FILLMORE***


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A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS,

VOLUME V, PART 1

BY JAMES D. RICHARDSON

A REPRESENTATIVE FROM THE STATE OF TENNESSEE

1902






This volume, the fifth of the series, comprises a period of twelve
years. It includes the four years' term of the Taylor-Fillmore
Administration and the full terms of Presidents Pierce and Buchanan.
This brings the history down to March 4, 1861, the beginning of the late
war between the States. These twelve years form an important and
eventful epoch in the affairs of our country, as they immediately
precede the war and cover the official utterances of the Executives
during this period. Some of the more important events and incidents of
these twelve years are the Bulwer-Clayton treaty with Great Britain for
a joint occupancy of the proposed ship canal through Central America;
the compromise measures of 1850; the admission of California, Minnesota,
Oregon, and Kansas as States; the Gadsden purchase, by which the United
States acquired 45,535 square miles of territory, being portions of
Arizona and New Mexico; the Kansas-Nebraska legislation; the famous Dred
Scott decision; the John Brown insurrection, and the disruption of the
Democratic party in the national campaign of 1860.

This volume contains several veto messages which are interesting. By
President Pierce, vetoes of "An act making a grant of public lands to
the several States for the benefit of indigent insane persons;" of six
acts relating to internal improvements; of an act for a subsidy for
ocean mails, and of an act for the ascertainment and allowance of French
spoliation claims. By President Buchanan, vetoes of an act granting
lands for agricultural purposes; of two acts relating to internal
improvements, and of a homestead act.

Interesting reading is furnished in the protests of President Buchanan
against the action of the House of Representatives in ordering the
appointment of a committee to investigate the conduct of the President.
 The careful reader will find in this volume errors which the compiler
could not correct. For instance, on page 410 certain figures are given
from a report of the Postmaster-General, which when added do not produce
the total given. The error may arise from the failure to make the proper
addition, or it may be that the total is correct and that the figures
first given are incorrect. The original message contains the same error.
Similar errors occur elsewhere in the compilation. These matters are,
however, trivial and perhaps need not have been mentioned.

JAMES D. RICHARDSON.
JULY 4, 1897.





Zachary Taylor

March 5, 1849, to July 9, 1850






Zachary Taylor

Zachary Taylor was born in Orange County, Va., November 24, 1784. He was
the third son of Richard Taylor, a colonel in the War of the Revolution,
who was conspicuous for his zeal and courage. In 1785 his father removed
to Kentucky, then a sparsely occupied county of Virginia, and made his
home near the present city of Louisville, where he died. Zachary had but
little opportunity for attending school in this new settlement, but was
surrounded during all the years of his childhood and early manhood by
conditions and circumstances well adapted to form the character
illustrated by his eventful career. In 1808 he was appointed a
Lieutenant in the Seventh Infantry, and in 1810 was promoted to the
grade of captain in the same regiment. The same year was married to Miss
Margaret Smith, of Maryland. For meritorious conduct in defending Fort
Harrison, on the Wabash River, against the Indians received the brevet
of major. In 1814 commanded in a campaign against hostile Indians and
their British allies on Rock River. Was made lieutenant-colonel of the
First Infantry in 1819, and in 1832 became full colonel of that
regiment, with headquarters at Fort Crawford, Prairie du Chien. Was
occupied with his regiment fighting the Indians in the Black Hawk and
other campaigns until 1836, when he was transferred to Florida for
service in the Seminole War. For gallant conduct there the next year
received the brevet of brigadier-general, and in 1838 was appointed to
the chief command in Florida. In 1840 was assigned to command the
southern division of the western department of the Army. About this time
he made his family home at Baton Rouge, La. In 1845 was ordered to the
defense of Texas, which had been annexed to the United States. He went
to Corpus Christi, and on March 8, 1846, advanced, and after some
fighting, in which he routed and drove the enemy across the Rio Grande,
on May 18 occupied Matamoras. He remained there for a short period,
obtaining reenforcements. In September fought the enemy at Monterey and
captured that town. The following February fought and won the battle of
Buena Vista. In the meantime, besides engagements less important, he had
won the victories of Palo Alto and Resaca de la Palma, which created
great enthusiasm throughout the Union. The terms of capitulation granted
by him to the enemy at Monterey were not approved by the Government at
Washington. Soon after the battles of Palo Alto and Resaca de la Palma
he received the rank of brevet major-general, and on June 27, 1846, was
appointed major-general and was commander in chief of all the American
forces in Mexico until Major-General Scott was ordered there in 1846.
The latter part of November returned to his home in Louisiana. Upon his
return to the United States he was received wherever he went with
popular demonstrations. Was nominated for President by the national
convention of the Whig party at Philadelphia on June 7, 1848, on the
fourth ballot, defeating General Scott, Mr. Clay, and Mr. Webster. At
the election on November 7 the Whig ticket (Taylor and Fillmore) was
successful, receiving 163 electoral votes, while the Democratic
candidates (Cass and Butler) each received 127 votes. He was inaugurated
March 5, 1849, and died in Washington City July 9, 1850. Was buried in
Cave Hill Cemetery, Louisville, Ky.






INAUGURAL ADDRESS.

Elected by the American people to the highest office known to our laws,
I appear here to take the oath prescribed by the Constitution, and, in
compliance with a time-honored custom, to address those who are now
assembled.

The confidence and respect shown by my countrymen in calling me to be
the Chief Magistrate of a Republic holding a high rank among the nations
of the earth have inspired me with feelings of the most profound
gratitude; but when I reflect that the acceptance of the office which
their partiality has bestowed imposes the discharge of the most arduous
duties and involves the weightiest obligations, I am conscious that the
position which I have been called to fill, though sufficient to satisfy
the loftiest ambition, is surrounded by fearful responsibilities.
Happily, however, in the performance of my new duties I shall not be
without able cooperation. The legislative and judicial branches of the
Government present prominent examples of distinguished civil attainments
and matured experience, and it shall be my endeavor to call to my
assistance in the Executive Departments individuals whose talents,
integrity, and purity of character will furnish ample guaranties for the
faithful and honorable performance of the trusts to be committed to
their charge. With such aids and an honest purpose to do whatever is
right, I hope to execute diligently, impartially, and for the best
interests of the country the manifold duties devolved upon me.

In the discharge of these duties my guide will be the Constitution,
which I this day swear to "preserve, protect, and defend." For the
interpretation of that instrument I shall look to the decisions of the
judicial tribunals established by its authority and to the practice of
the Government under the earlier Presidents, who had so large a share in
its formation. To the example of those illustrious patriots I shall
always defer with reverence, and especially to his example who was by so
many titles "the Father of his Country."

To command the Army and Navy of the United States; with the advice and
consent of the Senate, to make treaties and to appoint ambassadors and
other officers; to give to Congress information of the state of the
Union and recommend such measures as he shall judge to be necessary; and
to take care that the laws shall be faithfully executed--these are the
most important functions intrusted to the President by the Constitution,
and it may be expected that I shall briefly indicate the principles
which will control me in their execution.

Chosen by the body of the people under the assurance that my
Administration would be devoted to the welfare of the whole country, and
not to the support of any particular section or merely local interest, I
this day renew the declarations I have heretofore made and proclaim my
fixed determination to maintain to the extent of my ability the
Government in its original purity and to adopt as the basis of my public
policy those great republican doctrines which constitute the strength of
our national existence.

In reference to the Army and Navy, lately employed with so much
distinction on active service, care shall be taken to insure the highest
condition of efficiency, and in furtherance of that object the military
and naval schools, sustained by the liberality of Congress, shall
receive the special attention of the Executive.

As American freemen we can not but sympathize in all efforts to extend
the blessings of civil and political liberty, but at the same time we
are warned by the admonitions of history and the voice of our own
beloved Washington to abstain from entangling alliances with foreign
nations. In all disputes between conflicting governments it is our
interest not less than our duty to remain strictly neutral, while our
geographical position, the genius of our institutions and our people,
the advancing spirit of civilization, and, above all, the dictates of
religion direct us to the cultivation of peaceful and friendly relations
with all other powers. It is to be hoped that no international question
can now arise which a government confident in its own strength and
resolved to protect its own just rights may not settle by wise
negotiation; and it eminently becomes a government like our own, founded
on the morality and intelligence of its citizens and upheld by their
affections, to exhaust every resort of honorable diplomacy before
appealing to arms. In the conduct of our foreign relations I shall
conform to these views, as I believe them essential to the best
interests and the true honor of the country.

The appointing power vested in the President imposes delicate and
onerous duties. So far as it is possible to be informed, I shall make
honesty, capacity, and fidelity indispensable prerequisites to the
bestowal of office, and the absence of either of these qualities shall
be deemed sufficient cause for removal.

It shall be my study to recommend such constitutional measures to
Congress as may be necessary and proper to secure encouragement and
protection to the great interests of agriculture, commerce, and
manufactures, to improve our rivers and harbors, to provide for the
speedy extinguishment of the public debt, to enforce a strict
accountability on the part of all officers of the Government and the
utmost economy in all public expenditures; but it is for the wisdom of
Congress itself, in which all legislative powers are vested by the
Constitution, to regulate these and other matters of domestic policy. I
shall look with confidence to the enlightened patriotism of that body to
adopt such measures of conciliation as may harmonize conflicting
interests and tend to perpetuate that Union which should be the
paramount object of our hopes and affections. In any action calculated
to promote an object so near the heart of everyone who truly loves his
country I will zealously unite with the coordinate branches of the
Government.

In conclusion I congratulate you, my fellow-citizens, upon the high
state of prosperity to which the goodness of Divine Providence has
conducted our common country. Let us invoke a continuance of the same
protecting care which has led us from small beginnings to the eminence
we this day occupy, and let us seek to deserve that continuance by
prudence and moderation in our councils, by well-directed attempts to
assuage the bitterness which too often marks unavoidable differences of
opinion, by the promulgation and practice of just and liberal
principles, and by an enlarged patriotism, which shall acknowledge no
limits but those of our own widespread Republic.

MARCH 5, 1849.





SPECIAL MESSAGES.



WASHINGTON, _March 13, 1849_.

_To the Senate of the United States:_

I herewith communicate to the Senate, in confidence, a report and
accompanying papers[1a] from the Secretary of State, in answer to its
resolution of the 12th instant.

[Footnote 1a: Instructions to United States minister at London relative
to further extension of reciprocity and equality in the laws of
navigation, and contemplating the opening of the coasting trade of the
United States to the vessels of other nations.]

Z. TAYLOR.



WASHINGTON, _March 20, 1849_.

_To the Senate of the United States:_

In answer to the resolution of the Senate of yesterday, passed in
executive session, requesting a communication of certain papers relative
to the amendments made by the Senate to the treaty of Guadalupe Hidalgo,
I transmit a report from the Secretary of State and the documents by
which it was accompanied. It is desirable that the latter should be
returned to the Department of State.

Z. TAYLOR.



WASHINGTON, _March 22, 1849_.

_To the Senate of the United States:_

In compliance with the request contained in the resolution of the Senate
yesterday, adopted in executive session, calling for certain papers in
relation to the amendments made by the Senate in the treaty of Guadalupe
Hidalgo, I transmit a report from the Secretary of State and the
documents by which it was accompanied.

Z. TAYLOR.




PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.


There is reason to believe that an armed expedition is about to be
fitted out in the United States with an intention to invade the island
of Cuba or some of the Provinces of Mexico. The best information which
the Executive has been able to obtain points to the island of Cuba as
the object of this expedition. It is the duty of this Government to
observe the faith of treaties and to prevent any aggression by our
citizens upon the territories of friendly nations. I have therefore
thought it necessary and proper to issue this my proclamation to warn
all citizens of the United States who shall connect themselves with an
enterprise so grossly in violation of our laws and our treaty
obligations that they will thereby subject themselves to the heavy
penalties denounced against them by our acts of Congress and will
forfeit their claim to the protection of their country. No such persons
must expect the interference of this Government in any form on their
behalf, no matter to what extremities they may be reduced in consequence
of their conduct. An enterprise to invade the territories of a friendly
nation, set on foot and prosecuted within the limits of the United
States, is in the highest degree criminal, as tending to endanger the
peace and compromit the honor of this nation; and therefore I exhort all
good citizens, as they regard our national reputation, as they respect
their own laws and the laws of nations, as they value the blessings of
peace and the welfare of their country, to discountenance and prevent by
all lawful means any such enterprise; and I call upon every officer of
this Government, civil or military, to use all efforts in his power to
arrest for trial and punishment every such offender against the laws
providing for the performance of our sacred obligations to friendly
powers.

Given under my hand the 11th day of August, A.D. 1849, and the
seventy-fourth of the Independence of the United States.

Z. TAYLOR.

By the President:
  J.M. CLAYTON,
    _Secretary of State_.





EXECUTIVE ORDER.


GENERAL ORDERS, No. 34.

WAR DEPARTMENT,

ADJUTANT-GENERAL'S OFFICE,

_Washington, June 19, 1849_.

I. The following orders of the President of the United States and
Secretary of War communicate to the Army the death of the late
ex-President, James K. Polk:


WASHINGTON, _June 19, 1849_.

The President with deep regret announces to the American people the
death of James K. Polk, late President of the United States, which
occurred at Nashville on the 15th instant.

A nation is suddenly called upon to mourn the loss of one the
recollection of whose long services in its councils will be forever
preserved on the tablets of history.

As a mark of respect to the memory of a citizen who has been
distinguished by the highest honors which his country could bestow, it
is ordered that the Executive Mansion and the several Departments at
Washington be immediately placed in mourning and all business be
suspended during to-morrow.

It is further ordered that the War and Navy Departments cause suitable
military and naval honors to be paid on this occasion to the memory of
the illustrious dead.

Z. TAYLOR.



WAR DEPARTMENT, _June 19, 1849_.

The President of the United States with deep regret announces to the
Army the death of James K. Polk, our distinguished and honored
fellow-citizen.

He died at Nashville the 15th instant, having but recently left the
theater of his high public duties at this capital and retired to his
home amid the congratulations of his fellow-citizens. He died in the
prime of life, after having received and enjoyed the highest honors of
the Republic.

His Administration was eventful. No branch of the Government will be
more intimately associated with it in history than the Army and its
glorious achievements. Accordingly, the President orders that
appropriate military honors shall be paid to his memory by the Army of
the United States.

The Adjutant-General will give the necessary instructions for carrying
into effect the foregoing orders.

G.W. CRAWFORD,

_Secretary of War_.


II. On the day succeeding the arrival of this general order at each
military post the troops will be paraded at 10 o'clock a.m. and the
order read to them, after which all labors for the day will cease.

The national flag will be displayed at half-staff.

At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and
at the close of the day a national salute of thirty guns.

The officers of the Army will wear crape on the left arm and on their
swords and the colors of the several regiments will be put in mourning
for the period of six months.

By order:

R. JONES,

_Adjutant-General_.




FIRST ANNUAL MESSAGE.


WASHINGTON, _December 4, 1849_.

_Fellow-Citizens of the Senate and House of Representatives:_

Sixty years have elapsed since the establishment of this Government, and
the Congress of the United States again assembles to legislate for an
empire of freemen. The predictions of evil prophets, who formerly
pretended to foretell the downfall of our institutions, are now
remembered only to be derided, and the United States of America at this
moment present to the world the most stable and permanent Government on
earth.

Such is the result of the labors of those who have gone before us. Upon
Congress will eminently depend the future maintenance of our system of
free government and the transmission of it unimpaired to posterity.

We are at peace with all the other nations of the world, and seek to
maintain our cherished relations of amity with them. During the past
year we have been blessed by a kind Providence with an abundance of the
fruits of the earth, and although the destroying angel for a time
visited extensive portions of our territory with the ravages of a
dreadful pestilence, yet the Almighty has at length deigned to stay his
hand and to restore the inestimable blessing of general health to a
people who have acknowledged His power, deprecated His wrath, and
implored His merciful protection.

While enjoying the benefits of amicable intercourse with foreign
nations, we have not been insensible to the distractions and wars which
have prevailed in other quarters of the world. It is a proper theme of
thanksgiving to Him who rules the destinies of nations that we have been
able to maintain amidst all these contests an independent and neutral
position toward all belligerent powers.

Our relations with Great Britain are of the most friendly character. In
consequence of the recent alteration of the British navigation acts,
British vessels, from British and other foreign ports, will under our
existing laws, after the 1st day of January next, be admitted to entry
in our ports with cargoes of the growth, manufacture, or production of
any part of the world on the same terms as to duties, imposts, and
charges as vessels of the United States with their cargoes, and our
vessels will be admitted to the same advantages in British ports,
entering therein on the same terms as British vessels. Should no order
in council disturb this legislative arrangement, the late act of the
British Parliament, by which Great Britain is brought within the terms
proposed by the act of Congress of the 1st of March, 1817, it is hoped
will be productive of benefit to both countries.

A slight interruption of diplomatic intercourse which occurred between
this Government and France, I am happy to say, has been terminated, and
our minister there has been received. It is therefore unnecessary to
refer now to the circumstances which led to that interruption. I need
not express to you the sincere satisfaction with which we shall welcome
the arrival of another envoy extraordinary and minister plenipotentiary
from a sister Republic to which we have so long been, and still remain,
bound by the strongest ties of amity.

Shortly after I had entered upon the discharge of the Executive duties I
was apprised that a war steamer belonging to the German Empire was being
fitted out in the harbor of New York with the aid of some of our naval
officers, rendered under the permission of the late Secretary of the
Navy. This permission was granted during an armistice between that
Empire and the Kingdom of Denmark, which had been engaged in the
Schleswig-Holstein war. Apprehensive that this act of intervention on
our part might be viewed as a violation of our neutral obligations
incurred by the treaty with Denmark and of the provisions of the act of
Congress of the 20th of April, 1818, I directed that no further aid
should be rendered by any agent or officer of the Navy; and I instructed
the Secretary of State to apprise the minister of the German Empire
accredited to this Government of my determination to execute the law of
the United States and to maintain the faith of treaties with all
nations. The correspondence which ensued between the Department of State
and the minister of the German Empire is herewith laid before you. The
execution of the law and the observance of the treaty were deemed by me
to be due to the honor of the country, as well as to the sacred
obligations of the Constitution. I shall not fail to pursue the same
course should a similar case arise with any other nation. Having avowed
the opinion on taking the oath of office that in disputes between
conflicting foreign governments it is our interest not less than our
duty to remain strictly neutral, I shall not abandon it. You will
perceive from the correspondence submitted to you in connection with
this subject that the course adopted in this case has been properly
regarded by the belligerent powers interested in the matter.

Although a minister of the United States to the German Empire was
appointed by my predecessor in August, 1848, and has for a long time
been in attendance at Frankfort-on-the-Main, and although a minister
appointed to represent that Empire was received and accredited here, yet
no such government as that of the German Empire has been definitively
constituted. Mr. Donelson, our representative at Frankfort, remained
there several months in the expectation that a union of the German
States under one constitution or form of government might at length be
organized. It is believed by those well acquainted with the existing
relations between Prussia and the States of Germany that no such union
can be permanently established without her cooperation. In the event of
the formation of such a union and the organization of a central power in
Germany of which she should form a part, it would become necessary to
withdraw our minister at Berlin; but while Prussia exists as an
independent kingdom and diplomatic relations are maintained with her
there can be no necessity for the continuance of the mission to
Frankfort. I have therefore recalled Mr. Donelson and directed the
archives of the legation at Frankfort to be transferred to the American
legation at Berlin.

Having been apprised that a considerable number of adventurers were
engaged in fitting out a military expedition within the United States
against a foreign country, and believing from the best information I
could obtain that it was destined to invade the island of Cuba, I deemed
it due to the friendly relations existing between the United States and
Spain, to the treaty between the two nations, to the laws of the United
States, and, above all, to the American honor to exert the lawful
authority of this Government in suppressing the expedition and
preventing the invasion. To this end I issued a proclamation enjoining
it upon the officers of the United States, civil and military, to use
all lawful means within their power. A copy of that proclamation is
herewith submitted. The expedition has been suppressed. So long as the
act of Congress of the 20th of April, 1818, which owes its existence to
the law of nations and to the policy of Washington himself, shall remain
on our statute books, I hold it to be the duty of the Executive
faithfully to obey its injunctions.

While this expedition was in progress I was informed that a foreigner
who claimed our protection had been clandestinely and, as was supposed,
forcibly carried off in a vessel from New Orleans to the island of Cuba.
I immediately caused such steps to be taken as I thought necessary, in
case the information I had received should prove correct, to vindicate
the honor of the country and the right of every person seeking an asylum
on our soil to the protection of our laws. The person alleged to have
been abducted was promptly restored, and the circumstances of the case
are now about to undergo investigation before a judicial tribunal. I
would respectfully suggest that although the crime charged to have been
committed in this case is held odious, as being in conflict with our
opinions on the subject of national sovereignty and personal freedom,
there is no prohibition of it or punishment for it provided in any act
of Congress. The expediency of supplying this defect in our criminal
code is therefore recommended to your consideration.

I have scrupulously avoided any interference in the wars and contentions
which have recently distracted Europe. During the late conflict between
Austria and Hungary there seemed to be a prospect that the latter might
become an independent nation. However faint that prospect at the time
appeared, I thought it my duty, in accordance with the general sentiment
of the American people, who deeply sympathized with the Magyar patriots,
to stand prepared, upon the contingency of the establishment by her of a
permanent government, to be the first to welcome independent Hungary
into the family of nations. For this purpose I invested an agent then in
Europe with power to declare our willingness promptly to recognize her
independence in the event of her ability to sustain it. The powerful
intervention of Russia in the contest extinguished the hopes of the
struggling Magyars. The United States did not at any time interfere in
the contest, but the feelings of the nation were strongly enlisted in
the cause, and by the sufferings of a brave people, who had made a
gallant, though unsuccessful, effort to be free.

Our claims upon Portugal have been during the past year prosecuted with
renewed vigor, and it has been my object to employ every effort of
honorable diplomacy to procure their adjustment. Our late chargé
d'affaires at Lisbon, the Hon. George W. Hopkins, made able and
energetic, but unsuccessful, efforts to settle these unpleasant matters
of controversy and to obtain indemnity for the wrongs which were the
subjects of complaint. Our present chargé d'affaires at that Court will
also bring to the prosecution of these claims ability and zeal. The
revolutionary and distracted condition of Portugal in past times has
been represented as one of the leading causes of her delay in
indemnifying our suffering citizens.

But I must now say it is matter of profound regret that these claims
have not yet been settled. The omission of Portugal to do justice to the
American claimants has now assumed a character so grave and serious that
I shall shortly make it the subject of a special message to Congress,
with a view to such ultimate action as its wisdom and patriotism may
suggest.

With Russia, Austria, Prussia, Sweden, Denmark, Belgium, the
Netherlands, and the Italian States we still maintain our accustomed
amicable relations.

During the recent revolutions in the Papal States our chargé d'affaires
at Rome has been unable to present his letter of credence, which,
indeed, he was directed by my predecessor to withhold until he should
receive further orders. Such was the unsettled condition of things in
those States that it was not deemed expedient to give him any
instructions on the subject of presenting his credential letter
different from those with which he had been furnished by the late
Administration until the 25th of June last, when, in consequence of the
want of accurate information of the exact state of things at that
distance from us, he was instructed to exercise his own discretion in
presenting himself to the then existing Government if in his judgment
sufficiently stable, or, if not, to await further events. Since that
period Rome has undergone another revolution, and he abides the
establishment of a government sufficiently permanent to justify him in
opening diplomatic intercourse with it.

With the Republic of Mexico it is our true policy to cultivate the most
friendly relations. Since the ratification of the treaty of Guadalupe
Hidalgo nothing has occurred of a serious character to disturb them. A
faithful observance of the treaty and a sincere respect for her rights
can not fail to secure the lasting confidence and friendship of that
Republic. The message of my predecessor to the House of Representatives
of the 8th of February last, communicating, in compliance with a
resolution of that body, a copy of a paper called a protocol, signed at
Queretaro on the 30th of May, 1848, by the commissioners of the United
States and the minister of foreign affairs of the Mexican Government,
having been a subject of correspondence between the Department of State
and the envoy extraordinary and minister plenipotentiary of that
Republic accredited to this Government, a transcript of that
correspondence is herewith submitted.

The commissioner on the part of the United States for marking the
boundary between the two Republics, though delayed in reaching San Diego
by unforeseen obstacles, arrived at that place within a short period
after the time required by the treaty, and was there joined by the
commissioner on the part of Mexico. They entered upon their duties, and
at the date of the latest intelligence from that quarter some progress
had been made in the survey. The expenses incident to the organization
of the commission and to its conveyance to the point where its
operations were to begin have so much reduced the fund appropriated by
Congress that a further sum, to cover the charges which must be incurred
during the present fiscal year, will be necessary. The great length of
frontier along which the boundary extends, the nature of the adjacent
territory, and the difficulty of obtaining supplies except at or near
the extremes of the line render it also indispensable that a liberal
provision should be made to meet the necessary charges during the fiscal
year ending on the 30th of June, 1851. I accordingly recommend this
subject to your attention.

In the adjustment of the claims of American citizens on Mexico, provided
for by the late treaty, the employment of counsel on the part of the
Government may become important for the purpose of assisting the
commissioners in protecting the interests of the United States. I
recommend this subject to the early and favorable consideration of
Congress.

Complaints have been made in regard to the inefficiency of the means
provided by the Government of New Granada for transporting the United
States mail across the Isthmus of Panama, pursuant to our postal
convention with that Republic of the 6th of March, 1844. Our chargé
d'affaires at Bogota has been directed to make such representations to
the Government of New Granada as will, it is hoped, lead to a prompt
removal of this cause of complaint.

The sanguinary civil war with which the Republic of Venezuela has for
some time past been ravaged has been brought to a close. In its progress
the rights of some of our citizens resident or trading there have been
violated. The restoration of order will afford the Venezuelan Government
an opportunity to examine and redress these grievances and others of
longer standing which our representatives at Caracas have hitherto
ineffectually urged upon the attention of that Government.

The extension of the coast of the United States on the Pacific and the
unexampled rapidity with which the inhabitants of California especially
are increasing in numbers have imparted new consequence to our relations
with the other countries whose territories border upon that ocean. It is
probable that the intercourse between those countries and our
possessions in that quarter, particularly with the Republic of Chili,
will become extensive and mutually advantageous in proportion as
California and Oregon shall increase in population and wealth. It is
desirable, therefore, that this Government should do everything in its
power to foster and strengthen its relations with those States, and that
the spirit of amity between us should be mutual and cordial.

I recommend the observance of the same course toward all other American
States. The United States stand as the great American power, to which,
as their natural ally and friend, they will always be disposed first to
look for mediation and assistance in the event of any collision between
them and any European nation. As such we may often kindly mediate in
their behalf without entangling ourselves in foreign wars or unnecessary
controversies. Whenever the faith of our treaties with any of them shall
require our interference, we must necessarily interpose.

A convention has been negotiated with Brazil providing for the
satisfaction of American claims on that Government, and it will be
submitted to the Senate. Since the last session of Congress we have
received an envoy extraordinary and minister plenipotentiary from that
Empire, and our relations with it are founded upon the most amicable
understanding.

Your attention is earnestly invited to an amendment of our existing laws
relating to the African slave trade with a view to the effectual
suppression of that barbarous traffic. It is not to be denied that this
trade is still in part carried on by means of vessels built in the
United States and owned or navigated by some of our citizens. The
correspondence between the Department of State and the minister and
consul of the United States at Rio de Janeiro, which has from time to
time been laid before Congress, represents that it is a customary device
to evade the penalties of our laws by means of sea letters. Vessels sold
in Brazil, when provided with such papers by the consul, instead of
returning to the United States for a new register proceed at once to the
coast of Africa for the purpose of obtaining cargoes of slaves. Much
additional information of the same character has recently been
transmitted to the Department of State. It has not been considered the
policy of our laws to subject an American citizen who in a foreign
country purchases a vessel built in the United States to the
inconvenience of sending her home for a new register before permitting
her to proceed on a voyage. Any alteration of the laws which might have
a tendency to impede the free transfer of property in vessels between
our citizens, or the free navigation of those vessels between different
parts of the world when employed in lawful commerce, should be well and
cautiously considered; but I trust that your wisdom will devise a method
by which our general policy in this respect may be preserved, and at the
same time the abuse of our flag by means of sea letters, in the manner
indicated, may be prevented.

Having ascertained that there is no prospect of the reunion of the five
States of Central America which formerly composed the Republic of that
name, we have separately negotiated with some of them treaties of amity
and commerce, which will be laid before the Senate.

A contract having been concluded with the State of Nicaragua by a
company composed of American citizens for the purpose of constructing a
ship canal through the territory of that State to connect the Atlantic
and Pacific oceans, I have directed the negotiation of a treaty with
Nicaragua pledging both Governments to protect those who shall engage
in and perfect the work. All other nations are invited by the State of
Nicaragua to enter into the same treaty stipulations with her; and the
benefit to be derived by each from such an arrangement will be the
protection of this great interoceanic communication against any power
which might seek to obstruct it or to monopolize its advantages. All
States entering into such a treaty will enjoy the right of passage
through the canal on payment of the same tolls. The work, if constructed
under these guaranties, will become a bond of peace instead of a subject
of contention and strife between the nations of the earth. Should the
great maritime States of Europe consent to this arrangement (and we have
no reason to suppose that a proposition so fair and honorable will be
opposed by any), the energies of their people and ours will cooperate in
promoting the success of the enterprise. I do not recommend any
appropriation from the National Treasury for this purpose, nor do I
believe that such an appropriation is necessary. Private enterprise, if
properly protected, will complete the work should it prove to be
feasible. The parties who have procured the charter from Nicaragua for
its construction desire no assistance from this Government beyond its
protection; and they profess that, having examined the proposed line of
communication, they will be ready to commence the undertaking whenever
that protection shall be extended to them. Should there appear to be
reason, on examining the whole evidence, to entertain a serious doubt of
the practicability of constructing such a canal, that doubt could be
speedily solved by an actual exploration of the route.

Should such a work be constructed under the common protection of all
nations, for equal benefits to all, it would be neither just nor
expedient that any great maritime state should command the
communication. The territory through which the canal may be opened ought
to be freed from the claims of any foreign power. No such power should
occupy a position that would enable it hereafter to exercise so
controlling an influence over the commerce of the world or to obstruct a
highway which ought to be dedicated to the common uses of mankind.

The routes across the Isthmus at Tehuantepec and Panama are also worthy
of our serious consideration. They did not fail to engage the attention
of my predecessor. The negotiator of the treaty of Guadalupe Hidalgo was
instructed to offer a very large sum of money for the right of transit
across the Isthmus of Tehuantepec. The Mexican Government did not accede
to the proposition for the purchase of the right of way, probably
because it had already contracted with private individuals for the
construction of a passage from the Guasacualco River to Tehuantepec. I
shall not renew any proposition to purchase for money a right which
ought to be equally secured to all nations on payment of a reasonable
toll to the owners of the improvement, who would doubtless be well
contented with that compensation and the guaranties of the maritime
states of the world in separate treaties negotiated with Mexico, binding
her and them to protect those who should construct the work. Such
guaranties would do more to secure the completion of the communication
through the territory of Mexico than any other reasonable consideration
that could be offered; and as Mexico herself would be the greatest
gainer by the opening of this communication between the Gulf and the
Pacific Ocean, it is presumed that she would not hesitate to yield her
aid in the manner proposed to accomplish an improvement so important to
her own best interests.

We have reason to hope that the proposed railroad across the Isthmus at
Panama will be successfully constructed under the protection of the late
treaty with New Granada, ratified and exchanged by my predecessor on the
10th day of June, 1848, which guarantees the perfect neutrality of the
Isthmus and the rights of sovereignty and property of New Granada over
that territory, "with a view that the free transit from ocean to ocean
may not be interrupted or embarrassed" during the existence of the
treaty. It is our policy to encourage every practicable route across the
isthmus which connects North and South America, either by railroad or
canal, which the energy and enterprise of our citizens may induce them
to complete, and I consider it obligatory upon me to adopt that policy,
especially in consequence of the absolute necessity of facilitating
intercourse with our possessions on the Pacific.

The position of the Sandwich Islands with reference to the territory of
the United States on the Pacific, the success of our persevering and
benevolent citizens who have repaired to that remote quarter in
Christianizing the natives and inducing them to adopt a system of
government and laws suited to their capacity and wants, and the use made
by our numerous whale ships of the harbors of the islands as places of
resort for obtaining refreshments and repairs all combine to render
their destiny peculiarly interesting to us. It is our duty to encourage
the authorities of those islands in their efforts to improve and elevate
the moral and political condition of the inhabitants, and we should make
reasonable allowances for the difficulties inseparable from this task.
We desire that the islands may maintain their independence and that
other nations should concur with us in this sentiment. We could in no
event be indifferent to their passing under the dominion of any other
power. The principal commercial states have in this a common interest,
and it is to be hoped that no one of them will attempt to interpose
obstacles to the entire independence of the islands.

The receipts into the Treasury for the fiscal year ending on the 30th of
June last were, in cash, $48,830,097.50, and in Treasury notes funded
$10,833,000, making an aggregate of $59,663,097.50; and the expenditures
for the same time were, in cash, $46,798,667.82, and in Treasury notes
funded $10,833,000, making an aggregate of $57,631,667.82.

The accounts and estimates which will be submitted to Congress in the
report of the Secretary of the Treasury show that there will probably
be a deficit occasioned by the expenses of the Mexican War and treaty on
the 1st day of July next of $5,828,121.66, and on the 1st day of July,
1851, of $10,547,092.73, making in the whole a probable deficit to be
provided for of $16,375,214.39. The extraordinary expenses of the war
with Mexico and the purchase of California and New Mexico exceed in
amount this deficit, together with the loans heretofore made for those
objects. I therefore recommend that authority be given to borrow
whatever sum may be necessary to cover that deficit. I recommend the
observance of strict economy in the appropriation and expenditure of
public money.

I recommend a revision of the existing tariff and its adjustment on a
basis which may augment the revenue. I do not doubt the right or duty of
Congress to encourage domestic industry, which is the great source of
national as well as individual wealth and prosperity. I look to the
wisdom and patriotism of Congress for the adoption of a system which may
place home labor at last on a sure and permanent footing and by due
encouragement of manufactures give a new and increased stimulus to
agriculture and promote the development of our vast resources and the
extension of our commerce. Believing that to the attainment of these
ends, as well as the necessary augmentation of the revenue and the
prevention of frauds, a system of specific duties is best adapted, I
strongly recommend to Congress the adoption of that system, fixing the
duties at rates high enough to afford substantial and sufficient
encouragement to our own industry and at the same time so adjusted as to
insure stability.

The question of the continuance of the subtreasury system is
respectfully submitted to the wisdom of Congress. If continued,
important modifications of it appear to be indispensable.

For further details and views on the above and other matters connected
with commerce, the finances, and revenue I refer to the report of the
Secretary of the Treasury.

No direct aid has been given by the General Government to the
improvement of agriculture except by the expenditure of small sums for
the collection and publication of agricultural statistics and for some
chemical analyses, which have been thus far paid for out of the patent
fund. This aid is, in my opinion, wholly inadequate. To give to this
leading branch of American industry the encouragement which it merits, I
respectfully recommend the establishment of an agricultural bureau, to
be connected with the Department of the Interior. To elevate the social
condition of the agriculturist, to increase his prosperity, and to
extend his means of usefulness to his country, by multiplying his
sources of information, should be the study of every statesman and a
primary object with every legislator.

No civil government having been provided by Congress for California, the
people of that Territory, impelled by the necessities of their political
condition, recently met in convention for the purpose of forming a
constitution and State government, which the latest advices give me
reason to suppose has been accomplished; and it is believed they will
shortly apply for the admission of California into the Union as a
sovereign State. Should such be the case, and should their constitution
be conformable to the requisitions of the Constitution of the United
States, I recommend their application to the favorable consideration of
Congress.

The people of New Mexico will also, it is believed, at no very distant
period present themselves for admission into the Union. Preparatory to
the admission of California and New Mexico the people of each will have
instituted for themselves a republican form of government, "laying its
foundation in such principles and organizing its powers in such form as
to them shall seem most likely to effect their safety and happiness." By
awaiting their action all causes of uneasiness may be avoided and
confidence and kind feeling preserved. With a view of maintaining the
harmony and tranquillity so dear to all, we should abstain from the
introduction of those exciting topics of a sectional character which
have hitherto produced painful apprehensions in the public mind; and I
repeat the solemn warning of the first and most illustrious of my
predecessors against furnishing "any ground for characterizing parties
by geographical discriminations."

A collector has been appointed at San Francisco under the act of
Congress extending the revenue laws over California, and measures have
been taken to organize the custom-houses at that and the other ports
mentioned in that act at the earliest period practicable. The collector
proceeded overland, and advices have not yet been received of his
arrival at San Francisco. Meanwhile, it is understood that the customs
have continued to be collected there by officers acting under the
military authority, as they were during the Administration of my
predecessor. It will, I think, be expedient to confirm the collections
thus made, and direct the avails (after such allowances as Congress may
think fit to authorize) to be expended within the Territory or to be
paid into the Treasury for the purpose of meeting appropriations for the
improvement of its rivers and harbors.

A party engaged on the coast survey was dispatched to Oregon in January
last. According to the latest advices, they had not left California; and
directions have been given to them, as soon as they shall have fixed on
the sites of the two light-houses and the buoys authorized to be
constructed and placed in Oregon, to proceed without delay to make
reconnoissances of the most important points on the coast of California,
and especially to examine and determine on sites for light-houses on
that coast, the speedy erection of which is urgently demanded by our
rapidly increasing commerce.

I have transferred the Indian agencies from upper Missouri and Council
Bluffs to Santa Fe and Salt Lake, and have caused to be appointed
sub-agents in the valleys of the Gila, the Sacramento, and the San
Joaquin rivers. Still further legal provisions will be necessary for the
effective and successful extension of our system of Indian intercourse
over the new territories.

I recommend the establishment of a branch mint in California, as it
will, in my opinion, afford important facilities to those engaged in
mining, as well as to the Government in the disposition of the mineral
lands.

I also recommend that commissions be organized by Congress to examine
and decide upon the validity of the present subsisting land titles in
California and New Mexico, and that provision be made for the
establishment of offices of surveyor-general in New Mexico, California,
and Oregon and for the surveying and bringing into market the public
lands in those Territories. Those lands, remote in position and
difficult of access, ought to be disposed of on terms liberal to all,
but especially favorable to the early emigrants.

In order that the situation and character of the principal mineral
deposits in California may be ascertained, I recommend that a geological
and mineralogical exploration be connected with the linear surveys, and
that the mineral lands be divided into small lots suitable for mining
and be disposed of by sale or lease, so as to give our citizens an
opportunity of procuring a permanent right of property in the soil. This
would seem to be as important to the success of mining as of
agricultural pursuits.

The great mineral wealth of California and the advantages which its
ports and harbors and those of Oregon afford to commerce, especially
with the islands of the Pacific and Indian oceans and the populous
regions of eastern Asia, make it certain that there will arise in a few
years large and prosperous communities on our western coast. It
therefore becomes important that a line of communication, the best and
most expeditious which the nature of the country will admit, should be
opened within the territory of the United States from the navigable
waters of the Atlantic or the Gulf of Mexico to the Pacific. Opinion, as
elicited and expressed by two large and respectable conventions lately
assembled at St. Louis and Memphis, points to a railroad as that which,
if practicable, will best meet the wishes and wants of the country. But
while this, if in successful operation, would be a work of great
national importance and of a value to the country which it would be
difficult to estimate, it ought also to be regarded as an undertaking of
vast magnitude and expense, and one which must, if it be indeed
practicable, encounter many difficulties in its construction and use.
Therefore, to avoid failure and disappointment; to enable Congress to
judge whether in the condition of the country through which it must pass
the work be feasible, and, if it be found so, whether it should be
undertaken as a national improvement or left to individual enterprise,
and in the latter alternative what aid, if any, ought to be extended to
it by the Government, I recommend as a preliminary measure a careful
reconnoissance of the several proposed routes by a scientific corps and
a report as to the practicability of making such a road, with an
estimate of the cost of its construction and support.

For further views on these and other matters connected with the duties
of the home department I refer you to the report of the Secretary of the
Interior.

I recommend early appropriations for continuing the river and harbor
improvements which have been already begun, and also for the
construction of those for which estimates have been made, as well as for
examinations and estimates preparatory to the commencement of such
others as the wants of the country, and especially the advance of our
population over new districts and the extension of commerce, may render
necessary. An estimate of the amount which can be advantageously
expended within the next fiscal year under the direction of the Bureau
of Topographical Engineers accompanies the report of the Secretary of
War, to which I respectfully invite the attention of Congress.

The cession of territory made by the late treaty with Mexico has greatly
extended our exposed frontier and rendered its defense more difficult.
That treaty has also brought us under obligations to Mexico, to comply
with which a military force is requisite. But our military establishment
is not materially changed as to its efficiency from the condition in
which it stood before the commencement of the Mexican War. Some addition
to it will therefore be necessary, and I recommend to the favorable
consideration of Congress an increase of the several corps of the Army
at our distant Western posts, as proposed in the accompanying report of
the Secretary of War.

Great embarrassment has resulted from the effect upon rank in the Army
heretofore given to brevet and staff commissions. The views of the
Secretary of War on this subject are deemed important, and if carried
into effect will, it is believed, promote the harmony of the service.
The plan proposed for retiring disabled officers and providing an asylum
for such of the rank and file as from age, wounds, and other infirmities
occasioned by service have become unfit to perform their respective
duties is recommended as a means of increasing the efficiency of the
Army and as an act of justice due from a grateful country to the
faithful soldier.

The accompanying report of the Secretary of the Navy presents a full and
satisfactory account of the condition and operations of the naval
service during the past year. Our citizens engaged in the legitimate
pursuits of commerce have enjoyed its benefits. Wherever our national
vessels have gone they have been received with respect, our officers
have been treated with kindness and courtesy, and they have on all
occasions pursued a course of strict neutrality, in accordance with the
policy of our Government.

The naval force at present in commission is as large as is admissible
with the number of men authorized by Congress to be employed.

I invite your attention to the recommendation of the Secretary of the
Navy on the subject of a reorganization of the Navy in its various
grades of officers, and the establishing of a retired list for such of
the officers as are disqualified for active and effective service.
Should Congress adopt some such measure as is recommended, it will
greatly increase the efficiency of the Navy and reduce its expenditures.

I also ask your attention to the views expressed by him in reference to
the employment of war steamers and in regard to the contracts for the
transportation of the United States mails and the operation of the
system upon the prosperity of the Navy.

By an act of Congress passed August 14, 1848, provision was made for
extending post-office and mail accommodations to California and Oregon.
Exertions have been made to execute that law, but the limited provisions
of the act, the inadequacy of the means it authorizes, the ill
adaptation of our post-office laws to the situation of that country, and
the measure of compensation for services allowed by those laws, compared
with the prices of labor and rents in California, render those exertions
in a great degree ineffectual. More particular and efficient provision
by law is required on this subject.

The act of 1845 reducing postage has now, by its operation during four
years, produced results fully showing that the income from such reduced
postage is sufficient to sustain the whole expense of the service of the
Post-Office Department, not including the cost of transportation in mail
steamers on the lines from New York to Chagres and from Panama to
Astoria, which have not been considered by Congress as properly
belonging to the mail service.

It is submitted to the wisdom of Congress whether a further reduction of
postage should not now be made, more particularly on the letter
correspondence. This should be relieved from the unjust burden of
transporting and delivering the franked matter of Congress, for which
public service provision should be made from the Treasury. I confidently
believe that a change may safely be made reducing all single-letter
postage to the uniform rate of 5 cents, regardless of distance, without
thereby imposing any greater tax on the Treasury than would constitute a
very moderate compensation for this public service; and I therefore
respectfully recommend such a reduction. Should Congress prefer to
abolish the franking privilege entirely, it seems probable that no
demand on the Treasury would result from the proposed reduction of
postage. Whether any further diminution should now be made, or the
result of the reduction to 5 cents, which I have recommended, should be
first tested, is submitted to your decision.

Since the commencement of the last session of Congress a postal treaty
with Great Britain has been received and ratified, and such relations
have been formed by the post-office departments of the two countries in
pursuance of that treaty as to carry its provisions into full operation.
The attempt to extend this same arrangement through England to France
has not been equally successful, but the purpose has not been abandoned.

For a particular statement of the condition of the Post-Office
Department and other matters connected with that branch of the public
service I refer you to the report of the Postmaster-General.

By the act of the 3d of March, 1849, a board was constituted to make
arrangements for taking the Seventh Census, composed of the Secretary
of State, the Attorney-General, and the Postmaster-General; and it was
made the duty of this board "to prepare and cause to be printed such
forms and schedules as might be necessary for the full enumeration of
the inhabitants of the United States, and also proper forms and
schedules for collecting in statistical tables, under proper heads, such
information as to mines, agriculture, commerce, manufactures, education,
and other topics as would exhibit a full view of the pursuits, industry,
education, and resources of the country." The duties enjoined upon the
census board thus established having been performed, it now rests with
Congress to enact a law for carrying into effect the provision of the
Constitution which requires an actual enumeration of the people of the
United States within the ensuing year.

Among the duties assigned by the Constitution to the General Government
is one of local and limited application, but not on that account the
less obligatory. I allude to the trust committed to Congress as the
exclusive legislator and sole guardian of the interests of the District
of Columbia. I beg to commend these interests to your kind attention. As
the national metropolis the city of Washington must be an object of
general interest; and founded, as it was, under the auspices of him
whose immortal name it bears, its claims to the fostering care of
Congress present themselves with additional strength. Whatever can
contribute to its prosperity must enlist the feelings of its
constitutional guardians and command their favorable consideration.

Our Government is one of limited powers, and its successful
administration eminently depends on the confinement of each of its
coordinate branches within its own appropriate sphere. The first section
of the Constitution ordains that--

   All legislative powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives.

The Executive has authority to recommend (not to dictate) measures to
Congress. Having performed that duty, the executive department of the
Government can not rightfully control the decision of Congress on any
subject of legislation until that decision shall have been officially
submitted to the President for approval. The check provided by the
Constitution in the clause conferring the qualified veto will never be
exercised by me except in the cases contemplated by the fathers of the
Republic. I view it as an extreme measure, to be resorted to only in
extraordinary cases, as where it may become necessary to defend the
executive against the encroachments of the legislative power or to
prevent hasty and inconsiderate or unconstitutional legislation. By
cautiously confining this remedy within the sphere prescribed to it in
the cotemporaneous expositions of the framers of the Constitution, the
will of the people, legitimately expressed on all subjects of
legislation through their constitutional organs, the Senators and
Representatives of the United States, will have its full effect. As
indispensable to the preservation of our system of self-government, the
independence of the representatives of the States and the people is
guaranteed by the Constitution, and they owe no responsibility to any
human power but their constituents. By holding the representative
responsible only to the people, and exempting him from all other
influences, we elevate the character of the constituent and quicken his
sense of responsibility to his country. It is under these circumstances
only that the elector can feel that in the choice of the lawmaker he is
himself truly a component part of the sovereign power of the nation.
With equal care we should study to defend the rights of the executive
and judicial departments. Our Government can only be preserved in its
purity by the suppression and entire elimination of every claim or
tendency of one coordinate branch to encroachment upon another. With the
strict observance of this rule and the other injunctions of the
Constitution, with a sedulous inculcation of that respect and love for
the Union of the States which our fathers cherished and enjoined upon
their children, and with the aid of that overruling Providence which has
so long and so kindly guarded our liberties and institutions, we may
reasonably expect to transmit them, with their innumerable blessings, to
the remotest posterity.

But attachment to the Union of the States should be habitually fostered
in every American heart. For more than half a century, during which
kingdoms and empires have fallen, this Union has stood unshaken. The
patriots who formed it have long since descended to the grave; yet still
it remains, the proudest monument to their memory and the object of
affection and admiration with everyone worthy to bear the American name.
In my judgment its dissolution would be the greatest of calamities, and
to avert that should be the study of every American. Upon its
preservation must depend our own happiness and that of countless
generations to come. Whatever dangers may threaten it, I shall stand by
it and maintain it in its integrity to the full extent of the
obligations imposed and the powers conferred upon me by the
Constitution.

Z. TAYLOR.




SPECIAL MESSAGES.


WASHINGTON, _December 17, 1849_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and His Majesty the
Emperor of Brazil, signed at Rio de Janeiro on the 27th of January last,
providing for the adjustment of claims of citizens of the United States
on the Brazilian Government. A copy of a dispatch from Mr. Tod, the
United States minister at Rio de Janeiro, relative to the convention is
also herewith communicated. As it is understood that the Emperor's
ratification is ready to be exchanged for that of the United States, and
as the period limited for the exchange will expire on the 27th of next
month, it is desirable that the decision of the Senate in regard to the
instrument should be known as soon as may be convenient.

Z. TAYLOR.



WASHINGTON, _December 21, 1849_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to
ratification, a treaty between the United States and His Majesty the
King of the Hawaiian Islands, yesterday concluded and signed in this
city on the part of the respective Governments by the Secretary of State
of the United States and by James Jackson Jarves, His Hawaiian Majesty's
special commissioner.

Z. TAYLOR.



WASHINGTON, _December 27, 1849_.

_To the Senate and House of Representatives:_

In consequence of the unexpected delay in proceeding to business, I deem
it necessary to invite the immediate attention of Congress to so much of
the report of the Secretary of the Treasury as relates to the
appropriations required for the expenses of collecting the revenue for
the second half of the current fiscal year.

Z. TAYLOR.



WASHINGTON, _January 4, 1850_.

_To the Senate and House of Representatives of the United States:_

I herewith submit to you copies of a correspondence with the lady of Sir
John Franklin, relative to the well-known expedition under his command
to the arctic regions for the discovery of a northwest passage. On the
receipt of her first letter imploring the aid of the American Government
in a search for the missing ships engaged in an enterprise which
interested all civilized nations, I anxiously sought the means of
affording that assistance, but was prevented from accomplishing the
object I had in view in consequence of the want of vessels suitable to
encounter the perils of a proper exploration, the lateness of the
season, and the want of an appropriation by Congress to enable me to
furnish and equip an efficient squadron for that object. All that I
could do in compliance with a request which I was deeply anxious to
gratify was to cause the advertisements of reward promulged by the
British Government and the best information I could obtain as to the
means of finding the vessels under the command of Sir John Franklin to
be widely circulated among our whalers and seafaring men whose spirit
of enterprise might lead them to the inhospitable regions where that
heroic officer and his brave followers, who periled their lives in the
cause of science and for the benefit of the world, were supposed to be
imprisoned among the icebergs or wrecked upon a desert shore.

Congress being now in session, the propriety and expediency of an
appropriation for fitting out an expedition to proceed in search of the
missing ships, with their officers and crews, is respectfully submitted
to your consideration.

Z. TAYLOR.



EXECUTIVE OFFICE, _January 14, 1850_.

THE PRESIDENT OF THE SENATE OF THE UNITED STATES.

SIR: I transmit herewith, to be laid before the Senate for its
constitutional action thereon, a treaty concluded with the half-breeds
of the Dacotah or Sioux Indians for lands reserved for them in the
treaty of July 15, 1830, with the Sioux and other Indians, with
accompanying papers.

Z. TAYLOR.



WASHINGTON, _January 14, 1850_.

_To the Senate of the United States:_

I herewith transmit reports from the Secretary of State and the
Secretary of the Navy, containing the information called for by the
resolution of the Senate of the 7th instant, in relation to the
abduction[2a] of Rey, _alias_ Garcia, from New Orleans.

[Footnote 2a: By the Spanish consul at New Orleans.]

Z. TAYLOR.



WASHINGTON, _January 14, 1850_.

_To the Senate of the United States:_

I transmit to the Senate, for their consideration, a copy of a
correspondence between the Department of State and the chargé d'affaires
of Austria near this Government, on the subject of the convention for
the extension of certain stipulations contained in the treaty of
commerce and navigation of August 27, 1829, between the United States
and Austria, concluded and signed on the 8th of May, 1848, and submitted
to the Senate on the same day by my predecessor.

Z. TAYLOR.



WASHINGTON, _January 23, 1850_.

_To the Senate of the United States:_

I transmit to the Senate, in answer to a resolution of that body
passed on the 17th instant, the accompanying reports of heads of
Departments, which contain all the official information in the
possession of the Executive asked for by the resolution.

On coming into office I found the military commandant of the Department
of California exercising the functions of civil governor in that
Territory, and left, as I was, to act under the treaty of Guadalupe
Hidalgo, without the aid of any legislative provision establishing a
government in that Territory, I thought it best not to disturb that
arrangement, made under my predecessor, until Congress should take some
action on that subject. I therefore did not interfere with the powers of
the military commandant, who continued to exercise the functions of
civil governor as before; but I made no such appointment, conferred no
such authority, and have allowed no increased compensation to the
commandant for his services.

With a view to the faithful execution of the treaty so far as lay in the
power of the Executive, and to enable Congress to act at the present
session with as full knowledge and as little difficulty as possible on
all matters of interest in these Territories, I sent the Hon. Thomas
Butler King as bearer of dispatches to California, and certain officers
to California and New Mexico, whose duties are particularly defined in
the accompanying letters of instruction addressed to them severally by
the proper Departments.

I did not hesitate to express to the people of those Territories my
desire that each Territory should, if prepared to comply with the
requisitions of the Constitution of the United States, form a plan of a
State constitution and submit the same to Congress with a prayer for
admission into the Union as a State, but I did not anticipate, suggest,
or authorize the establishment of any such government without the assent
of Congress, nor did I authorize any Government agent or officer to
interfere with or exercise any influence or control over the election of
delegates or over any convention in making or modifying their domestic
institutions or any of the provisions of their proposed constitution. On
the contrary, the instructions given by my orders were that all measures
of domestic policy adopted by the people of California must originate
solely with themselves; that while the Executive of the United States
was desirous to protect them in the formation of any government
republican in its character, to be at the proper time submitted to
Congress, yet it was to be distinctly understood that the plan of such a
government must at the same time be the result of their own deliberate
choice and originate with themselves, without the interference of the
Executive.

I am unable to give any information as to laws passed by any supposed
government in California or of any census taken in either of the
Territories mentioned in the resolution, as I have no information on
those subjects.

As already stated, I have not disturbed the arrangements which I found
had existed under my predecessor.

In advising an early application by the people of these Territories for
admission as States I was actuated principally by an earnest desire to
afford to the wisdom and patriotism of Congress the opportunity of
avoiding occasions of bitter and angry dissensions among the people of
the United States.

Under the Constitution every State has the right of establishing and
from time to time altering its municipal laws and domestic institutions
independently of every other State and of the General Government,
subject only to the prohibitions and guaranties expressly set forth in
the Constitution of the United States. The subjects thus left
exclusively to the respective States were not designed or expected to
become topics of national agitation. Still, as under the Constitution
Congress has power to make all needful rules and regulations respecting
the Territories of the United States, every new acquisition of territory
has led to discussions on the question whether the system of involuntary
servitude which prevails in many of the States should or should not be
prohibited in that territory. The periods of excitement from this cause
which have heretofore occurred have been safely passed, but during the
interval, of whatever length, which may elapse before the admission of
the Territories ceded by Mexico as States it appears probable that
similar excitement will prevail to an undue extent.

Under these circumstances I thought, and still think, that it was my
duty to endeavor to put it in the power of Congress, by the admission of
California and New Mexico as States, to remove all occasion for the
unnecessary agitation of the public mind.

It is understood that the people of the western part of California have
formed a plan of a State constitution and will soon submit the same to
the judgment of Congress and apply for admission as a State. This course
on their part, though in accordance with, was not adopted exclusively in
consequence of, any expression of my wishes, inasmuch as measures
tending to this end had been promoted by the officers sent there by my
predecessor, and were already in active progress of execution before any
communication from me reached California. If the proposed constitution
shall, when submitted to Congress, be found to be in compliance with the
requisitions of the Constitution of the United States, I earnestly
recommend that it may receive the sanction of Congress.

The part of California not included in the proposed State of that name
is believed to be uninhabited, except in a settlement of our countrymen
in the vicinity of Salt Lake.

A claim has been advanced by the State of Texas to a very large portion
of the most populous district of the Territory commonly designated by
the name of New Mexico. If the people of New Mexico had formed a plan of
a State government for that Territory as ceded by the treaty of
Guadalupe Hidalgo, and had been admitted by Congress as a State, our
Constitution would have afforded the means of obtaining an adjustment of
the question of boundary with Texas by a judicial decision. At present,
however, no judicial tribunal has the power of deciding that question,
and it remains for Congress to devise some mode for its adjustment.
Meanwhile I submit to Congress the question whether it would be
expedient before such adjustment to establish a Territorial government,
which by including the district so claimed would practically decide the
question adversely to the State of Texas, or by excluding it would
decide it in her favor. In my opinion such a course would not be
expedient, especially as the people of this Territory still enjoy the
benefit and protection of their municipal laws originally derived from
Mexico and have a military force stationed there to protect them against
the Indians. It is undoubtedly true that the property, lives, liberties,
and religion of the people of New Mexico are better protected than they
ever were before the treaty of cession.

Should Congress, when California shall present herself for incorporation
into the Union, annex a condition to her admission as a State affecting
her domestic institutions contrary to the wishes of her people, and even
compel her temporarily to comply with it, yet the State could change her
constitution at any time after admission when to her it should seem
expedient. Any attempt to deny to the people of the State the right of
self-government in a matter which peculiarly affects themselves will
infallibly be regarded by them as an invasion of their rights, and, upon
the principles laid down in our own Declaration of Independence, they
will certainly be sustained by the great mass of the American people. To
assert that they are a conquered people and must as a State submit to
the will of their conquerors in this regard will meet with no cordial
response among American freemen. Great numbers of them are native
citizens of the United States, not inferior to the rest of our
countrymen in intelligence and patriotism, and no language of menace to
restrain them in the exercise of an undoubted right, substantially
guaranteed to them by the treaty of cession itself, shall ever be
uttered by me or encouraged and sustained by persons acting under my
authority. It is to be expected that in the residue of the territory
ceded to us by Mexico the people residing there will at the time of
their incorporation into the Union as a State settle all questions of
domestic policy to suit themselves.

No material inconvenience will result from the want for a short period
of a government established by Congress over that part of the territory
which lies eastward of the new State of California; and the reasons for
my opinion that New Mexico will at no very distant period ask for
admission into the Union are founded on unofficial information which, I
suppose, is common to all who have cared to make inquiries on that
subject.

Seeing, then, that the question which now excites such painful
sensations in the country will in the end certainly be settled by the
silent effect of causes independent of the action of Congress, I again
submit to your wisdom the policy recommended in my annual message of
awaiting the salutary operation of those causes, believing that we shall
thus avoid the creation of geographical parties and secure the harmony
of feeling so necessary to the beneficial action of our political
system. Connected, as the Union is, with the remembrance of past
happiness, the sense of present blessings, and the hope of future peace
and prosperity, every dictate of wisdom, every feeling of duty, and
every emotion of patriotism tend to inspire fidelity and devotion to it
and admonish us cautiously to avoid any unnecessary controversy which
can either endanger it or impair its strength, the chief element of
which is to be found in the regard and affection of the people for each
other.

Z. TAYLOR.

[A similar message, dated January 21, 1850, was sent to the House of
Representatives, in answer to a resolution of that body.]



WASHINGTON, _January 23, 1850_.

_To the Senate of the United States:_

I transmit to the Senate a copy of the convention between the United
States and His Majesty the Emperor of Brazil, providing for the
satisfaction of claims of citizens of the United States against the
Brazilian Government, signed at Rio de Janeiro on the 27th of January
last, and the ratifications of which were exchanged in this city on the
18th instant. It is desirable that Congress should prescribe the mode in
which the claims referred to are to be adjusted and the money stipulated
to be paid by Brazil shall be distributed amongst the claimants.
Extracts from dispatches of the minister of the United States at Rio de
Janeiro and a copy of a letter from an agent of claimants there are also
herewith communicated, to which your attention is invited. I have
authorized our minister to demand, receive, and give acquittances for
the amount payable by Brazil, and have caused him to be instructed to
remit the same to the Treasury of the United States.

Z. TAYLOR.

[The same message was sent to the House of Representatives.]



WASHINGTON, _January 30, 1850 _.

_To the Senate of the United States:_

In reply to the resolution of the Senate of the 7th instant, requesting
of me all the official correspondence since the 4th of March last
between this Government and its military authorities at Santa Fe or with
the authorities of the State of Texas relating to the boundary or
occupation of Texas, and the reasons why the judicial authority of Texas
has not been recognized by the military authority at Santa Fe, I
herewith submit the accompanying reports, which contain the information
called for by the resolution.

I have not been informed of any acts of interference by the military
forces stationed at Santa Fe with the judicial authority of Texas
established or sought to be established there. I have received no
communication from the governor of Texas on any of the matters referred
to in the resolution. And I concur in the opinion expressed by my
predecessor in the letter addressed by the late Secretary of State to
the governor of Texas on the 12th day of February, 1847, that the
boundary between the State of Texas and the Territory of New Mexico "is
a subject which more properly belongs to the legislative than to the
executive branch of the Government."

Z. TAYLOR.



WASHINGTON, _February 6, 1850_.

_To the Senate of the United States:_

In reply to the resolution of the Senate of the 28th ultimo, I have to
state that the resolution of the Senate of the 2d of March, 1849,
respecting James W. Schaumburg, was in April of that year submitted for
the opinion of the Attorney-General upon questions arising in the case.
No opinion had been given by him when it became necessary, prior to the
meeting of the Senate, to prepare the nominations for promotions in the
Army. The nomination of Lieutenant Ewell was then decided upon, after
due consideration was given to the resolution of the Senate of the 2d of
March, 1849.

I herewith submit a report from the Secretary of War, showing the
grounds upon which the decision above referred to was made.

Z. TAYLOR.



WASHINGTON, _February 13, 1850_.

_To the Senate of the United States:_

I have received a resolution of the Senate of the 28th ultimo,
requesting the President of the United States "to cause to be laid
before the Senate, in open session if in his opinion consistent with the
public interest, otherwise in executive session, copies of all
instructions and communications of the late Secretary of State to our
late chargé d'affaires to Guatemala and all dispatches and
communications from said chargé d'affaires to the Department of State,
including any conventions or treaties he may have concluded with either
of the States composing the late Republic of Central America; and also
all correspondence between our said chargé d'affaires and the Government
or representatives of either of said States; and also all instructions
and communications from the present Secretary of State to our late
chargé d'affaires or our present chargé d'affaires to either of said
States and all dispatches or communications from our chargé d'affaires
to the Department of State, including any conventions or treaties he may
have concluded with either of said States; and also all correspondence
between the Department of State and either of said chargés d'affaires
touching the so-called Kingdom of the Mosquitos and the right of way
from the Atlantic to the Pacific through Lake Nicaragua."

The information called for by this resolution will be cheerfully
communicated to the Senate as soon as it shall be found to be compatible
with the public interest.

Z. TAYLOR.



WASHINGTON, _February 13, 1850_.

_To the House of Representatives of the United States:_

I have received a resolution of the House of Representatives of the 24th
ultimo, requesting the President of the United States "to communicate to
that body (provided the publication thereof be not prejudicial to the
public interest) all such information as may be within the knowledge of
the executive department relative to the alleged extraordinary
proceedings of the English Government in the forcible seizure and
occupation of the island of Tigre, in the State of Nicaragua, Central
America; also all facts, circumstances, or communications within the
knowledge of the Executive relative to any seizure, occupation, or
attempted seizure or occupation, by the English Government of any port,
river, town, territory, or island belonging to or claimed by any of the
States of Central America; also that he be requested to communicate to
this House, if not incompatible with the public interest, all treaties
not heretofore published which may have been negotiated with any of the
States of Central America by any person acting by authority from the
late Administration or under the auspices of the present Executive." The
information called for by this resolution will be cheerfully
communicated to the House as soon as it shall be found compatible with
the public interest.

Z. TAYLOR.



WASHINGTON, _February 13, 1850_.

_To the House of Representatives of the United States:_

I transmit herewith to the House of Representatives, for the information
of that body, an authenticated copy of the constitution of the State of
California, received by me from General Riley.

Z. TAYLOR.



WASHINGTON, _February 13, 1850_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for the information of that body, an
authenticated copy of the constitution of California, received by me
from the Hon. William M. Gwyn.

Z. TAYLOR.



WASHINGTON, _March 1, 1850_.

_To the Senate of the United States:_

In reply to the resolution of the Senate of the 12th ultimo, requesting
the President of the United States "to inform the Senate of the amount
of prize money paid into the Treasury in conformity with the eighteenth
section of the act of March 3, 1849," etc., I transmit herewith a report
from the Secretary of the Navy, with accompanying documents.

Z. TAYLOR.



WASHINGTON, _March 4, 1850_.

_To the Senate and House of Representatives of the United States:_

I herewith transmit to Congress copies of a recent correspondence
between the Department of State and the British minister at Washington,
relating to subjects[3a] which seem to require the consideration of the
legislative rather than the executive branch of the Government.

[Footnote 3a: Navigation laws and tariff on British productions.]

Z. TAYLOR.



WASHINGTON, _March 6, 1850_.

_To the Senate of the United States:_

In answer to the inquiries contained in the resolution of the Senate of
the 4th instant, in relation to the appointment of postmasters by the
Postmaster-General, I send to the Senate herewith the letter of the
Postmaster-General furnishing the desired information.

Z. TAYLOR.



MARCH 8, 1850.

_To the Senate of the United States:_

The Postmaster-General has this day communicated to me the letter
herewith transmitted, in addition to his communication by me sent to the
Senate on the 6th instant, in relation to the inquiries contained in the
resolution of the Senate as to the appointment of postmasters.

Z. TAYLOR.



WASHINGTON, _March 19, 1850_.

_To the Senate of the United States:_

I transmit herewith, for the consideration and constitutional action of
the Senate, a communication from the Secretary of the Interior, covering
two treaties with Indians of New Mexico, one negotiated with the Navajo
tribe on the 9th of September last by Colonel John Washington, of the
Army, and J.S. Calhoun, United States Indian agent at Santa Fe, and the
other with the Utah tribe, negotiated by J.S. Calhoun on the 13th of
December last.

Z. TAYLOR.



WASHINGTON, _March 19, 1850_.

_To the Senate of the United States:_

I herewith transmit to the Senate, for their advice in regard to its
ratification, "a general treaty of amity, navigation, and commerce"
between the United States of America and the State of Nicaragua,
concluded at Leon by E. George Squier, chargé d'affaires of the United
States, on their part, and Señor Zepeda, on the part of the Republic of
Nicaragua.

I also transmit, for the advice of the Senate in regard to its
ratification, "a general treaty of amity, navigation, and commerce"
negotiated by Mr. Squier with the Republic of San Salvador.

I also transmit to the Senate a copy of the instructions to and
correspondence with the said chargé d'affaires relating to those
treaties.

I also transmit, for the advice of the Senate in regard to its
ratification, "a general treaty of peace, amity, commerce, and
navigation" negotiated by Elijah Hise, our late chargé d'affaires, with
the State of Guatemala.

I also transmit, for the information of the Senate, a copy of a treaty
negotiated by Mr. Hise with the Government of Nicaragua on the 21st of
June last, accompanied by copies of his instructions from and
correspondence with the Department of State.

On the 12th day of November, 1847, Señor Buétrago, secretary of state
and of the affairs of war and foreign relations and domestic
administration of the Supreme Government of the State of Nicaragua,
addressed a letter from the Government House at Leon to Mr. Buchanan,
then Secretary of State of the United States, asking the friendly
offices of this Government to prevent an attack upon the town of San
Juan de Nicaragua, then contemplated by the British authorities as the
allies of the Mosquito King. That letter, a translation of which is
herewith sent, distinctly charges that--

   The object of the British in taking this key of the continent is not
to protect the small tribe of the Mosquitos, but to establish their own
empire over the Atlantic extremity of the line, by which a canal
connecting the two oceans is most practicable, insuring to them the
preponderance on the American continent, as well as their direct
relations with Asia, the East Indies, and other important countries in
the world.

No answer appears to have been returned to this letter.

A communication was received by my predecessor from Don José Guerrero,
President and Supreme Director of the State of Nicaragua, dated the 15th
day of December, 1847, expressing his desire to establish relations of
amity and commerce with the United States, a translation of which
is herewith inclosed. In this the President of Nicaragua says:

  My desire was carried to the utmost on seeing in your message at
  the opening of the Twenty-ninth Congress of your Republic a sincere
  profession of political faith in all respects conformable with the
  principles professed by these States, determined, as they are, to
  sustain with firmness the continental cause, the rights of Americans in
  general, and the noninterference of European powers in their concerns.

This letter announces the critical situation in which Nicaragua was
placed and charges upon the Court of St. James a "well-known design to
establish colonies on the coast of Nicaragua and to render itself master
of the interoceanic canal, for which so many facilities are presented by
the isthmus in that State." No reply was made to this letter.

The British ships of war _Alarm_ and _Vixen_ arrived at San Juan de
Nicaragua on the 8th day of February, 1848, and on the 12th of that
month the British forces, consisting of 260 officers and men, attacked
and captured the post of Serapaqui, garrisoned, according to the British
statements, by about 200 soldiers, after a sharp action of one hour and
forty minutes.

On the 7th day of March, 1848, articles of agreement were concluded by
Captain Locke, on the part of Great Britain, with the commissioners of
the State of Nicaragua in the island of Cuba, in the Lake of Nicaragua,
a copy of which will be found in the correspondence relating to the
Mosquito Territory presented to and published by the House of Commons of
Great Britain on the 3d day of July, 1848, herewith submitted. A copy of
the same document will also be found accompanying the note of the
minister for foreign affairs of Nicaragua to the Secretary of State of
the United States under date the 17th March, 1848.

By the third article of the agreement it is provided that Nicaragua
"shall not disturb the inhabitants of San Juan, understanding that any
such act will be considered by Great Britain as a declaration of open
hostilities." By the sixth article it is provided that these articles of
agreement will not "hinder Nicaragua from soliciting by means of a
commissioner to Her Britannic Majesty a final arrangement of these
affairs."

The communication from Señor Sebastian Salinas, the secretary of foreign
affairs of the State of Nicaragua, to Mr. Buchanan, the Secretary of
State of the United States, dated 17th March, 1848, a translation of
which is herewith submitted, recites the aggressions of Great Britain
and the seizure of a part of the Nicaraguan territory in the name of the
Mosquito King. No answer appears to have been given to this letter.

On the 28th day of October, 1847, Joseph W. Livingston was appointed by
this Government consul of the United States for the port of San Juan de
Nicaragua. On the 16th day of December, 1847, after having received his
exequatur from the Nicaraguan Government, he addressed a letter to Mr.
Buchanan, Secretary of State, a copy of which is herewith submitted,
representing that he had been informed that the English Government would
take possession of San Juan de Nicaragua in January, 1848.

In another letter, dated the 8th of April, 1848, Mr. Livingston states
that "at the request of the minister for foreign affairs of Nicaragua
he transmits a package of papers containing the correspondence relative
to the occupation of the port of San Juan by British forces in the name
of the Mosquito nation."

On the 3d day of June, 1848, Elijah Hise, being appointed chargé
d'affaires of the United States to Guatemala, received his instructions,
a copy of which is herewith submitted. In these instructions the
following passages occur:

  The independence as well as the interests of the nations on this
  continent require that they should maintain the American system of
  policy entirely distinct from that which prevails in Europe. To
  suffer any interference on the part of the European Governments with
  the domestic concerns of the American Republics and to permit them
  to establish new colonies upon this continent would be to jeopard
  their independence and to ruin their interests. These truths ought
  everywhere throughout this continent to be impressed on the public
  mind. But what can the United States do to resist such European
  interference whilst the Spanish American Republics continue to weaken
  themselves by division and civil war and deprive themselves of the
  ability of doing anything for their own protection?

This last significant inquiry seems plainly to intimate that the United
States could do nothing to arrest British aggression while the Spanish
American Republics continue to weaken themselves by division and civil
war and deprive themselves of the ability of doing anything for their
protection.

These instructions, which also state the dissolution of the Central
American Republic, formerly composed of the five States of Nicaragua,
Costa Rica, Honduras, San Salvador, and Guatemala, and their continued
separation, authorize Mr. Hise to conclude treaties of commerce with the
Republics of Guatemala and San Salvador, but conclude with saying that
it was not deemed advisable to empower Mr. Hise to conclude a treaty
with either Nicaragua, Honduras, or Costa Rica until more full and
statistical information should have been communicated by him to the
Department in regard to those States than that which it possesses.

The States of Nicaragua, Costa Rica, and Honduras are the only Central
American States whose consent or cooperation would in any event be
necessary for the construction of the ship canal contemplated between
the Pacific and Atlantic oceans by the way of Lake Nicaragua.

In pursuance of the sixth article of the agreement of the 7th of March,
1848, between the forces of Great Britain and the authorities of
Nicaragua, Señor Francisco Castillon was appointed commissioner from
Nicaragua to Great Britain, and on the 5th day of November, 1848, while
at Washington on his way to London, addressed a letter to the Secretary
of State, a translation of which is herewith submitted, asking this
Government to instruct its minister plenipotentiary residing in London
to sustain the right of Nicaragua to her territory claimed by Mosquito,
and especially to the port of San Juan, expressing the hope of Nicaragua
"that the Government of the Union, firmly adhering to its principle of
resisting all foreign intervention in America, would not hesitate to
order such steps to be taken as might be effective before things reached
a point in which the intervention of the United States would prove of no
avail."

To this letter also no answer appears to have been returned, and no
instructions were given to our minister in London in pursuance of the
request contained in it.

On the 3d day of March, 1847, Christopher Hempstead was appointed consul
at Belize, and an application was then made for his exequatur through
our minister in London, Mr. Bancroft. Lord Palmerston referred Mr.
Bancroft's application for an exequatur for Mr. Hempstead to the
colonial office. The exequatur was granted, and Mr. Hempstead, in a
letter to the Department of State bearing date the 12th day of February,
1848, a copy of which is herewith submitted, acknowledged the receipt of
his exequatur from Her Britannic Majesty, by virtue of which he has
discharged his consular functions. Thus far this Government has
recognized the existence of a British colony at Belize, within the
territory of Honduras. I have recalled the consul, and have appointed no
one to supply his place.

On the 26th day of May, 1848, Mr. Hempstead represented in a letter to
the Department of State that the Indians had "applied to Her Majesty's
superintendent at Belize for protection, and had desired him to take
possession of the territory which they occupied and take them under his
protection as British subjects;" and he added that in the event of the
success of their application "the British Government would then have
possession of the entire coast from Cape Conte to San Juan de
Nicaragua." In another letter, dated the 29th day of July, 1848, he
wrote:

  I have not a doubt but the designs of Her Majesty's officers here and
  on the Mosquito shore are to obtain territory on this continent.

The receipt of this letter was regularly acknowledged on the 29th day of
August, 1848.

When I came into office I found the British Government in possession of
the port of San Juan, which it had taken by force of arms after we had
taken possession of California and while we were engaged in the
negotiation of a treaty for the cession of it, and that no official
remonstrance had been made by this Government against the aggression,
nor any attempt to resist it. Efforts were then being made by certain
private citizens of the United States to procure from the State of
Nicaragua by contract the right to cut the proposed ship canal by the
way of the river San Juan and the lakes of Nicaragua and Managua to
Realejo, on the Pacific Ocean. A company of American citizens entered
into such a contract with the State of Nicaragua. Viewing the canal as a
matter of great importance to the people of the United States, I
resolved to adopt the policy of protecting the work and binding the
Government of Nicaragua, through whose territory it would pass, also to
protect it. The instructions to E. George Squier, appointed by me chargé
d'affaires to Guatemala on the 2d day of April, 1849, are herewith
submitted, as fully indicating the views which governed me in directing
a treaty to be made with Nicaragua. I considered the interference of the
British Government on this continent in seizing the port of San Juan,
which commanded the route believed to be the most eligible for the canal
across the Isthmus, and occupying it at the very moment when it was
known, as I believe, to Great Britain that we were engaged in the
negotiation for the purchase of California, as an unfortunate
coincidence, and one calculated to lead to the inference that she
entertained designs by no means in harmony with the interests of the
United States.

Seeing that Mr. Hise had been positively instructed to make no treaty,
not even a treaty of commerce, with Nicaragua, Costa Rica, or Honduras,
I had no suspicion that he would attempt to act in opposition to his
instructions, and in September last I was for the first time informed
that he had actually negotiated two treaties with the State of
Nicaragua, the one a treaty of commerce, the other a treaty for the
construction of the proposed ship canal, which treaties he brought with
him on his return home. He also negotiated a treaty of commerce with
Honduras; and in each of these treaties it is recited that he had full
powers for the purpose. He had no such powers, and the whole proceeding
on his part with reference to those States was not only unauthorized by
instructions, but in opposition to those he had received from my
predecessor and after the date of his letter of recall and the
appointment of his successor. But I have no evidence that Mr. Hise,
whose letter of recall (a copy of which is herewith submitted) bears
date the 2d day of May, 1849, had received that letter on the 21st day
of June, when he negotiated the treaty with Nicaragua. The difficulty of
communicating with him was so great that I have reason to believe he had
not received it. He did not acknowledge it.

The twelfth article of the treaty negotiated by Mr. Hise in effect
guarantees the perfect independence of the State of Nicaragua and her
sovereignty over her alleged limits from the Caribbean Sea to the
Pacific Ocean, pledging the naval and military power of the United
States to support it. This treaty authorizes the chartering of a
corporation by this Government to cut a canal outside of the limits of
the United States, and gives to us the exclusive right to fortify and
command it. I have not approved it, nor have I now submitted it for
ratification; not merely because of the facts already mentioned, but
because on the 31st day of December last Señor Edwardo Carcache, on
being accredited to this Government as chargé d'affaires from the State
of Nicaragua, in a note to the Secretary of State, a translation of
which is herewith sent, declared that he was "only empowered to exchange
ratifications of the treaty concluded with Mr. Squier, and that the
special convention concluded at Guatemala by Mr. Hise, the chargé
d'affaires of the United States, and Señor Selva, the commissioner of
Nicaragua, had been, as was publicly and universally known, disapproved
by his Government."

We have no precedent in our history to justify such a treaty as that
negotiated by Mr. Hise since the guaranties we gave to France of her
American possessions. The treaty negotiated with New Granada on the 12th
day of December, 1846, did not guarantee the sovereignty of New Granada
on the whole of her territory, but only over "the single Province of the
Isthmus of Panama," immediately adjoining the line of the railroad, the
neutrality of which was deemed necessary by the President and Senate to
the construction and security of the work.

The thirty-fifth article of the treaty with Nicaragua, negotiated by Mr.
Squier, which is submitted for your advice in regard to its
ratification, distinctly recognizes the rights of sovereignty and
property which the State of Nicaragua possesses in and over the line of
the canal therein provided for. If the Senate doubt on that subject, it
will be clearly wrong to involve us in a controversy with England by
adopting the treaty; but after the best consideration which I have been
able to give to the subject my own judgment is convinced that the claims
of Nicaragua are just, and that as our commerce and intercourse with the
Pacific require the opening of this communication from ocean to ocean it
is our duty to ourselves to assert their justice.

This treaty is not intended to secure to the United States any monopoly
or exclusive advantage in the use of the canal. Its object is to
guarantee protection to American citizens and others who shall construct
the canal, and to defend it when completed against unjust confiscations
or obstructions, and to deny the advantages of navigation through it to
those nations only which shall refuse to enter into the same guaranties.
A copy of the contract of the canal company is herewith transmitted,
from which, as well as from the treaty, it will be perceived that the
same benefits are offered to all nations in the same terms.

The message of my predecessor to the Senate of the 10th February, 1847,
transmitting for ratification the treaty with New Granada, contains in
general the principles by which I have been actuated in directing the
negotiation with Nicaragua. The only difference between the two cases
consists in this: In that of Nicaragua the British Government has seized
upon part of her territory and was in possession of it when we
negotiated the treaty with her. But that possession was taken after our
occupation of California, when the effect of it was to obstruct or
control the most eligible route for a ship communication to the
territories acquired by us on the Pacific. In the case of New Granada,
her possession was undisturbed at the time of the treaty, though the
British possession in the right of the Mosquito King was then extended
into the territories claimed by New Granada as far as Boca del Toro. The
professed objects of both the treaties are to open communications across
the Isthmus to all nations and to invite their guaranties on the same
terms. Neither of them proposes to guarantee territory to a foreign
nation in which the United States will not have a common interest with
that nation. Neither of them constitutes an alliance for any political
object, but for a purely commercial purpose, in which all the navigating
nations of the world have a common interest. Nicaragua, like New
Granada, is a power which will not excite the jealousy of any nation.

As there is nothing narrow, selfish, illiberal, or exclusive in the
views of the United States as set forth in this treaty, as it is
indispensable to the successful completion of the contemplated canal to
secure protection to it from the local authorities and this Government,
and as I have no doubt that the British pretension to the port of San
Juan in right of the Mosquito King is without just foundation in any
public law ever before recognized in any other instance by Americans or
Englishmen as applicable to Indian titles on this continent, I shall
ratify this treaty in case the Senate shall advise that course. Its
principal defect is taken from the treaty with New Granada, the
negotiator having made it liable to be abrogated on notice after twenty
years. Both treaties should have been perpetual or limited only by the
duration of the improvements they were intended to protect. The
instructions to our chargé d'affaires, it will be seen, prescribe no
limitation for the continuance of the treaty with Nicaragua. Should the
Senate approve of principle of the treaty, an amendment in this respect
is deemed advisable; and it will be well to invite by another amendment
the protection of other nations, by expressly offering them in the
treaty what is now offered by implication only--the same advantages
which we propose for ourselves on the same conditions upon which we
shall have acquired them. The policy of this treaty is not novel, nor
does it originate from any suggestion either of my immediate predecessor
or myself. On the 3d day of March, 1835, the following resolution,
referred to by the late President in his message to the Senate relative
to the treaty with New Granada, was adopted in executive session by the
Senate without division:

  _Resolved_, That the President of the United States be respectfully
  requested to consider the expediency of opening negotiations with the
  Governments of Central America and New Granada for the purpose of
  effectually protecting, by suitable treaty stipulations with them,
  such individuals or companies as may undertake to open a communication
  between the Atlantic and Pacific oceans by the construction of a ship
  canal across the isthmus which connects North and South America, and
  of securing forever by such stipulations the free and equal rights
  of navigating such a canal to all such nations on the payment of such
  reasonable tolls as may be established to compensate the capitalists
  who may engage in such undertaking and complete the work.

President Jackson accorded with the policy suggested in this resolution,
and in pursuance of it sent Charles Biddle as agent to negotiate with
the Governments of Central America and New Granada. The result is fully
set forth in the report of a select committee of the House of
Representatives of the 20th of February, 1849, upon a joint resolution
of Congress to authorize the survey of certain routes for a canal or
railroad between the Atlantic and Pacific oceans. The policy indicated
in the resolution of the 3d March, 1835, then adopted by the President
and Senate, is that now proposed for the consideration and sanction of
the Senate. So far as my knowledge extends, such has ever been the
liberal policy of the leading statesmen of this country, and by no one
has it been more earnestly recommended than by my lamented predecessor.

Z. TAYLOR.



WASHINGTON, _March 26, 1850_.

_To the House of Representatives of the United States:_

I herewith transmit, for the information of Congress, a copy of the
report[4a] of Thomas Butler King, esq., appointed bearer of dispatches
and special agent to California, made in pursuance of instructions
issued from the Department of State on the 3d day of April last.

[Footnote 4a: On California affairs.]

Z. TAYLOR.



WASHINGTON, _March 28, 1850_.

_To the Senate of the United States:_

In compliance with a resolution of the Senate of the 22d instant,
requesting the President of the United States to communicate to that
body a copy of the instructions given to the agent of the United States
who was employed to visit Hungary during the recent war between that
country and Austria, and of the correspondence by and with such agent,
so far as the publication of the same may be consistent with the public
interest, I herewith transmit to the Senate a copy of the instructions
to A. Dudley Mann, esq., relating to Hungary, he having been appointed
by me special agent to that country on the 18th day of June last,
together with a copy of the correspondence with our late chargé
d'affaires to Austria referred to in those instructions and of other
papers disclosing the policy of this Government in reference to Hungary
and her people. I also transmit, in compliance with the resolution of
the Senate, but in a separate packet, a copy of the correspondence of
Mr. Mann with the Department of State. The latter I have caused to be
marked "_executive_"--the information contained in it being such as will
be found on examination most appropriately to belong to the Senate in
the exercise of its executive functions. The publication of this
correspondence of the agent sent by me to Hungary is a matter referred
entirely to the judgment and discretion of the Senate.

It will be seen by the documents now transmitted that no minister or
agent was accredited by the Government of Hungary to this Government at
any period since I came into office, nor was any communication ever
received by this Government from the minister of foreign affairs of
Hungary or any other executive officer authorized to act in her behalf.

My purpose, as freely avowed in this correspondence, was to have
acknowledged the independence of Hungary had she succeeded in
establishing a government _de facto_ on a basis sufficiently permanent
in its character to have justified me in doing so according to the
usages and settled principles of this Government; and although she is
now fallen and many of her gallant patriots are in exile or in chains, I
am free still to declare that had she been successful in the
maintenance of such a government as we could have recognized we should
have been the first to welcome her into the family of nations.

Z. TAYLOR.



WASHINGTON, _April 3, 1850_.

_To the Senate and House of Representatives of the United States:_

I transmit a translation of a note, under date the 20th of last month,
addressed to the Secretary of State by the minister of the Mexican
Republic accredited to this Government, expressing the views of that
Government with reference to the control of the wild Indians of the
United States on the frontier of Mexico, as stipulated for in the
eleventh article of the treaty of Guadalupe Hidalgo.

Z. TAYLOR.



WASHINGTON, _April 22, 1850_.

_To the Senate of the United States:_

I herewith transmit to the Senate, for their advice with regard to its
ratification, a convention between the United States and Great Britain,
concluded at Washington on the 19th instant by John M. Clayton,
Secretary of State, on the part of the United States, and by the Right
Hon. Sir Henry Lytton Bulwer, on the part of Great Britain.

This treaty has been negotiated in accordance with the general views
expressed in my message to Congress in December last. Its object is to
establish a commercial alliance with all great maritime states for the
protection of a contemplated ship canal through the territory of
Nicaragua to connect the Atlantic and Pacific oceans, and at the same
time to insure the same protection to the contemplated railways or
canals by the Tehuantepec and Panama routes, as well as to every other
interoceanic communication which may be adopted to shorten the transit
to or from our territories on the Pacific.

It will be seen that this treaty does not propose to take money from the
public Treasury to effect any object contemplated by it. It yields
protection to the capitalists who may undertake to construct any canal
or railway across the Isthmus, commencing in the southern part of Mexico
and terminating in the territory of New Granada. It gives no preference
to any one route over another, but proposes the same measure of
protection for all which ingenuity and enterprise can construct. Should
this treaty be ratified, it will secure in future the liberation of all
Central America from any kind of foreign aggression.

At the time negotiations were opened with Nicaragua for the construction
of a canal through her territory I found Great Britain in possession of
nearly half of Central America, as the ally and protector of the
Mosquito King. It has been my object in negotiating this treaty not only
to secure the passage across the Isthmus to the Government and citizens
of the United States by the construction of a great highway dedicated to
the use of all nations on equal terms, but to maintain the independence
and sovereignty of all the Central American Republics. The Senate will
judge how far these objects have been effected.

If there be any who would desire to seize and annex any portion of the
territories of these weak sister republics to the American Union, or to
extend our dominion over them, I do not concur in their policy; and I
wish it to be understood in reference to that subject that I adopt the
views entertained, so far as I know, by all my predecessors.

The principles by which I have been regulated in the negotiation of this
treaty are in accordance with the sentiments well expressed by my
immediate predecessor on the 10th of February, 1847, when he
communicated to the Senate the treaty with New Granada for the
protection of the railroad at Panama. It is in accordance with the whole
spirit of the resolution of the Senate of the 3d of March, 1835,
referred to by President Polk, and with the policy adopted by President
Jackson immediately after the passage of that resolution, who dispatched
an agent to Central America and New Granada "to open negotiations with
those Governments for the purpose of effectually protecting, by suitable
treaty stipulations with them, such individuals or companies as might
undertake to open a communication between the Atlantic and Pacific
oceans by the construction of a ship canal across the isthmus which
connects North and South America, and of securing forever by such
stipulations the free and equal right of navigating such canal to all
such nations on the payment of such reasonable tolls as might be
established to compensate the capitalists who should engage in such
undertaking and complete the work."

I also communicate herewith a copy of the correspondence between the
American Secretary of State and the British plenipotentiary at the time
of concluding the treaty. Whatever honor may be due to the party first
proposing such a treaty justly belongs to the United States. My
predecessor, in his message of the 10th of February, 1847, referring to
the treaty with New Granada for the protection of the Panama Railroad,
observes that--

   Should the proposition thus tendered be rejected we may deprive the
United States of the just influence which its acceptance might secure to
them, and confer the glory and benefits of being the first among the
nations in concluding such an arrangement upon the Government either of
Great Britain or France. That either of these Governments would embrace
the offer can not be doubted, because there does not appear to be any
other effectual means of securing to all nations the advantages of this
important passage but the guaranty of great commercial powers that the
Isthmus shall be neutral territory. The interests of the world at stake
are so important that the security of this passage between the two
oceans can not be suffered to depend upon the wars and revolutions which
may arise among different nations.

Should the Senate in its wisdom see fit to confirm this treaty, and the
treaty heretofore submitted by me for their advice in regard to its
ratification, negotiated with the State of Nicaragua on the 3d day of
September last, it will be necessary to amend one or both of them, so
that both treaties may stand in conformity with each other in their
spirit and intention. The Senate will discover by examining them both
that this is a task of no great difficulty.

I have good reason to believe that France and Russia stand ready to
accede to this treaty, and that no other great maritime state will
refuse its accession to an arrangement so well calculated to diffuse the
blessings of peace, commerce, and civilization, and so honorable to all
nations which may enter into the engagement.

Z. TAYLOR.



WASHINGTON, _May 6, 1850_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to
ratification, a consular convention between the United States and the
Republic of New Granada, signed in this city on the 4th of this month by
the Secretary of State on the part of the United States, and by Señor
Don Rafael Rivas, chargé d'affaires of New Granada, on the part of that
Republic.

Z. TAYLOR.



WASHINGTON, _May 7, 1850_.

_To the House of Representatives of the United States:_

I herewith transmit to the House of Representatives copies of a
correspondence between the Department of State and the British legation
in this city, relative to the reciprocal admission of the natural
products of the United States and Canada free of duty into the
territories of both countries. It will be seen by the accompanying
documents that the late Secretary of the Treasury recommended, in his
correspondence with the Committee on Commerce in the House of
Representatives, reciprocal free trade in the natural products of the
United States and Canada; that in March and June, 1849, a correspondence
was opened between the British chargé d'affaires then residing in
Washington and the Secretary of State upon the subject of a commercial
convention or treaty to carry out the views of Her Majesty's Government
in relation thereto, and that the proposition for such a convention or
treaty was declined on the part of the American Government for reasons
which are fully set forth in the note of the Secretary of State to Mr.
Crampton of the 26th of June last. During the negotiations connected
with this correspondence, not considering the markets of Canada as an
equivalent for those of the United States, I directed the Secretary of
State to inquire what other benefits of trade and commerce would be
yielded by the British authorities in connection with such a measure,
and particularly whether the free navigation of the St. Lawrence would
be conceded to us. That subject has accordingly been presented to the
British Government, and the result was communicated by Her Majesty's
minister in Washington on the 27th of March last in reply to a note from
the Secretary of State of the 26th of that month. From these papers it
will be perceived that the navigation of the St. Lawrence and of the
canals connecting it with the Western lakes will be opened to the
citizens of the United States in the event that the bill referred to in
the correspondence, providing for the admission of their natural
products, should become a law. The whole subject is now submitted to the
consideration of Congress, and especially whether the concession
proposed by Great Britain is an equivalent for the reciprocity desired
by her.

Z. TAYLOR.



WASHINGTON, _May 8, 1850_.

_To the Senate of the United States:_

With reference to the convention between the United States and Her
Britannic Majesty relative to interoceanic communication by the way of
Nicaragua, recently submitted to the Senate, I transmit a copy of a
note, under date the 29th ultimo, addressed to the Secretary of State by
Sir Henry L. Bulwer, Her Britannic Majesty's minister here, and of Mr.
Clayton's reply, under date the 30th ultimo. Intelligence received from
the chargé d'affaires of the United States in Central America and from
other quarters having led to an apprehension that Mr. Chatfield, Her
Britannic Majesty's minister in that country, had concluded a treaty
with the Government of Costa Rica placing that State under the
protection of the British Government, I deemed it my duty to cause
inquiries upon the subject to be addressed to Her Majesty's Government
through Sir Henry L. Bulwer. The note of that functionary communicates
the answer to those inquiries, and may be deemed satisfactory, both from
the denial of the fact that any such treaty has been concluded and from
its positive disavowal on behalf of the British Government of the policy
intended to be subserved by such treaties.

Z. TAYLOR.



WASHINGTON, _May 18, 1850_.

_To the House of Representatives of the United States:_

I herewith transmit to the House of Representatives a report of the
Secretary of State, with accompanying papers,[5a] in answer to its
resolution of the 28th of March last.

Z. TAYLOR.

[Footnote 5a: Communications from the United States consul at Vienna.]



WASHINGTON, _May 20, 1850_.

_To the Senate of the United States:_

I transmit herewith reports from the Secretary of the Interior and
Secretary of War, in reply to the resolution of the Senate of the 30th
ultimo, calling for information in relation to the hostilities and
outrages committed during the past year by the Seminole Indians in
Florida, the steps taken for their removal west of the Mississippi, the
area now occupied by them, etc.

Z. TAYLOR.



WASHINGTON, _May 22, 1850_.

_To the Senate of the United States:_

I herewith transmit to the Senate reports of the several heads of
Departments, to whom were referred the resolutions of the Senate of the
9th instant, "requesting the President of the United States to furnish
to the Senate copies of all correspondence between any of the Executive
Departments and General Persifor F. Smith and Brigadier-General B.
Riley, or either of them, relative to affairs in California, which had
not been communicated to the Senate; and also all information existing
in any of the Executive Departments respecting the transactions of the
convention in California by which the project of a State government was
prepared, and particularly a copy of the journals of said convention and
of such of the ordinances adopted by it as may in any way have been
communicated to any of the said Departments; and likewise to inform the
Senate if the surrender of General Riley to the jurisdiction and civil
authority of the government made by the aforesaid convention was by
order of the Executive of the United States, and, if not, whether the
proclamation of General Riley recognizing the said State government and
submitting to its jurisdiction has received the sanction of the
Executive; and also that he furnish to the Senate whatever intelligence
may have been received in the executive department respecting the
condition of civil affairs in the Oregon Territory."

The reports, with the official correspondence accompanying them, it is
believed, embrace all the information in the Departments called for by
the resolutions.

Z. TAYLOR.



WASHINGTON, _May 24, 1850_.

_To the Senate of the United States:_

In the month of January last I nominated Thomas Sewall to be consul of
the United States for the port of Santiago de Cuba, to which office he
had been appointed by me during the recess of the Senate. The Spanish
Government having refused to recognize Mr. Sewall as consul for that
port, I now withdraw that nomination and nominate William N. Adams to
fill the vacancy thus occasioned.

Z. TAYLOR.



WASHINGTON, _May 29, 1850_.

_To the Senate of the United States:_

I transmit to the Senate a copy of a dispatch from the minister of the
United States at London, together with the memorial and other documents
addressed to the Senate and House of Representatives of the United
States by Count de Bronno Bronski which accompanied it, relative to an
improved breed of silkworms which he desires to have introduced into
this country.

Z. TAYLOR.



WASHINGTON, _June 3, 1850_.

_To the Senate of the United States:_

I transmit to the Senate herewith reports from the several heads of
Departments, which contain all the information in possession of the
Executive relative to the subject of the resolution of the 23d instant
[ultimo].

No information has been received establishing the existence of any
revolutionary movement in the island of Cuba among the inhabitants of
that island. The correspondence submitted discloses, however, the fact
that repeated attempts have been made under the direction of foreigners
enjoying the hospitality of this country to get up armed expeditions in
the United States for the purpose of invading Cuba. It will be seen by
that correspondence that this Government has been faithful in the
discharge of its treaty obligations with Spain and in the execution of
the acts of Congress which have for their object the maintenance in this
regard of the peace and honor of this country.

Z. TAYLOR.



WASHINGTON, _June 10, 1850_.

_To the Senate of the United States:_

I submit herewith, in reply to a resolution of the Senate of the 3d
instant, calling for "copies of the instructions given and orders issued
in relation to the assemblage of persons on Round Island, coast of
Mississippi, during the summer of 1849, and of the correspondence
between the President or heads of Departments and the governor of
Mississippi and the officers, naval or military, of the United States in
reference to the observation, investment, and dispersion of said
assemblage upon said island," a report from the Secretary of the Navy
and accompanying documents, which contain all the information on the
subject not heretofore communicated to the Senate.

Z. TAYLOR.



WASHINGTON, _June 13, 1850_.

_To the House of Representatives of the United States:_

I transmit to the House of Representatives a copy of a dispatch
addressed by the minister of the United States at Paris to the Secretary
of State, with a translation of the documents which accompanied it,
relative to the memorial of Pierre Piron, a citizen of the French
Republic, who, it will be perceived, presents a just claim to pecuniary
remuneration from this Government on account of services rendered to
citizens of the United States.

Z. TAYLOR.



WASHINGTON, _June 17, 1850_.

_To the Senate of the United States:_

I have received a copy of the resolution of the Senate of the 11th June
instant, requesting me "to inform the Senate whether any orders have
been issued to any military officer or officers at Santa Fe to hold
possession against the authority of Texas, or in any way to embarrass or
prevent the exercise of her jurisdiction over that country, and to
furnish the Senate with copies of any correspondence which may have
taken place between the War Department and the military stationed at
Santa Fe since the date of my last communication to the Senate on that
subject."

In reply to that resolution I state that no such orders have been given.

I herewith present to the Senate copies of all the correspondence
referred to in the resolution. All the other orders relating to the
subject-matter of the resolution have been heretofore communicated to
the Senate.

I have already, in a former message, referred to the fact that the
boundary between Texas and New Mexico is disputed. I have now to state
that information has been recently received that a certain Robert S.
Neighbors, styling himself commissioner of the State of Texas, has
proceeded to Santa Fe with a view of organizing counties in that
district under the authority of Texas. While I have no power to decide
the question of boundary, and no desire to interfere with it, as a
question of title, I have to observe that the possession of the
territory into which it appears that Mr. Neighbors has thus gone was
actually acquired by the United States from Mexico, and has since been
held by the United States, and, in my opinion, ought so to remain until
the question of boundary shall have been determined by some competent
authority. Meanwhile, I think there is no reason for seriously
apprehending that Texas will practically interfere with the possession
of the United States.

Z. TAYLOR.



WASHINGTON, _June 26, 1850_.

_To the House of Representatives of the United States:_

I herewith transmit a report of the Secretary of War, communicating the
information, as far as it can be furnished, required by the resolution
of the House of Representatives of the 17th instant, respecting the
amount of money collected from customs in California from the conclusion
of the war until the collector appointed under the act of March 3, 1849,
entered upon his duties, the objects for which said money has been
expended, and the authority under which the collections and
disbursements were made.

Z. TAYLOR.



WASHINGTON, _June 27, 1850_.

_To the Senate of the United States:_

In compliance with the resolution of the Senate of the 3d instant,
requesting information in regard to the indemnity stipulated to be paid
by the Government of Peru to the Government of the United States
pursuant to the modified convention of the 17th of March, 1841, I
transmit a report from the Secretary of State and the documents by which
it was accompanied. The sums paid by that Government under the
convention are mentioned in the letters of Messrs. E. McCall & Co., of
Lima, who were appointed by my predecessor the agents to receive the
installments as they might fall due.

Z. TAYLOR.



WASHINGTON, _July 1, 1850_.

_To the House of Representatives of the United States:_

In reply to the resolution of the House of Representatives of the 17th
ultimo, in regard to the number of vessels, guns, and men constituting
the African squadron, the annual expenses of that squadron, etc., I
submit herewith a report from the Secretary of the Navy, with
accompanying documents.

Z. TAYLOR.



WASHINGTON, _July 1, 1850_.

_To the Senate of the United States:_

I herewith transmit a report from the Secretary of War, prepared in
answer to a resolution of the Senate of the 27th ultimo, requesting
information of the proceedings of the Executive in regard to the
appointment of the officer now commanding in New Mexico, the orders and
instructions given to and correspondence with him, and upon other
subjects mentioned in the resolution.

Z. TAYLOR.



WASHINGTON, _July 2, 1850_.

_To the Senate of the United States:_

In the month of March last I nominated William McNeir to be a justice of
the peace in and for the county of Washington, in the District of
Columbia, and on the 24th day of June the Senate advised and consented
to the nomination. Since then I have learned from the late mayor of the
city of Washington, upon whose recommendation the nomination was made,
that the person whom he intended to recommend for that office was George
McNeir, whom I now nominate to be a justice of the peace in and for the
county of Washington, in the District of Columbia.

In the month of February last I nominated Benjamin Riddells as consul of
the United States for Chihuahua, and on the 10th day of June last the
Senate advised and consented to that nomination. I have since learned
that the persons recommending the appointment of Mr. Riddells by the
praenomen of Benjamin intended to recommend Bennet Riddells, whom I now
nominate to be consul of the United States for Chihuahua in order to
correct the mistake thus inadvertently made.

Z. TAYLOR.




PROCLAMATIONS.


ZACHARY TAYLOR, PRESIDENT OF THE UNITED STATES OF AMERICA.

_To all whom it may concern:_

An exequatur having been granted to Señor Carlos de España, bearing date
the 29th October, 1846, recognizing him as the consul of Her Catholic
Majesty at the port of New Orleans and declaring him free to exercise
and enjoy such functions, powers, and privileges as are allowed to the
consuls of the most favored nations in the United States:

These are now to declare that I do no longer recognize the said Carlos
de España as consul of Her Catholic Majesty in any part of the United
States, nor permit him to exercise and enjoy any of the functions,
powers, or privileges allowed to the consuls of Spain; and I do hereby
wholly revoke and annul the said exequatur heretofore given, and do
declare the same to be absolutely null and void from this day forward.

In testimony whereof I have caused these letters to be made patent and
the seal of the United States of America to be hereunto affixed.

[SEAL.]

Given under my hand this 4th day of January, A.D. 1850, and of the
Independence of the United States the seventy-fourth.

Z. TAYLOR.

By the President:
  JOHN M. CLAYTON,
    _Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.


Whereas by an act of the Congress of the United States of the 14th of
August, 1848, entitled "An act to establish the Territorial government
of Oregon," the President of the United States is authorized to
establish such ports of delivery in the collection district created by
that act, not exceeding two in number (one of which shall be located on
Pugets Sound), as he may deem proper:

Now, therefore, I, Zachary Taylor, President of the United States of
America, do hereby declare and proclaim the ports of Nesqually (on
Pugets Sound) and Portland, in the collection district of Oregon, in the
Territory of Oregon, to be constituted ports of delivery, with all the
privileges authorized by law to such ports.

In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 10th day of January, A.D. 1850, and
of the Independence of the United States the seventy-fourth.

Z. TAYLOR.

By the President:
  J.M. CLAYTON,
    _Secretary of State_.




DEATH OF PRESIDENT TAYLOR.


ANNOUNCEMENT TO MR. FILLMORE.

[From official records in the State Department.]

DEPARTMENT OF STATE,

_Washington, July 9, 1850_.

MILLARD FILLMORE,

_President of the United States_.

SIR: The melancholy and most painful duty devolves on us to announce to
you that Zachary Taylor, late President of the United States, is no
more. He died at the President's mansion this evening at half-past 10
o'clock.

We have the honor to be, etc.,

JOHN M. CLAYTON,
  _Secretary of State_.

W.M. MEREDITH,
  _Secretary of the Treasury_.

T. EWING,
  _Secretary of the Interior_.

GEO. W. CRAWFORD,
  _Secretary of War_.

WM. BALLARD PRESTON,
  _Secretary of the Navy_.

J. COLLAMER,
  _Postmaster-General_.

[The announcement as published in the Daily National Intelligencer of
July 11, 1850, contains also the signature of Reverdy Johnson,
Attorney-General.]



REPLY OF MR. FILLMORE.

[From official records in the State Department.]

WASHINGTON, _July 9, 1850_.

To the Hons. JOHN M. CLAYTON, Secretary of State; W.M. MEREDITH,
Secretary of the Treasury; T. EWING, Secretary of the Interior; GEO. W.
CRAWFORD, Secretary of War; WM. BALLARD PRESTON, Secretary of the Navy;
J. COLLAMER, Postmaster-General; REVERDY JOHNSON, Attorney-General.

GENTLEMEN: I have just received your note conveying the melancholy and
painful intelligence of the decease of Zachary Taylor, late President of
the United States. I have no language to express the emotions of my
heart. The shock is so sudden and unexpected that I am overwhelmed with
grief.

I shall avail myself of the earliest moment to communicate this sad
intelligence to Congress, and shall appoint a time and place for taking
the oath of office prescribed to the President of the United States. You
are requested to be present and witness the ceremony.

I am, gentlemen, etc.,

MILLARD FILLMORE.



COMMUNICATION TO THE SENATE FROM MR. FILLMORE.

[From Senate Journal, Thirty-first Congress, first session, p. 443.]

WASHINGTON, _July 10, 1850_.

_To the Senate of the United States:_

In consequence of the lamented death of Zachary Taylor, late President
of the United States, I shall no longer occupy the chair of the Senate,
and I have thought that a formal communication to the Senate to that
effect, through your Secretary, might enable you the more promptly to
proceed to the choice of a presiding officer.

MILLARD FILLMORE



ANNOUNCEMENT TO CONGRESS.

[From Senate Journal, Thirty-first Congress, first session, p. 443.]

WASHINGTON, _July 10, 1850_.

_Fellow-Citizens of the Senate and House of Representatives:_

I have to perform the melancholy duty of announcing to you that it has
pleased Almighty God to remove from this life Zachary Taylor, late
President of the United States. He deceased last evening at the hour of
half-past 10 o'clock, in the midst of his family and surrounded by
affectionate friends, calmly and in the full possession of all his
faculties. Among his last words were these, which he uttered with
emphatic distinctness:

  I have always done my duty. I am ready to die. My only regret is
  for the friends I leave behind me.

Having announced to you, fellow-citizens, this most afflicting
bereavement, and assuring you that it has penetrated no heart with
deeper grief than mine, it remains for me to say that I propose this day
at 12 o'clock, in the Hall of the House of Representatives, in the
presence of both Houses of Congress, to take the oath prescribed by the
Constitution, to enable me to enter on the execution of the office which
this event has devolved on me.

MILLARD FILLMORE.



ANNOUNCEMENT TO REPRESENTATIVES OF THE UNITED STATES ABROAD.

[From official records in the State Department]

CIRCULAR.

DEPARTMENT OF STATE,

_Washington, July 10, 1850._

Sir: It has become my most painful duty to announce to you the decease
of Zachary Taylor, late President of the United States.

This afflicting event took place on the 9th instant at the Executive
Mansion in this city, at thirty minutes after 10 o'clock in the evening.

I am, sir, respectfully, your obedient servant,

JOHN M. CLAYTON.



ANNOUNCEMENT TO REPRESENTATIVES OF FOREIGN GOVERNMENTS IN THE UNITED
STATES.

[From official records in the State Department.]

CIRCULAR.

DEPARTMENT OF STATE,

_Washington, July 10, 1850._

SIR: It is my great misfortune to be obliged to inform you of an event
not less afflicting to the people of the United States than distressing
to my own feelings and the feelings of all those connected with the
Government.

The President, Zachary Taylor, departed this life yesterday at half-past
10 o'clock in the evening.

You are respectfully invited to attend the funeral ceremonies, which
will take place on Saturday next, and with the particular arrangements
for which you will be made acquainted in due time.

Not doubting your sympathy and condolence with the Government and people
of the country on this bereavement, I have the honor to be, sir, with
high consideration, your obedient servant,

JOHN M. CLAYTON.



ANNOUNCEMENT TO THE ARMY.

[From official records in the War Department.]

GENERAL ORDERS, No. 21.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

_Washington July 11, 1850_.

I. The following order of the President of the United States announces
to the Army the lamented death of the illustrious General Zachary
Taylor, late President of the United States:


WAR DEPARTMENT, _July 11, 1850_.

The President of the United States with profound sorrow announces to the
Army, the Navy, and Marine Corps the death of Zachary Taylor, late
President of the United States. He died at the Executive Mansion on the
night of the 9th instant at half-past 10 o'clock.

His last public appearance was in participating in the ceremonies of our
national anniversary at the base of the monument now rearing to the
memory of Washington. His last official act was to affix his signature
to the convention recently concluded between the United States and Great
Britain.

The vigor of a constitution strong by nature and confirmed by active and
temperate habits had in later years become impaired by the arduous toils
and exposures of his military life.

Solely engrossed in maintaining the honor and advancing the glory of his
country, in a career of forty years in the Army of the United States he
rendered himself signal and illustrious. An unbroken current of success
and victory, terminated by an achievement unsurpassed in our annals,
left nothing to be accomplished for his military fame.

His conduct and courage gave him this career of unexampled fortune, and
with the crowning virtues of moderation and humanity under all
circumstances, and especially in the moment of victory, revealed to his
countrymen those great and good qualities which induced them unsolicited
to call him from his high military command to the highest civil office
of honor and trust in the Republic; not that he desired to be first, but
that he was felt to be worthiest.

The simplicity of his character, the singleness of his purpose, the
elevation and patriotism of his principles, his moral courage, his
justice, magnanimity and benevolence, his wisdom, moderation, and power
of command, while they have endeared him to the heart of the nation, add
to the deep sense of the national calamity in the loss of a Chief
Magistrate whom death itself could not appall in the consciousness of
"having always done his duty."

The officers of the Army, of the Navy, and Marine Corps will, as a
manifestation of their respect for the exalted character and eminent
public services of the illustrious dead, and of their sense of the
calamity the country has sustained by this afflicting dispensation of
Providence, wear crape on the left arm and upon the hilt of the sword
for six months.

It is further directed that funeral honors be paid at
each of the military posts according to general regulations, and at
navy-yards and on board all public vessels in commission, by firing
thirty minute guns, commencing at meridian, on the day after the receipt
of this order, and by wearing their flags at half-mast.

By order of the President:

GEORGE W. CRAWFORD,

_Secretary of War_.


II. The day after the receipt of this general order at each military
post the troops will be paraded at 10 o'clock a.m. and the order read to
them, after which all labors for the day will cease.

The national flag will be displayed at half-staff.

At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and
at the close of the day a national salute of thirty guns.

The officers of the Army will wear the badge of mourning on the left arm
and on their swords and the colors of the several regiments will be put
in mourning for the period of six months.

By order: R. JONES,

_Adjutant-General._

[The Secretary of the Navy made the same announcement to the Navy as
that portion of the above signed by the Secretary of War.]



ORDER OF THE PRESIDENT.

[From the Daily National Intelligencer, July 12, 1850.]

WASHINGTON, _July 10, 1850_.

In consequence of the death of the President of the United States, I
direct that the several Executive Departments be closed until after the
funeral of the illustrious deceased, and that they, as well as the
Executive Mansion, be placed in mourning, and that the several officers
of the Government wear the usual badge of mourning for the term of six
months.

MILLARD FILLMORE.



ACTION OF CONGRESS.

[From Senate Journal, Thirty-first Congress, first session, p. 445.]

RESOLUTION OF THE SENATE.

Whereas it has pleased Divine Providence to remove from this life
Zachary Taylor, late President of the United States, the Senate,
sharing in the general sorrow which this melancholy event must produce,
is desirous of manifesting its sensibility on this occasion: Therefore

_Resolved_, That a committee consisting of Messrs. Webster, Cass, and
King be appointed on the part of the Senate to meet such committee as
may be appointed on the part of the House of Representatives to consider
and report what measures it may be deemed proper to adopt to show the
respect and affection of Congress for the memory of the illustrious
deceased and to make the necessary arrangements for his funeral.

[From House Journal, Thirty-first Congress, first session, p. 1121.]

RESOLUTION OF THE HOUSE OF REPRESENTATIVES.

Whereas it has pleased Divine Providence to remove from this life
Zachary Taylor, late President of the United States, the House of
Representatives, sharing in the general sorrow which this melancholy
event must produce, is desirous of manifesting its sensibility on the
occasion: Therefore

_Resolved_, That a committee consisting of thirteen members be appointed
on the part of this House to meet such committee as may be appointed on
the part of the Senate to consider and report what measures it may be
deemed proper to adopt in order to show the respect and affection of
Congress for the memory of the illustrious deceased and to make the
necessary arrangements for his funeral.

[The committee consisted of Messrs. Conrad, of Louisiana; McDowell, of
Virginia; Winthrop, of Massachusetts; Bissell, of Illinois; Duer, of New
York; Orr, of South Carolina; Breck, of Kentucky; Strong, of
Pennsylvania; Vinton, of Ohio; Cabell, of Florida; Kerr, of Maryland;
Stanly, of North Carolina; Littlefield, of Maine.]



OFFICIAL ARRANGEMENTS FOR THE FUNERAL.

[From the Daily National Intelligencer, July 13, 1850.]

WASHINGTON, _July 11, 1850_.

The Committee of Arrangements of the two Houses of Congress, having
consulted with the family of the deceased, have concluded that the
funeral of the late President be solemnized on Saturday, the 13th of
July, at 12 o'clock; the religious services to be performed by the Rev.
Dr. Pyne at the Executive Mansion, according to the usage of the
Episcopal Church, in which church the deceased most usually worshiped;
the body to be afterwards taken from the President's house to the
Congress Burying Ground, accompanied by a military escort and civic
procession, and deposited in the receiving tomb.

The military arrangements to be under the direction of Major-General
Scott, the General Commanding in Chief of the Army of the United States,
and Major-General Walter Jones, of the militia of the District of
Columbia.

Commodore Warrington, the senior naval officer now in the city, to have
the direction of the naval arrangements.

The marshal of the District of Columbia to have the direction of the
civic procession.

All the members of the diplomatic corps, all officers of Government, the
clergy of the District and elsewhere, all associations and fraternities,
and citizens generally are invited to attend.

And it is respectfully recommended to the officers of the Government
that they wear the usual badge of mourning.

ORDER OF THE PROCESSION.

FUNERAL ESCORT.

(In column of march.)

Composed of such corps of the Army and the militia as may be ordered or
as may report themselves for duty on the occasion.

CIVIC PROCESSION.

The United States marshal of the District of Columbia and his aids.

The mayors of Washington and Georgetown.

The Committee of Arrangements of the two Houses of Congress.

The chaplains of the two Houses of Congress and the officiating
clergyman of the occasion.

Attending physicians to the late President.

_Pallbearers_.--Hon. Henry Clay, Hon. T.H. Benton, Hon. Lewis Cass, Hon.
Daniel Webster, Hon. J.M. Berrien, Hon. Truman Smith, Hon. R.C.
Winthrop, Hon. Linn Boyd, Hon. James McDowell, Hon. S.F. Vinton, Hon.
Hugh White, Hon. Isaac E. Holmes, G.W.P. Custis, esq., Hon. R.J. Walker,
Chief Justice Cranch, Joseph Gales, esq., Major-General Jesup,
Major-General Gibson, Commodore Ballard, Brigadier-General Henderson.

The horse used by General Taylor in the late war.

Family and relatives of the late President.

The President of the United States and the heads of Departments.

The Sergeant-at-Arms of the Senate.

The Senate of the United States, preceded by the President _pro tempore_
and Secretary.

The Sergeant-at-Arms of the House of Representatives.

The House of Representatives, preceded by their Speaker and Clerk.

The Chief Justice and associate justices of the Supreme Court of the
United States and its officers.

The diplomatic corps.

Governors of States and Territories.

Ex-members of Congress.

Members of State legislatures.

District judges of the United States.

Judges of the circuit and criminal courts of the District of Columbia,
with the members of the bar and officers of the courts.

The judges of the several States.

The Comptroller of the Treasury, Auditors, Treasurer, Register,
Solicitor, and Commissioners of Land Office, Pensions, Indian Affairs,
Patents, and Public Buildings.

The clerks, etc., of the several Departments, preceded by their
respective chief clerks, and all other civil officers of the Government.

Clergy of the District of Columbia and elsewhere.

Officers and soldiers of the Revolution.

Corporate authorities of Washington.

Corporate authorities of Georgetown.

Officers and soldiers who served in the War of 1812 and in the late war.

Presidents, professors, and students of the colleges of the District of
Columbia.

Such societies and fraternities as may wish to join the procession, to
report to the marshal of the District, who will assign them their
respective positions.

Citizens and strangers.

The procession will move from the President's house at 1 o'clock
precisely, or on the conclusion of the religious services.

DANIEL WEBSTER,
_Chairman of the Committee on the part of the Senate_.

CHAS. M. CONRAD,
_Chairman of the Committee on the part of the House of Representatives_.



[From official records in the War Department.]

GENERAL ORDERS, No. 22.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

_Washington, July 11, 1850_.

The joint committees of the Congress of the United States having
designated the General in Chief, Major-General Scott, to take charge of
the military arrangements for the funeral ceremonies of the late
President of the United States, the Secretary of War directs that the
Commanding General of the Army give the necessary orders and
instructions accordingly. The military arrangements will conform to the
directions found in the reports of the special committees of the Senate
and House of Representatives.

By order of the Secretary of War:

R. JONES,

_Adjutant-General._



GENERAL ORDERS.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, July 12, 1850_.

The Major-General Commanding the Army of the United States, having been
charged by the joint committees of Congress with the military
preparations for the funeral honors to be paid to the illustrious
statesman, soldier, and citizen, Zachary Taylor, late President of the
United States, directs the following order of arrangement:

ORDER OF THE MILITARY PROCESSION.

FUNERAL ESCORT.

(In column of march.)

_Infantry_.--Maryland volunteers; volunteer troops from other States;
battalion of volunteers from the District of Columbia.

_Firing party_ (to be commanded by an officer of the Army).--Two
companies of volunteers from Washington; two companies of volunteers
from Baltimore; battalion of United States marines; battalion of United
States artillery, as infantry; troop of United States light artillery.

Dismounted officers of volunteers, Marine Corps, Navy, and Army, in the
order named.

Mounted officers of volunteers, Marine Corps, Navy, and Army, in the
order named.

Major-General Walter Jones, commanding the militia; aids-de-camp.

Major-General Winfield Scott, commanding the Army; aids-de-camp.

The troops will be formed in line in the Avenue, north of the
President's mansion, precisely at 11 o'clock a.m., Saturday, the 13th
instant, with the right (Brevet Major Sedgwick's troop of light
artillery) resting opposite the War Department.

The procession will move at 1 o'clock p.m., when minute guns will be
fired by detachments of artillery stationed near St. John's church, the
City Hall, and the Capitol, respectively.

On arriving on the north front of the Congressional Burial Ground the
escort will be formed in two lines, the first consisting of the firing
party, facing the cemetery and 30 paces from it; the second composed of
the rest of the infantry, 20 paces in rear; the battery of artillery to
take position on the rising ground 100 paces in rear of the second line.

At sunrise to-morrow (the 13th instant) a Federal salute will be fired
from the military stations in the vicinity of Washington, minute guns
between the hours of 1 and 3, and a national salute at the setting of
the sun.

The usual badge of mourning will be worn on the left arm and on the hilt
of the sword.

The Adjutant-General of the Army is charged with the details of the
military arrangements of the day, aided by the Assistant
Adjutants-General on duty at Washington, by Brevet Lieutenant-Colonel
Swords, of the staff, and Lieutenant W.T. Sherman, Third Artillery.

The United States marshal of the District of Columbia having been
charged with the direction of the civic procession, the military will
cooperate in the general order of arrangements.

By command of Major-General Scott:

R. JONES,

_Adjutant-General_.



[From the Daily National Intelligencer, July 12, 1850.]

GENERAL ORDER.

The major-general, zealous to execute the honorable commission in which
the joint committees of Congress have associated him with the General in
Chief of the Army, deems it proper and conducive to the end in view to
make the best preparation in his power for carrying into effect the
field arrangements of the military movements in the procession of the
funeral of the late President, arrangements which must necessarily await
the arrival of the General in Chief. For that purpose he thinks it
expedient to appoint a general rendezvous where all the corps and
companies of militia, including all who may march from any of the
States with those of this District, may assemble at an early hour in the
morning of Saturday, the 13th instant, and there receive final orders
for being formed and posted. They are therefore requested to take notice
that such rendezvous is in front of the City Hall. The corps and
companies from the States are requested to repair to this general
rendezvous immediately on arrival; those of the District not later than
9 o'clock a.m. The commandants of corps and companies are expected to
report, immediately on arriving at the rendezvous, to the major-general
or such staff officer as may be detailed for the purpose, the strength
of their respective commands.

All officers not on duty in their respective corps or companies are
requested to appear in full uniform and mounted. The post intended for
them is in the personal suite of the General in Chief. The major-general
knows of no more honorable or more interesting post that he could assign
them in time of peace than that of following the lead of the renowned
Scott in the procession of the funeral of the renowned Taylor.

WALTER JONES,
_Major-General Militia District of Columbia_.



RESOLUTION OF CONDOLENCE BY CONGRESS.

[From original in the State Department.]

A RESOLUTION expressing the condolence of Congress for Mrs. Margaret S.
Taylor.

_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,_ That the President of the
United States be requested to transmit a copy of the proceedings of the
two Houses on the 10th instant in relation to the death of the late
President of the United States to Mrs. Margaret S. Taylor, and to assure
her of the profound respect of the two Houses of Congress for her person
and character and of their sincere condolence on the late afflicting
dispensation of Providence.








Millard Fillmore

July 10, 1850, to March 4, 1853




Millard Fillmore

Millard Fillmore was born February 7, 1800, in the township of Locke
(now Summerhill), Cayuga County, N.Y. He was the second son of
Nathaniel Fillmore and Phoebe Millard. His ancestors served with
distinction in the French and Revolutionary wars. He attended the
primitive schools in the neighborhood three months in the year,
devoting the other nine to working on his father's farm. His father,
having formed a distaste for farming, was desirous that his sons
should follow other occupations. Accordingly, Millard, after serving
an apprenticeship for a few months, began in 1815 the business of
carding and dressing cloth. Was afterwards a school-teacher. In 1819
decided to become a lawyer, and in 1823, although he had not completed
the usual course required, was admitted as an attorney by the court of
common pleas of Erie County. February 5, 1826, was married to Miss
Abigail Powers, daughter of a clergyman. In 1827 was admitted as an
attorney and two years later as counselor before the supreme court. In
1830 removed to Buffalo and became a successful lawyer. His political
career began and ended with the birth and extinction of the Whig
party. Was elected to the legislature of his State in 1828, and served
three terms; while there he was distinguished by his advocacy of the
act to abolish imprisonment for debt, which passed in 1831. In 1832
was elected to Congress, and after serving one term retired till 1836,
when he was reelected, and again returned in 1838 and 1840, declining
a renomination in 1842. Was the author of the tariff of 1842. He
retired from Congress in 1843. Was an unsuccessful candidate for
Vice-President before the Whig convention at Baltimore in 1844. Was
nominated by acclamation for governor of New York in the following
September, but was defeated by Silas Wright. In 1847 was elected
comptroller of the State. In 1848 was nominated by the Whigs for
Vice-President on the ticket with General Taylor and was elected in
the following November. He presided as Vice-President with strict
impartiality during exciting debates in the Senate. By the death of
President Taylor became President July 10, 1850. Was a candidate for
President at the Whig convention in 1852, but General Scott received
the nomination. Three weeks after the close of his Administration his
wife died. Afterwards married Caroline C. McIntosh, who survived him.
In 1856, while in Rome, he was nominated for the Presidency by the
American (Whig) party, but was defeated by Mr. Buchanan. After his
retirement from office he resided in Buffalo the remainder of his
life. He established the Buffalo Historical Society. Was called upon
to welcome distinguished visitors to his city, and frequently presided
over conventions and other public meetings, but held no office after
retiring from the Presidency. He again visited Europe in 1866. Died at
Buffalo, N.Y., March 8, 1874, and was buried in that city in Forest
Lawn Cemetery.




SPECIAL MESSAGES.


WASHINGTON, _July 10, 1850_.

_Fellow-Citizens of the Senate and House of Representatives_:

A great man has fallen among us, and a whole country is called to an
occasion of unexpected, deep, and general mourning.

I recommend to the two Houses of Congress to adopt such measures as in
their discretion may seem proper to perform with due solemnities the
funeral obsequies of Zachary Taylor, late President of the United
States, and thereby to signify the great and affectionate regard of
the American people for the memory of one whose life has been devoted
to the public service, whose career in arms has not been surpassed in
usefulness or brilliancy, who has been so recently raised by the
unsolicited voice of the people to the highest civil authority in the
Government, which he administered with so much honor and advantage to
his country, and by whose sudden death so many hopes of future
usefulness have been blighted forever.

To you, Senators and Representatives of a nation in tears, I can say
nothing which can alleviate the sorrow with which you are oppressed. I
appeal to you to aid me, under the trying circumstances which surround
me, in the discharge of the duties from which, however much I may be
oppressed by them, I dare not shrink; and I rely upon Him who holds in
His hands the destinies of nations to endow me with the requisite
strength for the task and to avert from our country the evils
apprehended from the heavy calamity which has befallen us.

I shall most readily concur in whatever measures the wisdom of the two
Houses may suggest as befitting this deeply melancholy occasion.

MILLARD FILLMORE.



WASHINGTON, _July 15, 1850_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a treaty between the United States and the Republic of
Peru, signed in this city on the 13th instant by the plenipotentiaries
of the parties. A report from the Secretary of State relative to the
treaty, and the documents therein referred to, are also herewith
transmitted.

MILLARD FILLMORE.


WASHINGTON, _July 17, 1850_.

_To the Senate of the United States_:

In further answer to a resolution of the Senate of the 27th ultimo, in
reference to a proclamation issued by the military officer commanding
in New Mexico and other matters, I herewith transmit a report from
the Secretary of War, communicating information not received at the
Department until after the date of his report of the 1st instant on
this subject.

MILLARD FILLMORE.


WASHINGTON, _July 17, 1850_.

_To the Senate of the United States_:

In answer to a resolution of the Senate of the 1st instant, requesting
the President to furnish the Senate with "the report and map of
Lieutenant J.D. Webster, Corps of Topographical Engineers, of a survey
of the Gulf coast at the mouth of the Rio Grande and its vicinity,"
and in compliance therewith, I transmit herewith a report from the
Secretary of War, accompanied by the report and map above referred to.

MILLARD FILLMORE.


WASHINGTON, _July 18, 1850_.

_To the House of Representatives of the United States_:

I herewith transmit to the House of Representatives, in compliance with
the request contained in their resolution of the 24th day of January
last, the information asked for by that resolution, relating to certain
proceedings of the British Government in the forcible seizure and
occupation of the island of Tigre; also all the "facts, circumstances,
and communications within the knowledge of the Executive relative to any
seizure or occupation, or attempted seizure or occupation, by the
British Government of any port, river, town, territory, or island
belonging to or claimed by any of the States of Central America."

The resolution of the House speaks of the island of Tigre, in the
State of Nicaragua. I am not aware of the existence of any such island
in that State, and presume that the resolution refers to the island of
the same name in the Gulf of Fonseca, in the State of Honduras.

The concluding part of the resolution, requesting the President to
communicate to the House all treaties not heretofore published which
may have been negotiated with any of the States of Central America "by
any person acting by authority of the late Administration or under the
auspices of the present Administration," so far as it has reference to
treaties negotiated with any of those States by instructions from this
Government, can not be complied with, inasmuch as those treaties have
not been acted upon by the Senate of the United States, and are now in
the possession of that body, to whom by the Constitution they are
directed to be transmitted for advice in regard to their ratification.

But as its communication is not liable to the same objection, I
transmit for the information of the House a copy of a treaty in regard
to a ship canal across the Isthmus, negotiated by Elijah Hise, our
late chargé d'affaires in Guatemala, with the Government of Nicaragua
on the 21st day of June, 1849, accompanied by copies of his
instructions from and correspondence with the Department of State.

I shall cheerfully comply with the request of the House of
Representatives to lay before them the treaties negotiated with the
States of Central America, now before the Senate, whenever it shall be
compatible with the public interest to make the communication. For the
present I communicate herewith a copy of the treaty with Great Britain
and of the correspondence between the American Secretary of State
and the British plenipotentiary at the time it was concluded. The
ratifications of it were exchanged at Washington on the 4th day of
July instant.

I also transmit the report of the Secretary of State, to whom the
resolution of the House was referred, and who conducted the
negotiations relative to Central America, under the direction of
my lamented predecessor.

MILLARD FILLMORE.


WASHINGTON, _July 20, 1850_.

_To the Senate of the United States_:

I herewith transmit to the Senate, with a view to its ratification, a
convention between the United States and the Mexican Republic for the
extradition of fugitives from justice. This convention was negotiated
under the directions of my predecessor, and was signed this day by
John M. Clayton, Secretary of State, on the part of the United States,
and by Senor Don Luis de la Rosa, envoy extraordinary and minister
plenipotentiary of Mexico, on the part of that Republic. The length of
the boundary line between the two countries, extending, as it does,
from the Pacific to the Gulf, renders such a convention indispensable
to the maintenance of good order and the amicable relations now so
happily subsisting between the sister Republics.

MILLARD FILLMORE.


WASHINGTON, _July 23, 1850_.

_To the Senate of the United States_:

I lay before the Senate, for their consideration and advice as to its
ratification, a treaty concluded in the city of Washington on the 1st
day of April, 1850, by and between Ardavan S. Loughery, commissioner
on the part of the United States, and delegates of the Wyandott tribe
of Indians.

I also lay before the Senate a letter from the Secretary of the Interior
and the papers therein referred to.

MILLARD FILLMORE.


WASHINGTON, _July 30, 1850_.

_To the Senate of the United States_:

I herewith transmit to the Senate, in answer to its resolution of the
5th instant, requesting the President to communicate to that body "any
information, if any has been received by the Government, showing that
an American vessel has been recently stopped upon the high seas and
searched by a British ship of war," the accompanying copies of papers.
The Government has no knowledge of any alleged stopping or searching
on the high seas of American vessels by British ships of war except in
the cases therein mentioned. The circumstances of these cases will
appear by the inclosed correspondence, taken from the files of the
Navy Department. No remonstrance or complaint by the owners of these
vessels has been presented to the Government of the United States.

MILLARD FILLMORE


WASHINGTON, _August 2, 1850_.

_To the Senate of the United States_:

I have the honor to transmit herewith a report of the Secretary of
War, in answer to a resolution of the Senate passed on the 8th of July
last, calling for information in relation to the removal of Fort Polk,
etc. The documents accompanying the report contain all the information
required by the resolution.

MILLARD FILLMORE.


WASHINGTON, _August 6, 1850_.

_To the Senate and House of Representatives_:

I herewith transmit to the two Houses of Congress a letter from his
excellency the governor of Texas, dated on the 14th day of June last,
addressed to the late President of the United States, which, not
having been answered by him, came to my hands on his death; and I also
transmit a copy of the answer which I have felt it to be my duty to
cause to be made to that communication.

Congress will perceive that the governor of Texas officially states
that by authority of the legislature of that State he dispatched a
special commissioner with full power and instructions to extend the
civil jurisdiction of the State over the unorganized counties of El
Paso, Worth, Presidio, and Santa Fe, situated on its northwestern
limits.

He proceeds to say that the commissioner had reported to him in an
official form that the military officers employed in the service of
the United States stationed at Santa Fe interposed adversely with
the inhabitants to the fulfillment of his object in favor of the
establishment of a separate State government east of the Rio Grande,
and within the rightful limits of the State of Texas. These four
counties, which Texas thus proposes to establish and organize as being
within her own jurisdiction, extend over the whole of the territory
east of the Rio Grande, which has heretofore been regarded as an
essential and integral part of the department of New Mexico, and
actually governed and possessed by her people until conquered and
severed from the Republic of Mexico by the American arms.

The legislature of Texas has been called together by her governor
for the purpose, as is understood, of maintaining her claim to the
territory east of the Rio Grande and of establishing over it her own
jurisdiction and her own laws by force.

These proceedings of Texas, may well arrest the attention of all
branches of the Government of the United States, and I rejoice that
they occur while the Congress is yet in session. It is, I fear, far
from being impossible that, in consequence of these proceedings of
Texas, a crisis may be brought on which shall summon the two Houses of
Congress, and still more emphatically the executive government, to an
immediate readiness for the performance of their respective duties.

By the Constitution of the United States the President is constituted
Commander in Chief of the Army and Navy, and of the militia of the
several States when called into the actual service of the United
States. The Constitution declares also that he shall take care that
the laws be faithfully executed and that he shall from time to time
give to the Congress information of the state of the Union.

Congress has power by the Constitution to provide for calling forth
the militia to execute the laws of the Union, and suitable and
appropriate acts of Congress have been passed as well for providing
for calling forth the militia as for placing other suitable and
efficient means in the hands of the President to enable him to
discharge the constitutional functions of his office.

The second section of the act of the 28th of February, 1795, declares
that whenever the laws of the United States shall be opposed or their
execution obstructed in any State by combinations too powerful to be
suppressed by the ordinary course of judicial proceedings or the power
vested in the marshals, the President may call forth the militia, as
far as may be necessary, to suppress such combinations and to cause
the laws to be duly executed.

By the act of March 3, 1807, it is provided that in all cases of
obstruction to the laws either of the United States or any individual
State or Territory, where it is lawful for the President to call forth
the militia for the purpose of causing the laws to be duly executed,
it shall be lawful for him to employ for the same purposes such part
of the land or naval force of the United States as shall be judged
necessary.

These several enactments are now in full force, so that if the laws of
the United States are opposed or obstructed in any State or Territory
by combinations too powerful to be suppressed by the judicial or civil
authorities it becomes a case in which it is the duty of the President
either to call out the militia or to employ the military and naval
force of the United States, or to do both if in his judgment the
exigency of the occasion shall so require, for the purpose of
suppressing such combinations. The constitutional duty of the
President is plain and peremptory and the authority vested in him by
law for its performance clear and ample.

Texas is a State, authorized to maintain her own laws so far as they
are not repugnant to the Constitution, laws, and treaties of the
United States; to suppress insurrections against her authority, and to
punish those who may commit treason against the State according to the
forms provided by her own constitution and her own laws.

But all this power is local and confined entirely within the limits
of Texas herself. She can possibly confer no authority which can be
lawfully exercised beyond her own boundaries.

All this is plain, and hardly needs argument or elucidation. If Texas
militia, therefore, march into any one of the other States or into any
Territory of the United States, there to execute or enforce any law of
Texas, they become at that moment trespassers; they are no longer
under the protection of any lawful authority, and are to be regarded
merely as intruders; and if within such State or Territory they
obstruct any law of the United States, either by power of arms or mere
power of numbers, constituting such a combination as is too powerful
to be suppressed by the civil authority, the President of the United
States has no option left to him, but is bound to obey the solemn
injunction of the Constitution and exercise the high powers vested in
him by that instrument and by the acts of Congress.

Or if any civil posse, armed or unarmed, enter into any Territory of
the United States, under the protection of the laws thereof, with
intent to seize individuals, to be carried elsewhere for trial for
alleged offenses, and this posse be too powerful to be resisted by the
local civil authorities, such seizure or attempt to seize is to be
prevented or resisted by the authority of the United States.

The grave and important question now arises whether there be in
the Territory of New Mexico any existing law of the United States
opposition to which or the obstruction of which would constitute a
case calling for the interposition of the authority vested in the
President.

The Constitution of the United States declares that--

  This Constitution, and the laws of the United States which shall be
  made in pursuance thereof, and all treaties made, or which shall be
  made, under the authority of the United States, shall be the supreme
  law of the land.


If, therefore, New Mexico be a Territory of the United States, and if
any treaty stipulation be in force therein, such treaty stipulation
is the supreme law of the land, and is to be maintained and upheld
accordingly.

In the letter to the governor of Texas my reasons are given for
believing that New Mexico is now a Territory of the United States,
with the same extent and the same boundaries which belonged to it
while in the actual possession of the Republic of Mexico, and before
the late war. In the early part of that war both California and New
Mexico were conquered by the arms of the United States, and were
in the military possession of the United States at the date of the
treaty of peace.

By that treaty the title by conquest was confirmed and these
territories, provinces, or departments separated from Mexico forever,
and by the same treaty certain important rights and securities were
solemnly guaranteed to the inhabitants residing therein.

By the fifth article of the treaty it is declared that--

  The boundary line between the two Republics shall commence in the Gulf
  of Mexico 3 leagues from land, opposite the mouth of the Rio Grande,
  otherwise called Rio Bravo del Norte, or opposite the mouth of its
  deepest branch if it should have more than one branch emptying
  directly into the sea; from thence up the middle of that river,
  following the deepest channel where it has more than one, to the point
  where it strikes the southern boundary of New Mexico; thence
  westwardly, along the whole southern boundary of New Mexico (which
  runs north of the town called Paso) to its western termination; thence
  northward along the western line of New Mexico until it intersects the
  first branch of the river Gila (or, if it should not intersect any
  branch of that river, then to the point on the said line nearest to
  such branch, and thence in a direct line to the same); thence down the
  middle of the said branch and of the said river until it empties into
  the Rio Colorado; thence across the Rio Colorado, following the
  division line between Upper and Lower California, to the Pacific
  Ocean.


The eighth article of the treaty is in the following terms:

  Mexicans now established in territories previously belonging to
  Mexico, and which remain for the future within the limits of the
  United States as defined by the present treaty, shall be free to
  continue where they now reside or to remove at any time to the Mexican
  Republic, retaining the property which they possess in the said
  territories, or disposing thereof and removing the proceeds wherever
  they please without their being subjected on this account to any
  contribution, tax, or charge whatever.

  Those who shall prefer to remain in the said territories may either
  retain the title, and rights of Mexican citizens or acquire those of
  citizens of the United States; but they shall be under the obligation
  to make their election within one year from the date of the exchange
  of ratifications of this treaty; and those who shall remain in the
  said territories after the expiration of that year without having
  declared their intention to retain the character of Mexicans shall be
  considered to have elected to become citizens of the United States.

  In the said territories property of every kind now belonging to
  Mexicans not established there shall be inviolably respected. The
  present owners, the heirs of these, and all Mexicans who may hereafter
  acquire said property by contract shall enjoy with respect to it
  guaranties equally ample as if the same belonged to citizens of the
  United States.


The ninth article of the treaty is in these words:

  The Mexicans who, in the territories aforesaid, shall not preserve the
  character of citizens of the Mexican Republic, conformably with what
  is stipulated in the preceding article, shall be incorporated into the
  Union of the United States and be admitted at the proper time (to be
  judged of by the Congress of the United States) to the enjoyment of
  all the rights of citizens of the United States according to the
  principles of the Constitution, and in the meantime shall be
  maintained and protected in the free enjoyment of their liberty and
  property and secured in the free exercise of their religion without
  restriction.


It is plain, therefore, on the face of these treaty stipulations that
all Mexicans established in territories north or east of the line of
demarcation already mentioned come within the protection of the ninth
article, and that the treaty, being a part of the supreme law of the
land, does extend over all such Mexicans, and assures to them perfect
security in the free enjoyment of their liberty and property, as well
as in the free exercise of their religion; and this supreme law of
the land, being thus in actual force over this territory, is to be
maintained until it shall be displaced or superseded by other legal
provisions; and if it be obstructed or resisted by combinations too
powerful to be suppressed by the civil authority the case is one which
comes within the provisions of law and which obliges the President to
enforce those provisions. Neither the Constitution nor the laws nor my
duty nor my oath of office leave me any alternative or any choice in
my mode of action.

The executive government of the United States has no power or
authority to determine what was the true line of boundary between
Mexico and the United States before the treaty of Guadalupe Hidalgo,
nor has it any such power now, since the question has become a
question between the State of Texas and the United States. So far as
this boundary is doubtful, that doubt can only be removed by some
act of Congress, to which the assent of the State of Texas may be
necessary, or by some appropriate mode of legal adjudication; but
in the meantime, if disturbances or collisions arise or should be
threatened, it is absolutely incumbent on the executive government,
however painful the duty, to take care that the laws be faithfully
maintained; and he can regard only the actual state of things as
it existed at the date of the treaty, and is bound to protect all
inhabitants who were then established and who now remain north and
east of the line of demarcation in the full enjoyment of their liberty
and property, according to the provisions of the ninth article of the
treaty. In other words, all must be now regarded as New Mexico which
was possessed and occupied as New Mexico by citizens of Mexico at the
date of the treaty until a definite line of boundary shall be
established by competent authority.

This assertion of duty to protect the people of New Mexico from
threatened violence, or from seizure to be carried into Texas for
trial for alleged offenses against Texan laws, does not at all include
any claim of power on the part of the Executive to establish any civil
or military government within that Territory. _That power_ belongs
exclusively to the legislative department, and Congress is the sole
judge of the time and manner of creating or authorizing any such
government.

The duty of the Executive extends only to the execution of laws and
the maintenance of treaties already in force and the protection of all
the people of the United States in the enjoyment of the rights which
those treaties and laws guarantee.

It is exceedingly desirable that no occasion should arise for
the exercise of the powers thus vested in the President by the
Constitution and the laws. With whatever mildness those powers might
be executed, or however clear the case of necessity, yet consequences
might, nevertheless, follow of which no human sagacity can foresee
either the evils or the end.

Having thus laid before Congress the communication of his excellency
the governor of Texas and the answer thereto, and having made such
observations as I have thought the occasion called for respecting
constitutional obligations which may arise in the further progress of
things and may devolve on me to be performed, I hope I shall not be
regarded as stepping aside from the line of my duty, notwithstanding
that I am aware that the subject is now before both Houses, if I
express my deep and earnest conviction of the importance of an immediate
decision or arrangement or settlement of the question of boundary
between Texas and the Territory of New Mexico. All considerations of
justice, general expediency, and domestic tranquillity call for this.
It seems to be in its character and by position the first, or one of
the first, of the questions growing out of the acquisition of California
and New Mexico, and now requiring decision.

No government can be established for New Mexico, either State or
Territorial, until it shall be first ascertained what New Mexico
is, and what are her limits and boundaries. These can not be fixed
or known till the line of division between her and Texas shall be
ascertained and established; and numerous and weighty reasons
conspire, in my judgment, to show that this divisional line should be
established by Congress with the assent of the government of Texas. In
the first place, this seems by far the most prompt mode of proceeding
by which the end can be accomplished. If judicial proceedings were
resorted to, such proceedings would necessarily be slow, and years
would pass by, in all probability, before the controversy could be
ended. So great a delay in this case is to be avoided if possible.
Such delay would be every way inconvenient, and might be the occasion
of disturbances and collisions. For the same reason I would, with the
utmost deference to the wisdom of Congress, express a doubt of the
expediency of the appointment of commissioners, and of an examination,
estimate, and an award of indemnity to be made by them. This would be
but a species of arbitration, which might last as long as a suit at
law.

So far as I am able to comprehend the case, the general facts are
now all known, and Congress is as capable of deciding on it justly
and properly now as it probably would be after the report of the
commissioners. If the claim of title on the part of Texas appears
to Congress to be well founded in whole or in part, it is in the
competency of Congress to offer her an indemnity for the surrender of
that claim. In a case like this, surrounded, as it is, by many cogent
considerations, all calling for amicable adjustment and immediate
settlement, the Government of the United States would be justified,
in my opinion, in allowing an indemnity to Texas, not unreasonable
or extravagant, but fair, liberal, and awarded in a just spirit of
accommodation.

I think no event would be hailed with more gratification by the people
of the United States than the amicable adjustment of questions of
difficulty which have now for a long time agitated the country and
occupied, to the exclusion of other subjects, the time and attention
of Congress.

Having thus freely communicated the results of my own reflections on
the most advisable mode of adjusting the boundary question, I shall
nevertheless cheerfully acquiesce in any other mode which the wisdom
of Congress may devise. And in conclusion I repeat my conviction that
every consideration of the public interest manifests the necessity of
a provision by Congress for the settlement of this boundary question
before the present session be brought to a close. The settlement of
other questions connected with the same subject within the same period
is greatly to be desired, but the adjustment of this appears to me to
be in the highest degree important. In the train of such an adjustment
we may well hope that there will follow a return of harmony and good
will, an increased attachment to the Union, and the general
satisfaction of the country.

MILLARD FILLMORE.



WASHINGTON, _August 8, 1850_.

_To the Senate and House of Representatives_:

It has been suggested that the language in the first paragraph of my
message to the two Houses of Congress of the 6th instant may convey
the idea that Governor Bell's letter to my predecessor was received by
him before his death. It was addressed to him, but appears, in point
of fact, to have been sent to me from the post-office after his death.

I make this communication to accompany the message and prevent
misapprehension.

MILLARD FILLMORE.



WASHINGTON, _August 10, 1850_.

_To the Senate of the United States_:

I transmit herewith a communication from the Department of the
Interior and the papers which accompanied it, being the first part of
the results of investigations by Henry R. Schoolcraft, esq., under the
provisions of an act of Congress approved March 3, 1847, requiring the
Secretary of War "to collect and digest such statistics and materials
as may illustrate the history, the present condition, and future
prospects of the Indian tribes of the United States,"

MILLARD FILLMORE.



WASHINGTON, _August 24, 1850_.

_To the Senate of the United States_:


I have the honor to transmit herewith a report submitted by the
Secretary of the Treasury, to whom was referred the resolution of the
Senate of the 3ist July last, requesting to be furnished with certain
information in relation to the commerce, etc., of the district of
Brazos Santiago, in Texas.

MILLARD FILLMORE.



WASHINGTON, _August 26, 1850_.

_To the Senate of the United States_:

I have the honor to inclose herewith a letter just received from the
Secretary of War, transmitting a communication from the Colonel of
the Corps of Topographical Engineers, with accompanying papers, which
he requests may be taken as a supplement to the "report and map of
Lieutenant J.D. Webster, Corps of Topographical Engineers, of a survey
of the Gulf coast at the mouth of the Rio Grande and its vicinity,"
called for by a resolution of the Senate of the 1st of July last.

MILLARD FILLMORE.



WASHINGTON, _September 2, 1850_.

_To the Senate of the United States_:

I have the honor herewith to transmit to your honorable body a
report from the Secretary of the Navy, accompanied by copies of the
correspondence relating to the resignation of Edward C. Anderson, a
lieutenant in the Navy, in answer to a resolution of the Senate of
August 28, 1850, adopted in executive session.

MILLARD FILLMORE.



WASHINGTON, _September 9, 1850_.

_To the Senate of the United States_:

In answer to a resolution of the Senate of the 5th instant, I have the
honor herewith to transmit to the Senate a letter from the Secretary
of State, accompanied by a copy of the report of the commissioner to
China made in pursuance of the provisions of the act to carry into
effect certain provisions of the treaties between the United States
and China and the Ottoman Porte, giving certain judicial powers, etc.

MILLARD FILLMORE.



WASHINGTON, _September 9, 1850_.

_To the Senate of the United States_:

In compliance with the request of the Hon. Manuel Alvarez, acting
governor, etc., I have the honor to transmit to the Senate herewith a
copy of the constitution recently adopted by the inhabitants of New
Mexico, together with a digest of the votes for and against it.

Congress having just passed a bill providing a Territorial government
for New Mexico, I do not deem it advisable to submit any recommendation
on the subject of a State government.

MILLARD FILLMORE.



WASHINGTON, _September 12, 1850_.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: In answer to a resolution of the House of Representatives adopted
September 2, 1850, calling upon me to communicate the full and exact
cost of each of the lines of mail steamers now in service, etc., I
have the honor to transmit herewith reports from the Secretary of
the Navy and Postmaster-General, containing the desired information.

MILLARD FILLMORE.



WASHINGTON, _September 16, 1850_.

_To the Senate of the United States_:

In answer to a resolution of the Senate of the 9th instant, adopted in
executive session, asking information in reference to the nomination
of John Howard Payne as consul to Tunis, I have the honor to transmit
a report from the Secretary of State, giving the desired information.

MILLARD FILLMORE.



WASHINGTON, _September 23, 1850_.

_To the Senate and House of Representatives_:

Having been informed that it is the wish of the family and relatives
of the late lamented President of the United States that his remains
should be removed to the State of Kentucky, and being desirous of
manifesting the most sincere and profound respect for the character of
the deceased, in which I doubt not Congress will fully concur, I have
felt it to be my duty to make known to you the wishes of the family,
that you might previous to your adjournment adopt such proceedings and
take such order on the subject as in your wisdom may seem meet and
proper on the occasion.

MILLARD FILLMORE.

[The remains of the late President of the United States were removed
from Washington to Louisville, Ky., October 25, 1850.]



WASHINGTON, _September 27, 1850_.

_To the Senate of the United States_:

I herewith transmit to the Senate, in answer to their resolution of
the 23d instant, a report from the Secretary of State, with the
papers[1] therein referred to.

MILLARD FILLMORE.

[Footnote 1: Communications from the United States minister to Turkey
relative to the Hungarian exiles.]



WASHINGTON, _September 28, 1850_.

_To the Senate of the United States_:

In answer to your resolution of the 24th instant, expressing an
opinion adverse to the alleged resignation of Lieutenant Anderson,
of the Navy, I have the honor herewith to transmit a report from the
Secretary of the Navy, accompanied by the correspondence in reference
to such resignation.

Regarding the opinion of the Senate in this matter with the most
profound respect, I have given to the subject the most anxious
consideration, and submitted the question to the deliberation of my
Cabinet, and after a careful examination of the whole correspondence
they are unanimously of opinion that Lieutenant Anderson tendered
his resignation, which was duly accepted, and that he was therefore
rightfully dropped from the Register. I concur fully in this opinion.
With these convictions I feel compelled to adhere to the decision
of my lamented predecessor, and can only regret that I have the
misfortune in this instance to differ from those for whom,
individually and collectively, I entertain the highest respect.

MILLARD FILLMORE.




PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.


Whereas by an act of the Congress of the United States of the 24th
of May, 1828, entitled "An act in addition to an act entitled 'An
act concerning discriminating duties of tonnage and impost' and to
equalize the duties on Prussian vessels and their cargoes," it is
provided that upon satisfactory evidence being given to the President
of the United States by the government of any foreign nation that no
discriminating duties of tonnage or impost are imposed or levied
in the ports of the said nation upon vessels wholly belonging to
citizens of the United States, or upon the produce, manufactures, or
merchandise imported in the same from the United States or from any
foreign country, the President is thereby authorized to issue his
proclamation declaring that the foreign discriminating duties of
tonnage and impost within the United States are and shall be suspended
and discontinued so far as respects the vessels of the said foreign
nation and the produce, manufactures, or merchandise imported into the
United States in the same from the said foreign nation or from any
other foreign country, the said suspension to take effect from the
time of such notification being given to the President of the United
States and to continue so long as the reciprocal exemption of vessels
belonging to citizens of the United States and their cargoes, as
aforesaid, shall be continued, and no longer; and

Whereas satisfactory evidence has lately been received by me from the
Government of the Republic of Chile, through an official communication
of Señor Don Manuel Carvallo, accredited to this Government as envoy
extraordinary and minister plenipotentiary of that Republic, under
date of the 31st of October, 1850, that no other or higher duties of
tonnage and impost are imposed or levied in the ports of Chile upon
vessels wholly belonging to citizens of the United States and upon the
produce, manufactures, or merchandise imported in the same from the
United States and from any foreign country whatever than are levied on
Chilean ships and their cargoes in the same ports and under like
circumstances:

Now, therefore, I, Millard Fillmore, President of the United States of
America, do hereby declare and proclaim that so much of the several
acts imposing discriminating duties of tonnage and impost within the
United States are and shall be suspended and discontinued so far as
respects the vessels of Chile and the produce, manufactures, and
merchandise imported into the United States in the same from Chile and
from any other foreign country whatever, the said suspension to take
effect from the day above mentioned and to continue thenceforward so
long as the reciprocal exemption of the vessels of the United States
and the produce, manufactures, and merchandise imported into Chile in
the same, as aforesaid, shall be continued on the part of the
Government of Chile.

Given under my hand, at the city of Washington, this 1st day of
November, A.D. 1850, and the seventy-fifth of the Independence of the
United States.

MILLARD FILLMORE.

By the President:
  W.S. DERRICK,
    _Acting Secretary of State_.




FIRST ANNUAL MESSAGE.


WASHINGTON, _December 2, 1850_.

_Fellow-Citizens of the Senate and of the House of Representatives_:


Being suddenly called in the midst of the last session of Congress by
a painful dispensation of Divine Providence to the responsible station
which I now hold, I contented myself with such communications to the
legislature as the exigency of the moment seemed to require. The
country was shrouded in mourning for the loss of its venerable Chief
Magistrate and all hearts were penetrated with grief. Neither the time
nor the occasion appeared to require or to justify on my part any
general expression of political opinions or any announcement of the
principles which would govern me in the discharge of the duties to the
performance of which I had been so unexpectedly called. I trust,
therefore, that it may not be deemed inappropriate if I avail myself
of this opportunity of the reassembling of Congress to make known my
sentiments in a general manner in regard to the policy which ought to
be pursued by the Government both in its intercourse with foreign
nations and its management and administration of internal affairs.

Nations, like individuals in a state of nature, are equal and
independent, possessing certain rights and owing certain duties to
each other, arising from their necessary and unavoidable relations;
which rights and duties there is no common human authority to protect
and enforce. Still, they are rights and duties, binding in morals, in
conscience, and in honor, although there is no tribunal to which an
injured party can appeal but the disinterested judgment of mankind,
and ultimately the arbitrament of the sword.

Among the acknowledged rights of nations is that which each possesses
of establishing that form of government which it may deem most
conducive to the happiness and prosperity of its own citizens, of
changing that form as circumstances may require, and of managing its
internal affairs according to its own will. The people of the United
States claim this right for themselves, and they readily concede it to
others. Hence it becomes an imperative duty not to interfere in the
government or internal policy of other nations; and although we may
sympathize with the unfortunate or the oppressed everywhere in their
struggles for freedom, our principles forbid us from taking any part
in such foreign contests. We make no wars to promote or to prevent
successions to thrones, to maintain any theory of a balance of power,
or to suppress the actual government which any country chooses to
establish for itself. We instigate no revolutions, nor suffer any
hostile military expeditions to be fitted out in the United States
to invade the territory or provinces of a friendly nation. The great
law of morality ought to have a national as well as a personal and
individual application. We should act toward other nations as we wish
them to act toward us, and justice and conscience should form the rule
of conduct between governments, instead of mere power, self-interest,
or the desire of aggrandizement. To maintain a strict neutrality in
foreign wars, to cultivate friendly relations, to reciprocate every
noble and generous act, and to perform punctually and scrupulously
every treaty obligation--these are the duties which we owe to other
states, and by the performance of which we best entitle ourselves to
like treatment from them; or, if that, in any case, be refused, we can
enforce our own rights with justice and a clear conscience.

In our domestic policy the Constitution will be my guide, and in
questions of doubt I shall look for its interpretation to the judicial
decisions of that tribunal which was established to expound it and to
the usage of the Government, sanctioned by the acquiescence of the
country. I regard all its provisions as equally binding. In all its
parts it is the will of the people expressed in the most solemn form,
and the constituted authorities are but agents to carry that will into
effect. Every power which it has granted is to be exercised for the
public good; but no pretense of utility, no honest conviction, even,
of what might be expedient, can justify the assumption of any power
not granted. The powers conferred upon the Government and their
distribution to the several departments are as clearly expressed in
that sacred instrument as the imperfection of human language will
allow, and I deem it my first duty not to question its wisdom, add to
its provisions, evade its requirements, or nullify its commands.

Upon you, fellow-citizens, as the representatives of the States and
the people, is wisely devolved the legislative power. I shall comply
with my duty in laying before you from time to time any information
calculated to enable you to discharge your high and responsible trust
for the benefit of our common constituents.

My opinions will be frankly expressed upon the leading subjects of
legislation; and if--which I do not anticipate--any act should pass
the two Houses of Congress which should appear to me unconstitutional,
or an encroachment on the just powers of other departments, or with
provisions hastily adopted and likely to produce consequences
injurious and unforeseen, I should not shrink from the duty of
returning it to you, with my reasons, for your further consideration.
Beyond the due performance of these constitutional obligations, both
my respect for the Legislature and my sense of propriety will restrain
me from any attempt to control or influence your proceedings. With you
is the power, the honor, and the responsibility of the legislation of
the country.

The Government of the United States is a limited Government. It is
confined to the exercise of powers expressly granted and such others
as may be necessary for carrying those powers into effect; and it is
at all times an especial duty to guard against any infringement on the
just rights of the States. Over the objects and subjects intrusted to
Congress its legislative authority is supreme. But here that authority
ceases, and every citizen who truly loves the Constitution and desires
the continuance of its existence and its blessings will resolutely and
firmly resist any interference in those domestic affairs which the
Constitution has clearly and unequivocally left to the exclusive
authority of the States. And every such citizen will also deprecate
useless irritation among the several members of the Union and all
reproach and crimination tending to alienate one portion of the
country from another. The beauty of our system of government consists,
and its safety and durability must consist, in avoiding mutual
collisions and encroachments and in the regular separate action of
all, while each is revolving in its own distinct orbit.

The Constitution has made it the duty of the President to take care
that the laws be faithfully executed. In a government like ours, in
which all laws are passed by a majority of the representatives of the
people, and these representatives are chosen for such short periods
that any injurious or obnoxious law can very soon be repealed, it
would appear unlikely that any great numbers should be found ready
to resist the execution of the laws. But it must be borne in mind
that the country is extensive; that there may be local interests or
prejudices rendering a law odious in one part which is not so in
another, and that the thoughtless and inconsiderate, misled by their
passions or their imaginations, may be induced madly to resist such
laws as they disapprove. Such persons should recollect that without
law there can be no real practical liberty; that when law is trampled
under foot tyranny rules, whether it appears in the form of a military
despotism or of popular violence. The law is the only sure protection
of the weak and the only efficient restraint upon the strong. When
impartially and faithfully administered, none is beneath its
protection and none above its control. You, gentlemen, and the country
may be assured that to the utmost of my ability and to the extent of
the power vested in me I shall at all times and in all places take
care that the laws be faithfully executed. In the discharge of this
duty, solemnly imposed upon me by the Constitution and by my oath of
office, I shall shrink from no responsibility, and shall endeavor to
meet events as they may arise with firmness, as well as with prudence
and discretion.

The appointing power is one of the most delicate with which the
Executive is invested. I regard it as a sacred trust, to be exercised
with the sole view of advancing the prosperity and happiness of the
people. It shall be my effort to elevate the standard of official
employment by selecting for places of importance individuals fitted
for the posts to which they are assigned by their known integrity,
talents, and virtues. In so extensive a country, with so great a
population, and where few persons appointed to office can be known to
the appointing power, mistakes will sometimes unavoidably happen and
unfortunate appointments be made notwithstanding the greatest care.
In such cases the power of removal may be properly exercised; and
neglect of duty or malfeasance in office will be no more tolerated
in individuals appointed by myself than in those appointed by others.

I am happy in being able to say that no unfavorable change in our
foreign relations has taken place since the message at the opening of
the last session of Congress. We are at peace with all nations and we
enjoy in an eminent degree the blessings of that peace in a prosperous
and growing commerce and in all the forms of amicable national
intercourse. The unexampled growth of the country, the present amount
of its population, and its ample means of self-protection assure for
it the respect of all nations, while it is trusted that its character
for justice and a regard to the rights of other States will cause that
respect to be readily and cheerfully paid.

A convention was negotiated between the United States and Great
Britain in April last for facilitating and protecting the construction
of a ship canal between the Atlantic and Pacific oceans and for other
purposes. The instrument has since been ratified by the contracting
parties, the exchange of ratifications has been effected, and
proclamation thereof has been duly made.

In addition to the stipulations contained in this convention, two
other objects remain to be accomplished between the contracting
powers:

First. The designation and establishment of a free port at each end of
the canal.

Second. An agreement fixing the distance from the shore within which
belligerent maritime operations shall not be carried on.

On these points there is little doubt that the two Governments will
come to an understanding.

The company of citizens of the United States who have acquired from
the State of Nicaragua the privilege of constructing a ship canal
between the two oceans through the territory of that State have made
progress in their preliminary arrangements. The treaty between the
United States and Great Britain of the 19th of April last, above
referred to, being now in operation, it is to be hoped that the
guaranties which it offers will be sufficient to secure the completion
of the work with all practicable expedition. It is obvious that this
result would be indefinitely postponed if any other than peaceful
measures for the purpose of harmonizing conflicting claims to
territory in that quarter should be adopted. It will consequently be
my endeavor to cause any further negotiations on the part of this
Government which may be requisite for this purpose to be so conducted
as to bring them to a speedy and successful close.

Some unavoidable delay has occurred, arising from distance and the
difficulty of intercourse between this Government and that of
Nicaragua, but as intelligence has just been received of the
appointment of an envoy extraordinary and minister plenipotentiary of
that Government to reside at Washington, whose arrival may soon be
expected, it is hoped that no further impediments will be experienced
in the prompt transaction of business between the two Governments.

Citizens of the United States have undertaken the connection of the
two oceans by means of a railroad across the Isthmus of Tehuantepec,
under grants of the Mexican Government to a citizen of that Republic.
It is understood that a thorough survey of the course of the
communication is in preparation, and there is every reason to expect
that it will be prosecuted with characteristic energy, especially when
that Government shall have consented to such stipulations with the
Government of the United States as may be necessary to impart a
feeling of security to those who may embark their property in the
enterprise. Negotiations are pending for the accomplishment of that
object, and a hope is confidently entertained that when the Government
of Mexico shall become duly sensible of the advantages which that
country can not fail to derive from the work, and learn that the
Government of the United States desires that the right of sovereignty
of Mexico in the Isthmus shall remain unimpaired, the stipulations
referred to will be agreed to with alacrity.

By the last advices from Mexico it would appear, however, that that
Government entertains strong objections to some of the stipulations
which the parties concerned in the project of the railroad deem
necessary for their protection and security. Further consideration, it
is to be hoped, or some modification of terms, may yet reconcile the
differences existing between the two Governments in this respect.

Fresh instructions have recently been given to the minister of the
United States in Mexico, who is prosecuting the subject with
promptitude and ability.

Although the negotiations with Portugal for the payment of claims of
citizens of the United States against that Government have not yet
resulted in a formal treaty, yet a proposition, made by the Government
of Portugal for the final adjustment and payment of those claims, has
recently been accepted on the part of the United States. It gives me
pleasure to say that Mr. Clay, to whom the negotiation on the part of
the United States had been intrusted, discharged the duties of his
appointment with ability and discretion, acting always within the
instructions of his Government.

It is expected that a regular convention will be immediately
negotiated for carrying the agreement between the two Governments into
effect.

The commissioner appointed under the act of Congress for carrying into
effect the convention with Brazil of the 27th of January, 1849, has
entered upon the performance of the duties imposed upon him by that
act. It is hoped that those duties may be completed within the time
which it prescribes. The documents, however, which the Imperial
Government, by the third article of the convention, stipulates to
furnish to the Government of the United States have not yet been
received. As it is presumed that those documents will be essential for
the correct disposition of the claims, it may become necessary for
Congress to extend the period limited for the duration of the
commission. The sum stipulated by the fourth article of the convention
to be paid to this Government has been received.

The collection in the ports of the United States of discriminating
duties upon the vessels of Chili and their cargoes has been suspended,
pursuant to the provisions of the act of Congress of the 24th of
May, 1828. It is to be hoped that this measure will impart a fresh
impulse to the commerce between the two countries, which of late, and
especially since our acquisition of California, has, to the mutual
advantage of the parties, been much augmented.

Peruvian guano has become so desirable an article to the agricultural
interest of the United States that it is the duty of the Government to
employ all the means properly in its power for the purpose of causing
that article to be imported into the country at a reasonable price.
Nothing will be omitted on my part toward accomplishing this desirable
end. I am persuaded that in removing any restraints on this traffic
the Peruvian Government will promote its own best interests, while it
will afford a proof of a friendly disposition toward this country,
which will be duly appreciated.

The treaty between the United States and His Majesty the King of the
Hawaiian Islands, which has recently been made public, will, it is
believed, have a beneficial effect upon the relations between the two
countries.

The relations between those parts of the island of St. Domingo which
were formerly colonies of Spain and France, respectively, are still in
an unsettled condition. The proximity of that island to the United
States and the delicate questions involved in the existing controversy
there render it desirable that it should be permanently and speedily
adjusted. The interests of humanity and of general commerce also
demand this; and as intimations of the same sentiment have been
received from other governments, it is hoped that some plan may soon
be devised to effect the object in a manner likely to give general
satisfaction. The Government of the United States will not fail, by
the exercise of all proper friendly offices, to do all in its power
to put an end to the destructive war which has raged between the
different parts of the island and to secure to them both the benefits
of peace and commerce.

I refer you to the report of the Secretary of the Treasury for a
detailed statement of the finances.

The total receipts into the Treasury for the year ending 30th of June
last were $47,421,748.90.

The total expenditures during the same period were $43,002,168.90.

The public debt has been reduced since the last annual report from the
Treasury Department $495,276.79.

By the nineteenth section of the act of 28th January, 1847, the
proceeds of the sales of the public lands were pledged for the
interest and principal of the public debt. The great amount of those
lands subsequently granted by Congress for military bounties will, it
is believed, very nearly supply the public demand for several years
to come, and but little reliance can, therefore, be placed on that
hitherto fruitful source of revenue. Aside from the permanent annual
expenditures, which have necessarily largely increased, a portion of
the public debt, amounting to $8,075,986.59, must be provided for
within the next two fiscal years. It is most desirable that these
accruing demands should be met without resorting to new loans.

All experience has demonstrated the wisdom and policy of raising a
large portion of revenue for the support of Government from duties on
goods imported. The power to lay these duties is unquestionable, and
its chief object, of course, is to replenish the Treasury. But if in
doing this an incidental advantage may be gained by encouraging the
industry of our own citizens, it is our duty to avail ourselves of
that advantage.

A duty laid upon an article which can not be produced in this country,
such as tea or coffee, adds to the cost of the article, and is chiefly
or wholly paid by the consumer. But a duty laid upon an article which
may be produced here stimulates the skill and industry of our own
country to produce the same article, which is brought into the market
in competition with the foreign article, and the importer is thus
compelled to reduce his price to that at which the domestic article
can be sold, thereby throwing a part of the duty upon the producer of
the foreign article. The continuance of this process creates the skill
and invites the capital which finally enable us to produce the article
much cheaper than it could have been procured from abroad, thereby
benefiting both the producer and the consumer at home. The consequence
of this is that the artisan and the agriculturist are brought
together, each affords a ready market for the produce of the other,
the whole country becomes prosperous, and the ability to produce every
necessary of life renders us independent in war as well as in peace.

A high tariff can never be permanent. It will cause dissatisfaction,
and will be changed. It excludes competition, and thereby invites the
investment of capital in manufactures to such excess that when changed
it brings distress, bankruptcy, and ruin upon all who have been misled
by its faithless protection. What the manufacturer wants is uniformity
and permanency, that he may feel a confidence that he is not to be
ruined by sudden changes. But to make a tariff uniform and permanent
it is not only necessary that the laws should not be altered, but that
the duty should not fluctuate. To effect this all duties should be
specific wherever the nature of the article is such as to admit of it.
_Ad valorem_ duties fluctuate with the price and offer strong
temptations to fraud and perjury. Specific duties, on the contrary,
are equal and uniform in all ports and at all times, and offer a
strong inducement to the importer to bring the best article, as he
pays no more duty upon that than upon one of inferior quality. I
therefore strongly recommend a modification of the present tariff,
which has prostrated some of our most important and necessary
manufactures, and that specific duties be imposed sufficient to raise
the requisite revenue, making such discriminations in favor of the
industrial pursuits of our own country as to encourage home production
without excluding foreign competition. It is also important that an
unfortunate provision in the present tariff, which imposes a much
higher duty upon the raw material that enters into our manufactures
than upon the manufactured article, should be remedied.

The papers accompanying the report of the Secretary of the Treasury
will disclose frauds attempted upon the revenue, in variety and amount
so great as to justify the conclusion that it is impossible under
any system of _ad valorem_ duties levied upon the foreign cost or
value of the article to secure an honest observance and an effectual
administration of the laws. The fraudulent devices to evade the law
which have been detected by the vigilance of the appraisers leave no
room to doubt that similar impositions not discovered, to a large
amount, have been successfully practiced since the enactment of the
law now in force. This state of things has already had a prejudicial
influence upon those engaged in foreign commerce. It has a tendency to
drive the honest trader from the business of importing and to throw
that important branch of employment into the hands of unscrupulous and
dishonest men, who are alike regardless of law and the obligations of
an oath. By these means the plain intentions of Congress, as expressed
in the law, are daily defeated. Every motive of policy and duty,
therefore, impels me to ask the earnest attention of Congress to this
subject. If Congress should deem it unwise to attempt any important
changes in the system of levying duties at this session, it will
become indispensable to the protection of the revenue that such
remedies as in the judgment of Congress may mitigate the evils
complained of should be at once applied.

As before stated, specific duties would, in my opinion, afford the
most perfect remedy for this evil; but if you should not concur in
this view, then, as a partial remedy, I beg leave respectfully to
recommend that instead of taking the invoice of the article abroad
as a means of determining its value here, the correctness of which
invoice it is in many cases impossible to verify, the law be so
changed as to require a home valuation or appraisal, to be regulated
in such manner as to give, as far as practicable, uniformity in the
several ports.

There being no mint in California, I am informed that the laborers
in the mines are compelled to dispose of their gold dust at a large
discount. This appears to me to be a heavy and unjust tax upon the
labor of those employed in extracting this precious metal, and I doubt
not you will be disposed at the earliest period possible to relieve
them from it by the establishment of a mint. In the meantime, as an
assayer's office is established there, I would respectfully submit for
your consideration the propriety of authorizing gold bullion which has
been assayed and stamped to be received in payment of Government dues.
I can not conceive that the Treasury would suffer any loss by such
a provision, which will at once raise bullion to its par value, and
thereby save (if I am rightly informed) many millions of dollars to
the laborers which are now paid in brokerage to convert this precious
metal into available funds. This discount upon their hard earnings is
a heavy tax, and every effort should be made by the Government to
relieve them from so great a burden.

More than three-fourths of our population are engaged in the
cultivation of the soil. The commercial, manufacturing, and navigating
interests are all to a great extent dependent on the agricultural.
It is therefore the most important interest of the nation, and has
a just claim to the fostering care and protection of the Government
so far as they can be extended consistently with the provisions of
the Constitution. As this can not be done by the ordinary modes of
legislation, I respectfully recommend the establishment of an
agricultural bureau, to be charged with the duty of giving to this
leading branch of American industry the encouragement which it so well
deserves. In view of the immense mineral resources of our country,
provision should also be made for the employment of a competent
mineralogist and chemist, who should be required, under the direction
of the head of the bureau, to collect specimens of the various
minerals of our country and to ascertain by careful analysis their
respective elements and properties and their adaptation to useful
purposes. He should also be required to examine and report upon the
qualities of different soils and the manures best calculated to
improve their productiveness. By publishing the results of such
experiments, with suitable explanations, and by the collection and
distribution of rare seeds and plants, with instructions as to the
best system of cultivation, much may be done to promote this great
national interest.

In compliance with the act of Congress passed on the 23d of May,
1850, providing, among other things, for taking the Seventh Census,
a superintendent was appointed and all other measures adopted which
were deemed necessary to insure the prompt and faithful performance
of that duty. The appropriation already made will, it is believed,
be sufficient to defray the whole expense of the work, but further
legislation may be necessary in regard to the compensation of some
of the marshals of the Territories. It will also be proper to make
provision by law at an early day for the publication of such abstracts
of the returns as the public interests may require.

The unprecedented growth of our territories on the Pacific in wealth
and population and the consequent increase of their social and
commercial relations with the Atlantic States seem to render it the
duty of the Government to use all its constitutional power to improve
the means of intercourse with them. The importance of opening "a line
of communication, the best and most expeditious of which the nature of
the country will admit," between the Valley of the Mississippi and the
Pacific was brought to your notice by my predecessor in his annual
message; and as the reasons which he presented in favor of the measure
still exist in full force, I beg leave to call your attention to them
and to repeat the recommendations then made by him.

The uncertainty which exists in regard to the validity of land titles
in California is a subject which demands your early consideration.
Large bodies of land in that State are claimed under grants said to
have been made by authority of the Spanish and Mexican Governments.
Many of these have not been perfected, others have been revoked, and
some are believed to be fraudulent. But until they shall have been
judicially investigated they will continue to retard the settlement
and improvement of the country. I therefore respectfully recommend
that provision be made by law for the appointment of commissioners to
examine all such claims with a view to their final adjustment.

I also beg leave to call your attention to the propriety of extending
at an early day our system of land laws, with such modifications as
may be necessary, over the State of California and the Territories of
Utah and New Mexico. The mineral lands of California will, of course,
form an exception to any general system which may be adopted. Various
methods of disposing of them have been suggested. I was at first
inclined to favor the system of leasing, as it seemed to promise the
largest revenue to the Government and to afford the best security
against monopolies; but further reflection and our experience in
leasing the lead mines and selling lands upon credit have brought
my mind to the conclusion that there would be great difficulty in
collecting the rents, and that the relation of debtor and creditor
between the citizens and the Government would be attended with many
mischievous consequences. I therefore recommend that instead of
retaining the mineral lands under the permanent control of the
Government they be divided into small parcels and sold, under such
restrictions as to quantity and time as will insure the best price and
guard most effectually against combinations of capitalists to obtain
monopolies.

The annexation of Texas and the acquisition of California and New
Mexico have given increased importance to our Indian relations. The
various tribes brought under our jurisdiction by these enlargements of
our boundaries are estimated to embrace a population of 124,000.

Texas and New Mexico are surrounded by powerful tribes of Indians,
who are a source of constant terror and annoyance to the inhabitants.
Separating into small predatory bands, and always mounted, they
overrun the country, devastating farms, destroying crops, driving off
whole herds of cattle, and occasionally murdering the inhabitants or
carrying them into captivity. The great roads leading into the country
are infested with them, whereby traveling is rendered extremely
dangerous and immigration is almost entirely arrested. The Mexican
frontier, which by the eleventh article of the treaty of Guadalupe
Hidalgo we are bound to protect against the Indians within our border,
is exposed to these incursions equally with our own. The military
force stationed in that country, although forming a large proportion
of the Army, is represented as entirely inadequate to our own
protection and the fulfillment of our treaty stipulations with Mexico.
The principal deficiency is in cavalry, and I recommend that Congress
should, at as early a period as practicable, provide for the raising
of one or more regiments of mounted men.

For further suggestions on this subject and others connected with our
domestic interests and the defense of our frontier, I refer you to the
reports of the Secretary of the Interior and of the Secretary of War.

I commend also to your favorable consideration the suggestion
contained in the last-mentioned report and in the letter of the
General in Chief relative to the establishment of an asylum for the
relief of disabled and destitute soldiers. This subject appeals so
strongly to your sympathies that it would be superfluous in me to say
anything more than barely to express my cordial approbation of the
proposed object.

The Navy continues to give protection to our commerce and other
national interests in the different quarters of the globe, and, with
the exception of a single steamer on the Northern lakes, the vessels
in commission are distributed in six different squadrons.

The report of the head of that Department will exhibit the services of
these squadrons and of the several vessels employed in each during the
past year. It is a source of gratification that, while they have been
constantly prepared for any hostile emergency, they have everywhere
met with the respect and courtesy due as well to the dignity as to the
peaceful dispositions and just purposes of the nation.

The two brigantines accepted by the Government from a generous citizen
of New York and placed under the command of an officer of the Navy to
proceed to the Arctic Seas in quest of the British commander Sir John
Franklin and his companions, in compliance with the act of Congress
approved in May last, had when last heard from penetrated into a high
northern latitude; but the success of this noble and humane enterprise
is yet uncertain.

I invite your attention to the view of our present naval establishment
and resources presented in the report of the Secretary of the Navy,
and the suggestions therein made for its improvement, together with
the naval policy recommended for the security of our Pacific Coast and
the protection and extension of our commerce with eastern Asia. Our
facilities for a larger participation in the trade of the East, by
means of our recent settlements on the shores of the Pacific, are too
obvious to be overlooked or disregarded.

The questions in relation to rank in the Army and Navy and relative
rank between officers of the two branches of the service, presented to
the Executive by certain resolutions of the House of Representatives
at the last session of Congress, have been submitted to a board of
officers in each branch of the service, and their report may be
expected at an early day.

I also earnestly recommend the enactment of a law authorizing officers
of the Army and Navy to be retired from the service when incompetent
for its vigorous and active duties, taking care to make suitable
provision for those who have faithfully served their country and
awarding distinctions by retaining in appropriate commands those who
have been particularly conspicuous for gallantry and good conduct.
While the obligation of the country to maintain and honor those who,
to the exclusion of other pursuits, have devoted themselves to its
arduous service is acknowledged, this obligation should not be
permitted to interfere with the efficiency of the service itself.

I am gratified in being able to state that the estimates of
expenditure for the Navy in the ensuing year are less by more than
$1,000,000 than those of the present, excepting the appropriation
which may become necessary for the construction of a dock on the coast
of the Pacific, propositions for which are now being considered and on
which a special report may be expected early in your present session.

There is an evident justness in the suggestion of the same report that
appropriations for the naval service proper should be separated from
those for fixed and permanent objects, such as building docks and
navy-yards and the fixtures attached, and from the extraordinary
objects under the care of the Department which, however important,
are not essentially naval.

A revision of the code for the government of the Navy seems to require
the immediate consideration of Congress. Its system of crimes and
punishments had undergone no change for half a century until the last
session, though its defects have been often and ably pointed out;
and the abolition of a particular species of corporal punishment,
which then took place, without providing any substitute, has left the
service in a state of defectiveness which calls for prompt correction.
I therefore recommend that the whole subject be revised without delay
and such a system established for the enforcement of discipline as
shall be at once humane and effectual.

The accompanying report of the Postmaster-General presents a
satisfactory view of the operations and condition of that Department.

At the close of the last fiscal year the length of the inland mail
routes in the United States (not embracing the service in Oregon and
California) was 178,672 miles, the annual transportation thereon
46,541,423 miles, and the annual cost of such transportation $2,724,426.

The increase of the annual transportation over that of the preceding
year was 3,997,354 miles and the increase in cost was $342,440.

The number of post-offices in the United States on the 1st day of July
last was 18,417, being an increase of I,670 during the preceding year.

The gross revenues of the Department for the fiscal year ending June 30,
1850, amounted to $5,552,971.48, including the annual appropriation of
$200,000 for the franked matter of the Departments and excluding the
foreign postages collected for and payable to the British Government.

The expenditures for the same period were $5,212,953.43, leaving a
balance of revenue over expenditures of $340,018.05.

I am happy to find that the fiscal condition of the Department is such
as to justify the Postmaster-General in recommending the reduction of
our inland letter postage to 3 cents the single letter when prepaid and
5 cents when not prepaid. He also recommends that the prepaid rate shall
be reduced to 2 cents whenever the revenues of the Department, after the
reduction, shall exceed its expenditures by more than 5 per cent for two
consecutive years; that the postage upon California and other letters
sent by our ocean steamers shall be much reduced, and that the rates of
postage on newspapers, pamphlets, periodicals, and other printed matter
shall be modified and some reduction thereon made.

It can not be doubted that the proposed reductions will for the present
diminish the revenues of the Department. It is believed that the
deficiency, after the surplus already accumulated shall be exhausted,
may be almost wholly met either by abolishing the existing privileges of
sending free matter through the mails or by paying out of the Treasury
to the Post-Office Department a sum equivalent to the postage of which
it is deprived by such privileges. The last is supposed to be the
preferable mode, and will, if not entirely, so nearly supply that
deficiency as to make any further appropriation that may be found
necessary so inconsiderable as to form no obstacle to the proposed
reductions.

I entertain no doubt of the authority of Congress to make appropriations
for leading objects in that class of public works comprising what are
usually called works of internal improvement. This authority I suppose
to be derived chiefly from the power of regulating commerce with foreign
nations and among the States and the power of laying and collecting
imposts. Where commerce is to be carried on and imposts collected there
must be ports and harbors as well as wharves and custom-houses. If ships
laden with valuable cargoes approach the shore or sail along the coast,
light-houses are necessary at suitable points for the protection of
life and property. Other facilities and securities for commerce and
navigation are hardly less important; and those clauses of the
Constitution, therefore, to which I have referred have received from the
origin of the Government a liberal and beneficial construction. Not only
have light-houses, buoys, and beacons been established and floating
lights maintained, but harbors have been cleared and improved, piers
constructed, and even breakwaters for the safety of shipping and sea
walls to protect harbors from being filled up and rendered useless by
the action of the ocean, have been erected at very great expense. And
this construction of the Constitution appears the more reasonable from
the consideration that if these works, of such evident importance
and utility, are not to be accomplished by Congress they can not be
accomplished at all. By the adoption of the Constitution the several
States voluntarily parted with the power of collecting duties of imposts
in their own ports, and it is not to be expected that they should raise
money by internal taxation, direct or indirect, for the benefit of that
commerce the revenues derived from which do not, either in whole or in
part, go into their own treasuries. Nor do I perceive any difference
between the power of Congress to make appropriations for objects of this
kind on the ocean and the power to make appropriations for similar
objects on lakes and rivers, wherever they are large enough to bear on
their waters an extensive traffic. The magnificent Mississippi and its
tributaries and the vast lakes of the North and Northwest appear to me
to fall within the exercise of the power as justly and as clearly as the
ocean and the Gulf of Mexico. It is a mistake to regard expenditures
judiciously made for these objects as expenditures for local purposes.
The position or sight of the work is necessarily local, but its utility
is general. A ship canal around the Falls of St. Mary of less than a
mile in length, though local in its construction, would yet be national
in its purpose and its benefits, as it would remove the only obstruction
to a navigation of more than 1,000 miles, affecting several States, as
well as our commercial relations with Canada. So, too, the breakwater at
the mouth of the Delaware is erected, not for the exclusive benefit of
the States bordering on the bay and river of that name, but for that
of the whole coastwise navigation of the United States and, to a
considerable extent, also of foreign commerce. If a ship be lost on the
bar at the entrance of a Southern port for want of sufficient depth of
water, it is very likely to be a Northern ship; and if a steamboat be
sunk in any part of the Mississippi on account of its channel not having
been properly cleared of obstructions, it may be a boat belonging to
either of eight or ten States. I may add, as somewhat remarkable, that
among all the thirty-one States there is none that is not to a greater
or less extent bounded on the ocean, or the Gulf of Mexico, or one of
the Great Lakes, or some navigable river.

In fulfilling our constitutional duties, fellow-citizens, on this
subject, as in carrying into effect all other powers conferred by the
Constitution, we should consider ourselves as deliberating and acting
for one and the same country, and bear constantly in mind that our
regard and our duty are due not to a particular part only, but to the
whole.

I therefore recommend that appropriations be made for completing such
works as have been already begun and for commencing such others as may
seem to the wisdom of Congress to be of public and general importance.

The difficulties and delays incident to the settlement of private claims
by Congress amount in many cases to a denial of justice. There is reason
to apprehend that many unfortunate creditors of the Government have
thereby been unavoidably ruined. Congress has so much business of a
public character that it is impossible it should give much attention to
mere private claims, and their accumulation is now so great that many
claimants must despair of ever being able to obtain a hearing. It may
well be doubted whether Congress, from the nature of its organization,
is properly constituted to decide upon such cases. It is impossible that
each member should examine the merits of every claim on which he is
compelled to vote, and it is preposterous to ask a judge to decide a
case which he has never heard. Such decisions may, and frequently must,
do injustice either to the claimant or the Government, and I perceive
no better remedy for this growing evil than the establishment of some
tribunal to adjudicate upon such claims. I beg leave, therefore,
most respectfully to recommend that provision be made by law for the
appointment of a commission to settle all private claims against the
United States; and as an _ex parte_ hearing must in all contested
cases be very unsatisfactory, I also recommend the appointment of a
solicitor, whose duty it shall be to represent the Government before
such commission and protect it against all illegal, fraudulent, or
unjust claims which may be presented for their adjudication.

This District, which has neither voice nor vote in your deliberations,
looks to you for protection and aid, and I commend all its wants to your
favorable consideration, with a full confidence that you will meet them
not only with justice, but with liberality. It should be borne in mind
that in this city, laid out by Washington and consecrated by his name,
is located the Capitol of our nation, the emblem of our Union and the
symbol of our greatness. Here also are situated all the public buildings
necessary for the use of the Government, and all these are exempt from
taxation. It should be the pride of Americans to render this place
attractive to the people of the whole Republic and convenient and safe
for the transaction of the public business and the preservation of
the public records. The Government should therefore bear a liberal
proportion of the burdens of all necessary and useful improvements. And
as nothing could contribute more to the health, comfort, and safety of
the city and the security of the public buildings and records than an
abundant supply of pure water, I respectfully recommend that you make
such provisions for obtaining the same as in your wisdom you may deem
proper.

The act, passed at your last session, making certain propositions to
Texas for settling the disputed boundary between that State and the
Territory of New Mexico was, immediately on its passage, transmitted by
express to the governor of Texas, to be laid by him before the general
assembly for its agreement thereto. Its receipt was duly acknowledged,
but no official information has yet been received of the action of the
general assembly thereon. It may, however, be very soon expected, as,
by the terms of the propositions submitted they were to have been acted
upon on or before the first day of the present month.

It was hardly to have been expected that the series of measures passed
at your last session with the view of healing the sectional differences
which had sprung from the slavery and territorial questions should at
once have realized their beneficent purpose. All mutual concession in
the nature of a compromise must necessarily be unwelcome to men of
extreme opinions. And though without such concessions our Constitution
could not have been formed, and can not be permanently sustained, yet we
have seen them made the subject of bitter controversy in both sections
of the Republic, It required many months of discussion and deliberation
to secure the concurrence of a majority of Congress in their favor. It
would be strange if they had been received with immediate approbation by
people and States prejudiced and heated by the exciting controversies of
their representatives. I believe those measures to have been required
by the circumstances and condition of the country. I believe they
were necessary to allay asperities and animosities that were rapidly
alienating one section of the country from another and destroying
those fraternal sentiments which are the strongest supports of the
Constitution. They were adopted in the spirit of conciliation and for
the purpose of conciliation. I believe that a great majority of our
fellow-citizens sympathize in that spirit and that purpose, and in
the main approve and are prepared in all respects to sustain these
enactments. I can not doubt that the American people, bound together by
kindred blood and common traditions, still cherish a paramount regard
for the Union of their fathers, and that they are ready to rebuke any
attempt to violate its integrity, to disturb the compromises on which
it is based, or to resist the laws which have been enacted under its
authority.

The series of measures to which I have alluded are regarded by me as
a settlement in principle and substance--a final settlement of the
dangerous and exciting subjects which they embraced. Most of these
subjects, indeed, are beyond your reach, as the legislation which
disposed of them was in its character final and irrevocable. It may
be presumed from the opposition which they all encountered that none
of those measures was free from imperfections, but in their mutual
dependence and connection they formed a system of compromise the most
conciliatory and best for the entire country that could be obtained
from conflicting sectional interests and opinions.

For this reason I recommend your adherence to the adjustment established
by those measures until time and experience shall demonstrate the
necessity of further legislation to guard against evasion or abuse.

By that adjustment we have been rescued from the wide and boundless
agitation that surrounded us, and have a firm, distinct, and legal
ground to rest upon. And the occasion, I trust, will justify me in
exhorting my countrymen to rally upon and maintain that ground as the
best, if not the only, means of restoring peace and quiet to the country
and maintaining inviolate the integrity of the Union.

And now, fellow-citizens, I can not bring this communication to a close
without invoking you to join me in humble and devout thanks to the Great
Ruler of Nations for the multiplied blessings which He has graciously
bestowed upon us. His hand, so often visible in our preservation, has
stayed the pestilence, saved us from foreign wars and domestic
disturbances, and scattered plenty throughout the land.

Our liberties, religious and civil, have been maintained, the fountains
of knowledge have all been kept open, and means of happiness widely
spread and generally enjoyed greater than have fallen to the lot of any
other nation. And while deeply penetrated with gratitude for the past,
let us hope that His all-wise providence will so guide our counsels as
that they shall result in giving satisfaction to our constituents,
securing the peace of the country, and adding new strength to the united
Government under which we live.

MILLARD FILLMORE.




SPECIAL MESSAGES.


WASHINGTON, _December 9, 1850_.

_To the House of Representatives_:

I communicate to the House of Representatives a translation of a note
of the 5th instant addressed to the Secretary of State by the minister
of the Mexican Republic accredited to this Government, relative to a
subject[2] to which the attention of Congress was invited in my message
at the opening of the present session.

MILLARD FILLMORE.

[The same message was sent to the Senate.]

[Footnote 2: Incursions of Indians of the United States upon the
population of the Mexican frontier.]



WASHINGTON, _December 12, 1850_.

_To the Senate of the United States_:

I herewith transmit a report of the Secretary of State, with accompanying
documents, relating to the African slave trade, in answer to the
resolution of the Senate of the 28th of August last.

MILLARD FILLMORE



WASHINGTON, _December 13, 1850_.

_To the Senate and House of Representatives_:


I have the pleasure of announcing to Congress the agreement on the part
of Texas to the propositions offered to that State by the act of
Congress approved on the 9th day of September last, entitled "An act
proposing to the State of Texas the establishment of her northern
and western boundaries, the relinquishment by the said State of all
territory claimed by her exterior to said boundaries and of all her
claims upon the United States, and to establish a Territorial government
for New Mexico."

By the terms of that act it was required that the agreement of Texas to
the propositions contained in it should be given on or before the 1st
day of December, 1850. An authenticated transcript of a law passed by
the legislature of Texas on the 25th day of November, agreeing to and
accepting the propositions contained in the act of Congress, has been
received. This law, after reciting the provisions of the act of Congress,
proceeds to enact and declare as follows, viz:

  Therefore, first. _Be it enacted by the legislature of the State of
  Texas_, That the State of Texas hereby agrees to and accepts said
  propositions; and it is hereby declared that the said State shall be
  bound by the terms thereof according to their true import and meaning.

  Second. That the governor of this State be, and is hereby, requested to
  cause a copy of this act, authenticated under the seal of the State, to
  be furnished to the President of the United States by mail as early as
  practicable, and also a copy thereof, certified in like manner, to be
  transmitted to each of the Senators and Representatives of Texas in
  Congress. And that this act take effect from and after its passage.

  C. G. KEENAN,
  _Speaker of the House of Representatives_.

  JOHN A. GREER,
  _President of the Senate_.

Approved, November 25, 1850.

P.H. BELL.


From the common sources of public information it would appear that
a very remarkable degree of unanimity prevailed, not only in the
legislature, but among the people of Texas, in respect to the agreement
of the State to that which had been proposed by Congress.

I can not refrain from congratulating Congress and the country on the
success of this great and leading measure of conciliation and peace. The
difficulties felt and the dangers apprehended from the vast acquisitions
of territory under the late treaty with Mexico seem now happily overcome
by the wisdom of Congress. Within that territory there already exists
one State, respectable for the amount of her population, distinguished
for singular activity and enterprise, and remarkable in many respects
from her condition and history. This new State has come into the Union
with manifestations not to be mistaken of her attachment to that
Constitution and that Government which now embrace her and her interests
within their protecting and beneficent control.

Over the residue of the acquired territories regular Territorial
governments are now established in the manner which has been most usual
in the history of this Government. Various other acts of Congress may
undoubtedly be requisite for the benefit as well as for the proper
government of these so distant parts of the country. But the same
legislative wisdom which has triumphed over the principal difficulties
and accomplished the main end may safely be relied on for whatever
measures may yet be found necessary to perfect its work, so that the
acquisition of these vast regions to the United States may rather
strengthen than weaken the Constitution, which is over us all, and the
Union, which affords such ample daily proofs of its inestimable value.

MILLARD FILLMORE.



WASHINGTON, _December 17, 1850_.

_To the Senate of the United States_:

I herewith transmit a letter from the Secretary of War, communicating a
report of a board of officers to which, in pursuance of a resolution of
the Senate passed on the 30th of September last, were submitted the
questions proposed therein, relative to the expediency and necessity of
creating additional grades of commissioned officers in the Army and of
enacting provisions authorizing officers of the Army to exercise civil
functions in emergencies to be enumerated and restraining them from
usurping the powers of civil functionaries.

MILLARD FILLMORE.



WASHINGTON, _December 30, 1850_.

_To the Senate of the United States_:

I herewith transmit to the Senate, in reply to their resolution of the
26th instant, a report from the Secretary of State, with accompanying
papers.[3]

MILLARD FILLMORE.

[Footnote 3: Correspondence with the Austrian chargé d'affaires
respecting the appointment or proceedings of the agent sent to examine
and report upon the condition and prospects of the Hungarian people
during their struggle for independence.]



WASHINGTON, _January 3, 1851_.

_To the House of Representatives_:

By a resolution passed by the House of Representatives on the 24th day
of July, 1850, the President was requested to cause to be prepared and
communicated to the House certain opinions of the Attorneys-General
therein specified. On inquiry I learned that the force employed in the
Attorney-General's Office was not sufficient to perform this work;
consequently, I employed Benjamin F. Hall, esq., a counselor at law,
on the 9th day of September last, to execute it, and requested him to
commence it immediately. I informed him that I was not authorized to
give any other assurances as to compensation than that it rested with
Congress to provide and fix it. I believe Mr. Hall to be in all respects
competent and well fitted for the task which he has undertaken, and
diligent in the performance of it; and it appears to me that the most
just mode of compensation will be to make a per diem allowance of $8 per
day for the time actually employed, to be paid on the certificate of the
Attorney-General.

I also transmit herewith a portion of the manuscript prepared in
pursuance of said resolution, with a letter from Mr. Hall to me
indicating the mode in which he thinks the work should be prepared and
printed, which appears to me worthy of consideration and adoption by the
House.

MILLARD FILLMORE.



WASHINGTON, _January 10, 1851_.

_To the Senate of the United States_:

I have the honor herewith to transmit to the Senate a communication from
the Secretary of the Navy on the subject of the discipline of the Navy,
suggesting such amendments of the law as may be necessary in consequence
of the recent act abolishing flogging; to which I respectfully invite
the immediate attention of Congress.

MILLARD FILLMORE.



WASHINGTON, _January 14, 1851_.

_To the House of Representatives of the United States_:

In compliance with the resolution of the House of Representatives
adopted July 18, 1850, requesting the President to communicate his views
on sundry questions of rank, precedence, and command among officers of
the Army and officers of the Navy, respectively, and of relative rank
between officers of the Army and Navy when brought into cooperation, I
caused to be convened a board of intelligent and experienced officers in
each branch of the service to consider the matters involved in said
resolutions and to report their opinion for my advice and information.

Their reports have been made, and I have the honor herewith to submit
copies of them, together with bills drafted substantially in accordance
therewith, on the subject of rank in each branch of the service.

The subject is one of great interest, and it is highly important that it
should be settled by legislative authority and with as little delay as
possible consistently with its proper examination.

The points on which it will be perceived that the two boards disagree in
regard to relative rank between officers of the Army and Navy are not
esteemed of very great practical importance, and the adoption of the
rule proposed by either would be acceptable to the Executive.

But even if a decision on these shall be suspended, it is hoped that the
bills which are designed to regulate rank, precedence, and command in
the Army and Navy as separate branches of service may receive the
sanction of Congress, with such amendments as may be deemed appropriate,
in the course of the present session.

MILLARD FILLMORE.



WASHINGTON, _February 3, 1851_.

_To the Senate of the United States_:

I transmit to the Senate a report from the Secretary of State, with
accompanying papers,[4] in answer to their resolution of the 30th
ultimo.

MILLARD FILLMORE.

[Footnote 4: Correspondence relative to the possessory rights of the
British Hudsons Bay Company in Oregon.]



WASHINGTON, _February 12, 1851_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State, with accompanying
documents,[5] in answer to the Senate's resolution of the 1st
instant.

MILLARD FILLMORE.

[Footnote 5: Correspondence with Spain relative to the claim of the
owners of the schooner _Amistad_ for compensation on account of the
liberation of negroes on board said vessel.]



WASHINGTON, _February 13, 1851_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its consideration, a general
convention between the United States and the Swiss Confederation,
concluded and signed at Berne on the 25th day of November last by Mr. A.
Dudley Mann on the part of the United States and by Messrs. Druey and
Frey-Hérosée on the part of the Swiss Confederation. I communicate at
the same time a copy of the instructions under which Mr. Mann acted and
his dispatch of the 30th November last, explanatory of the articles of
the convention.

In submitting this convention to the consideration of the Senate I
feel it my duty to invite its special attention to the first and
fifth articles. These articles appear to contain provisions quite
objectionable, if, indeed, they can be considered as properly embraced
in the treaty-making power.

The second clause of the first article is in these words:

  In the United States of America citizens of Switzerland shall be
  received and treated in each State upon the same footing and upon the
  same conditions as citizens of the United States born in or belonging to
  other States of the Union.


It is well known that according to the Constitution of the United States
a citizen of one State may hold lands in any other State; and States
have, sometimes by general, sometimes by special, laws, removed the
disabilities attaching to foreigners not naturalized in regard to the
holding of land. But this is not supposed to be a power properly to be
exercised by the President and Senate in concluding and ratifying a
treaty with a foreign state. The authority naturally belongs to the
State within whose limits the land may lie. The naturalization of
foreigners is provided for by the laws of the United States, in
pursuance of the provision of the Constitution; but when, under the
operation of these laws, foreigners become citizens of the United
States, all would seem to be done which it is in the power of this
Government to do to enable foreigners to hold land. The clause referred
to, therefore, appears to me inadmissible.

The fourth clause of the same article provides, among other things, that
citizens of Switzerland may, within the United States, acquire, possess,
and alienate personal and real estate, and the fifth article grants them
the power of disposing of their real estate, which, perhaps, would be no
otherwise objectionable, if it stood by itself, than as it would seem to
imply a power to hold that of which they are permitted to dispose.

These objections, perhaps, may be removed by striking out the second
clause of the first article and the words "and real" in the fourth
clause. An amendment similar to the last here suggested was made by the
Senate in the convention between the United States and the King of
Bavaria, the ratification of which, as amended, the Senate advised and
consented to on the 15th day of March, 1845.

But there is another and a decisive objection, arising from the last
clause in the first article. That clause is in these words:

  On account of the tenor of the federal constitution of Switzerland,
  Christians alone are entitled to the enjoyment of the privileges
  guaranteed by the present article in the Swiss Cantons. But said
  Cantons are not prohibited from extending the same privileges to
  citizens of the United States of other religious persuasions.


It appears from this that Christians alone are, in some of the Swiss
Cantons, entitled to the enjoyment of privileges guaranteed by the first
article, although the Cantons themselves are not prohibited from
extending the same privileges to citizens of the United States of other
religious persuasions.

It is quite certain that neither by law, nor by treaty, nor by any other
official proceeding is it competent for the Government of the United
States to establish any distinction between its citizens founded on
differences in religious beliefs. Any benefit or privilege conferred by
law or treaty on one must be common to all, and we are not at liberty,
on a question of such vital interest and plain constitutional duty,
to consider whether the particular case is one in which substantial
inconvenience or injustice might ensue. It is enough that an inequality
would be sanctioned hostile to the institutions of the United States and
inconsistent with the Constitution and the laws.

Nor can the Government of the United States rely on the individual
Cantons of Switzerland for extending the same privileges to other
citizens of the United States as this article extends to Christians. It
is indispensable not only that every privilege granted to any of the
citizens of the United States should be granted to all, but also that
the grant of such privilege should stand upon the same stipulation and
assurance by the whole Swiss Confederation as those of other articles of
the convention.

There have been instances, especially some of recent occurrence,
in which the Executive has transmitted treaties to the Senate with
suggestions of amendment, and I have therefore thought it not improper
to send the present convention to the Senate, inviting its attention
to such amendments as appeared to me to be important, although I have
entertained considerable doubt whether it would not be better to send
back the convention for correction in the objectionable particulars
before laying it before the Senate for ratification.

MILLARD FILLMORE.



WASHINGTON, _February 13, 1851_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 10th instant, calling
for information relative to a contract alleged to have been made by Mr.
I.D. Marks with the Mexican Government, I transmit a report from the
Secretary of State and the documents[6] which accompanied it.

MILLARD FILLMORE.

[Footnote 6: Relating to drafts upon the Treasury of the United States
by Mexico on account of indemnity due that Government in pursuance of
the treaty of Guadalupe Hidalgo.]



WASHINGTON, _February 13, 1851_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 28th of January,
1851, I have the honor to transmit herewith reports from the Secretary
of State and Secretary of the Treasury, giving the required
correspondence in the case of the British ship _Albion_, seized in
Oregon for an alleged violation of the revenue laws.

MILLARD FILLMORE.



WASHINGTON, _February 15, 1851_.

_To the Senate of the United States_:

In addition to the information heretofore communicated, I now transmit
to the Senate a report from the Secretary of State, with accompanying
papers,[7] in answer to their resolution of the 28th ultimo.

MILLARD FILLMORE.

[Footnote 7: Additional correspondence relative to the seizure of the
British ship _Albion_.]



WASHINGTON, _February 15, 1851_.

_To the Senate of the United States_:

I herewith transmit to the Senate a report[8] from the Secretary of
State, in answer to their resolution of the 10th instant.

MILLARD FILLMORE.

[Footnote 8: Relating to taxation by New Granada on United States
citizens when _in transitu_ across the Isthmus of Panama, and to
the United States mail service at said Isthmus.]



WASHINGTON, _February 18, 1851_.

The PRESIDENT OF THE SENATE:

In addition to the papers already transmitted to the Senate in
compliance with its resolution of the 28th ultimo, I have the honor
herewith to transmit an additional report[9] from the Secretary of the
Treasury.

MILLARD FILLMORE.

[Footnote 9: Relating to the seizure of the British ship _Albion_.]



EXECUTIVE DEPARTMENT, _February 19, 1851_.

_To the Senate of the United States_:

I have received the resolution of the Senate of the 18th instant,
requesting me to lay before that body, if not incompatible with the
public interest, any information I may possess in regard to an alleged
recent case of a forcible resistance to the execution of the laws of the
United States in the city of Boston, and to communicate to the Senate,
under the above conditions, what means I have adopted to meet the
occurrence, and whether in my opinion any additional legislation is
necessary to meet the exigency of the case and to more vigorously
execute existing laws.

The public newspapers contain an affidavit of Patrick Riley, a
deputy marshal for the district of Massachusetts, setting forth the
circumstances of the case, a copy of which affidavit is herewith
communicated. Private and unofficial communications concur in
establishing the main facts of this account, but no satisfactory
official information has as yet been received; and in some important
respects the accuracy of the account has been denied by persons whom it
implicates. Nothing could be more unexpected than that such a gross
violation of law, such a high-handed contempt of the authority of the
United States, should be perpetrated by a band of lawless confederates
at noonday in the city of Boston, and in the very temple of justice. I
regard this flagitious proceeding as being a surprise not unattended by
some degree of negligence; nor do I doubt that if any such act of
violence had been apprehended thousands of the good citizens of Boston
would have presented themselves voluntarily and promptly to prevent it.
But the danger does not seem to have been timely made known or duly
appreciated by those who were concerned in the execution of the process.
In a community distinguished for its love of order and respect for the
laws, among a people whose sentiment is liberty and law, and not liberty
without law nor above the law, such an outrage could only be the result
of sudden violence, unhappily too much unprepared for to be successfully
resisted. It would be melancholy indeed if we were obliged to regard
this outbreak against the constitutional and legal authority of the
Government as proceeding from the general feeling of the people in a
spot which is proverbially called "the Cradle of American Liberty."
Such, undoubtedly, is not the fact. It violates without question the
general sentiment of the people of Boston and of a vast majority of the
whole people of Massachusetts, as much as it violates the law, defies
the authority of the Government, and disgraces those concerned in it,
their aiders and abettors.

It is, nevertheless, my duty to lay before the Senate, in answer to its
resolution, some important facts and considerations connected with the
subject.

A resolution of Congress of September 23, 1789, declared:

  That it be recommended to the legislatures of the several States to
  pass laws making it expressly the duty of the keepers of their jails
  to receive and safe keep therein all prisoners committed under the
  authority of the United States until they shall be discharged by the
  course of the laws thereof, under the like penalties as in the case of
  prisoners committed under the authority of such States respectively;
  the United States to pay for the use and keeping of such jails at the
  rate of 50 cents per month for each prisoner that shall, under their
  authority, be committed thereto during the time such prisoner shall be
  therein confined, and also to support such of said prisoners as shall
  be committed for offenses.


A further resolution of Congress, of the 3d of March, 1791, provides
that--

  Whereas Congress did, by a resolution of the 23d day of September, 1789,
  recommend to the several States to pass laws making it expressly the
  duty of the keepers of their jails to receive and safe keep therein all
  prisoners committed under the authority of the United States: In order,
  therefore, to insure the administration of justice--

  _Resolved by the Senate and House of Representatives of the United
  States of America in Congress assembled_, That in case any State shall
  not have complied with the said recommendation the marshal in such
  State, under the direction of the judge of the district, be authorized
  to hire a convenient place to serve as a temporary jail, and to make the
  necessary provision for the safe-keeping of prisoners committed under
  the authority of the United States until permanent provision shall be
  made by law for that purpose; and the said marshal shall be allowed his
  reasonable expenses incurred for the above purposes, to be paid out of
  the Treasury of the United States.


And a resolution of Congress of March 3, 1821, provides that--

  Where any State or States, having complied with the recommendation of
  Congress in the resolution of the 23d day of September, 1789, shall have
  withdrawn, or shall hereafter withdraw, either in whole or in part, the
  use of their jails for prisoners committed under the authority of the
  United States, the marshal in such State or States, under the direction
  of the judge of the district, shall be, and hereby is, authorized and
  required to hire a convenient place to serve as a temporary jail, and to
  make the necessary provision for the safe-keeping of prisoners committed
  under the authority of the United States until permanent provision shall
  be made by law for that purpose; and the said marshal shall be allowed
  his reasonable expenses incurred for the above purposes, to be paid out
  of the Treasury of the United States.


These various provisions of the law remain unrepealed.

By the law of Massachusetts, as that law stood before the act of the
legislature of that State of the 24th of March, 1843, the common jails
in the respective counties were to be used for the detention of any
persons detained or committed by the authority of the courts of the
United States, as well as by the courts and magistrates of the State.
But these provisions were abrogated and repealed by the act of the
legislature of Massachusetts of the 24th of March, 1843.

That act declares that--

  No judge of any court of record of this Commonwealth and no justice of
  the peace shall hereafter take cognizance or grant a certificate in
  cases that may arise under the third section of an act of Congress
  passed February 12, 1793, and entitled "An act respecting fugitives
  from justice and persons escaping from the service of their masters,"
  to any person who claims any other person as a fugitive slave within
  the jurisdiction of the Commonwealth.


And it further declares that--

  No sheriff, deputy sheriff, coroner, constable, jailer, or other officer
  of this Commonwealth shall hereafter arrest or detain, or aid in the
  arrest or detention or imprisonment, in any jail or other building
  belonging to this Commonwealth, or to any county, city, or town thereof,
  of any person for the reason that he is claimed as a fugitive slave.


And it further declares that--

  Any justice of the peace, sheriff, deputy sheriff, coroner, constable,
  or jailer who shall offend against the provisions of this law by in any
  way acting, directly or indirectly, under the power conferred by the
  third section of the act of Congress aforementioned shall forfeit a sum
  not exceeding $1,000 for every such offense to the use of the county
  where said offense is committed, or shall be subject to imprisonment
  not exceeding one year in the county jail.


This law, it is obvious, had two objects. The first was to make it a
penal offense in all officers and magistrates of the Commonwealth to
exercise the powers conferred on them by the act of Congress of the 12th
of February, 1793, entitled "An act respecting fugitives from justice
and persons escaping from the service of their masters," and which
powers they were fully competent to perform up to the time of this
inhibition and penal enactment; second, to refuse the use of the jails
of the State for the detention of any person claimed as a fugitive
slave.

It is deeply to be lamented that the purpose of these enactments is
quite apparent. It was to prevent, as far as the legislature of the
State could prevent, the laws of Congress passed for the purpose of
carrying into effect that article of the Constitution of the United
States which declares that "no person held to service or labor in
one State, under the laws thereof, escaping into another, shall in
consequence of any law or regulation therein be discharged from such
service or labor, but shall be delivered up on claim of the party
to whom such service or labor may be due" from being carried into
effect. But these acts of State legislation, although they may cause
embarrassment and create expense, can not derogate either from the duty
or the authority of Congress to carry out fully and fairly the plain and
imperative constitutional provision for the delivery of persons bound to
labor in one State and escaping into another to the party to whom such
labor may be due. It is quite clear that by the resolution of Congress
of March 3, 1821, the marshal of the United States in any State in which
the use of the jails of the State has been withdrawn, in whole or in
part, from the purpose of the detention of persons committed under the
authority of the United States is not only empowered, but expressly
required, under the direction of the judge of the district, to hire
a convenient place for the safe-keeping of prisoners committed under
authority of the United States. It will be seen from papers accompanying
this communication that the attention of the marshal of Massachusetts
was distinctly called to this provision of the law by a letter from
the Secretary of the Navy of the date of October 28 last. There is no
official information that the marshal has provided any such place for
the confinement of his prisoners. If he has not, it is to be regretted
that this power was not exercised by the marshal under the direction
of the district judge immediately on the passage of the act of the
legislature of Massachusetts of the 24th of March, 1843, and especially
that it was not exercised on the passage of the fugitive-slave law of
the last session, or when the attention of the marshal was afterwards
particularly drawn to it.

It is true that the escape from the deputy marshals in this case was not
owing to the want of a prison or place of confinement, but still it is
not easy to see how the prisoner could have been safely and conveniently
detained during an adjournment of the hearing for some days without such
place of confinement. If it shall appear that no such place has been
obtained, directions to the marshal will be given to lose no time in the
discharge of this duty.

I transmit to the Senate the copy of a proclamation issued by me on the
18th instant in relation to these unexpected and deplorable occurrences
in Boston, together with copies of instructions from the Departments of
War and Navy relative to the general subject. And I communicate also
copies of telegraphic dispatches transmitted from the Department of
State to the district attorney and marshal of the United States for
the district of Massachusetts and their answers thereto.

In regard to the last branch of the inquiry made by the resolution of
the Senate, I have to observe that the Constitution declares that "the
President shall take care that the laws be faithfully executed," and
that "he shall be Commander in Chief of the Army and Navy of the United
States, and of the militia of the several States when called into the
actual service of the United States," and that "Congress shall have
power to provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions." From which it
appears that the Army and Navy are by the Constitution placed under the
control of the Executive; and probably no legislation of Congress could
add to or diminish the power thus given but by increasing or diminishing
or abolishing altogether the Army and Navy. But not so with the militia.
The President can not call the militia into service, even to execute the
laws or repel invasions, but by the authority of acts of Congress passed
for that purpose. But when the militia are called into service in the
manner prescribed by law, then the Constitution itself gives the command
to the President. Acting on this principle, Congress, by the act of
February 28, 1795, authorized the President to call forth the militia to
repel invasion and "suppress insurrections against a State government,
and to suppress combinations against the laws of the United States, and
cause the laws to be faithfully executed." But the act proceeds to
declare that whenever it may be necessary, in the judgment of the
President, to use the military force thereby directed to be called
forth, the President shall forthwith, by proclamation, command such
insurgents to disperse and retire peaceably to their respective abodes
within a limited time. These words are broad enough to require a
proclamation in all cases where militia are called out under that act,
whether to repel invasion or suppress an insurrection or to aid in
executing the laws. This section has consequently created some doubt
whether the militia could be called forth to aid in executing the laws
without a previous proclamation. But yet the proclamation seems to be in
words directed only against insurgents, and to require them to disperse,
thereby implying not only an insurrection, but an organized, or at least
an embodied, force. Such a proclamation in aid of the civil authority
would often defeat the whole object by giving such notice to persons
intended to be arrested that they would be enabled to fly or secrete
themselves. The force may be wanted sometimes to make the arrest, and
also sometimes to protect the officer after it is made, and to prevent
a rescue. I would therefore suggest that this section be modified by
declaring that nothing therein contained shall be construed to require
any previous proclamation when the militia are called forth, either to
repel invasion, to execute the laws, or suppress combinations against
them, and that the President may make such call and place such militia
under the control of any civil officer of the United States to aid him
in executing the laws or suppressing such combinations; and while so
employed they shall be paid by and subsisted at the expense of the
United States.

Congress, not probably adverting to the difference between the militia
and the Regular Army, by the act of March 3, 1807, authorized the
President to use the land and naval forces of the United States for the
same purposes for which he might call forth the militia, and subject
to the same proclamation. But the power of the President under the
Constitution, as Commander of the Army and Navy, is general, and his
duty to see the laws faithfully executed is general and positive; and
the act of 1807 ought not to be construed as evincing any disposition in
Congress to limit or restrain this constitutional authority. For greater
certainty, however, it may be well that Congress should modify or
explain this act in regard to its provisions for the employment of the
Army and Navy of the United States, as well as that in regard to calling
forth the militia. It is supposed not to be doubtful that all citizens,
whether enrolled in the militia or not, may be summoned as members of
the _posse comitatus_, either by the marshal or a commissioner
according to law, and that it is their duty to obey such summons. But
perhaps it may be doubted whether the marshal or a commissioner can
summon as the _posse comitatus_ an organized militia force, acting
under its own appropriate officers, without the consent of such
officers. This point may deserve the consideration of Congress.

I use this occasion to repeat the assurance that so far as depends on me
the laws shall be faithfully executed and all forcible opposition to
them suppressed; and to this end I am prepared to exercise, whenever
it may become necessary, the power constitutionally vested in me to
the fullest extent. I am fully persuaded that the great majority of
the people of this country are warmly and strongly attached to the
Constitution, the preservation of the Union, the just support of the
Government, and the maintenance of the authority of law. I am persuaded
that their earnest wishes and the line of my constitutional duty
entirely concur, and I doubt not firmness, moderation, and prudence,
strengthened and animated by the general opinion of the people, will
prevent the repetition of occurrences disturbing the public peace and
reprobated by all good men.

MILLARD FILLMORE



WASHINGTON, _February 25, 1851_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and the Mexican
Republic for the protection of a transit way across the Isthmus of
Tehuantepec, signed in the City of Mexico on the 25th ultimo.

Accompanying the treaty is a letter from Mr. P.A. Hargous, the present
proprietor and holder of the privileges granted by Mexico, signifying
his assent to and acceptance of the terms of its provisions. There is
also an abstract of title to him from the original grantee and copies
of the several powers and conveyances by which that title is derived to
him. It may be well that these papers should be returned to be deposited
among the archives of the Department of State.

The additional article of the treaty makes an unnecessary reference to
the eleventh, twelfth, and thirteenth articles of the treaty of the 22d
of June last, because the eleventh, twelfth, and thirteenth articles
of the present treaty contain exactly the same provisions as those
contained in the same articles of that treaty, as will appear from the
copy of the treaty of the 22d of June last, herewith communicated.

MILLARD FILLMORE.



WASHINGTON, _February 26, 1851_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its consideration, a
convention for the adjustment of certain claims of citizens of the
United States against Her Most Faithful Majesty's Government,[10]
concluded and signed this day in the city of Washington by the
respective plenipotentiaries.

MILLARD FILLMORE.

[Footnote 10: Portugal.]



WASHINGTON, _February 27, 1851_.

_To the Senate of the United States_:

I transmit herewith a report of the Secretary of State, with
accompanying documents,[11] in compliance with the resolution of the
Senate of the 17th ultimo.

MILLARD FILLMORE.

[Footnote 11: Correspondence relative to prisoners captured by Spanish
authorities at or near the island of Contoy, and to projected
expeditions to Cuba.]



WASHINGTON, _February 28, 1851_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 16th ultimo, requesting
information touching the difficulties between the British authorities
and San Salvador, I transmit a report from the Secretary of State and
the documents which accompanied it.

MILLARD FILLMORE.



WASHINGTON, _March 1, 1851_.

Hon. Howell Cobb,

_Speaker of the House of Representatives_:

I have the honor herewith to transmit to the House of Representatives
manuscript No. 2 of the opinions of the Attorneys-General, prepared in
pursuance of its resolution.

MILLARD FILLMORE.



WASHINGTON, _March 3, 1851_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 26th ultimo, calling
for information respecting a forcible abduction of any citizen of the
United States from the Territory of New Mexico and his conveyance within
the limits of the Mexican Republic, I transmit a report from the
Secretary of State and the documents which accompanied it.

MILLARD FILLMORE.




PROCLAMATIONS.


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.


Whereas by an act of the Congress of the United States of the 9th of
September, 1850, entitled "An act proposing to the State of Texas the
establishment of her northern and western boundaries, the relinquishment
by the said State of all territory claimed by her exterior to said
boundaries and of all her claims upon the United States, and to
establish a Territorial government for New Mexico," it was provided that
the following propositions should be, and the same were thereby, offered
to the State of Texas, which, when agreed to by the said State in an act
passed by the general assembly, should be binding and obligatory upon
the United States and upon the said State of Texas, provided the said
agreement by the said general assembly should be given on or before the
1st day of December, 1850, namely:

"First. The State of Texas will agree that her boundary on the north
shall commence at the point at which the meridian of 100° west from
Greenwich is intersected by the parallel of 36° 30' north latitude, and
shall run from said point due west to the meridian of 103° west from
Greenwich; thence her boundary shall run due south to the thirty-second
degree of north latitude; thence on the said parallel of 32° of north
latitude to the Rio Bravo del Norte, and thence with the channel of said
river to the Gulf of Mexico.

"Second. The State of Texas cedes to the United States all her claim to
territory exterior to the limits and boundaries which she agrees to
establish by the first article of this agreement.

"Third. The State of Texas relinquishes all claim upon the United States
for liability of the debts of Texas and for compensation or indemnity
for the surrender to the United States of her ships, forts, arsenals,
custom-houses, custom-house revenue, arms and munitions of war, and
public buildings with their sites, which became the property of the
United States at the time of the annexation.

"Fourth. The United States, in consideration of said establishment of
boundaries, cession of claim to territory, and relinquishment of claims,
will pay to the State of Texas the sum of $10,000,000 in a stock bearing
5 per cent interest, and redeemable at the end of fourteen years, the
interest payable half-yearly at the Treasury of the United States.

"Fifth. Immediately after the President of the United States shall have
been furnished with an authentic copy of the act of the general assembly
of Texas accepting these propositions, he shall cause the stock to be
issued in favor of the State of Texas, as provided for in the fourth
article of this agreement: _Provided also_, That no more than $5,000,000
of said stock shall be issued until the creditors of the State holding
bonds and other certificates of stock of Texas for which duties on
imports were specially pledged shall first file at the Treasury of
the United States releases of all claim against the United States
for or on account of said bonds or certificates in such form as
shall be prescribed by the Secretary of the Treasury and approved by
the President of the United States: _Provided_, That nothing herein
contained shall be construed to impair or qualify anything contained in
the third article of the second section of the 'Joint resolution for
annexing Texas to the United States,' approved March 1, 1845, either as
regards the number of States that may hereafter be formed out of the
State of Texas or otherwise;" and

Whereas it was further provided by the eighteenth section of the same
act of Congress "that the provisions of this act be, and they are
hereby, suspended until the boundary between the United States and the
State of Texas shall be adjusted, and when such adjustment shall have
been effected the President of the United States shall issue his
proclamation declaring this act to be in full force and operation;" and

Whereas the legislature of the State of Texas, by an act approved the
25th of November last, entitled "An act accepting the propositions made
by the United States to the State of Texas in an act of the Congress of
the United States approved the 9th day of September, A.D. 1850, and
entitled 'An act proposing to the State of Texas the establishment of
her northern and western boundaries, the relinquishment by the said
State of all territory claimed by her exterior to said boundaries and of
all her claims upon the United States, and to establish a Territorial
government for New Mexico,'" of which act a copy, authenticated under
the seal of the State, has been furnished to the President, enacts "that
the State of Texas hereby agrees to and accepts said propositions, and
it is hereby declared that the said State shall be bound by the terms
thereof, according to their true import and meaning."

Now, therefore, I, Millard Fillmore, President of the United States
of America, do hereby declare and proclaim that the said act of the
Congress of the United States of the 9th of September last is in full
force and operation.

[SEAL.]

Given under my hand, at the city of Washington, this 13th day of
December, A.D. 1850, and the seventy-fifth of the Independence of these
United States.

MILLARD FILLMORE.

By the President:
  DANL. WEBSTER,
    _Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.


Whereas information has been received that sundry lawless persons,
principally persons of color, combined and confederated together for the
purpose of opposing by force the execution of the laws of the United
States, did, at Boston, in Massachusetts, on the 15th of this month,
make a violent assault on the marshal or deputy marshals of the United
States for the district of Massachusetts, in the court-house, and did
overcome the said officers, and did by force rescue from their custody
a person arrested as a fugitive slave, and then and there a prisoner
lawfully holden by the said marshal or deputy marshals of the United
States, and other scandalous outrages did commit in violation of law:

Now, therefore, to the end that the authority of the laws may be
maintained and those concerned in violating them brought to immediate
and condign punishment, I have issued this my proclamation, calling on
all well-disposed citizens to rally to the support of the laws of their
country, and requiring and commanding all officers, civil and military,
and all other persons, civil or military, who shall be found within the
vicinity of this outrage, to be aiding and assisting by all means in
their power in quelling this and other such combinations and assisting
the marshal and his deputies in recapturing the above-mentioned
prisoner; and I do especially direct that prosecutions be commenced
against all persons who shall have made themselves aiders or abettors
in or to this flagitious offense; and I do further command that the
district attorney of the United States and all other persons concerned
in the administration or execution of the laws of the United States
cause the foregoing offenders and all such as aided, abetted, or
assisted them or shall be found to have harbored or concealed such
fugitive contrary to law to be immediately arrested and proceeded with
according to law.

Given under my hand and the seal of the United States this 18th day of
February, 1851.

[SEAL.]

MILLARD FILLMORE.

DANL. WEBSTER,
  _Secretary of State_.




[From Executive Journal of the Senate, Vol. VIII, p. 299.]


WASHINGTON, _March 3, 1851_.

_To the Senators of the United States, respectively_.

SIR: Whereas divers and weighty causes connected with executive business
necessary to be transacted create an extraordinary occasion requiring
that the Senate be convened, you are therefore requested, as a member of
that body, to attend a meeting thereof to be holden at the Capitol, in
the city of Washington, on the 4th day of March instant.

MILLARD FILLMORE.




SPECIAL MESSAGES.


WASHINGTON, _March 4, 1851_.

_To the Senate of the United States_:

Sundry nominations having been made during the last session of the
Senate which were not finally disposed of, I hereby nominate anew each
person so nominated at the last session whose nomination was not finally
acted on before the termination of that session to the same office for
which he was nominated as aforesaid.

MILLARD FILLMORE.



WASHINGTON, _March 10, 1851_.

_To the Senate of the United States_:

I transmit herewith a report of the Secretary of State, with the
accompanying documents,[12] in compliance with the resolution of the
Senate of the 8th instant.

MILLARD FILLMORE.

[Footnote 12: Correspondence with the United States minister at
Constantinople respecting the liberation of Kossuth and his companions.]




PROCLAMATIONS.


BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.


Whereas there is reason to believe that a military expedition is about
to be fitted out in the United States with intention to invade the
island of Cuba, a colony of Spain, with which this country is at
peace; and

Whereas it is believed that this expedition is instigated and set on
foot chiefly by foreigners who dare to make our shores the scene of
their guilty and hostile preparations against a friendly power and
seek by falsehood and misrepresentation to seduce our own citizens,
especially the young and inconsiderate, into their wicked schemes--an
ungrateful return for the benefits conferred upon them by this people
in permitting them to make our country an asylum from oppression and
in flagrant abuse of the hospitality thus extended to them; and

Whereas such expeditions can only be regarded as adventures for plunder
and robbery, and must meet the condemnation of the civilized world,
whilst they are derogatory to the character of our country, in violation
of the laws of nations, and expressly prohibited by our own. Our
statutes declare "that if any person shall, within the territory or
jurisdiction of the United States, begin or set on foot or provide or
prepare the means for any military expedition or enterprise to be
carried on from thence against the territory or dominions of any foreign
prince or state or of any colony, district, or people with whom the
United States are at peace, every person so offending shall be deemed
guilty of a high misdemeanor and shall be fined not exceeding $3,000 and
imprisoned not more than three years:"

Now, therefore, I have issued this my proclamation, warning all persons
who shall connect themselves with any such enterprise or expedition in
violation of our laws and national obligations that they will thereby
subject themselves to the heavy penalties denounced against such
offenses and will forfeit their claim to the protection of this
Government or any interference on their behalf, no matter to what
extremities they may be reduced in consequence of their illegal conduct.
And therefore I exhort all good citizens, as they regard our national
reputation, as they respect their own laws and the laws of nations, as
they value the blessings of peace and the welfare of their country, to
discountenance and by all lawful means prevent any such enterprise; and
I call upon every officer of this Government, civil or military, to use
all efforts in his power to arrest for trial and punishment every such
offender against the laws of the country.

Given under my hand the 25th day of April, A.D. 1851, and the
seventy-fifth of the Independence of the United States.

[SEAL.]

MILLARD FILLMORE.

By the President:
  W.S. DERRICK,
    _Acting Secretary of State_.




BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.


Whereas there is reason to believe that a military expedition is about
to be fitted out in the United States for the purpose of invading the
Mexican Republic, with which this country is at peace; and

Whereas there is reason to apprehend that a portion of the people of
this country, regardless of their duties as good citizens, are concerned
in or may be seduced to take part in the same; and

Whereas such enterprises tend to degrade the character of the United
States in the opinion of the civilized world and are expressly
prohibited by law:

Now, therefore, I have issued this my proclamation, warning all persons
who shall connect themselves with any such enterprise in violation of
the laws and national obligations of the United States that they will
thereby subject themselves to the heavy penalties denounced against such
offenses; that if they should be captured within the jurisdiction of the
Mexican authorities they must expect to be tried and punished according
to the laws of Mexico and will have no right to claim the interposition
of this Government in their behalf.

I therefore exhort all well-disposed citizens who have at heart the
reputation of their country and are animated with a just regard for its
laws, its peace, and its welfare to discountenance and by all lawful
means prevent any such enterprise; and I call upon every officer of this
Government, civil or military, to be vigilant in arresting for trial and
punishment every such offender.

Given under my hand the 22d day of October, A.D. 1851, and the
seventy-sixth of the Independence of the United States.

[SEAL.]

MILLARD FILLMORE.

By the President:
  J.J. CRITTENDEN,
    _Acting Secretary of State_.




SECOND ANNUAL MESSAGE.


WASHINGTON, _December 2, 1851_.

_Fellow-Citizens of the Senate and of the House of Representatives_:

I congratulate you and our common constituency upon the favorable
auspices under which you meet for your first session. Our country is
at peace with all the world. The agitation which for a time threatened
to disturb the fraternal relations which make us one people is fast
subsiding, and a year of general prosperity and health has crowned the
nation with unusual blessings. None can look back to the dangers which
are passed or forward to the bright prospect before us without feeling a
thrill of gratification, at the same time that he must be impressed with
a grateful sense of our profound obligations to a beneficent Providence,
whose paternal care is so manifest in the happiness of this highly
favored land.

Since the close of the last Congress certain Cubans and other foreigners
resident in the United States, who were more or less concerned in the
previous invasion of Cuba, instead of being discouraged by its failure
have again abused the hospitality of this country by making it the scene
of the equipment of another military expedition against that possession
of Her Catholic Majesty, in which they were countenanced, aided, and
joined by citizens of the United States. On receiving intelligence
that such designs were entertained, I lost no time in issuing such
instructions to the proper officers of the United States as seemed to
be called for by the occasion. By the proclamation a copy of which
is herewith submitted I also warned those who might be in danger of
being inveigled into this scheme of its unlawful character and of the
penalties which they would incur. For some time there was reason to hope
that these measures had sufficed to prevent any such attempt. This hope,
however, proved to be delusive. Very early in the morning of the 3d of
August a steamer called the _Pampero_ departed from New Orleans for
Cuba, having on board upward of 400 armed men with evident intentions
to make war upon the authorities of the island. This expedition was
set on foot in palpable violation of the laws of the United States.
Its leader was a Spaniard, and several of the chief officers and some
others engaged in it were foreigners. The persons composing it, however,
were mostly citizens of the United States.

Before the expedition set out, and probably before it was organized,
a slight insurrectionary movement, which appears to have been soon
suppressed, had taken place in the eastern quarter of Cuba. The
importance of this movement was, unfortunately, so much exaggerated in
the accounts of it published in this country that these adventurers seem
to have been led to believe that the Creole population of the island not
only desired to throw off the authority of the mother country, but had
resolved upon that step and had begun a well-concerted enterprise for
effecting it. The persons engaged in the expedition were generally young
and ill informed. The steamer in which they embarked left New Orleans
Stealthily and without a clearance. After touching at Key West, she
proceeded to the coast of Cuba, and on the night between the 11th and
12th of August landed the persons on board at Playtas, within about 20
leagues of Havana.

The main body of them proceeded to and took possession of an inland
village 6 leagues distant, leaving others to follow in charge of the
baggage as soon as the means of transportation could be obtained. The
latter, having taken up their line of march to connect themselves with
the main body, and having proceeded about 4 leagues into the country,
were attacked on the morning of the 13th by a body of Spanish troops,
and a bloody conflict ensued, after which they retreated to the place of
disembarkation, where about 50 of them obtained boats and reembarked
therein. They were, however, intercepted among the keys near the shore
by a Spanish steamer cruising on the coast, captured and carried to
Havana, and after being examined before a military court were sentenced
to be publicly executed, and the sentence was carried into effect on the
16th of August.

On receiving information of what had occurred Commodore Foxhall A.
Parker was instructed to proceed in the steam frigate _Saranac_ to
Havana and inquire into the charges against the persons executed, the
circumstances under which they were taken, and whatsoever referred to
their trial and sentence. Copies of the instructions from the Department
of State to him and of his letters to that Department are herewith
submitted.

According to the record of the examination, the prisoners all admitted
the offenses charged against them, of being hostile invaders of the
island. At the time of their trial and execution the main body of the
invaders was still in the field making war upon the Spanish authorities
and Spanish subjects. After the lapse of some days, being overcome by
the Spanish troops, they dispersed on the 24th of August. Lopez, their
leader, was captured some days after, and executed on the 1st of
September. Many of his remaining followers were killed or died of hunger
and fatigue, and the rest were made prisoners. Of these none appear
to have been tried or executed. Several of them were pardoned upon
application of their friends and others, and the rest, about 160 in
number, were sent to Spain. Of the final disposition made of these we
have no official information.

Such is the melancholy result of this illegal and ill-fated expedition.
Thus thoughtless young men have been induced by false and fraudulent
representations to violate the law of their country through rash and
unfounded expectations of assisting to accomplish political revolutions
in other states, and have lost their lives in the undertaking. Too
severe a judgment can hardly be passed by the indignant sense of the
community upon those who, being better informed themselves, have yet led
away the ardor of youth and an ill-directed love of political liberty.
The correspondence between this Government and that of Spain relating
to this transaction is herewith communicated.

Although these offenders against the laws have forfeited the protection
of their country, yet the Government may, so far as consistent with its
obligations to other countries and its fixed purpose to maintain and
enforce the laws, entertain sympathy for their unoffending families and
friends, as well as a feeling of compassion for themselves. Accordingly,
no proper effort has been spared and none will be spared to procure the
release of such citizens of the United States engaged in this unlawful
enterprise as are now in confinement in Spain; but it is to be hoped
that such interposition with the Government of that country may not be
considered as affording any ground of expectation that the Government of
the United States will hereafter feel itself under any obligation of
duty to intercede for the liberation or pardon of such persons as are
flagrant offenders against the law of nations and the laws of the United
States. These laws must be executed. If we desire to maintain our
respectability among the nations of the earth, it behooves us to enforce
steadily and sternly the neutrality acts passed by Congress and to
follow as far as may be the violation of those acts with condign
punishment.

But what gives a peculiar criminality to this invasion of Cuba is that,
under the lead of Spanish subjects and with the aid of citizens of the
United States, it had its origin with many in motives of cupidity. Money
was advanced by individuals, probably in considerable amounts, to
purchase Cuban bonds, as they have been called, issued by Lopez, sold,
doubtless, at a very large discount, and for the payment of which the
public lands and public property of Cuba, of whatever kind, and the
fiscal resources of the people and government of that island, from
whatever source to be derived, were pledged, as well as the good faith
of the government expected to be established. All these means of
payment, it is evident, were only to be obtained by a process of
bloodshed, war, and revolution. None will deny that those who set on
foot military expeditions against foreign states by means like these
are far more culpable than the ignorant and the necessitous whom they
induce to go forth as the ostensible parties in the proceeding. These
originators of the invasion of Cuba seem to have determined with
coolness and system upon an undertaking which should disgrace their
country, violate its laws, and put to hazard the lives of ill-informed
and deluded men. You will consider whether further legislation be
necessary to prevent the perpetration of such offenses in future.

No individuals have a right to hazard the peace of the country or to
violate its laws upon vague notions of altering or reforming governments
in other states. This principle is not only reasonable in itself and in
accordance with public law, but is ingrafted into the codes of other
nations as well as our own. But while such are the sentiments of this
Government, it may be added that every independent nation must be
presumed to be able to defend its possessions against unauthorized
individuals banded together to attack them. The Government of the United
States at all times since its establishment has abstained and has sought
to restrain the citizens of the country from entering into controversies
between other powers, and to observe all the duties of neutrality. At an
early period of the Government, in the Administration of Washington,
several laws were passed for this purpose. The main provisions of these
laws were reenacted by the act of April, 1818, by which, amongst other
things, it was declared that--

  If any person shall, within the territory or jurisdiction of the United
  States, begin, or set on foot, or provide or prepare the means for, any
  military expedition or enterprise to be carried on from thence against
  the territory or dominions of any foreign prince or state, or of any
  colony, district, or people, with whom the United States are at peace,
  every person so offending shall be deemed guilty of a high misdemeanor,
  and shall be fined not exceeding $3,000 and imprisoned not more than
  three years.


And this law has been executed and enforced to the full extent of the
power of the Government from that day to this.

In proclaiming and adhering to the doctrine of neutrality and
nonintervention, the United States have not followed the lead of other
civilized nations; they have taken the lead themselves and have been
followed by others. This was admitted by one of the most eminent of
modern British statesmen, who said in Parliament, while a minister of
the Crown, "that if he wished for a guide in a system of neutrality he
should take that laid down by America in the days of Washington and the
secretaryship of Jefferson;" and we see, in fact, that the act of
Congress of 1818 was followed the succeeding year by an act of the
Parliament of England substantially the same in its general provisions.
Up to that time there had been no similar law in England, except certain
highly penal statutes passed in the reign of George II, prohibiting
English subjects from enlisting in foreign service, the avowed object
of which statutes was that foreign armies, raised for the purpose of
restoring the house of Stuart to the throne, should not be strengthened
by recruits from England herself.

All must see that difficulties may arise in carrying the laws referred
to into execution in a country now having 3,000 or 4,000 miles of
seacoast, with an infinite number of ports and harbors and small inlets,
from some of which unlawful expeditions may suddenly set forth, without
the knowledge of Government, against the possessions of foreign states.

"Friendly relations with all, but entangling alliances with none," has
long been a maxim with us. Our true mission is not to propagate our
opinions or impose upon other countries our form of government by
artifice or force, but to teach by example and show by our success,
moderation, and justice the blessings of self-government and the
advantages of free institutions. Let every people choose for itself and
make and alter its political institutions to suit its own condition
and convenience. But while we avow and maintain this neutral policy
ourselves, we are anxious to see the same forbearance on the part of
other nations whose forms of government are different from our own. The
deep interest which we feel in the spread of liberal principles and the
establishment of free governments and the sympathy with which we witness
every struggle against oppression forbid that we should be indifferent
to a case in which the strong arm of a foreign power is invoked to
stifle public sentiment and repress the spirit of freedom in any
country.

The Governments of Great Britain and France have issued orders to their
naval commanders on the West India station to prevent, by force if
necessary, the landing of adventurers from any nation on the island of
Cuba with hostile intent. The copy of a memorandum of a conversation on
this subject between the chargé d'affaires of Her Britannic Majesty and
the Acting Secretary of State and of a subsequent note of the former to
the Department of State are herewith submitted, together with a copy of
a note of the Acting Secretary of State to the minister of the French
Republic and of the reply of the latter on the same subject. These
papers will acquaint you with the grounds of this interposition of two
leading commercial powers of Europe, and with the apprehensions, which
this Government could not fail to entertain, that such interposition, if
carried into effect, might lead to abuses in derogation of the maritime
rights of the United States. The maritime rights of the United States
are founded on a firm, secure, and well-defined basis; they stand
upon the ground of national independence and public law, and will be
maintained in all their full and just extent. The principle which this
Government has heretofore solemnly announced it still adheres to, and
will maintain under all circumstances and at all hazards. That principle
is that in every regularly documented merchant vessel the crew who
navigate it and those on board of it will find their protection in the
flag which is over them. No American ship can be allowed to be visited
or searched for the purpose of ascertaining the character of individuals
on board, nor can there be allowed any watch by the vessels of any
foreign nation over American vessels on the coast of the United States
or the seas adjacent thereto. It will be seen by the last communication
from the British chargé d'affaires to the Department of State that he
is authorized to assure the Secretary of State that every care will be
taken that in executing the preventive measures against the expeditions
which the United States Government itself has denounced as not being
entitled to the protection of any government no interference shall take
place with the lawful commerce of any nation.

In addition to the correspondence on this subject herewith submitted,
official information has been received at the Department of State of
assurances by the French Government that in the orders given to the
French naval forces they were expressly instructed, in any operations
they might engage in, to respect the flag of the United States wherever
it might appear, and to commit no act of hostility upon any vessel or
armament under its protection.

Ministers and consuls of foreign nations are the means and agents of
communication between us and those nations, and it is of the utmost
importance that while residing in the country they should feel a perfect
security so long as they faithfully discharge their respective duties
and are guilty of no violation of our laws. This is the admitted law of
nations and no country has a deeper interest in maintaining it than the
United States. Our commerce spreads over every sea and visits every
clime, and our ministers and consuls are appointed to protect the
interests of that commerce as well as to guard the peace of the country
and maintain the honor of its flag. But how can they discharge these
duties unless they be themselves protected? And if protected it must be
by the laws of the country in which they reside. And what is due to our
own public functionaries residing in foreign nations is exactly the
measure of what is due to the functionaries of other governments
residing here. As in war the bearers of flags of truce are sacred,
or else wars would be interminable, so in peace ambassadors, public
ministers, and consuls, charged with friendly national intercourse,
are objects of especial respect and protection, each according to the
rights belonging to his rank and station. In view of these important
principles, it is with deep mortification and regret I announce to you
that during the excitement growing out of the executions at Havana the
office of Her Catholic Majesty's consul at New Orleans was assailed by
a mob, his property destroyed, the Spanish flag found in the office
carried off and torn in pieces, and he himself induced to flee for
his personal safety, which he supposed to be in danger. On receiving
intelligence of these events I forthwith directed the attorney of the
United States residing at New Orleans to inquire into the facts and the
extent of the pecuniary loss sustained by the consul, with the intention
of laying them before you, that you might make provision for such
indemnity to him as a just regard for the honor of the nation and the
respect which is due to a friendly power might, in your judgment, seem
to require. The correspondence upon this subject between the Secretary
of State and Her Catholic Majesty's minister plenipotentiary is herewith
transmitted.

The occurrence at New Orleans has led me to give my attention to the
state of our laws in regard to foreign ambassadors, ministers, and
consuls. I think the legislation of the country is deficient in not
providing sufficiently either for the protection or the punishment of
consuls. I therefore recommend the subject to the consideration of
Congress.

Your attention is again invited to the question of reciprocal trade
between the United States and Canada and other British possessions near
our frontier. Overtures for a convention upon this subject have been
received from Her Britannic Majesty's minister plenipotentiary, but
it seems to be in many respects preferable that the matter should be
regulated by reciprocal legislation. Documents are laid before you
showing the terms which the British Government is willing to offer and
the measures which it may adopt if some arrangement upon this subject
shall not be made.

From the accompanying copy of a note from the British legation at
Washington and the reply of the Department of State thereto it will
appear that Her Britannic Majesty's Government is desirous that a part
of the boundary line between Oregon and the British possessions should
be authoritatively marked out, and that an intention was expressed to
apply to Congress for an appropriation to defray the expense thereof
on the part of the United States. Your attention to this subject is
accordingly invited and a proper appropriation recommended.

A convention for the adjustment of claims of citizens of the United
States against Portugal has been concluded and the ratifications have
been exchanged. The first installment of the amount to be paid by
Portugal fell due on the 30th of September last and has been paid.

The President of the French Republic, according to the provisions of the
convention, has been selected as arbiter in the case of the _General
Armstrong_, and has signified that he accepts the trust and the high
satisfaction he feels in acting as the common friend of two nations with
which France is united by sentiments of sincere and lasting amity.

The Turkish Government has expressed its thanks for the kind reception
given to the Sultan's agent, Amin Bey, on the occasion of his recent
visit to the United States. On the 28th of February last a dispatch was
addressed by the Secretary of State to Mr. Marsh, the American minister
at Constantinople, instructing him to ask of the Turkish Government
permission for the Hungarians then imprisoned within the dominions of
the Sublime Porte to remove to this country. On the 3d of March last
both Houses of Congress passed a resolution requesting the President to
authorize the employment of a public vessel to convey to this country
Louis Kossuth and his associates in captivity.

The instruction above referred to was complied with, and the Turkish
Government having released Governor Kossuth and his companions from
prison, on the 10th of September last they embarked on board of the
United States steam frigate _Mississippi_, which was selected to carry
into effect the resolution of Congress. Governor Kossuth left the
_Mississippi_ at Gibraltar for the purpose of making a visit to England,
and may shortly be expected in New York. By communications to the
Department of State he has expressed his grateful acknowledgments for
the interposition of this Government in behalf of himself and his
associates. This country has been justly regarded as a safe asylum for
those whom political events have exiled from their own homes in Europe,
and it is recommended to Congress to consider in what manner Governor
Kossuth and his companions, brought hither by its authority, shall be
received and treated.

It is earnestly to be hoped that the differences which have for some
time past been pending between the Government of the French Republic and
that of the Sandwich Islands may be peaceably and durably adjusted so
as to secure the independence of those islands. Long before the events
which have of late imparted so much importance to the possessions of the
United States on the Pacific we acknowledged the independence of the
Hawaiian Government. This Government was first in taking that step, and
several of the leading powers of Europe immediately followed. We were
influenced in this measure by the existing and prospective importance of
the islands as a place of refuge and refreshment for our vessels engaged
in the whale fishery, and by the consideration that they lie in the
course of the great trade which must at no distant day be carried on
between the western coast of North America and eastern Asia.

We were also influenced by a desire that those islands should not pass
under the control of any other great maritime state, but should remain
in an independent condition, and so be accessible and useful to the
commerce of all nations. I need not say that the importance of these
considerations has been greatly enhanced by the sudden and vast
development which the interests of the United States have attained in
California and Oregon, and the policy heretofore adopted in regard to
those islands will be steadily pursued.

It is gratifying, not only to those who consider the commercial interests
of nations, but also to all who favor the progress of knowledge and the
diffusion of religion, to see a community emerge from a savage state and
attain such a degree of civilization in those distant seas.

It is much to be deplored that the internal tranquillity of the Mexican
Republic should again be seriously disturbed, for since the peace
between that Republic and the United States it had enjoyed such
comparative repose that the most favorable anticipations for the future
might with a degree of confidence have been indulged. These, however,
have been thwarted by the recent outbreak in the State of Tamaulipas,
on the right bank of the Rio Bravo. Having received information that
persons from the United States had taken part in the insurrection,
and apprehending that their example might be followed by others, I
caused orders to be issued for the purpose of preventing any hostile
expeditions against Mexico from being set on foot in violation of the
laws of the United States. I likewise issued a proclamation upon the
subject, a copy of which is herewith laid before you. This appeared to
be rendered imperative by the obligations of treaties and the general
duties of good neighborhood.

In my last annual message I informed Congress that citizens of the
United States had undertaken the connection of the two oceans by means
of a railroad across the Isthmus of Tehuantepec, under a grant of
the Mexican Government to a citizen of that Republic, and that this
enterprise would probably be prosecuted with energy whenever Mexico
should consent to such stipulations with the Government of the United
States as should impart a feeling of security to those who should invest
their property in the enterprise.

A convention between the two Governments for the accomplishment of that
end has been ratified by this Government, and only awaits the decision
of the Congress and the Executive of that Republic.

Some unexpected difficulties and delays have arisen in the ratification
of that convention by Mexico, but it is to be presumed that her decision
will be governed by just and enlightened views, as well of the general
importance of the object as of her own interests and obligations.

In negotiating upon this important subject this Government has had
in view one, and only one, object. That object has been, and is,
the construction or attainment of a passage from ocean to ocean, the
shortest and the best for travelers and merchandise, and equally open to
all the world. It has sought to obtain no territorial acquisition, nor
any advantages peculiar to itself; and it would see with the greatest
regret that Mexico should oppose any obstacle to the accomplishment of
an enterprise which promises so much convenience to the whole commercial
world and such eminent advantages to Mexico herself. Impressed with
these sentiments and these convictions, the Government will continue to
exert all proper efforts to bring about the necessary arrangement with
the Republic of Mexico for the speedy completion of the work.

For some months past the Republic of Nicaragua has been the theater of
one of those civil convulsions from which the cause of free institutions
and the general prosperity and social progress of the States of Central
America have so often and so severely suffered. Until quiet shall have
been restored and a government apparently stable shall have been
organized, no advance can prudently be made in disposing of the
questions pending between the two countries.

I am happy to announce that an interoceanic communication from the
mouth of the St. John to the Pacific has been so far accomplished as
that passengers have actually traversed it and merchandise has been
transported over it, and when the canal shall have been completed
according to the original plan the means of communication will be
further improved. It is understood that a considerable part of the
railroad across the Isthmus of Panama has been completed, and that
the mail and passengers will in future be conveyed thereon.

Whichever of the several routes between the two oceans may ultimately
prove most eligible for travelers to and from the different States on
the Atlantic and Gulf of Mexico and our coast on the Pacific, there is
little reason to doubt that all of them will be useful to the public,
and will liberally reward that individual enterprise by which alone they
have been or are expected to be carried into effect.

Peace has been concluded between the contending parties in the island of
St. Domingo, and, it is hoped, upon a durable basis. Such is the extent
of our commercial relations with that island that the United States can
not fail to feel a strong interest in its tranquillity.

The office of commissioner to China remains unfilled. Several persons
have been appointed, and the place has been offered to others, all of
whom have declined its acceptance on the ground of the inadequacy of the
compensation. The annual allowance by law is $6,000, and there is no
provision for any outfit. I earnestly recommend the consideration of
this subject to Congress. Our commerce with China is highly important,
and is becoming more and more so in consequence of the increasing
intercourse between our ports on the Pacific Coast and eastern Asia.
China is understood to be a country in which living is very expensive,
and I know of no reason why the American commissioner sent thither
should not be placed, in regard to compensation, on an equal footing
with ministers who represent this country at the Courts of Europe.

By reference to the report of the Secretary of the Treasury it will be
seen that the aggregate receipts for the last fiscal year amounted to
$52,312,979.87, which, with the balance in the Treasury on the 1st July,
1850, gave as the available means for the year the sum of
$58,917,524.36.

The total expenditures for the same period were $48,005,878.68. The
total imports for the year ending June 30, 1851, were $215,725,995,
of which there were in specie $4,967,901. The exports for the same
period were $217,517,130, of which there were of domestic products
$178,546,555; foreign goods reexported, $9,738,695; specie, $29,231,880.

Since the 1st of December last the payments in cash on account of the
public debt, exclusive of interest, have amounted to $7,501,456.56,
which, however, includes the sum of $3,242,400, paid under the twelfth
article of the treaty with Mexico, and the further sum of $2,591,213.45,
being the amount of awards to American citizens under the late treaty
with Mexico, for which the issue of stock was authorized, but which was
paid in cash from the Treasury.

The public debt on the 20th ultimo, exclusive of the stock authorized
to be issued to Texas by the act of 9th September, 1850, was
$62,560,395.26.

The receipts for the next fiscal year are estimated at $51,800,000,
which, with the probable unappropriated balance in the Treasury on the
30th June next, will give as the probable available means for that year
the sum of $63,258,743.09.

It has been deemed proper, in view of the large expenditures consequent
upon the acquisition of territory from Mexico, that the estimates for
the next fiscal year should be laid before Congress in such manner as
to distinguish the expenditures so required from the otherwise ordinary
demands upon the Treasury.

The total expenditures for the next fiscal year are estimated at
$42,892,299.19, of which there is required for the ordinary purposes of
the Government, other than those consequent upon the acquisition of our
new territories, and deducting the payments on account of the public
debt, the sum of $33,343,198.08, and for the purposes connected,
directly or indirectly, with those territories and in the fulfillment of
the obligations of the Government contracted in consequence of their
acquisition the sum of $9,549,101.11.

If the views of the Secretary of the Treasury in reference to the
expenditures required for these territories shall be met by
corresponding action on the part of Congress, and appropriations made in
accordance therewith, there will be an estimated unappropriated balance
in the Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to
meet that portion of the public debt due on the 1st of July following,
amounting to $6,237,931.35, as well as any appropriations which may be
made beyond the estimates.

In thus referring to the estimated expenditures on account of our newly
acquired territories, I may express the hope that Congress will concur
with me in the desire that a liberal course of policy may be pursued
toward them, and that every obligation, express or implied, entered into
in consequence of their acquisition shall be fulfilled by the most
liberal appropriations for that purpose.

The values of our domestic exports for the last fiscal year, as compared
with those of the previous year, exhibit an increase of $43,646,322. At
first view this condition of our trade with foreign nations would seem
to present the most flattering hopes of its future prosperity. An
examination of the details of our exports, however, will show that the
increased value of our exports for the last fiscal year is to be found
in the high price of cotton which prevailed during the first half of
that year, which price has since declined about one-half.

The value of our exports of breadstuffs and provisions, which it was
supposed the incentive of a low tariff and large importations from
abroad would have greatly augmented, has fallen from $68,701,921 in
1847 to $26,051,373 in 1850 and to $21,948,653 in 1851, with a strong
probability, amounting almost to a certainty, of a still further
reduction in the current year.

The aggregate values of rice exported during the last fiscal year, as
compared with the previous year, also exhibit a decrease, amounting to
$460,917, which, with a decline in the values of the exports of tobacco
for the same period, make an aggregate decrease in these two articles of
$1,156,751.

The policy which dictated a low rate of duties on foreign merchandise,
it was thought by those who promoted and established it, would tend to
benefit the farming population of this country by increasing the demand
and raising the price of agricultural products in foreign markets.

The foregoing facts, however, seem to show incontestably that no such
result has followed the adoption of this policy. On the contrary,
notwithstanding the repeal of the restrictive corn laws in England, the
foreign demand for the products of the American farmer has steadily
declined, since the short crops and consequent famine in a portion
of Europe have been happily replaced by full crops and comparative
abundance of food.

It will be seen by recurring to the commercial statistics for the past
year that the value of our domestic exports has been increased in the
single item of raw cotton by $40,000,000 over the value of that export
for the year preceding. This is not due to any increased general demand
for that article, but to the short crop of the preceding year, which
created an increased demand and an augmented price for the crop of last
year. Should the cotton crop now going forward to market be only equal
in quantity to that of the year preceding and be sold at the present
prices, then there would be a falling off in the value of our exports
for the present fiscal year of at least $40,000,000 compared with the
amount exported for the year ending 30th June, 1851.

The production of gold in California for the past year seems to promise
a large supply of that metal from that quarter for some time to come.
This large annual increase of the currency of the world must be attended
with its usual results. These have been already partially disclosed
in the enhancement of prices and a rising spirit of speculation and
adventure, tending to overtrading, as well at home as abroad. Unless
some salutary check shall be given to these tendencies it is to be
feared that importations of foreign goods beyond a healthy demand in
this country will lead to a sudden drain of the precious metals from us,
bringing with it, as it has done in former times, the most disastrous
consequences to the business and capital of the American people.

The exports of specie to liquidate our foreign debt during the past
fiscal year have been $24,263,979 over the amount of specie imported.
The exports of specie during the first quarter of the present fiscal
year have been $14,651,827. Should specie continue to be exported at
this rate for the remaining three quarters of this year, it will drain
from our metallic currency during the year ending 30th June, 1852, the
enormous amount of $58,607,308.

In the present prosperous condition of the national finances it will
become the duty of Congress to consider the best mode of paying off the
public debt. If the present and anticipated surplus in the Treasury
should not be absorbed by appropriations of an extraordinary character,
this surplus should be employed in such way and under such restrictions
as Congress may enact in extinguishing the outstanding debt of the
nation.

By reference to the act of Congress approved 9th September, 1850, it
will be seen that, in consideration of certain concessions by the State
of Texas, it is provided that--

  The United States shall pay to the State of Texas the sum of $10,000,000
  in a stock bearing 5 per cent interest and redeemable at the end of
  fourteen years, the interest payable half-yearly at the Treasury of
  the United States.

In the same section of the law it is further provided--

  That no more than five millions of said stock shall be issued until the
  creditors of the State holding bonds and other certificates of stock of
  Texas, _for which duties on imports were specially_ pledged, shall first
  file at the Treasury of the United States releases of all claims against
  the United States for or on account of said bonds or certificates, in
  such form as shall be prescribed by the Secretary of the Treasury and
  approved by the President of the United States.

The form of release thus provided for has been prescribed by the
Secretary of the Treasury and approved. It has been published in all
the leading newspapers in the commercial cities of the United States,
and all persons holding claims of the kind specified in the foregoing
proviso were required to file their releases (in the form thus
prescribed) in the Treasury of the United States on or before the 1st
day of October, 1851. Although this publication has been continued
from the 25th day of March, 1851, yet up to the 1st of October last
comparatively few releases had been filed by the creditors of Texas.

The authorities of the State of Texas, at the request of the Secretary
of the Treasury, have furnished a schedule of the public debt of that
State created prior to her admission into the Union, with a copy of the
laws under which each class was contracted.

I have, from the documents furnished by the State of Texas, determined
the classes of claims which in my judgment fall within the provisions of
the act of Congress of the 9th of September, 1850.

On being officially informed of the acceptance by Texas of the
propositions contained in the act referred to I caused the stock to be
prepared, and the five millions which are to be issued unconditionally,
bearing an interest of 5 per cent from the 1st day of January, 1851,
have been for some time ready to be delivered to the State of Texas. The
authorities of Texas up to the present time have not authorized anyone
to receive this stock, and it remains in the Treasury Department subject
to the order of Texas.

The releases required by law to be deposited in the Treasury not having
been filed there, the remaining five millions have not been issued.
This last amount of the stock will be withheld from Texas until the
conditions upon which it is to be delivered shall be complied with by
the creditors of that State, unless Congress shall otherwise direct by
a modification of the law.

In my last annual message, to which I respectfully refer, I stated
briefly the reasons which induced me to recommend a modification of
the present tariff by converting the _ad valorem_ into a specific duty
wherever the article imported was of such a character as to permit it,
and that such a discrimination should be made in favor of the industrial
pursuits of our own country as to encourage home production without
excluding foreign competition.

The numerous frauds which continue to be practiced upon the revenue by
false invoices and undervaluations constitute an unanswerable reason for
adopting specific instead of _ad valorem_ duties in all cases where the
nature of the commodity does not forbid it. A striking illustration of
these frauds will be exhibited in the report of the Secretary of the
Treasury, showing the custom-house valuation of articles imported under
a former law, subject to specific duties, when there was no inducement
to undervaluation, and the custom-house valuations of the same articles
under the present system of _ad valorem_ duties, so greatly reduced
as to leave no doubt of the existence of the most flagrant abuses under
the existing laws. This practical evasion of the present law, combined
with the languishing condition of some of the great interests of the
country, caused by overimportations and consequent depressed prices,
and with the failure in obtaining a foreign market for our increasing
surplus of breadstuffs and provisions, has induced me again to recommend
a modification of the existing tariff.

The report of the Secretary of the Interior, which accompanies this
communication, will present a condensed statement of the operations
of that important Department of the Government.

It will be seen that the cash sales of the public lands exceed those
of the preceding year, and that there is reason to anticipate a still
further increase, notwithstanding the large donations which have been
made to many of the States and the liberal grants to individuals as
a reward for military services. This fact furnishes very gratifying
evidence of the growing wealth and prosperity of our country.

Suitable measures have been adopted for commencing the survey of the
public lands in California and Oregon. Surveying parties have been
organized and some progress has been made in establishing the principal
base and meridian lines. But further legislation and additional
appropriations will be necessary before the proper subdivisions can
be made and the general land system extended over those remote parts
of our territory.

On the 3d of March last an act was passed providing for the appointment
of three commissioners to settle private land claims in California.
Three persons were immediately appointed, all of whom, however,
declined accepting the office in consequence of the inadequacy of the
compensation. Others were promptly selected, who for the same reason
also declined, and it was not until late in the season that the services
of suitable persons could be secured. A majority of the commissioners
convened in this city on the 10th of September last, when detailed
instructions were given to them in regard to their duties. Their first
meeting for the transaction of business will be held in San Francisco
on the 8th day of the present month.

I have thought it proper to refer to these facts, not only to explain
the causes of the delay in filling the commission, but to call your
attention to the propriety of increasing the compensation of the
commissioners. The office is one of great labor and responsibility,
and the compensation should be such as to command men of a high order
of talents and the most unquestionable integrity.

The proper disposal of the mineral lands of California is a subject
surrounded by great difficulties. In my last annual message I
recommended the survey and sale of them in small parcels under
such restrictions as would effectually guard against monopoly and
speculation; but upon further information, and in deference to the
opinions of persons familiar with the subject, I am inclined to change
that recommendation and to advise that they be permitted to remain as at
present, a common field, open to the enterprise and industry of all our
citizens, until further experience shall have developed the best policy
to be ultimately adopted in regard to them. It is safer to suffer the
inconveniences that now exist for a short period than by premature
legislation to fasten on the country a system founded in error, which
may place the whole subject beyond the future control of Congress.

The agricultural lands should, however, be surveyed and brought into
market with as little delay as possible, that the titles may become
settled and the inhabitants stimulated to make permanent improvements
and enter on the ordinary pursuits of life. To effect these objects
it is desirable that the necessary provision be made by law for the
establishment of land offices in California and Oregon and for the
efficient prosecution of the surveys at an early day.

Some difficulties have occurred in organizing the Territorial
governments of New Mexico and Utah, and when more accurate information
shall be obtained of the causes a further communication will be made on
that subject.

In my last annual communication to Congress I recommended the
establishment of an agricultural bureau, and I take this occasion
again to invoke your favorable consideration of the subject.

Agriculture may justly be regarded as the great interest of our people.
Four-fifths of our active population are employed in the cultivation of
the soil, and the rapid expansion of our settlements over new territory
is daily adding to the number of those engaged in that vocation. Justice
and sound policy, therefore, alike require that the Government should
use all the means authorized by the Constitution to promote the
interests and welfare of that important class of our fellow-citizens.
And yet it is a singular fact that whilst the manufacturing and
commercial interests have engaged the attention of Congress during a
large portion of every session and our statutes abound in provisions for
their protection and encouragement, little has yet been done directly
for the advancement of agriculture. It is time that this reproach to our
legislation should be removed, and I sincerely hope that the present
Congress will not close their labors without adopting efficient means
to supply the omissions of those who have preceded them.

An agricultural bureau, charged with the duty of collecting and
disseminating correct information as to the best modes of cultivation
and of the most effectual means of preserving and restoring the
fertility of the soil and of procuring and distributing seeds and plants
and other vegetable productions, with instructions in regard to the
soil, climate, and treatment best adapted to their growth, could not
fail to be, in the language of Washington in his last annual message
to Congress, a "very cheap instrument of immense national benefit."

Regarding the act of Congress approved 28th September, 1850, granting
bounty lands to persons who had been engaged in the military service of
the country, as a great measure of national justice and munificence,
an anxious desire has been felt by the officers intrusted with its
immediate execution to give prompt effect to its provisions. All the
means within their control were therefore brought into requisition
to expedite the adjudication of claims, and I am gratified to be
able to state that near 100,000 applications have been considered
and about 70,000 warrants issued within the short space of nine
months. If adequate provision be made by law to carry into effect
the recommendations of the Department, it is confidently expected
that before the close of the next fiscal year all who are entitled
to the benefits of the act will have received their warrants.

The Secretary of the Interior has suggested in his report various
amendments of the laws relating to pensions and bounty lands for the
purpose of more effectually guarding against abuses and frauds on the
Government, to all of which I invite your particular attention.

The large accessions to our Indian population consequent upon the
acquisition of New Mexico and California and the extension of our
settlements into Utah and Oregon have given increased interest and
importance to our relations with the aboriginal race.

No material change has taken place within the last year in the condition
and prospects of the Indian tribes who reside in the Northwestern
Territory and west of the Mississippi River. We are at peace with all of
them, and it will be a source of pleasure to you to learn that they are
gradually advancing in civilization and the pursuits of social life.

Along the Mexican frontier and in California and Oregon there have been
occasional manifestations of unfriendly feeling and some depredations
committed. I am satisfied, however, that they resulted more from the
destitute and starving condition of the Indians than from any settled
hostility toward the whites. As the settlements of our citizens progress
toward them, the game, upon which they mainly rely for subsistence,
is driven off or destroyed, and the only alternative left to them
is starvation or plunder. It becomes us to consider, in view of this
condition of things, whether justice and humanity, as well as an
enlightened economy, do not require that instead of seeking to punish
them for offenses which are the result of our own policy toward them
we should not provide for their immediate wants and encourage them to
engage in agriculture and to rely on their labor instead of the chase
for the means of support.

Various important treaties have been negotiated with different tribes
during the year, by which their title to large and valuable tracts of
country has been extinguished, all of which will at the proper time be
submitted to the Senate for ratification.

The joint commission under the treaty of Guadalupe Hidalgo has been
actively engaged in running and marking the boundary line between the
United States and Mexico. It was stated in the last annual report of
the Secretary of the Interior that the initial point on the Pacific
and the point of junction of the Gila with the Colorado River had been
determined and the intervening line, about 150 miles in length, run and
marked by temporary monuments. Since that time a monument of marble has
been erected at the initial point, and permanent landmarks of iron have
been placed at suitable distances along the line.

The initial point on the Rio Grande has also been fixed by the
commissioners, at latitude 32° 22', and at the date of the last
communication the purvey of the line had been made thence westward
about 150 miles to the neighborhood of the copper mines.

The commission on our part was at first organized on a scale which
experience proved to be unwieldy and attended with unnecessary expense.
Orders have therefore been issued for the reduction of the number of
persons employed within the smallest limits consistent with the safety
of those engaged in the service and the prompt and efficient execution
of their important duties.

Returns have been received from all the officers engaged in taking
the census in the States and Territories except California. The
superintendent employed to make the enumeration in that State has
not yet made his full report, from causes, as he alleges, beyond his
control. This failure is much to be regretted, as it has prevented the
Secretary of the Interior from making the decennial apportionment of
Representatives among the States, as required by the act approved May
23, 1850. It is hoped, however, that the returns will soon be received,
and no time will then be lost in making the necessary apportionment and
in transmitting the certificates required by law.

The Superintendent of the Seventh Census is diligently employed, under
the direction of the Secretary of the Interior, in classifying and
arranging in tabular form all the statistical information derived from
the returns of the marshals, and it is believed that when the work shall
be completed it will exhibit a more perfect view of the population,
wealth, occupations, and social condition of a great country than has
ever been presented to the world. The value of such a work as the basis
of enlightened legislation can hardly be overestimated, and I earnestly
hope that Congress will lose no time in making the appropriations
necessary to complete the classifications and to publish the results
in a style worthy of the subject and of our national character.

The want of a uniform fee bill, prescribing the compensation to be
allowed district attorneys, clerks, marshals, and commissioners in civil
and criminal cases, is the cause of much vexation, injustice, and
complaint. I would recommend a thorough revision of the laws on the
whole subject and the adoption of a tariff of fees which, as far as
practicable, should be uniform, and prescribe a specific compensation
for every service which the officer may be required to perform. This
subject will be fully presented in the report of the Secretary of the
Interior.

In my last annual message I gave briefly my reasons for believing that
you possessed the constitutional power to improve the harbors of our
Great Lakes and seacoast and the navigation of our principal rivers, and
recommended that appropriations should be made for completing such works
as had already been commenced and for commencing such others as might
seem to the wisdom of Congress to be of public and general importance.
Without repeating the reasons then urged, I deem it my duty again to
call your attention to this important subject. The works on many of the
harbors were left in an unfinished state, and consequently exposed to
the action of the elements, which is fast destroying them. Great numbers
of lives and vast amounts of property are annually lost for want of
safe and convenient harbors on the Lakes. None but those who have been
exposed to that dangerous navigation can fully appreciate the importance
of this subject. The whole Northwest appeals to you for relief, and
I trust their appeal will receive due consideration at your hands.

The same is in a measure true in regard to some of the harbors and
inlets on the seacoast.

The unobstructed navigation of our large rivers is of equal importance.
Our settlements are now extending to the sources of the great rivers
which empty into and form a part of the Mississippi, and the value of
the public lands in those regions would be greatly enhanced by freeing
the navigation of those waters from obstructions. In view, therefore,
of this great interest, I deem it my duty again to urge upon Congress
to make such appropriations for these improvements as they may deem
necessary.

The surveys of the Delta of the Mississippi, with a view to the
prevention of the overflows that have proved so disastrous to that
region of country, have been nearly completed, and the reports thereof
are now in course of preparation and will shortly be laid before you.

The protection of our southwestern frontier and of the adjacent Mexican
States against the Indian tribes within our border has claimed my
earnest and constant attention. Congress having failed at the last
session to adopt my recommendation that an additional regiment of
mounted men specially adapted to that service should be raised, all
that remained to be done was to make the best use of the means at my
disposal. Accordingly, all the troops adapted to that service that could
properly be spared from other quarters have been concentrated on that
frontier and officers of high reputation selected to command them. A new
arrangement of the military posts has also been made, whereby the troops
are brought nearer to the Mexican frontier and to the tribes they are
intended to overawe.

Sufficient time has not yet elapsed to realize all the benefits that are
expected to result from these arrangements, but I have every reason to
hope that they will effectually check their marauding expeditions. The
nature of the country, which furnishes little for the support of an army
and abounds in places of refuge and concealment, is remarkably well
adapted to this predatory warfare, and we can scarcely hope that any
military force, combined with the greatest vigilance, can entirely
suppress it.

By the treaty of Guadalupe Hidalgo we are bound to protect the territory
of Mexico against the incursions of the savage tribes within our border
"with equal diligence and energy" as if the same were made within our
territory or against our citizens. I have endeavored to comply as far
as possible with this provision of the treaty. Orders have been given
to the officers commanding on that frontier to consider the Mexican
territory and its inhabitants as equally with our own entitled to their
protection, and to make all their plans and arrangements with a view
to the attainment of this object. Instructions have also been given to
the Indian commissioners and agents among these tribes in all treaties
to make the clauses designed for the protection of our own citizens
apply also to those of Mexico. I have no reason to doubt that these
instructions have been fully carried into effect; nevertheless, it is
probable that in spite of all our efforts some of the neighboring States
of Mexico may have suffered, as our own have, from depredations by the
Indians.

To the difficulties of defending our own territory, as above mentioned,
are superadded, in defending that of Mexico, those that arise from its
remoteness, from the fact that we have no right to station our troops
within her limits and that there is no efficient military force on the
Mexican side to cooperate with our own. So long as this shall continue
to be the case the number and activity of our troops will rather
increase than diminish the evil, as the Indians will naturally turn
toward that country where they encounter the least resistance. Yet these
troops are necessary to subdue them and to compel them to make and
observe treaties. Until this shall have been done neither country will
enjoy any security from their attacks.

The Indians in California, who had previously appeared of a peaceable
character and disposed to cultivate the friendship of the whites, have
recently committed several acts of hostility. As a large portion of the
reenforcements sent to the Mexican frontier were drawn from the Pacific,
the military force now stationed there is considered entirely inadequate
to its defense. It can not be increased, however, without an increase of
the Army, and I again recommend that measure as indispensable to the
protection of the frontier.

I invite your attention to the suggestions on this subject and on others
connected with his Department in the report of the Secretary of War.

The appropriations for the support of the Army during the current fiscal
year ending 30th June next were reduced far below the estimate submitted
by the Department. The consequence of this reduction is a considerable
deficiency, to which I invite your early attention.

The expenditures of that Department for the year ending 30th June last
were $9,060,268.58. The estimates for the year commencing 1st July next
and ending June 30, 1853, are $7,898,775.83, showing a reduction of
$1,161,492.75.

The board of commissioners to whom the management of the affairs of the
military asylum created by the act of 3d March last was intrusted have
selected a site for the establishment of an asylum in the vicinity of
this city, which has been approved by me subject to the production of
a satisfactory title.

The report of the Secretary of the Navy will exhibit the condition of
the public service under the supervision of that Department. Our naval
force afloat during the present year has been actively and usefully
employed in giving protection to our widely extended and increasing
commerce and interests in the various quarters of the globe, and our
flag has everywhere afforded the security and received the respect
inspired by the justice and liberality of our intercourse and the
dignity and power of the nation.

The expedition commanded by Lieutenant De Haven, dispatched in search
of the British commander Sir John Franklin and his companions in the
Arctic Seas, returned to New York in the month of October, after having
undergone great peril and suffering from an unknown and dangerous
navigation and the rigors of a northern climate, without any satisfactory
information of the objects of their search, but with new contributions
to science and navigation from the unfrequented polar regions. The
officers and men of the expedition having been all volunteers for this
service and having so conducted it as to meet the entire approbation
of the Government, it is suggested, as an act of grace and generosity,
that the same allowance of extra pay and emoluments be extended to them
that were made to the officers and men of like rating in the late
exploring expedition to the South Seas.

I earnestly recommend to your attention the necessity of reorganizing
the naval establishment, apportioning and fixing the number of officers
in each grade, providing some mode of promotion to the higher grades of
the Navy having reference to merit and capacity rather than seniority or
date of entry into the service, and for retiring from the effective list
upon reduced pay those who may be incompetent to the performance of
active duty. As a measure of economy, as well as of efficiency, in this
arm of the service, the provision last mentioned is eminently worthy of
your consideration.

The determination of the questions of relative rank between the sea
officers and civil officers of the Navy, and between officers of
the Army and Navy, in the various grades of each, will also merit
your attention. The failure to provide any substitute when corporal
punishment was abolished for offenses in the Navy has occasioned the
convening of numerous courts-martial upon the arrival of vessels
in port, and is believed to have had an injurious effect upon the
discipline and efficiency of the service. To moderate punishment from
one grade to another is among the humane reforms of the age, but to
abolish one of severity, which applied so generally to offenses on
shipboard, and provide nothing in its stead is to suppose a progress of
improvement in every individual among seamen which is not assumed by
the Legislature in respect to any other class of men. It is hoped that
Congress, in the ample opportunity afforded by the present session, will
thoroughly investigate this important subject, and establish such modes
of determining guilt and such gradations of punishment as are consistent
with humanity and the personal rights of individuals, and at the same
time shall insure the most energetic and efficient performance of duty
and the suppression of crime in our ships of war.

The stone dock in the navy-yard at New York, which was ten years in
process of construction, has been so far finished as to be surrendered
up to the authorities of the yard. The dry dock at Philadelphia is
reported as completed, and is expected soon to be tested and delivered
over to the agents of the Government. That at Portsmouth, N.H., is also
nearly ready for delivery; and a contract has been concluded, agreeably
to the act of Congress at its last session, for a floating sectional
dock on the Bay of San Francisco. I invite your attention to the
recommendation of the Department touching the establishment of a
navy-yard in conjunction with this dock on the Pacific. Such a station
is highly necessary to the convenience and effectiveness of our fleet
in that ocean, which must be expected to increase with the growth of
commerce and the rapid extension of our whale fisheries over its waters.

The Naval Academy at Annapolis, under a revised and improved system of
regulations, now affords opportunities of education and instruction to
the pupils quite equal, it is believed, for professional improvement, to
those enjoyed by the cadets in the Military Academy. A large class of
acting midshipmen was received at the commencement of the last academic
term, and a practice ship has been attached to the institution to afford
the amplest means for regular instruction in seamanship, as well as for
cruises during the vacations of three or four months in each year.

The advantages of science in nautical affairs have rarely been more
strikingly illustrated than in the fact, stated in the report of the
Navy Department, that by means of the wind and current charts projected
and prepared by Lieutenant Maury, the Superintendent of the Naval
Observatory, the passage from the Atlantic to the Pacific ports of
our country has been shortened by about forty days.

The estimates for the support of the Navy and Marine Corps the ensuing
fiscal year will be found to be $5,856,472.19, the estimates for the
current year being $5,900,621.

The estimates for special objects under the control of this Department
amount to $2,684,220.89, against $2,210,980 for the present year, the
increase being occasioned by the additional mail service on the Pacific
Coast and the construction of the dock in California, authorized at the
last session of Congress, and some slight additions under the head of
improvements and repairs in navy-yards, buildings, and machinery.

I deem it of much importance to a just economy and a correct
understanding of naval expenditures that there should be an entire
separation of the appropriations for the support of the naval service
proper from those for permanent improvements at navy-yards and stations
and from ocean steam mail service and other special objects assigned to
the supervision of this Department.

The report of the Postmaster-General, herewith communicated, presents
an interesting view of the progress, operations, and condition of his
Department.

At the close of the last fiscal year the length of mail routes within
the United States was 196,290 miles, the annual transportation thereon
53,272,252 miles, and the annual cost of such transportation $3,421,754.

The length of the foreign mail routes is estimated at 18,349 miles
and the annual transportation thereon at 615,206 miles. The annual
cost of this service is $1,472,187, of which $448,937 are paid by
the Post-Office Department and $1,023,250 are paid through the Navy
Department.

The annual transportation within the United States, excluding the
service in California and Oregon, which is now for the first time
reported and embraced in the tabular statements of the Department,
exceeds that of the preceding year 6,162,855 miles, at an increased
cost of $547,110.

The whole number of post-offices in the United States on the 30th day of
June last was 19,796. There were 1,698 post-offices established and 256
discontinued during the year.

The gross revenues of the Department for the fiscal year, including the
appropriations for the franked matter of Congress, of the Departments,
and officers of Government, and excluding the foreign postages collected
for and payable to the British post-office, amounted to $6,727,866.78.

The expenditures for the same period, excluding $20,599.49, paid under
an award of the Auditor, in pursuance of a resolution of the last
Congress, for mail service on the Ohio and Mississippi rivers in 1832
and 1833, and the amount paid to the British post-office for foreign
postages collected for and payable to that office, amounted to
$6,024,566.79, leaving a balance of revenue over the proper expenditures
of the year of $703,299.99.

The receipts for postages during the year, excluding the foreign
postages collected for and payable to the British post-office, amounted
to $6,345,747.21, being an increase of $997,610.79, or 18.65 per cent,
over the like receipts for the preceding year.

The reduction of postage under the act of March last did not take effect
until the commencement of the present fiscal year. The accounts for
the first quarter under the operation of the reduced rates will not be
settled before January next, and no reliable estimate of the receipts
for the present year can yet be made. It is believed, however, that
they will fall far short of those of the last year. The surplus of the
revenues now on hand is, however, so large that no further appropriation
from the Treasury in aid of the revenues of the Department is required
for the current fiscal year, but an additional appropriation for the
year ending June 30, 1853, will probably be found necessary when the
receipts of the first two quarters of the fiscal year are fully
ascertained.

In his last annual report the Postmaster-General recommended a reduction
of postage to rates which he deemed as low as could be prudently adopted
unless Congress was prepared to appropriate from the Treasury for
the support of the Department a sum more than equivalent to the mail
services performed by it for the Government. The recommendations of the
Postmaster-General in respect to letter postage, except on letters from
and to California and Oregon, were substantially adopted by the last
Congress. He now recommends adherence to the present letter rates and
advises against a further reduction until justified by the revenue of
the Department.

He also recommends that the rates of postage on printed matter be so
revised as to render them more simple and more uniform in their operation
upon all classes of printed matter. I submit the recommendations of the
report to your favorable consideration.

The public statutes of the United States have now been accumulating
for more than sixty years, and, interspersed with private acts, are
scattered through numerous volumes, and, from the cost of the whole,
have become almost inaccessible to the great mass of the community.
They also exhibit much of the incongruity and imperfection of hasty
legislation. As it seems to be generally conceded that there is no
"common law" of the United States to supply the defects of their
legislation, it is most important that that legislation should be as
perfect as possible, defining every power intended to be conferred,
every crime intended to be made punishable, and prescribing the
punishment to be inflicted. In addition to some particular cases spoken
of more at length, the whole criminal code is now lamentably defective.
Some offenses are imperfectly described and others are entirely omitted,
so that flagrant crimes may be committed with impunity. The scale
of punishment is not in all cases graduated according to the degree
and nature of the offense, and is often rendered more unequal by the
different modes of imprisonment or penitentiary confinement in the
different States.

Many laws of a permanent character have been introduced into
appropriation bills, and it is often difficult to determine whether the
particular clause expires with the temporary act of which it is a part
or continues in force. It has also frequently happened that enactments
and provisions of law have been introduced into bills with the title or
general subject of which they have little or no connection or relation.
In this mode of legislation so many enactments have been heaped upon
each other, and often with but little consideration, that in many
instances it is difficult to search out and determine what is the law.

The Government of the United States is emphatically a government of
written laws. The statutes should therefore, as far as practicable, not
only be made accessible to all, but be expressed in language so plain
and simple as to be understood by all and arranged in such method as
to give perspicuity to every subject. Many of the States have revised
their public acts with great and manifest benefit, and I recommend that
provision be made by law for the appointment of a commission to revise
the public statutes of the United States, arranging them in order,
supplying deficiencies, correcting incongruities, simplifying their
language, and reporting them to Congress for its action.

An act of Congress approved 30th September, 1850, contained a provision
for the extension of the Capitol according to such plan as might be
approved by the President, and appropriated $100,000 to be expended
under his direction by such architect as he should appoint to execute
the same. On examining the various plans which had been submitted by
different architects in pursuance of an advertisement by a committee
of the Senate no one was found to be entirely satisfactory, and it
was therefore deemed advisable to combine and adopt the advantages
of several.

The great object to be accomplished was to make such an addition as
would afford ample and convenient halls for the deliberations of the two
Houses of Congress, with sufficient accommodations for spectators and
suitable apartments for the committees and officers of the two branches
of the Legislature. It was also desirable not to mar the harmony and
beauty of the present structure, which, as a specimen of architecture,
is so universally admired. Keeping these objects in view, I concluded
to make the addition by wings, detached from the present building, yet
connected with it by corridors. This mode of enlargement will leave the
present Capitol uninjured and afford great advantages for ventilation
and the admission of light, and will enable the work to progress without
interrupting the deliberations of Congress. To carry this plan into
effect I have appointed an experienced and competent architect. The
corner stone was laid on the 4th day of July last with suitable
ceremonies, since which time the work has advanced with commendable
rapidity, and the foundations of both wings are now nearly complete.

I again commend to your favorable regard the interests of the District
of Columbia, and deem it only necessary to remind you that although its
inhabitants have no voice in the choice of Representatives in Congress,
they are not the less entitled to a just and liberal consideration in
your legislation. My opinions on this subject were more fully expressed
in my last annual communication.

Other subjects were brought to the attention of Congress in my last
annual message, to which I would respectfully refer. But there was one
of more than ordinary interest, to which I again invite your special
attention. I allude to the recommendation for the appointment of a
commission to settle private claims against the United States. Justice
to individuals, as well as to the Government, imperatively demands that
some more convenient and expeditious mode than an appeal to Congress
should be adopted.

It is deeply to be regretted that in several instances officers of the
Government, in attempting to execute the law for the return of fugitives
from labor, have been openly resisted and their efforts frustrated and
defeated by lawless and violent mobs; that in one case such resistance
resulted in the death of an estimable citizen, and in others serious
injury ensued to those officers and to individuals who were using their
endeavors to sustain the laws. Prosecutions have been instituted against
the alleged offenders so far as they could be identified, and are still
pending. I have regarded it as my duty in these cases to give all aid
legally in my power to the enforcement of the laws, and I shall continue
to do so wherever and whenever their execution may be resisted.

The act of Congress for the return of fugitives from labor is one
required and demanded by the express words of the Constitution.

The Constitution declares that--

  No person held to service or labor in one State, under the laws thereof,
  escaping into another, shall, in consequence of any law or regulation
  therein, be discharged from such service or labor, but shall be
  delivered up on claim of the party to whom such service or labor may
  be due.


This constitutional provision is equally obligatory upon the legislative,
the executive, and judicial departments of the Government, and upon every
citizen of the United States.

Congress, however, must from necessity first act upon the subject by
prescribing the proceedings necessary to ascertain that the person is a
fugitive and the means to be used for his restoration to the claimant.
This was done by an act passed during the first term of President
Washington, which was amended by that enacted by the last Congress,
and it now remains for the executive and judicial departments to take
care that these laws be faithfully executed. This injunction of the
Constitution is as peremptory and as binding as any other; it stands
exactly on the same foundation as that clause which provides for the
return of fugitives from justice, or that which declares that no bill of
attainder or _ex post facto_ law shall be passed, or that which provides
for an equality of taxation according to the census, or the clause
declaring that all duties shall be uniform throughout the United States,
or the important provision that the trial of all crimes shall be by
jury. These several articles and clauses of the Constitution, all
resting on the same authority, must stand or fall together. Some
objections have been urged against the details of the act for the return
of fugitives from labor, but it is worthy of remark that the main
opposition is aimed against the Constitution itself, and proceeds from
persons and classes of persons many of whom declare their wish to see
that Constitution overturned. They avow their hostility to any law
which shall give full and practical effect to this requirement of the
Constitution. Fortunately, the number of these persons is comparatively
small, and is believed to be daily diminishing; but the issue which they
present is one which involves the supremacy and even the existence of
the Constitution.

Cases have heretofore arisen in which individuals have denied the
binding authority of acts of Congress, and even States have proposed to
nullify such acts upon the ground that the Constitution was the supreme
law of the land, and that those acts of Congress were repugnant to
that instrument; but nullification is now aimed not so much against
particular laws as being inconsistent with the Constitution as against
the Constitution itself, and it is not to be disguised that a spirit
exists, and has been actively at work, to rend asunder this Union,
which is our cherished inheritance from our Revolutionary fathers.

In my last annual message I stated that I considered the series of
measures which had been adopted at the previous session in reference
to the agitation growing out of the Territorial and slavery questions
as a final settlement in principle and substance of the dangerous and
exciting subjects which they embraced, and I recommended adherence to
the adjustment established by those measures until time and experience
should demonstrate the necessity of further legislation to guard against
evasion or abuse. I was not induced to make this recommendation because
I thought those measures perfect, for no human legislation can be
perfect. Wide differences and jarring opinions can only be reconciled by
yielding something on all sides, and this result had been reached after
an angry conflict of many months, in which one part of the country was
arrayed against another, and violent convulsion seemed to be imminent.
Looking at the interests of the whole country, I felt it to be my duty
to seize upon this compromise as the best that could be obtained amid
conflicting interests and to insist upon it as a final settlement, to
be adhered to by all who value the peace and welfare of the country.
A year has now elapsed since that recommendation was made. To that
recommendation I still adhere, and I congratulate you and the country
upon the general acquiescence in these measures of peace which has been
exhibited in all parts of the Republic. And not only is there this
general acquiescence in these measures, but the spirit of conciliation
which has been manifested in regard to them in all parts of the country
has removed doubts and uncertainties in the minds of thousands of good
men concerning the durability of our popular institutions and given
renewed assurance that our liberty and our Union may subsist together
for the benefit of this and all succeeding generations.

MILLARD FILLMORE.




SPECIAL MESSAGES.


WASHINGTON, _December 12, 1851_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a treaty of friendship, commerce, and navigation between
the United States and the Republic of Costa Rica, signed in this city
on the 10th day of July last.

MILLARD FILLMORE.



WASHINGTON, _December 15, 1851_.

_To the Senate of the United States_:

I transmit to the Senate a report[13] of the Secretary of State, in
answer to their resolution of the 8th of March last.

MILLARD FILLMORE.

[Footnote 13: Relating to the free navigation of the St. Lawrence, St.
John, and other large rivers, and to the free enjoyment of the British
North American fisheries by United States citizens.]



WASHINGTON, _December 15, 1851_.

_To the Senate of the United States_:

I have received a resolution of the Senate, adopted on the 12th instant,
in the following terms:

  _Resolved_, That the President of the United States be requested to
  communicate to the Senate, if not inconsistent with the public interest,
  any information the Executive may have received respecting the firing
  into and seizure of the American steamship _Prometheus_ by a British
  vessel of war in November last near Greytown, on the Mosquito Coast,
  and also what measures have been taken by the Executive to ascertain
  the state of the facts and to vindicate the honor of the country.

In answer to this request I submit to the Senate the accompanying
extracts from a communication addressed to the Department of State by
Mr. Joseph L. White, as counsel of the American, Atlantic and Pacific
Ship Canal Company, dated 2d instant.

This communication is the principal source of the information received
by the Executive in relation to the subject alluded to, and is presumed
to be essentially correct in its statement of the facts. Upon receiving
this communication instructions such as the occasion seemed to demand
were immediately dispatched to the minister of the United States in
London. Sufficient time has not elapsed for the return of any answer
to this dispatch from him, and in my judgment it would at the present
moment be inconsistent with the public interest to communicate those
instructions. A communication, however, of all the correspondence will
be made to the Senate at the earliest moment at which a proper regard
to the public interest will permit.

At the same time instructions were given to Commodore Parker, commanding
the Home Squadron, a copy of which, so far as they relate to the case of
the _Prometheus_, is herewith transmitted to the Senate.

MILLARD FILLMORE.



WASHINGTON, _December 16, 1851_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 9th instant, requesting
information in regard to the imprisonment of John S. Thrasher at Havana,
I transmit a report from the Secretary of State and the documents which
accompanied it.

MILLARD FILLMORE.



WASHINGTON, _December 16, 1851_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 8th instant, requesting
the communication of a dispatch[14] addressed to the Department of State
by Mr. Niles, late chargé d'affaires of the United States at Turin, I
transmit a report from the Secretary of State, which is accompanied by
a copy of the dispatch.

MILLARD FILLMORE.

[Footnote 14: On the subject of a ship canal between the Atlantic and
Pacific oceans.]



WASHINGTON, _December 23, 1851_.

_To the House of Representatives_:

I transmit to the House of Representatives a report from the Secretary
of State, in answer to the first part[15] of a resolution of the 15th
December, 1851, and also a report from the Secretary of the Navy, in
answer to the remaining part[16] of the same resolution.

MILLARD FILLMORE.

[Footnote 15: Relating to the conclusion of a treaty between Spain,
France, and Great Britain in respect to the island of Cuba.]

[Footnote 16: Pertaining to the relative strength of the British, French,
and United States squadrons in the West India seas, and whether
additional appropriations are necessary to increase the United States
force on that station.]



WASHINGTON, _December 23, 1851_.

_To the House of Representatives_:

In answer to a resolution of the House of Representatives of the 15th
instant, requesting information in regard to the imprisonment, trial,
and sentence of John S. Thrasher in the island of Cuba, I transmit a
report from the Secretary of State and the documents which accompanied
it.

MILLARD FILLMORE.



WASHINGTON, _December 29, 1851_.

_To the Senate and House of Representatives_:

I transmit herewith a copy of a letter of the 26th instant, addressed
to the Secretary of State by the contractors for paying the next
installment due to Mexico pursuant to the treaty of Guadalupe Hidalgo,
representing the necessity of an immediate appropriation by Congress
of the money necessary for that purpose.

MILLARD FILLMORE.



WASHINGTON, _January 2, 1852_.

_To the House of Representatives_:

As a further answer to the resolution of the House of Representatives
of the 15th ultimo, calling for information respecting the imprisonment,
trial, and sentence of John S. Thrasher in the island of Cuba, I transmit
another report from the Secretary of State.

MILLARD FILLMORE.



WASHINGTON, _January 2, 1852_.

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a copy of the resolution
adopted by the Legislative Council of Canada, together with the copy of
the note by which the resolution was communicated to this Government,
expressing the satisfaction of that Council at receiving intelligence
of certain donations in aid of the reconstruction of the library of
the Canadian Parliament.

MILLARD FILLMORE.

[The same message, dated January 6, 1852, was sent to the Senate.]



WASHINGTON, _January 3, 1852_.

_To the Senate of the United States_:

I nominate Elisha Whittlesey and Elias S. Terry to be commissioners
under the seventeenth article of the treaty concluded with the Cherokee
tribe of Indians at New Echota on the 29th day of December, 1835, to
adjudicate the claim of David Taylor for 640 acres of land, which has
been duly appraised in accordance with the terms of the ninth article
of said treaty, but not paid for. The facts of the case will more fully
appear in the accompanying papers from the Department of the Interior.

MILLARD FILLMORE.



WASHINGTON, _January 5, 1852_.

_To the House of Representatives_:

I transmit to the House of Representatives a report of the Secretary of
State, relative to the persons belonging to the expedition of Lopez who
were taken prisoners in Cuba and afterwards sent to Spain, and who have
now been pardoned and released by Her Catholic Majesty. The appropriation
the expediency of which is suggested in the report I cordially commend
to the consideration of Congress, with the single additional suggestion
that to be available it should be promptly made.

MILLARD FILLMORE.

[The same message was sent to the Senate.]



WASHINGTON, _January 9, 1852_.

_To the House of Representatives_:

In answer to a resolution of the House of Representatives of the 15th
ultimo, requesting information in regard to the Territory of Utah, I
transmit a report from the Secretary of State, to whom the resolution
was referred.

MILLARD FILLMORE.



WASHINGTON, _January 12, 1852_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 5th
instant, I herewith transmit to it a report and accompanying papers[17]
from the Secretary of State.

MILLARD FILLMORE.

[Footnote 17: Relating to a circular issued by the secretary of state
for the British colonial department relative to the employment in the
British West India colonies of free blacks and liberated slaves from
the United States.]



WASHINGTON, _January 16, 1852_.

_To the House of Representatives_:

I transmit a copy of a letter which has been addressed to me by the
secretary of the Territory of Utah since my recent message to the House
of Representatives in answer to its resolution requesting information
in regard to the affairs of that Territory.

MILLARD FILLMORE.



WASHINGTON, _January 19, 1852_.

_To the Senate and House of Representatives of the United States_:

I transmit to Congress a report from the Secretary of State, accompanied
by a letter to him from the contractors for paying the installment of
Mexican indemnity due on the 31st May next, and respectfully invite
attention to the subject.

MILLARD FILLMORE



WASHINGTON, _January 20, 1852_.

_To the Senate and House of Representatives of the United States_:

I communicate to both Houses of Congress a report from the Department
of State, containing copies of the correspondence which has taken place
between that Department and the minister of the United States in Paris
respecting the political occurrences which have recently taken place
in France.

MILLARD FILLMORE.



WASHINGTON, _January 22, 1852_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate passed March 13, 1851,
I herewith transmit a report of the Secretary of War, containing
information in regard to the claims of citizens of California for
services rendered and for money and for property furnished in 1846
and 1847 in the conquest of that country.

MILLARD FILLMORE.



WASHINGTON, _January 23, 1852_.

_To the House of Representatives_:

I transmit a report from the Secretary of State and the documents
which accompanied it, upon the subject of a resolution of the House
of Representatives of yesterday, relative to the Mexican indemnity.

MILLARD FILLMORE.



WASHINGTON, _January 28, 1852_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the
15th ultimo, requesting information respecting the seizure and
confiscation of the bark _Georgiana_, of Maine, and brig _Susan Loud_,
of Massachusetts,[18] I transmit a report from the Secretary of State
and the documents which accompanied it.

MILLARD FILLMORE.

[Footnote 18: By the Spanish or Cuban authorities]



WASHINGTON, _January 28, 1852_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the
7th August, 1850, and the 17th December, 1851, requesting information
touching the claims of citizens of the United States on the Government
of Portugal, I transmit a report from the Secretary of State and the
documents which accompanied the same.

MILLARD FILLMORE.



WASHINGTON, _February 9, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a treaty of friendship, commerce, and navigation between
the United States and the Republic of Peru, concluded and signed at
Lima on the 26th day of July last.

A copy of a dispatch of Mr. J.R. Clay, the chargé d'affaires of the
United States at Lima, to the Secretary of State, bearing date the 6th
December last, is also transmitted for the information of the Senate.

MILLARD FILLMORE.



WASHINGTON, _February 10, 1852_.

_To the Senate and House of Representatives_:

I transmit to Congress a copy of the instruction dispatched from the
Department of State to the minister of the United States at London
respecting the attack on the United States steamer _Prometheus_ in the
harbor of San Juan de Nicaragua by the British brig of war _Express_,
and also a copy of the dispatches of Mr. Lawrence to that Department and
of his correspondence with Her Britannic Majesty's principal secretary
of state for foreign affairs on the same subject.

MILLARD FILLMORE.



EXECUTIVE CHAMBER,

_Washington City, February 10, 1852_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith a report from the Secretary of the Interior,
containing a report from Thomas U. Walter, architect for the extension
of the Capitol.

MILLARD FILLMORE.



WASHINGTON, _February 12, 1852_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 26th
of December last, requesting information in regard to the seizure of the
brig _Arve_[19] at Jeremie, in the island of St. Domingo, I transmit a
report from the Secretary of State and the documents by which it was
accompanied.

MILLARD FILLMORE.

[Footnote 19: By Haytien authorities.]



WASHINGTON, _February 12, 1852_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 26th ultimo,
requesting information upon the subject of the mission of Mr. Balistier,
late consul at Singapore, to eastern Asia, I transmit a report from the
Secretary of State and the documents which accompanied it.

MILLARD FILLMORE.



WASHINGTON, _February 13, 1852_.

_To the Senate of the United States_:

I transmit herewith, for the constitutional action of the Senate,
treaties recently concluded with certain Indian tribes at Traverse des
Sioux, Mendota, Pembina, and Fort Laramie, together with communications
from the Department of the Interior and other documents connected
therewith.

MILLARD FILLMORE.



WASHINGTON, _February 14, 1852_.

_To the House of Representatives_:

I communicate to the House of Representatives herewith a report to me,
dated the 13th instant, from the Secretary of the Interior, respecting
the delay and difficulty in making the apportionment among the several
States of the Representatives in the Thirty-third Congress, as required
by the act of 23d May, 1850, in consequence of the want of full returns
of the population of the State of California, and suggesting the
necessity for remedial legislation.

The subject is one of much importance, and I earnestly commend it to
the early consideration of Congress.

MILLARD FILLMORE.

[The same message was sent to the Senate.]



WASHINGTON, _February 16, 1852_.

_To the Senate and House of Representatives of the United States_:

I transmit to Congress a letter addressed to the Secretary of State by
the commissioner of the United States under the convention with Brazil,
setting forth the obstacles which have impeded the conclusion of the
business of that commission.

MILLARD FILLMORE.



WASHINGTON, _February 16, 1852_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its consideration with a view
to ratification, a treaty of commerce and navigation concluded by the
minister resident of the United States at Constantinople with the chargé
d'affaires of the Shah of Persia at the same place. The treaty is in
the Persian and French languages, but is accompanied by an English
translation. A copy of the correspondence between the Department of
State and the legation of the United States at Constantinople on the
subject is also herewith communicated.

MILLARD FILLMORE.



WASHINGTON, _February 18, 1852_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives requesting
the official correspondence respecting an alleged misunderstanding
between Captain Long, of the Navy of the United States, and Louis
Kossuth, I transmit reports from the Secretaries of State and of the
Navy and the papers which accompanied them.

MILLARD FILLMORE.



WASHINGTON, _March 1, 1852_.

_To the Senate and House of Representatives of the United States_:

In compliance with the provisions of the act of Congress of the 11th
August, 1848, I transmit to that body the copy of a dispatch from the
commissioner _ad interim_ of the United States at Canton, together with
the copy of certain rules and regulations for masters, officers, and
seamen of vessels of the United States of America at the free ports of
China, which accompanied said dispatch, and which are submitted for the
revision of Congress.

MILLARD FILLMORE.



WASHINGTON, _March 4, 1852_.

_To the House of Representatives of the United States_:

In compliance with the resolution of the House of Representatives of the
17th ultimo, I transmit herewith a report from the Secretary of the Navy
and a report from the Solicitor of the Treasury Department in relation
to the accounts of Prosper M. Wetmore, late navy agent in the city of
New York.

MILLARD FILLMORE.



WASHINGTON, _March 4, 1852_.

_To the Senate and House of Representatives of the United States_:

I transmit to Congress a letter addressed to me by the governor of the
Territory of Minnesota, with the statements to which it refers, of the
disbursements up to the 1st of January last of the money appropriated by
the act approved June 11, 1850, for the erection of public buildings in
that Territory.

MILLARD FILLMORE.



WASHINGTON, _March 4, 1852_.

_To the Senate and House of Representatives of the United States_:

I transmit to Congress a dispatch addressed to the Secretary of State
by the minister of the United States at Mexico, and the papers therein
referred to, relative to the cemetery which has been constructed in the
neighborhood of that city as a place of sepulture for the remains of the
officers and soldiers of the United States who died or were killed in
that vicinity during the late war, and for such citizens of the United
States as may hereafter die there. A copy of the report of the agent who
was sent for the purpose of superintending the work is also herewith
transmitted. It will be seen that a sum of $2,500 or $3,000, in addition
to the amount appropriated by the act of Congress approved September 28,
1850, is represented to be necessary to carry the objects of that
appropriation into full effect. I accordingly recommend that provision
therefor may be made.

MILLARD FILLMORE.



WASHINGTON, _March 25, 1852_.

_To the House of Representatives_:

As a further answer to the resolution of the House of Representatives of
the 5th of January last, requesting information in regard to a circular
of Her Britannic Majesty's secretary of state for colonial affairs in
respect to the encouragement of the emigration of colored laborers from
the United States to the British West India islands, I transmit another
dispatch addressed to the Department of State by the minister of the
United States at London.

MILLARD FILLMORE.



WASHINGTON, _March 26, 1852_.

_To the Senate and House of Representatives of the United States_:

At the close of the commission to adjudicate upon the claims of citizens
of the United States under the treaty of Guadalupe Hidalgo I directed a
list to be made of papers which had been presented to that commission,
and, pursuant to the act of Congress approved 3d March, 1849, the papers
themselves to be carefully arranged and deposited for safe-keeping in
the Department of State. I deemed all this necessary as well for the
interest of the claimants as to secure the Government against fraudulent
claims which might be preferred hereafter. A few days since I was
surprised to learn that some of these papers had been fraudulently
abstracted by one of the claimants, and upon the case being made known
to me by the Secretary of State I referred it to the Attorney-General
for the purpose of ascertaining what punishment could be inflicted upon
the person who had been guilty of this offense.

I now communicate to you his opinion and that of the attorney of the
United States for this District, by which you will perceive that it
is doubtful whether there be any law for punishing the very grave
offense of fraudulently abstracting or mutilating the papers and public
documents in the several Departments of this Government. It appears to
me that the protection of the public records and papers requires that
such acts should be made penal and a suitable punishment inflicted upon
the offender, and I therefore bring the subject to your consideration,
to enable you to act upon it should you concur with me in this opinion.

MILLARD FILLMORE.



WASHINGTON, _March 26, 1852_.

_To the House of Representatives_:

In compliance with the resolution of the House of Representatives of
the 18th instant, I transmit a copy of the correspondence with John P.
Gaines, governor of the Territory of Oregon, relative to the seat of
government of said Territory.

MILLARD FILLMORE.



WASHINGTON, _March 29, 1852_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 24th instant,
relating to the extension of the Capitol, I have the honor to submit
herewith a report from the Secretary of the Interior, which furnishes,
it is believed, the required information.

MILLARD FILLMORE.



WASHINGTON CITY, _March 29, 1852_.

_To the Senate of the United States_:

I have the resolution of your honorable body adopted in executive
session March 24, 1852, by which I am requested to return to the Senate
the resolution advising and consenting to the appointment of George C.
Laurason as collector of the customs for the district of New Orleans,
provided a commission had not been issued to him, and in reply thereto
I would respectfully state that prior to the receipt of said resolution
I had signed the commission to Mr. Laurason and transmitted it to the
Secretary of the Treasury, to whom your resolution was immediately
referred; and I have the honor now to transmit his reply, by which
it will be seen that the commission, after having been duly executed,
was sent to the First Comptroller, where it still remains. I suppose,
according to the doctrine laid down in the case of Marbury _v._ Madison
(1 Cranch R., 137), the appointment must be deemed complete, and nothing
short of the removal of Mr. Laurason can enable me again to submit his
nomination to the consideration of the Senate; but as the commission has
not been technically issued to Mr. Laurason, I deem it most respectful
to comply with your request by returning the copy of the resolution
which notified me that the Senate advised and consented to his
appointment.

MILLARD FILLMORE.



WASHINGTON CITY, _April 6, 1852_.

_To the House of Representatives_:

In compliance with the resolution of the House of the 31st ultimo,
I have the honor herewith to transmit a report from the Secretary
of War, accompanied by the original manuscript report of Captain
Thomas J. Crane, dated February 3, 1844, on the best mode of improving
the navigation of the Ohio River at the Falls of Louisville, together
with the original maps accompanying the same.

MILLARD FILLMORE.



WASHINGTON, _April 8, 1852_.

_To the Senate of the United States_:

I herewith transmit to the Senate, in reply to their resolution of the
4th ultimo, a report from the Secretary of State, with accompanying
papers.[20]

MILLARD FILLMORE.

[Footnote 20: Relating to the relations between the United States and
Japan.]



WASHINGTON, _April 19, 1852_.

_To the Senate and House of Representatives of the United States_:

I invite the attention of Congress to the state of affairs in the
Territory of Oregon, growing out of a conflict of opinion among the
authorities of that Territory in regard to a proper construction of the
acts of Congress approved the 14th August, 1848, and 11th June, 1850,
the former entitled "An act to establish a Territorial government of
Oregon," and the latter entitled "An act to make further appropriations
for public buildings in the Territories of Minnesota and Oregon." In
order to enable Congress to understand the controversy and apply such
remedy with a view to adjust it as may be deemed expedient, I transmit--

1. An act of the legislative assembly of that Territory, passed February
1, 1851, entitled "An act to provide for the selection of places for the
location and erection of public buildings of the Territory of Oregon."

2. Governor Gaines's message to the legislative assembly of the 3d
February, 1851.

3. The opinion of the Attorney-General of the United States of 23d
April, in regard to the act of the legislative assembly of the 1st
February, 1851.

4. The opinion of the supreme court of Oregon, pronounced on the 9th
December, 1851.

5. A letter of Judge Pratt of the 15th December, 1851, dissenting from
that opinion.

6. Governor Gaines's letter to the President of the 1st January, 1852.

7. Report of the Attorney-General of the United States on that letter,
dated 22d March, 1852.

If it should be the sense of Congress that the seat of government
of Oregon has not already been established by the local authorities
pursuant to the law of the United States for the organization of that
Territory, or, if so established, should be deemed objectionable, in
order to appease the strife upon the subject which seems to have arisen
in that Territory I recommend that the seat of government be either
permanently or temporarily ordained by act of Congress, and that that
body should in the same manner express its approval or disapproval
of such laws as may have been enacted in the Territory at the place
alleged to be its seat of government, and which may be so enacted
until intelligence of the decision of Congress shall reach there.

MILLARD FILLMORE.



WASHINGTON, _May 1, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for their consideration and advice with regard
to its ratification, a convention between the United States and the Free
and Hanseatic Republics of Hamburg, Bremen, and Lubeck, signed in this
city by their respective plenipotentiaries on the 30th day of April,
A.D. 1852, for the mutual extension of the jurisdiction of consuls. A
copy of a note from the special plenipotentiary of Hamburg, Bremen, and
Lubeck accompanies the convention.

MILLARD FILLMORE.



WASHINGTON, _May 5, 1852_.

_To the Senate of the United States_:

On the 3d of March, 1849, a general convention of peace, amity,
commerce, and navigation between the United States and the Republic of
Guatemala, by Elijah Hise, the chargé d'affaires of the United States
to that Republic, on the part of this Government, and by Señor Don Jose
Mariano Rodriguez, minister for foreign affairs, on the part of the
Government of Guatemala. This convention was approved by the Senate
on the 24th of September, 1850, and by a resolution of the 27th of
that month that body authorized the ratification of this Government
to be exchanged for the ratification of the Government of Guatemala at
any time prior to the 1st of April, 1851. I accordingly ratified the
convention on the 14th of November, 1850, but there was then no person
in this country authorized to effect the exchange of ratifications on
the part of the Guatemalan Government, and the United States had no
diplomatic representative there. When, however, in the summer of 1851,
Mr. J. Bozman Kerr proceeded to Nicaragua as the chargé d'affaires of
the United States, he was empowered and instructed, when he should have
concluded the business, which it was presumed would not have detained
him long, in Nicaragua, to repair to Guatemala and effect the exchange
on the part of this Government. Circumstances, however, have hitherto
prevented him from accomplishing this object. Meanwhile Señor Don Felipe
Molina has been received as chargé d'affaires of Guatemala here, and has
been empowered to effect the exchange on the part of that Government.

I accordingly recommend that the Senate authorize a further extension
of the period for exchanging the ratifications, in order that the
convention may go into operation. It is presumed that if this
recommendation should be adopted a few weeks from the date of the
decision of the Senate upon the subject would be necessary to complete
the preparations for carrying it into effect.

MILLARD FILLMORE.



WASHINGTON, _May 29, 1852_.

_To the Senate of the United States_:

The resolution of the Senate of the 6th instant, requesting the "papers
and proofs on file in any of the Executive Departments touching the
claim of Samuel A. Belden & Co., of Brownsville, Tex., against the
Mexican Government for injuries inflicted upon said Belden & Co., as
alleged by them in violation of the treaty of Guadalupe Hidalgo," was
referred to the heads of those Departments, and the documents herewith
transmitted have been reported to me from the Department of State
as comprising all on the files of that Department called for by the
resolution, with the exception of those of a diplomatic character. As
the claim referred to is a subject of negotiation with the Mexican
Government, it is not deemed expedient at this juncture to make public
the documents which have been reserved. According to the reports of
the Secretary of the Treasury, of the Secretary of the Interior,
of the Secretary of War, of the Secretary of the Navy, and of the
Postmaster-General, there are no papers in their respective Departments
relative to the claim of Messrs. Belden & Co.

MILLARD FILLMORE.



WASHINGTON, _June 1, 1852_.

_To the Senate of the United States_:

I communicate to the Senate herewith, for its constitutional action
thereon, eighteen treaties negotiated with Indian tribes in California,
as described in the accompanying letter of the Secretary of the
Interior, dated the 22d ultimo, with a copy of the report of the
superintendent of Indian affairs for the State of California and other
correspondence in relation thereto.

MILLARD FILLMORE.



WASHINGTON, _June 11, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and the Sultan
of Borneo, signed at Bruni on the 23d of June, 1850. A copy of two
dispatches to this department from Mr. Balestier, who concluded the
convention on the part of this Government, one dated the 22d of April
and the other the 24th June, 1851, is also transmitted for the
information of the Senate. As the period limited for the exchange of the
ratifications, which is to be effected at Bruni, will expire on the 23d
instant, I recommend that if the Senate should approve the convention
authority may be given to perform that ceremony within a year from that
date. The instrument would have been submitted to the Senate in season
for the ratification to be exchanged within the stipulated time had not
Mr. Balestier's arrival with it in the United States been unavoidably
delayed.

MILLARD FILLMORE.



WASHINGTON, _June 11, 1852_.

_To the Senate and House of Representatives_:

I transmit to Congress a report from the Secretary of State, on the
subject of the disorders on the Rio Grande frontier, and recommend the
legislation which it suggests, in order that the duties and obligations
of this Government occasioned thereby may be more effectually discharged
and the peace and security of the inhabitants of the United States in
that quarter more efficiently maintained.

MILLARD FILLMORE.



WASHINGTON, _June 14, 1852_.

_To the Senate and House of Representatives_:

I transmit herewith, for your consideration, a report from the
Secretary of State, accompanied by a communication from His Excellency
Señor Don A. Calderon de la Barca, envoy extraordinary and minister
plenipotentiary of Her Catholic Majesty, claiming indemnity for those
Spanish subjects in New Orleans who sustained injury from the unlawful
violence of the mob in that city consequent upon hearing the news of the
execution of those persons who unlawfully invaded Cuba in August, 1851.
My own views of the national liability upon this subject were expressed
in the note of the Secretary of State to Mr. Calderon of the 13th
November, 1851, and I do not understand that Her Catholic Majesty's
minister controverts the correctness of the position there taken. He,
however, insists that the thirteenth article of the treaty of 1795
promises indemnity for such injuries sustained within one year after
the commencement of war between the two nations, and although he admits
this is not within the letter of the treaty, yet he conceives that, as
between two friendly nations, it is within the spirit of it.

This view of the case is at his request submitted for your
consideration, but whether you may deem it correct or not, there is,
perhaps, one ground upon which this indemnity, which can not be large in
amount, may be granted without establishing a dangerous precedent, and
the granting of which would commend itself to the generous feelings
of the entire country, and that is this: The Queen of Spain, with a
magnanimity worthy of all commendation, in a case where we had no legal
right to solicit the favor, granted a free pardon to all the persons who
had so unjustifiably invaded her dominions and murdered her subjects in
Cuba, in violation of her own laws as well as those of the United States
and the public law of nations. Such an act of mercy, which restored many
misguided and unfortunate youth of this country to their parents and
friends, seems to me to merit some corresponding act of magnanimity
and generosity on the part of the Government of this country, and I
think that there can be none more appropriate than to grant an indemnity
to those Spanish subjects who were resident among us and who suffered
by the violence of the mob, not on account of any fault which they
themselves had committed, but because they were the subjects of the
Queen of Spain. Such an act would tend to confirm that friendship which
has so long existed between the two nations and to perpetuate it as a
blessing to both, and I therefore recommend it to your favorable
consideration.

MILLARD FILLMORE.



WASHINGTON, _June 22, 1852_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State, with the
accompanying documents,[21] in compliance with the Senate's resolution
of the 29th of April last.

MILLARD FILLMORE.

[Footnote 21: Correspondence of the American chargé at Vienna on the
subject of the apprehension and imprisonment by the Austrian authorities
of Rev. Charles L. Brace, an American citizen.]



WASHINGTON, _June 22, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a convention for the mutual delivery of criminals
fugitives from justice in certain cases between the United States on
the one part and Prussia and other States of the Germanic Confederation
on the other part, signed in this city on the 16th instant.

MILLARD FILLMORE.



WASHINGTON, _June 23, 1852_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State, with the
accompanying documents,[22] in compliance with the Senate's resolution
of the 3d instant.

MILLARD FILLMORE.

[Footnote 22: Correspondence relative to the withdrawal of Mr. Hülsemann,
chargé d'affaires from Austria to the United States.]



WASHINGTON, _June 26, 1852_.

_To the Senate of the United States_:

I transmit and commend to the consideration of the Senate a report from
the Secretary of State, touching the convention between the United
States and the Mexican Republic for the mutual extradition of fugitives
from justice in certain cases, which convention I submitted to the
Senate soon after I entered upon the office of President of the United
States.

MILLARD FILLMORE.



DEPARTMENT OF STATE,

_Washington, June 26, 1852_.

The PRESIDENT OF THE UNITED STATES:

It was understood that at the close of the Administration of your
predecessor an extradition treaty was concluded in this city between the
United States and the Mexican Republic, which, however, was submitted to
the Senate by yourself, but before I entered upon my present office.

It is presumed that as the treaty has not been returned to this
Department the Senate has made no decision in regard to it.

The necessity for a compact upon that subject between the two
Governments, whose territories, being conterminous, afford great
facilities for wrongdoers in the one to screen themselves from
punishment by seeking refuge in the other, would at all times be
obvious, but at the present juncture may be considered as urgent.

I would consequently suggest that the attention of the Senate be
respectfully invited to the matter, in order that if the treaty before
them should be deemed objectionable another, embodying such amendments
as may be supposed to be necessary, may be proposed to the Mexican
Government.

Respectfully submitted,

DANL. WEBSTER.



WASHINGTON, _June 26, 1852_.

_To the Senate of the United States_:

I have received and taken into respectful consideration the resolution
of the Senate of yesterday, adopted in executive session, requesting
information in regard to supposed negotiations between the United States
and Great Britain and between the United States and the Republics of
Nicaragua and Costa Rica, respectively. Any information which may be in
the possession of the Executive on these subjects shall in due time be
laid before the Senate, but it is apprehended that it would not comport
with the public interests to communicate it under existing
circumstances.

MILLARD FILLMORE.



WASHINGTON, _June 26, 1852_.

_To the Senate of the United States_:

I have received the resolution of the Senate of the 11th instant, passed
in executive session, making inquiry respecting supposed propositions
of the King of the Sandwich Islands to convey the sovereignty of those
islands to the United States and requesting all official information in
my possession touching the subject.

This request has been taken into the most respectful consideration, but
the conclusion at which I have arrived is that the public interest would
not be promoted, but, on the contrary, might under circumstances of
possible occurrence, be seriously endangered if it were now to be
complied with.

MILLARD FILLMORE.



WASHINGTON CITY, _July 1, 1852_.

_To the Senate of the United States_:

On the 26th ultimo I received a resolution of the Senate, passed in
executive session, in the following words:

  _Resolved,_ That the President of the United States be requested to
  inform the Senate, if not in his opinion incompatible with the public
  interest, whether any convention or compact has been entered into on the
  part of the United States and the Government of Great Britain whereby
  the two Governments jointly recommend or advise the Republics of Costa
  Rica and Nicaragua, or either of those Republics, and the Mosquito
  Indians, inhabiting the Mosquito Coast, in Central America, on matters
  affecting their several and respective boundaries, or whereby any
  recommendation or advice is given to either of said Republics or said
  Indians respecting the territorial rights thereafter to be enjoyed or
  observed by them respectively, or in any other manner affecting or
  regulating the relations hereafter to be maintained between said
  Republics themselves, or either of them, and the said Indians concerning
  their territorial boundaries or other matters thereto appertaining. And
  if there be any such convention or compact, then that the President be
  requested to communicate the same, or a copy thereof, to the Senate, and
  to inform the Senate whether the same was made at the request or
  invitation of either of said Republics or of said Indians, or with their
  privity, approbation, or consent. And that the President be further
  requested to communicate to the Senate copies of all correspondence
  between the Executive and Great Britain, or with either of said
  Republics of Central America, touching said convention, and of all
  documents connected therewith. And if such convention or compact has
  been made, that the President be further requested to inform the Senate
  whether the same has been formally communicated to the respective
  Governments of Nicaragua and Costa Rica and the Mosquito Indians on the
  part of the Governments of Great Britain and the United States, and in
  what form such communications have been made to them, and that he lay
  before the Senate copies of any instructions that have been given to the
  representatives or agents of the United States at Nicaragua and Costa
  Rica touching such convention and the matters therein contained, with
  copies of like instructions to any naval officer of the United States
  relating to or in any manner concerning the said convention or its
  communication to said Republics or said Indians.


On the same day I returned the following answer to that resolution:

  I have received and taken into respectful consideration the resolution
  of the Senate of yesterday, adopted in executive session, requesting
  information in regard to supposed negotiations between the United States
  and Great Britain and between the United States and the Republics of
  Nicaragua and Costa Rica, respectively. Any information which may be in
  the possession of the Executive on these subjects shall in due time be
  laid before the Senate, but it is apprehended that it would not comport
  with the public interests to communicate it under existing
  circumstances.


Great was my surprise to observe this morning in one of the public
journals a statement of what purports to be a proposition, jointly
signed by Her Britannic Majesty's minister here and the Secretary of
State, for the adjustment of certain claims to territory between
Nicaragua, Costa Rica, and the Mosquito Indians. I have caused immediate
inquiry to be made into the origin of this highly improper publication,
and shall omit no proper or legal means for bringing it to light.
Whether it shall turn out to have been caused by unfaithfulness or
breach of duty in any officer of this Government, high or low, or by
a violation of diplomatic confidence, the appropriate remedy will be
immediately applied, as being due not only to this Government, but to
other governments. And I hold this communication to be especially proper
to be made immediately by me to the Senate, after what has transpired
on this subject, that the Senate may be perfectly assured that no
information asked by it has been withheld and at the same time permitted
to be published to the world.

This publication can not be considered otherwise than as a breach of
official duty by some officer of the Government or a gross violation of
the confidence necessary always to be reposed in the representatives of
other nations. An occurrence of this kind can not but weaken the faith
so desirable to be preserved between different governments and to injure
the negotiations now pending, and it merits the severest reprobation.

MILLARD FILLMORE.



WASHINGTON CITY, _July 2, 1852_.

_To the Senate of the United States_:

I herewith transmit, for the advice and consent of the Senate, a treaty
recently negotiated with the Chickasaw Nation of Indians.

The nature and objects of the treaty are fully explained by the report
of Mr. Harper, who negotiated it in behalf of the United States.

MILLARD FILLMORE.



WASHINGTON, _July 2, 1852_.

_To the Senate and House of Representatives_:

By an act of Congress approved on the 10th day of February, 1852, an
appropriation of $6,000 was made for the relief of _American citizens_
then lately imprisoned and pardoned by the Queen of Spain, intended
to provide for the return of such of the Cuban prisoners as were
citizens of the United States who had been transported to Spain and
there pardoned by the Spanish Government. It will be observed that no
provision was made for such foreigners or aliens as were engaged in the
Cuban expedition, and who had shared the fate of American citizens, for
whose relief the said act was intended to provide. I now transmit a
report from the First Comptroller, with accompanying papers, from which
it will be perceived that fifteen foreigners were connected with that
expedition, who were also pardoned by the Queen of Spain, and have been
transported to the United States under a contract made with our consul,
at an expense of $1,013.34, for the payment of which no provision
has been made by law. The consul having evidently acted with good
intentions, the claim is submitted for the consideration of Congress.

MILLARD FILLMORE.



WASHINGTON, _July 13, 1852_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives requesting
information relative to the policy of the Government in regard to the
island of Cuba, I transmit a report from the Department of State and
the documents by which it was accompanied.

MILLARD FILLMORE.



EXECUTIVE MANSION,

_Washington City, July 26, 1852_.

_To the Senate of the United States_:

In obedience to your resolution adopted in executive session June 11,
1852, I have the honor herewith to communicate a report[23] from the
Secretary of the Interior, containing the information called for by that
resolution.

MILLARD FILLMORE.

[Footnote 23: Relating to the boundary line between the United States
and Mexico.]



WASHINGTON, _July 27, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 19th instant,
requesting the correspondence between the Government of the United
States and that of the Mexican Republic respecting a right of way
across the Isthmus of Tehuantepec, I transmit a report from the
Department of State and the documents by which it was accompanied.

MILLARD FILLMORE.



WASHINGTON, _July 29, 1852_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 27th instant,
I transmit the copy of the notes[24] of Mr. Luis de la Rosa and Mr.
J.M. Gonzales de la Vega, which it requests.

MILLARD FILLMORE.

[Footnote 24: Upon the subject of the American and Mexican boundary
commission.]



WASHINGTON, _July 31, 1852_.

_To the Senate of the United States_:

I communicate to the Senate herewith, for its constitutional action
thereon, nineteen treaties negotiated by commissioners on the part of
the United States with various tribes of Indians in the Territory of
Oregon, accompanied by a letter to me from the Secretary of the Interior
and certain documents having reference thereto.

MILLARD FILLMORE.



WASHINGTON, _August 2, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 23d ultimo, requesting
information in regard to the fisheries on the coasts of the British
possessions in North America, I transmit a report from the Acting
Secretary of State and the documents by which it was accompanied.
Commodore M.C. Perry, with the United States steam frigate _Mississippi_
under his command, has been dispatched to that quarter for the purpose
of protecting the rights of American fishermen under the convention of
1818.

MILLARD FILLMORE.



WASHINGTON, _August 9, 1852_.

_To the House of Representatives of the United States_:

I transmit a report from the Acting Secretary of State and the documents
by which it was accompanied, in answer to a resolution of the House of
Representatives of the 22d ultimo, on the subject of the fisheries, and
state for the information of that House that the United States steam
frigate _Mississippi_ has been dispatched to the fishing grounds on the
coasts of the British possessions in North America for the purpose of
protecting the rights of American fishermen under the convention between
the United States and Great Britain of the 20th of October, 1818.

MILLARD FILLMORE.



WASHINGTON, _August 10, 1852_.

_To the Senate of the United States_:

I transmit a copy of the certificate of the exchange of the
ratifications of the general convention of peace, amity, commerce, and
navigation between the United States and the Republic of San Salvador,
signed at Leon, in Nicaragua, on the 2d of January, 1850. It will be
seen that the exchange was not effected until the 2d of June last, but
that it was stipulated that the convention was not to be binding upon
either of the parties thereto until the Senate of the United States
should have duly sanctioned the exchange.

The Senate by its resolution of the 27th of September, 1850, authorized
the exchange to take place at any time prior to the 1st of April, 1851.

Mr. Kerr, the chargé d'affaires of the United States to Nicaragua,
however, who was authorized to make the exchange on the part of this
Government, was unavoidably detained in that Republic, in consequence of
which the exchange could not be effected within the period referred to.

The expediency of sanctioning the exchange which has been made by
Mr. Kerr, and of authorizing the convention to go into effect, is
accordingly submitted to the consideration of the Senate.

MILLARD FILLMORE.



WASHINGTON, _August 12, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate dated the 20th ultimo,
requesting information in regard to controversies between the consul of
the United States at Acapulco and the Mexican authorities, I transmit
a report from the Secretary of State and the documents by which it was
accompanied.

MILLARD FILLMORE.



WASHINGTON, _August 13, 1852_.

_To the Senate of the United States_:

I transmit a report from the Secretary of State upon the subject of the
relations between the United States and the Republics of Nicaragua and
Costa Rica, in Central America, which has been delayed longer than I
desired in consequence of the ill health of the Secretary of State.

MILLARD FILLMORE.



WASHINGTON, _August 14, 1852_.

_To the Senate of the United States_:

I have received a resolution from your honorable body of the 6th
instant, appearing to have been adopted in open legislative session,
requesting me "to inform the Senate, if not incompatible with the public
interests, whether any propositions have been made by the King of the
Sandwich Islands to transfer the sovereignty of these islands to the
United States, and to communicate to the Senate all the official
information on that subject in my possession;" in reply to which I have
to state that on or about the 12th day of June last I received a similar
resolution from the Senate adopted in executive or secret session, to
which I returned an answer stating that in my opinion a communication of
the information requested at that juncture would not comport with the
public interest. Nothing has since transpired to change my views on that
subject, and I therefore feel constrained again to decline giving the
information asked.

MILLARD FILLMORE.



WASHINGTON, _August 21, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 9th instant, requesting
information touching the Lobos Islands, I transmit a report from the
Secretary of State and the documents by which it was accompanied. The
instructions to the squadron of the United States called for by the
resolution will be communicated on an early future occasion.

MILLARD FILLMORE.



WASHINGTON, _August 27, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 14th ultimo, requesting
a copy of the correspondence of Mr. R.M. Walsh while he was employed
as a special agent of this Government in the island of St. Domingo,
I transmit a report from the Secretary of State and the documents by
which it was accompanied.

MILLARD FILLMORE.



WASHINGTON, _August 27, 1852_.

_To the Senate of the United States_:

I transmit a further report from the Secretary of State relative to the
Lobos Islands. This report is accompanied by a copy of the orders of the
Navy Department to Commodore McCauley, requested by the resolution of
the Senate of the 9th instant.

MILLARD FILLMORE.



WASHINGTON, _August 27, 1852_.

_To the Senate of the United States_:

As it is not deemed advisable that the instruction to Mr. R.M. Walsh,[25]
a copy of which is herewith transmitted, should be published at this
time, I communicate it confidentially to the Senate in executive
session.

MILLARD FILLMORE.

[Footnote 25: Special agent of the United States in the island of St.
Domingo.]



WASHINGTON, _August 27, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a supplementary convention relative to commerce and
navigation between the United States and the Netherlands, signed
in this city on the 26th instant.

MILLARD FILLMORE.



WASHINGTON, _August 27, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and Belgium for
regulating the right of inheriting and acquiring property, signed in
this city on the 25th instant.

MILLARD FILLMORE.



WASHINGTON, _August 31, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 21st instant,
requesting information in respect to foreign postal arrangements, and
especially cheap ocean postage, I transmit a report of the Secretary
of State and the documents by which it was accompanied.

MILLARD FILLMORE.




EXECUTIVE ORDERS.



WASHINGTON CITY,

_May 17, 1852_.

The SECRETARY OF WAR.

MY DEAR SIR: I have just issued an authority to Hugh Maxwell, collector
at New York, under the eighth section of the act of April 20, 1818,
to arrest any unlawful expedition that may be attempted to be fitted
out within his district, and I have given him power to call upon
any military and naval officers that may be there to aid him in the
execution of this duty; and I will thank you to issue the necessary
instructions to the proper military officer in that district.

I am, your obedient servant,

MILLARD FILLMORE.



WASHINGTON CITY,

_Tuesday, June 29, 1852--12.30 o'clock p.m._

SIR:[26] The tolling bells announce the death of the Hon. Henry Clay.
Though this event has been long anticipated, yet the painful bereavement
could never be fully realized. I am sure all hearts are too sad at this
moment to attend to business, and I therefore respectfully suggest that
your Department be closed for the remainder of the day.

I have the honor to be, your obedient servant,

MILLARD FILLMORE.

[Footnote 26: Addressed to the heads of the several Executive
Departments.]



WASHINGTON, _September 13, 1852_.

General Jos. G. TOTTEN.

SIR: I have to acknowledge the receipt of your favor of the 11th instant
and to say that I shall be pleased if you will cause the necessary
surveys, projects, and estimates for determining the best means of
affording the cities of Washington and Georgetown an unfailing and
abundant supply of good and wholesome water to be made as soon as
possible.

I am, very respectfully, your obedient servant,

MILLARD FILLMORE.



[From the Daily National Intelligencer, October 26, 1852.]

EXECUTIVE MANSION,

_Washington, Monday Morning, October 25, 1852_.

The ACTING SECRETARY OF STATE and the SECRETARIES OF THE TREASURY,
INTERIOR, WAR, NAVY, the ATTORNEY-GENERAL and POSTMASTER-GENERAL.

GENTLEMEN: The painful intelligence received yesterday enforces upon me
the sad duty of announcing to the Executive Departments the death of the
Secretary of State. Daniel Webster died at Marshfield, in Massachusetts,
on Sunday, the 24th of October, between 2 and 3 o'clock in the morning.

Whilst this irreparable loss brings its natural sorrow to every American
heart and will be heard far beyond our borders with mournful respect
wherever civilization has nurtured men who find in transcendent
intellect and faithful, patriotic service a theme for praise, it
will visit with still more poignant emotion his colleagues in the
Administration, with whom his relations have been so intimate and
so cordial.

The fame of our illustrious statesman belongs to his country, the
admiration of it to the world. The record of his wisdom will inform
future generations not less than its utterance has enlightened the
present. He has bequeathed to posterity the richest fruits of the
experience and judgment of a great mind conversant with the greatest
national concerns. In these his memory will endure as long as our
country shall continue to be the home and guardian of freemen.

The people will share with the Executive Departments in the common
grief which bewails his departure from amongst us.

In the expression of individual regret at this afflicting event the
Executive Departments of the Government will be careful to manifest
every observance of honor which custom has established as appropriate
to the memory of one so eminent as a public functionary and so
distinguished as a citizen.

The Acting Secretary of State will communicate this sad intelligence to
the diplomatic corps near this Government and, through our ministers
abroad, to foreign governments.

The members of the Cabinet are requested, as a further testimony of
respect for the deceased, to wear the usual badges of mourning for
thirty days.

I am, gentlemen, your obedient servant,

MILLARD FILLMORE.




THIRD ANNUAL MESSAGE.


WASHINGTON, _December 6, 1852_.

_Fellow-Citizens of the Senate and of the House of Representatives_:

The brief space which has elapsed since the close of your last session
has been marked by no extraordinary political event. The quadrennial
election of Chief Magistrate has passed off with less than the usual
excitement. However individuals and parties may have been disappointed
in the result, it is, nevertheless, a subject of national congratulation
that the choice has been effected by the independent suffrages of a free
people, undisturbed by those influences which in other countries have
too often affected the purity of popular elections.

Our grateful thanks are due to an all-merciful Providence, not only
for staying the pestilence which in different forms has desolated some
of our cities, but for crowning the labors of the husbandman with an
abundant harvest and the nation generally with the blessings of peace
and prosperity.

Within a few weeks the public mind has been deeply affected by the
death of Daniel Webster, filling at his decease the office of Secretary
of State. His associates in the executive government have sincerely
sympathized with his family and the public generally on this mournful
occasion. His commanding talents, his great political and professional
eminence, his well-tried patriotism, and his long and faithful services
in the most important public trusts have caused his death to be lamented
throughout the country and have earned for him a lasting place in our
history.

In the course of the last summer considerable anxiety was caused for
a short time by an official intimation from the Government of Great
Britain that orders had been given for the protection of the fisheries
upon the coasts of the British Provinces in North America against the
alleged encroachments of the fishing vessels of the United States and
France. The shortness of this notice and the season of the year seemed
to make it a matter of urgent importance. It was at first apprehended
that an increased naval force had been ordered to the fishing grounds
to carry into effect the British interpretation of those provisions in
the convention of 1818 in reference to the true intent of which the two
Governments differ. It was soon discovered that such was not the design
of Great Britain, and satisfactory explanations of the real objects of
the measure have been given both here and in London.

The unadjusted difference, however, between the two Governments as to
the interpretation of the first article of the convention of 1818 is
still a matter of importance. American fishing vessels, within nine or
ten years, have been excluded from waters to which they had free access
for twenty-five years after the negotiation of the treaty. In 1845 this
exclusion was relaxed so far as concerns the Bay of Fundy, but the just
and liberal intention of the home Government, in compliance with what
we think the true construction of the convention, to open all the
other outer bays to our fishermen was abandoned in consequence of the
opposition of the colonies. Notwithstanding this, the United States
have, since the Bay of Fundy was reopened to our fishermen in 1845,
pursued the most liberal course toward the colonial fishing interests.
By the revenue law of 1846 the duties on colonial fish entering our
ports were very greatly reduced, and by the warehousing act it is
allowed to be entered in bond without payment of duty. In this way
colonial fish has acquired the monopoly of the export trade in our
market and is entering to some extent into the home consumption. These
facts were among those which increased the sensibility of our fishing
interest at the movement in question.

These circumstances and the incidents above alluded to have led me to
think the moment favorable for a reconsideration of the entire subject
of the fisheries on the coasts of the British Provinces, with a view to
place them upon a more liberal footing of reciprocal privilege. A
willingness to meet us in some arrangement of this kind is understood to
exist on the part of Great Britain, with a desire on her part to include
in one comprehensive settlement as well this subject as the commercial
intercourse between the United States and the British Provinces. I have
thought that, whatever arrangements may be made on these two subjects,
it is expedient that they should be embraced in separate conventions.
The illness and death of the late Secretary of State prevented the
commencement of the contemplated negotiation. Pains have been taken to
collect the information required for the details of such an arrangement.
The subject is attended with considerable difficulty. If it is found
practicable to come to an agreement mutually acceptable to the two
parties, conventions may be concluded in the course of the present
winter. The control of Congress over all the provisions of such an
arrangement affecting the revenue will of course be reserved.

The affairs of Cuba formed a prominent topic in my last annual message.
They remain in an uneasy condition, and a feeling of alarm and
irritation on the part of the Cuban authorities appears to exist. This
feeling has interfered with the regular commercial intercourse between
the United States and the island and led to some acts of which we have
a right to complain. But the Captain-General of Cuba is clothed with no
power to treat with foreign governments, nor is he in any degree under
the control of the Spanish minister at Washington. Any communication
which he may hold with an agent of a foreign power is informal and
matter of courtesy. Anxious to put an end to the existing inconveniences
(which seemed to rest on a misconception), I directed the newly
appointed minister to Mexico to visit Havana on his way to Vera Cruz.
He was respectfully received by the Captain-General, who conferred with
him freely on the recent occurrences, but no permanent arrangement was
effected.

In the meantime the refusal of the Captain-General to allow passengers
and the mail to be landed in certain cases, for a reason which does not
furnish, in the opinion of this Government, even a good presumptive
ground for such prohibition, has been made the subject of a serious
remonstrance at Madrid, and I have no reason to doubt that due respect
will be paid by the Government of Her Catholic Majesty to the
representations which our minister has been instructed to make on the
subject.

It is but justice to the Captain-General to add that his conduct toward
the steamers employed to carry the mails of the United States to Havana
has, with the exceptions above alluded to, been marked with kindness and
liberality, and indicates no general purpose of interfering with the
commercial correspondence and intercourse between the island and this
country.

Early in the present year official notes were received from the
ministers of France and England inviting the Government of the United
States to become a party with Great Britain and France to a tripartite
convention, in virtue of which the three powers should severally and
collectively disclaim now and for the future all intention to obtain
possession of the island of Cuba, and should bind themselves to
discountenance all attempts to that effect on the part of any power or
individual whatever. This invitation has been respectfully declined, for
reasons which it would occupy too much space in this communication to
state in detail, but which led me to think that the proposed measure
would be of doubtful constitutionality, impolitic, and unavailing. I
have, however, in common with several of my predecessors, directed the
ministers of France and England to be assured that the United States
entertain no designs against Cuba, but that, on the contrary, I should
regard its incorporation into the Union at the present time as fraught
with serious peril.

Were this island comparatively destitute of inhabitants or occupied by a
kindred race, I should regard it, if voluntarily ceded by Spain, as a
most desirable acquisition. But under existing circumstances I should
look upon its incorporation into our Union as a very hazardous measure.
It would bring into the Confederacy a population of a different national
stock, speaking a different language, and not likely to harmonize with
the other members. It would probably affect in a prejudicial manner the
industrial interests of the South, and it might revive those conflicts
of opinion between the different sections of the country which lately
shook the Union to its center, and which have been so happily
compromised.

The rejection by the Mexican Congress of the convention which had been
concluded between that Republic and the United States for the protection
of a transit way across the Isthmus of Tehuantepec and of the interests
of those citizens of the United States who had become proprietors of
the rights which Mexico had conferred on one of her own citizens in
regard to that transit has thrown a serious obstacle in the way of the
attainment of a very desirable national object. I am still willing to
hope that the differences on the subject which exist, or may hereafter
arise, between the Governments will be amicably adjusted. This subject,
however, has already engaged the attention of the Senate of the United
States, and requires no further comment in this communication.

The settlement of the question respecting the port of San Juan de
Nicaragua and of the controversy between the Republics of Costa Rica and
Nicaragua in regard to their boundaries was considered indispensable to
the commencement of the ship canal between the two oceans, which was the
subject of the convention between the United States and Great Britain
of the 19th of April, 1850. Accordingly, a proposition for the same
purposes, addressed to the two Governments in that quarter and to the
Mosquito Indians, was agreed to in April last by the Secretary of State
and the minister of Her Britannic Majesty. Besides the wish to aid in
reconciling the differences of the two Republics, I engaged in the
negotiation from a desire to place the great work of a ship canal
between the two oceans under one jurisdiction and to establish the
important port of San Juan de Nicaragua under the government of a
civilized power. The proposition in question was assented to by Costa
Rica and the Mosquito Indians. It has not proved equally acceptable
to Nicaragua, but it is to be hoped that the further negotiations on
the subject which are in train will be carried on in that spirit of
conciliation and compromise which ought always to prevail on such
occasions, and that they will lead to a satisfactory result.

I have the satisfaction to inform you that the executive government of
Venezuela has acknowledged some claims of citizens of the United States
which have for many years past been urged by our chargé d'affaires at
Caracas. It is hoped that the same sense of justice will actuate the
Congress of that Republic in providing the means for their payment.

The recent revolution in Buenos Ayres and the Confederated States having
opened the prospect of an improved state of things in that quarter, the
Governments of Great Britain and France determined to negotiate with the
chief of the new confederacy for the free access of their commerce to
the extensive countries watered by the tributaries of the La Plata; and
they gave a friendly notice of this purpose to the United States, that
we might, if we thought proper, pursue the same course. In compliance
with this invitation, our minister at Rio Janeiro and our chargé
d'affaires at Buenos Ayres have been fully authorized to conclude
treaties with the newly organized confederation or the States composing
it. The delays which have taken place in the formation of the new
government have as yet prevented the execution of those instructions,
but there is every reason to hope that these vast countries will be
eventually opened to our commerce.

A treaty of commerce has been concluded between the United States and
the Oriental Republic of Uruguay, which will be laid before the Senate.
Should this convention go into operation, it will open to the commercial
enterprise of our citizens a country of great extent and unsurpassed in
natural resources, but from which foreign nations have hitherto been
almost wholly excluded.

The correspondence of the late Secretary of State with the Peruvian
chargé d'affaires relative to the Lobos Islands was communicated to
Congress toward the close of the last session. Since that time, on
further investigation of the subject, the doubts which had been
entertained of the title of Peru to those islands have been removed,
and I have deemed it just that the temporary wrong which had been
unintentionally done her from want of information should be repaired
by an unreserved acknowledgment of her sovereignty.

I have the satisfaction to inform you that the course pursued by Peru
has been creditable to the liberality of her Government. Before it was
known by her that her title would be acknowledged at Washington, her
minister of foreign affairs had authorized our chargé d'affaires at Lima
to announce to the American vessels which had gone to the Lobos for
guano that the Peruvian Government was willing to freight them on its
own account. This intention has been carried into effect by the Peruvian
minister here by an arrangement which is believed to be advantageous to
the parties in interest.

Our settlements on the shores of the Pacific have already given a great
extension, and in some respects a new direction, to our commerce in that
ocean. A direct and rapidly increasing intercourse has sprung up with
eastern Asia. The waters of the Northern Pacific, even into the Arctic
Sea, have of late years been frequented by our whalemen. The application
of steam to the general purposes of navigation is becoming daily more
common, and makes it desirable to obtain fuel and other necessary
supplies at convenient points on the route between Asia and our Pacific
shores. Our unfortunate countrymen who from time to time suffer
shipwreck on the coasts of the eastern seas are entitled to protection.
Besides these specific objects, the general prosperity of our States on
the Pacific requires that an attempt should be made to open the opposite
regions of Asia to a mutually beneficial intercourse. It is obvious that
this attempt could be made by no power to so great advantage as by
the United States, whose constitutional system excludes every idea of
distant colonial dependencies. I have accordingly been led to order an
appropriate naval force to Japan, under the command of a discreet and
intelligent officer of the highest rank known to our service. He is
instructed to endeavor to obtain from the Government of that country
some relaxation of the inhospitable and antisocial system which it has
pursued for about two centuries. He has been directed particularly to
remonstrate in the strongest language against the cruel treatment to
which our shipwrecked mariners have often been subjected and to insist
that they shall be treated with humanity. He is instructed, however,
at the same time, to give that Government the amplest assurances that
the objects of the United States are such, and such only, as I have
indicated, and that the expedition is friendly and peaceful.
Notwithstanding the jealousy with which the Governments of eastern
Asia regard all overtures from foreigners, I am not without hopes of a
beneficial result of the expedition. Should it be crowned with success,
the advantages will not be confined to the United States, but, as in the
case of China, will be equally enjoyed by all the other maritime powers.
I have much satisfaction in stating that in all the steps preparatory to
this expedition the Government of the United States has been materially
aided by the good offices of the King of the Netherlands, the only
European power having any commercial relations with Japan.

In passing from this survey of our foreign relations, I invite the
attention of Congress to the condition of that Department of the
Government to which this branch of the public business is intrusted. Our
intercourse with foreign powers has of late years greatly increased,
both in consequence of our own growth and the introduction of many new
states into the family of nations. In this way the Department of State
has become overburdened. It has by the recent establishment of the
Department of the Interior been relieved of some portion of the domestic
business. If the residue of the business of that kind--such as the
distribution of Congressional documents, the keeping, publishing, and
distribution of the laws of the United States, the execution of the
copyright law, the subject of reprieves and pardons, and some other
subjects relating to interior administration--should be transferred from
the Department of State, it would unquestionably be for the benefit of
the public service. I would also suggest that the building appropriated
to the State Department is not fireproof; that there is reason to think
there are defects in its construction, and that the archives of the
Government in charge of the Department, with the precious collections of
the manuscript papers of Washington, Jefferson, Hamilton, Madison, and
Monroe, are exposed to destruction by fire. A similar remark may be made
of the buildings appropriated to the War and Navy Departments.

The condition of the Treasury is exhibited in the annual report from
that Department.

The cash receipts into the Treasury for the fiscal year ending the
30th June last, exclusive of trust funds, were $49,728,386.89, and
the expenditures for the same period, likewise exclusive of trust
funds, were $46,007,896.20, of which $9,455,815.83 was on account
of the principal and interest of the public debt, including the last
installment of the indemnity to Mexico under the treaty of Guadalupe
Hidalgo, leaving a balance of $14,632,136.37 in the Treasury on the
1st day of July last. Since this latter period further purchases
of the principal of the public debt have been made to the extent of
$2,456,547.49, and the surplus in the Treasury will continue to be
applied to that object whenever the stock can be procured within the
limits as to price authorized by law.

The value of foreign merchandise imported during the last fiscal year
was $207,240,101, and the value of domestic productions exported was
$149,861,911, besides $17,204,026 of foreign merchandise exported,
making the aggregate of the entire exports $167,065,937. Exclusive of
the above, there was exported $42,507,285 in specie, and imported from
foreign ports $5,262,643.

In my first annual message to Congress I called your attention to what
seemed to me some defects in the present tariff, and recommended such
modifications as in my judgment were best adapted to remedy its evils
and promote the prosperity of the country. Nothing has since occurred
to change my views on this important question.

Without repeating the arguments contained in my former message in favor
of discriminating protective duties, I deem it my duty to call your
attention to one or two other considerations affecting this subject.
The first is the effect of large importations of foreign goods upon
our currency. Most of the gold of California, as fast as it is coined,
finds its way directly to Europe in payment for goods purchased.
In the second place, as our manufacturing establishments are broken
down by competition with foreigners, the capital invested in them is
lost, thousands of honest and industrious citizens are thrown out of
employment, and the farmer, to that extent, is deprived of a home market
for the sale of his surplus produce. In the third place, the destruction
of our manufactures leaves the foreigner without competition in our
market, and he consequently raises the price of the article sent here
for sale, as is now seen in the increased cost of iron imported from
England. The prosperity and wealth of every nation must depend upon its
productive industry. The farmer is stimulated to exertion by finding a
ready market for his surplus products, and benefited by being able to
exchange them without loss of time or expense of transportation for the
manufactures which his comfort or convenience requires. This is always
done to the best advantage where a portion of the community in which
he lives is engaged in other pursuits. But most manufactures require
an amount of capital and a practical skill which can not be commanded
unless they be protected for a time from ruinous competition from
abroad. Hence the necessity of laying those duties upon imported goods
which the Constitution authorizes for revenue in such a manner as to
protect and encourage the labor of our own citizens. Duties, however,
should not be fixed at a rate so high as to exclude the foreign article,
but should be so graduated as to enable the domestic manufacturer
fairly to compete with the foreigner in our own markets, and by this
competition to reduce the price of the manufactured article to the
consumer to the lowest rate at which it can be produced. This policy
would place the mechanic by the side of the farmer, create a mutual
interchange of their respective commodities, and thus stimulate the
industry of the whole country and render us independent of foreign
nations for the supplies required by the habits or necessities of
the people.

Another question, wholly independent of protection, presents itself,
and that is, whether the duties levied should be upon the value of
the article at the place of shipment, or, where it is practicable,
a specific duty, graduated according to quantity, as ascertained by
weight or measure. All our duties are at present _ad valorem_. A
certain percentage is levied on the price of the goods at the port
of shipment in a foreign country. Most commercial nations have found it
indispensable, for the purpose of preventing fraud and perjury, to make
the duties specific whenever the article is of such a uniform value in
weight or measure as to justify such a duty. Legislation should never
encourage dishonesty or crime. It is impossible that the revenue
officers at the port where the goods are entered and the duties paid
should know with certainty what they cost in the foreign country. Yet
the law requires that they should levy the duty according to such cost.
They are therefore compelled to resort to very unsatisfactory evidence
to ascertain what that cost was. They take the invoice of the importer,
attested by his oath, as the best evidence of which the nature of the
case admits. But everyone must see that the invoice may be fabricated
and the oath by which it is supported false, by reason of which the
dishonest importer pays a part only of the duties which are paid by the
honest one, and thus indirectly receives from the Treasury of the United
States a reward for his fraud and perjury. The reports of the Secretary
of the Treasury heretofore made on this subject show conclusively that
these frauds have been practiced to a great extent. The tendency is to
destroy that high moral character for which our merchants have long been
distinguished, to defraud the Government of its revenue, to break down
the honest importer by a dishonest competition, and, finally, to
transfer the business of importation to foreign and irresponsible
agents, to the great detriment of our own citizens. I therefore again
most earnestly recommend the adoption of specific duties wherever it
is practicable, or a home valuation, to prevent these frauds.

I would also again call your attention to the fact that the present
tariff in some cases imposes a higher duty upon the raw material
imported than upon the article manufactured from it, the consequence of
which is that the duty operates to the encouragement of the foreigner
and the discouragement of our own citizens.

For full and detailed information in regard to the general condition
of our Indian affairs, I respectfully refer you to the report of the
Secretary of the Interior and the accompanying documents.

The Senate not having thought proper to ratify the treaties which have
been negotiated with the tribes of Indians in California and Oregon, our
relations with them have been left in a very unsatisfactory condition.

In other parts of our territory particular districts of country have
been set apart for the exclusive occupation of the Indians, and their
right to the lands within those limits has been acknowledged and
respected. But in California and Oregon there has been no recognition by
the Government of the exclusive right of the Indians to any part of the
country. They are therefore mere tenants at sufferance, and liable to be
driven from place to place at the pleasure of the whites.

The treaties which have been rejected proposed to remedy this evil
by allotting to the different tribes districts of country suitable
to their habits of life and sufficient for their support. This provision,
more than any other, it is believed, led to their rejection; and as
no substitute for it has been adopted by Congress, it has not been
deemed advisable to attempt to enter into new treaties of a permanent
character, although no effort has been spared by temporary arrangements
to preserve friendly relations with them.

If it be the desire of Congress to remove them from the country
altogether, or to assign to them particular districts more remote from
the settlements of the whites, it will be proper to set apart by law the
territory which they are to occupy and to provide the means necessary
for removing them to it. Justice alike to our own citizens and to the
Indians requires the prompt action of Congress on this subject.

The amendments proposed by the Senate to the treaties which were
negotiated with the Sioux Indians of Minnesota have been submitted to
the tribes who were parties to them, and have received their assent.
A large tract of valuable territory has thus been opened for settlement
and cultivation, and all danger of collision with these powerful and
warlike bands has been happily removed.

The removal of the remnant of the tribe of Seminole Indians from Florida
has long been a cherished object of the Government, and it is one to
which my attention has been steadily directed. Admonished by past
experience of the difficulty and cost of the attempt to remove them
by military force, resort has been had to conciliatory measures.
By the invitation of the Commissioner of Indian Affairs, several of
the principal chiefs recently visited Washington, and whilst here
acknowledged in writing the obligation of their tribe to remove with
the least possible delay. Late advices from the special agent of the
Government represent that they adhere to their promise, and that a
council of their people has been called to make their preliminary
arrangements. A general emigration may therefore be confidently
expected at an early day.

The report from the General Land Office shows increased activity in
its operations. The survey of the northern boundary of Iowa has been
completed with unexampled dispatch. Within the last year 9,522,953
acres of public land have been surveyed and 8,032,463 acres brought
into market.

                                                            Acres.
  In the last fiscal year there were sold..............  1,553,071
  Located with bounty-land warrants....................  3,201,314
  Located with other certificates......................    115,682
                                                         ---------
  Making a total of....................................  4,870,067
  In addition there were--
  Reported under swamp-land grants.....................  5,219,188
  For internal improvements, railroads, etc............  3,025,920
                                                         ---------
  Making an aggregate of............................... 13,115,175


Being an increase of the amount sold and located under land warrants of
569,220 acres over the previous year.

The whole amount thus sold, located under land warrants, reported under
swamp-land grants, and selected for internal improvements exceeds that
of the previous year by 3,342,372 acres; and the sales would without
doubt have been much larger but for the extensive reservations for
railroads in Missouri, Mississippi, and Alabama.

                                                            Acres.
  For the quarter ending 30th September, 1852, there
                                          were sold.....   243,255
  Located with bounty-land warrants..................... 1,387,116
  Located with other certificates.......................    15,649
  Reported under swamp-land grants...................... 2,485,233
                                                         ---------
  Making an aggregate for the quarter of................ 4,131,253


Much the larger portion of the labor of arranging and classifying the
returns of the last census has been finished, and it will now devolve
upon Congress to make the necessary provision for the publication of
the results in such form as shall be deemed best. The apportionment
of representation on the basis of the new census has been made by the
Secretary of the Interior in conformity with the provisions of law
relating to that subject, and the recent elections have been made in
accordance with it.

I commend to your favorable regard the suggestion contained in the
report of the Secretary of the Interior that provision be made by law
for the publication and distribution, periodically, of an analytical
digest of all the patents which have been or may hereafter be granted
for useful inventions and discoveries, with such descriptions and
illustrations as may be necessary to present an intelligible view of
their nature and operation. The cost of such publication could easily
be defrayed out of the patent fund, and I am persuaded that it could be
applied to no object more acceptable to inventors and beneficial to the
public at large.

An appropriation of $100,000 having been made at the last session for
the purchase of a suitable site and for the erection, furnishing, and
fitting up of an asylum for the insane of the District of Columbia and
of the Army and Navy of the United States, the proper measures have been
adopted to carry this beneficent purpose into effect.

By the latest advices from the Mexican boundary commission it appears
that the survey of the river Gila from its confluence with the Colorado
to its supposed intersection with the western line of New Mexico has
been completed. The survey of the Rio Grande has also been finished from
the point agreed on by the commissioners as "the point where it strikes
the southern boundary of New Mexico" to a point 135 miles below Eagle
Pass, which is about two-thirds of the distance along the course of the
river to its mouth.

The appropriation which was made at the last session of Congress for the
continuation of the survey is subject to the following proviso:

  _Provided_, That no part of this appropriation shall be used or
  expended until it shall be made satisfactorily to appear to the
  President of the United States that the southern boundary of New
  Mexico is not established by the commissioner and surveyor of the
  United States farther north of the town called "Paso" than the same
  is laid down in Disturnell's map, which is added to the treaty.


My attention was drawn to this subject by a report from the Department
of the Interior, which reviewed all the facts of the case and submitted
for my decision the question whether under existing circumstances any
part, of the appropriation could be lawfully used or expended for the
further prosecution of the work. After a careful consideration of the
subject I came to the conclusion that it could not, and so informed
the head of that Department. Orders were immediately issued by him to
the commissioner and surveyor to make no further requisitions on the
Department, as they could not be paid, and to discontinue all operations
on the southern line of New Mexico. But as the Department had no exact
information as to the amount of provisions and money which remained
unexpended in the hands of the commissioner and surveyor, it was left
discretionary with them to continue the survey down the Rio Grande as
far as the means at their disposal would enable them or at once to
disband the commission. A special messenger has since arrived from the
officer in charge of the survey on the river with information that the
funds subject to his control were exhausted and that the officers and
others employed in the service were destitute alike of the means of
prosecuting the work and of returning to their homes.

The object of the proviso was doubtless to arrest the survey of the
southern and western lines of New Mexico, in regard to which different
opinions have been expressed; for it is hardly to be supposed that there
could be any objection to that part of the line which extends along the
channel of the Rio Grande. But the terms of the law are so broad as to
forbid the use of any part of the money for the prosecution of the work,
or even for the payment to the officers and agents of the arrearages of
pay which are justly due to them.

I earnestly invite your prompt attention to this subject, and recommend
a modification of the terms of the proviso, so as to enable the
Department to use as much of the appropriation as will be necessary
to discharge the existing obligations of the Government and to complete
the survey of the Rio Grande to its mouth.

It will also be proper to make further provision by law for the
fulfillment of our treaty with Mexico for running and marking the
residue of the boundary line between the two countries.

Permit me to invite your particular attention to the interests of the
District of Columbia, which are confided by the Constitution to your
peculiar care.

Among the measures which seem to me of the greatest importance to its
prosperity are the introduction of a copious supply of water into the
city of Washington and the construction of suitable bridges across the
Potomac to replace those which were destroyed by high water in the early
part of the present year.

At the last session of Congress an appropriation was made to defray
the cost of the surveys necessary for determining the best means of
affording an unfailing supply of good and wholesome water. Some progress
has been made in the survey, and as soon as it is completed the result
will be laid before you.

Further appropriations will also be necessary for grading and paving the
streets and avenues and inclosing and embellishing the public grounds
within the city of Washington.

I commend all these objects, together with the charitable institutions
of the District, to your favorable regard.

Every effort has been made to protect our frontier and that of the
adjoining Mexican States from the incursions of the Indian tribes.
Of about 11,000 men of which the Army is composed, nearly 8,000 are
employed in the defense of the newly acquired territory (including
Texas) and of emigrants proceeding thereto. I am gratified to say that
these efforts have been unusually successful. With the exception of some
partial outbreaks in California and Oregon and occasional depredations
on a portion of the Rio Grande, owing, it is believed, to the disturbed
state of that border region, the inroads of the Indians have been
effectually restrained.

Experience has shown, however, that whenever the two races are brought
into contact collisions will inevitably occur. To prevent these
collisions the United States have generally set apart portions of
their territory for the exclusive occupation of the Indian tribes. A
difficulty occurs, however, in the application of this policy to Texas.
By the terms of the compact by which that State was admitted into the
Union she retained the ownership of all the vacant lands within her
limits. The government of that State, it is understood, has assigned no
portion of her territory to the Indians, but as fast as her settlements
advance lays it off into counties and proceeds to survey and sell it.
This policy manifestly tends not only to alarm and irritate the Indians,
but to compel them to resort to plunder for subsistence. It also
deprives this Government of that influence and control over them without
which no durable peace can ever exist between them and the whites. I
trust, therefore, that a due regard for her own interests, apart from
considerations of humanity and justice, will induce that State to assign
a small portion of her vast domain for the provisional occupancy of the
small remnants of tribes within her borders, subject, of course, to her
ownership and eventual jurisdiction. If she should fail to do this, the
fulfillment of our treaty stipulations with Mexico and our duty to the
Indians themselves will, it is feared, become a subject of serious
embarrassment to the Government. It is hoped, however, that a timely
and just provision by Texas may avert this evil.

No appropriations for fortifications were made at the two last sessions
of Congress. The cause of this omission is probably to be found in a
growing belief that the system of fortifications adopted in 1816, and
heretofore acted on, requires revision.

The subject certainly deserves full and careful investigation, but
it should not be delayed longer than can be avoided. In the meantime
there are certain works which have been commenced, some of them nearly
completed, designed to protect our principal seaports from Boston to New
Orleans and a few other important points. In regard to the necessity for
these works, it is believed that little difference of opinion exists
among military men. I therefore recommend that the appropriations
necessary to prosecute them be made.

I invite your attention to the remarks on this subject and on others
connected with his Department contained in the accompanying report of
the Secretary of War.

Measures have been taken to carry into effect the law of the last
session making provision for the improvement of certain rivers and
harbors, and it is believed that the arrangements made for that purpose
will combine efficiency with economy. Owing chiefly to the advanced
season when the act was passed, little has yet been done in regard
to many of the works beyond making the necessary preparations. With
respect to a few of the improvements, the sums already appropriated
will suffice to complete them; but most of them will require additional
appropriations. I trust that these appropriations will be made, and
that this wise and beneficent policy, so auspiciously resumed, will be
continued. Great care should be taken, however, to commence no work
which is not of sufficient importance to the commerce of the country
to be viewed as national in its character. But works which have been
commenced should not be discontinued until completed, as otherwise the
sums expended will in most cases be lost.

The report from the Navy Department will inform you of the prosperous
condition of the branch of the public service committed to its charge.
It presents to your consideration many topics and suggestions of which
I ask your approval. It exhibits an unusual degree of activity in the
operations of the Department during the past year. The preparations for
the Japan expedition, to which I have already alluded; the arrangements
made for the exploration and survey of the China Seas, the Northern
Pacific, and Behrings Straits; the incipient measures taken toward a
reconnaissance of the continent of Africa eastward of Liberia; the
preparation for an early examination of the tributaries of the river La
Plata, which a recent decree of the provisional chief of the Argentine
Confederation has opened to navigation--all these enterprises and the
means by which they are proposed to be accomplished have commanded my
full approbation, and I have no doubt will be productive of most useful
results.

Two officers of the Navy were heretofore instructed to explore the whole
extent of the Amazon River from the confines of Peru to its mouth. The
return of one of them has placed in the possession of the Government an
interesting and valuable account of the character and resources of a
country abounding in the materials of commerce, and which if opened to
the industry of the world will prove an inexhaustible fund of wealth.
The report of this exploration will be communicated to you as soon as
it is completed.

Among other subjects offered to your notice by the Secretary of the
Navy, I select for special commendation, in view of its connection
with the interests of the Navy, the plan submitted by him for the
establishment of a permanent corps of seamen and the suggestions he
has presented for the reorganization of the Naval Academy.

In reference to the first of these, I take occasion to say that I think
it will greatly improve the efficiency of the service, and that I regard
it as still more entitled to favor for the salutary influence it must
exert upon the naval discipline, now greatly disturbed by the increasing
spirit of insubordination resulting from our present system. The plan
proposed for the organization of the seamen furnishes a judicious
substitute for the law of September, 1850, abolishing corporal
punishment, and satisfactorily sustains the policy of that act under
conditions well adapted to maintain the authority of command and the
order and security of our ships. It is believed that any change which
proposes permanently to dispense with this mode of punishment should be
preceded by a system of enlistment which shall supply the Navy with
seamen of the most meritorious class, whose good deportment and pride
of character may preclude all occasion for a resort to penalties of a
harsh or degrading nature. The safety of a ship and her crew is often
dependent upon immediate obedience to a command, and the authority to
enforce it must be equally ready. The arrest of a refractory seaman
in such moments not only deprives the ship of indispensable aid, but
imposes a necessity for double service on others, whose fidelity to
their duties may be relied upon in such an emergency. The exposure to
this increased and arduous labor since the passage of the act of 1850
has already had, to a most observable and injurious extent, the effect
of preventing the enlistment of the best seamen in the Navy. The plan
now suggested is designed to promote a condition of service in which
this objection will no longer exist. The details of this plan may be
established in great part, if not altogether, by the Executive under the
authority of existing laws, but I have thought it proper, in accordance
with the suggestion of the Secretary of the Navy, to submit it to your
approval.

The establishment of a corps of apprentices for the Navy, or boys to
be enlisted until they become of age, and to be employed under such
regulations as the Navy Department may devise, as proposed in the
report, I cordially approve and commend to your consideration; and
I also concur in the suggestion that this system for the early training
of seamen may be most usefully ingrafted upon the service of our merchant
marine.

The other proposition of the report to which I have referred--the
reorganization of the Naval Academy--I recommend to your attention as a
project worthy of your encouragement and support. The valuable services
already rendered by this institution entitle it to the continuance of
your fostering care.

Your attention is respectfully called to the report of the
Postmaster-General for the detailed operation of his Department during
the last fiscal year, from which it will be seen that the receipts from
postages for that time were less by $1,431,696 than for the preceding
fiscal year, being a decrease of about 23 per cent.

This diminution is attributable to the reduction in the rates of postage
made by the act of March 3, 1851, which reduction took effect at the
commencement of the last fiscal year.

Although in its operation during the last year the act referred to
has not fulfilled the predictions of its friends by increasing the
correspondence of the country in proportion to the reduction of postage,
I should, nevertheless, question the policy of returning to higher
rates. Experience warrants the expectation that as the community becomes
accustomed to cheap postage correspondence will increase. It is believed
that from this cause and from the rapid growth of the country in
population and business the receipts of the Department must ultimately
exceed its expenses, and that the country may safely rely upon the
continuance of the present cheap rate of postage.

In former messages I have, among other things, respectfully recommended
to the consideration of Congress the propriety and necessity of further
legislation for the protection and punishment of foreign consuls
residing in the United States; to revive, with certain modifications,
the act of 10th March, 1838, to restrain unlawful military expeditions
against the inhabitants of conterminous states or territories; for the
preservation and protection from mutilation or theft of the papers,
records, and archives of the nation; for authorizing the surplus revenue
to be applied to the payment of the public debt in advance of the time
when it will become due; for the establishment of land offices for the
sale of the public lands in California and the Territory of Oregon;
for the construction of a road from the Mississippi Valley to the
Pacific Ocean; for the establishment of a bureau of agriculture for the
promotion of that interest, perhaps the most important in the country;
for the prevention of frauds upon the Government in applications for
pensions and bounty lands; for the establishment of a uniform fee bill,
prescribing a specific compensation for every service required of
clerks, district attorneys, and marshals; for authorizing an additional
regiment of mounted men for the defense of our frontiers against the
Indians and for fulfilling our treaty stipulations with Mexico to defend
her citizens against the Indians "with equal diligence and energy as our
own;" for determining the relative rank between the naval and civil
officers in our public ships and between the officers of the Army
and Navy in the various grades of each; for reorganizing the naval
establishment by fixing the number of officers in each grade, and
providing for a retired list upon reduced pay of those unfit for active
duty; for prescribing and regulating punishments in the Navy; for the
appointment of a commission to revise the public statutes of the United
States by arranging them in order, supplying deficiencies, correcting
incongruities, simplifying their language, and reporting them to
Congress for its final action; and for the establishment of a commission
to adjudicate and settle private claims against the United States. I am
not aware, however, that any of these subjects have been finally acted
upon by Congress. Without repeating the reasons for legislation on these
subjects which have been assigned in former messages, I respectfully
recommend them again to your favorable consideration.

I think it due to the several Executive Departments of this Government
to bear testimony to the efficiency and integrity with which they are
conducted. With all the careful superintendence which it is possible for
the heads of those Departments to exercise, still the due administration
and guardianship of the public money must very much depend on the
vigilance, intelligence, and fidelity of the subordinate officers and
clerks, and especially on those intrusted with the settlement and
adjustment of claims and accounts. I am gratified to believe that they
have generally performed their duties faithfully and well. They are
appointed to guard the approaches to the public Treasury, and they
occupy positions that expose them to all the temptations and seductions
which the cupidity of peculators and fraudulent claimants can prompt
them to employ. It will be but a wise precaution to protect the
Government against that source of mischief and corruption, as far as it
can be done, by the enactment of all proper legal penalties. The laws
in this respect are supposed to be defective, and I therefore deem it
my duty to call your attention to the subject and to recommend that
provision be made by law for the punishment not only of those who shall
accept bribes, but also of those who shall either promise, give, or
offer to give to any of those officers or clerks a bribe or reward
touching or relating to any matter of their official action or duty.

It has been the uniform policy of this Government, from its foundation
to the present day, to abstain from all interference in the domestic
affairs of other nations. The consequence has been that while the
nations of Europe have been engaged in desolating wars our country has
pursued its peaceful course to unexampled prosperity and happiness. The
wars in which we have been compelled to engage in defense of the rights
and honor of the country have been, fortunately, of short duration.
During the terrific contest of nation against nation which succeeded
the French Revolution we were enabled by the wisdom and firmness of
President Washington to maintain our neutrality. While other nations
were drawn into this wide-sweeping whirlpool, we sat quiet and unmoved
upon our own shores. While the flower of their numerous armies was
wasted by disease or perished by hundreds of thousands upon the
battlefield, the youth of this favored land were permitted to enjoy the
blessings of peace beneath the paternal roof. While the States of Europe
incurred enormous debts, under the burden of which their subjects still
groan, and which must absorb no small part of the product of the honest
industry of those countries for generations to come, the United States
have once been enabled to exhibit the proud spectacle of a nation free
from public debt, and if permitted to pursue our prosperous way for a
few years longer in peace we may do the same again.

But it is now said by some that this policy must be changed. Europe is
no longer separated from us by a voyage of months, but steam navigation
has brought her within a few days' sail of our shores. We see more of
her movements and take a deeper interest in her controversies. Although
no one proposes that we should join the fraternity of potentates who
have for ages lavished the blood and treasure of their subjects in
maintaining "the balance of power," yet it is said that we ought to
interfere between contending sovereigns and their subjects for the
purpose of overthrowing the monarchies of Europe and establishing
in their place republican institutions. It is alleged that we have
heretofore pursued a different course from a sense of our weakness, but
that now our conscious strength dictates a change of policy, and that it
is consequently our duty to mingle in these contests and aid those who
are struggling for liberty.

This is a most seductive but dangerous appeal to the generous sympathies
of freemen. Enjoying, as we do, the blessings of a free Government,
there is no man who has an American heart that would not rejoice to see
these blessings extended to all other nations. We can not witness the
struggle between the oppressed and his oppressor anywhere without the
deepest sympathy for the former and the most anxious desire for his
triumph. Nevertheless, is it prudent or is it wise to involve ourselves
in these foreign wars? Is it indeed true that we have heretofore
refrained from doing so merely from the degrading motive of a conscious
weakness? For the honor of the patriots who have gone before us, I can
not admit it. Men of the Revolution, who drew the sword against the
oppressions of the mother country and pledged to Heaven "their lives,
their fortunes, and their sacred honor" to maintain their freedom, could
never have been actuated by so unworthy a motive. They knew no weakness
or fear where right or duty pointed the way, and it is a libel upon
their fair fame for us, while we enjoy the blessings for which they so
nobly fought and bled, to insinuate it. The truth is that the course
which they pursued was dictated by a stern sense of international
justice, by a statesmanlike prudence and a far-seeing wisdom, looking
not merely to the present necessities but to the permanent safety and
interest of the country. They knew that the world is governed less by
sympathy than by reason and force; that it was not possible for this
nation to become a "propagandist" of free principles without arraying
against it the combined powers of Europe, and that the result was
more likely to be the overthrow of republican liberty here than its
establishment there. History has been written in vain for those who
can doubt this. France had no sooner established a republican form of
government than she manifested a desire to force its blessings on all
the world. Her own historian informs us that, hearing of some petty
acts of tyranny in a neighboring principality, "the National Convention
declared that she would afford succor and fraternity to all nations
who wished to recover their liberty, and she gave it in charge to the
executive power to give orders to the generals of the French armies
to aid all citizens who might have been or should be oppressed in the
cause of liberty." Here was the false step which led to her subsequent
misfortunes. She soon found herself involved in war with all the rest
of Europe. In less than ten years her Government was changed from a
republic to an empire, and finally, after shedding rivers of blood,
foreign powers restored her exiled dynasty and exhausted Europe sought
peace and repose in the unquestioned ascendency of monarchical
principles. Let us learn wisdom from her example. Let us remember that
revolutions do not always establish freedom. Our own free institutions
were not the offspring of our Revolution. They existed before. They
were planted in the free charters of self-government under which the
English colonies grew up, and our Revolution only freed us from the
dominion of a foreign power whose government was at variance with
those institutions. But European nations have had no such training for
self-government, and every effort to establish it by bloody revolutions
has been, and must without that preparation continue to be, a failure.
Liberty unregulated by law degenerates into anarchy, which soon becomes
the most horrid of all despotisms. Our policy is wisely to govern
ourselves, and thereby to set such an example of national justice,
prosperity, and true glory as shall teach to all nations the blessings
of self-government and the unparalleled enterprise and success of a free
people.

We live in an age of progress, and ours is emphatically a country of
progress. Within the last half century the number of States in this
Union has nearly doubled, the population has almost quadrupled, and our
boundaries have been extended from the Mississippi to the Pacific. Our
territory is checkered over with railroads and furrowed with canals. The
inventive talent of our country is excited to the highest pitch, and the
numerous applications for patents for valuable improvements distinguish
this age and this people from all others. The genius of one American has
enabled our commerce to move against wind and tide and that of another
has annihilated distance in the transmission of intelligence. The
whole country is full of enterprise. Our common schools are diffusing
intelligence among the people and our industry is fast accumulating the
comforts and luxuries of life. This is in part owing to our peculiar
position, to our fertile soil and comparatively sparse population;
but much of it is also owing to the popular institutions under which
we live, to the freedom which every man feels to engage in any useful
pursuit according to his taste or inclination, and to the entire
confidence that his person and property will be protected by the laws.
But whatever may be the cause of this unparalleled growth in population,
intelligence, and wealth, one thing is clear--that the Government must
keep pace with the progress of the people. It must participate in their
spirit of enterprise, and while it exacts obedience to the laws and
restrains all unauthorized invasions of the rights of neighboring
states, it should foster and protect home industry and lend its powerful
strength to the improvement of such means of intercommunication as are
necessary to promote our internal commerce and strengthen the ties which
bind us together as a people.

It is not strange, however much it may be regretted, that such an
exuberance of enterprise should cause some individuals to mistake change
for progress and the invasion of the rights of others for national
prowess and glory. The former are constantly agitating for some change
in the organic law, or urging new and untried theories of human rights.
The latter are ever ready to engage in any wild crusade against a
neighboring people, regardless of the justice of the enterprise and
without looking at the fatal consequences to ourselves and to the cause
of popular government. Such expeditions, however, are often stimulated
by mercenary individuals, who expect to share the plunder or profit of
the enterprise without exposing themselves to danger, and are led on by
some irresponsible foreigner, who abuses the hospitality of our own
Government by, seducing the young and ignorant to join in his scheme of
personal ambition or revenge under the false and delusive pretense of
extending the area of freedom. These reprehensible aggressions but
retard the true progress of our nation and tarnish its fair fame. They
should therefore receive the indignant frowns of every good citizen who
sincerely loves his country and takes a pride in its prosperity and
honor.

Our Constitution, though not perfect, is doubtless the best that ever
was formed. Therefore let every proposition to change it be well weighed
and, if found beneficial, cautiously adopted. Every patriot will rejoice
to see its authority so exerted as to advance the prosperity and honor
of the nation, whilst he will watch with jealousy any attempt to
mutilate this charter of our liberties or pervert its powers to acts
of aggression or injustice. Thus shall conservatism and progress blend
their harmonious action in preserving the form and spirit of the
Constitution and at the same time carry forward the great improvements
of the country with a rapidity and energy which freemen only can
display.

In closing this my last annual communication, permit me,
fellow-citizens, to congratulate you on the prosperous condition of
our beloved country. Abroad its relations with all foreign powers are
friendly, its rights are respected, and its high place in the family of
nations cheerfully recognized. At home we enjoy an amount of happiness,
public and private, which has probably never fallen to the lot of
any other people. Besides affording to our own citizens a degree of
prosperity of which on so large a scale I know of no other instance,
our country is annually affording a refuge and a home to multitudes,
altogether without example, from the Old World.

We owe these blessings, under Heaven, to the happy Constitution and
Government which were bequeathed to us by our fathers, and which it is
our sacred duty to transmit in all their integrity to our children. We
must all consider it a great distinction and privilege to have been
chosen by the people to bear a part in the administration of such a
Government. Called by an unexpected dispensation to its highest trust at
a season of embarrassment and alarm, I entered upon its arduous duties
with extreme diffidence. I claim only to have discharged them to the
best of an humble ability, with a single eye to the public good, and
it is with devout gratitude in retiring from office that I leave the
country in a state of peace and prosperity.

MILLARD FILLMORE.




SPECIAL MESSAGES.


WASHINGTON, _December 7, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a treaty of friendship, commerce, and navigation, between
the United States and the Oriental Republic of Uruguay, signed at
Montevideo on the 28th of August last.

MILLARD FILLMORE.



WASHINGTON, _December 8, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, an additional article, signed in this city on the 16th
ultimo, to the convention for the mutual delivery of criminals fugitives
from justice in certain cases between the United States on the one part
and Prussia and other States of the Germanic Confederation on the other
part, concluded on the 15th of June, 1852.

MILLARD FILLMORE.



WASHINGTON, _January 4, 1853_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 30th ultimo, requesting
information in regard to the establishment of a new British colony in
Central America, I transmit a report from the Secretary of State and
the documents by which it was accompanied.

MILLARD FILLMORE.



WASHINGTON, _January 4, 1853_.

_To the Senate of the United States_:

In answer to the Senate's resolution of the 3d instant, calling for
information relative to a proposed tripartite convention on the subject
of the island of Cuba, I transmit to the Senate a report from the
Secretary of State and the papers which accompanied it.

MILLARD FILLMORE.



WASHINGTON, _January 12, 1853_.

_To the Senate of the United States_:

In pursuance of the eleventh article of the treaty with the Chickasaw
Indians signed on the 20th day of October, 1832, I herewith transmit a
recommendation from the Secretary of the Treasury for the investment
of a portion of the funds belonging to said nation, for the purpose of
obtaining the advice and consent of the Senate to make the investment
as therein recommended.

MILLARD FILLMORE.



WASHINGTON, _January 12, 1853_.

_To the Senate of the United States_:

In reply to the resolution of your honorable body of the 5th instant,
I herewith communicate a report of the Secretary of the Interior giving
the information[27] required.

MILLARD FILLMORE.

[Footnote 27: Relating to the Mexican boundary commission.]



_To the Senate of the United States_:

In answer to the resolution of the Senate dated the 13th ultimo,
requesting further information in regard to the imprisonment of the
United States consul and of other American citizens in the castle at
Acapulco, I transmit a report from the Secretary of State and the
documents by which it is accompanied.

MILLARD FILLMORE.

JANUARY 17, 1853.



WASHINGTON, _January 17, 1853_.

_To the Senate and House of Representatives_:

I transmit herewith a communication lately received at the Department of
State from the minister of Her Most Catholic Majesty, accompanied by a
letter of instructions from the Spanish Government relative to the case
of the _Amistad_. In Mr. Calderon's communication reference is had to
former letters addressed by him to the Department of State on the same
subject, copies of which are herewith transmitted, and an earnest wish
is expressed that a final settlement of this long-pending claim should
be made. The tone of the letter of instructions from Mr. Manuel Bertran
de Lis is somewhat more peremptory than could be wished, but this
circumstance will not, probably, prevent Congress from giving his
suggestions the attention to which they may be entitled.

The claim of the Spanish Government on behalf of its subjects interested
in the _Amistad_ was the subject of discussion during the Administration
of President Tyler between the Spanish minister and Mr. Webster, then
Secretary of State. In an elaborate letter of the latter, addressed to
the Chevalier d'Argais on the 1st of September, 1841, the opinion is
confidently maintained that the claim is unfounded. The Administration
of President Polk took a different view of the matter. The justice of
the claim was recognized in a letter from the Department of State to the
Spanish minister of the 19th of March, 1847, and in his annual message
of the same year the President recommended its payment.

Under these circumstances the attention of Congress is again invited to
the subject. Respect to the Spanish Government demands that its urgent
representation should be candidly and impartially weighed. If Congress
should be of opinion that the claim is just, every consideration points
to the propriety of its prompt recognition and payment, and if the two
Houses should come to the opposite conclusion it is equally desirable
that the result should be announced without unnecessary delay.

MILLARD FILLMORE.



WASHINGTON, _January 18, 1853_.

_To the Senate and House of Representatives of the United States_:

I have the honor herewith to transmit a report from the Secretary of
the Interior, from which it appears that the efforts of that Department
to induce the Indians remaining in Florida to migrate to the country
assigned to their tribe west of the Mississippi have been entirely
unsuccessful. The only alternative that now remains is either to compel
them by force to comply with the treaty made with the tribe in May,
1832, by which they agreed to migrate within three years from that
date, or allow the arrangement made with them in 1842, referred to in
the Secretary's report, by which they were permitted to remain in the
temporary occupancy of a portion of the peninsula until the Government
should see fit to remove them, to continue.

It can not be denied that the withholding so large a portion of her
territory from settlement is a source of injury to the State of Florida;
and although, ever since the arrangement above referred to, the Indians
have manifested a desire to remain at peace with the whites, the
presence of a people who may at any time and upon any real or fancied
provocation be driven to acts of hostility is a source of constant
anxiety and alarm to the inhabitants on that border.

There can be no doubt, also, that the welfare of the Indians would be
promoted by their removal from a territory where frequent collisions
between them and their more powerful neighbors are daily becoming more
inevitable.

On the other hand, there is every reason to believe that any
manifestation of a design to remove them by force or to take possession
of the territory allotted to them would be immediately retaliated by
acts of cruelty on the defenseless inhabitants.

The number of Indians now remaining in the State is, it is true, very
inconsiderable (not exceeding, it is believed, 500), but owing to the
extent of the country occupied by them and its adaptation to their
peculiar mode of warfare, a force very disproportioned to their numbers
would be necessary to capture them, or even to protect the white
settlements from their incursions. The military force now stationed in
that State would be inadequate to these objects, and if it should be
determined to enforce their removal or to survey the territory allotted
to them some addition to it would be necessary, as the Government has
but a small force available for that service. Additional appropriations
for the support of the Army would also, in that event, be necessary.

For these reasons I have deemed it proper to submit the whole matter to
Congress, for such action as they may deem best.

MILLARD FILLMORE.



WASHINGTON, _January 19, 1853_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 27th
ultimo, requesting information relative to the claims on Spain in the
cases of the bark _Georgiana_ and the brig _Susan Loud, I_ transmit a
report from the Secretary of State, to whom the resolution was referred.

MILLARD FILLMORE.



WASHINGTON, _January 21, 1853_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 10th instant,
requesting certain correspondence relative to Central America, I
transmit a report from the Secretary of State and the documents by
which it was accompanied.

MILLARD FILLMORE.



WASHINGTON, _January 24, 1853_.

_To the House of Representatives of the United States_:

In obedience to a resolution of your honorable body of December 27,
1852, in reference to claims of custom-house officers for additional
pay, I have the honor herewith to transmit a report from the Secretary
of the Treasury giving the desired information; and in answer to the
seventh interrogatory, asking "whether in my opinion further legislation
is necessary or advisable either to protect the Treasury from unjust
claims or to secure to the claimants their just rights," I would state
that in my opinion no further legislation is necessary to effect either
object. My views on this subject will be more fully seen on reference to
an opinion given by me to the Secretary of the Treasury, a copy of which
is annexed to his report.

MILLARD FILLMORE.



WASHINGTON, _January 24, 1853_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 14th instant, relative
to the award of the Emperor Louis Napoleon, of France, in the case of
the brig _General Armstrong_, I transmit a report from the Secretary of
State and the documents by which it was accompanied.

MILLARD FILLMORE.



WASHINGTON, _January 27, 1853_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 13th instant,
requesting a copy of correspondence and other documents relative
to Nicaragua, Costa Rica, and the territory claimed by the Mosquito
Indians, I transmit a report of the Secretary of State, to whom the
resolution was referred.

MILLARD FILLMORE.



WASHINGTON, _January 27, 1853_.

_To the House of Representatives_:

Since my last message to your honorable body, communicating a report
from the Treasury Department, in answer to your resolution of the 3d
instant [27th ultimo?], in reference to the compensation of weighers and
gangers, further communications on that subject have been received from
New Orleans, which have just been reported to me by the Secretary of the
Treasury and which I deem it my duty to communicate to the House.

MILLARD FILLMORE.



WASHINGTON, _February 3, 1853_.

_To the Senate of the United States_:

I transmit herewith to the Senate in a new draft the convention with the
Swiss Confederation, originally negotiated at Berne and concluded in
that city on the 25th of November, 1850. On the 7th of March, 1851, it
was considered by the Senate of the United States, whose assent was
given to it with certain amendments, as will appear from the Journal of
the Senate of that day. The convention was sent back to Switzerland with
these alterations, which were taken into consideration by the Government
of that Confederation, whose action in the premises will be learned by a
letter from its President of the 5th of July, 1852.

The modifications which the Government of the Swiss Confederation are
desirous of introducing into the amendments made by the Senate of the
United States and the articles affected by them are not inconsistent
with the object and spirit of those amendments, and appear to me to
proceed upon a reasonable principle of compromise.

I have thought it expedient, in submitting them to the Senate with a
view to their advice and consent to the ratification of the treaty in
its present form, to have the entire instrument taken into a continuous
draft, as well the portions--by far the greater part--already assented
to by the Senate as the modifications proposed by the Government of the
Swiss Confederation in reference to these amendments. In preparing the
new draft a few slight alterations have been made in the modifications
proposed by the Swiss Government.

Should the convention receive the approbation of the Senate in its
present form, it will be immediately transmitted to Switzerland for
ratification by the Swiss Confederation.

The delays which have taken place in the negotiation of this treaty have
been principally caused by the want of a resident diplomatic agent of
the United States at Berne, and are among the reasons for which an
appropriation for a chargé d'affaires to that Government has recently,
by my direction, been recommended in a letter from the Department of
State to the chairman of the Committee on Foreign Relations of the
Senate.

MILLARD FILLMORE.



WASHINGTON, _February 3, 1853_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 11th ultimo,
asking for information with regard to the execution of the postal
convention between the United States and Great Britain, I transmit a
report from the Secretary of State and the documents which accompanied
it.

MILLARD FILLMORE.



WASHINGTON, _February 7, 1853_.

_To the Senate and House of Representatives_:

Having in my message to Congress at the opening of the session adverted
to the pending negotiations between this Government and that of Great
Britain relative to the fisheries and commercial reciprocity with the
British American Provinces, I transmit for the information of Congress
the accompanying report from the Department of State on the present
state of the negotiations, and I respectfully invite the attention of
the two Houses to the suggestion in the latter part of the report.

MILLARD FILLMORE.



WASHINGTON, _February 9, 1853_.

_To the Senate and House of Representatives_:

I herewith transmit a communication from the Secretary of the Navy,
accompanied by the first part of Lieutenant Herndon's report of the
exploration of the valley of the Amazon and its tributaries, made by him
in connection with lieutenant Gardner Gibbon, under instructions from
the Navy Department.

MILLARD FILLMORE.



WASHINGTON, _February 14, 1853_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its consideration with a
view to ratification, a convention on the subject of the extradition
of fugitives from justice between the United States and Belgium,
concluded and signed in this city on the 11th instant by the respective
plenipotentiaries.

MILLARD FILLMORE.



WASHINGTON, _February 18, 1853_.

_To the Senate and House of Representatives_:

I transmit a report from the Secretary of State, embodying the substance
of recent communications made by the minister of Her Britannic Majesty
to the Department of State on the subject of the interoceanic canal by
the Nicaragua route, which formed the chief object of the treaty between
the United States and Great Britain of the 19th April, 1850, and the
relations of Great Britain to the protectorate of Mosquito, which she
expresses herself desirous of relinquishing on terms consistent with
her honorable engagements to the Indians of that name.

In consequence of these communications and other considerations stated
in the report, it is deemed advisable by the Department that our
diplomatic relations with the States of Central America should be placed
on a higher and more efficient footing, and this measure meets my
approbation. The whole subject is one of so much delicacy and importance
that I should have preferred, so near the close of my Administration,
not to make it the subject of an Executive communication. But inasmuch
as the measure proposed can not, even if deemed expedient by my
successor, take effect for near a twelvemonth unless an appropriation is
made by this Congress, I have thought it my duty to submit the report of
the Department to the two Houses. The importance of the measure seemed
to require an exposition somewhat in detail of the grounds on which it
is recommended.

MILLARD FILLMORE.



WASHINGTON, _February 18, 1853_.

_To the Senate of the United States_:

I transmit to the Senate, with the view to its ratification, a
convention which was yesterday concluded between the United States
and Great Britain for the establishment of international copyright.

MILLARD FILLMORE.



WASHINGTON, _February 19, 1853_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 14th instant, relative
to the fisheries on the coasts of Florida, I transmit herewith a report
from the Secretary of State and the documents which accompanied it.

MILLARD FILLMORE.



WASHINGTON, _February 21, 1853_.

_To the Senate of the United States_:

In compliance with your resolution of the 19th of February instant,
I herewith communicate a report from the Secretary of War, containing
the report of Lieutenant Meigs, of the Engineer Corps, on the surveys,
projects, and estimates for supplying the cities of Washington and
Georgetown with an unfailing and abundant supply of water.

MILLARD FILLMORE.



WASHINGTON, _February 21, 1853_.

_To the Senate of the United States_:

I have the honor to transmit herewith a report from the Secretary of
the Treasury of the 21st instant, in reference to the reinvestment of
certain moneys belonging to the Chickasaw Nation of Indians which will
come into the Treasury during the succeeding vacation of the Senate,
and I respectfully concur in the recommendation made by the Secretary.

MILLARD FILLMORE.



WASHINGTON, _February 23, 1853_.

_To the Senate of the United States_:

I transmit to the Senate, for advice and consent with a view to
ratification, a convention between the United States and Her Britannic
Majesty for the adjustment of certain claims of citizens of the United
States on the British Government and of British subjects on the
Government of the United States, signed in London on the 8th instant.
Although it is stipulated by the terms of the first article of the
convention that the commissioner on the part of this Government shall be
appointed by the President of the United States, it is not understood
that this stipulation was intended to dispense with the concurrence of
the Senate in such appointment.

MILLARD FILLMORE.



WASHINGTON, _February 25, 1853_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to
ratification, a consular convention concluded in this city on the
23d instant between the United States and His Majesty the Emperor
of the French.

MILLARD FILLMORE.



WASHINGTON, _February 26, 1853_.

_To the Senate of the United States_:

I transmit a copy of a proclamation of yesterday, which I deemed it
advisable to issue, relative to an extraordinary session of the Senate
on the 4th of March next.

MILLARD FILLMORE.



WASHINGTON, _February 28, 1853_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 17th January last,
requesting information in regard to the fisheries on the coasts of the
British North American Provinces, I transmit a report from the Secretary
of State and the documents which accompanied it.

MILLARD FILLMORE.



WASHINGTON, _February 28, 1853_.

_To the Senate of the United States_:

I herewith transmit, for the consideration and advice of the Senate, a
treaty recently entered into with the Apache Indians in New Mexico by
Colonel Stunner and Mr. Greiner, acting on behalf of the United States,
together with the letter of Colonel Sumner on the subject of the treaty
and reports thereon from the Commissioner of Indian Affairs and the
Secretary of the Interior.

MILLARD FILLMORE.




PROCLAMATION.


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.


The attention of the President having been called to the proceedings of
Congress at the close of its session on the 4th of March, 1851, from
which it appears that the constitutional term of that body was held
not to have expired until 12 o'clock at noon of that day, and a notice
having been issued, agreeably to former usage, to convene the Senate at
11 o'clock a. m. on the 4th of March next, it is apparent that such call
is in conflict with the decision aforesaid:

Now, therefore, as well for the purpose of removing all doubt as to the
legality of such call as of establishing a precedent of what is deemed
a proper mode of convening the Senate, I, Millard Fillmore, President
of the United States, have considered it to be my duty to issue this
my proclamation, revoking said call and hereby declaring that an
extraordinary occasion requires the Senate of the United States to
convene for the transaction of business at the Capitol, in the city of
Washington, on Friday, the 4th day of March next, at 12 o'clock at noon
of that day, of which all who shall at that time be entitled to act as
members of that body are hereby required to take notice.

[SEAL.]

Given under my hand and the seal of the United States, at Washington,
this 25th day of February, A.D. 1853, and of the Independence Of the
United States the seventy-seventh.

MILLARD FILLMORE.

By the President:
  EDWARD EVERETT,
    _Secretary of State_.