The Winchester weekly appeal. [volume], December 17, 1856, EXTRA, Image 1

About The Winchester weekly appeal. [volume] (Winchester, Tenn.) 1856-1856

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speed.
raCHES'gR
JOURNAL.
Thursday, Dec 17th.
PRESIDENTS MESSAGE.
Qtnllemen nf the Senate, . . .
and of th Haute of Kepre$etalivei :
Id obedience to the command of the Constitution,
it has now become my duty "to give to Congress
information of the state of the Union, and J0001
mend to their consideration such measures as I
judge to be "necessary and expedient"
But first, and above all, our thanks are due to
Almighty God for the numerous benefits which He
haa bestowed upon this people, and our united
prayers ought to ascend to Him that He would con
tinue to bless our great republic in time to come aa
lie haa blessed it in time past.
Since the adjournment of the last Congress our
eanstitueota hare enjoyed an unusual degree of
of health. The earth has yielded ber fruit abun
dantly, and has bountifully rewarded the toil of the
husbandman. Our great staples nave commanded
high prices, and, up to within a brief period, our
manufacturing, mineral and mechanical occupa
tions hare largely partaken of the general pros
perity. We have possessed all the elements of ma
terial wealth in rich abundance, and yet, notwith
standing all these advantages, our country, in Us
monetary interests, is at the present moment in
deplorable condition.
In the midst of unsurpassed plenty In all the pro
ductions of agriculture and in all the elements of
national wealth, we find our manufactures suspend
ed, our public works retarded, our private enter
prise ot different kinds abandoned, and thousands
of useful laborers thrown out of employment and
reduced to want. The revenue of the tjoveenment,
which U chiefly derived from duties on imports from
broad, haa been greatly reduced, whilst appropria
tion made by Congress at its last session for the
current fiscal year are very large in amount.
Under these circumstances a loan msy be requir
ed before the close ot your present session; but
this, although to be deeply regretted, would prove
to be only a slight misfortune when compared with
the Buff-ring and distress prevailing among the peo
ple. With this the government cannot fail to deep
ly symphatize, though it may be without the power
to extend relief.
It is our duty to enquire what has produced such
unfortunate results, and whether their recurrence
can bd prevented? In all former revulsions the
blame might have been faiily attiibuU-d to a varie
ty of co-operating causes; but not so upon the pres
ent occasion. It is apparent that our existing mis
fortunes have proceeded solely from our extrava
gant and vicious system of paper currency and bank
credit, exciting the people to wild speculations
and gambling in stocks. These revulsions must
continue to recur at successive intervals so long as
the amount of paper currency and bank loans and
discounts of the country shall be left to the discre
tion of fourteen hundred irresponsible banking insti
tutions which from the very law of their nature will
consult the interest of their stockholders rather than
the public welfare.
The frame ra of the Constitution, when they gave
to Congress the power "to coin money and to regu
late the value thereof," and prohibited the States
from coining money, emitting bills of credit, or ma
king anything but gold and silver coin a'tender in
payment of debts, supposed they had protected the
people against the evils of an excessive and irre
deemable paper currency. They are not responsi
ble for an existing anomaly that a government en
dowed with the sovereign attribute ot coining mon
ey and regulating the value thereof should have no
power to prevent others from driving this coin out
f the country and filling up the channels of circu
lation with paper which does not represent gold and
silver.
It is one of the highest and most responsible du
ties of the government to insure to the people a
sound circulating medium, the amount of which
ought to be adapted with the utmost possible wis
dom and skill to the wants of the internal trade and
foreign exchanges. If this be either greatly above
or greatly below the proper standard, the marketa
ble value ot every man's property is increased or
dlminwhed in the same proportion, and ii justice to
individuals as well as incalculable evils to the com
munity are the consequences.
Unfortunately, under the construction of the
Federal Constitution, hich has now prevailed too
long to be changed, this important and delicate du
tr'has been dissevered from the coining pow. r and
virtually transferred to more than fourteen hundred
State banks, acting independently of each other,
and regulating their paper issues almost exclusive
ly by a regard to the present Interest of their stock
bo ders. Exercising the sovereign power of pro
viding a paper currency, instead of coin, for the
country, the first duty which these banks owe to
the public is to keep in their vaults a sufficient
amount of gold and silver to insure the convertibili
ty of their notes into coin at all times and under all
circumstances. No bank ought ever to be charter
ed without such restrictions on its business as to se
cure this result. All other restrictions are compar
atively vain.
This is the only true touchstone, the only effi
cient regulator of a paper currency the only one
which can guard the public against over issues and
bank suspensions. As a collateral and eventual se
curity it is doubtless wise, and in all cases ought to
be required, that banks shall hold an amount of
United Slates or State securities equul to their notes
In circulation and pledged for their redemption.
This, however, furnixhes no adequate security
gainst over-issues. On the contrary, it mav be
perverted to inflate the currency. Indeed, it is pos
sible by this means to convert all the debts of the
United States and State Governments into bank
notes, without reference to the specie required to
redeem them.
However valuable these securities may be in
the.otielves, they cannot be converted into gold and
silver at the moment of pressure, as our experience
: teaches, in sufficient time to prevent bank suspen
sions and the depreciation of bank notes. In Eng
land, which is to a considerable extent a paper mon
ey country, though vastly behind our owu in this
respect, it was deemed advisable, anterior to the
etof Parliament of 1844, which wisely separated
the issue of notes from the banking department, for
the Bank of England always to keep on hand gold
and silver equal to one-third of its combined circu
lation and deposits.
If the proposition was no more than pufficient to
scare the convertibility of its notes, with the whale
Of Great Britain, and to some extent the continent
ef Europe as a field for its circulation, rendering it
almost impossible that a sudden and immediate run
to a dangerous amount should be made upon it, the
ease proportion would certainly be insufficient un
der our banking system. Each of our fourteen
hundred banks has but a limited circumfreence for
Its circulation, and in the course of a very few days
the: depositors and note holders might demand from
such a bank a sufficient amount in specie to compel
it to suspend, even although it had coin in its vaults
equal to one-third of its immediate liabilities.
Aad yet I am not aware, with the exception of
the banks of Louisiana, that any State bank through
out the Union has been required by its charter to
keep this or any other proportion of gold and silver
compared with the amount of its combined circula
tion and deposits. What has been the consequence??
a a recent report made by the Treasury Depart
"et on the condition of the Banks throughout the
different States, according to returns dated January,
1847, the aggregate amount ot actual specie in
Weir vaults is 158,349,838, of their ciiculation
14,778,822, and of their deposits 8230,851,352.
Thes it appear that these banks in the aggregate
have considerably less than one dollar in seven of
gold and silver compared with their circulation and
deposits.
It was probable, therefore, that the very first
Pressure must drive them to suspension, and de
prive the people of a convertible currency with all
disastrous consequences. It is truly wonderful
that they should have so continued to preserve their
credit, when a demand for the payment of one
seventh of their immediate liabilities would have
driven them into insolvency. And that is the con
dition of the banks, notwithstanding that four hun
dred millions of gold faora Calilornia have flowed in
uPn s within the last eight years, and the tide still
vuuuuuea io now. indeed, such has been tne ex
travagance of the bank credits that the banks now
hjd a considerably less amount of specie, either in
trayagance of t
hjjid a consider
rproportiou to tl
W deposits combii
ry of gold in
4 WhiUt in th(
. V -
m to tneir capital or to their circulation ana
combined, than they did before the discov-
in vauiornia.
the year 1848 their SDecie in Dropor-
tioa) to their capital waa more than equal to one dol-
larior lour ana s balffna 1857 it does not amount
to one dollar for every six dollars and thirty-three
etataot their capital. In the year 1848 the specie
as equal within a vtry small fraction to one dollar
five of their circunUon and deposits; in 1857 it
I sot equal to one dolKr in seven and a half of their
lauoa and deposits.
from this statement its. easy to account for our
fcsncUl history for the la, forty years. It has been
b'mtory of extravagant expansions jn the business
a the country, followed by ruinous contractions.
AJeseeessive intervals the by and most enterpris
Ingmm have been tempted W their ruin by exces.
wive hank loans of mere paper Sdit, exciting tnem
toeslravagant importations of VtiRn goods, wild
afeealations, and ruinlo.ua and dey,raijzi0g nock-
. . nhtn th Maia arrtw : : .
(ssshting.
mut, the banks can extend no relief, u,. people
la a vaia struggle to redeem their liabug m specie,
UtA til MmntMM thai. In . -I
the are compelled to contract their lo, and their
amass- and at last in the hour of distress, Den their
1 . . 1. more needed. thow and the, ja..
(anther sink Into Insolvency.
. h u this paper system of extravagant eiPsgjoD,
ilia., the nominal price of every article far bona
Sajsl le. when compared with the eost of t.
Bar articles in countries whose circulation is wisely
regulated, which has prevented us from competing
in our own market with foreign manufacturers, has
produced extravagant importations and has counter
acted the effect of the large incidental protection
atlorded to our domestic manufactures by the pre
sent revenue tariff. But for this the branches of
our manufactures composed of raw materials, the
production of our own country such as cotton,
iron and woollen fabrics would not only have ac
quired almost exclusive possession of the home
market, but would have created for themselves a
foreign market throught the world.
Deplorable, however, as may be our present fi
nancial condition, we may yet indulge in bright
hopes of the future. No other nation has ever
existed which could have endured such violent
expansions and contractions ot paper credit with
out lasting injury; yet the boujancv of youth
the energies of our population, and the spirit
which never quails before difficulties, will enable
us soon to recover from our present financiol em
barrassment, aod may even occasion us speedily
to forget the lesson which they have tauel t
In the meantime it is the duty of the govern
ment by all proper means within its power, to aid
in alleviating the sufferings of the people, occa
sioned by the suspension of banks, and to provide
against a recurrence of the same calamity. Unfor
tunately, in either aspect of the case, it can do but
little. Thanks to the independent treasury, the
government has not suspended payments, as it was
compelled to do by the failure of the banks in 1837
It will continue to discharge its liabilities to the
people in gold and silver. Its disbursements in
coin will pass into circulation, and materially assist
in restoring a sound currency. From its high'cred
it, should we be compelled to make a temporary
loan, it can be effected on advantageous terms.
This, however, shall, if possible, be avoided; but
if not, then the amount shall be limited to the
lowest practicable sum.
I have, therefore, determined that whilst no use
ful government works already in progress shall be
suspended, new works not already commenced, will
be postponed, if this can be done without injury to
the country. Those necessary for its defence shall
proceed as though there had been no crisis in our
monetary affairs.
But the Federal Government cannot do much to
provide against a recurrence of existing evils. Even
it insurmountable constitutional objections did not
exist against the creation of a National Bank, this
would furnish no adequate preventive security. The
history of the last bank of the United States abun
dantly pi oves the truth of this assertion. Such a bank
could not, if it would, regulate the issues and
credits of l,4uu state banks, in such a manner as
to prevent the ruinous expansions and contractions
in our state banks which afflicted the country during
the existence of the late bank, or secure us against
future suspensions. In 1825 an effort was made by
the Bank of England to curtail the issues ot the
country banks under the most favorable circum
stances. The paper currency had been expanded to 8 ru
inous extent, and the bank put forth all its power
to contract it in order to reduce prices and restore
the equilibrium of foreign exchanges. It accord
ingly commenced a system of curtailment of its
loans and issues, in the vain hope that the joint
stock and private banks ot the country would be
compelled to follow its example. It found, howev
er, that as it contracted they expanded, and at the
end of the process, to employ the language of
very high official authority, "whatever reduction of
the paper currency waa effected by the bank of
England in 1825 was more than made up by the is
sues ot the country banks."
But the Bank of the United States would not, if
it could, restrain the losses and loans of the State
banks, because its duty as a regulator of the cur
rency must often be in direct conflict with the im
mediate interests of its stockholders. If we ex
pect one agent to restrain or control another, their
interest must, at least in some degree, be antagonis
tic. But the directors of a Bank of the United
States would feel the same interest and the same in
clination with the directors of the State Banks to
expand the currency to accommodate their favorites
and friends with loans, and to declare large divi
dends. Such has been our experience in tegard to
the last Bunk.
After all, we must mainly depend upon the patri
otism and wisdom of the States for the prevention
and redress of the 'evil. If they will afford us a
specie basis for our paper circulation by increas
lug the denomination of bank notes, first to twenty
and afterwards to fifty dollars ; if they will require
that the bankj shall at all times keep on hand at
least one dollar in gold or silver for every three
dollais of their circulation and deposites ; and if
they will provide by a self-executing enactment,
which nothing can arrest, that the moment they sus
pend they shall go into liquidation, I believe these
provisions, with a weekly publication by each bank
of a statement of its condition, would go far to se
em e us against future suspensions of specie -payments.
Congress, in my opinion, possesses the power to
pass a uniform bankrupt law. applicable to all bank
ing institutions throughout the Uuited Slates, and I
strongly recommend its exercise. This would make
it the irreversible organic law of each bai k's exist
ence, that a suspension of specie payments shall
produce its civil death. The instinct of self preser
vation would then compel it to perform its duties in
such a manner as to escape the penalty and preserve
its life.
The existence of banks and the circulation of
bank paper are so identical with the habits of our
people, that they cannot at this day be suddenly
abolished without much immediate injury to the
country. If we could confine them to their appro
priate sphere, and prevent them from administering
to the spirit ot wild and reckless speculation by ex
travagant loans and issues, they might be continued
with advantage to the public.
But this I say, after long and much reSection: if
experience shall prove it to be impossible to enjoy
the facilities which well regulated banks might af
ford, without at the same time suffering the calami
ties which the excesses of the banks have hitherto
inflicted upon the country, it would then be far the
lesser evil to deprive them altogether of the power
to issue a paper currency and confine them to the
functions of banks of deposit and discount.
Our relations with foreign governments are, upon
the whole, in a satisfactory condition.
The diplomatic difficulties which existed between
the government of the United States and that of
Great Britain at the adjournment of the last Con
gress have been happily terminated by the appoint
ment ot a Briti.-h minister to this country, who has
been cordially received.
Whilst it is greatly to the interest, as I am con
vinced it is the sincere desire of the governments
and the people of the two countries to be on terms
of intimate friendship with each other, it has been
our mi.-fortune almost always to hnve had some irri
tating, it not dangerous outstanding question with
Great Britain.
Since t. e origin of the government we have been
employed in negotiating treaties with that power,
and afterwards in discussing their true intent and
meaning. In this respect, the convention of April
1, 185i, commonly called the Clayton and Bulwer
treaty, has been the most unfortunate of all; be
cause the two governments place directly opposite
nd contradictory constructions upon its first and
most important article.
Whilst, in the United States, we believed that
this treaty would place both powers upon an ex
act equality by the stipulation that neither will ever
"occupy, or forfeit, or colonize, or assume, or exer
cise any dominion" over any part of Central Ameri
ca, it is contended by the British Government that
the true construction of this language has left them
in the rightful possession of all that portion of Cen
tral America which was in their occupancy at the
date of the treaty; in fact, that the treaty is a vir
tual recognition on the part of the United States of
the right of Great Britain, cither as owner or pro
tector, to the whole extensive coast of Central
America, sweeping round from the Rio Hondo to
the port and harbor of San Juan del Nicaragua, to
gether with the adjacent Bay islands, except the
comparatively small portion of this between the
Sarstoon and Cape Honduras. According to their
construction, the treaty does no more than simply
prohibit them from extending their possessionem
Central America beyond the presents limits. It is
not too much to assert that if in the United States
the treaty had been considered susceptible of such
a construction, it never would have been negotiated
under tee authority of the President, nor would it
have received the approbation of the Senate.
The universal conviction in the United States
was, that when our govornment consented to vio
late its traditional and time honored policy, and to
stipnlate with a foreign government never to occu
py or acquire territory in the Central American por
tion of our own continent, the consideration for this
sacrifice was that Great Britain should, in this res
pect at least be placed in the same position with
ourselves. Whilst we have no right to doubt the
sincerity of the British government in their con
struction of the treaty, it is at the same time my
deliberate conviction that this construction is in op
position both to its letter and its spirit.
Under the late administration negotiations were
instituted between the two governments for the
purpose, if possible, of removing these difficulties,
and a treaty having this laudable object in view;
was signed at London on the 17 th October, 1856,
and waa submitted by the President to the Senate
on the following 10th of December. Whether this
treaty, either in its original or amended form, would
have accomplished the object intended without giv
ing birth to new embarrassing complication between
the two governments, may, perhaps, be well ques
tioned. Certain it is, however, it was rendered
much less objectionable by the different amend
ments made to it by the Senate.
The treaty, as amended, was ratified by me on the
12th of March, 1857, and was transmitted to Lon
don for ratification by the British government. That
government expressed its willingness to concur in
11 the amendments made by the Senate, with the
single exception of the clause relating to Ruaton
and the other islands in the Bay of Honduras. The
article in the original treaty, as submitted to the
Senate, after reciting that these islands and their in
habitants "having been by a convention bearing date
the 27th day of August, 1856, between her Britan
nic Majesty and the republic of Honduras, constitu
ted and declared free territory under the sover
eignty of the said republic of Honduras," stipulated
that "the two contracting powers do hereby mutu
ally engage to recognize and respect in all future
time the independence and rights of the said free
territory as a part of the republic of Honduras."
Upon an examination of this convention between
Great Britain and Honduras of the 27th August,
1356, it was found that, whilst declaring the Bay
islands to be "a tree territory under the sovereignty
of the republic of Honduras," it deprived that re
public of rights without which its sovereignty over
them could scarcely be said to exist. It divided
them from the remainder ot Honduras, and gave to
its inhabitants a separate government of their own,
with legislative, executive and judicial officers elect
ed by themselves.
It deprived the government of Honduras of the
taxing power in every form and exempted the peo
ple of the island from the performance of military
d Jty except for their own exclusive defence. It also
prohibited that republic from erecting fortifications
upon them for their protection thus leaving them
open to invasion from any quarter; an 1, finally, it
provided that "slavery shall not at any time hereaf
ter be permitted to exist therein."
Had Honduras ratified the convention, she would
have ratified the establishment of a state substan
tially independent within her own limits, and a state
at all times subject to British influence and control
Moreover, had the United States ratified the treaty
with Great Britain in its original form, we should
have been bound "to recognise and respect in all
future time" these stipulations to the prejudice of
Honduras. Being in direct opposition to the spirit
and meaning of the Clayton and Bulwer treaty, as
understood in the United States, the Senate rejected
the entire clause, and substituted in its stead a sim
ple recognition of the sovereign right of Honduras
to these islands in the following language: "The two
contracting parties do hereby engage to recognise
and respect the islands of Ruatan, Bonaco, Utila,
Barbaretta, Helena and Morat, sitoate in the Bay of
Honduaas, and off the coast of the Republic of Hon
duras, as under the sovreignty and as a part of the
said republic ot Honduras.
Great Britain rejected this amendment, assigning
as the only reason, that the ratifications of iiie'con
vention ot the 27th August, 1S56, between her and
Honduras, had not been "exchanged, owing to the
hesitation of that government," Had this been done,
it is stated that "her Majesty's government would
have had little difficulty in agreeing to the modifica
tion proposed by the Senate, which then would have
had in effect the same signification as the origiual
wording." Whether this would have been the ef
fect; whether the mere circumstance of the ex
change of the ratifications of the British convention
with Honduras prior in point of time to the ratifica
tion of our treaty with Great Britain would, "in ef
fect," have had "the same signification as the ori
ginal wording," and thus nullified the amendment
of the Senate, may well be doubted. It is, perhaps,
fortunate that the question has never arisen.
The British government, immediately after re
jecting the treaty as amended, proposed to enter in
to a new treaty with the United Slates, similar in all
respects to the treaty which they had just refused to
ratify, if the United States would consent to add to
the Senate's clear and unqualified recognition of the
sovereignty of Unndura3 over the Bay Islands, the
following conditional stipulation. "Whenever and
so soon as the republic of Honduras shall have con
cluded and ratified a treity with Ores'. Britain, by
which Great Britain shall have ceded, and the re
public of Honduras shall have accepted the said is
lands, subject to the provisions aud C3uditions con
tained in such treaty ."
The proposition was, of course, rejected. After
the Senate had refused to recognize the British con
vention with Honduras of the 27th August., 1856,
with full knowledge of it contents, it was impossi
ble for me, necessarily ignorant of "the provisions
and conditions" which might be contained in a fu
ture convention between the same pai ties, to sanc
tion them in advance.
The fact is, that when two nations, like Great
Britain and the United States, mutually desirous
as they are, and I trust ever may be, of maintaining
the most fiiend'y relations with each other, have
unfortunately concluded a treaty which they un
derstand ia senses directly opposite, the wisest
course is to abrogate such a treaty by mutual con
sent, and to commence anew. Had this been done
promptly, all difficulties in Central America would
most probably, ere this, have been adjusted to the
satisfaction of both parties. The time spent in dis
cussing the meaning of the Clayton and Bulwer
treaty would have been devoted to this praisewor
thy purpose, and the task would have been the
mure easily accomplished because the interest of
the two countiies in Central America is identical,
being confined to securing safe transits over all the
routes across the Isthmus.
While entertaining these sentiments, I shall
nevertheless not refuse to contribute to any reason
able adjustment of the Central American questions
which is not practically inconsistent with the Ameri
can interpretation of the treaty. Overtures for this
purpose have been recently made by the British
Government In a friendly spirit, which I cordially
reciprocate: but whether this renewed effort will
result in success, I am not yet prepared to express
an opinion. A brief period will determine.
With France our ancient relations of friendship
still continue to exist. The French government
have in several recent instances, which need not be
enumarated, evinced a spirit of good will and kind
ness towards our country which I heartily recipro
cate. It is, notwithstanding, much to be regretted
that two nations whose productions are of such a
character as to invite the most extensive exchanges
and freest commercial intercourse should continue
to enforce aucient and obsolete restrictions of trade
against each other. Our commercial treaty with
France is in this respect an exception from our
treaties with all other commercial nations. It jeal
ously levies discriminating duties both on tonn lge
and on articles, the growth, produce, or manufac
ture of the one country, when arriving in vessels
belonging to the other.
More than forty years ago, on the 3d of March
1815, Congress passed an act offering to all nations
to admit their vessels laden with their national pro
ductions into the ports of the United States upon
the same terms with our own vessels, provided they
would reciprocate to us similar advantages. This
act confined the reciprocity to the productions of
the respective foreign nations who might enter into
their proposed arrangement with the United States.
The act of May 24, 182S, remuved this testriction,
und offered a similar reciprocity to all such vessels
without reference to the origin of their cargoes.
Upon these principles our commercial treaties and
arrangements have been founded, except with
France; and let us hope, that this exception may uot
long exist.
Our relations with Russia remain as they have
ever been on the most friendly footing. The
present Emperor, as well as his predecessors, have
never failed, when the occasion offered, to mani
fest their good will to our country; and their friend
ship has always been highly appreciated by the
Government and people of the United Siates.
With all other European Governments, except
Spain, our relations are as peaceful as we could de
sire. I regret to say that no progress whatever has
been made, since the adjournment of Congress, to
wards the settlement of any of the numerous claiui3
of our citizens against the Spanish Government.
Besides the outrage committed on our flag by the
Spanish war-frigate Frenola on the high seas, off the
coast of Cuba, in March, 1855, by tiring into the
American mail steamer El Dorado, and detaining
and searching her, remains unacknowledged and un
redressed. The general tone and temper of the
Spanish government towards that of the United
States are much to be regretted. Our present en
voy extraordinary and minister Plenipotentiary to
Madrid has asked to be recalled; and it is my pur
pose to send out a new minister to Spain, with spe
cial instructions on all questions pending between
the two governments, and with a determination to
have them speedily and amicably adjusted, if this
be possible. In the meantime, whenever our min
ister urges the just claims of our citizens on the no
tice of the Spanish government, he is met with the
objection that Congress has never made the appro
priation recommended by President Polk in his
annual message of December, 1847, "to be paid to
the Spanish government for the purpose of distrib
ution among the claimants in the Armistad case."
A similar recommendation was made by his imme
diate predecessor in bis message of December,
1853, and entirely concurring with l oth in the
opinion that this indemnity is justly due under the
treaty with Spain on the 27th of October, 1795,1
earnestly recommend an appropriation to the favor
able consideration of Congress.
A treaty of friendship and commerce was conclu
ded at Constantinople on the lath December, 1856,
between the United Slates and Persia, the ratifica
tions of which were exchanged at Constantinople on
the 16th of June, 1857, aud the treaty was pro
claimed bv the President on the 18th of August,
1857. This treaty, it is believed, will prove bene
ficial to American commerce. The Shah has man
ifested an earnest disposition to cultivate friendly
relations with our country, and has expressed a
strong wish that we should be represented at Tehe
ran by a Minister Plenipotentiary, and I recommend
that an appropriation be made for this purpose.
Recent occurrences in China have been unfavor
able to a revision of the treaty with that Empire,
of the 3d of July, 1844, with a view to the security
and extension of our commerce. The 24th article
of this treaty stipulated for a revision of it, in case
experience should prove this to be requisite; -'in
which case the two governments will, at the expira
tion of twelve years from date of said convention,
treat amicably concerning the same, by means of
suitable persons appointed to conduct such negoti
ations." These twelve years expired on the 3d of July,
1856; but long before that period it was ascertained
that important changes in the treaty were necessa
ry; and several fruitless attempts were made by the
commissioner of the United States to effect these
changes.
Another effort was about to be made for the same
purpose by our commissioner, in conjunction with
the ministers of England and France, but that was
suspended by the occurrence of hostilities in the
Canton river between Great Britain and the Chinese
Empire.
These hostilities have necessarily interrupted the
trade of all nations with Canton, which is now in a
state of blockade, and have occasioned a serious loss
of life and property. Meanwhile the insurrection
within the empire against the existing Imperial dy
nasty still continues, and it is difficult to anticipate
what will be the result.
Under these circumstances, I have deemed it ad
visable to appoint a distinguished citizen of Penn
sylvania Envoy Extraordinary and Minister Plenipo
tentiary to proceed to China, and to avail himself of
any opportunities which may offer, to effect changes
in the existing treaty favorable to the American com
merce. He left the United States for the place of
his destination in July last, in the war steamer, Min
n -sola. Special Ministers to China, have also been
appointed by the governments of Great Britain and
France.
Whilst our Minister has been instructed to occupy
a neutral position in reference to the existing hos
tilities at Canton, he will cordially co-operate with
the British and Frenchministers in all peaceful mea
sures to secure by treaty stipulations those just con
cessions to commerce which the nations of the
world have a right to expect, and which China can
not long expect to be permitted to withhold.
From assurances received, I entertain no doubt
tiat the three ministers will act in harmonious con
cert to obtain similar commercial treaties for each of
the powers they represent.
We cannot fail to feel a deep iuterest in all that
concerns the welfare of the independent republics on
our own continent, as well as of the empire of Bra
zil. Our diffiulties with New Grenada, which a short
time since bore so threatening an aspect, are it is
to be hoped, in a lair train of settlement in a man
ner just and honorable to both parties.
The Isthmus of Central America, including that
of Panama, is the great highway between the At
lantic and Pacific, over which a large portion of the
commerce of the world is destined to pass. The
United States are more deeply interested than any
other nation in preserving the freedom and security
of all the communications across this Isthmus. It
is our duty, therefore, to take care that they shall
not be interrupted either by invasions from our own
country or by wars between the Independent States
of Central America.
Under our treaty with New Grenada of the 12th
of December, 1 846, we are bound to guaranty the
neutrality of the Isthmus of Panama, through
which the Panama railroad passes, "as well as the
rights of sovereignty and property which New Gre
nada has and possesses over the said territory."
This obligation is founded upon equivalents granted
by the treaty to the government and people of the
of the United States.
Under these circumstances, I recommend to Con
gress the passage of an act authorizing the Presi
dent, in case of necessity, to employ the land and
naval forces of the United States to carry into effect
this guarantee of neutrality and protection. I also
recommend similar legislation for the security of
any other route across the isthmus in which we may
acquire an interest by treaty.
With the independent republics on this conti
nent it is both our duty and our interest to culti
vate the most friendly relations. We can never feel
indifferent to their fate, and must always rejoice in
their prosperity. Unfortunately, both for them and
for us, our example and advice have lost much of
their influence in consequence of the lawless expe
ditions which have been fitted out against some of
them within the limits of our country. Nothing is
better calculated to retard our steady material pro
gress, or impair our character as a nation, than the
toleration of such enterprises, in violation of the
law of nations.
It is one of the first and highest duties of any in
dependent State, in its relations with the members
of the great family of nations, to restrain its people
from acts of hostile aggression against their citizens
or subjects. The moat eminent writers on public
law do not hesitate to denounce such hostile acts as
robbery and murder.
Weak and feeble States, Mike those of Central
America, may not feel themselves able to assert and
vindicate their rights. The case would be far dif
ferent if expeditious were set on foot within our
own territories to make private war against a pow
erful nation. If such expeditions were fitted out
fjom abroad against any portion of our own coun
try, to burn down cities, murder and plunder our
people, and usurp our government, we should call
any power on earth to the strictest account for not
preventing such eormities.
Ever since the administration of Gen. Washing
ton, acts of Congress have been in force to punish
severely the crime of setting on foot a military ex
pedition within the limits of the United States, to
proceed from thence against a nation or State with
whom we are at peace. The present neutrality act
of April 26, 1818, is but little more than a collec
tion of pre-existing laws. Uuder this act the Pres
ident is empowered to employ the land and naval
forces and the militia "for the purpose ot prevent
ing the carrying on of any such expedition or enter
prise from the territories and jurisdiction of the
United States," and the collectors of customs are
authorized and required to detain any ves-el in pert
when there is reason to believe that she is about to
take part in such lawless enterprises.
When it was first rendered probable that an at
tempt would be made to get up another unlawful ex
pedition against Nicaragua, the Secretary of State
issued instructions to the marshals and district at
torneys, which were directed by the Secretaries of
War and the Navy to the appropriate army and
navy officers, requiring them to be vigilant, and to
use the best exertions in carrying into effect the
provisions of 1818. Notwithstanding these precau
tions, the expedition has escaped from our shores.
Such enterprises can do no possible good to the
country, but have already inflicted much injury both
011 its interests and its character. They have pre
vented peaceable emigration from the United States
to the States of Central America, which could not
fail to be highly beneficial to all the parties con
cerned. In a pecuniary point of view alone, our
citizens have sustained heavy losses from the seizure
and closing of the transit route by the San J uan be
tween the two oceans.
The leader of the recent expedition was arrested
at New Orleans, but was discharged on giving bail
for his appearance in the insufficient sum ot $2000.
I commend the whole subject to the serious at
tentien of Congress, believing that our duty and
our interest, as well as our national character, re
quire that we should adopt such measures as will
lie effectual in preventing our citizens from commit
ting such outrages.
I regret to inform you that the Presideut of Par
aguay has refused to ratify the treaty between the
United States and that state as amended by the Sen
ate, the signature of which was mentioned in the
message of my predecessor to Congress at the ope
tiingof its session in Dei ember, 1853. The reason
assigned for this refusal will be found in the corres
pondence herewith submit'ed.
It being desirable to ascertain the fitness of the
river La Plnta and its tributaries for navigation by
steam, the United States steamer Water Witch was
sent thither for that purpose in 1853. The enter
prise was successfully carried on until February,
when, while in the peaceful prosecution of her voy
age up the Parana river, the steamer was fired upon
by a Paraguayan fort. The fire was returned, but
as the Water Witch was of small force, and not de
signed lor offensive operations, she retired from the
conflict. The pretext upon which the attack was
made was a decree of the President of Paraguay of
October 1854, prohibiting foreign vessels of war
trom navigating the rivers of that State. As Para
guay, however, was the owner ot but one bank of
the river of that name, the other belonging to Cor
rientes, a State of the Argentine Confederation, the
right of its government to expect that such a decree
would be obeyed cannot be acknowledged. But
the Water Witch was not, properly speaking, a
vessel of war. She was a small steamer engaged
in a scieutific enterprise intended for the advantage
of commercial States generally. Under these cir
cumstances, I am constrained to consider the attack
upon her as ur justifiable, and as calling for Satisfac
tion from the Paraguayan Government.
Citizens of the United States, also, who were es
tablished in business in Paraguay, have had their
property seized and taken trom them, aud have
otherwise been treated by the authorities in an in
sulting and arbitrary manner, which requires re
dress. A demand for these purposes will be made in a
firm but conciliatory spirit. This will the more
probably be granted if the Executive shall have
authority to use other means in the event of a re
fusal. This is accordingly recommended.
It is unnecessary to state in detail the alarming
condition of the Territory of Kansas at the time of
my inauguration. The opposing parties then stood
in hostile array against each other, and any accident
might have relighted the flames of civil war. Be
sides at this critical moment, Kansas was left with
out a governer by the resignation of Governor
Geary.
On the 19th ot February previous, the territorial
legislature had passed a law providing for the elec
tion of delegates on the 3d Monday of September,
for the purpose of framing a constitution prepara
tory to admission into the Union. This law was in
the main fair and just, and it is to be regretted that
all the qualified electors had not registered them
selves aud voted under its provisions.
At the time for the election of delegates an ex
tensive organization existed in the Territory whose
avowed object it was, if need be, to put down the
awful government by force, and to establi-h a gov
ernment of their own under the so-called Topeka
Constitution. The persons attached to this revolu
tionary organization abstained from taking any part
iu the election.
The act of the territorial legislature had omitted
to provide for submitting to the people the consti
tution which might be framed by the convention;
and in the excited state of public feeling through
out Kansas an apprehension extensively prevailed
that a design existed to force upon them a constitu
tion in relation to slavery against their will. In this
emergency it became my duty, as it was my un
questionable right, having in view the union of all
good citizens in support of the territorial laws, to
express an opinion on the true construction of the
provisions concerning slavery contained in the or
ganic act of Congress of the 30th May, 1854. Con
gress declared it to be "the true intent and mean
ing of this act not to legislate slavery into any Ter
ritory or State, nor to exclude it therefrom, but to
leave the people thereof perfectly free to form and
regulate their domestic institutions in their own
way." Under it, Kansas, "when admitted as a
State," was to "be received into the Union, with or
without slavery, as their constituents may prescribe
at the time of their admission."
Did Congress mean by this language that the
delegates elected to frame a constitution should
have authority finally to decide the question of
slavery, or did they intend by leaving it to the
people, that the people of Kansas themselves should
decide this question? On this subject I confess I
had never entertained a serious doubt, and, there
force, in my instructions to Gov. Walker of tha 28th
March last, I merely said that when "a constitution
shall be submitted to the people of the Territory,
they must be protected in the exercise of their right
of voting for or against that instrument, and the fair
expression of the popular will must not be interrupt
ed by fraud or violence'"
In expressing this opinion it was far from mv in
tention to interfere with the decision of the people
of Kansas, either for or against slaverv. From this
I have always carefully abstained. Intrusted with
the duty of taking "care that the laws be faithfully
executed," my only desire was tnat the people of
Kansas should furnish to Congress the evidence re
quired by the organic act, whether for or against
slavery; and in this manner smooth their passage
into the Union. In emerging from the condition of
territorial dependence into that of a sovereign
State, it was their duty, in my opinion, to make
known their will by the votes of the majoritv, on
the direct question whether this important domestic
institution should or should not continue to exist.
Indeed, this was the only possible mode in which
their will could be authentically ascertained.
The election of delegates to a convention must
neces-arily take place in separate districts. From
this cause it may readily happen, as has often been
the case, that a majority of the people of a State or
Territory are on one side of a question, whilst a
majority of the representatives from the several
districts, into which it is divided may be upon the
other side. This arises from the fact that in some
districts delegates may be elected by email majori
ties, whilst in others those of different sentiments
I may receive majorities sufficiently great, not only to
overcome the votes given ior the former, but to
leave a large majority of the whole people in direct
opposition to a majority of the delegates. Besides,
our history proves that influences may be brought
to bear on the representative sufficiently powerful
to induce him to disregard the will of his constitu
ents. The truth is, that no other authentic and sat
isfactory mode exists of ascertaining the will of a
majority of the peoyle of any State or Territory on
an important and exciting question like that of
slavejy in Kansas, except by leaving it to a direct
vote. How wise then, was it for Congress to pass
over all subordinate and intermediate agencies, and
proceed directly to the source of all legitimate pow
er under our institutions!
How vain would any other principle prove in
practice. This may be illustrated by the case of
Kansas. Should she be admitted into the Union
with a constitution either maintaining or abolishing
slavery, against the sentiment of the people, this
could have no further effect than to continue and to
exasperate the exciting agitation during the brief
period required to make the constitution conform
to the irresistible will of the majority.
The friends and supporters of the Nebraska and
Kansas act, when struggling on a recent occasion to
sustain its wise provisions before the great tribunal
of the American people, never differed about its
true meaning on this subject. Everywhere through
out the Unioti they publicly pledged their faith and
their honor, that they would cheerfully submit the
question of slavery to the decision ot the bona fide
people of Kansas, without any restriction or qualifi
cation whatever. All were cordially united upon
the great doctrine of popular sovereignty, which is
the vital principle of our free institutions. Had it
then been insinuated from any quarter than it would
be a sufficient compliance with the requisitions for
the organic law for the members of a convention,
thereafter to be elected, to withhold the question
of slavery from the people, and to substitute their
own will for that ofa legally ascertained majority of
their constituents, this would have been instantly
rejected. Everywhere they remained true to the
resolution adopted on a celebrated occasion recog
nizing -'the right of the people ot all the Territo
ries including Kansas and Nebraska acting
through the legally and fairly-expressed will of a
major ity of actual residents, and whenever the num
ber of their inhabitants justifies it, to form a consti
tution, with or without slavery, and be admitted into
the Union upon terms cf perfect equality with the
other States."
The convention to frame a Constitution for Kan
sas met on the first Monday of September last.
They were called together by virtue of an act of the
Territorial Legislature, whose lawful existence has
been recognized by Congress in different forms and
by different enactments. A large proportion of the
citizens of Kansas did not think proper to regUter
their names, and to vote at the election for dele
gates; but an opportunity to do this having been
fairly afforded their refusal to avail thence v. 8 of
their right could in no manner affect the legality of
the convention.
This convention proceeded to frame a cinstilu
tion for Kansas, and finally adjourned on the 7th
day of November. But little difficulty occurred in
the convention, except on the subject of slavery.
The truth is that the general provisions of our re
cent State constitutions are so similar and, 1 may
add, so excellent that the difference between them
is not essential. Under the earlier practice of the
Government, no constitution framed by the conven
tion of a Territory preparatory to its admission into
the Union as a State had been submitted to the peo
ple. I trust, however, the example set by the last
Congress, requiring that the Constitution ot Min- j
nesota, "should be subject to the approval and rati- I
ficatiou of the people of the proposed State," may I
be followed on future occasions. I took it for grant
ed that the convention of Kansas would act in ac
cordance with the example, tounded as it is, on cor
rect principes, and hence my instruc ions to Gov.
Walker, in favor of submitting the constitution to
the pecple, were expressed in general aud unquali
fied terms.
In the Kansas-Nebraska act, however, this require- .
ment, as applicable to the whole constitution, had ;
not been inserted, and the convention were not
bound by its terms to submit any other portion of '
the instrument to an election, except that which re- j
lataa trx ill. 'I.,inf7 inatilnlinti1' nFalav.p TKta
IfV .111. U.JltlL.11.11 iiumuwuu va tr. j. ...0
will be rendered clear by a simple reference to its
language. It was "not to legislate slavery into
any Territory or State, nor to exclude it therefrom,
but to leave the people thereof perfectly free to
form and regulate their domestic institutions in
their own way." According to the plain construc
tion of the sentence, the words "domestic institu
tions" have a direct, as they have an appropriate
reference to slavery. "Domestic institutions" are
limited to the family. The relation between master
aud slave and a few others are "domestic institu
tions," and are entirely distinct from institutions of
apolitical character. Besides, there was no ques
tion then before Congress, nor indeed has there
since been any serious question before the people
of Kansas or the country, except that which relates
to the "domestic institution" of slavery.
The convention, after an angry and excited debate
finally determined, by a majority of only two, to
submit the question of slavery to the people, though
at the last, forty-three of the fifty delegates present
affixed their signiiures to the constitution.
A majority of the convention were in favor of es
tablishing slavery in Kansas. They accordingly in
serted an article in the Constitution for this purpose
Mmilar in form to those which had been adopted by
other territorial conventions. In the schedule,
however, providing for the transition from a territo
rial to a state government, the question has been
fairly and explicitly referred to the people, whether
they will have a constitution "with or without sla
very." It declares that before the constitution a
dopted by the convention "shall be sent to Congress
for admission as a slate," an election shall be held to
decide this question, at which all the white male in
habitants of the territory above the age of 21 are
entitled to vote. They are to vote by ballot; and
"the ballots cast at said election shall be endorsed
'constitution with slavery,' and 'constitution without
slavery.' " If there be a majority iu favor of the
constitution with slavery, then it is to be transmit
ted to Congress by the President of the Convention
in its original form. If, on the contrary, there shall
be a majority in favor of the "constitution with no
slavery," "then the article providing for slavery shall
be stricken from the constitution by the President of
this Convention," and it is expressly declared that
"no slavery shall exist in the state of Kansas, ex
cept thas the right of property in slaves uow in the
Territory shall in no manner be interfered with;"
and in that event it is made his duty to have the
constitution thusratified transmitted to the Congress
ot the United States for the admission of the state
into the Union.
At this election every citizen will have an oppor
tunity of expressing his opinion by his vote "whether
Kansas shall be received iu the Union with or with
out slavery," and thus this exciting question may
be peacefully settled in the very mode required by
the organic law. The election will be held under
legitimate authority, and if any portion of the in
habitants shail refuse to vote, a fair opportunity to
do so having been presented, this will be their own
voluntary act, and they alone will be responsible for
the consequences.
Whether Kansas shall be a free or a slave State
must eventually, under some authority, be decided
by an election; and the question can never be more
clearly or distinctly presented to the people than it
is at the present moment. Should this opportunity
be rejected, she may be involved for years in do
mestic discord, and possibly in civil war before she
can again make up the issue now so fortunately ten
dered, and again reach the point she has already
attained.
Kansas has for some years occupied too much of
the public attention. It is high time this should be
directed to far more important objects. When once
admitted iuto the Union, whether with or without
slavery, the excitement beyond her own limits will
speedily pass away, and she will then, for the first
time, be left, as siie ought to have bieti long since,
to manage her own affairs in her own way. If the
Constitution on the subject, be displeasing to a
majority of the people, no human power can pre
vent tbein from changing it within a brief period.
Under these circumstances, it may well be ques
tioned whether the peace and quiet of the whole
country are not of greater importance than the mere
temporary triumph of either of the political parties
in Kansas.
Should the constitution without slavery be adop
ted by the votes of the majority, the rights of pro
perty in slaves now in the Territory are reseived.
The number of these are very small; but if it wer.
greater the provision would be equally just and rea
sonable. These slaves were brought into the Terri
tory under the Constitution of the United States, an
are now the property of their masters.
This point has at length been finally decided b
the highest judicial trbunal of the country an.
this upon the plain principal that when a confedt
racy ol Sovereign States acquire a new Territory a
their joint expense, both equally and justlv deniaii.
that the citizens of one and all of them shall hav
the right to take into it whatsoever is recognized a
properto by the common constitution. To hav
summarily confiscated the property in slaves alread
in the territoty, would have been an oct of gro
injustice, and contrary to the practice of the oldi
States of the Union which have abolished slavery.
- Aa
A territorial government was established for Uuh
by act of Congress approved the 9th September
1850, and the Constitution and laws ot the United
States were thereby extended over it "so far as the
same, or any provisions thereof, may be applicable."
This act provided for the appointment by the Pre
sident, by and with the advice and consent of the
Senate, of governor, who vi to be ex-officio su
oerietendent of Indian Affairs, Secretary, three
Judges of the Supreme Court, Mai shall and Dis
trict Attorney. Subsequent acts provided for the
appointment of the officers necessary to extend out
land and our Indian system over the territory.
Brio-ham Young was appointed the first governor
on the 20th September, 1S50, and has held the of
fice ever since. Whilst Governor Young has been
both governor and superintendent of Indiau affairs,
throughout this period, he has been at the same
time the head ot the church called tbe Latter-Day
Saints, and professes to govern its members and dis
pose of their property by direct inspiration and au
thority from the Almighty. His power has been,
absolute over both church and State.
The people of Utah, almost exclusively belong to
this church, and believing wnu a uiui
thm h. u OAvernor of the Territory by Divine ap
nnintim-nt Vier obev his commands as if these
were diroet revelations from Heaven. 'If, therefore,
he ct ooses his government shall come into collision
with the Government oi me u mieu ouiies, me meiu
bers of the Mormon church will yield implicit obedi
ence to lii.4 will.
Unfortunatelv. existing facts leave but little
doubt that aucb" is his determination. Without en
tering upon a minute history ot occurrences, it is
sufficient . sv that al the officers of the tinted
States, iudirial and executive, with the single ex
ception of two Indian agents, have found it nec-
cessary Tor their own peisonai saieiy to witnaraw
from theTerritory. and there no longer remains any
government in Utah but the despotism of Brigbam
Young. This being the conditon of affairs in the
Terruorv, I could not misiaKe tne pain oi uuty.
As Chief Fxecut ve Magistrate I was bound to
r.-store the supremacy of the Constitution and laws
within its limits. In order to effect this purpose I
appointed anew Governor and other federal officers
for Utah, and sent with them a military force for
their protection, aud to aid as a posse coniitatus in
case ot need iu the execution of the laws.
With the religious opinions of the Mormons, as
long as they remained mere opinions, however de
plorable in "themselves and revolting to the moral
and religious sentiment of all Christendom, I had no
right to interfere. Actions alone, when in violation
of the constitution and laws of the United States.
become the ligitimate subjects for the jurisdiction of
the civd magistrates. My instructions to Governor
Cumming have therefore been framed in strict ac
cordance with these principles. At their date
hope was indulged that no neceissity might exist
for employing the military in restoning and main
taining the authority of tbe law; but this hope has
now vanished. Governor loung has by procla
matiod, declared his determination to maintain his
power by force, and has already committed acts of
liostily against the United States. Unless he should
retrace his steps the Territory of Utah will be in a
state of open rebvl ion. He has committed these
acts of hostility noiwithsianding Major Van Vlict,
an officer of the army, sent to Utah by the com
manding general to purchase provisions for troops,
had given him the strongest assurances of the peace
ful intentions of the government, ond that troops
would only be employed as a posse comitatus when
cal'ed on by the civil authority to aid in tbe execu
tion ot the laws.
There is reason to believe that Gov. Young has
long contemplated this result. He knows that the
continuance of his despotic power depends upon the
exclusion of all settlers from the territory except
those who will acknowledge his divine miiou and
implicitly obey his will, aud that an enlightened
public opinion there would soon prostrate institu
tions at war with the laws both of God and man.
He haa, therefore, for several years, in order to
maintain his independence, been industriously em
ployed in collecting and fabricating arms and muni
tions of war, and iu disciplining tie Mormons for
mi itary service. As Superintendent of Indian Af
fairs he has had an opportunity of tampering with
the Indian tribes, and exciting their hostile feelings
sgainst the United States. This, according to our
information, he has accomplished in regard to some
of these tribes, while others have remained true to
their allegiance, and have communicated his in
trigues to our Indian Agents. He has laid in a
store of provi-ions for three years, which, in case of
necessity, as he informed Major Van Vliet, he will
conceal, "and then take to the mountains, and bid
dtfitnee to all the powers of the government."
A great part of all this may be idle boasting; but
yet no wise government will lightly estimate the
efforts which may be inspired by such phrenzied
fanaticism as exists among the Mormons in Utah.
This is the first rebellion which has existed in our
Territories; and humanity itself requires that we
should put it down in such a maener that it shall be
the last. To ti itle with it, would be to encourage
it, and to render it formidable. We ought to go
there with such an imposing force as to convince
these de'uded people that resistance would be vain;
and thus spare blood. We can in this manner con
vince them that we are their fiiends, not their ene
mies, la order to accomplish this object it will be
necessary according to the estimate ot the War De
partment, to raise ibur additional regiments; and this
I earnestly recommend to Congress. At the present
moment of depression in the revenues oi tbe coun
try I am sorry to be obliged to recommend such a
measure, but I feel confident of the support of Con
gress, cost what it may, in suppressing the insur
rection and in restoring and maintaining the sover
eignty of tbe constitution and laws over the Terri
tory of Utah.
I recommend to Congress the establishment of a
territorial government over Arizonia, incorporating
with it such portions of New Mexico as they may
deem expedient. I need scarcely adduce argu
ments in support of this recommendation. We are
bound to protect the lives and property of our citi
zens inhabiting Aiizonia, and these are now without
sufficient protection. Their number is already con
siderable, and is rapidly increasing, notwithstanding
the disadvantages under which they labor. Be
sides, tbe proposed territory is believed to be rich
in mineral and agricultural resources, especially in
silver and copper. The mails of the United States
to California are now carried over it through its
whole extent, and this route is known to be the
nearest, and believed to be the best to the Pacific
Itong experience has deeply convinced me that a
strict construction of the powers granted to Con
gress is the only true as well as the onlysafe, the
ory of the constitution. Whilst this principle shad
guide my public conduct, I consider it clear that
under the war making power Congress majr ap
priate money for the construction of a military road
through the Territory of the United States, when
this is absolutely necessary for the defence of any
of the States against foreign invasion. The consti
tution has conferred upon Congress power to "de
clare war," "to raise and support armes;" "to pro
vide and maintain a navy," aud to call forth the mi
litia to "repel invasions." These high foreign pow
ers necessarily involve important and responsible
public duues, and among them there is none so
sacred and so imperative as that of preserving our
soil from tbe invasion of a foreign enemy.
The constitution has therefore, left nothing on
this point to construction, but .expressly requires
that "the United States shall protect each of them
(the States) against invasion." Now, if a military
road over our own Territories he ir.dispenaibly
necessary to enable us to meet and repel the in
vader, it lollowt as a necessary consequence not only
that we possess jhe power, but it is our imperative
duti to constrct such a road. Ic would be an
absurdity to invest a government with unlimited
power to make and conduct war, and at the same
time done to it only tbe means of reaching and de
feating tbe enemy at the frontier. Without such a
road it is quite evident we cannot "protect" Cali
fornia and our Pacific possessions "against invasion.'
We cannot by any other means transport men
and munitions of war from the Atlantic States in
sufficient time successfully to defend those remote
and distant portions of the Republic
Experience has proved that the routes across
the isthmus of Central America are at best but a
very uncertain and unreliable mode of communica
tion. But even if this were not the case, they
would at once be closed against us in the event of a
war with a naval power so much stronger than our
own as to be able to blockade thepoitsat either
end of these routes. After all, therefore, we can
only rely upon a military through our own territo
ries; and ever since the origin of the government.
Congress has been in the practice of appropriating
money from the public treasury for the construction
of such roads.
The difficulties and the expense of constructing a mili
tary railroad to couneet our Atlantic and Facitic Elates,
have been greatly exaggerated. The distance oo the Ar
xona route near the 3id pa allel of No.tti latitude, between
the western boundary or Texas on the Kio Grande and the
eastern boundary of California on the Colorado, from the
best explorations now within our knowledge, does not ex
ceed iour hundred and seventy miles, and the face of the
the country is, in the main, favorable, for obious reason
the government ought not to undertake th- work itself by
means of i own agents.
This ought to be committed to other agencies, which
Conttress might assist either by grants of land or money;
or bolh upon such terms and conditions as they may deem
most beneficial for the country. Provision might thus be
made not only for the safe, rapid, and economical trans
portation of troops and munitions of war, but also of the
.ul.lic mails. The commercial interests of tbe whole coun
try, both Eaaand West, would be srrcatly promoted by such
a road; aodbove all, it woula be a powerful additional
bond of union And, although advantages ot this kind,
whether posUl, commercial, or political. cannot confer
constitutional power, yet they may furoiac : auxiliary argu
nients in favor of expediting a work which, tn my judg
ment, j, clearly embraced within the war-making power.
For these reasons I commend to the friendly considera
tion of Congress the subject of the Pacific railroad, with
out finally committing myself to any particular rte
The report of the Secretary of the Treasury will furnish
detailed statement of the condition of the public finan
ces and of the respective branches of the public service de
volved upon that department of the government. By mis
rt-port it annears that the amount of revenue received from
a!l sourcesinto the Trea.ury during the fiscal year ending
the 80th of June, 1S59, was sixty-eight millions n?
drcd and thirtv-one thousand Ave hundred and thirteen
douaA and'sevencenni, (,63,681.518,67,) which am
onnt witl. .i.-hlance of nineteen million and nine hun
dred u thousand three "hundred and twenty -five
area and .ne !n" cnls. (1S.9.'125M .) remaining in
dollars and foriy-? Jnt t the Vear. made an
the treasury at. ne."-, ,he yemr of eigi.tyight mil
aggregate for the arv twothouMnd r.gM huodred
lion nve nunon- -- d twelTe cen. lss,03S.r-3,.
and birty-nine 40IUUW jon of CongreM to the re-
I would caU the tSL.imry of the Navy in favor of the
commendation or oflirht draught- Forsome
constuction
o'" "t hubeen obliged on man
ten . ohliired on man v occasions
years the governmen diyidll,u to ,uppi, iu pressing
to hire such steamers ". , we haTe no armed ves-
wants. At ibt l""V-- penetrate the rivers or enma.
sel in the navy n"i, inter any of the harbors south
We have but few minions of foreign and domestic
of Norfolk, altboJdoSt of the barton. Borne
commerce annually p
f onr most valuable tauM. ,
vulnerable Mab
r 'Peed, andheavv draw.
defence. Thi bTJ.' rwiUWe inTSS
and they will rTOUIr, lT, . r""00 win not be rreat.
U. keep them i?Zmt?"tl'nil "PeSSi
""ve as effective u mnT T peace they wist
-:... "ne or them should w. . ' a ore soars
maintain a so. -adron artd S,. , T tUo where we
n our Atl2ucp"S'''beeon.
efficiency combine to recowfJ: coooms7. utility, aa
able. TeatheUauTewerr2-
advmntagetothe nT.rlrrvTv meaiculafcu
construction would not eeeedTlil n' whoie 0,
thouad doiu, iiXIe J. h
Tne report of tbe fw.JT- . .
grave can,,dcrUon. It !'f t'erior i. wortiy
and diversified br "ocn "eron,, imp.
trusted to hi. by I... A.onHSf tJf n"," -are
the public Undi and o reii,. ?h"t,p"'Ie
Our system for the diSDosaW T 'he lni'
ating with the father, of thtLw!,,bl,J U"d
" experience poinTrTt v iT' Pv5
he growth and settle uvfnT of oar
Territories It aa worked ctern States aod
thirteen St..- '7 rd Woll in practice. II ..
of th. land,, and., 'J'
acres remain unsold hi.-.
j - - uraouui
presents to onr - . . -
a boundless
Oiioa
We have hemotodriAr?7. Power!
prosper thai
Public land. " V,6 acres ef the
.ear endin, SOU,
dt.ent,.twolno0iellJi?0f drW
tan and ght, n t-enty-to.
million nine hundred and r-jX2di. b6)- of which five
dred and a ne-rtx dolUrl l,,"?ho,'d "Kht "
l)wereaWuedtoA!2 "ety-one cent., (51,
including urert aS emptiou of the public SeS;
treasury theSLll. prenl,um eav.ng in the
the Tst JolV 7e.?muDen"t of tbe present year. o
Un thousand l,rT?'t'm nim,m aevVunired'aS
Drlr2ipf into " m7 for the first quarter of tb.
even hundred and fifty thouaaid dol fjXi""
king with the balance before stated aT.T-t'l
The arm.) .-V: '"
e" ,Mi e-penditnre during the Am quarter ,rth.
?n r?Je'r.Were '""XT"'"'' mmiorTt vTn hut!
and fourteen thousand five hundred and t...
present fiscal
dred and fourteen Ih... "'"'i''" "' -
eight dollar, and thirty Kvea Vent. r.?""2-,w;"'l
..eu.,.ars ana thirty seven cents f23 7! sat ifi
arri JLStiWg.? -""V-mm- million, nie h
YlZf n fiscal year was twenty-nine million sixty tbow!
"oof do!- and",';
ta&n i ,w?,oU irty-cen.
w.'; ? balance nmedeemed at this Umeir
twenty-five miU.o- one hundred and sixty five f noTl
Si? nd fift'-fo"" t,Ceecenu!
H,T,' o'Mtimated expenditures fcrjthe remaining
,nen "' 1 nKut bxal T' will. nFprXf
oJ X "" f lne forth in the Veport
tiZ' Hureon,Xerelore, thatLthoriT
ty should be given to supply any temporary deficiency,
the issue of a limited amount of treasury note.. ,V
ed, and I accordingly rommtnd "7p oVZl
March .POrt-f 0,0 Sec"'"?, the term of
of Ume '.iL' en m ODerlion tor so .hurt a period
ot lime, and under circumstances so unfavorable to a in
development ol iu result, as a revenue measure, thaTl.
should regard it as an inupaUcnt, at least for tbe present,
to undertake us revision. F s"
I transmit herewith the reports made to me by the Pecre
tane, of War and of the Navy, f ,he Interior .nd ofVbe
r-ostmaster-Geae al. They ail contain valuable and im
portant information and suggrstions which I commend
the favorable consideration of Congress.
I have already recommended the raising of four adU
tionl regiments and the report of the Becretary of War
presents strong reasons proving this increase of the army
under the existing circumstances, to be indispensable
Whilst the public lands as a source of revenue are of
freat importance, their importance is u gre.t-r as fur
nishing homes for a hardy and independent race of honest
and ludastnous eitixens, who desire to subdue and culii
vate the soil. They ought to be admiuutered mainly wish
a view of promoting thv wise and becevolent policy. Ia
appropriating them for any other purpose we ought to use
even greater economy than if they had been concerted '
into money and the proceeds were already in the publio
treasury. To squander away this richest and noblest in
heritance which anypeople have ever erjoyed nptn objects
or doubtful constituUonality or expediency, would be tm
violate one of the most important trusts ever committed
to any peo-4e. Whilst I do not deny im Congress the pow
er, when acting bona fide as a pioprietor, to giveaway
portions of them for the purpose f increasing the vaioe
of the remainder, yet considering tbe great temptatoa to'
abuse this power, we cannot be too cautious in iu exercise.
Actual settlers under existing laws are protected against
other purchasers at tbe public sales, in then- rirtat of pre
emption, to the extent of a quarter section, or 161 acres o
laid. The remainder may then be disposed of at publie
or entered at private sale in unlimited quantities.
Speculation ha. of late years prevailed to a. great extent
in the public lands. The consequence has been that large
portions of them have become the property ol individuals
sad companies, and thus the price is greatly enhanced le
those who wish to puichase for actual settlement. In or
der to limit tbe area of speculation as much as possible, ts
extinction of the Indian title and tl.e extension of tha
public surveys ought only to kern Dace with the tide of
emigration.
ir Conbress hereafter should grant alternate sections I
States or componies, as they have done heretofore, I recom
mend that the intermediate sections retained by the gov
ernment should be subject to pre-emption by actual set
tlers. It ought ever to be our cardinal policy to reserve the
publie lands as much as may Ik for actual settlers, aad this
at moderate prices. We shall thus not only best promote
the prosperity of the new States and Territories, and tbe
power of the Union, but shall secure homes for our poster
ity for many generations.
The extension of eur limits has brought within our Ju
risdiction many additional and populous tribes of Indians,
a lareer proportion of which are wild, untractable. and
diflicull to control. Predatory and warlike in their dispo
sition and habits, it is impossible altogether to restrain . .
tnem from committing aggressions on each other, as well -as
upon our frontier citizens and those emirratinff to onr
distant States and Territories. Hence, expensive military
expeditions are frequently necessary to overawe and chas
tise tne more lawless and hostile.
The present system of making; them valuable presents
to influence them to remain at peace, has proved ineffectu
al. It is believed to be the better policy to colonise them
in suitable localities, where they can receive the rudiments
of education and be gradually induced to adopt habiu of
industry. Se far as experiment has been tried it has work
ed well in practice, and will doubtless prove to be less ex
pensive thsn the present system.
The whole number of Indisns within our territorial lim
its is beliere-1 to he. from the best data in the Interior de
partment, about 3-25,(1).
The tribes of Cherokees, Ch fx-taws, Chickasawr, and
Creeks, settled in the territory set apart for them west of
Arkansas, are rapidly advancing in education and in all
the arts ot civilisation and self-government; and we may
indulire the aereeable anticipation that at no very distant
day they wi:i be incorporated into the Union ssoiie of th
sovereign States.
It will be seen from the report of the Postmaster General
thvt the tost-liffice Department still eontinnes to depend
on the Treasury, as it ha. been compelled to do so for sev
eral years past, for an important portion of the means ot
sustaining and extending iu operations. Their rapid
growth and expansion are shown by a decennial statement
of the number of post offices, and the length or post roads,
commencing- with the year 27. In that year there were
70"0 post-offices ; in 1MJ7, 11,177, in 1S47. 1S.H6; and in
1S57, tbey number 26,fc6. In this year 1724 post-offices
have been established and 704 discontinued, leaving a net
inere-se of 1 144. The postmasters of 863 oflice. are ap
pointed by the President.
The length of post reads in IS T wes 105,?S6 miles; ia
1S37 141,242 miles; in 187, 1 58,81 ti miles; and in the' year
1S57 there are 142,601 miles of pest road, including' it 89
miles of railroad, on which the mails are transported.
The expenditures of the department for the fiscal year
ending on the & in of June, 1S57, as adjufted by the Audi
tor, amounted to ll,50i,&i0. To defray theseexpendi
tures tt ere was to the crtd of the departmnet, on the 1st
July, 1SS6, the sum of 7s9,5S9, the gross revenue of the
year, including tbe annual allowances for the transporta
tion of free mail matter, produced (S 153,851; and the re
mainder was tupplied by the appropriation from the treas
ury of f s.SMI.OUO granted by the act ot Congress approved
August 18, 185, and by the appropriation of 666,668 made
by the act or March 8, lo57, leaving S25X.763 to be carried
to the credit of the department in the aecounu of the cur
rent year. I commend to your consideration the Jeport of
the department in relation to the eatabUsement of the
overland mail route from the Missitsippi river to Ban
Franeisea, ealtfontis. The rwaee was seleetedwih my
full concurrence as the one in my judgment best calculated
to attain the important objects contemplated by Congreas.
The late disasti ous monetary revul lion may have one
good effect should itcause both the government and the
leople to return to the practice of a wise and judicious
economy both in public and private expenditures.
An overflowing treasury ha. led to habiu of prodigality
and extravagance in eur legislation. It has inducec Con
r res. to make large appropriation to objecu for which
they never would have provided had it been necessary U
raise the amount ef revenue required tq, meet them by in
creased taxation or by loans. We are now comp-Ued I
pause in onr career, and to scrnuuise our expenditures
with the utmost vigilsnce; and in performing this duty, 1
pledge my co-operation to th extent of my constitutional
competency.
It ought to be observed at the same time that true publie
economy does not consist in withholding the means neces
sary to accomplish important natio-al obj..cts intrusted to
as by the constitution and especially uch as may be neces
sary for the commonjdefenee. In tbe present crisis of the
country it is our duty to confine our appropriations to ob
ject, of this character, unless in cases where justice to u
div.duals may demand a different course. In ail eases
care ought to be taken that the mocey granted by Con
eress shall be faithfully and economically applied.
Under the Federal Constitution, "every biU which shall
have passed the House of Representative, and the Senate
shall before it becomes a law," be approved and signed by
the President; and, if not approved, '-he shall teturn rt
with his objections to that house in which it originated. Ia
order toperlorm this high and responsible duty, sufficient
time mus; be aUowed the President to read and examine
every biU presented to him for approval. Unless this be
afforded, the Constitution becomes a dead letter lo this
particular; and even worse, it becomes a means of decep
tion. Our constituents.! seeing the President's approval
and signature attached to each act of Congress, are induced
to believe that be baa actually performed this duty, when
In truth, nothing is, in many ca-es, mora unfounded.
From the practice of Congress, such au exammabonof
each bill as the constitution requires has been tendered
impossible. The most imrKirtant busineM of each session U
generally err wded in its last hours, and the altemauve
presented to the President is either to violate the constitu
tional duty which he owes to the people, and approve bills
which for want of time, it is impossible he should have ex
amined, or. by his refusal to do this, subject the eountiy
and individuals to great loss and inconvenience.
Besides, a practice has grown up of late years to legis
late in appropriation bilU, at the last hours of the session,
on new and important subjects. This practice constrains
the President either to suffer measures to become laws
which he does not approve, or to incur the risk of stopping
the wheels of the rovernmeot by voting an appropriausa
bill. Former y, such bills were confined to specific appro
priation, for carrying into effect existing laws and tie
well-established policy or the country, and Intle was tnea
required by the President for their examination, .
For my own part, I have eMUMvaaety determined the 1
shall approve no but which 1 nave not examined, and
will be a case of extreme and most urgent necessity which
shall ever induce me to depart from tbja rule. I therefor
respectfully but earnestly recommend that the two swas
eswill allow the President at least two days previous to
the adjournment of each session within which no bill shall
be presented to him for approval. Under the existing
joint rule one day is allowed ; but this rule has been hith
erto so constantly suspended in practice that important
bUls continue to be presented to aim up till the very Isst
momenU of the session. .
In a large majority of eases no great public inconven
ience can arise from the want of time to examine thor pro
visions because the constitution has declared that if a bin
be presented -o the President within t) e last tea days of
the session he is not required to return it either with an ap
proval or with a veto," in which ease it shall not be aiaw.
It may then lie over and be taken up and Fussed '
next session Ore at inconvenience would only be part
en ced in regard to appropriation bills; but tortnly, un
der the late excellent law allowing a 1TT. . h L
per diem to the members of Congress, the expense and ia
convenience or a called session wiU be ratlj rroced
I cannot conclude without commending to your firora
ble consideration the interests of this district WJon5
representative on the floor of Congress .they have for thw
very reason peculiar claims upon our jnt regard. To Uus
I know, from my long acquaintance with them, tbey -vr
eminently entitled. JAMES BUCHANAN.
Washington, Dee. 8, 1857,
'V.