon the +justice and good faith of these Governments, there is no present danger +that such a contingency will happen. + +Having discovered that my recommendations would not be sustained by +Congress, the next alternative was to accomplish in some degree, if +possible, the same objects by treaty stipulations with the constitutional +Government. Such treaties were accordingly concluded by our late able and +excellent minister to Mexico, and on the 4th of January last were submitted +to the Senate for ratification. As these have not yet received the final +action of that body, it would be improper for me to present a detailed +statement of their provisions. Still, I may be permitted to express the +opinion in advance that they are calculated to promote the agricultural, +manufacturing, and commercial interests of the country and to secure our +just influence with an adjoining Republic as to whose fortunes and fate we +can never feel indifferent, whilst at the same time they provide for the +payment of a considerable amount toward the satisfaction of the claims of +our injured fellow-citizens. + +At the period of my inauguration I was confronted in Kansas by a +revolutionary government existing under what is called the "Topeka +constitution." Its avowed object was to subdue the Territorial government +by force and to inaugurate what was called the "Topeka government" in its +stead. To accomplish this object an extensive military organization was +formed, and its command intrusted to the most violent revolutionary +leaders. Under these circumstances it became my imperative duty to exert +the whole constitutional power of the Executive to prevent the flames of +civil war from again raging in Kansas, which in the excited state of the +public mind, both North and South, might have extended into the neighboring +States. The hostile parties in Kansas had been inflamed against each other +by emissaries both from the North and the South to a degree of malignity +without parallel in our history. To prevent actual collision and to assist +the civil magistrates in enforcing the laws, a strong detachment of the +Army was stationed in the Territory, ready to aid the marshal and his +deputies when lawfully called upon as a posse comitatus in the execution of +civil and criminal process. Still, the troubles in Kansas could not have +been permanently settled without an election by the people. + +The ballot box is the surest arbiter of disputes among freemen. Under this +conviction every proper effort was employed to induce the hostile parties +to vote at the election of delegates to frame a State constitution, and +afterwards at the election to decide whether Kansas should be a slave or +free State. + +The insurgent party refused to vote at either, lest this might be +considered a recognition on their part of the Territorial government +established by Congress. A better spirit, however, seemed soon after to +prevail, and the two parties met face to face at the third election, held +on the first Monday of January, 1858, for members of the legislature and +State officers under the Lecompton constitution. The result was the triumph +of the antislavery party at the polls. This decision of the ballot box +proved clearly that this party were in the majority, and removed the danger +of civil war. From that time we have heard little or nothing of the Topeka +government, and all serious danger of revolutionary troubles in Kansas was +then at an end. + +The Lecompton constitution, which had been thus recognized at this State +election by the votes of both political parties in Kansas, was transmitted +to me with the request that I should present it to Congress. This I could +not have refused to do without violating my clearest and strongest +convictions of duty. The constitution and all the proceedings which +preceded and followed its formation were fair and regular on their face. I +then believed, and experience has proved, that the interests of the people +of Kansas would have been best consulted by its admission as a State into +the Union, especially as the majority within a brief period could have +amended the constitution according to their will and pleasure. If fraud +existed in all or any of these proceedings, it was not for the President +but for Congress to investigate and determine the question of fraud and +what ought to be its consequences. If at the first two elections the +majority refused to vote, it can not be pretended that this refusal to +exercise the elective franchise could invalidate an election fairly held +under lawful authority, even if they had not subsequently voted at the +third election. It is true that the whole constitution had not been +submitted to the people, as I always desired; but the precedents are +numerous of the admission of States into the Union without such submission. +It would not comport with my present purpose to review the proceedings of +Congress upon the Lecompton constitution. It is sufficient to observe that +their final action has removed the last vestige of serious revolutionary +troubles. The desperate hand recently assembled under a notorious outlaw in +the southern portion of the Territory to resist the execution of the laws +and to plunder peaceful citizens will, I doubt not be speedily subdued and +brought to justice. + +Had I treated the Lecompton constitution as a nullity and refused to +transmit it to Congress, it is not difficult to imagine, whilst recalling +the position of the country at that moment, what would have been the +disastrous consequences, both in and out of the Territory, from such a +dereliction of duty on the part of the Executive. + +Peace has also been restored within the Territory of Utah, which at the +commencement of my Administration was in a state of open rebellion. This +was the more dangerous, as the people, animated by a fanatical spirit and +intrenched within their distant mountain fastnesses, might have made a long +and formidable resistance. Cost what it might, it was necessary to bring +them into subjection to the Constitution and the laws. Sound policy, +therefore, as well as humanity, required that this object should if +possible be accomplished without the effusion of blood. This could only be +effected by sending a military force into the Territory sufficiently strong +to convince the people that resistance would be hopeless, and at the same +time to offer them a pardon for past offenses on condition of immediate +submission to the Government. This policy was pursued with eminent success, +and the only cause for regret is the heavy expenditure required to march a +large detachment of the Army to that remote region and to furnish it +subsistence. + +Utah is now comparatively peaceful and quiet, and the military force has +been withdrawn, except that portion of it necessary to keep the Indians in +check and to protect the emigrant trains on their way to our Pacific +possessions. + +In my first annual message I promised to employ my best exertions in +cooperation with Congress to reduce the expenditures of the Government +within the limits of a wise and judicious economy. An overflowing Treasury +had produced habits of prodigality and extravagance which could only be +gradually corrected. The work required both time and patience. I applied +myself diligently to this task from the beginning and was aided by the able +and energetic efforts of the heads of the different Executive Departments. +The result of our labors in this good cause did not appear in the sum total +of our expenditures for the first two years, mainly in consequence of the +extraordinary expenditure necessarily incurred in the Utah expedition and +the very large amount of the contingent expenses of Congress during this +period. These greatly exceeded the pay and mileage of the members. For the +year ending June 30, 1858, whilst the pay and mileage amounted to +$1,490,214, the contingent expenses rose to $2,093,309.79; and for the year +ending June 30, 1859, whilst the pay and mileage amounted to $859,093.66, +the contingent expenses amounted to $1,431,565.78. I am happy, however, to +be able to inform you that during the last fiscal year, ending June 30, +1860, the total expenditures of the Government in all its +branches--legislative, executive, and judicial--exclusive of the public +debt, were reduced to the sum of $55,402,465.46. This conclusively appears +from the books of the Treasury. In the year ending June 30, 1858, the total +expenditure, exclusive of the public debt, amounted to $71,901,129.77, and +that for the year ending June 30, 1859, to $66,346,226.13. Whilst the books +of the Treasury show an actual expenditure of $59,848,474.72 for the year +ending June 30, 1860, including $1,040,667.71 for the contingent expenses +of Congress, there must be deducted from this amount the sum of +$4,296,009.26, with the interest upon it of $150,000, appropriated by the +act of February 15, 1860, "for the purpose of supplying the deficiency in +the revenues and defraying the expenses of the Post-Office Department for +the year ending June 30, 1859." This sum therefore justly chargeable to the +year 1859, must be deducted from the sum of $59,848,474.72 in order to +ascertain the expenditure for the year ending June 30, 1860, which leaves a +balance for the expenditures of that year of $55,402,465.46. The interest +on the public debt, including Treasury notes, for the same fiscal year, +ending June 30, 1860, amounted to $3,177,314.62, which, added to the above +sum of $55,402,465.46, makes the aggregate of $58,579,780.08. + +It ought in justice to be observed that several of the estimates from the +Departments for the year ending June 30, 1860, were reduced by Congress +below what was and still is deemed compatible with the public interest. +Allowing a liberal margin of $2,500,000 for this reduction and for other +causes, it may be safely asserted that the sum of $61,000,000, or, at the +most, $62,000,000, is amply sufficient to administer the Government and to +pay the interest on the public debt, unless contingent events should +hereafter render extraordinary expenditures necessary. + +This result has been attained in a considerable degree by the care +exercised by the appropriate Departments in entering into public contracts. +I have myself never interfered with the award of any such contract, except +in a single case, with the Colonization Society, deeming it advisable to +cast the whole responsibility in each case on the proper head of the +Department, with the general instruction that these contracts should always +be given to the lowest and best bidder. It has ever been my opinion that +public contracts are not a legitimate source of patronage to be conferred +upon personal or political favorites, but that in all such cases a public +officer is bound to act for the Government as a prudent individual would +act for himself. + +It is with great satisfaction I communicate the fact that since the date of +my last annual message not a single slave has been imported into the United +States in violation of the laws prohibiting the African slave trade. This +statement is rounded upon a thorough examination and investigation of the +subject. Indeed, the spirit which prevailed some time since among a portion +of our fellow-citizens in favor of this trade seems to have entirely +subsided. + +I also congratulate you upon the public sentiment which now exists against +the crime of setting on foot military expeditions within the limits of the +United States to proceed from thence and make war upon the people of +unoffending States with whom we are at peace. In this respect a happy +change has been effected since the commencement of my Administration. It +surely ought to be the prayer of every Christian and patriot that such +expeditions may never again receive countenance in our country or depart +from our shores. + +It would be a useless repetition to do more than refer with earnest +commendation to my former recommendations in favor of the Pacific railroad; +of the grant of power to the President to employ the naval force in the +vicinity for the protection of the lives and property of our +fellow-citizens passing in transit over the different Central American +routes against sudden and lawless outbreaks and depredations, and also to +protect American merchant vessels, their crews and cargoes, against violent +and unlawful seizure and confiscation in the ports of Mexico and the South +American Republics when these may be in a disturbed and revolutionary +condition. It is my settled conviction that without such a power we do not +afford that protection to those engaged in the commerce of the country +which they have a right to demand. + +I again recommend to Congress the passage of a law, in pursuance of the +provisions of the Constitution, appointing a day certain previous to the +4th March in each year of an odd number for the election of Representatives +throughout all the States. A similar power has already been exercised, with +general approbation, in the appointment of the same day throughout the +Union for holding the election of electors for President and Vice-President +of the United States. My attention was earnestly directed to this subject +from the fact that the Thirty-fifth Congress terminated on the 3d March, +1859, without making the necessary appropriation for the service of the +Post-Office Department. I was then forced to consider the best remedy for +this omission, and an immediate call of the present Congress was the +natural resort. Upon inquiry, however, I ascertained that fifteen out of +the thirty-three States composing the Confederacy were without +Representatives, and that consequently these fifteen States would be +disfranchised by such a call. These fifteen States will be in the same +condition on the 4th March next. Ten of them can not elect Representatives, +according to existing State laws, until different periods, extending from +the beginning of August next until the months of October and November. In +my last message I gave warning that in a time of sudden and alarming danger +the salvation of our institutions might depend upon the power of the +President immediately to assemble a full Congress to meet the emergency. + +It is now quite evident that the financial necessities of the Government +will require a modification of the tariff during your present session for +the purpose of increasing the revenue. In this aspect, I desire to +reiterate the recommendation contained in my last two annual messages in +favor of imposing specific instead of ad valorem duties on all imported +articles to which these can be properly applied. From long observation and +experience I am convinced that specific duties are necessary, both to +protect the revenue and to secure to our manufacturing interests that +amount of incidental encouragement which unavoidably results from a revenue +tariff. + +As an abstract proposition it may be admitted that ad valorem duties would +in theory be the most just and equal. But if the experience of this and of +all other commercial nations has demonstrated that such duties can not be +assessed and collected without great frauds upon the revenue, then it is +the part of wisdom to resort to specific duties. Indeed, from the very +nature of an ad valorem duty this must be the result. Under it the +inevitable consequence is that foreign goods will be entered at less than +their true value. The Treasury will therefore lose the duty on the +difference between their real and fictitious value, and to this extent we +are defrauded. + +The temptations which ad valorem duties present to a dishonest importer are +irresistible. His object is to pass his goods through the custom-house at +the very lowest valuation necessary to save them from confiscation. In this +he too often succeeds in spite of the vigilance of the revenue officers. +Hence the resort to false invoices, one for the purchaser and another for +the custom-house, and to other expedients to defraud the Government. The +honest importer produces his invoice to the collector, stating the actual +price at which he purchased the articles abroad. Not so the dishonest +importer and the agent of the foreign manufacturer. And here it may be +observed that a very large proportion of the manufactures imported from +abroad are consigned for sale to commission merchants, who are mere agents +employed by the manufacturers. In such cases no actual sale has been made +to fix their value. The foreign manufacturer, if he be dishonest, prepares +an invoice of the goods, not at their actual value, but at the very lowest +rate necessary to escape detection. In this manner the dishonest importer +and the foreign manufacturer enjoy a decided advantage over the honest +merchant. They are thus enabled to undersell the fair trader and drive him +from the market. In fact the operation of this system has already driven +from the pursuits of honorable commerce many of that class of regular and +conscientious merchants whose character throughout the world is the pride +of our country. + +The remedy for these evils is to be found in specific duties, so far as +this may be practicable. They dispense with any inquiry at the custom-house +into the actual cost or value of the article, and it pays the precise +amount of duty previously fixed by law. They present no temptations to the +appraisers of foreign goods, who receive but small salaries, and might by +undervaluation in a few cases render themselves independent. + +Besides, specific duties best conform to the requisition in the +Constitution that "no preference shall be given by any regulation of +commerce or revenue to the ports of one State over those of another." Under +our ad valorem system such preferences are to some extent inevitable, and +complaints have often been made that the spirit of this provision has been +violated by a lower appraisement of the same articles at one port than at +another. + +An impression strangely enough prevails to some extent that specific duties +are necessarily protective duties. Nothing can be more fallacious. Great +Britain glories in free trade, and yet her whole revenue from imports is at +the present moment collected under a system of specific duties. It is a +striking fact in this connection that in the commercial treaty of January +23, 1860, between France and England one of the articles provides that the +ad valorem duties which it imposes shall be converted into specific duties +within six months from its date, and these are to be ascertained by making +an average of the prices for six months previous to that time. The reverse +of the propositions would be nearer to the truth, because a much larger +amount of revenue would be collected by merely converting the ad valorem +duties of a tariff into equivalent specific duties. To this extent the +revenue would be increased, and in the same proportion the specific duty +might be diminished. + +Specific duties would secure to the American manufacturer the incidental +protection to which he is fairly entitled under a revenue tariff, and to +this surely no person would object. The framers of the existing tariff have +gone further, and in a liberal spirit have discriminated in favor of large +and useful branches of our manufactures, not by raising the rate of duty +upon the importation of similar articles from abroad, but, what is the same +in effect, by admitting articles free of duty which enter into the +composition of their fabrics. + +Under the present system it has been often truly remarked that this +incidental protection decreases when the manufacturer needs it most and +increases when he needs it least, and constitutes a sliding scale which +always operates against him. The revenues of the country are subject to +similar fluctuations. Instead of approaching a steady standard, as would be +the case under a system of specific duties, they sink and rise with the +sinking and rising prices of articles in foreign countries. It would not be +difficult for Congress to arrange a system of specific duties which would +afford additional stability both to our revenue and our manufactures and +without injury or injustice to any interest of the country. This might be +accomplished by ascertaining the average value of any given article for a +series of years at the place of exportation and by simply converting the +rate of ad valorem duty upon it which might be deemed necessary for revenue +purposes into the form of a specific duty. Such an arrangement could not +injure the consumer. If he should pay a greater amount of duty one year, +this would be counterbalanced by a lesser amount the next, and in the end +the aggregate would be the same. + +I desire to call your immediate attention to the present condition of the +Treasury, so ably and clearly presented by the Secretary in his report to +Congress, and to recommend that measures be promptly adopted to enable it +to discharge its pressing obligations. The other recommendations of the +report are well worthy of your favorable consideration. + +I herewith transmit to Congress the reports of the Secretaries of War, of +the Navy, of the Interior, and of the Postmaster-General. The +recommendations and suggestions which they contain are highly valuable and +deserve your careful attention. + +The report of the Postmaster-General details the circumstances under which +Cornelius Vanderbilt, on my request, agreed in the month of July last to +carry the ocean mails between our Atlantic and Pacific coasts. Had he not +thus acted this important intercommunication must have been suspended, at +least for a season. The Postmaster-General had no power to make him any +other compensation than the postages on the mail matter which he might +carry. It was known at the time that these postages would fall far short of +an adequate compensation, as well as of the sum which the same service had +previously cost the Government. Mr. Vanderbilt, in a commendable spirit, +was willing to rely upon the justice of Congress to make up the deficiency, +and I therefore recommend that an appropriation may be granted for this +purpose. + +I should do great injustice to the Attorney-General were I to omit the +mention of his distinguished services in the measures adopted and +prosecuted by him for the defense of the Government against numerous and +unfounded claims to land in California purporting to have been made by the +Mexican Government previous to the treaty of cession. The successful +opposition to these claims has saved the United States public property +worth many millions of dollars and to individuals holding title under them +to at least an equal amount. + +It has been represented to me from sources which I deem reliable that the +inhabitants in several portions of Kansas have been reduced nearly to a +state of starvation on account of the almost total failure of their crops, +whilst the harvests in every other portion of the country have been +abundant. The prospect before them for the approaching winter is well +calculated to enlist the sympathies of every heart. The destitution appears +to be so general that it can not be relieved by private contributions, and +they are in such indigent circumstances as to be unable to purchase the +necessaries of life for themselves. I refer the subject to Congress. If any +constitutional measure for their relief can be devised, I would recommend +its adoption. + +I cordially commend to your favorable regard the interests of the people of +this District. They are eminently entitled to your consideration, +especially since, unlike the people of the States, they can appeal to no +government except that of the Union. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY JAMES BUCHANAN *** + +This file should be named subuc11.txt or subuc11.zip +Corrected EDITIONS of our eBooks get a new NUMBER, subuc12.txt +VERSIONS based on separate sources get new LETTER, subuc10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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