The weekly hawk-eye. [volume], January 07, 1860, Image 1

About The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860

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mtlSOTON
X*
WEEKLY HAWI-ITE
HIIT MTtlDAT VOMfffl,
.JjwiA«•«•«rf •Mlb'
a* a. XXJ2?ssaH»c.
•paniisi
»TI J2™
ki
f*
K»
.lira
(to one *llll••)
^tea
One •with,
Two
Tfcrce
«h
Oik wtr,
JupBl Pqa»« )»tf th« abort prtoe,
fnKHAV-KEYJ'
^HS»IDS*T»
mbmaob,
TIlK SlNATI
u
j^-p Uor« or KinunTAwnMfe!
j~n and hcart-lelt gratitude is dne to
,ltf,
-JjH l',.«or which ha* liestowed upon
i «ri«l si»tl
ii»' 1"'i'ou"
»•wait,
blessings through-
\r*r, Tiie tri'm'tal health of (ho
hw I**''" ''vdlftit:
our
,'»rv,'*t*
|M.1wllt plentiful. a'ul ]n i|«'rily smiles
"tut tin" '"iid. Indeed. imtwitlistandin
,,rils, *c have
inn"'1
to believe
vent* i:i our history, that we have
l,\ special protection of Divine Provi
„r lit**
our
or'Pn
nation. We
to many tliivi' iiiiif.' and
diculties in our P" W ss hut on
e*ive occasion impending cloud
Tuwil*^11,l(Ui
,,u"
i urrf utK *m*
b,w awav-
(be divine guidaucc aud proteo
'L HiWMS rSMT.
ff j. iiic dutv of the President "from
to pvet Congress information of
u
iiur to pve
lUh.-.,.ftiie
I'niou.
and til'xxl.v o-'hitcikps
11
sliall not refer in iU*
II 1»M1V ix-emrpneps
V»!
ii
ctaei".
Hi
•Iiilflit
fcC.
UN
hi
tin pitwnt i ri«i«. we ought to
i, uirfth.1t ier m'ional creatuiv mu^t lie
anl t. mt.
ud the nati,r»J
it
coiiseqiiunco of
ta uaihiugs. Those «hrt announce a!i
tixlrii"-- -ui v rsiv. to the Oiistitntion
lui'ii'. must not Im- nurptisi'd ?Uuuld
j'ttfd partiians advance one »!ep further,
li.mj.t
In viol' itcet carry tiie*« doctrines
.m-tii al effect. In thi* view of the sutije-
Mirw lie forjfotteu that, however
ilji ioitv infn the political advantages re
tnioi the I'nion, to ever* jiortioti of our
mi n imfy, these will mU prove i lie as
sh'tafcl the tint" ever unive «lien thev
i* ii
j'tM'J
witliout Kerkma ilijn^er to the
ii«letv it tin- |«eople nf flt'teen meiubcrs
lonfcueraey. If the jeace of the domestic
llireujfliotit the States should
ever
their
ESTABLISHED]
lie in-
—if tl»: mothers of lamilii s within this e\
repuu tltould not lie able i ret'ie
it i.i|!iit witliout suiti-riug dreadful appre
nis oi what May he their ow n fat and that
)tl
?ir cbiWreu U-fore morning—it would be
11 reoiitnt to «ieh a people the political
:it *tuli iwah to them from the 1'nioii.—
n-virttiou is the first instinct of nature
enfoic ari M:ue of iciety in which the
rta«
i? ail tie time sus]ieniied over the heads
jKiiju'e, ffia-t at last lieeome imulcrnl.le.—
:*iWfW iu no such gloomy fo eho.l)ng
i iiifa '. I firmly believe the events at
Fern. (.• causinit the jwople to p-iuse
:i«'t ujkiii the possible pe.il to their eher
witutionn. will the means, under Prov-
i'full.ivinjj the eiistiu^ excitement, and
..ay future outbreaks of a iimii^r ch.triie
,V' will resolve that the Constitution and
IS
.« «ii ill not lie endangered by rash coun
thai should "the silver cord be
ur th." p»!deu bow l»e broken at
.BUin." huiuati power could
never
reunite
lifreii wui hostile fi agmeut«.
SU.TKK IN T1IK TKKR.IHRIEK.
«AUlly evu^nVtdate you upon the final aet
.»t 'o tie Supreme Court of the I'cited
of tlie ifacstion of slavery in the Terriio-
ti.vh (uiii presented mi a.-pe si truly 16r
i* at tlw i oiiiuieiicemeiit of my administra-
riw :^iith s been csUbliehv'-l of every
wi lake lii- pt0[i*'rty of any kind im ludinj
it.!o tin- Territories* U'lotifiiti^ e(|iially to
*»tes of the confederacy, and to have i:
ii llii-iC under lh«' li'detal constitution.—
Iluir a tei iitoiiii! l.'**^islatiue noi*
can
(siwcr
Iias
any authoriiy tt annul o.-
•!iis
v. stel iu'lit- Tic supreme judicial
i«f the euuntn, which i- a co ordinate
rf the government, ha* -imriinued and
these pi'iin iples of eon.-tilutional law. mi
rt'i j«-i iu t!,cniselves, and sa» well calen
.•jirettmte (K*ace t«nd harmoii} anions the
It i. a
strikiuj:
pi-of of the scm* of
•khh i» iuhescut in our people, that the
u ia
dlave- has never been
dinUil
4 the in. -tet.
bcd, to
iwWse, iu any of the Ten itories. fcvcji
tat Tin- late tioubles in Kans.is there h.n
uiv attiinpt, I niu eredbly inlorm
iaVft|«"!e, in a simrle iuslaiicc, with the
Had any such attempt Iwen
tkrjudi.iarv would doubtlens hu\aSord
•i^mte remedv. Should thev lail to do
*uft.it wilf thui If time enough to
Wte
mds by fui iher legislation.—
«uih'i tded that ither CongiesK or the
K1.1 1.' iT.slaiure (i«--ct« the pwer to au-
..H)i*ii
she rijiht to projjerty in slave* the
iHilu U- iutoleiablc. In the latter event,
»wM be *tiu^j le for a niajw ity of the
r- «l tWt Le^iJatuie at each Mtcceiv*i\c
in. ami tlv (acre.! rights of pio|K'rty held
the f'ljera] cousiitiitiou would de|M-lid for
•n" U-injs (hi the result. The agitation
tlius be rendered in-essaiit whilst the Ter-
il itwdition remained, tuid its baneful in
woulil keeji alive a d.itigei'OUe exbiteuient
i the peopte of the iever.il StaU's.
i- lias the -t.atiii of a Territory, dot ing the
Mafded by violent political gtruggles
-,'il hi 'lie p!ogre^ of i vents the inhabi
4 ar.t feitito. sliull Irive reached the
»r tvqui[,.i (iiiin a State, they will then
iij i regular maniiei, and in the excr
'•f ti*- righu of |opuUr sovereignty, to form
^tiaitiOB ptetiai atorv to adiuis^ioti into U»e
A'4»*: this hi-# l« en done, to employ the
«f ia,. Kansas and Nebraska act, the\
Wre.ivrj j,,,,, ,|u. i'yion, with ir with
«bvmt im their cotistitutiou may Vstirilx'
of tbeir ailmtMaon.'" Thi* «ouud
W happily lieen o eogtiized iu mm»c
*h*r, by aii almost uiiaiumoui vite of
1»ii ol
the last Con^reML
TUE ML4V K TRaHE.
itvfa] Bn-aiu, at niv command h**0 Mil
I, and «h ill continue to be employed, to
''"n ti'w l»» against tlie Afiicau slave trade.
"*«x.-t careful and rigorouaexamination of
'••«». vtai a thorough iuveatigation of ihe
e n o e e n a e o i s o v e
Our history proves thai the lathers of the |{e
public, iu advume of all other natiotis, condemn
ed the Atrican slave trade. It was, notwith
standing, deemed ex|edient by the franters of
the constitution to deprive Congress of the pow
er to prohibit "migration or iiu|iortatiou of such
persons as any of tlie States now existing tdiall
think propjr to admit'' "prior to the year one
thousand eight hundred and eight."
It w ill be Keen that this retriction on the |K¥
er of Congrefl* was coufineil to such Stall's twilv
as might think proper to admit the importation
of tdaves. It did not extend to otitis' State*, or
to the trade ca: lied on abroad. Accoruinglv,
we find that so early as the 2id of March, 17SM,
ongress passed an act imposing Kcverc penal
ties and punishments upon citizen* and residents
ol tlie I nited States who should engage in this
trade between foreign nations. The provisions
ol this act were extended and enforced bv the
act of liith May, 1S(K*.
have
Again: the States themselves had a clear right
to waive the constitutional privilege intended for
their benefit, and to prohibit, by their own laws,
thin trade at any time they thought proper pre
vious to 18i'8. Several of them exercised this
right Itefore that period, and among them some
containing the greatest number of slavea. This
gave to Congies the immediate power to act in
regard to all such States, be.-au-c thev themselves
had removed the i(institutional barrier. Cou
gtess accordingly passed an act oil 28th February,
1808, "to prevent the importation of eert.iin
IH'ixm* into ccrtaiu States, when-, hv the laws
thereof, their admission is prohibited. In this
maim the importation of African slaves into
the I nited States was, to a great extent prohibi
ted some veat in r.dvance of loos.
at
StiH. i' pi'ojK'r otiii'r
frwtK however !ad and cruel
arlv,-#.
tkrin* th' ir elticf tanee f,
^•1,1 usion that thev a-e imt nvinptoiiis of
I"'1'1"' «""«!, which
mu( in ftill more lUngerou* outiap-s,
t.rtBi Jf t!.c
•i.
V1
abofcfc
!i'*,rn
''u ^"Wh. Whilst,
v«-.t iipprc'heiisi.d.s.
oleinti
wariiin-f to w- nil
aeliiiifj
tlaugei.
tim Cu
•"•'.•'tiliialile \alue as to dr-
wat .'hful \i«il:i ii-e for it^
It Uii« view, li ni.'iiii|iKirc niv
«''itltivate thr
i', J, K -.iiitt: uf f.riH «ram-e anil will
As the year 18nS approached, Congress de
termined not to trnffer this trade to exist even
for a singl day after they had tiu power to
aliolish it. On the lid of March, J8o7, thev
pasM-d mi act to take effect "mini and after the
1st day of January, lHurt," prohibiting the im
portation of African slaves into the I'nited States.
Tliis wa~ followed by subsequent aets of n simi
lar character, to which I need not sp.tcially refer.
Such were the principles anil such the practice
of our ancestors more than titty years r.gu in re
gard to the African slave trade.
to-
ai.d
ti
v to allay the dein in
•?«li.Jial hatred and strife now alive in
Ihit advier' (inn-eed* froni the heart
,, uJu pa!'In fniK'lionary who.-»e wi vices eom-
ttiio tbe lart generation, anionjr the wise
•wrvative ?tale!ii' ii "f that day, no«
»ii
,«iaBeila«
ay,
and hn*e
firsthand
dearest
.„li i# to U-.no his country tr)iii(iiil.
..tCiif. united and jK»»eiiul.
reliei't that
in
thU
aw.
it,
and
tlK'ir cforto within pale of the t'on
,m.
II
Ik-tfie
tliii- ICUISC
rsaS
-um,
1JH
}jm
pursued, the exist-
jt»ti»ii ou the suhjei of domestic slavery'
\-r tliii^
human, a ill ha\e its day and
sine Hi other aiid lesn threatening contro
k I'uMie opinion in thi- eouiiirv i- all
and when it rea« hes a dansrerous es.
»m ijUotion, the jjood st'nse
of tlie
It did not occur to the revered patriots who
had been delegates to the convention, and after
wards became membets of Congress, tint iu
passing these laws they had violated the Consti
tution which they td framed with s i much care
and deliberation. They supposed lh it to prohib
it Congress, in express terms, from exercising a
sp 'cilied power before an appointed day, neces
sarily involved the right to cxcrcisc this power
al lei that day had arrived.
s
j, J,', this nmntry. there is an incssaM
,'in.l r. ttux of •H'wwn-
t'ueu il«v turned a more threati'niitj:
have now nearlv ue Inmi lh.' nn-mory
n TUev ate "vuiean.r.f l.unit nut, and on
v» w.d' a*he» and Hju»li(i 8,-oriic of old
tlie./»•«(" /uJ elive, the cheering
n.
»IJ,| 7)«- »tj-trtifii"— com." Such, in my
,n. wiil prove to tlie fate of the present
nai ••xcik'UK-iit, should thou.- *ho wis ly
i apjl* lh-' reriieilv, i'Ontinu-' always
If this w ere not the case, the Cramers of the
Constitution had expended much labor in vain.
Had they imagined that Congress muld possess
no power to prohibit the trade either liefore or
after ltti.»S, th y would not have taken so much
care to protect the States gainst the exercise
of this power liefore that |criod. Nay, 111 ire,
they would not have attached such vast imp irt
auce to this provision as to have excluded it
from the possibility of future rep al or amend
ment to which other (tortious it the Constitution
were excised. It would, then, have
faiuendine:it
nil Vntuii the corrective ami liriiij it
«iUi'u.
«li Wlf.
fitill. to hasten tin*
au*-
According to the adverse construction, the
daujjc itself, on which so much care and discus
sion had been employed by the Jniembei-s of the
convention, was an absolute nullity finm the be
gijUiing, and all that i* eince been done under
it a mere usurpation.
It was well and wise to confer this
Congress,
power
St.lies,
though never so
much against their will. And why? Because
Afiic.oi slaves, when once brought within the
limits of any one .St :te, in accordance with its
laws,
cimnoi
practii ally Ik excluded from any
other State wl."le slavery exists. And even if
all the States had separately passed laws prohib
iting the importation of slaves, these laws would
have failed of effect for want of a a Hal force to
capture the s'aveis and
to
guard the coasts.t-
Such a force no State can employ in time of
peace witliout the consent of Congress.
These acts of Congress it is believed, have
with very rare and insiguificint exceptions, ac
complished their purpose, i'or a period of more
tli in half a century there has been no perceptible
addition to the number of our micstie slaves.
During ttiis |,:-: ioil tin ir advancement in civiliza
tion has far sui'pa»*eii tj.at of liny other portion
of the Ali ican race. The light aut the blessing*
of Christianity have iieen extended liiclu, jii.j
both their moral and physical condition In.s been
greatly improved.
Re-open the trade, and it would be difficult to
deieniijue whether the effect would lie more del
eterioui* to t',« interei-ts of the master or on
those of the native tjuiii i-!|iin. Of the evils to
the master, the one to In' mot e.ofed ij ould be
the introduction of wild, heathen and ignorant
barbarians among tlie sober, ordesly and ipiiet
•slaves, whose muestotn have been on the soil for
several generations. This might tend to barbar
ize, demoralize and exasjierate the whole mass,
and produce the most deplorable consequences.
The effect uiKiii the existing slave would, if
por-ible, be still lnojv deplorable. At present he
is treated with kind..cs. and humanity, lie is
well treated, well clothed, and not overworked.
His condition is incomparably better than that
of the coolies which modem nations of high civ
ilization have employed as a subs'titute for Afri
can slave*. 11,ith the philanthropy and the self
interest of the master have combined to produce
this humane tesult. But let this trade be ic
opvncd, and what will lie the re -iilc The same,
to a c'lciilerairle extent, as on a neighboring is
land— tin o'ev spot now on earth where the
African slave trade js ojieuly tolerated and this
in defiance of solemu treaties with a power abun
.utlv able at any moment to ciifoue their exe
cution. There master, intent upon present gain,
extorts from the lave as much labor as his piiy.
iivJ powers arc capable of enduring—knowing
thai, death comes to his relief, his place
can lie supplied at «. lirice reduced to the lowest
point by the couijictition of riv_! African slave
trailers. Should this ever lie the case iu our
co.uitrv—which I do not deem possible—the
piv«et useful character of the domestic institu
tion, win rein tho.se too old and too young to
work are provided l^r ivith care and humanity,
and those capable of labor ar. i ot over-tasked,
uld undergo an unfortunate change. Ihe
feeling of reciprocal dependence and attachment
which now exists between uia*ter and si.'.'.e
would I* converted into mutual distrust and hos
tilitv.
But we are obliged a« a Christian and moral
nation to consider what would be the effect upon
unhappv Africa itself, il we should te-ope.i the
hue trade. This would give the trade an impe
and extension which it has never had even in
liule-'t davs. The numerous victim
t.
jediate period from iis fcrst settlemMit tin-
•kail Uvoihe a State, lm-u irrevocably fit
d* )iu*l de. ision of the Supieme Court.
!i*» this leen for the pio-pefitv
''iriiiurHT. *s well as the Irampulily ol the
.Vtmi, cuiig. ant.- from the North and the
'-si. tfcr L*»t ,i.nl tin: I.sl, will uieet ill the
i teitim ou a common platform, hav ii.g
.lit »itk tlieiu Uiat nyecies of pro(H-rty liest
v, ia tbeir opinion, to promote their w« I
irota tutu'ai causes the 'lato question
u t*b "hk. «oou virtually »-tti« itself and
tktr Tei .**iofi is prepaix'd lor atlUlission as
ils- i the i'luol". this decision, one way 0i
%•. i| jlava ioregone conclusion,
••'•lair tlie ttleuicn' ft ihe i»e» Territory
|i'0"n) mhout Moio.'S interruption, and
mid piiM|s'i itv will not te endauget
that
hate '.'eti UuportiKl into the United
,u"'Mcpj
u,„
|l,g0
ert the whole
quired to supplv it would coll
a-l into a ]ierfeet Pandemonium, for which
(M»untrv would hold re.-poiiMJiit1 in tit«'
of both God and num. It* petty tribes v. ould
then be constuiitlv engaged in predatoiv wai
against each other for the purpose ol seizin
sfivc, to eupplv tlie American market Ail
hopes oi Ame«» civilization would thus be
this
"o'n'the other hand, wfcen a market for African
slaves shall no longer be furnished in ulw, and
thus all the world be dosed against this a.
war
among the tribes wil eeti- worn
ever there it uo longer any deinand lor slave .—
The .vsoiirces of that fciti'e but miserable coun
try might then be devclo|W'd by ihe j.alld of ni
ilitstrv and afford subjects for leint.n.atc loieigi,
»n domestic commerce. In this
tianil) and civilization may gradual!? I*«*«"»,e
the cxWtivg gloom.
WMTr WITH cms*.
The wisdom of the tour* r"W«! h* this
government towards China h*s vindicated
bv the event. Wl.il-t wc sustained a neutral po
siVion in the war waged by Great Britain and
France against the Cb:nese empire, our late Mtn
isu in ob'-dience to his instruction*, judiciously
co-operated
with the Ministers of these Powers
iu all peaceful measures to secure by treaty the
just concession* demanded by (he interests of
foreign oomnit*rv«\ The roault w, thw itMjUfac
»orv treaties have been concluded with China by
the r»«neetive Ministers of the United States,
Great Britain, France and Russia. Our "treaty,
or general convention of peace, amity and com
merce," with that empire
vm
following lst||
|)V Wanderer, Hum-
'""tai^n tkrn and four hundred. Tlioae
ii thi* uidawtwl euterpriae have leen
^"r'a^* prawH-uted: bat not with aa much
M..,.*1*"•lWcriiaiii deaerve^ JK MMUiitf
Mil proMcstio^
concluded at
Mientsin on the 18th of June, 1858, and S'as
ratified l»v the President, by and with the advice
and consent of the Senate, on the 21st December
Bomber, !8BS,
JOURNAL
on the 2Hth ol Slav. From thence he proceeded
tol'ekin, on the l(5th of June, but did not ar
ri'«' at that city until the -.'ith July. According
U the term* of the treaty the ratifications were
tt lie exchanged on or before the 18th June,
8i9. This was rendered impossible by reasons
and event* beyond his introl, not necesaary to
detail but still it is due to the Chinese authori
ties at Shanghai to state they always assured him
no advantage should be taken of the delay, and
the pledge has hacn faithfuHv reih-emed.
On the arrival of Mr. Ward at Pekin, he re
quested an audience with the Emperor to pre
sent his letter of credence. This he did not ob
tain in consequence of his very proper refusal to
submit to the humiliating ceremonies required
by the etiquette of this strange [lenple in ap
proaching their sovereign. Nevertheless the in
terviews on this question were conducted in the
most friendly spirit and with all due regard to
his personal feelings and the honor of his coun
try. When a presentation to his Majesty was
found to lie impossible, the letter of credence
from the President was received with peculiar
honors by Kweiling, "the Emperor's Prime Min
ister and the second man in the empire to the
Emperor himself." The ratifications of the
treaty were afterwards, on the ltfth of Ac,gust,
exchanged in projier form at Pei-tsang. As the
exchange did not take place until the day pre
scribed by the treaty, it is. deemed proper, lie
fore its publication, again to submit it to the
Senate.
It is but simple justice
Ihcii
whol­
ly uuiiccess try I i engraft ou the fifth article of
the Constitution. prcM-ribiug the mode of its
own future amendment, the proviso, "that no
which may made prior to the
year 1808 shall in any manner affect'' the provis
ion iu the constitution «cc iritig to the States the
light to admit the importation of African slaves
previous to th.tt period.
to the
It affords me much satisfaction to inform you
that all our difficulties with the republic of Para
guay have lieen saii«!'actorilv adjusted. It hap
p«.v did not become necessary to employ the
force for this purpose which Congress had pi iced
at my command, under joint resolutions of 2d
June, 18o8. Ou the contrary, this President of
that republic, in a friendly spirit, acceded
promptly ti» just -nd reasonable demands of the
government of the United States. Our commis
sioner arrived at Assumption, the capital of the
republic, on the 2."th of January, 185JI, and left
it on the lTtli of February, having |n three
weeks ably and successfully accompl'shed all the
objects of his mission. The treaties which he has
concluded will be immediately submitted to the
Senate.
on
because, had it been left to the States,
its eOicietit exercise would have been impossible.
In that eveut any oue State would have effect
ually continued th« trade wot only for itself but
for all the other slave
John E-
Ward a distinguished citiw-n of Georgia, was
dulv commissioned as an envoy extraordinary
and minister plenipotentiary to bi'ia. lie left
the United States for the place of his destination
on the r-th of February,
bearing
with him a rati-
00^ Gopy thi® tvMtyf Jtfvl •niiwt
In the view that the employment of other than
peaceful means might become necessary to ol
tain "just satisfaction"* front Paraguay, a strong
naval force w as concentrated in Ihe waters of the
I. i l'latt i to await contingencies, whilst our com
missioner a.-c tl,e ••jv«'i' of Assumption.—
The Navy Department is entitled togieat credit
or th" promptness, efficiency and economy with
which this expedition was fit'ed out and conduct
ed. It consist" 1 of nineteen armed vessels,
great and small, carrying 2*"» guns and 2,Sort
men, all under the command of the veteran and
gi ll.nit Shubriek. The entire expenses of the
expedition ive been defrayed out of the ordin irv
appropri itions for the naval service, except the
sum of #289,IHH, applied to the purchase of se
ven of tjjo sreamors, constituting as part of it,
under the authority of the naval appropriation
act of the Kd March ia-t. i! is Ijelieve 1 that
these steamers are worth more thai, their cos',
and they a re now usefully and actively employed
in the naval service.
The appearance of so large a force, fitted out
n such a prouipt inner, in the far distant wa
»rs «.! tfie I,a Phta,
a
a
remains
O I I S
Ad the nimir.'ble conduct
if ihe office).* au'j n eij eiuvloped in it, have
made
happy effect in fuvo. of our country
throughout all that remote portion of the world.
Ol'H RKI.aTIONS WITH SPAIV.
Our relations wi the great empires of France
and Itussi.1, as well as with all other government*
on the continent of Europe, unless we may ex
cept that of Spain, hippily continue to be of the
insist friendl" i ll
which
more than
a hundred of our citizens are directly interested,
unsatisfied, notwithstanding both their
justice and their amount ($128,fi33..~i4) had lieen
recognized and ascertained by the Spanish Gov
ernment itself.
I again ri'vomtyend th it an appropriation lie
luaite to lie paid to the Spanish Government
lor the purpose of distribution among the claim
ants in the Aniist id case." In common with
two of my predecessor:-!, I entertain no doubt
that this is required by our treaty with Spain of
the "iTUi October, 17'". The failure to discharge
this obligation lias been employed by the Cabi
net of Madrid us a reason against the settlement
of our claims.
ITRl'HASE or ITBA.
I need not repeat the arguments which I urged
in niv last aumi il message in favor of the acqui
sition ot' Cuba by fair purchase. My opinions
on that measure remain uilch inged. 1 therelbre
again invite the serious attention of Congress to
this important subject. Witliout a recognition
of this policy on their part, it will be almost im
possible to institute negotiations with any reason
able |..')»|'ect of success.
(ONTKOVKKsV WITH I .UK
AT BRITAIN.
Until a recent jieriod there wis gooil reason to
suppose that I should lie able to announce to you
on the present occasion that our difficulties with
Great Britain, arising out of the Cliyton and
Bulwcr Treaty, had been finally adjusted in a
Uititi.jer alike honorable and srtisfactorv to both
n lies. from i iuses, however, which the Brit
ish Government but not anticipated, thev hive
not vet completed treaty uiruig-'meiits with the
Republics of Honduras and Niciiagua, in pursu
ance with the undemanding between the two
Governments. It U, uevertheleas, confidently
oipccted tlmt this good work will ere long be
accompli-bed.
e.
we mav then indulge a reasonable li pc for th.
gradual improvement of Africa. The chief
tiv« *f
Whilst indulging the hope ftlat no other sun
ject
remained
which could disturb the good un­
derstanding between the two countries, the ques
tion arising out ol the adverse claims of the par
ties to the Island of San Juan, under the Oregon
'Jfit'a!»' of the 15th of June, 1846, suddenly
on the disputed ground* which arc calculated to
revoke an? conflicts, so far as it can tie done
without imLtylng the concession to the authort
tie* of Great Britain of «e "f'" ,°^r
the premises. The tit e ought to be s.u|cd be
fore either party ahould attempt to exclude the
other bv force, or exercise complete and exclusive
sovemie rig}?'" «'lthin
U,e fKirlv
""in acknowledging the receipt on the neat day
of Mi MarcVs iote, the British Minister express
ed LU entire concurrence in the propriety of
the course recommended to the Governor of
Washington territory by your I Mr, Marcyi.)m-
NEW8.
on
States."
Thus matters remained upon the faith of this
iri ingeinent nntil the 9th of July last, wh n
General II u-ney p\id visit to the Island. He
.bund upon it twenty-five American residents
wi ll their imilies, and also an establishment of
th- Hudson Bay Compiny for the purpose of
riising sheep. A short time before hi- nrrival
one of these resident' hid shot an animal l*e
louging to the company, whilst trespassing upon
lii- premises, for which, however, he offered to
pay twice its value but that was refused. Soon
.'.tier, the "chief actor of the comp nv at Vie'o
i i i, Mr. lh
'S,
Chinese
author­
ities to observe, that, throughout the whole tran
saction, they appear to have acted in good faith
and in u friendly spirit towards the 1" nited States.
It is true this has been done after their own pe
culiar fashion hut we ought to regard with
our
a
lenient eye the ancient customs of an empire da
ting luck for thousand* of years, as far as this
may be consistent with our own national honor.
The conduct of
minister on the occasion has
received my entire approbation.
In order to c.irrv out the spirit of this treaty,
and to give it full effect, it lieeame' necessary to
conclude two supplemental conventions—the one
for the adjustment and satisfaction of the claims
of our citizens, and the other to fix the tariff on
iiu|Kii ts and exports, and to regulate the transit
duties and trade of our merch mts with China.—
This duty was satisfactorily performed by our
late minister. These conventions bear date at
Shanghai on the 8th of November, 1S38. Hav
ing been considered in the light of binding agree
ments subsidiary to the principd treaty, and to
be carried into execution without delay", they do
not provide for any formal ratification or ex
change of ratifications by the contracting par
ties. This was not deemed neccss.ry by the
Chinese, who are already proceeding in good
faith to satisfy the claims of our citizens, and. it
is hoped, to eirry o,,t tiie other provisions of the
conventions. Still I thought it was proper
to submit them to the Senate, by which they
were ratified on the «d March, 18.V. Th#
ratified copies, however, did not reach Shanghai
until after th.i departure of our minister to IV
kiti, and these conventions could not, therefore,
be exchanged at the same time with the princi
pal treaty. No doubt is entertained tint they
will be ratified and exch-mged by the Chinese
government, should this be thought ad\isible
but, under the circumstances presented, I sliall
consider them binding engagements from their
date ou both pirtics, and cause them to be pub
lished as such for the information and guidance
of our merchants trading with the Chinese em
pire.
troops
I regret to inform von that there has been no
improvement in the atf'airs of Mexico since my
la-t annual me-sage, and I am again obliged to
ask the e irne-t attention of Congress to the un
li ippy condition of th Republic.
Tl e constituent Congress of Mexico, which
adjourned on the 17tli of Februiry, 1857, adopt
ed a constitution and provided for a popular
election. This took pi tee in the following July
(18.il), and Gener.il Comonfort «as chosen Pres
ident, almost without opposition. At the itnc
election a new Congress was chosen, whose first
session conuncnccd on the lliih of September,
IS.". 7. By the const it ut ion of 1857, the Presi
dent i I term w.\s to begin on the 1st of Decem
ber, 18.17 .and continue for four years. On that
day General Comonfort appeared before the as
sembled Congress iu the City of Mexico, took
the oath to support the new constitution, and
was dulv inaugurated as President. Within a
lu mi la- annual niesMgo I presented a state- month aftirwards lie li lieen driven from the
e ipitil, and a military rebellion had assigned the
sui.ietu power of the Hcpublic to Gen. Zuloagi.
mont of the unsatisfactory condition of our r»
lations with Spain and I regret to say that tiiu
has not materially iie.pioved. Without s|»ecial
reference to other claims, even the Cuban
•laiuis," the payment of which has been ably
urged by our Ministers, and in
The constitution provided tli it iu the absence of
the President his office should devolve upon the
Chief Justice of the Supreme Court, and Gen.
Comonfort ht'ving left the country, this function
ary, Gen. Jtnrez, proceeded to form, at Gu-nd
ju.'t i. ti constiiu ion il government. Befoje this
officially known, however, at the capital, the
government of Zuloaga had been recognized by
the entire diplomatic corps, including the Minis
ter of the United St ites, as the
iAssivf?'
BURLINGTON, IOWA, SATURDAY, JANUARY 7,«18W.
North America," and had earnestly reeommeml
•d to his Excellency to take such uiea-lire' as to
him in iv appear best calculated to secure, on the
::'t of the British loc authorities and the in
ii 'lit mts of the neighborhood of the line in
e'stion, the exercise of the sauie spirit
of
bearance which is inculcated by
for­
TOO
the
(Mr. Mtrcy)
authorities and citizens
of the
Unit
son-in-law of Governor Douglas,
eiieie to the Island in the British sloop-of-w ar
Satellite, and threatened to tike this Americ .n
(M'\ Cutler) by force to Victoria, to answer for
111 trespiss he hail committed. The Americ :n
s 'i.-cd his rifle, and told Mr. Dalles that if any
attempt was uiade he would kill liiui on tlie
spot. The affair then ended."
1'nder these circmnst inccs the American
S"t-
tliv. presented a petition to the General "through
the I'nited States Inspector of Customs, Mr.
llu'ibs, to place a force upon the Island, to pro
tect thetri from the Indi ins as well as the oppres
sive interference of the authorities of the Hud
-on Hav Company at Victoria with their rights,
a- American citizens." The General imiiiedi.it. Iv
responded to this petition, and Capt in Geo. B.
Picket, (Mi Infantry, to "establish his compiny
on Believue, or Sin .In in Island, on some suita
ble position near the Harbor at the south-eastern
ex reiuity." This order was promptly olieved,
and a tnilitiry post was established at the pi ice
de ignited. The force was afterwaiiis increased,
so that by the list return, the whole number of
then on the Island amounted in the ag
gi cg ite to 1 men.
Whilst I do not deem it proper on the present
oec edon to go further into the subject, and dis­
cuss
the weight which ought to be attached to
the statements of the British colonial authori
ties, contesting the accuracy of the information
on which the gallant General acted, is was due
to him that I should thus present his own reasons
for issuing the order to Captain Picket. From
tic e it is quite clear his object was to prevent
tli" British Authorities on Vaneouvre's Island
from exercising jurisdiction over American rc-i-
dcnTs
on the Island of San Juan, as well as
to protect them against the incursions of the
Indian
Much excitement prevailed for some time
throughout that region, and serious danger of
collision between the parties was apprehended.
Tiie British id a large naval force in the vicini
ty: nd it is but an act of simple justice to the
Ailuiir on that st rtion to st te that he wisely
•in.i di-creetlv forbore to commit any hostile act,
but determined to refer the whole affair to his
Government and await their instructions.
Tiie,
aspect ol the -tier, in my opinion, de
manded serious attention. It would have been a
gre calamity for both nations had they been
piviipitatcd into acts ol hostility, not on the
que
tion of title to the islam^ but merely con
cerning what should be its condition durin'g the
intervening period whilst the two governments
might be employed in settling the question to
which of them it belongs. For this reason Lt.
General Scott wns 11 i-patched on the 17th Sep
tember la-t to Washington Territory to take im
mediate cotiimand of the United States forces on
the 1'aci'tc Coast should he deem this necessary.
The
main object of his mission was to carry out
the spirit of the pree anion irv arrangements be
tween the late S civtary of State nd the British
Minister, and tins to preserve the pe ice and
prevent collsion between the British and Ameri
can Authorities pending the negotiation between
tiie two Governments Entertaining t.o doubt of
the validity of o'ir title I need scarcely add that,
in a iv event, Americ.in citizens were to he placed
on a footing at least as favorable as that of Brit
ish subjects, it being understood that :pt iin
Picket's company should remain on the Island.
It is proper to observe that, considering the dis
nice from the scene of action, and iu ig
norance of what niijr'nt have transpired on the
spot bt'iore the Gener. I s arrival, it was necessa
ry t.» leave much |o his discretion, and I am ha|
py to state the event lia- proven that this dis
cretion could not have been entrusted to more
competent hands General Seott has recently
returned from from his mission hiving success
u y a o i s e i s o e a n e e i n o
longer any go.nl reason to apprehend a colli
sion between the forces of the two countries
during the pendency of the existing negotia
tion!.
*KTICO.
Unless
f,irf»
govern­
ment of Mexico. The constitution il President,
nevertheless maintained his position with firmness
and was soon established with his cabinet at
Vet i Cruz. Meanwhile, the government of Zu
lu eg was earnestly resisted in many parts of the
lieptildic, t.nd even in the capital, portion of
the army having pronounced ag linst it? functions
Ije.e declared terminated, and an assembly of
citizens was invited lor the choice of a mw Pres
ident. This assembly elected General Mir.imoli,
but that officer repudi ited the pi in under which
he was chosen, nnd Zulo'gi was thus restored to
his previous position. He assumed it, however,
only to withdriw from it, and Miramon having
bec -mie by his appointment President Substi
tute,"' continues with that title, at the head ol
the insurgent party.
Iti mv last itntiutl message I communicated to
Congress the cit cumstances under which the late
Minister of the United States suspended his offi
cial relations with the central government, and
withdrew from the country. It was impossible
to maintain friendly intercourse with a govern
ment. like that ut the capital, under whose usurp
ed authority wrongs were constantly committed
but never redressed. Had this been an estab
lished government, with its power extending by
the consent of the people, over the whole of
Mexico, a resort to hostilities against it would
have been quite justifiable, and indeed necessary.
But the couti'rv was a prey to civil war: and it
was hoped th the success' of the constitutional
President might lead to a condition of things less
injurious to the I'nited States. This success be
came so probable that, in January fast, I cm
ployed a reliable nirent to visit Mexico, and re
port to me the actual condition and prospects of
the contending parties. In consequence of his
report, and from information which reached me
from other sources, favorable to the prospects of
the constitutional eau«e, I felt justified in ap
pointing a new ministir to Mexico, who lorght
embrace the ei liest suitable opportunity of re
•loriiifc ou, diplomatic relations with that repuli
lie. For this purpose a distinguished eitiien of
KS-
sumetl a ttoreatcMin i.nmiinence. In order to
prevent unfortunite collisions »u tbd i-niote
froutler, the lute Secretary of State, on Uie 17th
of Jnlv," 1855, addressed a note to Ml. ('rampton,
the British Minister at Washington, coiiimuuica
tin" to him a copy of the instructions which he
/Mr \Carcr) had given on the 14th ol July, to
Governor oie.eu" of Washington Territory,
hiving a special icferencc to at, api^ rcK-r-ded
conflict between our citizens and the firitisti sub
iects on the Isluid of gin Jum." .To prevent
this the Governor was Instructed, that the offi
cers of the Territory should absuin from all acts
Maryland was selected, who proceeded on his
mission on the 8th of March last, with disere
tio iarv authority to recognize the government of
Pr.isidcnt Juarez, if on his arrival in Mexico he
should find it entitled to such recognition, ac
cording to
the
established
the 7th of
they have
April following,
government of Juarez
ever
ly dispoaition towards
liappilv, however,
has
whole Republic. It is supported
dwPut,'d
force
I K A U K K A O U U K A K K E S o
•ivil war. especially in Mexico, are eonat'intly
recumng. Cut rages of the worst description are
committed both upon peraons and property.—
There is scarcely any form of injury which has
not been suffered by our citizens in Mexico dur
ing the last few years. We have been nominally
at peaee with that Republic, but, "no far as the
interests of our commcrce or of our citizens who
have visited the country as merchants, shipmas
ters, or in other capacities, are concerned, we
might as well have been at war." Life has been
insecure, property unprotected, and trade impos
sible, except at a risk of loss which prudent men
cannot be expected to incur. Important con
tracts. involving large expenditure, entered into
by the central government, have lieen get at de
fiance br the local governments. Peaceful Amer
ican residents, occupying their rightful pos-es
sions, hare been suddenly expelled the country,
in defiance of treaties, and by the mere force of
arbitrary power. Even the course of justice has
not lieen safe from control, and a recent decree
of Miramon permits the intervention of govern
ment in all suits where cither irty is a foreign
er. Veascls of the United States have lieen
seized without law, and a consular officer who
protested against such seizure has lieen fined and
imprisoned for disrespect to the authorities.—
Military contributions have been levied in viola
tion of every principle of right, and the Ameri
can who resisted the lawless demand has had his
property forcibly taken away, and lias been him
self banished. From a conflict of authority in
different parts of the country, tariff duties which
have been paid in one ulace have been exacted
over again in another place.
Large nu'iiln-rs of our ci iz.eus have been ar
rested and imprisoned without any form of ex
amination or any opportunity for a
heat
ing, and
even when released have only obtained their
liberty after much suffering and injury, and with
out any hope of redress. The wholesale massa
cre of Crabbe and his associates without tri il in
Sonora, as well as the seizure and murder of four
sick Americans who had taken shelter in the
house of an American, upon the soil of the Uni
ted Slates, was communicated to Congress at its
last session. Murders of a still more atrocious
character have been committed in the very heart
of Mexico, under the authority of Miramon's gov
ernment, during the present year. Some of these
were only worthy of a irbarous age, and, if they
had not been clearly proven, would have seemed
impossible in a country which claims to lie civil
ized. Of this description was the brutal massacre
in April last, by order of General Marquee, of
three American physicians, who were seized in
the hospital at Tacubaya while attending upon
the sick and dung of both parties, and without
trial, us without crime, were hurried away to
speedy execution. Little
less
shocking was the
fate of Ormond Chase, who was shot in Tepic on
the 7th of August, by order of the same Mexican
general, not only without trial, but without any
conjecture by his friends of the cause of his ar
rest. He is presented as a young man of good
character and intelligence, who had made numer
ous friends in Tepic by the courage and human
ity which he had displ .ved ou several trying oc
casions, and his death was as unexpected as it
w is shocking to the whole community. Other
outrages might be cnumer-ted, but these are
sufficient to illustrate the wretched state of the
country and the unprotected condition of the
person.- and property of our citizens in Mexico.
Iu all these caaes our ministers have been con
stant and faithful in their demands for redress,
but both tl«ev and this government, which they
have successively represented, have I wen wholly
powerless to make their dem nds effective. Their
testimony in this re .pec', and in reference to the
only remedy, which, in their judgments, would
meet the exigency, has been both uniform and
emphatic. "Nothing but a manifestation of the
power of the government of the I'nited States
[wrote our late minister in 1850], and its purpose
to punish these wrongs will avail. I assure you
that the universal belief here is that then' is
nothing to be pprehended from the government
of the United States, and that local Mexican offi
cials can commit these outrages upon Americ ,n
citizen? with absolute impunity.'' "I hope the
President" (wrote our pre-fnt Minister in August
last) "will feel authorized to ask from Congress
the Power to enter Mexico with the military
forces of the United States, at the call of the
constitutional uthoritics. in order to protect the
citizens and the treaty rights of the United States.
such a power id conferred upon hinr., nei
ther the one nor the other will lie respected in
the existing st ite of anarchy and disorder, and
the outrages already perpetrated will rieter In
ch isti-ed and, as I assured you in my No. 23,
all thSse evils must increase until every vestige
of order and government din ippears from the
country." I have been reluctantly led to the
sim" opinion, and in justice to my countrymen
who have suffered wrongs from Mexico, and who
may still suffer them I feel boand to announce
this conclusion toCongiiss.
The case presented, however, is not merely a
case of individual claims, although our just claims
against Mexico have reached a very large amount.
Nor is it merely the case of protection to the
lives and properly of the few Americ in citizens
who may still remain in Mexico, although the
life and property of even American citizen ought
to lie sacredly protected in every quart- of the
world. But it is a question which relates to the
future as wall a.s to the present and the past, anil
which involves indirectly at least, the whole sub
ject of our duty to Mexico as a neighboring
State. The exercise of the power of the United
Stales iu that country to redress the wrongs and
protect the rights of our own citizens is none the
less to be desired, because efficient and necessary
aid may thu- be rendered at the ome time, to
restore jieace and order to Mexico its"lf. In the
accomplishment of this result the people of the
United States must necessarily feel a deep and
earnest interest. Mexico ought to lie a rich and
prosperous and powerful icpublic. She possesses
an extensive territory, a fertile soil, and an in
calculable store of mineral resources. She occu
pies an important po-itiou beUuen the Gulf and
the ocean for transit routes and for commerce.
Is it possible that s ieh a country as this can be
given up to anarchy and ruin without an effort
from any quarter for its rescue and its safety?—
Will the commercial nations of the world, which
have so many interests connected with it, remain
wholly indifferent to such a result? in the
United States, especially, which ought to sh .re
most largely in its commercial intercourse, allow
their immediate neighbors thus to destroy itself
and injure their neiglibor? Yet, without support
from some quarter, it is impossible to perceive
how Mexico can resume her position among na
tions and enter upon a career which promises
any good results. The aid which she requires,
and which the interests of all commercial coun
tries require that she should have, it belongs to
this government to render, not only by virtue of
our neighborhood to Mexico, along whose terri
tory we have a continuous frontier of nearly a
thousand miles, hut by virtue, also, of our estab
lished policy, which is incon i.-tent with the in
tervention of any European Power in the domes
tic concerns of iliat republic.
The wrongs which wc liaie suffered from Mex
ico are before the world, and must deeply im
press every American citizen. A government
which is either unable or unwilling to redress
suJi wrongs i» derelict to its highest duties.—
l'he difficulty consists in selecting and enforcing
the remedy. We may in vain apply to the con
stitutional government at Vera Cruz, although
it is well disposed to do us justice, for adequate
redress. Whilst its authority is acknowledged
iu all the important ports and throughout the
sea coasts of the republic, its power docs not ex
tend to the city of Mexico and the states in its
vicinity, where nearly all tin recent outrages
have been committed ou Auierican citizens. We
must penetrate into the interior before we can
reach the offenders, and this can only be done
by passing through the territory it) the occupa
tion ol the constitutional government.
The most acceptable and le.ist difficult mo le
of accomplishing the object will fie to act in
concert with that government. Their consent
and their aid might, I believe, be obtained but
if uot, our obligation to protect our own citizen?
in their just rights, secured by treaty, would not
be the less imperative. For these reasons, I re-
Ciimmcnd
practice
Sl ttes.
of th.e
On
United
Mr.
McLane presented his credentials to President
Jutrez,
having no hesitation "in pronouncing
the
to be the
only existing
government of the republic." He wtis cordially
received by the
authorities
at Vera
Cruz, and
since manifested
the moat friend­
the
United
States. Un-
the constitutional government
not been
aide to establiah
it* power over the
by
uo obedience.
a large ma­
jority of the people and the State*, bot there are
important
part* of
the country where
it
can en­
General Miramon maintains himaelf at the
capital and in
*ome
of the distant province*
there are military governor* who pay little rea-
^o tirnl inffltlii»Utin^I copy of th'.t p«ct to the toWof either gOTen^»ei,tJii the
to Cong ess to pass a law authorizing
the c-'.dint, under sii.h cmid.t.ons as they
may deem expedient, to employ a sufficient iniii
ta.y fjree to enter Mexico fer the pit pose ofob
laiiuiig indemnity lor the past and se urity for
the future. I purposely refrain from any sug
gestions as to whether this force shdl consist of
regular I'oop* or volunt -era, or both. This qu
Uuit iif iy be mast app-optiate)/ (eft to the de
cision of t'tigress. 1 would nier, ly cbs -rve that,
should voluntee.s be s i -cted, su ba force could
lie easily raised in this country am ing those who
sympathize with the sufferings of our unfortun
ate fell w citizens iu Mexico, and with tlie un
happy condition of that It-public. I i that event
there is no reason to .ubt that the just claim of
our citizens would be satisfied and adequate re
dress obtained for the iujuries inflicted upon
them. The constitutional government have ev
er evinced a strong desire to do us justice, and
this might be secured in advance by a prelimiua
ry treaty.
It uiay be said that thes measures will, at
least indirectly, be inconsistent with our wise
•ud settled policy not to interfere in the domes
tic coucerns of foreign nation*. But does uot
the present case fairly constitute an exception.
a
l!.S_!«i» kAnuMt.i la in
a
An republic Ilil) a state of
5SP
and oufusioii, from which she has proved
whollv
unable to extricate her-elf. She is entirely
borders, or to prevent the ineur«on« of banditti
into our territory. In her fate and in her for
tune—in her power to establish and maintain a
settled government—we have
est. »o -ially, commercially and-, politi ally than
any other nation. She is now a wreck upon the
ocean, driven about as she is ini ielled bv differ
ent factious. As a good neighbor, shall we not
extend to her a helping hand tusave her?
do not, it would not be surprising should .sviuo
other nation undertake the task, and thus force
us to interfere at 1 ist, under circumstances of in
creased difficulty, for the maintenance of our es
tablished policy.
I
repeat
Iwt
annual
message
MCARAOt'A.
The treaty with Nicaragua of the 16th of Feb
ruary, 1857, to which I referred in my last annu
al mess -ge, failed to receive the ratific ition of
the government of that republic, for reasons
which I need not mention. A similar treaty is
been since concluded between the parties, bear
ing date on the 1
•ith March, 1859, which has
already lieen ratified by tle Nicaragua Congress.
This will be inimediitely submitted to Congress
for their ratification. Iu provisions cannot, I
think, fail to acccptible to the people of both
countries.
Our el lims against the governments of Co ta
Rica, and .Vicar igua remain unredressed, though
they are pressed in an earnest manner, an.l not
without hope of success.
1 deem it my duty once more earnestly to rec
ommend to Congress the issige of a law au
thorizing the President to employ the naval force
at his command for the purpo,e of protecting
the lives and property of American citizens .sss
ing in transit across the Pan an i, Nic iragua and
TehuanU'pee rout s,
ug
linst sudden and lawless
outbreaks and depredations. I.sh 11 not rcpeit
the arguments employed in former messages in
gupport of this measure.
Suffice it to say that the lives of many of our
people, and the security of vast amounts of treas
ure passing and rep assing over one or more of
these routs between the Atlantic and Pacific,
may Vie
deeply
involved in tlnTmiction of Congress
on this subject.
AITBOBITV ASKED.
I would alsn HgHin recmunu-nil to'Congresn that
authority
tw given to the I'ri-sident to employ the
naval
force to pro­
tect Aiiiericmi merchant vessels, their crews and enrfcoi*,
against violent iinil lawl-.s. st-iyaire hikI confiscation ill tiie
ports of Mexico and the Sp:Oi sli American States when
these countries may I*? in a UislurlieU and revolutionary
condition. The me,-:' ku ali'il-r that such an authority
hail iii tn conferred, as 1 have already stated, would of it
self in a irreat dep-tv, prevent the evd. Neither would
this require any additional appropriation for the naval »er
vi ce.
The chief objection urcc against the grant of this au
thority ia that Congress, by eonfei riiv it, would violate
the conalit ut ion—ilmt it would be transfer of the war-
makinjr, or. strictly speaking, tin- war divlaring pnwer to
the Executive. If this were well found -d, it would, of
Course, t«- conclusive. A very brief examination, however,
wiii place this objection at rest.
t'oiiin-css possesses i he sole and exclusive power, under
the constitution "t i declare war." 1 hey alone can "raise
and support armi.'i" and provide and maintain a navy."
Bui afier I "lip- shall have declared war, and provid
ed the farce necessary to carry it on, the Pr s deiit as Cotu
tuamler in-Chief of the army and navy, can alone employ
this fei-cc in making war against the enemy. Tliis is the
plain language, ami history proven that it was the welt
known intention of the framers of the constitution.
It will not he denied that the general "jKiwer to declare
war" is ulthout limitation, and emtji-aees within itself not
only what writers on the law of nations term a put»!:c or
perfect war, hut also an imperfect war -and, in short,
every species of hostility, however coutined or limited.—
Without the authority of Congress, the President cannot
fire .s hostile ^u:, ia ..ay case, except to repel ihe attacks
of an enemy, ft will not lie doubted tliat under this
power Congress could if they thought proper, uuthorize
the President to employ the force at his command tu seize
a vessel 1 o [online to an American citizen which had ljeen
illegally and unjustly captured in a foreign port and re
store it to its owner. But can ronffressonty act after the
fact, after the mischief has l-eeti done Have they no
power to confer upon the President tiie authority ill ad
vance to furnish instant redress should such a case after
wards occur? Must they wait until after the mischief has
been done, and can they appl.v the remedy only when it is
too late To confer this authoiity to meet future cases un
der circumstances strictly spccitied, ii as clearly within the
war-declaring power as such an authority conferred upon
the President by act of Congress afiti the deed hail l#en
done. Iu the progress of a great nation many exigencies
must arise imperatively requiring that Congress should au
thorize the President to act promptly on certain conditions
which may or may not afterwards arise. Our Instory has
already presented a number of fuch ea»- s 1 shall refer
onlyV the latest.
1 nder tlie resolution of June 2, 1
-S.S, -fur the adjust
ment of ilnilcultics with the Republic of Paraguay,' the
President is „jthorized to adopt such measures and use
li fore*- as in his judgment may be necessary and advi
sable, in the event of tiie refusal of a just satisfaction by
the ll.ntrnajciit of Paraguay." "Just satisfaction" for
what For the "attack on tiie I nited States steamer
Water Witch," and "other matters referred to in the an
nual message of the President/' Here the power is ex
pressh granted upon the condition that the g:
aawvky
POST OFFICE.
The Thirty-fifth Con^iv^s terminated 011 the thud of
»rch, Ivi*. witliout having pas»ed the "act making ap
propriavhi-f.»r the service of tiie Po«t Ollice Department
during the fiscal year ending June, This act also
contained an appropriation "to supply deficiencies iu the
nue of the Post Oilice Department for the year ending
th** #th of June, I lelieve this the first instance
since the formation «f the IVderal government, now more
than seventy years a#, w hen any ou^ress went out of
existence without liaviug parsed all the general apprapri
au.'U lull' ne.essary to carry on the government uutll the
regular period for the meeting of a n«.w Congress. This
event imposed on the executive
presented a choice of evils.
Had this omission of duty occurred at the first Congress,
the remedy would have heen plain. I might then have
instantly recalh.d them to complete their work and thi*
without expense to the gov eminent. Ltut on the 4th of
March last there were l^i of the lh»rty-three Slates nhich
bad not elected any Representative to the present in
gress. Had Ci. unless been called together immediately,
these States would have heen virtually disfranchised. If
an intermediate period had U« ti selected, several of the
States would have t*een compelled to hold extra ses^tous of
their Legislatures at great iucouvenience ami expense, to
provide for elections at ail earlier day than that pvevioiwly
fixed by l*J. In the regular course ten of these States
Wwuld not elect until after the beginning of August, and
five of Hies** ten not until Oetooer and ember.
Ou the other hand, when i came to exa.mue carefully the
nditioii the Po*t Oihce le,»artaient, 1 did not tuett as
many or great dilliculties a^ I h.nl apprehen«lel. Had
the Ull which failetl t»een eon!in* to appropriation^ liie
fiscal year ending n ihe «inth June next, there wo»ihl
have lecn no rea-..»n of pies-dn, importance for the call of
an extra «-^on. Nothing would Oerome due on contracts
(those with railroad com|*anie^ ..lily excepted) for can^vin/
the mail f-»r the first quarter of ihe fiscal year commenting
on the Ut of July, until the 1st of Decemi^r—leaM than "lie
week before the meeting of the present Congress. The
reason is that the mail contractor* for the current war did
not complete their titst quarter'* service until the Mh
September last and i.y the terms of th.-ir contracts \ty
davs more are allowed the )e.tle.ueiJt of their accounts
before the Department could U» called upon lor payment.
The great oilticult and the gre»t hardhp ••n^te I tn
the tauure to pro» td»- for the payu.eiit of the deficieury In
the fiscal year endiug the^Mnh June, lv^. The trt
nieut had entered into contracts, in obedience u exiting
la»*s, for the service of tiiat fiscal year, anu Ihe contn
were fairly entitled lo their (•••aipen.^tion as it
due. The dt ficieacy, a» stated in tlie bill, amounted to
but after a careful hettieuient o( all them
counts, it has ieeu ascertained that U amounts to ^4.
tN*-!. With the scanty tueaus at Itis coumuMid, the Pi»st
1 master General luu managed to pav that portion of tbi:
fl.iency winch incurred Lu the urat two larlersni the past
fisciU \ear. ending on the Hist uf Decemlhir last. In the
meantime the contractor* themselves, under thce trying
circutustauces have lehaved in a tuatinet *..iih, «ll
commendation. 'I'he.v irnd one ie*m,ce in th»* u.id-: of
their eniiarrassineuts. After the amount due
tii-'O hsd been a*certaine«i aud finally settled accortluig to
tliis bec.uue a»|iecific del»t rv*C"rd agam^t the t'nited
fci ates, which enahl-I them to borrow mouey on thl» un
questionable security. *uil tiicv were obhged to pay In
teres! In n*e pienee of the default of Connie**, and on
every principle of justice ought to receive interest from the
Uorermnent. Tbi# iuteresi should com uence Irun the
date a hen a warrant would have issued for the payment o
the principal bad au appropriation beeu made for this pur
pog«? Calculated up t«» I»t of December, It will nut exceed
—a sum not to be taken iu acctont when contracted
with the reat difficulties and e.ubarraasments of public and
private character, both to the people atvi the States, which
would have resulted front tlie convening and holding a
special seaaiou of Congress.
For 1
bene reasons I recommend the }*s*age of a bill,
as early a day as may I«e practicable, to provide »r
payment of the aavmn', with interest, due to these last
mentioned coutractors, as well a* to make Uk necessary
appropriations for the *ervice of Uie Poat Office Depart
ment for the current fiscal year.
KLKi Tiox or axaaaaa
[JUNE, \m.
which all oathms wl upal to en o—m hi ttwtr pro
gress. the rerjr sal ration of oar Institutions may be atakad
upon the aueiuNing of Oongrea* wi*V-«t May.
.les-
Imt
tit ite of the power to maintain peace upon
such circunutances. the Prwiiletit ta4 hha*-tf la
the condition In whlrh lie was pine. I
r.z.
the conditi'UJ ihnt the government
Paraguay shall ivfu*o to rentier this
this and other aimiUr ciwes CongT*sw have conferred upon
tlH- iVtJiiiU-nt power in advance to employ Ihe army and
navy upon tlie happening »f contingent future ••vents and
this most certainly ia embraced nititin tlie power to declare
i\ if this conditional and ntin/ent power could he
constitutionally conferred upon the President in the ca.se of
Paraguay, why may it. not be conferred for the purj^se of
protecting the live* and property of American citizens In
that they may Ik* violently and unlanfully at
tacked in pacing over the transit route* to and from Cali
fornia, or availed hv the seizure of their ve^cUin a foreign
port To deny this power is to rentier the navy in a great
legret useless for the protection of the* lir#* and property
.f American cittzeus 111 couutrivs where neither protection
nor redress can he otherwise obtained.
a
failure to pass tlie P-»»t Office bill nm-mwrlly give*
birth t« sertous rettectious. Congress, by refusing to pasa
the general appropriation W!!s necessary to carry on the
got eminent may not only artert its artion, bat might even
destroy lu existence. The army, tlie nary, tbe judiciary—
In shor every department of g*» eminent --can no longer
perform tlielr functions If Oasgresa wfuae tha mcioey nec
esaarr for their support. If tuis failure should taach tlie
country the necessity of electing a full ongress in .ullicient
thoe u enable the Prwrtdent to cou.eoe Uiew In any
emercem-y even Immediately after the old Congress has
e&utred u wfu hare been p-odi*tire of great good. In a
...I damw n» ll il Willi
V-™a
1
soddao anil alarming dangsr, foreign or
dniasMle,
at
I
R1r.i^iit«tiv»
dent
with
AB1Z0NA.
to the president to est tblish one or more tempo
rary military posts across the Mexican lin. in
Sonora and Chihuahua, where these may Ite
necessary to protect the lives and property- of
American and Mexican citizens against the iu. ur
sions and depredati ms of the Indians, as well as
lawless lovers on the remote regien. The esl ib
lishment of one post at a point called Ari-|.e,
in Son ra, in a country now almost depopulated
by the istile inroads of the Indi ills froui our
side of the line, would, it is believed, have pre
vented much injury and cruelties during the past
season. A st ite of lawlessness and violence pee
veils on that distant frontier. Lile and property
are there wh dly insecure. The population of
Arizona, now numbering more than ten th jusand
s mis, and practically destitute of government, of
law s, or of any regular administration of justice.
Murder, rapine, and other crimes are committed
wish impunity. I therefore gain call Ihe atten
tion of Congress lo tlie necessity of establishing
a territorial govercuient over Arizona.
the ctaae of the Suing
IjMt Conger*, with nearly half ike Ct«i«s sTOw Cafaa
i u e o e v e n a i v e e o o s e k e s
MroiH.
a
far deeper inter­
thmfcre neonmnd tn
Mxrch
throughout all (he Wrla. Thajr have al-
ready appointed a dajr for
Ihe
Mid
Vice
tero"urse
tlie recommendation contained iu my
have
that authority
may
be given
eterilori rfrtwHntoPmi. COUnfT, WI*
Prerident, and
If
we
proved
by
tbe country
Ihk ui-aarc hM feaan ap. Ihermf ten mtHM
TBI FACiriC BAIl.tu'S.
I w nuld attain rxpras a moat deciilr.1 opiokm In liter o)
ll«-
ruiistructlun of a Pacific Railroad, i* the muunn Haled
In uir two hut annual mi When 1 reflect upon
whal
trould
be the defenceleM
i-ontiltl.
o of "»ir States and
Territories west of the Barky Mountain* In caw
never doubted
of
a war
naral power sufficiently atruiir :o interrupt aU inter-
with them by the iMhmu., I am
Mill
moo- f.ni-
vinceit than ever of the ia* linporiai.se of ihl* Rattruad.
the ronstiiwi
ly
mal
ein|etency
under sar-maklng power.
of
ConprM to provide for Its coui4ruft|.,(. but :hU
rxelusire-
It. »i,!e»,
rxpre-wlythe
thi- constitution
requires as an !m|eratlve .li.ty, that
exclusive control.
"the I'nited
Stales shall protect each of them (the Ntatesl afralnst In
vasion." 1 am at a
lom to coocein- how thi. |.rof.ction
can lie afforded to California and I -g»u airatnat such a
naval power by aay other means i rej-eM the opinion
contained
In my last annual menage, that It would be In­
expedient
for the government
to
undertake thlt great work
by agents of Its own appointment, anil under Its dlrwt and
This
would
in.
r.-M-e the
the Kxeeutivs to a dan|pn«us
system of jobbing and corruption
|«tronage of
extent and would footer
ent. The construc­
tion of ihls road ounht therefore, to I., eotmsted to lneor
pomted companies, or other agencle- yIm would cxc-rcise
that active and vigilant "Upervlsiori n-. tr i: which can he
Inspired alone liy a sense of corpor^ii- and individual in
ter-*. I venture to assert that t!,. additions! c.ist of
transporting troops, munitions o{ iv..r, and the necessary
supplies for the sni^v acruss tbe vast intervening plains to
nqr poswusions on the Pacific c..a«t would greater In
such a war than the w hole aiuount I' luiivl to eun^reet
th- rosd. Anil yet thU resort woul-1. »rier all, be Inade
quate for their defence and protection.
rut NAtio.vAL ri!.»\, es.
We have yet scarcely r«covci-ed tV...„ the habits of cx
travant expenditure, produced by i-.r orerflou ing treas
ury, during several years prior to the commencement of
my adininUtration. Tin- financial rev-rses wliich we have
since experienced ought to teach us -ill to scruiinlje our
expenditures with the greatest vi^U.nce, and to r.duce
them to the lowest possible point, lii.' Kxecuilre depart
ments of the Uoveruweiu liave devo!,-d theiuseives to tha
aucomplinhuient of th.. obj.ct with c«,n Idei ai.le .ucceia, as
will appear from their different report- and estimates, 'to
these 1 invite tlie scrutiny of Conjr.w, lor the purpose of
reducing them still lower, if this lie pi.icticable, con-4dent
with the great pultlie interests of the country. In aid of tbe
policy of retrenchment I pledge U'v~ lf to examine cU«ly
the Mils appropriating lands or mnn y, so that if any of
these should inadvertently pass both hmies, as mujt tome
tliues l«e the case, I may nlTord them an "pp rtunity for
reconsideration. At the same time wcoughi never to for
get that true public economy constat, not in withholding
the means nec«isary to accomplish important nstioDsl ob
jects courtded tu us Ij.v the CoustUuti -n, but in taking care
that tli money appropiUted lor t!i.-e purpose, shall Ije
fait lit
Lilly and frugally eX|H-nded.
It will apiiear from the report of the Secretary of the
Treasury, thnt it is extremely doul.lf.il. to say tlie least,
whether we »hall be able to past tli'-o-igh the "present aud
the next tiscal year without providing additional revenue.
This can only he accomplished by strictly confining the ap
propriations within the estimates ol the different depart
ments without making an allowance for any additional ex
penditures which Congress iuay think proper, in their dis
cretion, to authorize, and* without providing for the re
demption of any portion of the ifio.'iiW.niHi of fiemurv
notes which have been already isiin d. In the eveut of
Ih-.UVK.'.I tour'hun­
dred and seventy-two dolluriiind ot'.e ent i ?-1',-*7 i ill)
which sum, with the iialaoce of six u.-iiioiis tc.ix-e imndred
aud uinety-eighi thousand three hun vu r.nd sixteen dol
iaisaml ten cents »o,«ilj,:tlij lui irnmiuii.g iu the tn-aj.
ury at the couuneuctui. nt of
lia.il
ag^re^ate
l:*al .v.ai, ma-l. an
lor tile
scr.ic. .1
Hi
year
u:
eij :..y-eisht
ceuis
u.diiun
niiieiy lliouwaud seven hjnored eignty-yeveu Uodars
and eleven
i
-1
Uan.l
).
The puulic expenditures during tin fiscal year ending
3Utn June, Ke, auiouuted to vh s -Iiuee luiiiiou en
h.ui ired and Itfiy-one thou^unl five hundred and elev. n
iloilai-, and hny -ecell evuls i*t,7d,.dl !tl).
(If
the act of June 14, l.s.»s—making six million
nine imndred and twenty-six tluusan i four bundled dol
lars fr-.m these wxtraoi-.linary sources, and
f^nyHfo,s-^o,4uo.i
-ihi-ee million live hundred thousand* -liars
and fo
uK-ut, Uity-nire
grave responsibility, it
1 1.'!,-
ooi'.isxit from the ordinary source* oi the pubhc revenue-^
inaKiug an aggregate, wuh the in
e
treasury on
the 1.-i July, iso*. of sev.-ntyoaUnceliontl,t!ir*i'
-h.e ,... hundred
and eighty-four thousand ti. e hundred and torty--.ue d. l
lars ai.u eight}-lone cenls |.tT.\fv-s4,.'•41 My fonlie estima
ted means of tlie prsst-iu nscal year, ending Uish Juue
lson.
ihe expenditures during the first larl.-r of the present
fiscal yeai-were ivieuly inUii'.ns -ev- u thoussild cne hull
died ..ud seventy four doUars aud sev. aty-six cents, itzll,
"0..1.-I Tli. i rour unll ns. liundred and sixtv-four -I10U
n.i lin ee hundred and sixty-six d-.bars aiiu"»eventy-six
nts ,f4.I.'i-l..iu Tbi of tlo. -Liin u• r. a| pl.ed lo tin "pay
cut of uitersst oil uie puobc debt und the redeiupt. u uf
issues of Treasury notes, and th. iciuminici, biui^ id
en oi.lholi three .'lundred and forty-tvvt. thousand ei^ht
hundred and eight dollars I, Ib,-v4j, were upphi u to
•y expenses dur.ng ilu- |uarier. I ll- isimutid ex
iles during the remaining three-quarters, to June ilu.
re forty million nine iiunured und ninety-five thou
sand live hundred auJ ltfiy-eigiit doli.irs and t-ie.dv ihree
cents ej,if.),.~.s **.) id v.li.ch sum t..o lo U.oil eijjh
iuuiiieu ana eighty-six thousand six liundred and t»ent v
one dollars and tw.uiy-iour cents (l^.xsi.bil 'Hi areestit
ir Ihe uileresl -f me put.ilc dc.it. tlie ascerta.ned
and eioinated expenditures for the liscai year tudiug i'til
1-so.f, ou account of tlie put.l.c debt, are, aecu.diug
ly, stV,n million, five bundled ami lifiy lliuUsand, nine
hundred and ughty-eight .loliars ami ten cents, i|,,6.nl,
ihe ..rdimiry exj.en i.tines of the g..-. et n
•udlion, four hundred aud nfty-oue th ti
"i, seven numlred and f... iy -four iai
S ailll v
^u .j,.,,,
its, i^--l,4..I,, 44 '•ii ui..k.ug aii u^^regate of -^r.e
.I., u U.i thousand seven huiidi'ed add tinl 1)-V iu v.ill.irs
i iniiety-inne cents, *"i ,'srj, leaving an esti
.ted ualance in the treasure on iftr -Jthuf juuie, lfdii, of
ii teen Uiilhon Ihree hundred and eighty-one thousand
ht hundred and eight dollars ami irty cents 114
1
-*u-
The estimated receipts during the next fiscal year ending
Sotti Juue, lsdl, are sixty-six miih in, two hundred and
uty-tive Ihutisaud dollars i5*.W) ivl..ch with the
balsticc, estimated as liefore stated, as r..i i:nn t.r' i the
a.ury on '.be oolb June, l-»lkl, wul make an aggtiiate
the service of the next liscai yea. of eijuy miui.ni six
hundred and six thousand eight hun iied and eight dollars
i.i forty cents (.•••su.bmi.sos 4o.
I estimated expenditures during the next fiscal v ear
ending ooth Juue, Istil, aresix.y-six mUiion, seven hundred
isalld UUle hund.'e.i aud tweuly-cigbl dol
h"-s and Bevemy-iiiue cents, .iKi,TI4,tr^s .i.) of this
am .mil, three iii.il.on, three hundre aid eighty-six thoa
saiiJ. six hundred aud twenty-one dollars and ihirtv four
S, ^,»»i,«il iW) will Ol- recpr. li to pay tue inier.-sf un
puolic debt lejvmg the sum of sivty-three million
three hundred ai.d twenty e.ght thoitland Uiree hundred
Seven dollars and fon.v -.ive Cents, i,Jool.i.-.s,im, fjr
lated oldma. y expenditures dm i:g th fiiKal v. a end
lug .kith June ls*l. t'|a.n ttaesr estimates a balance will
be left iu ihe Treasury vn tla- itutli .luna ljol, of thirteen
ou ei^ht h.oi lied aud u.uety-oue thousand e*b: liun
e a n s e v e n y n i n e o a i s a n s i y- o n e e n s i
l.sTn #1.)
ti^t this nalance, as well as that estimated to remain in
e treasury on tlie Isl July, laud, wi he reduced i»y such
ipi .priatious as slull la made by law fo cai ry uito effect
rtaiii Indian treaties during the pn-sent fl.-a-al year, aiicetl
.- th-- .-secretary uf tlie Interior, to the amount five
hundred and thirly-iiiue tho is.ind til.e-e huiidrisl ami
1
.til, wiil not, it is e.timitid, .-Vre ihre. mill
lou five huudre.l and thirty thou-an 1 un.- hundred and
nmity-six dollars and sixty-one cent-, ^$^1.Vl».lsti 61.)
I transmil hereaiUi tlie re|wrt tlie Secretaries of
War, of the Naey, of tlie Interior, a.id of I In- Puatti tauter
(leueral. Tbey i-ach contain valuable iuforination ai.d irn
po taoi recominendations well worrhy of the srrioui con
sidcratiou of Congress.
II wiil apiiear from tl. i- i«ot ilie Secretary of War
thai th- army e.\|M tiditurcs have been materially mlucsd
by a system of rigid economy, which. In his opinion, offers
every guarantee that the reduction will be permanent.
The estimates of tbe De|artment foi tla- next year bare
been reduced nearly two millions of dollars below 111- est.
niates for the presi-nt fiscal year, snd half a million of
djllsr, UJ..* the amount granted for this year al tlie but
session of Congress.
1 he expenditure of tbe Post Office Department during
the past fiscal year, ending un Vve uOth June, Kill, ex
clusive of payments for mad «rvlce specially provid-
iH*
oromw or
ami htm.
MKtr ia opinion with the Chief J»U|»
that (hew ia
bo
If,
under
power fai the coon tie* of tUa
I Stele, under tha pratrMMwef l» Code Sec. 114,
111M, to subscribe to th* Capital Btoefc tt U
i road companies, and iaMe aparty tew* in pay*
tn -nt of the game.
This the flmt time, to the court, as *14^*
lent constituted, this epilation has been itidf,
previous to the taking af tfca Maak» ani the
of the bonds.
CmigrNi to carry
in
each jrear of odd
nnmlwi for |hr
In the eaaa of
'\fu
rimnfa a
Iowa
la. it feU bv ft OM
W
iota I® WBCO
effect the provWon of the CoiMtHmiiii «d that the bonda of Cadlt
t. pam I*W appolnttn* tome d» prr AMU lo th* Mi itay "Lron* Centnl QailrMd CoaMM.' in uai—m
nr
etedtuo of
i_
•. .. ."*
,n
wibwflw4 bv nM
Tslld
Utd
bllMling,
ami
the IwUM
to
imrer tke aiuooot of
the hoiufo frocu Ihe coital*.
A Jpcisiou to the mme rfcot mm k1
en-- (if Ring *4. JtihBMa ctWBtjr, ft leva,
The* the onlr cmm Mirt tUa court ac
tions brotq(ht apon th* bond* or ocnjwirn,
which the validity of awk honSa lua l.feti (,
tiotied and in each of tfacae
oun,
in ntjr
eptft-
ion, the plaintiff* wan entitled to NEARER upoo
ground* entirely different from the question oft he
power in the cowtT to take the atock and l«ue
tilt' UUtld.
Independent of the qoeation tbe tio- da
a
wlik li
part
of
no vlgttaiir* on Ihe
the federal official-*
could pr v
ImS
pa.-ised from the poateaaion and ownet 'Mp of ^be
railroad companiea, into tfte ta'it» innocent
pure haters Who had hi good faltil paiC'tlMr WO
ney for the ami\ which moaay laid g0tm tkm
u*' of the counties, and beenoiuemird bv (heau
Tho General Assembly, by the acts of JanuarT
25th, 18U, eh. Ill and ia, in eflK legil'tN
these bonds, and mS» them valid aad Macinf
in the hands of the holders tbsarof. its cai-'tt
above named, therefore, did not ncceswHl? in
volve the question of tha-pon«r«f the to.intiea
to subscribe the stock and issue the bonda andftr
the actions of the code referred to.
In the ease of MetHBta n. County Judge »nd
Treasurer of Lee eonnty, Iowa, #04 and Ml,
the rjueftion w a upon the legality of tho ir.x
levied to pay the interest on bonds L-y the county
of Lee in payment of its subscription of stock
in certain railroads. The rote taken by anthori
ty of the County Jud^e, upon the qoestkm of
taking'said »tock had been by their .sirt
decided to be illegal, null and void, S
Iowa 811. TheGenenl Assembly had, however,
by the act of January 29, 1835, (Session acts, p.
447) not only legalised the vote taken bj tho
County Judge, but had further declared tho
bonds issued in pursuaaco of such vote i«£d and
valid, and a valid lien upon tho taxable property
of said county, and had required the Cou-.ty
dgc to levy and collect a tax to meet the pay
ment of the principal and interest of saiJ 'oniJi
Cnder the** circumstances the only question to
be determined, was, whether the Legislature had
the power to leg ili/e tbe vote and to declare the
bonds v.ilitl and binding on the county.
As to the power in the Legislature there has
been at no time any doubt in my mind. I think
the power may by them be conferred upon the
counties to t»k« tli» stock and isaoe the bonds
without uny constitutional objection and where 1
it hits been conferred, and the bonds have beea
issued in conformity with it, or where the bonda,
though illegally or informally issued, have been
Hubsequcntly legalised by the Legislature,,. I
think they are binding upon the cotttty and wsst
be 'id.
a
deti.-icncy, which I consider probai-ie. this ought never to
he supplied by a report to additional i.am. It would be a
ruino'i-i practice in the day» of peace ..u.l prosperity to go
on increasing the national debt to inei the ordinary x•
pet.»-« "f the Ooveruiucnt. This policy would cripple oui
resources aud impair our credit, in cam the exisiene'e of
war -hould render it necessary to ix.rrow money. Should
such a deticieucy occur i*- 1
apprehend. I would ivcomiucnd
the necessary revenue to l»e raised sn increase of our
present duties on impoitj. I need uot repeal tile opinions
exp.-. ssed in my lad aiimiHl loessaK'- as to ihe i t-,l mode
aud niauuer of aceompiUhing this object, and .-hall now
merely observe that these have since undergone no change.
The report or the Secretary of the Treasury wdl explain
in detail lite operations of that department of the govern
ment.
The receipts Into the Treasury from all nmrce* during
the ti.ical year ending ».Hli June, l...i, Im-ladiug the loan
autiioiiieil by tlie act ol 14th June, ,J tlit- issues oi
tveHsury noles autiiurizcd b.v \ilinj w-e e eixhtv-one
i.ill.ion six hundred and uiiictj-1u..iw-,
In the ei»e at present under consideration, the
objection is taken, in the first instance, to the
power of the county to issue the bonda. They
.re not yet issued—they have not passed into tho
hinds of the lilroad company, nor of innocent
pui-chaser* for value.
The question is made, in my opinion, at the
proper time to test the power of the county to take
stock anil issue the bonds. It is made at a time
when it is unincumbered by any question of bona
ti'U holders, or of subsequent lcgdization of tho
tinnils by tbe Legislature and looking at the
provisions of the Code under which the power is
attenqied to be derived, and upon which it is
placed by the opinion of the Court in the case of
Duhiujue county vs. D. ft P. Railroad Company,
4 lirei-ne, I, I am clearly of opinion that no such
power was intended to be, or has in reality been,
conferred upon the counties.
Th question in this case is to lie viewed sim
ply in the light of the power and authority con
ferred by the Legislature, or intended so to be.
Such being the case, I am constrained to dissent
from the ruling of this Court in the above enti
tled case, which, in my opinion, is tbe ouly one
in which the question has been authoritatively
determined There is distinction to be observed
between the question of the power of the coun
ties 10 isiue the bonds, when made, a* in this
case, in the first instance, uiul before their issue
snd wheu made in a suit brought upon the bonds
to recover their amount from the county, by one
to whom they have been transferred as an inno
cent purchaser. The courts, in my opinion, may
well iillow the rjue^tion whether "the power has
been conferred by the Legislature upon the
counties to issue such bonds, to lie made upon
au application for an injunction to restrain their
issuf, when it would not lie allowed to be made
where the bonds had gone into the hinds of an
inniHi-iu purchaser for value after the county
had received the proceeds of the bond} ind after
the money had been expended tor its u~e and
benefit. Th'- plainest rules of justice and equity
would seem to require, when such is the case,
that the county should not be allowed to urgp, as
a defence in ail action on the bonds '"-'t they
had lieen issued uithuut authority of 1st. Ta
say nothing of public opinion, somethir. i 'Jue
good faith, and to the obligation recognizf 1 *n I
resting upon all subordinate authorities, ana par
ticularly upon those standing in so close a rela
tion to the supreme authority ol the tate, is do
our county cirpoi-tions, to maintair the public
crcdit.
tlus
sum seventeen million tour hundred a.Id five
l.'.i'U-^tU
i mo
hundred aud eighty-tive dollars and forty-fo-n- cents iil,
aes),-^s, 441 Were applied to the |»M)ni-ut ol iuleiest ou Ihe
puollc dent and the redeiupiiop of the issue of tre.i-ury
noles. Tiie expenditili-. s loi all tli otlier b, iuche» o( ihe
public service uuriiigthat tiseal year were theretore sixty
sis million three hundred aud fony-s. Ihottsand two hun
dred aud twenty-six d- iisis mid 1 lii t.ren cents ifMi.ittf,
Xjo Id).
Tlie balance remaining iu tlie treasiuy on tlie 1st Julv
1n.II, being te commencement of tlie pre*nl eaV"
was I .IU-million three hundred an.l ibtrly -rune thousand
two Hundred and sevsnty-iive dollars and Bity-four cents
|*4,-«li,Ji.*J S4i.
i nc- leceipts into the treasury do.
i.i, the first quarter of
the present liscai year, coiuuiencing July 1, 1
^.".y, were
twenty uiilhon six liuudred sud eighteen lliuusand eight
iiuudied and sixty-live dollars and e ghiy-fh.-cents r.'n.
0l5,?oo i.J Of Ihis ailioun! Three n..liiott eigiit hundred
and twenty-one thousand three hun.red dollars
Bel.I was reeen ed ou account of ihe I an and 111.- issue of
treasury notes—the amount of "ixte.
i ..ullion ».-m n hun ired
and ninety-seven lliousand h' e lum 1.-. and s \r -live dol
lars igiii,. -ti\ e
eenis. *ltj,Tyi.V" iiavlug i*-en received
uuruig thv4Uai-ier from the
ordinaiy s. jrces.,1 public reve
nue. I lie estimated receipts for ihe remaining three quarters
of me preseut fiscal year to doth June, isoo. metiflv million
four hundred aud twenty'.six thousand four hundred dol
lais, i.S'.4_'0,4 o. of tlus am..uul n est,nulled
tin.t
ui.lli.-n se\en hundred aud ftfty-six
live
tb
.uoand four hnndred
dollar.-. !.••".nrti,4uo will i»- received lot- ti.-usury notes
wh:.-h may be re-issued under the fifth sec:i..ri the act of
ad dilleti last, mid oue luillioii oue hui.dre.1 and seventy
thousand dollars I%1,1,II,1SNJ| on a.-c ,unl ..f the loan aa
tb
In the attitude in which the questio-i now pre
sented st,n.]-, I am of opinion th.it there is no
power in th county to issue these bonds, ud
that tho injunc.ion should be lu-jiie perpetu.L
The eonn-iel for appellants refer to the follow
ing authorities in support of the position as
sumed hv him. We have not been able to obtain
the volume referred to, but we give the citations
for the benefit of those who may be disposed to
ex .mine them
American Law Register, vol 7, p. 90 It IKS
21 Howard V. S, Rey, u.
.1
compared wtth thoae In the year ending on antli June. KVi.
li is estimated that Ihe iMkioucy Cot the current tmmi
yemr wiil be 01, but thai for the year emllng
SUth June, |»«l, It trill not exceed ll.MMTS shouM
Cisigress adopt Uie meesurvs of rriorni pripisal and urged
bj the I'ostnuwter Oeneral. Since the usmtti of March,
relreiiciuiwula have beea mads ia the
axpCSKilt ursa
amount
iug to $l,HM,t i annuaUy, which, however, did not take
effect until after the 0oatUMnce.n#0t of the present fiscal
year. The period seems to hare arrived for Mtnim the
luestlou whether tMs Depvtuaent ihidl bseaiai a pen
Mat aad *veNwra0M Ihs Treasury,
L. D. STOCKTON.
New York, Dee. 51.
Tlie Hcialil Washington correapoiKh-nt .a s.
U. li.aiu-li icf. aiiiid l.oui acudiug a inetaiage .v
Mi', (iiow i.util .liter the issue of the Gl. be, e. t
den lv supp i.-iog th.il llr. Grow n.'glit snpp es.
his l. ngiuigc. i lu report was thought doubiful.
There is a current story that shortly after tbe
Globe was distributed in the House to-da. Mr.
Grow received a chillcngc and acc pted it
pi omptly. The parties were noticed daring the.
attcnioon to be mdilVerent to the proceedings by
the House, and were engaged in private coiivti
sation with friends and in writing letters. This
strength ned the rumor. The police were on the
street tu-night and eff rts are making to arrest'
the principals. Th-.y have not been found at
their rooms. There is reason to believe that'
tliert! is some truth in the repjrt. It is further
stated that Men.-is. Keitt and Fry or are the
iends of Brunch, sud Mr. Uiddinss, of Texas,
and Mr. Fentou, of New
tifly
d-'llari."if.',b..oi an op n tiie stio. ties of tr-.i- l'osti .aster
tleneral fur Ihe services of his depain-ient, f.. the last fis
cal year, endiug do June, lull, amounting t.i four lu llions
..o boll lied and uinety-si\ ibo-touiel ail I lime d, liars,
*4._'JJ. 111..) together Willi tlie f.ittli i estimate of tint »m
•er for UK- Srrv«-e of the present ft--si vear, end.ng ainb
I tn.', |s.*, is-ing live iiidlioti Bie hundred mid iweuty-six
.uaaii.i three hundred wu tweiuy-f .ur dollars,
i)J-l making an aggregate ten inilli .n tli ,-" liundr. and
sKty-oiie t'uusui.i six hundred aud eighty three dollars,
t$ld,:h)l,iisi.j
pii .uld ihese appropriations Ik- made as rwpieMed by the
projier Ile|wrtmeiits, the balance in Uh- in-amry on the
iotn June,
Mr. Grow was
night to fight a tlucl.
f.-r
by Congrea. out of the general treasury, amounted to
t'|4,VM,4wl Kit, ami its receipts ,!Ki»,4»4 oT sim*ing a
deOck-ncy lo lie supplied fn.iu the treasury of
.'(i. against So,iii,'*,STi to .r the year euding doth June,
I The increased coet of transp itatiou growing out of
Ib cxpanskm of the service reipiired by Congress explains
this raj
.Id augmentation uf tlie sxpenSture. Is gi itify
iug, liiaever, to observe au iticrea*« of receipts fir tlie
year ending su the ttah June, IsM, e|ual tu $4el,ti
1
1
i
York,
are the friends of
Mr. Grow.
[New York Times Correspondence.]
Tiiei e w.is a chall nge passed to-day from
Bronch to Grow, but the reault ia not yet known.
Mutual frieuda think the case of easy adjust
ment. Mr. Bianchht* but to s*y that he did.
not de^'gn to impugn Mr. Grow's conduct as a
utleinun, but politically, as the leader of si
eat pm tv. Thi- ine, Mr. Grow would bet
iiii|S'll,-J to retr ict hia offensive linguag '. snit
the tn itter would be adjusted. This will proba
blv lie the turn which thinm will take, but up ta.
a iate hour to-night the difficulty remains unset*
tied.
The new Charge d'AHaira for Chili was pre
sented to tho Secretary of State to-day st noon#
Hon. Beverly Y. Clark, Minister to Guatamal*,""
has as.ied and obtained leave of absence and wili, ,.!f
et une in the sprins. h| &
". anch, of N. 0., was arrested late lisii
n'ght on a warrant issued by Justice DOSM, an
the charge of being about to makearraogeiaeutit.
leave the District of Columbia lor the jHit«
pose of engaging in a hostile combat with Mr*
G.ow, of Pi-nnsvlvanlt, and was held to bail tap
1
arrested
v.a
th sum of |S,t)00 for his imMNM* for farttaf ntm
examination on Tuesday. Mr. Grow had vaster*
dav engaged hackiuan to call at a place desi^*
nated to take him and his party at 9 o'clock thi*
mo iling in the direction
or Silver Springs, Md
The hacknian did not keep the aacret andbenot
the arrest.
this M.,
gave bail in the sum
peace and not leave the
sn«l
of ffi.OOO to keep
tho
District of Cohwnbis to*
The SecrtUry of tlie Appanotaw County AgiiJtrj!
cultural Society, in hia report jus* puUishedlig
A
states lh the wheat crop of that count) thf
past tma-oit averaged between one third and half
a fair crop, but what was of It wos rf #wetl#nfT*
quality. The awrag«» yWd of
forty bushrls to the acre, aad oats forty btshrW
tj|'' Un Hamas has retired ftoo the Albli
jy^iirf t" lie is succeeded by Mestrs. Young A
Omy. Mr. Gray ia a BurliaftofilaB, having bNt •&
wfiotrtfcr tlie last two ysaw as Wsdpal lh ---h
tbs SoMh School liouss. v Uj|ul o4