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President[ Millard Fillmore

         Date[ December 6, 1852


Fellow-Citizens of the Senate and of the House of Representatives:


The brief space which has elapsed since the close of your last session has

been marked by no extraordinary political event. The quadrennial election

of Chief Magistrate has passed off with less than the usual excitement.

However individuals and parties may have been disappointed in the result,

it is, nevertheless, a subject of national congratulation that the choice

has been effected by the independent suffrages of a free people,

undisturbed by those influences which in other countries have too often

affected the purity of popular elections.


Our grateful thanks are due to an all-merciful Providence, not only for

staying the pestilence which in different forms has desolated some of our

cities, but for crowning the labors of the husbandman with an abundant

harvest and the nation generally with the blessings of peace and

prosperity.


Within a few weeks the public mind has been deeply affected by the death of

Daniel Webster, filling at his decease the office of Secretary of State.

His associates in the executive government have sincerely sympathized with

his family and the public generally on this mournful occasion. His

commanding talents, his great political and professional eminence, his

well-tried patriotism, and his long and faithful services in the most

important public trusts have caused his death to be lamented throughout the

country and have earned for him a lasting place in our history. In the

course of the last summer considerable anxiety was caused for a short time

by an official intimation from the Government of Great Britain that orders

had been given for the protection of the fisheries upon the coasts of the

British provinces in North America against the alleged encroachments of the

fishing vessels of the United States and France. The shortness of this

notice and the season of the year seemed to make it a matter of urgent

importance. It was at first apprehended that an increased naval force had

been ordered to the fishing grounds to carry into effect the British

interpretation of those provisions in the convention of 1818 in reference

to the true intent of which the two Governments differ. It was soon

discovered that such was not the design of Great Britain, and satisfactory

explanations of the real objects of the measure have been given both here

and in London.


The unadjusted difference, however, between the two Governments as to the

interpretation of the first article of the convention of 1818 is still a

matter of importance. American fishing vessels, within nine or ten years,

have been excluded from waters to which they had free access for

twenty-five years after the negotiation of the treaty. In 1845 this

exclusion was relaxed so far as concerns the Bay of Fundy, but the just and

liberal intention of the home Government, in compliance with what we think

the true construction of the convention, to open all the other outer bays

to our fishermen was abandoned in consequence of the opposition of the

colonies. Notwithstanding this, the United States have, since the Bay of

Fundy was reopened to our fishermen in 1845, pursued the most liberal

course toward the colonial fishing interests. By the revenue law of 1846

the duties on colonial fish entering our ports were very greatly reduced,

and by the warehousing act it is allowed to be entered in bond without

payment of duty. In this way colonial fish has acquired the monopoly of the

export trade in our market and is entering to some extent into the home

consumption. These facts were among those which increased the sensibility

of our fishing interest at the movement in question. These circumstances

and the incidents above alluded to have led me to think the moment

favorable for a reconsideration of the entire subject of the fisheries on

the coasts of the British Provinces, with a view to place them upon a more

liberal footing of reciprocal privilege. A willingness to meet us in some

arrangement of this kind is understood to exist on the part of Great

Britain, with a desire on her part to include in one comprehensive

settlement as well this subject as the commercial intercourse between the

United States and the British Provinces. I have thought that, whatever

arrangements may be made on these two subjects, it is expedient that they

should be embraced in separate conventions. The illness and death of the

late Secretary of State prevented the commencement of the contemplated

negotiation. Pains have been taken to collect the information required for

the details of such an arrangement. The subject is attended with

considerable difficulty. If it is found practicable to come to an agreement

mutually acceptable to the two parties, conventions may be concluded in the

course of the present winter. The control of Congress over all the

provisions of such an arrangement affecting the revenue will of course be

reserved.


The affairs of Cuba formed a prominent topic in my last annual message.

They remain in an uneasy condition, and a feeling of alarm and irritation

on the part of the Cuban authorities appears to exist. This feeling has

interfered with the regular commercial intercourse between the United

States and the island and led to some acts of which we have a fight to

complain. But the Captain-General of Cuba is clothed with no power to treat

with foreign governments, nor is he in any degree under the control of the

Spanish minister at Washington. Any communication which he may hold with an

agent of a foreign power is informal and matter of courtesy. Anxious to put

an end to the existing inconveniences (which seemed to rest on a

misconception), I directed the newly appointed minister to Mexico to visit

Havana on his way to Vera Cruz. He was respectfully received by the

Captain-General, who conferred with him freely on the recent occurrences,

but no permanent arrangement was effected.


In the meantime the refusal of the Captain-Generalto allow passengers and

the mail to be landed in certain cases, for a reason which does not

furnish, in the opinion of this Government, even a good presumptive ground

for such prohibition, has been made the subject of a serious remonstrance

at Madrid, and I have no reason to doubt that due respect will be paid by

the Government of Her Catholic Majesty to the representations which our

minister has been instructed to make on the subject.


It is but justice to the Captain-General to add that his conduct toward the

steamers employed to carry the mails of the United States to Havana has,

with the exceptions above alluded to, been marked with kindness and

liberality, and indicates no general purpose of interfering with the

commercial correspondence and intercourse between the island and this

country.


Early in the present year official notes were received from the ministers

of France and England inviting the Government of the United States to

become a party with Great Britain and France to a tripartite convention, in

virtue of which the three powers should severally and collectively disclaim

now and for the future all intention to obtain possession of the island of

Cuba, and should bind themselves to discountenance all attempts to that

effect on the part of any power or individual whatever. This invitation has

been respectfully declined, for reasons which it would occupy too much

space in this communication to state in detail, but which led me to think

that the proposed measure would be of doubtful constitutionality,

impolitic, and unavailing. I have, however, in common with several of my

predecessors, directed the ministers of France and England to be assured

that the United States entertain no designs against Cuba, but that, on the

contrary, I should regard its incorporation into the Union at the present

time as fraught with serious peril.


Were this island comparatively destitute of inhabitants or occupied by a

kindred race, I should regard it, if voluntarily ceded by Spain, as a most

desirable acquisition. But under existing circumstances I should look upon

its incorporation into our Union as a very hazardous measure. It would

bring into the Confederacy a population of a different national stock,

speaking a different language, and not likely to harmonize with the other

members. It would probably affect in a prejudicial manner the industrial

interests of the South, and it might revive those conflicts of opinion

between the different sections of the country which lately shook the Union

to its center, and which have been so happily compromised.


The rejection by the Mexican Congress of the convention which had been

concluded between that Republic and the United States for the protection of

a transit way across the Isthmus of Tehuantepec and of the interests of

those citizens of the United States who had become proprietors of the

rights which Mexico had conferred on one of her own citizens in regard to

that transit has thrown a serious obstacle in the way of the attainment of

a very desirable national object. I am still willing to hope that the

differences on the subject which exist, or may hereafter arise, between the

Governments will be amicably adjusted. This subject, however, has already

engaged the attention of the Senate of the United States, and requires no

further comment in this communication.


The settlement of the question respecting the port of San Juan de Nicaragua

and of the controversy between the Republics of Costa Rica and Nicaragua in

regard to their boundaries was considered indispensable to the commencement

of the ship canal between the two oceans, which was the subject of the

convention between the United States and Great Britain of the 19th of

April, 1850. Accordingly, a proposition for the same purposes, addressed to

the two Governments in that quarter and to the Mosquito Indians, was agreed

to in April last by the Secretary of State and the minister of Her

Britannic Majesty. Besides the wish to aid in reconciling the differences

of the two Republics, I engaged in the negotiation from a desire to place

the great work of a ship canal between the two oceans under one

jurisdiction and to establish the important port of San Juan de Nicaragua

under the government of a civilized power. The proposition in question was

assented to by Costs Rica and the Mosquito Indians. It has not proved

equally acceptable to Nicaragua, but it is to be hoped that the further

negotiations on the subject which are in train will be carried on in that

spirit of conciliation and compromise which ought always to prevail on such

occasions, and that they will lead to a satisfactory result.


I have the satisfaction to inform you that the executive government of

Venezuela has acknowledged some claims of citizens of the United States

which have for many years past been urged by our charge d'affaires at

Caracas. It is hoped that the same sense of justice will actuate the

Congress of that Republic in providing the means for their payment.


The recent revolution in Buenos Ayres and the Confederated States having

opened the prospect of an improved state of things in that quarter, the

Governments of Great Britain and France determined to negotiate with the

chief of the new confederacy for the free access of their commerce to the

extensive countries watered by the tributaries of the La Plata; and they

gave a friendly notice of this purpose to the United States, that we might,

if we thought proper, pursue the same course. In compliance with this

invitation, our minister at Rio Janeiro and our charge d'affaires at

Buenos Ayres have been fully authorized to conclude treaties with the newly

organized confederation or the States composing it. The delays which have

taken place in the formation of the new government have as yet prevented

the execution of those instructions, but there is every reason to hope that

these vast countries will be eventually opened to our commerce.


A treaty of commerce has been concluded between the United States and the

Oriental Republic of Uruguay, which will be laid before the Senate. Should

this convention go into operation, it will open to the commercial

enterprise of our citizens a country of great extent and unsurpassed in

natural resources, but from which foreign nations have hitherto been almost

wholly excluded.


The correspondence of the late Secretary of State with the Peruvian charge

d'affaires relative to the Lobos Islands was communicated to Congress

toward the close of the last session. Since that time, on further

investigation of the subject, the doubts which had been entertained of the

title of Peru to those islands have been removed, and I have deemed it just

that the temporary wrong which had been unintentionally done her from want

of information should be repaired by an unreserved acknowledgment of her

sovereignty.


I have the satisfaction to inform you that the course pursued by Peru has

been creditable to the liberality of her Government. Before it was known by

her that her title would be acknowledged at Washington, her minister of

foreign affairs had authorized our charge d'affaires at Lima to announce

to the American vessels which had gone to the Lobos for guano that the

Peruvian Government was willing to freight them on its own account. This

intention has been carried into effect by the Peruvian minister here by an

arrangement which is believed to be advantageous to the parties in

interest.


Our settlements on the shores of the Pacific have already given a great

extension, and in some respects a new direction, to our commerce in that

ocean. A direct and rapidly increasing intercourse has sprung up with

eastern Asia. The waters of the Northern Pacific, even into the Arctic Sea,

have of late years been frequented by our whalemen. The application of

steam to the general purposes of navigation is becoming daily more common,

and makes it desirable to obtain fuel and other necessary supplies at

convenient points on the route between Asia and our Pacific shores. Our

unfortunate countrymen who from time to time suffer shipwreck on the coasts

of the eastern seas are entitled to protection. Besides these specific

objects, the general prosperity of our States on the Pacific requires that

an attempt should be made to open the opposite regions of Asia to a

mutually beneficial intercourse. It is obvious that this attempt could be

made by no power to so great advantage as by the United States, whose

constitutional system excludes every idea of distant colonial dependencies.

I have accordingly been led to order an appropriate naval force to Japan,

under the command of a discreet and intelligent officer of the highest rank

known to our service. He is instructed to endeavor to obtain from the

Government of that country some relaxation of the inhospitable and

antisocial system which it has pursued for about two centuries. He has been

directed particularly to remonstrate in the strongest language against the

cruel treatment to which our shipwrecked mariners have often been subjected

and to insist that they shall be treated with humanity. He is instructed,

however, at the same time, to give that Government the amplest assurances

that the objects of the United States are such, and such only, as I have

indicated, and that the expedition is friendly and peaceful.

Notwithstanding the jealousy with which the Governments of eastern Asia

regard all overtures from foreigners, I am not without hopes of a

beneficial result of the expedition. Should it be crowned with success, the

advantages will not be confined to the United States, but, as in the case

of China, will be equally enjoyed by all the other maritime powers. I have

much satisfaction in stating that in all the steps preparatory to this

expedition the Government of the United States has been materially aided by

the good offices of the King of the Netherlands, the only European power

having any commercial relations with Japan.


In passing from this survey of our foreign relations, I invite the

attention of Congress to the condition of that Department of the Government

to which this branch of the public business is intrusted. Our intercourse

with foreign powers has of late years greatly increased, both in

consequence of our own growth and the introduction of many new states into

the family of nations. In this way the Department of State has become

overburdened. It has by the recent establishment of the Department of the

Interior been relieved of some portion of the domestic business. If the

residue of the business of that kind--such as the distribution of

Congressional documents, the keeping, publishing, and distribution of the

laws of the United States, the execution of the copyright law, the subject

of reprieves and pardons, and some other subjects relating to interior

administration--should be transferred from the Department of State, it

would unquestionably be for the benefit of the public service. I would also

suggest that the building appropriated to the State Department is not

fireproof; that there is reason to think there are defects in its

construction, and that the archives of the Government in charge of the

Department, with the precious collections of the manuscript papers of

Washington, Jefferson, Hamilton, Madison, and Monroe, are exposed to

destruction by fire. A similar remark may be made of the buildings

appropriated to the War and Navy Departments.


The condition of the Treasury is exhibited in the annual report from that

Department.


The cash receipts into the Treasury for the fiscal year ending the 30th

June last, exclusive of trust funds, were $49,728,386.89, and the

expenditures for the same period, likewise exclusive of trust funds, were

$46,007,896.20, of which $9,455,815.83 was on account of the principal and

interest of the public debt, including the last installment of the

indemnity to Mexico under the treaty of Guadalupe Hidalgo, leaving a

balance of $14,632,136.37 in the Treasury on the 1st day of July last.

Since this latter period further purchases of the principal of the public

debt have been made to the extent of $2,456,547.49, and the surplus in the

Treasury will continue to be applied to that object whenever the stock can

be procured within the limits as to price authorized by law.


The value of foreign merchandise imported during the last fiscal year was

$207,240,101, and the value of domestic productions exported was

$149,861,911, besides $17,204,026 of foreign merchandise exported, making

the aggregate of the entire exports $167,065,937. Exclusive of the above,

there was exported $42,507,285 in specie, and imported from foreign ports

$5,262,643.


In my first annual message to Congress I called your attention to what

seemed to me some defects in the present tariff, and recommended such

modifications as in my judgment were best adapted to remedy its evils and

promote the prosperity of the country. Nothing has since occurred to change

my views on this important question.


Without repeating the arguments contained in my former message in favor of

discriminating protective duties, I deem it my duty to call your attention

to one or two other considerations affecting this subject. The first is the

effect of large importations of foreign goods upon our currency. Most of

the gold of California, as fast as it is coined, finds its way directly to

Europe in payment for goods purchased. In the second place, as our

manufacturing establishments are broken down by competition with

foreigners, the capital invested in them is lost, thousands of honest and

industrious citizens are thrown out of employment, and the farmer, to that

extent, is deprived of a home market for the sale of his surplus produce.

In the third place, the destruction of our manufactures leaves the

foreigner without competition in our market, and he consequently raises the

price of the article sent here for sale, as is now seen in the increased

cost of iron imported from England. The prosperity and wealth of every

nation must depend upon its productive industry. The farmer is stimulated

to exertion by finding a ready market for his surplus products, and

benefited by being able to exchange them without loss of time or expense of

transportation for the manufactures which his comfort or convenience

requires. This is always done to the best advantage where a portion of the

community in which he lives is engaged in other pursuits. But most

manufactures require an amount of capital and a practical skill which can

not be commanded unless they be protected for a time from ruinous

competition from abroad. Hence the necessity of laying those duties upon

imported goods which the Constitution authorizes for revenue in such a

manner as to protect and encourage the labor of our own citizens. Duties,

however, should not be fixed at a rate so high as to exclude the foreign

article, but should be so graduated as to enable the domestic manufacturer

fairly to compete with the foreigner in our own markets, and by this

competition to reduce the price of the manufactured article to the consumer

to the lowest rate at which it can be produced. This policy would place the

mechanic by the side of the farmer, create a mutual interchange of their

respective commodities, and thus stimulate the industry of the whole

country and render us independent of foreign nations for the supplies

required by the habits or necessities of the people.


Another question, wholly independent of protection, presents itself, and

that is, whether the duties levied should be upon the value of the article

at the place of shipment, or, where it is practicable, a specific duty,

graduated according to quantity, as ascertained by weight or measure. All

our duties are at present ad valorem. A certain percentage is levied on the

price of the goods at the port of shipment in a foreign country. Most

commercial nations have found it indispensable, for the purpose of

preventing fraud and perjury, to make the duties specific whenever the

article is of such a uniform value in weight or measure as to justify such

a duty. Legislation should never encourage dishonesty or crime. It is

impossible that the revenue officers at the port where the goods are

entered and the duties paid should know with certainty what they cost in

the foreign country. Yet the law requires that they should levy the duty

according to such cost. They are therefore compelled to resort to very

unsatisfactory evidence to ascertain what that cost was. They take the

invoice of the importer, attested by his oath, as the best evidence of

which the nature of the case admits. But everyone must see that the invoice

may be fabricated and the oath by which it is supported false, by reason of

which the dishonest importer pays a part only of the duties which are paid

by the honest one, and thus indirectly receives from the Treasury of the

United States a reward for his fraud and perjury. The reports of the

Secretary of the Treasury heretofore made on this subject show conclusively

that these frauds have been practiced to a great extent. The tendency is to

destroy that high moral character for which our merchants have long been

distinguished, to defraud the Government of its revenue, to break down the

honest importer by a dishonest competition, and, finally, to transfer the

business of importation to foreign and irresponsible agents, to the great

detriment of our own citizens. I therefore again most earnestly recommend

the adoption of specific duties wherever it is practicable, or a home

valuation, to prevent these frauds.


I would also again call your attention to the fact that the present tariff

in some cases imposes a higher duty upon the raw material imported than

upon the article manufactured from it, the consequence of which is that the

duty operates to the encouragement of the foreigner and the discouragement

of our own citizens.


For full and detailed information in regard to the general condition of our

Indian affairs, I respectfully refer you to the report of the Secretary of

the Interior and the accompanying documents.


The Senate not having thought proper to ratify the treaties which have been

negotiated with the tribes of Indians in California and Oregon, our

relations with them have been left in a very unsatisfactory condition.


In other parts of our territory particular districts of country have been

set apart for the exclusive occupation of the Indians, and their right to

the lands within those limits has been acknowledged and respected. But in

California and Oregon there has been no recognition by the Government of

the exclusive right of the Indians to any part of the country. They are

therefore mere tenants at sufferance, and liable to be driven from place to

place at the pleasure of the whites.


The treaties which have been rejected proposed to remedy this evil by

allotting to the different tribes districts of country suitable to their

habits of life and sufficient for their support. This provision, more than

any other, it is believed, led to their rejection; and as no substitute for

it has been adopted by Congress, it has not been deemed advisable to

attempt to enter into new treaties of a permanent character, although no

effort has been spared by temporary arrangements to preserve friendly

relations with them.


If it be the desire of Congress to remove them from the country altogether,

or to assign to them particular districts more remote from the settlements

of the whites, it will be proper to set apart by law the territory which

they are to occupy and to provide the means necessary for removing them to

it. Justice alike to our own citizens and to the Indians requires the

prompt action of Congress on this subject. The amendments proposed by the

Senate to the treaties which were negotiated with the Sioux Indians of

Minnesota have been submitted to the tribes who were parties to them, and

have received their assent. A large tract of valuable territory has thus

been opened for settlement and cultivation, and all danger of collision

with these powerful and warlike bands has been happily removed.


The removal of the remnant of the tribe of Seminole Indians from Florida

has long been a cherished object of the Government, and it is one to which

my attention has been steadily directed. Admonished by past experience of

the difficulty and cost of the attempt to remove them by military force,

resort has been had to conciliatory measures. By the invitation of the

Commissioner of Indian Affairs, several of the principal chiefs recently

visited Washington, and whilst here acknowledged in writing the obligation

of their tribe to remove with the least possible delay. Late advices from

the special agent of the Government represent that they adhere to their

promise, and that a council of their people has been called to make their

preliminary arrangements. A general emigration may therefore be confidently

expected at an early day.


The report from the General Land Office shows increased activity in its

operations. The survey of the northern boundary of Iowa has been completed

with unexampled dispatch. Within the last year 9,522,953 acres of public

land have been surveyed and 8,032,463 acres brought into market.


Acres In the last fiscal year there were sold 1,553,071 Located with

bounty-land warrants 3,201,314 Located with other certificates 115,682

Making a total of 4,870,067


In addition there were--Reported under swamp-land grants 5,219,188 For

internal improvements, railroads, etc 3,025,920 Making an aggregate of

13,115,175 Being an increase of the amount sold and located under land

warrants of 569,220 acres over the previous year. The whole amount thus

sold, located under land warrants, reported under swamp-land grants, and

selected for internal improvements exceeds that of the previous year by

3,342,372 acres; and the sales would without doubt have been much larger

but for the extensive reservations for railroads in Missouri, Mississippi,

and Alabama.


Acres For the quarter ending 30th September, 1852, there were sold 243,255

Located with bounty-land warrants 1,387,116 Located with other certificates

15,649 Reported under swamp-land grants 2,485,233 Making an aggregate for

the quarter of 4,131,253


Much the larger portion of the labor of arranging and classifying the

returns of the last census has been finished, and it will now devolve upon

Congress to make the necessary provision for the publication of the results

in such form as shall be deemed best. The apportionment of representation

on the basis of the new census has been made by the Secretary of the

Interior in conformity with the provisions of law relating to that subject,

and the recent elections have been made in accordance with it.


I commend to your favorable regard the suggestion contained in the report

of the Secretary of the Interior that provision be made by law for the

publication and distribution, periodically, of an analytical digest of all

the patents which have been or may hereafter be granted for useful

inventions and discoveries, with such descriptions and illustrations as may

be necessary to present an intelligible view of their nature and operation.

The cost of such publication could easily be defrayed out of the patent

fund, and I am persuaded that it could be applied to no object more

acceptable to inventors and beneficial to the public at large.


An appropriation of $100,000 having been made at the last session for the

purchase of a suitable site and for the erection, furnishing, and fitting

up of an asylum for the insane of the District of Columbia and of the Army

and Navy of the United States, the proper measures have been adopted to

carry this beneficent purpose into effect.


By the latest advices from the Mexican boundary commission it appears that

the survey of the river Gila from its continence with the Colorado to its

supposed intersection with the western line of New Mexico has been

completed. The survey of the Rio Grande has also been finished from the

point agreed on by the commissioners as "the point where it strikes the

southern boundary of New Mexico" to a point 135 miles below Eagle Pass,

which is about two-thirds of the distance along the course of the river to

its mouth.


The appropriation which was made at the last session of Congress for the

continuation of the survey is subject to the following proviso: Provided,

That no part of this appropriation shall be used or expended until it shall

be made satisfactorily to appear to the President of the United States that

the southern boundary of New Mexico is not established by the commissioner

and surveyor of the United States farther north of the town called "Paso"

than the same is laid down in Disturnell's map, which is added to the

treaty.


My attention was drawn to this subject by a report from the Department of

the Interior, which reviewed all the facts of the case and submitted for my

decision the question whether under existing circumstances any part of the

appropriation could be lawfully used or expended for the further

prosecution of the work. After a careful consideration of the subject I

came to the conclusion that it could not, and so informed the head of that

Department. Orders were immediately issued by him to the commissioner and

surveyor to make no further requisitions on the Department, as they could

not be paid, and to discontinue all operations on the southern line of New

Mexico. But as the Department had no exact information as to the amount of

provisions and money which remained unexpended in the hands of the

commissioner and surveyor, it was left discretionary with them to continue

the survey down the Rio Grande as far as the means at their disposal would

enable them or at once to disband the commission. A special messenger has

since arrived from the officer in charge of the survey on the river with

information that the funds subject to his control were exhausted and that

the officers and others employed in the service were destitute alike of the

means of prosecuting the work and of returning to their homes.


The object of the proviso was doubtless to arrest the survey of the

southern and western lines of New Mexico, in regard to which different

opinions have been expressed; for it is hardly to be supposed that there

could be any objection to that part of the line which extends along the

channel of the Rio Grande. But the terms of the law are so broad as to

forbid the use of any part of the money for the prosecution of the work, or

even for the payment to the officers and agents of the arrearages of pay

which are justly due to them.


I earnestly invite your prompt attention to this subject, and recommend a

modification of the terms of the proviso, so as to enable the Department to

use as much of the appropriation as will be necessary to discharge the

existing obligations of the Government and to complete the survey of the

Rio Grande to its mouth.


It will also be proper to make further provision by law for the fulfillment

of our treaty with Mexico for running and marking the residue of the

boundary line between the two countries.


Permit me to invite your particular attention to the interests of the

District of Columbia, which are confided by the Constitution to your

peculiar care.


Among the measures which seem to me of the greatest importance to its

prosperity are the introduction of a copious supply of water into the city

of Washington and the construction of suitable bridges across the Potomac

to replace those which were destroyed by high water in the early part of

the present year.


At the last session of Congress an appropriation was made to defray the

cost of the surveys necessary for determining the best means of affording

an unfailing supply of good and wholesome water. Some progress has been

made in the survey, and as soon as it is completed the result will be laid

before you.


Further appropriations will also be necessary for grading and paving the

streets and avenues and inclosing and embellishing the public grounds

within the city of Washington.


I commend all these objects, together with the charitable institutions of

the District, to your favorable regard. Every effort has been made to

protect our frontier and that of the adjoining Mexican States from the

incursions of the Indian tribes. Of about 11,000 men of which the Army is

composed, nearly 8,000 are employed in the defense of the newly acquired

territory (including Texas) and of emigrants proceeding thereto. I am

gratified to say that these efforts have been unusually successful. With

the exception of some partial outbreaks in California and Oregon and

occasional depredations on a portion of the Rio Grande, owing, it is

believed, to the disturbed state of that border region, the inroads of the

Indians have been effectually restrained.


Experience has shown, however, that whenever the two races are brought into

contact collisions will inevitably occur. To prevent these collisions the

United States have generally set apart portions of their territory for the

exclusive occupation of the Indian tribes. A difficulty occurs, however, in

the application of this policy to Texas. By the terms of the compact by

which that State was admitted into the Union she retained the ownership of

all the vacant lands within her limits. The government of that State, it is

understood, has assigned no portion of her territory to the Indians, but as

fast as her settlements advance lays it off into counties and proceeds to

survey and sell it. This policy manifestly tends not only to alarm and

irritate the Indians, but to compel them to resort to plunder for

subsistence. It also deprives this Government of that influence and control

over them without which no durable peace can ever exist between them and

the whites. I trust, therefore, that a due regard for her own interests,

apart from considerations of humanity and justice, will induce that State

to assign a small portion of her vast domain for the provisional occupancy

of the small remnants of tribes within her borders, subject, of course, to

her ownership and eventual jurisdiction. If she should fail to do this, the

fulfillment of our treaty stipulations with Mexico and our duty to the

Indians themselves will, it is feared, become a subject of serious

embarrassment to the Government. It is hoped, however, that a timely and

just provision by Texas may avert this evil.


No appropriations for fortifications were made at the two last sessions of

Congress. The cause of this omission is probably to be found in a growing

belief that the system of fortifications adopted in 1816, and heretofore

acted on, requires revision.


The subject certainly deserves full and careful investigation, but it

should not be delayed longer than can be avoided. In the meantime there are

certain works which have been commenced, some of them nearly completed,

designed to protect our principal seaports from Boston to New Orleans and a

few other important points. In regard to the necessity for these works, it

is believed that little difference of opinion exists among military men. I

therefore recommend that the appropriations necessary to prosecute them be

made.


I invite your attention to the remarks on this subject and on others

connected with his Department contained in the accompanying report of the

Secretary of War.


Measures have been taken to carry into effect the law of the last session

making provision for the improvement of certain rivers and harbors, and it

is believed that the arrangements made for that purpose will combine

efficiency with economy. Owing chiefly to the advanced season when the act

was passed, little has yet been done in regard to many of the works beyond

making the necessary preparations. With respect to a few of the

improvements, the sums already appropriated will suffice to complete them;

but most of them will require additional appropriations. I trust that these

appropriations will be made, and that this wise and beneficent policy, so

auspiciously resumed, will be continued. Great care should be taken,

however, to commence no work which is not of sufficient importance to the

commerce of the country to be viewed as national in its character. But

works which have been commenced should not be discontinued until completed,

as otherwise the sums expended will in most cases be lost.


The report from the Navy Department will inform you of the prosperous

condition of the branch of the public service committed to its charge. It

presents to your consideration many topics and suggestions of which I ask

your approval. It exhibits an unusual degree of activity in the operations

of the Department during the past year. The preparations for the Japan

expedition, to which I have already alluded; the arrangements made for the

exploration and survey of the China Seas, the Northern Pacific, and

Behrings Straits; the incipient measures taken toward a reconnoissance of

the continent of Africa eastward of Liberia; the preparation for an early

examination of the tributaries of the river La Plata, which a recent decree

of the provisional chief of the Argentine Confederation has opened to

navigation--all these enterprises and the means by which they are proposed

to be accomplished have commanded my full approbation, and I have no doubt

will be productive of most useful results.


Two officers of the Navy were heretofore instructed to explore the whole

extent of the Amazon River from the confines of Peru to its mouth. The

return of one of them has placed in the possession of the Government an

interesting and valuable account of the character and resources of a

country abounding in the materials of commerce, and which if opened to the

industry of the world will prove an inexhaustible fund of wealth. The

report of this exploration will be communicated to you as soon as it is

completed.


Among other subjects offered to your notice by the Secretary of the Navy, I

select for special commendation, in view of its connection with the

interests of the Navy, the plan submitted by him for the establishment of a

permanent corps of seamen and the suggestions he has presented for the

reorganization of the Naval Academy.


In reference to the first of these, I take occasion to say that I think it

will greatly improve the efficiency of the service, and that I regard it as

still more entitled to favor for the salutary influence it must exert upon

the naval discipline, now greatly disturbed by the increasing spirit of

insubordination resulting from our present system. The plan proposed for

the organization of the seamen furnishes a judicious substitute for the law

of September, 1850, abolishing corporal punishment, and satisfactorily

sustains the policy of that act under conditions well adapted to maintain

the authority of command and the order and security of our ships. It is

believed that any change which proposes permanently to dispense with this

mode of punishment should be preceded by a system of enlistment which shall

supply the Navy with seamen of the most meritorious class, whose good

deportment and pride of character may preclude all occasion for a resort to

penalties of a harsh or degrading nature. The safety of a ship and her crew

is often dependent upon immediate obedience to a command, and the authority

to enforce it must be equally ready. The arrest of a refractory seaman in

such moments not only deprives the ship of indispensable aid, but imposes a

necessity for double service on others, whose fidelity to their duties may

be relied upon in such an emergency. The exposure to this increased and

arduous labor since the passage of the act of 1850 has already had, to a

most observable and injurious extent, the effect of preventing the

enlistment of the best seamen in the Navy. The plan now suggested is

designed to promote a condition of service in which this objection will no

longer exist. The details of this plan may be established in great part, if

not altogether, by the Executive under the authority of existing laws, but

I have thought it proper, in accordance with the suggestion of the

Secretary of the Navy, to submit it to your approval.


The establishment of a corps of apprentices for the Navy, or boys to be

enlisted until they become of age, and to be employed under such

regulations as the Navy Department may devise, as proposed in the report, I

cordially approve and commend to your consideration; and I also concur in

the suggestion that this system for the early training of seamen may be

most usefully ingrafted upon the service of our merchant marine. The other

proposition of the report to which I have referred--the reorganization of

the Naval Academy--I recommend to your attention as a project worthy of

your encouragement and support. The valuable services already rendered by

this institution entitle it to the continuance of your fostering care.


Your attention is respectfully called to the report of the Postmaster

General for the detailed operation of his Department during the last fiscal

year, from which it will be seen that the receipts from postages for that

time were less by $1,431,696 than for the preceding fiscal year, being a

decrease of about 23 per cent.


This diminution is attributable to the reduction in the rates of postage

made by the act of March 3, 1851, which reduction took effect at the

commencement of the last fiscal year.


Although in its operation during the last year the act referred to has not

fulfilled the predictions of its friends by increasing the correspondence

of the country in proportion to the reduction of postage, I should,

nevertheless, question the policy of returning to higher rates. Experience

warrants the expectation that as the community becomes accustomed to cheap

postage correspondence will increase. It is believed that from this cause

and from the rapid growth of the country in population and business the

receipts of the Department must ultimately exceed its expenses, and that

the country may safely rely upon the continuance of the present cheap rate

of postage.


In former messages I have, among other things, respectfully recommended to

the consideration of Congress the propriety and necessity of further

legislation for the protection and punishment of foreign consuls residing

in the United States; to revive, with certain modifications, the act of

10th March, 1838, to restrain unlawful military expeditions against the

inhabitants of conterminous states or territories; for the preservation and

protection from mutilation or theft of the papers, records, and archives of

the nation; for authorizing the surplus revenue to be applied to the

payment of the public debt in advance of the time when it will become due;

for the establishment of land offices for the sale of the public lands in

California and the Territory of Oregon; for the construction of a road from

the Mississippi Valley to the Pacific Ocean; for the establishment of a

bureau of agriculture for the promotion of that interest, perhaps the most

important in the country; for the prevention of frauds upon the Government

in applications for pensions and bounty lands; for the establishment of a

uniform fee bill, prescribing a specific compensation for every service

required of clerks, district attorneys, and marshals; for authorizing an

additional regiment of mounted men for the defense of our frontiers against

the Indians and for fulfilling our treaty stipulations with Mexico to

defend her citizens against the Indians "with equal diligence and energy as

our own;" for determining the relative rank between the naval and civil

officers in our public ships and between the officers of the Army and Navy

in the various grades of each; for reorganizing the naval establishment by

fixing the number of officers in each grade, and providing for a retired

list upon reduced pay of those unfit for active duty; for prescribing and

regulating punishments in the Navy; for the appointment of a commission to

revise the public statutes of the United States by arranging them in order,

supplying deficiencies, correcting incongruities, simplifying their

language, and reporting them to Congress for its final action; and for the

establishment of a commission to adjudicate and settle private claims

against the United States. I am not aware, however, that any of these

subjects have been finally acted upon by Congress. Without repeating the

reasons for legislation on these subjects which have been assigned in

former messages, I respectfully recommend them again to your favorable

consideration.


I think it due to the several Executive Departments of this Government to

bear testimony to the efficiency and integrity with which they are

conducted. With all the careful superintendence which it is possible for

the heads of those Departments to exercise, still the due administration

and guardianship of the public money must very much depend on the

vigilance, intelligence, and fidelity of the subordinate officers and

clerks, and especially on those intrusted with the settlement and

adjustment of claims and accounts. I am gratified to believe that they have

generally performed their duties faithfully and well. They are appointed to

guard the approaches to the public Treasury, and they occupy positions that

expose them to all the temptations and seductions which the cupidity of

peculators and fraudulent claimants can prompt them to employ. It will be

but a wise precaution to protect the Government against that source of

mischief and corruption, as far as it can be done, by the enactment of all

proper legal penalties. The laws in this respect are supposed to be

defective, and I therefore deem it my duty to call your attention to the

subject and to recommend that provision be made by law for the punishment

not only of those who shall accept bribes, but also of those who shall

either promise, give, or offer to give to any of those officers or clerks a

bribe or reward touching or relating to any matter of their official action

or duty.


It has been the uniform policy of this Government, from its foundation to

the present day, to abstain from all interference in the domestic affairs

of other nations. The consequence has been that while the nations of Europe

have been engaged in desolating wars our country has pursued its peaceful

course to unexampled prosperity and happiness. The wars in which we have

been compelled to engage in defense of the rights and honor of the country

have been, fortunately, of short duration. During the terrific contest of

nation against nation which succeeded the French Revolution we were enabled

by the wisdom and firmness of President Washington to maintain our

neutrality. While other nations were drawn into this wide-sweeping

whirlpool, we sat quiet and unmoved upon our own shores. While the flower

of their numerous armies was wasted by disease or perished by hundreds of

thousands upon the battlefield, the youth of this favored land were

permitted to enjoy the blessings of peace beneath the paternal roof. While

the States of Europe incurred enormous debts, under the burden of which

their subjects still groan, and which must absorb no small part of the

product of the honest industry of those countries for generations to come,

the United States have once been enabled to exhibit the proud spectacle of

a nation free from public debt, and if permitted to pursue our prosperous

way for a few years longer in peace we may do the same again.


But it is now said by some that this policy must be changed. Europe is no

longer separated from us by a voyage of months, but steam navigation has

brought her within a few days' sail of our shores. We see more of her

movements and take a deeper interest in her controversies. Although no one

proposes that we should join the fraternity of potentates who have for ages

lavished the blood and treasure of their subjects in maintaining "the

balance of power," yet it is said that we ought to interfere between

contending sovereigns and their subjects for the purpose of overthrowing

the monarchies of Europe and establishing in their place republican

institutions. It is alleged that we have heretofore pursued a different

course from a sense of our weakness, but that now our conscious strength

dictates a change of policy, and that it is consequently our duty to mingle

in these contests and aid those who are struggling for liberty.


This is a most seductive but dangerous appeal to the generous sympathies of

freemen. Enjoying, as we do, the blessings of a free Government, there is

no man who has an American heart that would not rejoice to see these

blessings extended to all other nations. We can not witness the struggle

between the oppressed and his oppressor anywhere without the deepest

sympathy for the former and the most anxious desire for his triumph.

Nevertheless, is it prudent or is it wise to involve ourselves in these

foreign wars? Is it indeed true that we have heretofore refrained from

doing so merely from the degrading motive of a conscious weakness? For the

honor of the patriots who have gone before us, I can not admit it. Men of

the Revolution, who drew the sword against the oppressions of the mother

country and pledged to Heaven "their lives, their fortunes, and their

sacred honor" to maintain their freedom, could never have been actuated by

so unworthy a motive. They knew no weakness or fear where right or duty

pointed the way, and it is a libel upon their fair fame for us, while we

enjoy the blessings for which they so nobly fought and bled, to insinuate

it. The truth is that the course which they pursued was dictated by a stern

sense of international justice, by a statesmanlike prudence and a

far-seeing wisdom, looking not merely to the present necessities but to the

permanent safety and interest of the country. They knew that the world is

governed less by sympathy than by reason and force; that it was not

possible for this nation to become a "propagandist" of free principles

without arraying against it the combined powers of Europe, and that the

result was more likely to be the overthrow of republican liberty here than

its establishment there. History has been written in vain for those who can

doubt this. France had no sooner established a republican form of

government than she manifested a desire to force its blessings on all the

world. Her own historian informs us that, hearing of some petty acts of

tyranny in a neighboring principality, "the National Convention declared

that she would afford succor and fraternity to all nations who wished to

recover their liberty, and she gave it in charge to the executive power to

give orders to the generals of the French armies to aid all citizens who

might have been or should be oppressed in the cause of liberty." Here was

the false step which led to her subsequent misfortunes. She soon found

herself involved in war with all the rest of Europe. In less than ten years

her Government was changed from a republic to an empire, and finally, after

shedding rivers of blood, foreign powers restored her exiled dynasty and

exhausted Europe sought peace and repose in the unquestioned ascendency of

monarchical principles. Let us learn wisdom from her example. Let us

remember that revolutions do not always establish freedom. Our own free

institutions were not the offspring of our Revolution. They existed before.

They were planted in the free charters of self-government under which the

English colonies grew up, and our Revolution only freed us from the

dominion of a foreign power whose government was at variance with those

institutions. But European nations have had no such training for

self-government, and every effort to establish it by bloody revolutions has

been, and must without that preparation continue to be, a failure. Liberty

unregulated by law degenerates into anarchy, which soon becomes the most

horrid of all despotisms. Our policy is wisely to govern ourselves, and

thereby to set such an example of national justice, prosperity, and true

glory as shall teach to all nations the blessings of self-government and

the unparalleled enterprise and success of a free people.


We live in an age of progress, and ours is emphatically a country of

progress. Within the last half century the number of States in this Union

has nearly doubled, the population has almost quadrupled, and our

boundaries have been extended from the Mississippi to the Pacific. Our

territory is checkered over with railroads and furrowed with canals. The

inventive talent of our country is excited to the highest pitch, and the

numerous applications for patents for valuable improvements distinguish

this age and this people from all others. The genius of one American has

enabled our commerce to move against wind and tide and that of another has

annihilated distance in the transmission of intelligence. The whole country

is full of enterprise. Our common schools are diffusing intelligence among

the people and our industry is fast accumulating the comforts and luxuries

of life. This is in part owing to our peculiar position, to our fertile

soil and comparatively sparse population; but much of it is also owing to

the popular institutions under which we live, to the freedom which every

man feels to engage in any useful pursuit according to his taste or

inclination, and to the entire confidence that his person and property will

be protected by the laws. But whatever may be the cause of this

unparalleled growth in population, intelligence, and wealth, one tiring is

clear--that the Government must keep pace with the progress of the people.

It must participate in their spirit of enterprise, and while it exacts

obedience to the laws and restrains all unauthorized invasions of the

rights of neighboring states, it should foster and protect home industry

and lend its powerful strength to the improvement of such means of

intercommunication as are necessary to promote our internal commerce and

strengthen the ties which bind us together as a people.


It is not strange, however much it may be regretted, that such an

exuberance of enterprise should cause some individuals to mistake change

for progress and the invasion of the rights of others for national prowess

and glory. The former are constantly agitating for some change in the

organic law, or urging new and untried theories of human rights. The latter

are ever ready to engage in any wild crusade against a neighboring people,

regardless of the justice of the enterprise and without looking at the

fatal consequences to ourselves and to the cause of popular government.

Such expeditions, however, are often stimulated by mercenary individuals,

who expect to share the plunder or profit of the enterprise without

exposing themselves to danger, and are led on by some irresponsible

foreigner, who abuses the hospitality of our own Government by seducing the

young and ignorant to join in his scheme of personal ambition or revenge

under the false and delusive pretense of extending the area of freedom.

These reprehensible aggressions but retard the true progress of our nation

and tarnish its fair fame. They should therefore receive the indignant

frowns of every good citizen who sincerely loves his country and takes a

pride in its prosperity and honor. Our Constitution, though not perfect, is

doubtless the best that ever was formed. Therefore let every proposition to

change it be well weighed and, if found beneficial, cautiously adopted.

Every patriot will rejoice to see its authority so exerted as to advance

the prosperity and honor of the nation, whilst he will watch with jealousy

any attempt to mutilate this charter of our liberties or pervert its powers

to acts of aggression or injustice. Thus shall conservatism and progress

blend their harmonious action in preserving the form and spirit of the

Constitution and at the same time carry forward the great improvements of

the country with a rapidity and energy which freemen only can display.


In closing this my last annual communication, permit me, fellow-citizens,

to congratulate you on the prosperous condition of our beloved country.

Abroad its relations with all foreign powers are friendly, its rights are

respected, and its high place in the family of nations cheerfully

recognized. At home we enjoy an amount of happiness, public and private,

which has probably never fallen to the lot of any other people. Besides

affording to our own citizens a degree of prosperity of which on so large a

scale I know of no other instance, our country is annually affording a

refuge and a home to multitudes, altogether without example, from the Old

World.


We owe these blessings, under Heaven, to the happy Constitution and

Government which were bequeathed to us by our fathers, and which it is our

sacred duty to transmit in all their integrity to our children. We must all

consider it a great distinction and privilege to have been chosen by the

people to bear a part in the administration of such a Government. Called by

an unexpected dispensation to its highest trust at a season of

embarrassment and alarm, I entered upon its arduous duties with extreme

diffidence. I claim only to have discharged them to the best of an humble

ability, with a single eye to the public good, and it is with devout

gratitude in retiring from office that I leave the country in a state of

peace and prosperity.


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