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The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, December 26, 1857, Image 1

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VOLUME
,fi*
I.—NUMBER
35-
PRESIDENTS MESSAGE.
nuaw Citizen* oj the StnsU and Emm
»f Representative*:
*4n obedience to the command of the Coa
atitation, it has now become my duty "to
git,, to Congress information oMhe state of
the Union, and recommend to their consid
eration such measures" as i judge to be
"necessary and expedient."
Bat first, and above alt, our thanka aredue
to Almighty God for the numerous benefits
which He has bestowed upon this people
and our united prayers ought to ascend to
Him that He would continue to bless our
great republic in time to come as He has
blessed it in times past. Since the adjourn
ment of the last Congress our constituents
have enjoyed an unusual degree of health.
The earth has yielded her fruit abundantly,
and has bountifully rewarded theloil of the
husbandmen. Our groat staples have com
manded high prices, and, up till witnin a
brief period, our manufacturing mineral,
and mechanical occupations have largely
pigtaken of the general prosperity.
V A SiTIOSAL LOAN.
We bare possessed all the elements ef ma
terial wealth
in rich abundance,
and yet,
not
withstanding all these advantages, our coun
try, in its monetary interests, is at the present
moment in a deplorable condition. In the
midst of unsurpassed plenty in all the pro
ductions of agriculture and in all the elements
of national wealth, we find our manufactures
suspended, our public works retarded, our
private enterprises of different kinds aban
doned, and thousands of useful laborers
thrown out of employment and reduced to
want. The revenue of the government, which
is chiefly derived from duties on imports
from abroad, haa been greatly reduced,whilst
the appropriations made by Congress at its
lilt session for the current fiscal year are
very large in amount.
Under these circumstances a loan may be
required before the close of your present
session but this, although deeply to be re
gretted, would prove to be only a slight mis
fortune when compared with the suffering
and distress prevailing among the people.—
With this the government cannot fail deeply
to sympathize, though it may bo without the
{tower to extend relief.
THB FINANCIAL RKVCLSION.
is our duty to inquire what has produc
ed such unfortunate results, and whether
their recurrence can be prevented In all
former revulsions the blame might have been
fairly attributed to a variety of co-operating
causes but not so upon the present occasion.
It is apparent that our existing misfortunes
have proceeded solely from our extravagant
and vicious system of paper currency and
bank credits, exciting the people to wild
speculations and gambling in stocks. These
revulsions must continue to recur at suc
cessive intervals so long as the amount of
the paper currency and bank loans and dis
counts of the country shall be left to the
discretion of fourteen hundred irresponsible
banking institutions, which, from the very
law of their nature, will consult the interest
of their stockholders rather than the public
welfare.
CURRENCY AND THS BANKS.
Tho frnmers of the constitution, when they
gnve to Congress the power "to coin money
and to regulate the value thereof," and pro
hibited the states from coining money, emit
ting bills of credit, or making anything but
gold and silver coin a tender in payment of
debts, supposed they had protected the people
against the evils of an excessive and irre
deemable paper currency. They are not re
sponsible for the existing anoimily that a
government, endowed with the sovereign at
tribute of coining money and regulating the
value thereof should have no power to pre
vent others from driving this coin out or the
country and filling up the channels of circu
lation with paper which docs not represent
gold and silver.
It is one of the highest and most responsl
ble duties of government to insure to the
people a sound circuiting medium, the
iimount of which ought to be adapted with
the utmost possible wisdom and skill to the
wants of internal trnde and foreign exchang
es. If this be either greatly above or greatly
below the proper standard, the marketable
value of every man's property is increased
or diminished in the same proportion, and in
justice to individuals as well as incaculablc
evils to the community are the consequence.
Unfortunutely, under the construction of
the federal constitution, which has now pre
vailed too long to be changed, this important
and delicate duty has been dissevered from
the coining power and virtually transferred
to more than fourteen hundred State banks,
acting independently of each other, and reg
ulating their paper issues almost exclusivcly
Vty a regard to the present interest of their
stockholders. Exercising the sovereign pow
er cf providing a paper currency, instead of
coin, for tho countrv, the first .duty which
these banks owe to tfie public is to keep in
their vaults a sufficient amount of gold and
silver to insure the convertibility of their
notes into coin at all times and under all
circumstances.
No bank ought ever to be chartered with
out such restrictions on its business as to se
cure this result. All ot::er restrictions are
comparatively vain. This is the only true
touchstone, tho only efficient regulator of a
paper currency—the only one which can
guard the public against over issues
and bunk
suspensions. As a collateral and eventual
-V
It is truly wonderful that tbsy should have
so long continued to preserve their credit,
when a demand for the paymsatof
panded,
However valuable these securities inav be
in themselves, they cannot be converted into
gold and silver at the moment of pressure,
r-'amfini°
If this proportion was no more than suffi
cient to secure the convertibility of its notes,
with the whole of Great Britain, and to some
extent tho continent of Europe, as a field
for its circulation, rendering it almost im
possible that a sudden and immediate run
to the dangerous amount should be made
upon it, the same proportion would certainly
bo insufficient under our banking system.—
Each of our fourteen hundred banks has but
a limited circumference for its circulation,
and in the courso of a very few days the de
positers and note holders might demand from
such a bank a sufficient amount in specie to
compel it to suspend, even although it had
coin in its vaults equal to one-third of its im
mediate liabilities.
And vet I am not aware, with the excen- Pnnitr...
tion
oi
other DroDortion of cold or i JL
wkhX^moun"
and deposits. What has been the "con",e- ""¥r"ble
b«ks throughout the different States, ac-1 'om"
J85'» the aggregate amount of actual specie i £Tf!
s in the agereeate
thanono dollar in s«v/n nf
It
wae
and
I
one-sev­
enth of their immediate liability would
have driven them into insolvency. And this
is tbe condition of the banks, notwithstand
ing that four hundred millions of gold from
California have flowed in upon us within the
last eight years, and the tide •till continuee
to flow. Indeed, such has been the extrav
agance of bank credits that the banks now
bold a considerably less amount of specie,
either in proportion to their capital, or to
their circulation and deposits oombined, than
they did before the discovery of gold in Cal
ifornia. While in the year 1848 their spe
cie, in proportion to their capital, was more
than equal to one dollar for four and a half,
in 1857 it does not amount to one dollar for
every six dollars and thirty-three cents of
their capital. In the year 1848 the specie
was equal, within a very small fraction, to
one dollar in five of their circulation and de
posits in 1857 it was not eaual to one dol
lar in seven and a half of their circulation
and deposits.
From this statement it is easy to account
for our financial history for the last forty
years. It has boen a history of extravagant
expansions in the business of toe country
followed by ruinous contractions. At suc
cessive intervals the best and most enter
prising men have been tempted to their ruin
by excessive bank loans of mere paper credit,
exciting them to extravagant importations
of foreign goods, wild speculation!, and ru
inous and demoralizing stock gambling.—
When the crisis arrives, as arrive it must,
the banks can extend no relief to the people.
In a vain struggle to redeem their liabilities
in speceic they are compelled ts contract
their loans and their issues and at last, in
the hour of distress, when their assistance
is most needed, they and their debtors to
gether sink into insolvency.
CCRRKNCT AND THE TARIFF.
It is this paper system of extravagant ex
pansion, raising the nominal price of every
article far beyond its real value rhen com
pared with the cost of similar articles in
countries whose circulation is wistly regula
ted, which has prevented us from competing
in our own markets with foreign manufac
turers, has produced extravagant importa
tions, and has counteracted the effect of the
large incidental protection afforded to our
domestic manufacturers by the present rev
enue tariff. But for this, the brunches of
our manufactures composed of raw materi
als, the production of our own country, such
as cotton, iron and woollen fabrics—would
not only hove acquired almost exclusive
possession of the home market, but would
tiave created for themselves a foreign market
throughout the world.
Deplorable, however, as may be our pres
ent financial condition, we may ytt indulge
in bright hopes for the future. So other
nation has ever existed which could have en
dured such violent expansions and contrac
tions of paper credits without lasting injury
yet the buoyancy of youth, the energies of
our population, nnd the spirit which never
quails before difficulties, will enable us soon
to' recover from our present financial em
barrassment, and may even occasion us
speedily to forget the lesson, which they have
taught.
In the meantime it is the duty of the gov
eminent by all proper means within ti. *WQ
power, to aid in alleviating the suffering of
he people occasioned by the suspension of
the banks,and to provide against a incurrence
of the same calamity. I nfortunntely, in ei
ther aspect of the case, it can do but little.
Thanks to the independent treasury, the gov
ernment has not suspended payment, as it
was compelled to do by the failure of the
banks in 1837. It will continue to discharge
its liabilities to the people in gold nnd silver.
Its disbursements in coin will pass iuto cir
culation, and materially assist in restoring a
sound currency. From its high credit, should
we he compelled to make a temporary loan,
it can be effected on advantageous terms.—
This, however, shall, if possible, be avoided
but, if not, then the amount shall be limited
to the lowest practicable suiu. I have there
fore determined that whilst no useful gov
ernment works in progress shall be be sus
pended, new works not already commenced,
will be postponed, if this can be done without
injury to the country. Those necessary for
its defence shall procecd as though there
had been no crisis in our monetary affairs.
XO LEGISLATION ON T1IF. CURRENCV.
security it is doubtless wise, and in all cases i joint stock nnd private bnnks of the kingdom
ought to be required, that banks shall hold would be compelled to follow its example,
au amount of United States or State securi-, [t found, however, as it contracted they ex
tics equal to thoir notes in circulation, and
and at the end of the process, to
pledged for their redemption. This, how- employ the language of a very high official
ever, furnishes no adequate security against
over issues. On tho contrary, it" may be
perverted to inflate the currency. Indeed,
it is possible by this means to convert all the
debts of the United States and State gov
ernments into bank notes, without reference
to the specie required to redeem them.
language
authority, "whatever reduction of the paper
currency in circulation was effected by the
liank of England (in 1825) was more than
made up by the issuos of tho country banks."
as our experience teaches, in sufficient time or control another, their interests must, at
to prevent bank suspension and the depre-1 least in some degree, be antagonistic. But
ciation of bank not«s. In England, which the directors of a Bank of the United States
is to a considerable extent a paper money would feel the same interest and the sam« permitted to exist therein."
.0niir,0WB
,n
3 7'w J. I
wisely separated tho issue of notes from the
banking department, for the Bank of Eng
land always to keep on hand gold and silver
equal to one-third "of its combined circula
tion and deposits.
dnte the!r
an(l
deposits and if they will provide by a self
executing enactment, whicn nothing can ar
rest, that the moment they suspend tnsj
the banks of Louisiana, that anv ',n 7. opinion, possMses the
State bank throughout the Un"on has b££ P°™r
t0
required by it. charter to keep this or ^y IS 'V
elerci,«-
,UB
orK»n,c
lawof
quence? In a recent report made bv the ^Vif' suspension, of specie Ijjjy*
*reasury Department on tne condition of the SV )l Pf.odace "V0.1"1
eaJh
1
palpable, therefore, that
first
pressure must drive
depriy® the people of a convertSle
wncy,
with all its
tbe verv P'!Te.nt
themtosLnen^o?1uf
dissstrou- b«
bank
deHt,h
it°L
cording to returns dated nearest to January, I f*0™
our
7
W°uW Ik
,U
d"'1" *U°h
tl?em
'rOB administer-
T' °f
r"ck,w
Butthis 1 aj, after long andmuoh reflec
tion} if experienoe shall prove it to be im
possible to enjoy tho facilities whioh well
regulated banks might afford, without at the
same time suffering the ealamity which the
exeeasss of the bants have hitherto inflioted
upon the oountry, it would then be far the
leeeor evil to deprive them altogether of the
power to issue a paper currency, and to
to tho functions of beaks of
deposit, ud discount.
Farcif* lUlatlM*. "''V'.'
Our relations with foreign governments
are, upon the whole,in a satisfactory condi
tion.
CTSAT BRITAIN.
The diplomatic diAcuities which existed
between the government of the United
States and that of Great Britain, at the ad
journment of the last Congress, have been
happily terminated by the appointment of a
British ministry to this country, who has
been cordially received.
Whilst it is greatly to the interest, as 1
am convineed it is the sincere desire, of the
governments and the people of the two coun
tries to be on terms of intimate friendship
with each other, it has been our misfortune
almost always to have had some irritating, if
not dangerous, outstanding question with
Great Britain.
THS CLAYTON AND BCLWIR TRRATT.
Since the origin of the Government we
have been employed in negotiating the trea
tiee with that power, and afterwards in dis
cussing their true intent and meaning. In
this respect, tbe convention of April 19,1850,
commonly called the Clayton and Bulwer
treaty, has been the most unfortunate of
all because the two governments place di
rectly opposite and contradictory construc
tions upon its first and most important arti
cle. Whilst, in the United States, we be
lieved that this treaty would place both
Kwersthat
upon an exact equality by the stipu
ion neither will ever "occupy, or
fortifv, or colonize, or assume, or exeroise
any dominion" over any part of Central
America, it is contended bv the British Gov
ernment that the true construction of this
language has left them in the rightful pos
session of all portions of Central Amerioa
which was in their occupancy at the date of
the treaty in fact, that the treaty is a vir
tual recognition on the part of the United
States of the right of Great Britain, either
as owner or protector, to the whole cxten-,
sive coast of Central America, sweeping
round from the Rio Hondo to the port and
harbor of San Juan de Nicaragua, together
with the adjacent Bay Isands, except the
comparatively small portion of this between
the Sarstoons and Cape Honduras.
According to their construction, the treaty
does no more than simply prohibit them
from extending their possessions into Cen
tral America beyond the present limits. It
is not too much to assert, that if in the Uni
ted States the treaty had been considered
susceptible of such a construction, it never
would have been negotiated under the au
thority of the president, nor would it have
received the approbation of the Senate.—
The universal conviction in the United States
was, that when our government consented
to violate its traditional and time honored
policy, and to stipulate with a foreign gov-
continent the con,iderPation for
thig gacrifioe w|lg th'at
D0sIti0n wfth aurnelven_
But the federal government cannot do fied by me on the 12th of March, 1857, and
much to provide against a recurrence of ex- was transmitted to London for ratification
isting evils. Even if insurmountable Con- by the British government.
stitutional objections did not exist against That government expressed its willingness
the creation of a National Bunk, this would to concur in all the amendments made by the our citizens against the Spanish government,
furnish no adequate security. The history Senate with tbe single exoeption of the Besides, the outrage committed on our flag
of the last Bank of the United States iibun- clause relating to Ruatan and the other isl
dantly proves the truth of this assertion.— ands in the Bay of Honduras. The article
Such a Bank could not, if it would regulate
i
In 1825 an effort was made by the Bank
of England to curtail the issues of the coun
try Banks under the most favorable circum
stances. The paper currency had been ex
panded to a ruinous extent, and tbe Bank
put forth all its power to contract in order
to reduce prices and restore tho equilibrium
of the foreigo exchanges. It accordingly
commenced a system of curtailment of its
in the original treaty, as submitted to the
the issues and credits of fourteen hundred Senate, after reoitin& that these islands and and detaining and searching her, remains
State Banks in such a manner as to prevent their inhabitants "having been by a con
the ruinous expansions and contractions in vention bearing date the 2 th day of August,
our currency which afflicted the country
throughout the existence of the late Bank,
or securc us against future sespensions.
1856, between Her Britannio Majesty and
the Republic of Honduras, constituted and
declared a free territory under the sover
eignty of the said repuolic of Honduras,"
stipulated that "the two contracting parties
do hereby mutually engage to recognize and
respect in all future time the independence
ana right of the said free territory as a part
of the republic of Honduras."
But a liank of the United States would I duras of the taxing power in every form,, __
not, if it could, restrain the issues and loans and exempted the people of tho islands from troaty with Spain of tfie 27th October,
1795,
of the State Banks, because its duty as reg- the performance of military duty except
rect conflict with the interests of its stock- prohibited that republic from erecting forti
I i S
holders. If we expect one agent to restrain
I inclination with the directors of the State Had Honduras ratified this convention,
aLj Fflanaiif _a uuv^nuis vi *UD IlMi Ill/llUUral llltlllvU WII9 vvllVtJIltll/IJ} vivlllWljf"'! At v
cms respect, it was^ deemed advisable, ante- Banks to expand the currency, to accommo- she would have ratified the establishment of June, 1857, and the treaty was proclaimed
1 .nCI °i.i
shall
go into liquidation, I believe that suoo pro
visions, with a weekly publication by each
bank of a statement of its conditions, would
go far to secure us against future suspen
sions of specie-payments.
pass a umform bankrupt law appli-
mt
A l\at\ont
th«
^rouglout
United States, and I strongly recom-
it,
•P*50"
cur* i k7 *xtrV,8"?t lo»«s and issuee, they
with
advantage to the
favorites and friends with loans, a state substantially independent within her by the President on the l'8th August, 1857.
a state substantially independent within her
and to declare large dividends. Such has i own limits, and a state at all times subject to
been our experience in regard to the last i British influence and control. Moreover,
bank. had the United States ratified the treaty with
After all, we must mainly rely upon the Great Britain in its original form, we should tivate friendly relations with our country,
patriotism and wisdom of the Statee for the have been bound "to recognize and respect and has expressed a strong wish that we
P™ve2j'°y
redress of the evil, if they in all future time" these stimulations, to the should be represented at Teheran by a min
ister plenipotentiary and I recommend that
an appropriation be made for this purpose.
will afford us a real specie basis for our spe- I prejudice of Honduras. Being in direct
cie circulation by increasing the denouiina- opposition to the spirit and meaning of the
tion of bank notes, first to twenty, and after- Clayton and Bulwer treaty as understood in
wards to fifty dollars if they will require the United States, the Senate rejected the
that the bauks shall at all times keep on hand entire clause, and substituted in its stead a
at least one dollar of gold and silver for simple recognition of the sovereign right of
every three dollars of their circulation and Honduras to these islands in the following view to the security and extension of our
•. language "The two contracting parties do commerce. The 24th article of the treaty
hereby mutually engage to recognizo and stipulated for a revision of it, in case expo
respect the islands of Ruatan, Bonaco, Util- rience should prove this to be requisite "in
la, Barbarretta, Helena, and Moral, situated which case the two governments will, at the
in the Bay ef Honduras, and off the coast of expiration of twelve yeare from the date of
tbe republic of Honduras, as under the sov- said convention, treat amicably concerning
ereignty and as part of the said republic of
Honduras."
tj,.
BANKRUPT LAW
Great Britain rejected this amendment
assigning as tho only reason, that tho rati
fications of tho convention of the 27th Au
gust, 1856, between her and Honduras, had
nOt a.
."N1'" wouldmakeit the ofthat government.»Ilid this been done, er of the" United States" to effect theee
irr»wo...ki« 1-— »f mw. ,s (tated that "Her Majeety's government changes.
would have had little difficulty in agreeing Another effort was about to bo made for
to the. modification proposed by the Senate, the same purpose by our commissioner, in
which would then haa, in effect, tbe same coi.junction with the Ministers of England
signification as the original wording."— and France, but this was suspended by tbe
and preserve Whether this would have been the effect, occurrence of hostilities in the Canton river
whether the mere circumstance of the ex- between Great Britain and the Chinese Em-
Tbe existence of banks and the circulation change of the ratifications of the British pire. These hostilities have necessarily in-
$230,351,352.' TbiiiTlt811 fP? of bank paper are so identified with the hab- convention with Honduras, prior in point of terrupted the trade of all nations with Can
Kanirl »ppe*r» tnat these its of our ne« ... I ..
banks in the
less
silver compared with their ci^Lfr 'W to the country, if we "the same signification as the original word- and property. Meanwhile, the insurrection' steamer engaged in a scientific eaterprise.
deposits. rouiasioa aaui0ould continue them to their appropriate in -,"
and thus have annulled the amendment within the empire against the existing im- intended for the advantage of commercial
—J of the Senate, may well be doubted. It is, perial dynasty still continues, and it is difl
perhaps, fortunate that tho question has cult to anticipate what will be tbe result.
neverarisen.
aatage to tho Tbe British government, immediately *f
flMIMtyaaaaeMMtpropMMd
PUBLISHED EVERY SATURDAY MORNING, BY MAYNARD & LONG. OFFICE, NO. 1 PALMER'S BLOCK, THtJU) SltSTY, COUNCIL BLUF*8, fOWfc.
COUNCIL BLUFFS, SATURDAY, DECEMBER 26, 1857.
to outer into a new treaty with the United
States, similar in all respects to tho treaty
which they bad just refused to ratify, if the
United States would consent to add to the
Senate's clear and unqualified recognition
of the sovereignty of Honduras over the
Bay Islands the following conditional stipu
lation: "Whenever ana so soon as the re
public of Honduras shall have concluded
and ratified a treaty with Great Britain by
which Great Britan shall have csded, and
there public of Honduras shall have accepted,
the said islands, subject to the provisions
and conditions contained in such treaty."
This proposition was, of coarse, rejected.
After the Senate had refused to recognise
the British convention with Honduras of the
27th August, 1856, with full knowledge of
might
future convention between the same parties,
to sanction them in advance.
The fact is that when two nations like
Great Britain and the United States, mutu
ally desirous, as they are, and 1 trust ever
may be, of maintaining the most friendly
relations with each other, have unfortunate
ly concluded a treaty which they understand
in senses directly opposite, the wisest course
is to abrogate such a treaty by mutual con
sent, asa to commence anew. Had this
been done promptly, all difficulties in Cen
tral America would most probably ere this
have been adjusted to the satisfaction of
both parties. Tbe time spent in discussing
tbe meaning of the Clayton and Bulwer
treaty would have been devoted to this
praiseworthy purpose, and the task would
Lave been the more easily accomplished be
cause the interest of the two countries in
Central America is identical, being confined
to securing safe transit over all the routes
across the Isthmus.
Whilst entertaining these sentiments, 1
shall nevertheless not refuse to contribute
to any reasonable adjustment of the Central
American question which is not practically
inconsistent with the American interpreta
tion of the treaty. Overtures for this pur
pose have been recently made by the British
government in a friendly spirit, which 1 cor
dially reciprocate but whether this ronewed
effort will result in success, I am not yet
prepared to express an opinion. A brief
period will determine.
FRANCC.
With France our ancient relations of
friendship still continue to eSist. The
French government have in several recent
instances, which need not be enumerated,
evinced a spirit of good will and kindness
towards our country which 1 heartily recip
rocate. It is, notwithstanding, much to be
regretted that two nations whose produc
tions are of such a character as to invite
the most extensive exchanges and freest
commcrcial intercourse, should continue to
enforce ancient and obsolete restrictions of
trade against each other. Our commercial
treaty with France is in this respect an ex
ception from our treaties with all other
commercial nations. It jealously levies dis
criminating duties both on tonnage and on
articles, the growth, produce, or manufac
ture of the one country when arriving in
vessels belonging to the other.
More than forty years ago, on the 3d of
March, 1815, Congress passed an act offer
ing to all nations to admit their vessels laden
with their national productions into the Uni
ted States upon the same terms with our
own vessels, provided they would recipro
cate to us similar advantages. This act
confined the reciprocity to the productions
of the respective foreign nations who might
enter into the proposed arrangement with
United States. Tne act of May 24, 1828,
removed this restriction, and offered a simi
lar reciprocity to all such vessels without
reference to tfle origin of their cargoes.—
Upon these principles, our commercial trea
tise and arrangements have been founded,
except with France and let us hope that the
exception may not long exist.
,d
thif atl beplaced inthe
same
Whil.t .« h„«
position with ourselves. Whilst we have no
right to doubt the sincerity of the British
government in their construction of the
treaty, it is at the same time my deliberate
conviction that this construction is in op
position both to its letter and its spirit.
Under the late administration, negotia
tions were instituted between the two gov
ernments for the purpose, if possible, of
removing these difficulties and a treaty
having this laudable object in view wits
signed at London on the 17th of October,
lSot), and was submitted by the President
to the Senate on the following 10th Decem
ber.
RUSSIA.
Our relations with Kussia remain, as they
have ever been, on the most friendly footing.
Whether this treaty, either in its original The present Emperor, as well as his prede
or amended form, would have accomplished i cessors, have never failed, when the occasion
the object intended without giving birth to offered to manifest their good will to our
new and embarrassing complications be- country and their friendship has always been
tween the two governments, may perhaps be highly appreciated by tbe government and
well questioned. Certain it is, however, it people of the United States.
was rendered much less objectionable by
the different amendments made to it by the
Senate. The treaty, as amended, was rati-
With all other European governments, ex
cept that of Spain, our relations are as peace
ful as wc could desire. I regret to say that
no progress whatever has been made, since
the adjournment of Congress, towards the
settlement of any of the numerous claims of
by the Spanish war frigate Ferrolana on the
high seas, off the coast of Cuba, in March,
1855, by firing into the steamer El Dorado,
unacknowledged and unredressed. Tbe gen
eral tone and temper of the Spanish govern
ment towards that of the United States are
much to be regretted.
Our present envoy extraordinary and min
ister plenipotentiary to Madrid has asked to
be recalled and it is my purpose to send
out a new minister to Spain, with special in
structions on all questions pending between
the two governments, and with a determin
ation to have them speedily and amicably ad
justed, if this be possible. In the meantime,
Upon an examination of this convention
between Great Britain and Honduras of the whenever our minister urges tho just claims
27th August, 1856, it was found that, while of our citizens on the notice of the Spanish
loans and issues, in the vain hope that the declaring the Bay Islands to be a "free ter- government, it is met with the objection that
1
ritory under the sovereignty of the republic I Congress has never made the appropriation
of Honduras," it deprived that repubiio of recommended by President Polk in his an
rights without which its sovereignty over
them would scarcely be said to exist. It di
vided them from the remainder of Honduras,
and gave to their inhabitants a separate gov
ernment of their own, with legislative, exec
utive and judicial officers, elected by them
selves. It deprived the government of Hon-
nual message of December, 1847, "to be
paid to the Spanish government for the pur
pose of distribution among the claimants in
the Amistad case." A similar reccommen
dation waa made by my immediate predeces
sor, in his message of December, 1853 and
entirely concurring with both in the opinion
that this indemnity is justly due under the
i
ulator of the currency must often be in di- for their own exclusive defence. It also tion to the favorable consideration of Con
gress.
TCRKKT.
A.
hcations upon them for their protection—
thus leaving them open to invasion from
any quarter and finally, it provided "that
slavery shall not at any time hereafter be
I earnestly recommend such an appropria-
A treaty of friendship and commerce was
concluded at Constantinople on the 13th of
December, 1856, between the United States
and Persia, the ratifications of which were
exchanged at Constatinople on the 13th of
"ll8lnllilOpi" Oil 1116 XOlil OI
by the President on the 18th August, 1857.
This treaty, it is believed, will ptove benefi
cial to the American commerce. The Shah
has manifested an earnest disposition to cul
CHINA*
Becent occurrences in China have been un
favorable to a revision of the treaty with
that empire of the 3d July, 1844, with
tho same, by means of suitable persons ap
pointed to conduet such negotiations."—
These twelve years expired on the 3d of
July, 1856 but long before that period, it
was ascertained that important changes in
the treaty were neecssary and several fruit-
een exchanged, owing to the hesitation less attempte were made by the commission
that they cannot at this time to the ratification of our treaty with ton, whioh is now in a state of blockade, Bat the Water Witch was not properly
be suddenly abolished without much Great Britain, would, "in effect," have had and have occasioned a serious loss of life speaking, a vessel of war. She was a smail
Under these circumstantees, 1 bave deem
ed it advisable to appoint a distinguished
oltljicn
it
tf -***U
and Minister Plenipotentiary to proceed to
China and avail himself of any opportunities
whioh may offer, to effect changes inthe ex
isting treaty, favorable to Americas eom
meroe. He left tbe United States for tho
place of his destination hi July last, in the
steamer BQnesota. Spoeial Ministers to
China hare also boen appointed by the gov
ernments of Great Britain and Franco.
Whilst our (sinister has been instructed
to occupy a neutral position in reference to
the existing hostilities at Canton, he will
cordially co-operate with the British and
French ministers in all peaccfull measures
to secure, by treaty stipulations, those just
concessions to commerce which the nations
of the world have a right to expect and
which China can not long be permitted to
withhold. From assurances received, I en
tertain no doubt that the three ministers
will act in harmonions concert to obtain
similar commercial treaties for each of the
powers they represent.
BRAZIL.
We eannot fail to teel a deep interest in
all that concerns the welfare of the inde
pendent republics on our own continent, as
well as of the empire of Brazil.
HIT GRENADA.
Our difficulties with New Grenada, which
a short time since bore so threatening an
aspect, are, it is to be hoped,
in a fair train of
settlement in a manner just and honorable
to both parties.
CXNTRAL AJIHICA.
The Isthmus of Central America, including
that of Panama, is the great highway be
tween tbe Atlantic and Pacific, over which
a large portion of the commerce of the
Under these circumstances, I recommend
to Congress the passage of an act authoriz
ing the President, in case of necessity, to
employ the land and naval forces of the
United States to carry into effect this guar
antee of neutrality and protection. 1 also
recommend similar legislation for the secu
rity of any other route across the isthmus in
which we may acquire an interest by treaty.
riLLIBUSTERS.
With the independent republics on this
continent it is both our duty and our inter
est to cultivate the most friendly relations.
We can never frel indifferent to their fate,
and must always rejoice in their prosperity.
Unfortunately, both for them and for us,
our example and advice have lost much of
their influence in consequence of the law
less expeditions which have been fitted out
against some of them within the limits of
of our country. Nothing is better calcula
ted to retard our steady, material progress,
or impair our character as a nation, than
the toleration of such enterprises in viola
tion of the law of nations.
It is one of the first and highest duties of
any independent State, in its relations with
the members of the great family of nations,
to restrain its people from acts of hostile
aggression against their citizens or sub
lects. The most eminent writers on public
aw do not hesitate to denounce such hostile
acts as robbery and murder.
Weak and feeble States, like those of Cen
tral America, may not feel themselves able
They have prevented peaceful emigration
from the United States to tbe States of Cen
tral America, which cannot fail to prove
highly beneficial to all parties concerned.—
In a pecuniary point of view alone, our citi
zens must have sustained heavy losses from
the seizure and closing of tho transit route
by the San Juan between the two oceans.
The leader of the recent expedition wae
arrested at New Orleans, but was discharg
ed on giving bail for his appearance in the
insufficient sum of two thousand dollars.
I commend the whole subject to the se
rious attention of Congress, believing that
our duty nnd our interest, as well as our na
tional character, require that we should
adopt such measures as will be effectual in
restraining our citizens from committing
such outragee.
FARAOCAT.
I regret to inform you that the President
of Paraguay has refused to ratify tbe treaty
between the' United States and that State,
as amended by the Senate, the signature of
which was mentioned in the message of my
predecessor to Congress at the opening of
its session in December, 1853. Tnereasons
assigned for this refusal appear in the cor
respondence herewith submitted.
It being desirable to ascertain the fitness
of the river La Plata and its tributaries for
navigation by steam, the United Statee
steamer Water Witch was sent thither for
that purpose in 1853. This enterprise was
successfully enrried on until February, 1855
when, whilst in thepcaceful prosecution of
her voyage up the Panama river, the steam
er was fired upon by a Paraguayan fort.—
The firs was returned but as the Water
WHS
PoBsytvaBts Envoy Extraordinary
made was a decree of the Presi­
dent of Paraguay, of October, 1854, pro
hibiting foreign vessels of war from tori
gating the rivers of that State.
1
intended for the advantage ef eommei
8tates generally. Under theee eireamstaa
ees, I am constrained to consider the at
tack upon her as unjustifiable, aad as call
ing for satisfactioa from the
goieiuim. CttSteos of On United
Paraguayan
isiaJ Ttmi
also* who were establish!* in busineee in
take* fms them aad km stnsiwiss bee*
treated by the aathsiltfis hi mm moulting
aad arbitrary ma—or, which requires re
dreoe.
A de—J for theee purposes will be mads
in a firm, bat conciliatory spirit. This will
tho more probably begmndted if tho Execu
tive shall have authority to uee other means
in the event of a refusal. Thb is accord
ingly reoommended.
KANSAS.
It is unnecessary to state la detail, tho
alarming condition of the Territory of Kan
sas nt the time of my inauguration. The
opposing partiss then stood in hostile
Congress declared it to be "the true in
tent and meaning of this act not to legislate
slavenr into any Territory or State, nor to
exclnde it therefrom, but to leave the peo
ple therefrom perfectly free to form and
regulate their domestic institutions in their
own way." Under it Kansas, "when ad
mitted as a State," was to "be received into
the Union," with or without slavery, as their
Constitution may prescribe at the time of
their admission.
Did Congress mean by this language that
the delegates elected to frame a constitution
should have authority finally to decide the
question of slavery, or did they intend by
leaving it to the people that the people of
Kansas themselves should decide this ques
tion by a direct vote? On this subject, I
confess I had never entertained a serious
doubt, and, therefore, in my instructions to
Governor Walker on the 28th of March last,
I merely said that when "a constitution
shall be submitted to the people of that ter
ritory, they must be protected in tho exer
cise of their right of voting for or against
that instrument, and the fair expreesion of
the popular will must not be interrupted by
fraud or violenoe."
In expressing this opinion, it was far from
my intention to interfere with the decision
of the people of Kansas, either for or against
slavery, rrom this 1 have always carefully
abstained. In trusted with the duty of taking
"care that the laws be faithfully executed,"
my only desire was that the people of Kansas
to assert and vindicate their rights. The should furnish to Congress the evidence re
case would be far different if expeditions
i
to make private war against a powerful na
tion. If such expeditions were fitted out
from abroad against any portion of our own
country, to burn down our cities, murder
and plunder our people, and usurp our gov
ernment, we should call any power on earth
to the strictest account for not preventing
such enormities.
Ever since the administration of General
Washington, acts of Congress have been in
force to punisb severely the crime of sett
ing on foot a military expedition within the
limits of the United States, to proceed
from thence against a nation or State with
When it was first rendered probable that
an attempt would be made to get up another
unlawful expedition against Nicaragua, the
Secretary or the State issued instructions
to the Marshals and district
attorneys, which
were directed by the Secretaries of War
and the Navy to the appropriate army and
navy officers, requiring them to be vigilant
and to use their best exertions in carrying
into effect the act of 1818. Notwithstand
ing these precautions, the expedition has
escaped from our shores. Such enterprises
can do no possible good to the country, but
have alreaay inflicted much injury, both on
its interest nnd its character.
quired by ihe organic act, whether for or
were set on foot within our own territories against slavery, and in this manner smooth
their passage into tbe Union. In emerging
from the condition of territorial dependence
into that of a sovereign State, it was their
duty, in my opinion, to make known their
will by tho votes of the majority, on the di
rect question whether this important domes
tic institution should or should not continue
to exist. Indeed, this was the only possible
mode in which their will could be authenti
cally ascertained.
The election of delegates to a convention
must necessarily take place in separate dis
tricts. From this cause it may readily hap
pen as has often been the case, that a ma-
whom we are at peace. The present neu- jority of the people of a State or Territory
trality act ot April 20th, 1818, is but little
more than a collection of pre-existing laws.
Under this act, the President is empowered
to employ the land and naval forces and the
militia "for the purpose of preventing the
carrying on of any such expedition or enter
prise from the territories and jurisdiction
of the United States," and the collectors of
customs are authorized and required to de
tain any vessel in port when there is reason
to believe she is about to take part in such
lawless enterprise.
are on one side of a question, whilst a ma
jority of the representatives from the sever
al districts into which it is divided may be
upon the other side. This arises from the
fact that in some districts delegates may be
be elected by small majorities, whilst in oth
er those of different sentiments may receive
majorities sufficiently great not only to over
come the votes given for the former, but to
leave a majority of the whole people in di
rect opposition to a majority of the dele
gates. Besides, our history proves that in
How vain would any other principle prove
in practice! This may be illustrated by the
case of Kansas. Should she be admitted in
to the Union, with a constitution either
maintaining or abolishing slavery, against
the sentiment of the people, this could hava
no other effect than to continue and to ex
asperate the existing agitation during the
brief period required to make the constitu
tion conform to the irresistible will of the
majority.
The friends and supporters of tbe Nebras
ka and Kansas act, when struggling on a
recent occasion to sustain its wise provis
ions before the great tribunal of the Ameri
can people, never differed about its true
meaning on this subject. Everywhere
throughout the Union, they publicly pledged
their faith and their honor that they would
cheerfully submit the question of slavery to
the decision of the bona fide people of Kan
sas, without any restriction or qualification
whatever. All were cordially united upon
the great doctrine of popular sovereignty,
whicn is the vital principle of our free in
stitutions. Had it then been insinuated
from any quarter that it would be a sufficient
compliance with the requisitions of the
orgauio law for the members of a conven
tion, thereafter to be elected, to withhold
the question of slavery from tbe people,
and to substitute their own will for that of
a legally ascertained majority of all their
constituents, this would bare been instantly
rejeoted. Everywhere they remained true to
the resolution adopted oa a celebrated occa
sion recognizing "the right of the people of
all the Territories—including Kansas and
Nebraska—acting through the legally and
fairly expressed will of a majority of actual
residents, aad whenever the numner of their
Witch was of small force, and not designed' inhabitants justifies it, to form a constita
..... with or without slavery, and be admit*
for offensive operations, sbe retired from the
contlict. The pretext upon which the at*
tack
ted iato the Union upon terms of perfect
equality with the other States."
1
As Paraguay, howerer, was the owner of i virtae of an aot of'the territorial legislature,
but one bank of the river of that name, the: whose lawful existence had been recognised
other belonging to Corrientes, a state of the by Congreess in different forme aad by dif-
Argentine Confederation, the right of its
government to expect that such a decree
would be obeyed, cannot be acknowledged.
thoMbtai ifalMWy.VlMlMth to, that tho
stiftioas aia so fhribr aS^lawsMtis
exoellmit-tfaat tho difosass botwssa thim it
not esssatlst gfcW tho ntBor raotlei of
tho |uiintiwl) W ecastitutioa flfamsd by
tho ooar cation of a territory preparatory to
it# admissioa iatatha Union as a State Md
been submitted aato tho people.- I trust,
however, tho example set by tho last
Congress requiring that tho ooaatttetioaof
Mianssota "shouM bo subioot to tho aww
val aad ratification of tho people of the
proposed State," may bo followed on fu
ture occaeions. I took it for araated that
the conveotioa of Kansas wiwU aist in a*
cordanoe with this example, founded, as it
is, oa correct principles and hence my ia
structioas to Gov. Walker, ia favor of sub
mitting the constitution to the poople, wore
expressed in general aad unqualified tonus.
uttmj
against saeh other, and an accident saight
have relighted the lames of civil war. Be
sides, nt this critical moment, Kaneas waa
left without a Governor by tho resignation
of Gor. Geary.
On tho 19th of February previous, the
Territorial Legislature had passed a law
providing for the election of delegates on
the third Monday of June to a convention
to meet on tbe first Monday of September,
for the purpoee of framing a Ceaetitution,
preparatory to admission into tbe Union.—
This law was, in the main, fair and just: and
it is to be regretted that all the qualified
electors had not registered themselves, and
voted under its provisions.
At tbe time of the election for delegates,
an sxtensive organization existed in tbe
Territory, whose avowed object it was, if
need be, to put down tho lawful government
by force, and to establish a government of
l"oir
own under the so-called Topeka Con-
world is destined to pass. The United States stitution. The persons attached to this
are more deeply interested than any other
nation in preeerving the freedom and secu
rity of all the communications across this
Istnmus. It is our duty, therefore, to take
care that they shall not be interrupted either
by invasion from our own country or by war
between the independent States of Central
America. Under our treaty with New Gren
ada of the 12th December, 1846, we are
bound to guarantee the neutrality of the
Isthmus of Panama, through which the Pan
ama railroad passes, ''as well as the rights
of sovereignty and property which New
Grenada has and possesses over the said
Territory." This obligation is founded up
on equivalents granted by the treaty to tne
Government and people of the United
States.
revolutionary organisation abetained froi
taking any psrt in tbe election.
The act of tbe territorial legislature had
omitted to provida for submitting to tbe
people the Constitution which might be
framed by the Convention, and in the excit
ed state of public feeling throughout Kan
sas an apprehension extensively prevailed
that a design existed to force upon them a
constitution in relation to slavery against
their will. In this emergency, it became
my duty, as it was my unquestionable right,
having in view the union of all good citizens
in support of the territorial laws, to express
an opinion on the true^construetion of the
provision concerning slavery contained in
the Organic Act oi Congress of the 30th
May, 1854.
In the Kansas Nebraska aot, however,
this requiresscBt, as applicable to the whole
Constitution, had not beea inserted) aad the
Convention were aot bound bv its terms to
submit any other portion of tne instrument
to an election, except that which relates to
the "domestic institution" of slavery. This
will be rendered elear by a simple rsferenee
to its language. It was "not to legislate
slavsn iato any Territory or State, nor to
ezolude it therefrom, but to leave the peo
pie thereof perfectly free to form aad regu
late their domestic institutions in their own
way." According to the plain construction
of the sentence, the words "domestic insti
tutions" have a direct as they have an ap
propriate reference to slavery. "Domestic
institutions" are limited to the family.—
The relation betweea master and slave aad
a few others are "domestic institutions" aad
are entirely distinct from institutions of a
political character. Besides, there was no
question thai before Congress, nor indeed
has there since been any serious question
before the people of Kansas or the country,
except that wnich relates to the "domestic
institution" of slavery.
The convention, aner an excited snd an
gry debate, finally determined, by a majority
of only two, to sabinit the question of slav
ery to tbe people, though at tbe last forty
three of the firtv delegates present affixed
their signatures to the constitution.
A large majority of the convention were
in favor of establishing slavery in Kansas.
They accordingly inserted an article in the
constitution for this purpose similar in form
to those which had been adopted by other
territorial conventions. In the schedule,
however, providing for the transition from
a territorial to a state government, the ques
tion has been fairly and explicitly referred
to tbe people, whether they will have a con
stitution "with or without slavery." It de
clares that, before the constitution adopted
by the convention "shall be sent to Congress
for admission into tho Union as a State,"
an election shall be held to decide this ques
tion, at which all the white male inhabitants
of the territory above the age of 21 are en
titled to vote. They are to vote by ballot
and "the ballots cast at said election shall be
endorsed. 'Constitution with slavery,' and
'Constitution with no slavery.' If there
be a majority in favor of the "Constitution
with slavery," then it is to be transmitted
to Congress by the President of the conven
tion in its original form. If, on the con
trary, there shall be a majority in favor of
tbe 'Constitution with no slavery,' "then
the article providing for slavery shall be
stricken from the Constitution by tbe Presi
dent of this convention and it is express
ly declared that "ae slavery shall exist in
tbe State of Kansas, except that the right
of property in slaves now in the Territory
shall in no manner be interfered with and
in that event it is made his duty to have the
Constitution thus ratified, transmitted to
the Congress of the United States for the ad
mission of the State into the Union.
At this election every citizen will have an
opportunity of expressing his opinion by bis
vote whether Kansas shall be received into
the Union with or without slavery," and
thus this exciting question may be peaceful
ly settled in the very mode required by the
organic law. The election will be held un
der tbe legitimate authority, and if any por
tion of tbe inhabitants shall refuse to vote,
a fair opportunity to do so having been pre
sented, this will be their own voluntary act,
and they alone will be responsible for tbe
consequence.
Whether Ksnsas shall be a Free or Slave
State, must eventually, under aome author
ity, be decidcd by an election and the ques
tion can never be more clearly or distinctly
presented to the people than it is at the
present moment. Should this opportunity
be rejected, she may be involved for years
in domestic discord, and possibly in civil
war, before she can again make up the issue
so fortunately tendered, and again reach the
point she has already attained.
Kansas has for some years occupied too
much of the public attention. It is high
time this should be directed to fsr more im
portant objects. When once admitted into
the Union, whether with or without slavery,
the excitement beyond her own limits will
spedily pass away, and she will then for the
fluence may be brought to bear on the repre- first time be left, as she ought to have been
i long since, to manage her own affairs in her
own way. If her constitution on the sub
ject of slavery, or on any other subject, be
displeasing to a majority of tbe people, no
human power can prevent them from chang
ing it witnin a brief period. Under these
circumstances, it may well be questioned
whether the peace and quiet of the whole
country is not of greater importance than tbe
mere temporary triumph of either of tbe po
litical parties in Kansas.
sentati re sufficiently powerful to induce him
to disregard the will of his constituents.—
The truth is, that no other authentic and
satisfactory mode exists of ascertaining tbe
will of the people of any State or Territory
on an important and exciting question like
that of slavery in Kansas, except leaving it
to a direct vote. How wise was it then for
Congress to pass over all subordinate and
intermediate agencies, and proceed directly
to the source of all legitimate power under
our institutions.
Should the Constitution without slavery
bs adopted by the votes of the majority, the
rights of property in slaves uow in the terri
tory are preserved. The number of these is
very small but if it were greater the pro
vision would be equally just and reason
able. These slaves wero brought into the
Territory under the Constitution of the Uni
ted States, and are now the property of
their masters. This point has at length
been finally decided by the highest judiciary
tribunal of the country—and this upon th'e
plain principle that when a confederacy of
sovereign States acquire a new Territory
at their joint expense, both equality and
justice demand that the citizens of one and
all of them shall have tbe right to take into
it whatsoever is recognised as property by
the common Constitution. To bave sum
marily confiscated the property in slaves
already in the Tehitory, would have been
an aot of gross injustice, and contnury to
tbe praotice of the older Statee of tbel/niea
which bave abolished slavery.
VTAH TiaajToir.
A territorial government was established
for Utah by an act of Congress, approved
the 9th of September, 1850, and the Con
stitution and laws of the United State* were
thereby extended over it "so far as the same
or any other provisions thereof may be ap
plicablej" Tbis act provided for "the ap
pointment by the President, by and with the
advice and consent of the Senate, of a Gov
ernor, who was to be ex-oScio Superinten
dent of Indian Affairs, a Secretory, three
Judges of the Supreme Court, a Marshal,
and a District Attorney. Subsequent sets
provided for the appointment of ofioers nec
eessary to extend oar laad and our Indian
systems ovsr the Territory. Brigham Youag
was appointed the first Governor, oa the
20th of September, 1850, aad has held the
eSee ever siace. Whilst Governor Young
hae beea both Governor Mid Soperiatsndent
of Indian Affiurs throughout 'hw period, he
The convention to frame a constitution has at the same time been at the head of the
for Kansas met on the first Monday of Sep-: Church called the Latter-Day-Saints, and
e -J
last- Theywere called together by professes to govern iu members and dispose
"of their property by direct inspiration and
authority from the Almighty. His power
has been, therefore, absolute over both
ferent enactments. A large proportion of the
eitisene of Kaasas did not think proper to
register their namee aad to rote at tbe dec
tioafer delegates bat aa epawtunily to do
this haviag beea fairiy affsraed, their refu
sal to
avail tbemoelrec of thsir right could ia
Church aad State.
The people of Vtah, almost exclusively
belong ta ibis ebwch, and, believing with a
faaatieal spirit that hs is Governor of the
Twritofy
By
divine appoiatmeat, they obey
bis eossmands as if theee were direct rave
M«a» froa Beaten. If, tbetefare, he
looses that his government si«B sosae into
wihaian with the Gorermnentaf the (hated
States, the members of theJformoa Cbatoh
ao manner effect the legality of the
tion.
Tbis convention prasssdsd to frame k
eanetitation far Kansas and finally adjourn
ed oa the 7th day ef November. Bat little dif- JJ^l j*^di*plicit obedience to his will*—^
oWortanatefy, existiag facti lent# littltf
U A i n O 3
-,W^ *m»
dU
|8 00 PER
,#r
There is reason to believe that Governor
Young has long contemplate* this resale—
lis snows that the continuance of bis dss'
potic power depends epon the exclusion of
all settlers from tbe Territory, except those
*ho will acknowledge his dirine Mission and
implicitly obeys his will and that ansalight.
ened public opinion then would soon proc
trate institutions at war with the laws of both
God and man. He has, therefore, for set'
eral years, in order to maintain nis inde
pendence, been industriously employed in
collecting and fabricating anus moni
tions of war, and disciplining tbe Mormoae
for_military service. As Superintendent of
Indian Affairs, he bos bad an opportunity of
tampering with the ladian tribee, aad exci
ting their hoetile feelings against the United'
States. This, according to our informatioar
he has accomplished in regard to some of
these tribes, whilo others hare remained
true to their allegiance, and have communi
cated bis intrigues to our Indian agents. He
has laid in a store of provisions for three
?ormedwhich
ears, in case of necessity, as he in
Major Van Tleit, he will conceal,
"and then take to the mountaine, and bid
defiance to all the powers of the gorsm
ment."
A great part of this may be idle beastuar
but yet no wise government will lightly es
timate tbe efforts which may be inspirad br
such freasied fanaticism as exists amonc
the Mormons in Utah. This is the first re
bellion which has existed in our Territories:
and humanity itself requires that we should
put it down in such a manner that it shall be
the last. To trifle with it would betae^
courage it and to render it formidable. We
ought to go there with such aa imposing
force ss to convince these deluded people
that resistance would be vain, and thus sparo
the effusion of blood. We can in tbis man
ner best convince them that we are their
friends, not their enemies. In order to ac
complish this object, it will be necessary,
according to the estimates }f the War De
partment, to raise four additional regiments
and this 1
earnestly recommend to Congress.
At tbe present moment of depression the
revenues of tbe country I am sorry to bo
obliged to recommend such a measure but I
feel confident of tbe support of Congress,
cost what it may, in suppressing the insur
rection, and in restoring and maintaining
the sovereignty of the Constitution tad lasrs
over the Territory of Utah.
AllXOXA.
I recommend to Congress tbe establish
ment of a territorial governaent over Aliso
ns, incorporating with it such portions of
New Mexico as they may deem expedient. I
need scarcely adduce arguments in suppui I
of this recommendation. We are bound to
protect the lives snd the property of our
citizens inhabiting Arisona, and these are
now without any efficient protection. Their
present number is already considerable, and
is rapidly increasing, notwithstanding tba
disadtanlagss under which they labor. Be
sides, the proposed territory is believed to
be rich in mineral and agricultural resources,
especially silver and copper. Tho mails of
the United States to California are now
carried over it throng boot its whole extent,
and this route is known to be tbe nearest and
believed to be tbe best to the Pacific.
r»cmc XAiLnoaa.
Long experience has deeply eonvinoed aw
that a strict construction of the powers
granted to Congress, is the only true as well
as the only safe theory of the Constitution.
Whilst this prinoiple shall guide my public
conduct, I consider it clear that anaer the
war-making power, Congress may appropri
ate money Tor tbe construction of a military
road through the Territories of the United
States, when this is absolutely neeoceary for
the defense of any of the Statee agaiaet for'
eign invasion. The Constitution has con
ferred upon Congress the power "to declare
war," '*to raise and support armies," "to
provide and maintain a navy," and call forth
the militia to ''repel invastoas." These
high sovereign powers necessarily involve
important and responsible public duties, and
among them there is none so sacred and so
imperative as that of preserving our soil
from tbe invasion of a foreign enemy.
The Constitution has, therefore, left noth
ing on tbis point to construction, but ex
pressly requires that "the United Statee
shall protect each of them, (the States,)
against invasion." Now, if a military rood
over our own Territories be indispensably
necessary to enable as to meet aad repel the
invader, it follows as a necessary conse
quence, not only that we possess the power,
bat it is our imperative daty to constant
such a road. It would be an absurdity to
invest a government with the unlimited pow«
er to mahe and conduct war. and %t tho
same time deny to it tbe only araane of
reaching aad defeating the enemy at tba
frontier. Without such a road it faita
evident we cannot "protect" California and
oar Pacific possessisons
"against invasioa."
We cannot by any other means ti sesfnii I
men and munitions of war from tbe AUaatie
States in sufficient time sueeesfullf to defend
these remote and distant aortienoof the
Republic.
Experience has proved that the roatee
across the isthmas of Central America are
at least but a very uncertain and anreiiablo
mode of communication. Bat even if this
were not the case, they would at once be
dated agaiast as ia the event ef war with a
aaval power ao much stroaaurthaa oar awn
as to eaabie it to blockade the porta
at either
end of these roatee. After all, therefore,
weeaa only rely upon a military road through
our ewa territortee aad ever siaoe the ori
pa ef tbe poTeraaeeat, Qoagraa has been
the praetieeof appropriating money from
the public treasury, for the snasttartian of
such roada.
«n termer aorrs.
The di Acuities and espeaae of
iag assilitary railroad to
tie aad Pacific Stateshavehosngrssthr «.
•Mofatod. The distance aa the A&oaa
route near tba ttlfMallctef aartklatitade,
between the wastsra henndasyef TeaaB an
the kioGsoMle and tlweastofn boundary ef
[coseiopn wr MCW*
nmzfi
*T»
i
m*9nmm
-j
jumvu.
M«dof»mlasli.a. With
MstOrraf oeear-
Mjtiiaiail i»Vtah,batl2iw**i_
mistake the path of duty. Xo CWef
totrrts. I wae bonad to rsetoratka mmS.
ey of the eoastitutioa and laws witEaiL
limits, la ordsr to effect this aarpese. I
snpoiateA a aew Governor aad other fader.
..•°*cw?
"od seat with them a
•wjfcary foros far thefr protcetiea, aad t»
•ud ae a peese eemaskatas, ia ease o* aoad,
ia tijaexeeation of the laws.
With the religious opiaioas of the Mor-
thT'r£2wi«0,,li"i1*" *»olatioa of
the Coasthatieaaad law* of the United
Statee, beoosM Mto legitimate sabiast* fw?
ike jurisdiction of tb«em| Mgtafste. My
instructions to Governor Cummiug hava
therefore been xmoied ia etriet **rirlnnni
w'th tbese principle*, Attihi»*te,a horn*
was indulged that aa aeeeSly £&
for employing the military, in rootoria* aad
maintaining the authority of the law bus.
tbis hope has now vanished. Governor
Young, has, by praclaauUioa declared his in
tentioa to maintain his power by foree, sad
hae already committed acts ef hsstilitj
against the laite* States. Unless he shouH
Mtrace his steps, tbe Territory of Utah will
be in a state of open rebellion. Ue has
committed these acts of hostility, aetwith.
standing Major Van Vleit, aa oSoer of tho
Arnja eeM to Utahf by the flirnmndinr
general to purchase provisions for the troope
bad given bim the strongest assurances of
intentions of the government,
and that the troops would only be employed
asa posse eommitatus, whea eaUedon by
the civil authority to aid in tbe execution
of the lawte
vtJ
't
•-4'

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