The spirit of democracy. [volume], December 14, 1853, Image 2

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iruetr a to the true boundary line be
tween our territory of New Mexico and the
Mexican Slate ot Chihuahua. A former
Owtiniisioner ol the United States, em
pi jyed in running that line pursuant to
the treaty of Guadalupe Hidalgo, made a
erioui mistake in determining the initial
point on the Rio Grande; but, inasmuch as
hi decision was clearly a departure from
Ihe ""directions" for tracing the boundary
contained . in that, treaty, and was not
concurred In by the surveyor appointed
on the. part .of the United, States, whoso
concurrence was necessary to give validity
to that- decision this government is not
concluded thereby; but that of Mexico
takes it-different view of the subject.
. ,There are also other questions of con
siderable magnitude, pending between the
tw 3 republics. Our minister in Mexico has
ample instructions to adjust them. Nego
tiation, have been opened, but sufficient
progress has not been made therein to cn
.able ma to speak of the probable result.
.Impressed. with the importance of main-
l&Hiinir amialilA rpt:itirma wilt fliflt rrnilS.
,iio, and of. yielding with liberality to all
her just claims, it is reasonable to expect
4hat an arrangement mutually satisfactory
to both countries may, be concluded, and
..lasting friendship between them confirm
:mt and nernettiatp.d. . -.-. -,' : i..
Congress having provided for a full mis
sion to the Slates ot Central America, a
.minister was sent thither in July last.;. As
.yet ho has, had lime to visit olyone ol
, these States, Nicaragua,) where he wa
-received in the most friendly manner. It
i hoped that .bis presence and good offices
. Will nave a benign etMci in composing iu
t dissensions which prevail among them, and
liV. establishing 'still more intimate and
friendly relations between them respective-
i United Sules.
- r. -Considering the vast regions of this Con
tinent, and the. number of States which
would be made accessible by the free nav
. tigation of the river Amazin, particular at
tention has been given to this subject.
- i imi - IhstAitrvU Ia stn a lavpiMriae it naGoae
. into.the ocean, has hitherto persisted in a
. - oolicv so restrictive, in resrard to the use
-nf lhi rivnr. na tn nbstrnel. and nearlv ex
's elade,'loretgn commercial intercourse with
the states whtcn lie unon its tributaries
- and unoer branches. -Our minister to that
.r country is instructed to obtain a relaxation
,f that policy and to use his efforts to in-
' - I T . . .
ls uuci me nraziuan government to opeiuio
eannnnn iisa. nnder nroner safeguards, this
gwat .natural highway 1 for international
trade. 'Several, of the South; American
t States are deeply interested iu uus aite-mpi
to secure the free navigation of the Amazon,
nd it is reasonable to expect their co-op
.. erauon in uie measure. ' - -.-..;
as me advantages oi - iree. commercial
- IIK-lvVunV'- aiming tiatiuilB' ui q urini uu-
drstood. more liberal views are irencrall v
-entertained as (b tlie common right tf all
to- the lree'use-of those1 means which na
l - i-.-.L.: I ;
. '1U9 ' liaa uiutiucu - IWI . unci iiaii..-ii ai vviii-
"ininiallOR. la liieso moie uueii nun
'. 1 1 . . .1 i A ...-.. r:i
, -wiiignieneu ;views, ii- is uopeu -mm. uriti
- - wiU -ootiiOi 'Oer policy rvanu remove- oil
UDDCCfjaary resinvuuus uiiuii in- tiro u t
;A ia riverwhich- traverses so many States
- - " i .i .- : . r
- ana so targe a pair ot me comment, i am
nappy w tntorm youinat tne repuoito oi
. Pantrnav and the Argentine Confederation
. u .u.- i:k-..i 1; i;u
vsisted by Brazi, iii regard to the navigable
TiVers within their respective . territories
Treaties: embracing this' sublet amohi:
: fathers have been " negotiated with those
ViinMmiManlr nlv!lt. oiHI - lKmitl((l to
"'-r
-th-5pnaln ot ihrt nrpspr.l snRRiorr ' '--
' . ' A ' . 1 m ..1. '-f -mama mm j. im'a ' - i tw nA.lanl
' ' A ItDW Ul BIIUII UK bUIIIIIIO Ol IIUUlll mill
t 'the'-griculturar interests o the p'niteil
?- CMateSr1 nas witiun lew yara pasi, neon
'opened with Peru.' Notwithstanding the
island ft of that country1, considerable diffi
Acuities" are 'experienced in obtaining the
. j. i -. f i i. A
. requlSlie SUppi Ji measures nac uccu ia-
' -kan to temore these diflicuhies, , and tbse-
-eore a. iriore abundant importation of the
'Urtlole. 'Unfortunately, there has been a
' Neiriou collision between Our citizens, who
hare resorted to the Chincha islands for it
and' the Peruvian -authorities' stationed
; -fherei' Redress for the outfoges. commit
' . -.t , . . . i i ,i
an nv ina iniifr. whh hi (iti v iii;hiiiiihbu
oy our minister hi ijiihu. ; i ma- suujrvi h
nowtihdeT consideration; and there is rea
, -son to believe that Peru is disposed to offer
' " .lunnatninilomnitn tn tlm n mrri AVid nart IR
wwww.w ... J - OO . I
W? V arft thua'nof onl v at neaco with all
-foreign 'countries, but in rectrrd to political
-atTairs-'ar exempt from any cause of se-rwus-disquietiide
in our domestic relations.
' - kL.TI. onnlrhitaraiaa tvtlin.tl " ha VA A oil OlPff
' rthe'countryTieretofore are passing away
' witK the causes which produced them and
' iha naaslnna tvKi(Ii ihv had awakened: or.
" if in irSce of nhem-remains. it may be
"reasonably hoped that it will only be per
'chived in the-xealous rivalry of ; all eooil
'citizensto testify their respect for the rights
and their common determination tiiateacn
- nnet)f the States, ita: institutions, its wel-
.. lure anu us uomesuu pbbbo icju
v ' i ' -i - -J r .l-
kiikv seuurc uiiuci uiu suvieu v
: constitution. " ' - ;- ! ' ' -;
y-'TMis-ftew league ol amity ana pi mutual
. WVHUUdtlUV . jt '
' jt.,W(rit intnAamnl and .onnortunit v
. J'llJ BUUIUO . - ( J
. I 1 . r A nnmr.Polian.Mln
ior me auopuon oi muio tui""f" "
..j ;ln.M.KiiM4..(iH ima a . nn iav and nn.
Mllu uilciuuatBiacu mv..w
. Im .;i. tkn itrakC malsri.l inlrAl9 ol
UUII o v V 1 11 U v " - -
ttia om,ni-T - urlioiVian i Mxmrrterl in lhpm-
(10 VUU11U 1 nni.Mtt
selves or in connection with the powers of
' the civiuzea woriq. ; - y -
r, 4 lie United states navecontuiueu griu-
..ually and steadily to expand, through ac-
-..'. .i:u I ...I.
- ; soever Sorpe oi mem may nave ueei. ijuBa-
'tioned, are now universally 6een ana ad-
. miitort to liavfl been wise in noiicv. tusiin
, ' . .1 ' . ft I .S in It n rt
, Vancement of our ceuntry; and; with it,; of
.. - (lC II U III O II I auc 111 ll ccvfs v. . ..j
: imr in : bappiness.S TIie; . thirteeii States
ItauA Arntirn tA lto lliIrtV.nTlP. With TelallOnS
- reaching to Europe on the one side, and
"' on the other to the distant realms of Asia.
; : ."; I am deeply sensible of the immense re-
- " . . -1 T 1 ' . .. ...I L .!.-. .4 mnMrnlii.t.
.. n wiit.'"' i. - -. - . i o
- ol tne ropuuiiu, tnu lilts in vci siijt iiu iiiui-
- (lOlimiV l .lia III ICI COll UWMW1sO ujuu Hl,
.; 'the alleviation of which, so far as relates
" i ".. ai ' n..Ki:n
, U 1 Q . - j-
:l .. ;s R-mi in ' m follannA nn Wa
!l!.J.'.ni raiiilnliim nf ftin (win Ilnilpa
- . , . .. it.. f .t. . .1:
. r iionzress: ana, 8econuiy; m me uireu-
- ' . ' i , i .i. : : I r .. I.
lions alioruea me "y.',B pri"pi vi puu-
lie polity affirmed by our fathers or the
vi-noK of 1798. sanctioned by Jong experi-
B- . .1 -n-nlnll onAW'Ktf lllO V0l.
c;: whelming voice of the people pt the United
State::; ':('s.rV...:;;.;:' :.
iLacttrrms to inese. nnnci ne, wiiitii
. ' -constitute the organic oasm ui umun.
- r i.r.;vA that, vast as the functions and the
duties of the federal government, vested in,
or entrusted to, its three great departments,
the legislative, executive, and judicial, yet
the substantive power, the popular force,
and the large capacities for social and ma
terial development, exist in the respective
States, which, all being of themselves well
constituted republics, as they preceded,
so they alone are capable of maintaining
and perpetuating the American Union.
; The Federal Government has its appro
priate line of action in the specific and
limited powers conferred on it by the Con
stitution, chiefly as to those things in which
the States htvo a common interest in their
relations to one another, and to foreign
governments; while the great, mass of in
terests which belong to cultivated men,
the ordinary business of life, the springs ol
industry, all the diversified personal and
domestic affairs of society, rest securely
upon the general reserved powers of the
people of the several States. There is the
effective democracy of the nation, and
there the vital essence of its being and its
greatness. ' .....
Of the . praciical consequences which
(low from the nature of the federal govern
ment, the primary one is the duty of ad
ministering with integrity and fidelity the
high trust reposed in it by the constitution,
especially in the application of the public
funds, as drawn by taxation from the peo
pie. and appropriated to specific objects
by Congress. Happily 1 have no occa
siot: to suggest any radical changes in the
financial policy ot the government. Ours
is almost, if not absolutely, the solitary
power of Christendom having a surplus
revenue, drawn immediately from imposts
on commerce, and therefore measured bv
the spontaneous enterprise an'! national,
prosperity of the country, with such indi
rect relation to Agriculture, manufactures,
and '.r.a products of the earth and sea, as
to violate no-constitutional doctrine, and
yet vigorously promote the general wel
fare. Neither as to the sources of the
public treasure, nor as to the manner of
keeping and managing it. does any grave
controversy now prevail, there being a
general acquiescence in the wisdom of the
present system.
: The report of the Secretary of the Treas
ury will exhibit, in detail, the state of the
public finances, and the condition of the
various branches of the public service ad
ministered by that department of the gov
ernment, y
The revenue of the country, levied al:
most insensibly to the tax-payer, goes on
from year to year increasing beyond ci
ther the interests or the prospective wants
of the government.
. 'At the close of the fiscal )rear ending
June 30, 1G52, there remained in the treas
ury a balance of fourteen million six hun
drcd and thirty-two thousand one hundred
and thirty six dollars. The public reve
nue for the "fiscal year ending June 30,
1G53, amounted to fifty-eight million nine
hundred ' and !thirty-one thousand eight
hundred and' sixty-five dollars from cus
16ms. and to two million four hundred and
five thousand seven hundred and eight
dollars from nuMio lands and other mis
celNueous. sourcs. amounting together to
sixtyone million three hundred and thirty
seven thousand five hundred and seventy-
four dollars; while the public expenditures
for the same period, exclusive of payment."
on account of the public debt, amounted
!p forty-three million five hundred and fif
ty-four thousand two hundred and sixty
two dollars; leaving a balance of thirty-two
million four hundred and twenty-five thou
3and. four hundred and foity seven dollars
of receipts above expenditures.
This fact,' of increasing surplus in the
treasury,' became the subject of anxious
consideration rite, very early period ofmy
administration, and the pat!) of duly in re
gard to it seemed to me obvious and clear
namely: first, to apply the surplus revenue
to the discharge'of the public debt, so far
as it could judicioudy be done; and, sec
oiidlyjto devise' means for the gradual re
duction of the revenue to the standard o!
the public exigencies. ; " .
Of these oiMPCts, the first had born in
the course of accomplishment, in a man
ner and to a decree highly satisfactory.
The amount of the public debt, of al
classes, was, on the fourth of March, 1853
sixty-nine million one hundred and ninety
thousand and thirty-seven dollars; pay
menls on : account of which have been
made, since that period, to the au.ount o
twelve million seven hundred and three
ihousand three hundred and twenty-nine
dollars; leaving unpaid, and in the con
tinuous course of liquidation, the sum
fifty-six million four hundred and eighty
six thousand seven hundred and eight dol
lars. - These payments, although made at
the market price of the respective classes
of stocks, have been enected readily, and
to the general advantage of-the treasury
and have at the same time proved of sig
nal utility in the relief they have mciden
fally afforded to the money market and to
the industrial and commercial pursuits of
the country
The second of lhe above-mentioned ob
iccts, that of the reduction of the tariff, is
of great importance, and the plan suggest
ed by the Secretary ofthe Treasury, whicl
is to reduce the duties on certain articles
and to add to the free list many articles
now taxed, and especially such as enter
into manufactures, and are not largely, or
at all, produced in the country, is com
mended to joUf candid and careful con
sideration.
; You will find in the report ofthe Secre
tary of the Treasury, also, abundant proof
of the entire adequacy ol the present nsca
system to meet all the requirements of the
pt'blic service; and that, while properly
administered, it operates to the advantage
of the community in-ordinary business re
lations
' :- 1 resoect fully ask your attention to sun
Ire enrrcrpcfions of improvements in' the
settlement of accounts, especially as re
wards the lame sums of outstanding ar
ma dun in the government, and of other
reforms in the administrative action of hi
department; which are indicated by the
Secretary; as also to the progress made in
the construction of marine hospitals, cus
tom-houses, and of a new mint in Califof'
nia anu assay omce iu Tiie cny oi icw
York, heretofore provided for by Congress;
and also to the eminently successful pro
gress of the Coast Sun'ey, and of the
Light-house Hoard. ; .
, Among the objects meriting your atten
tion will be important recommendations
from the Secretaries of War and Navy. r 1
am fully satisfied that the Navy of the
United State's 13 noi; in a condition of
strength and efficiency commensurate with
the magnitude of ou-commercial and oth
er interests; and commend to your ecpec
ial attention the suggestions on this subject,
made by'tho Secretary of the Navy. -I
respectfully submit that the army, which,
under our system, must always be regard
ed with the highest interest, as a nucleus
around which the volunteer forces of the
nation gather iu the hour of danger, re-
quires augmentation, or modincation, to
adapt it to the present extended limits and
frontier relations .of the country, and the
condition of the Indian tribes in the interi
or of the continent; the, necessity of which
will appear in the communications of the
Secretaries of War and the Interior.
In the administration of the Post-Office
Department, for the fiscal year ending June
30, 1853, the gross expenditure was $7,-
982,756; and the gross receipts, during
the same period, $5,942,734; showing that
the current revenue failed to meet the cur
rent expenses of the department by the
sum of 2,042.032. The causes which,
under the present postal system and laws,
led inevitably to this result, are fully ex
plained by the report of the Post-master-General;
one great cause being the enor
mous rates the department has been com
pelled to pay for mail service rendered by
railroad companies.
The exhibit in the report of the Postmaster-General
of the income and expen
ditures by mail steamers will be fou.id pe
culiarly interesting, and of a character to
demand the immediate action of Congress.
Numerous and flagrant frauds upon the
Pension Bureau have been brought to light
within the last year, and, in some instan
ces, merited punishments inflicted; but,
unfortunately, in others guilty parties h.ve
escaped, not through the want of sufficient
evidence to warrant a conviction, but in
consequence of tho provisions of limitation
ii the existing laws.
From the nature of these claims, the re
moteness -of tribunals to pass upon
them, and the mode in which the proof
s, of necessily, furnished; temptations to
crime have been greatly stimulated by the !
obvious difficulties of detection, the de
fects in the law upon this subject are so
apparent, and so fatal to the ends of jus
tice, that your early action relating to it
s most desirable.
During the last fiscal year, 0.019,41 1
acres ol the public lands have been sur
veyed, and 10,363,891 acres brought into
market. -Within the same period, the sales
by public purchase, and private entry
amounted to 1,083,495 acres; located un
der military bounty land warrants. 6,1 42,
360 acres; located under other certificates,
9.427 acres; ceded to the States as swamp
ands, 16,684.253 acres; selected for rail'
a i . f
roau ana other objects, unuer acis oi
Congress, 1,427,457 acres:- ,
Total amount of land disposed of with
in the fiscal year, 25,346,992 acres; which
is an increase in quantity sold, and located
under land warrants and grants, of 12.-
231,818 acres over the fiscal year imme
diately preceding. The quantity of land
sold during the second and third quarters
of 1852. was 334.451 acres, the amount
received therefor, was $623 687. , The
quantity sold the second and third quar
ters of the year. 1853, was 1.609,919 acres;
and the amount received therefor, $2,226,
876.
The whole number of land warrants .is
sued under existing laws, prior to the 30th
of September last, was 266.042; of which
there were outstanding, at that date, (Jo, -947.
The quantity of land required to sat
is'' these outstanding warrants, is 4,778,-
120 acres. ,
Warrants havfl been issued to 30th of
September last, under ihe act of 1 1th Feb
ruary, 1847. calling for J2,B7U.a!8U acres;
under acts of September 28, 1850. and
March 22, ; 1852. calling for 12.505.360
acres; making a total ot 25.3d4 t4U aeres.
It is believed that experience has veii
fied the wisdom and justice of the present
system, .with regard to the public domain.
in most essential particulars.
lou will perceive, from the report of the
Secretary of the Interior,, that opinions
which have often been expressed in rela
tion to the operation of the land system.
as not being a source of revenue to the fed
era! treasury, were erroneous. The net
profits from the sale of Ihe public lands to
June 30, 1853, amounted to the sumo'
$53,289,465. -
: I recommend the extension of the land
system, over the Territories of Utah and
New Mexico, with such modifications as
their peculiarities may require.:
Regarding our public domain as chiefly
valuable to provide homes for the industri
ous and "enterprising, I am not prepared
to recommend any essential change in the
land system, except by modifications in
favor of the actual settler, and an exten
sion of the pre-emption ' principle in cer
tain cases, for reasons, and on grounds,
w hich will be fully developed in the reports
to bo laid before you. y
. Congress, representing the proprietors
of the territorial domain, and charged es
pecially with power to dispose of territory
belonging to the United States, has, for a
long course of years, beginning with the
administration of Mr. Jefferson, exercised
the power to construct roads within the
territories; and there are so many and ob
vious distinctions between this exercise of
power end that of making roads within the
States, that the former has never been con
sidered subject to such objections as apply
to the latter, and such may now be consid
ered the settled construction of the power
of the federal government upon tho sub
ject. ' -
Numerous applications have been, and
no doubt will continue to be, mado for
grants of land, in aid of the construction
of railways. It is not believed to be with
in the intent and meaning ofthe constitu
tion, that the power to dispose ofthe pub
lic domain, should be used otherwise than
might be expected from a prudent proprie
tor, and, therefore, that grants of land to
aid in the construction of roads should be
restricted to cases, where it would be for
the interest of a proprietorunder like cir
cumstances, thus to contribute to the con
struction of these works.
For the practical opeiation of such
grants thus far, in advancing the interests
ofthe States in which the works are locat
ed, and at the same time the substantial
Interests of nil the other States, by enhanc
ing the value and promoting the rapid sale
of the public domain, I refer you to the
report of the Secretary of the Interior. f A
careful examination, however. -will show
that this experience is the result of a1 just
discrimination, and will be far from afford
ing encouragement to a reckless or indis
criminate extension ofthe principle.
;; 1 commend to your favorable considera
tion the men of genius of our country, who,
by their inventions and discoveries in sci
ence and art, have contributes: largely to
the improvements Of the age,' without, in
many instances, securing' for themselves
anything like an. adeouate reward. For
many interesting details upon this subject,
1 refer you to the appropriate reports, and
especially urge upon your early attention
the apparently slight, but really important,
modifications of existing laws therein sug
gested. '
The liberal spirit which has so long
marked the action of Congress in relation
to the District of Columbia will, I have no
doubt, continue to be manifested.
The erection of an asylum for the insane
of the District of Columbia, and of the ar
my and navy of the United States, has
been somewhat retarded,by the great de
mand for materials and labor during the
past summer; but full preparation for the
reception ol patients, before the return of
another winter, is anticipated; and there is
the best reason to believe, from the plan
and contemplated arrangements which
have been devised, with the experience fur
nished within thje last faw years in relation
to the nature and treatment of the disease,
that .it will prove an asylum indeed to this
most helpless and offlicted class of suffer
ers, and stand as a noble monument of
wisdom and mercy. -
Under the acts of Congress of August
31, 1852, and of March 3, 1853, designed
to secure for the cities of Washington and
Georgetown an abundant supply of good
and wholesome water, U became my duty
to examine the report and plans of the en
gineer who had charge ofthe surveys un
der the act first named. The best, if not
the only plan, calculated to secure perma
nently the object sought was that which
contemplates taking the water from the
Great Falls of the Potomac, and, conse
quently, I gavo to it my approval.
For the progress and present condition
of this important work, and for its de
mands, so far as appropriations are con
cerned,! refer you to the report of the Sec
retary of War.
The present judicial system ofthe United
Slates has now been in operation for so
ong a period ol time, and has in its gen
eral theory and much of its details, be
come so familiar to the country, end ac
quired so entirely the public confidence,
that if modified in any respect, it should
only be in those particulars which may
adapt it to tne increased extent, population
and legal business of. the United blates.
In this relation, the organization of ihe
courts is now confessedly inadequate to
the duties to be.perlormed by them; in
consequence of which the Slates of Flori-
la, Wisconsin, Iowa, Texas ond Califor
nia, ond districts of other States, ore in ef
fect excluded from the full benefits of the
general system, by the functions ol the cir
cuit court being devolved on the district
judges in all those States or parts of States.
Ihe spirit ofthe constitution and a due
regard to justice require that all the States
of the Union should be placed on the same
looting in regard to the judicial tribunals
I therefore commend to your consideration
this important subject, which, in my judg
ment, demands the speedy action of Con
gress. 1 will present to you, if deemed
desirable, a plun. which I am prepared to
recommend for the enlargement and mod
ification ofthe present judicial system.-
I lie act ol Congress estaoirsliing trip
Smithsonian Institution, provided that the
President of the United St'ates. and other
persons therein designated, should consti
tute an 'establishment' by that name, and
that the members should hold special meet
ings for the supervision of the affairs- of
the institution.
The organization not having taken place,
it seemed to me proper that it should be
effected without delay. This has been
done; and an occasion was thereby pre
seiited for inspecting the condition of the
Institution, and appreciating its successful
progress thus lar, and its nigh promise o
gre.it! and general usefulness.
: 1 ha ve "n)iUcd to ask your favorable con
sideration for jhe estimates of works of i
local character in twenty-seven ol ihe thir
ty-one States, amounting to one million
seven hundred and filty-f'our thousand five
hundred dollars, because indenen Jpiitly ol
the erounds which have so often been
urged against the application ofthe feder
al revenue for woiks of this character
inequality with consequent injustice is in
herent in the nature ot the proposition, and
because the plan has proved entirely inad
equate to the accomplishment of the ob
jects sought. '
The subject of internal improvements
claiming alike the interest and goodwill
of all, has, nevertheless, been the basis
of much political discussion, and has
stood as a deep graven line of division
between statesmen of eminent ability and
patriotism. The rule of strict construc
tion of all powers delegated by the States
to the general government has arrayed
itself, from time to time, against the rapid
progress of expenditures from the natioua
treasury on works of a local character
within the States. - Memorable as an epoch
in the history of this subject is the mes
8 age of President Jackson, of the 27lh o
May, 1830, which met ihe system of in
tenia! improvements in its comparative
infancy; but so rapid had been its growth
that the projected appropriations in that
year for works of this character had risen
to the alarming amount of more than one
hundred millions of dollars. '
In that message the President admitted
the difficulty of bringing hack the opera
tions of the government to the construe
tion of the constifution set up in 1798, and
marked it as an admonitory proof of the
necessity of guarding that instrument with
sleepless vigilance against the authority of
precedents, which had not the sanction of
its most plainly denned powers. '
Our government exists under a written
compact between sovereign Stales, uniting
for specific objects, and with specific grants
to their general agent. If, inert, in the
progress of its administration, there have
been departures from the terms and intent
of the -compact, it is, and will ever be
proper to refer back to the fixed standard
which our fathers left us, and to make a
stern effort to conform our action to it. It
would seem that the fact of a principle
having been resisted from the first by many
of the wisest and most patriotio men of
the republic, and a policy having provok
ed constant strife, without-arriving at a
i , . ..
conclusion wmon can ue regarded as sat
isfactory to Us most earnest advocates
should suggest the inquiry v whether there
may not be a plan likely to be crowned by
happier results. Without perceiving any
sound distinction, or intending to assert
any principle as opposed to improvements
needed for the protection of internal com
merce, which does not equally, apply to
improvements upon the. seaboard for the
protection of foreign commerce, I submit
to yotf. whether it moy not be safely anti
cipated thai, 1f 'tho policy were once set
tled against appropriations by the general
government for local improvements for the
benefit of commerce, localities requiring
expenditures would not, by , modes and
means clearly legitimate and proper, raise
the fund necessary for such constructions
as the safety or other interests of their
commerce might require.
If that can be regarded as a system,
which, in the experience of more than
thirty years, has at no time so command
ed the public judgment as to give it the
character of settled policy, which, though
it has produced'some works of conceded
importance, has been attended with an
expenditure quite disproportionate to their
value, and has resulted in squandering
large sums upon object's which have an
swered no "valuable purpose the interests
Of all the States require-it to be abandon
ed, unless hopes may be indulged for the
future which find no warrant in the past.
With an anxious desire for the comple
tion of the wotks which are regarded by
all good citizens with sincere interest, I
have deemed it my - duty to ask ui your
hands a deliberate reconsideration of the
question, with a hope that, animated by a
desire to promote the permanent and sub
stantial interests of the country, your wis
dom may prove equal to the task of de
vising and maturing a plan, whichappli
ed to tins subject, may promise something
better than constant stnfo, the suspension
of the powers of local enterprise, the ex
citing of vain hopes, and the disappoint
ment of cherished expectations.
In expending the appropriations made
by 'the last Congress, several cases have
arisen ia relation to works for the nn
provement of harbors, which involve ques
tion as to the right of soil and jurisdiction,
and have threatened conflict between the
authority of the State and general gov
ernments. The right to construct a break
water, jetty, or dam, would seem, neces
sarily, to carry with it the power to pro
tect and preserve such constructions
This can only be effectually done by hav
ing jurisdiction over tne soil, out no
clause of the constitution is found, on
constitutional means, in the construction
of a road, which will unite, by speedy
transit, the populations of the Pacific and
Atlantic States, lo guard against mis-j
conception, it should be remarked that,!
although the power to construct, or aid in
the construction of, a road within the lim
its of a territory is not " embarrassed by
that question of jurisdiction which would
arise within the limits of a State, it is nev
ertheless held to be of doubtful power, and
more than doubtful propriety, even within
the limits ol a territory, for the general
government to.undertake to administer the
affairs of a railroad, a canal, or other
similar construction, and therefore that its
connection with a work of this character
should be incidental rather than primary.
I will onlv add, at present, that, fully ap
preciating the magnitude of the subject,
and solicitous that the Atlantic and Pacific
shores of the , republic may be bound to
gether by inseparable ties of common in
terest, as well as of common lealty ana
attachment to . the Union, I shall be dis
posed so far as my own action is concern
ed, to follow the lights of the constitution,
as expounded ; and illustrated by those,
whose opinions and expositions constitute
the standard of my political faith in -regard
to the powers of the federal govern
ment. " It is, I trust, not necessary to say
that no grandeur of enterprise, and no
present urgent inducement promising pop
ular favor, will lead me lo disregard those
lights, or to depart from that pathwhich
experience, has proved to be safe, and
which is now radiant with the glow of pros
perity and legitimate constitutional pro
gress, i We can afford to wait, but we
cannot aflord to overlook the ark of our
security. ; .- .
It is no part of my purpose to give prom
inence to any subject, which may proper
ly be regarded as set at rest by the delib
erate) judgment of the people, -s But while
the present is bright with promise and the
future mil ol demand and inducement ior
which to rest the claim of the United States the exercise of active intelligence, the past
to exercise jurisdiction oyer the soil of a
State, except that conferred by .the eighth
section of the first article of the constitu
tion. It is, then, submitted, whether, in
all cases where constructions are to be
erected by the general government, the
right of soil should not first be obtained.
and legislative provision be made to cover
all such cases
For the progress made in the construe
tion ot roads within the territories, as pro
vided for in the appropriations of the last
Congress, I refer you to the report of the
Secretary of W ar
There is one subject of a domestic na
ture, which, from its intrinsic importance,
and the many interesting questions of fu
ture policy which it involves, cannot fail
to receive your early attention. allude
to the means of communication, by which
different parts of the wide expanse of our
counlrv are to be placed iu closer con
nection for the purposes both of defence
and commercial . intercourse, and more
especially sucn as appertain to the com
munication of those great divisions of tin
Union, which lie on the opposite sides of
the icoctcv Mountains
That the government has not been nn
mindful ol this heretofore, is apparent from
the aid it has anorded, thiough appropria
tions for mail facilities and other purposes
Hut the general subject will now present
itself under aspects more imposing and
more purely national, by reason of the
surveys ordered by Congress, and now ii
the process of completion, for communi
cation by railway across the continent
and wholly within the limits of ibe-tJnited
States
-The power to declare war, to raise and
support armies, lo provide and maintain
a navy, and to call forth the militia to exe
cute the lews, suppress insurrections, and
repel invasions, was conferred upon Con
gress, as means to provide for the com
mon defence, and to protect a territory and
a population now wide-spread and vastly
multiplied.. As incidental to and indis
pensable for the exercise of this power, it
must sometimes be necessary to construct
military roads and protect harbors of ref
uge. To appropriations by Congress for
such objects, no sound objection can be
raised. Happily for our country, its peace
ful policy and rapidly increasing popula
tion impose upon us no urgent necessity
for preparation, and leave but few track
less deserts between assailable points and
a patriotic people ever ready and generally
able to protect tnem. x nese necessary
i t
can never be without uselul lessons ot ad
monition and instruction. If its dangers
serve not as beacons, they will vidently
fail to fulfill the object of a wise design.
When the grave shall have closed over
all. who are nov endeavoring to meet the
obligations of duty, the year 1850 will be
recurred to as a period filled with anxious
apprehension, A successful war had just
terminated. . Peace brought with it a vast
augmentation of territory. . Disturbing
questions arose, bearing upon the domes
tic institutions of one portion of the con
federacy, and involving the constitutional
rights nf the States. . But, notwithstanding
innerences oi opinion ana senumeni,
which then existed in relation to details
and specific provisions, the acquiescence
of distinguished citizens, whose devotion
to the Union can never bo doubled, has
given renewed vigor to our institutions,
and restored a sense of repose and secu
rity lo the public mind throughout the con
federacy. 1 hat this repose is to suffer no
slfock during my official term, ii I have
power to avert it, those who placed me
here may bo assured. The wisdom ol
nnen. who knew what independence cost.
who had put all at stake upon the issue of
the revolutionary struggle, disposed of the
subject to which I refer, in the only : way
consistent with the union of these States
and with the march of power and prosper
ity which has made us what we are. It is
a significant fact, that from the adoption
of the constitution until the officers and
soldiers of the revolution had passed to
their graves, or, through the infirmities of
age and wounds, had ceased to participate
actively in public affairs, there was not
merely a quiet acqtwescence in, but a
prompt vindication of, the' eonstitutional
rights of the States. The reserved pow
ers were scrupulously respected. No
statesman put forth the narrow views of
casuists to justify interference and agita
tion, but the spirit of the compact was re
garded as sacred in the eye of honor, and
indispensable for the great experiment of
civil liberty, which, environed by inherent
difficulties, was yet borne forward in ap
parent, weakness by - a power superior to
all obstacles. There is no condemnation,
which the voice of freedom will not pro
nounce upon us, should we prove faithless
to this great trust. While men inhabiting
different parts of this vast continent can
no . more be expected to . hold the same
opinions, orentertaiivthe same sentiments,
than every variety of climate or soil can
be expected to furnish the same, agricultu-
links, the enterprise and eiiergy of our ral products, they can unite in a common
people are steadily and boldly struggling object and sustain common principles es
lo supply. - All experience affirms that, sential to the maintenance of-that object,
wherever private enterprise will avail, it is The gallant men of the south and the
most wise for the general government to north could stand together- during the strug
leave to that and individual watchfulness gle of the Revolution; they could stand
the location and execution of all means
of communication. .
The surveys before alluded to were de
signed to ascertain the most practicable
and economical route for a railroad from
the river Mississippi to the Pacific ocean
Parties are now in the field making explo
rations, where previous examinations had
not supplied sufficient data, and where
there was the best reason to hope the ob
iect sought might be found. The means
and time being both limited, it is not to be
expected that all the accurate knowledge
desired will be obtained, but it is hoped
that much and important information will
be added to the stock previously possessed,
and that partial, it not full reports of the
surveys ordered will be received, in time
for transmission to the two Houses of Con
gross, on or before the first Monday in
February next, as required by the act of
appropriation. I he magnitude of the en
terprise contemplated has aroused, and
will doubtless continue to excite, a very
general interest throughout the country.
In its political, its commercial, and its mil
itary bearings, it has varied, great and in
creasing claims to consideration. The
heavy expense, the great delay, and, at
times, fatality attending travel by either of
the isthmus routes, have demonstrated the
advantage, which would result from inter
territorial communication by such safe and
rapid means as a railroad would supply.
These difficulties, which have been en
countered in a period of peace, would be
magnified and still further increased it
lime of war. But whilst the embarrass
ments already encountered, and others
under new contingencies to be anticipated,
may serve strikingly to exhibit the import
ance of such a work, neither these, nor
all considerations combined, can have ah
appreciable value, when weighed against
the obligation strictly to adhere to the con
stitution and faithfully to execute the pow
ers it confers. ' Within this limit and to the
extent of the interest" of the government
involved, it Would seem both expedient
and proper, if an economical and practi
cable route shall bo found, to aid, by all
together in the more trying period which
succeeded the clangor of arms. As their
united valor was adequate to all the trials
of the camp and dangers of the field, so
their united wisdom proved equal to the
greater task ol founding, upon a deep and
broad basis, institutions, which it has been
our privilege to enjoy, and will ever be
our most sacred duty to sustain. - It is but
the feeble expression of a faith strong and
universal,, to say that their sons, whose
blood mingled so often upon the same field,
during the war of 1812, and who have
more recently borne in triumph the flag of
the country upon a foreign sou, will never
permit alienation of feeling to weaken the
power. of their united efforts, nor internal
dissensions to paralyze the great arm of
freedom, uplifted lor ' the vindication of
self-government. . i . .
1 have thus briefly presented ruch sug
gestions as seem to me especially worthy of
your consideration. . In providing for the
present, you can hardly fail to avail your
selves of the light, which' the experience of
past casts upon the future. .i
The growth ol oyr population has now
brought us, in the destined career of .our
national history, to a point at which it well
behooves us to expand our vision over the
vast prospective. . '" -l .: .
The successive decennial returns of the
census since the adoption of the constitu
tion, have revealed a law of steady pro
gressive developement, whioh may be sta
ted, in general terms", as a duplication ev
ery quarter-century. - Carried J forward,
from the point already reached, for only a
short period of time as, applicable to the
existence of a nation, this law of progress,
if unchecked, will bring us to "almost in
credible results.' A large allowance far
diminished proportional- effect of emigra
tion would not very materially reduoe the
estimate, while the increased; average du
ration of human life, known to have alrea
dy resulted from the scientific and hygien
ic improvements of the past fifty years,
will tend to keep up through the next fifty.
or perhaps hundred, the same' ratio of
growth, which has been thus fevealed in
our past progress; and to the influence.of
these causes may be added the influx of
laboring masses from eastern Asia to the
Pacific side of our possession. tnrtW
with the probable accession ofthe nonuU-' - V
tions already existing in other parts of our
nemispnere, wnicu, wiimn the period in
question,' will feel, with yearly "increasing
i ue natural niirauiiun oi so Vast,
powerful, and prosperous a confederation
of self-governing republics, and will geek
the privilege of being admitted within. its
safe and happy bosom, transferring with
themselves, by a peaceful and healthy" pro- -cess
of incorporation, spacious regions of
virgin and exuberant soil, which are des- : .
tined to swarm with the fast-growing .and -'
tast-spreauing millions olou.rrace .v-
1 hese considerations seem fully to ius-
tify the presumption, that the law of pop
ulation above stated will continue to act
with undiminished effect, through at .least
the next half century; and that thousands
at norvorta vnn i-va ,iMftrf4tfa,iiiiArf ...i
maturity, and are now exercising the
rights of freemen, will close their eyes on -
the spectacle of more than one hundred
millions of population embraced within the ' :
majestic proportions of Ihe s American
Union. It is not merely as an interesting
topic of speculation that" I present these
views for your consideration. - They have
important practical bearings upon all the
political uuues we are cauea upon to per
form. Heretofore, our system of govern
mem lias warned on wiiat may be termed;
a miniature scale, in comparison with the-
laualnnmonl 'wltinli t niiiol t It i m n r. . , . a -
within n future so near at hand, as scarce
ly to be beyond the present of the existing .: ,
generation. . , . .
ll is evident that a confederation so vast
and so varied, both, in numbers and in ler-
iiuuai iwumii, in iinuiia ana in interests,,
could only bo kept in national collision by-
the strictest fidelity to the principles of the
constitution, its understood, by those who -have
adhered to the most restricted con '
strucliou of the powers granted by thf peo-
pla and Ihe .States. . Interpreted nnd ap-
plied , according to those, principles, : the ..' '
great compact adapts itself. with; healthy
ease and freedom to an uirtunited exten
sion of that benign system offederative self- -
r a n ni Ant- J , La.t .L . . t ' .9
u,ciiiijiriM,ui iniiuii it ,a uiir glorious anu, -1
trust, immortal charter Lei is. then, i
with redoubled vigilance, be on our guard: .
o iintncl rlul el inr Im-sKa'S .... ! I at -
. . i' .l . V
exercise oi iiouuuu Dowers, even under- 1
ihe pressure-of the motives of conceded -
temporary advantage and apparent tern- . ,
porary expediency. -- -
. The minimum of federal uovprnmont
compatible with-the maintenance nf na.
tiutini unity uuu euicieni action in our re-
, i - . - ' . i - .
lations wiin tne rest, ol the world, shoultH :.
atlnrd lhA ruin nun mancro rF Aw.ut...; '
ol our powers under the general clauses of s j
tne constitution. A spirit of strict deference ;v
iu me suvereigu ngiiis anu uignity oi every.- -
dinate the States into a provincial relation
... ui uuiuui 1 1 , . onuuiu viia rauierizir-
all our exercise ol the riiuiii nnn .:
from the eeheraus confidence of nur inn..
stituents. . . . ;.,', . . '." ' -;,
In like manner, as a ma'nifestily indis-
pensable condition pi, the perpetuation.
oi tne union, anu oi tbe realization of that.
magnificent national future, adverted to,.
me uu. i uci-uuic vriuv sircmirpr n n rt . -
clearer upon us, as citizens of the severali
oiuu-a, iu uuiuvuie a iraiernui anu ailection -al
spirit, larguage and conduct, in regard
toother States, and in relation lothe varied-
interests, institutions,- and habits of senti
ment and opinion which may; respective -
ly cnaracierszeinem., Mutual forbearance..
rAcnpV't And nnnnfarfapiiiii,. tM W. j-
... 1
ii ai otuuii as ciuifus. ana an enlarged
exercise of the most liberal principles of
comity in the public-dealings of Ktat
with State. whetherin legislation or'in the
. rl ., ...
execution oi laws, are me means to perpet
uate' that Confident! 'and (rnli,n,i -
decay of which a mere 'political unfjt.
on so vast a scale, could not long survive.
In still another point of view, is an im
portant practical duty suggested by? this-
rnneiilAratiAii nf K. . ...1 . f 1 .
sions, to which our political system, with
its corresponding machinery of govern
ment, is so r-pidly expandine. With in- '
creaseu vigilance aoes it require us to cul-
.... An.t.A I . rf. ' .
hid vaiuiiiai Virtues OI pUOUC IrUgSl--
ity ad official integrity and purity. Pub
lie affairs ought to be so conducted that it
. a .
settiea conviction shall pervade the entire
Union, that nothing short of the highest!
tone and standard of public morality marks-,
every part of the administration and leg
islation ot the general government., Thus
will the federal system, whatever expan
sion time and progress may give it Contin
ue more and more deeply rooted in the
IriVA and Rftnhi nnmi ti t h nn.l. -i. s...
- ' v. vi,o. - -
That wise economy, which is as far re
mo ved from parsimony as from corrupt
and corrupting extravagance, that single
regard for the public good, which will frown,
........ ..ii . . i . . .
upu " nuciiijjis io approach tne treasury
with insidious projects ol private interest)
cloaked under public'pretexts, that sound. -fiscal
administration, which, in the 4egis--Iative
department, guards against the dan
gerous temptations incident to overflowing;
revenue, and, in Ihe executive,- maintain
an : unsleeping 'watchfulness against' the-
tendency of all national expenditure' to
extravagance, while they are admirted
elementary nolitical dutina.' imav '- f m
be deemed as properly adverted ' to 'and
urged, in view of ; the more impressive
sense of that necessity," which is directly
suggested by the considerations now pre- :
Since the adjournment of Congress; the- -Vice
President of the United States has.
passed from the scenes of earth, without!
having entered upon the duties of the eta-,
tion, to which be had -been called by the
voice of his countrymen. Having occupi-. -ed,
almost continuously,' Tof more than,
thirty years, a seat in one or the' other of
the two' Houses of Congress, ' and having,
by his singular purity and wisdom, secur
ed unbounded" confidence' and .universal
respect; his failing health was Watched bjo
the nation with painful 'solicitude.' Sim
loss to the country, under all the circum
stances, has been justfy regarded t irre
parable. ' . ' '-.-. C: -';''- :
In compliance with the act Congress
of March S, 1863, the oaW of office Twm
administered to turn on the ' C4th o t that
month, at Ariadne eslate.'near Matanzat,
in ne, island of Cuba; but nia strength,
gradually declined; and was hardly n
ficient to enable him to return tir hi knm.
in Alabama, where, oh the eighteenth day.
of April,' tn the most calm and na.lnf.
April,', fn the most calm and neacefuYi
way; his long and eminently 'useful career
was terminated J - r ? t. ,
' : Entertaining 'unlimited ; confidence h
Voqr. Intelligent and natriotio davntinn in
(the public interest,-and being - oonsoioati '