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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 '