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President[ James Buchanan

         Date[ 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.

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