Evening Star Newspaper, December 4, 1858, Page 5

PRESIDENTS MESSA Pill ne citisens of the Senate anid House of Reprenentatives : Whon we compare the courdition ef the country at the preset day with what it was one year ago, at the meet- ing of Con 3 have much reason for gratitude to thet Almighty Providence, which has never failed to in- terpose for our relief, at the most critical poriods of our history @ne year azo, the sectional strife between the North and the South on the dangerous subject of slavery, had again become so intense as to threaten the peace and perpetuity of the confederacy. The application for the admission of Kansas as « State into the Union, fostered this unkappy agitation, and brought the whole subject once more before Congress. It was the desire of every | patriot that such measures of legislation might be adopted, as would remove the excitement from the States, and confine it to the Territory where it legitimately belonged. Much has been done, | am happy to say, to- wards the accomplishment of this object, during the last session of Congress. ‘The Supreme Court of the United States had previous- ly decided, that all American citizens have an equal right to take into the Territories, whatevur is held as property uuder the laws of any of the States, and to hold such property there under the gaardianship of the federal con- stitution, so long as the territorial condition shall re- main ‘This is now a well-established position, and the pro- ceedings of the last session were alone wanting to give it practical eifect. The principle has been recognised, in some form or other, by an almost unanimous vote of both houses of Congress, that a Territory has a right to come into the Union either as a free or a slave State, according to the will of a majority of its people. The just equality of all the States has thus been viudicated, and « fruitful source of dangerous dissension amouz thei has been re- moved. Whilst such has been the beneficial tendency of your legislative proceedings outside of Kansas, their intluence has nowhere been so happy as within that Territory it- self. Left to manage and control its own affairs in its own way, without the pressure of external influence, the revolutionary Topeka organization and all resistance to the territorial government established by Congress, have been finally abandoned. Asa natural consequcnee, that fine Territory now appears to be tranquil and prosperous, and is attracting increasing thousands of immigrants to make it their bappy home. The past unfortunate experience of Kansas has enforced the lesson so oftan already taught, that resistance to law- fal authority, under our form of govern it, cannot tail im the end ty prove disastrous to its anthors. Had tho "tom constitution, the peuple of Kansis had claimed ‘President’s Message. WASHINGTON CITY, DECEMBER 6, 1858. double the quautity of public lands for the support of eommon schools, which had ever been previously granted to any State upon entering the Union ; and also the al- tornate sections of land for twelve miles on each side of two railroads, proposed to be constructed from the north- ern to the southern boundary, and from the eastern to the western boundary of the State. C deoming these claims unreasonable, provided, by the act of May 4, 1858, to which I have just referred, for the ad- mission of the State on an equal footing with the original States, but ‘upon FS fundamental condition precedent’’ that a majority Of the people thereof, at an election to be held for that purpose, should, in place of the very large grants of public lands which they had de- manded under the ordinance, accept such grants as bad been made to Minnesota and other new States. Under this act, should a majority reject the proposition offered thom, ‘it shall be deemed and held that the people of Kansas do not desire admission into the Union with said constitution under the conditions set forth in said propo- sition."’ In that event, the act authorizes the people of the Territory to elect delegates to form a constitution and Stategovernment for themselves, ‘‘whenever, and not be- fore, it is ascertained by a ceusus, duly and legally taken, that the population of said ‘Territory equals or exceeds the ratio of represeutation reyuired fer a member of the House of Representatives of the Congress of the United States."’ ‘The delegates thus assembled ‘shall tirst determine by a vote whether it is the wish of the people of the proposed State to be admitted into the Unior at time, and, if so, shall proceed to form a constitution, and take all necessary steps for the establishment of a State govern. ment in conformity with the federal constitution.” After this constitution snall have been formed, Congress, car- rying out the principles of popular soversignty and ‘non- intervention, have left “the mode and manner of its ap- provul or ratification by the peuple of the proposed State’’ to be ‘prescribed by law,"’ and they ‘shall then be ad- mitted into the Union as a State under such constitution thus fairly and legally made, with or without slavery, as said constitution may prescribe.” An eleetion was held throughout Kansas, in pursu- ance of the provisions of this act, on the second day of Angust last, and it resulted in the rejection, by a large majority, of the proposition submitted to the people by Congress. ‘This being the case, they are now authorized to fourm another constitution, preparatory to wdmission into the Union, but not until their number, as ascertain- ed by a census, shall equal er exceed the ratio required to elect « member to the House of Representatives. It is mot probable, in the present state of the case, that a third constitati can be lawfully framed and present- people of the Territory yielded obedience to the laws en- acted by their legislature, it would at the present mo- ment have coutained a larse additional population of industrious and enterp ‘izons, who have been de- terred from entering its borders by the existence of civil strife and organize rebellion. It was the resistance to rightful authority and the per- severing attempts to establisa a revolutionary government under the Topeka constitution, which caused the people of Kansas to commit the gmve error of refusing to vote for delegates to the conveution to frame a constitution, under a law net denied to be fair and just in its provis- ious. This refusal to vote has been the prolific source of all the evils which have followed.* In their host the territorial goverument, they disregarded the principle. abselutely exeential to the working of our form of gov erument, that « majority of those who vote—not the ma- jority who may remain at home, from whatever causo— must decide the result of an election. For this reason, seeking to take advantage of their own error, they denied the authority of the cmvention thus elected to frame a constitution. ‘The convention, notwithstanding, proceeded to adopt a constitution unexceptionable in its general features, and providing for the submission of the slavery question to a vote of the people, which, in my opinion, they were bound to do, under the Kansas and Nebraska act. This was the all-impor.aut question which had aloue convuleed the Territory ; and yet the opponents of the lawful gov- erpment, persisting in their first error, refrained from ex- cising their ‘ht to vote, aud sacanibontinue, thas surrender ther sa ‘Topeka organization. ‘A wiser and better spirit seemed to prevail before the first Monday of January last, when an election was held under the constitution. A majority of the people then | voted for a governor and other Stste officers, for a mem- ber of Congress, and members of the State legislature ‘This clectiun was warmly contested by the two political parties in Kansas, aud a greater vote was polled than at any previous election. A large majority of the members of the legissture elect belouged to that party which had previously refused to vote. ‘The anti-slavery party were thus placed in the ascewaut, and the political power of the State was in their hands. Had Congress adinit- ted Kansss into the Uuion under the Lecompton consti- tution, the legislature might, at ite very first session, have submitted the question to a vote of the people, whether they would or would not have a convention to amend their constitution either on the slavery or any other ques- tion, and have adupted all necessary means tor giving speedy effect to the will of the majorit: ‘Thus the Kan- sus question would have been immediately and finally settled. Under these circuastances, | submitted to Congress the constitution thus framed, with all the officers already elected necessary tu put the State government into opera- tion, accompanied by a strong recomuendation in favor of the admission of Kansu asa State. In the course of my long public life I have never performed any official act whieh, in the retrospect, has afforded me more heart- felt satisfaction. Its admission could have intlicted no possible injury on any human being, whilst it would, within a brief period. have restored peace to Kansus and harmony to the Union. In that event, the slavery question woukl ere this have been finally settled. according to the | legally-expressed will of a majority of the voters, and popular soverciguty would thus have been vindicated in constitutional man: With my deep couvictions of duty, I could have pur- sued no other course. It is true, t, as an individual, 1 had expressed an opi beth be. ple. But, acting in an official character, neither myself nor apy burman auth had the power to rejudge the dings of the convention, and declare the coustitn- tien which it bad framed to be a nullity. this would have beeu « violation of the Kansans and brasks act, which left the peuple of the Territery ** per feetly free to form aud regulate their domestic institu tious in their own way, subject only to the cou tion of the United States’ It would equally have violated the great principle of popular sovereignty, at the founda. tiun of our institutions, to deprive the people of the power, if they thought proper to exercise it, of confiding to delegates elected by themselves the trust of framing a constitution, without req) ug them to subject their cor stituents to the trouble, expense, and delay of u second election. It would have beer in opposition to many precedents in our history, commencing in the very best age of the republic, of the adiission of ‘Territurics as States inte the Union, without a previous vote of the approving their constitation. Me ts ba bereaied ties a question so insignificant when viewed in its practical eflects on the peuple of Kansas, whether decided one way or the other, should have kindled such a tiame of excitement throughout the country. This reflection may prove to Lea lesson of wisdom and of warning for our future guidance. Fracti- cally considered, the question is simply whether the peo- ple of that Territory should first come into the Union and then ebange any provision im their constitution not agreeable to themselves, or accomplish the tery same object by remaining out of the Union and framing an- other eunstitatian in accordance with their will! In either case, the result would be precisely the same. 3 difference in point of fact is, that the object would have been much sooner attained, and the pacification of Kan- sae more speedily elected, had it Leen adwitted as a State Curing the last session of Congress. My recommendation, hewever, for the immediate admis- sion of Kansas, failed to meet the approbution of Congress. ‘They deemed it wiser to adopt a different measure for the settiement of the question. For my own part, I should have been willing to yield my assent to alnost any con- stitutional measure to accotmplish this object. 1, there- fore, cordially acquiesced in what has been called the English Compromise, and approved the * Act for the ad- missiow of the Btate of Kansas into the Union’’ upon the terms therein prescribed. Under the ordinance which accompanied the Lecomp- ‘To have done | ‘The only | by Kansas, before ita population shall have hed the designated umber. Nor is it to Le presumed that, after their sad experience in resisting the territorial laws, they will attempt to adept a constitution in ex- press violation of the provisions of an act of Congress. During the session of 1856, much of the time of Congress was occupied on the question of admitting Kansas under the Topeka constitution. Again, nearly the whole of the last session was devoted to the question of its admission under the Lecumpton constitution. Surely it is not un- reasonable to require the people of Kansas to wait, be- fore making a third attempt, until the number of their inhabitants slsll amount to ninety-three thousand four hundred and twenty. During this brief period the bar- mony of the States, as well as the great Lusiness interests of the country, demand that the people of the Union shall not for a thinl time be convulsed by suother agita- tion on the Kansas question. By waiting for a short time, and acting in obedience to law, Kansas will glide fate the Union without the slightest impediment. This excellent provision, which Congress have applied to Kansas, ought to be extended and rendered applicabie to all Territories which may hereafter seek aduission into the Union. Whilst Cougrees possess the undoubted power of ad- mitting a new State into the Union, however small may | be the number of its inhabitants, yet this power ought not, in my opinion, to be exercised before the population shall amount to the ratlo required by the act for the ad- : iface tion. Of course, it would be unjust to give this rule a retro- spective application, and exclude a State which, acting upon the past practice of the government, has already | formed its constitution, elected its legislature aud other officers, and is now prepared to enter the Unio The rule ought to be advpted, whether we consider its Dearing on the people of the Territories or upon the peo- | ple of the existing States. Many of the serious dissen. | sions which have prevailed in Congress aud throughout | the country, would have been avoided, hal this rule been established at an earlier perfod of the governinent. | Immediately upon the formation of ferritory, | pee from different States and from foreign countri Tush into i, for the laudable purpose of improving their | condition. Their first duty to themselves is to open and | cultivate farms, to construct roads, to establish schools, | to erect places of religious worship, and to devote their | energies generally to reclaim the wilderness aud to lay the foaudations of a flourishing and prosperous common- wealti. If, in this incipient condition, with a population of afew thousand, they should prematurely enter the | Union, they are oppressed by the burden of State taxa- tion, and the means neceasary for the improvement of the | Territory and the advancement of their own interests, are | thus diverted to very different purposes. | The federal government has ever been a liberal parent | to the Territories, and a generous contributor to the use- | ful enterprises of the early settlers. It has paid the ex- peuses of their governments and legislative assemblies out of the common treasury, and thus relieved them from «heavy charge. Under these circumstances, nothing can be Letter calculated to retasd their material progress, than to divert them from their usefulemployments, by prema- | turely excitiny angry political eontests among themselves, | for the benetit of aspiring leaders. It is surely no hard- | Congress, to wait until the number of inhabitants shall | equal those of « single congressional district. ly ought net to be permitted to rush into the U: population less than one-half of several of t counties iu the interior of sume of the States, the condition of Kansas when it made application to be audusitted under the ‘Topeka constitution. Besides, it re- quires some tine to render the masé of a population col- | lected im anew Territory, at all hemogencous, and to unite them on anything ‘like a fixed policy. Establish the rule, aud all will look forward to it and govern them- | seives accordingly. | _ But justice tu the people of the several States requires | that this rule should be established by Congress. Each State is entitled to two senators and at least one Tepre- | sentative in Congress. Should the people of the States | fail to elect a Vice President, the power devolves upon the Senate to select this officer from the two highest can- didates on the list. In case of the death of the President, the Vice President thus elected by the Senate, becomes President of the United States. On all questions of legis- | lation, tho senators from the sinallest States of the Union have an equal vote with those from the largest. The | sate may be said in regard to the ratification of treaties, and of Exeeutive appointinents. All this has worked irably in practice, whilst it conforms in prin- ciple with the character of a government institu. ted by sovereign States. 1 presume no American citizen would desire the slightest change in the arrangement. S ill, is it not unjust and unequal to the existing States to invest some forty or fifty thousand people collected in a | Territory with the attributes of sovereignty. and place | them on an equal footing with Virginia and New York in | the Senate of the United States ? For these reasons, I earnestly recommend the passage of a general act, which shall provide that upon the appli- | cation of a territorial legislature, declaring their belief that the Territory centains a number of inhabitants | which, if in a State, would entitle them to elect a mem- ber of Congress, it shall be the duty of the President to | cause 4 census of the inhabitants to be taken, and if | found suilicisnt, then by the terms of this act to author- | ize them to proceed “in their own way” to irame a State constitution Preparatory to admission into the Union. 1 also recommend that an appropriation may be made, to enable the President to take a census of the people of ‘The present condition of the Territory of Utah, when contrested with what it was one year ago, is a subject for | congratnlation, It was then in a state of open rebellion, | and, cost what it might, the character of the government | required, that this rebellion should be suppressed and the Monnons compelled to yield obedisnce te the constitu- tiom aud the laws. In order to accomplish this object, | mission of Kans. Had this been previously the rule, ship for embryo governors, senators, and members of | | td suppress Iudian hostilities. | authorit, ! ax L informed you in my last annual medage, I appoint. | ed a new governor instead of Brigham Young, and other federal officers to take the place of those who, consulting their porsonal safety, had found it necessary to withdraw from the Tetritory. Tu protect these civil officers, and to aid them, as « posse comitatus, in the execution of the Jaws in case of need, I ordered a detachment of the army to accompany them to Utah. The necessity for adopting these measures is now demonstrated. On the 15th September, 1857, Governor Young issued his proclamation, in the style of an independent sover- eign, announcing his purpose to resist by force of arms the entry of the United States troops into our own Terti- tory of Utah. By this he required all the forces in the ‘Territory, to ‘‘hold themselves in readiness to march at mgment’s notice to repel any aud all such invasion, established martial law from its date throughout the ‘Territory. These proved to be no idle threats. Forts Bridger and Supply were vacated and burut down by the Mormons, to deprive our troops of a shelter after their long and fatiguing march. Orders were issued by Daniel H. Wells, styling himeelf “Lieutenant General, Nauvoo Legion,”’ to stampede the animals of the United States troops on their march, to set fire to their trains, to burn the grass and the whole country before them and on their flanks, to keep them from sleeping by night sur- prises, and to blockule the road by felling trees, and destroying the fords of rivers, &., ke, Ke. ‘Theve ordera were promptly and effectually obeyed. On the 4th October, 1857, the Mormons captured and burn- ed on Green River, three of our supply trains, consisting of seventystive wagons loaded with provisions aud tents for the army, and carried away several hundred animals. ‘This diminished the supply of provisious so materially that General Johusten was ob! and even with this precaution, there was only suiticieat left to subsist the troops until the first of June. Our little army behaved admirably in their encamp- ment at Fort Bridger, under these trying privations. In tho midst of the mountains, in adreary, unsettled, and iuhospitable region, more than a thousand miles from home, they passed the severe and inclement winter with- outa murmur. They looked forward with confidence for relief from their country in due season, aud in this they were not disappointed. ‘The Secretary of War employed all his energies to for- ward them the necessary supplies, and to muster and send such a military force to Utah as would render re- sistance on the part of the Mormons hopeless, and th fe the war without the effusion of bluod. In bis efforts he was efficiently granted approprinti thus necessarily created regiments of volunteers, ‘for the purpose of quellin; disturbances iu the Territory of Utah, for the protect of supply and emigrant trains, and the suppression of Iu- dian hostilities on the frontiers."" Happily, there was no occasion to call these regiments into service. If there had been, I should have felt serious embarrasament in se- lecting them, so yreat was the number of our brave and patriotic citizens anxious to serve their country in this distant and apparently dangerous expedition, ‘Thus it has ever been, and thus way it ever be ! ‘The wisdom and economy of sending sufiicient rein- forcements to Utah ure established not only by the event, but iu the opinion of those who, from their position and opportunities, are the most capable of forming a correct judgment. Genural Johnston, the commander of the forces, in addressing the Secretary of War from Fort Bridger, under date of October 18, 1857, expresses the opia- ion that “unless « large force is sent here, from the na ture of the country, a protracted war on their {the Mor- tnons] part is inevitable.” This he considered necessary, to terminate the war “speedily and more economically than if attempted by insuiitient means.’ In the mean time, it was my anxious desire that the Mormons should yield obedience to the constitution and the laws, without rendering it necessary to resort to mili- | tary force. To aid in accomplishing thix object, I deemed it advisable in April last, to despatch two distinzuished | citizens of the United States, Messrs. lowell and MeCul- loch, to Utah. They bore ‘with them a proclamation addressed by myself to the inhabitauts of Utah, dated ou of that swonth, warning them of their true weneeenenriey eet tere mepurcoe fe Wie Ui EITELT PRATU LW) Pe. sist in rebellion aguinet the United States, and offering all these who should submit to the laws @ full pardon for | their past, sediti and troasous. At the same time, I assured those who should persist im rebellion against the United States, that they must expect no further lenity, but look to be rigorously dealt with according to their deserts. The instructions to these agents, ax well as a | copy of the proclamation, and their reports, are herewith submitted. It will be seeu by their report of the 3d of | July last, that they Lave fully confirmed the opinion ex- | preased by cral Johnston in the previous October, as to the necessity of sending reinforcements to Utah. In this they state, that they “ure firmly impressed with the belief that the presence of the anny here and the large | additional force that lad been ordered to this ‘Territory, | Were the chief inducements that caused the Mormons to | abandon the idea of resisting the authority of the United | States. A less decisive policy would probably have 1e- | sulted in a long, bloody, and expensive wai There gentlemen conducted themselves to my entire satixfaction, and rendered useful services in executing the humane intentions of the government. It also affords ie great satisiwtion to state, that Goy- ernor Cumming has perfurined his duty in au able and con- ciliatory manner, and with the bappicat effect. I can- this counexton, refrain from mentioning the val- services of Col. Thowas L. Kane, who, from mo- tives of pure benevolence, and without any official charae- | ter or pecuniary compensation, visited Utah during the last inclement winter, for the purpose of contributing to the pacification of the ‘Territory. Tam happy to that the governor and other ivil officers of ming their appropriate ‘The autho of the eou- stitution and the laws has been fully restored, and peace prevails throughout the Territory. A portion of the troops seut to Utuli are now encamped 1 Cedar valley, forty-four miles southwest of Salt Lake ; and the remainder have been ordered to Oregon to ‘The march of the army to Salt Lake City, through the Indian Turritory, has had a powerful ettect in restraining the hostile fectings agaiust the United States, which ex- isted among the Judians in that region, and in securing emigrants to the Far West against their depredatious. ‘This will also be the means of establishing military posts and Promoting settlements along the route. T recommend that the benetits of our land laws and pre-emption system be extended to the people of Utah, by the establishiment of a laud office im that ‘Territory. T have cecasion, also, to congratulate you on the result of our negotiations with China. You were informed by my last annual message, that our minister had been instructed to occu neutral position in the hostilities conducted by Great Britain and France against Cantou. He was, however, at the same time, di- rected to co-operate cordially with the British and French ininisters, in all peaceaful measures tu secure by treaty those just concessions to foreign commerce, which the uations of the world had a right to demand. It was im- possible for me to proceed further than this, on my own without ususping the war-making power, which, under the constitution, belongs exclusively to Con- Besides, after a careful examination of the nature and extent of our grievances, I did not believe they were of such a pressing and aggravated character, as would have justified Congress in declaring war against the Chinese empire, without first making another carnest attempt to adjust them by peaceful negotiation. I was the more inclined to this opinion, because of the severe chastisement which had then but recentiy been inflicted upon the Chinese by our squadron, in the capture and destruction of the Barrier forts, to avenge an alleged insult to our flag. ‘The event has proved the wisdom of our neutrality. Our minister has executed his instructions with eminent skill and ability. In conjunction with the Russian plen- ipotentiary, he has peacefully, but eticctually, co-operated with the English and French plenipotentiaries ; and each of the four powers has concluded a separate treaty with China, of a highly satistuctory character. The treaty con- cluded by eur own plenipoteytiary will immodiately Le Submitted to the Senate, q 1am happy to annoance thad, through the energetic yet conciliatory efforts af our consul general in Japan, a new treaty has been concluded with that empire, which may be expected materially to wugment our trade and in- tercourse in that quarter, and remove from our country- men the disabilities which have heretofore been imposed upon the exercise of their religion. ‘The treaty shall be submitted to the Senate for approval without delay. | Same obj It is my earnest desire that every misunderstanding with the government of Great Britain, should be amicably and speedily adjusted. It has been the misfortune of both countries, almost ever since the period of the revo- lution, to have been annoyed by a succession of irritating and dangerous questions, threatening their friendly rela- tions. Th's has partially prevented the full development of those feelings of mutual friendship between the people of the two couutries, so natural in themselves and so conducive to their common interest. Any serious inter- taption of the commerce between the United States and Great Britain, would be equally injurious to both. In fact, no two nations have ever existed on the face of the earth, which could do each other so much good or so much harm. Entertaining these sentiments, I am gratified to inform you, that the long-pending controversy between the two overnments, in relation to the question of visitation and search, has been amicably adjusted. ‘The claim on the part of Great Britain, forcibly to visit American vessels on the high seas iu time of peace, could not be sustained un- der the law of nations, and it had been overruled by her own most eminent jurists. This question was recently brought to an issue, by the repeated acts of British cruis- ers, in boarding and searching our merchant vessels in the Gulf of Mexico and the adjacent seas. 'These acts were the more injurious and annoying, as these waters are traversed by « large portion of the commerce and navigation of the United States, and their free and uurestricted use is essen- tial to the security of the coastwise trade between different States of the Union. Such vexatious interruptions could not Jail to excite the feelings of the country, and to re- quite the interposition of the government. Remonstrances were addressed to the Hritish government against these violations of our rights of sovereignty, and a naval force was ut the same time ordered to the Cuban waters, with directions ‘to protect all vessels of the United States on the high seas, from search or deteution by the yessels-of- war of any other nation '’ ‘These measures received the unqualified and even enthusiastic approbation of the American people. Most fortunately, however, no collis- ion took place, and the British government promptly avowed its recognition of the principles of international Jaw upon thiv subject, as laid down by the government of the United States, in the note of the Secretary of State to the British minister at Washington, of April 10, 1838, which secure the vewels of the United States upon the high seas frou visitation or search in time of peace, un- der any circumstances whatever. The claim bas been abandoned in a iuanner reflecting honor on the British government, and evincing a just regard for the law of na. tions, and cannot fail to strengthen the amicable relations between the two countries, ‘The British government, at the aame time, proposed to the United States that some mode should be adupted, by mnutual arrangement between the tw ntries, of « char- acter which may be found eifective without being offen- sive, for verifying the nationality of vessol suspected on good grounds of carrying false colors. They have alsu invited the United States to take the initiative, and pro- pose measures for this purpose. Whilst declining to as- sume so grtve a responsibility, the Secretary of State has informed the Bri government that we ary ready to | receive uny propsaly which they may feel disposed to olfer, baving this object in view, aud to consider them in an amicable spirit. A strong opinion is, however, ex- pressed, that the occasional abuse of the flag of any nation, is an evil far less to be deprecated, than would be the es- tublishmnent of any regulatious which might be incom- | patible with the freedom of the seas. This government | has yet received no communication specifying the manner in whic the British government would propose to carry out their suggestion; and I am inctiued to believe, that no plan which can be devised, will be free from grave embar- Tassments. Still, I shall fori no decided opinion on subject, until! shall have carefully and in the best spirit examined‘any proposals which they may think proper to make. I am truly sorry T cannot also inform you that the com- plications between Great Britaia and the United States, arising out of the Clayton and Bulwer treaty of April, 1850, have bean finally adjusted. At the Commencement of your last session, I had rea- son to hope that, emancipating theanselves fi sarang diseolnce sae som. Seema frome faethe ceed to settle the Central American questions ima plas tical manner, alike honorable and satisfactory to both ; and this hope I have not yet abandoned. In my last a nual message, I stated that overtures had been made by the British government for this purpose, ina friendly spirit, which { cordially reciprocated. "Their proposal was, to withdraw these questions from direct negotiation between the two governments ; but to accomplish the ct, by # negotiation between the British govern- ment aud each of the Central American republics whose territorial interests are immediately involved. ‘The set- tlement was to be made in accordance with the general tenor of the interpretation placed upon the Clayton and Bulwer treaty by the United States, with certain modifi- cations. gotiations are still pending upon this ba- sis, it would not be proper for ime now to communicate their present cond A final settlement of these ques- tions is greatly to be desived, as this would wipe ont the last remaining subject of dispute between the two eoun- tries. Our relations with the great empires of France and Russia, as well as with all other thuents on the contincut of Europe, except that of Spain, continue to be oft nost friendly character. With Spain our ‘relations remain in an unsatisfactory gondition. In my message of Deconyber last, 1 you that our cnyoy extraordinary and minister p teatiary to Madrid had asked fi and it court, pending between two governments, and with a determination to hay them speedily and amicably adjusted, if that were possi- rpose has been hitherty’ defeated by causes wed not jou to Spain has been intrusted to a distin tiggn of Kontucky, who will proceed tu Madrid Without delay, and make auother aud a tinal atteapt to obtain justice from that government, Spanish oflicials, under the direct egutro! of th general of Cuba, have insulted our national flag, and, in Tepeated iustances, have from time to time inflicted in- juries on the persons aud property of our citiz-ns. These have given birth to numerous claims against the Spanish goverument, the merits of which have been ably discussed for a series of years, by our successive diplomatic repre- wentativ, Notwithstanding this, we have not arrived at a practical result in any single instance, unless we may except the case of the Black Warrior under the late ad- ministration ; and that presented an outrage of such a character as would have justified an immediate resort to war. All our attempts to obtain redress have been baf- Hed and defeated. The frequent and oft-recurring changes in the Spauish ministry, have been employed as reasons for delay. We have been compelled to wait, again and again, until the new minister shall have had time to in- vestigute the justice of our demands. ven what have been denoininated “the Cuban in which more than a hundred of our citizens are directly interested, have furnished no exception. ‘Tuese claims were for the pefunding of duties unjustly ex- acted frou American vessels at dit it custom-houses in Cuba, so long ago as the year 1841. The principles upon which they rest are #o manifestly equitable and just, that after a period of nearly ten years, in 1854, they were rec- oguised by the Spanish government. Proceedings were afterwards instituted to ascertain their amount, and this was finally fixed according to their own statement (with which we were satisfied) at the sum of one hundred and twenty-cight thousand six hundred and thirty-five dol- lars and fifty-four cents. Just at the momeut, after a delay of fourteen years, when we had reason to expect that this sum would be repaid with interest, we have re- ceived a proposal offering to refund one-third of that amouut, (forty-two thousand eight hundred and sevent; eight dollars and forty-one cents,) but without interest, we would accept this in full satisfaction. The offer also, accompanied by a declaration that this indetnitica- tion is not founded on any reason of strict jastiog ; but is made as a special favor. Oye alleged cause for procrastination in the examina- tioy and adjustment of our claims, arises from an obstacle guished ptain- which it is the duty of the Spanish government to re- moye. Whilst the captain-general of Cuba is invested with general despotic authority in the government of that island, the power is withheld from him to examine and redress wrongs committed by officials under his con- trol, on citizens of the I States. Instead of making our complaints directly to hin at Havana, we arg obliged to preseat thene through our minister at Matid’ Titee are then referred back to the captain-yeneral for informa- tion ; and much time is thus consumed jo preliminary 2 claims of American citizens, now amounting to more than | investigations and correspondence between Madrid and Cuba, before the Spanish government will consent to pro- ceed to negotiation. Many of the difficulties between the two governments would be obviated, and a long train of negotiation avoided, if the captain-general were invested with authority to settle questions of easy solution on the | ‘spot, where all the facts are fresh, and could be promptly | and satisfactorily ascertained. We have hitherto in vain | urged upon the Spanish government, to confer upon the captain-general, and our minister to Spain will | again be instructed to urge this subject on their notice. | In this respect, we occupy a different position from the powers of Europe. Cuba is almost within sight of our shores ; our commerce with it is far greater tan that of | any other nation, including Spain itself, and our citizens | are in habits of daily and extended personal intercourse | with every part of the island. It is, therefore, a great | grievance that, when any difficulty occurs, uo matter | low unimportant, which might be readily settled at the | moment, we should be obliged to resort to Madrid, expe- | cially when the very first step to be taken there is to re- | fer it back to Cuba. ‘The truth is that Cuba, in its existing colonial oondi- tion, is a constant source of and annoyance to the American people. It is the only spot in the civilized world where the African slave-trade is tolerated ; and we are bound by treaty with Great Britain, to maintain a naval force on the eoast of Africa, at much expense both of life and treasure, solely for the purpose of arresting slavers bound to that island. The late serious difticul- ties between the United States and Great Britain respect- ing the right of search, uow so happily terminated, could never have arisen if Cuba had not afforded a market for slaves. As long as this market shall remain open, there can be no hope for the civilization of benighted Afric Whilst the demand for slaves continues in Cuba, wars will be waged among the petty and barbarous chiefs in Africa, for the purpose of seizing subjects to supply this trade. In such a condition of affairs, it is impossible that the light of civilization and religion can ever penetrate these dark abodes. It has been made known to the world by my predeces- sors, that the United States have, on several occasions, endeavored to acyuire Cuba from Spain by honorable ne- | gotiation. If this were accomplished, the last relic of | the African skwe-trade would instantly disappear. We would not, if we conld, acquire Cuba iu any other manuer. is ig due to our national character. All the | territery which we have acquired since the origin of the sovernment, has been ly fair purchase from France, Spain, and Mexico, or by the free and voluntary act of | the independent State of Texas, in blending her desti with our own. ‘This course wo shall ever circumstances should occur, which we do not now antici- pate, rendering a departure from it clearly justifiable, under the imperative and everruling law of seli-preserva- | tion. | ‘The Island of Cuba, from its geographical position, commands the mouth of the Mississippi, and the immense and annually-increasing trade, foreign aud coastwise, from the valley of that noble river, uow embracing halt the sovereign States of the Union. With that Island un- jon of a distant foreign power, this trade, of vital importance to these States, is exposed to the dan- ger of being destroyed in time of war, and it has hitherto been subjected to perpetual injury aud annoyance in time of peace. Our relations with Spain, which ought to be of the most friendly character, must always be placed in jeopardy, whilst the existing colonial government over the Island shall remain in its preseut condition Whilst the possession of the Island would be of vast importance to the United Status, its value to Spain is, comparatively, unimportant. Sach was the relative sita. ation of the parties, when the great Napoleon transferred | Louisiana to the United States. Jealous, as be ever was, of the national honor and interests of France, uo person throughout the world, has imputed blame to him, tor ac- cepting a pecuniary equivalent fur this cession. ‘The publicity which has been given to our former ne- gotiations upou this subject, and the large appropriation which may be required to efivct the purpose, render it expedient, bafore muking another attempt to renew the negotiation, that I should lay the whole subject before | Congress. This ls eapecially necessary, as it may become to success, that I should be intrusted with ‘the means of making am advance to the govern- ment immediately after the signing of the treaty, without awaiting the ratification of it by the Senate. I am en- couraged to make this suggestion, by the example of Mr. | Jefferson previous to the purchase of Louisiana from | France, and by that of Mr. Polk in view of the acquisi- | tion of territory from Mexico. T refer the whole subject | to Congress, and commend it to their eareful considera. tion. Lrepeat the recommendation made in my message of December last, ia favor of an appropriation ‘to be paid to the Spanish government for the purpose of distribution among the claimants in the Amistad case.” President eudation in December, | epeated by my immediate predecessor | I extertsin no doubt that indem- | y is fairly due to these claimants under our treaty with Spain of the 27th October, t demanding | justice we ought to de ice. An appropriation prompt | He tor this purpose, could not exert a favor- 2 on our negotiations with Spaln Our position ia relation to the independent States south of us on this continent, and especially those within the limits of North Ame: js of & peculiar character. ‘The northern boundary of Mexico is coincident with our own y n to ocean ; aud we ru fecl a deep interest in all that concerns t! fate of so near a neighbor. We h kiudest wishes for the suc ilged the hope that y peace and pros; ut. We have never hither- wlirectly, with its internal af er owe to ourselves, to against the hostil ther power. Our geographical posi t in all that cancers Mexico, aud ttled policy in regard to the North American | continent, renler this an indispensable duty. Mexico has ina state of constant most ever since it achieved its One mili- tary leader after another has verument in rapid succession ; and the various constitutions fram tisue to time wlopted, have been setat naught almost as soom as they were proclaimed. ‘The successive goveraments } atorded no adequate protection, either to Mexican zens of foreign residents, against lawless violence. tofore, a seizure of the capital by a military chicitain, has been generally followed by at least the nominal submi- sion of the country to his rule for @ brief period, but wot so at the present crisis of Mexican affairs. A civil war has been raging for some time throughout the repul between the central government at the city of Mexio which has endeavored bvert the constitution last framed, by military power, and those who maintain the authority of that constitution, The antagonist parties each hold possession of different States of the repnb- lic, aud the fortunes of the war are constantly changing Meanwhile, the most reprehensible means have been em Poyed by both parties to extort money from for 48 well as natives, to carry on this ruinous contest. "The truth is, that this fine country, blessed with a prc duetive soil and a benign climate, has been reduced by civil dissension to a condition of almost hopeies hy and imbecility. It would be vain for this gov- erument to attempt to enforce payment in money of the | volution, al- ten iillion dollars, against Mexico, because she is desti- | tute of all pecuniary means to satisfy these demands, Our late minister was furnished with ample powers and | instructions for the adjustment of all pending questions | with the central government of Mexico, and be perfurm- ed his duty with zeal and ability. ‘The claims of our cit- izens, some of them arising out of the violation of an ex- | press provision of the treaty of Guadalupe Hidalgo, and others from gross injuries to persons as well as property, have reinained wuredressed and even unnoticed. Ke. monstrances aguinst these grievances, bave been addressed without eitect to that government. Meantime, in various parts of the republic, instances have been numerous of the myrder, imprisonment, and plunder of our citiqens, by! and they will not be satisfied with less. by the promulgation of a deurce levying a coutribution pro rea upom all the capital in the republic, between cer. tain specified amounts, whether held by Mexicans or foreigners. Mr. Forsyth, regarding this desree in the light of a “forced loan,” formally protested against its application to his countrymen, and advised them not to pay the contribution, but to suffer it to be forcibly cx ected. Acting upon this advice, an American citizen | refused to pay the contribution, aud his property was seized by armed wien to satisfy the amouut. Not content with this, the government proceeded still farther, and is sued a decree banishing bim from the country. Our ister immediately notified them that if this decree shdtld be carried into execution he would feel it to be bis duty to adopt ‘the most decided measures that belong to the powers and obligations of the representative office.” Not withstanding this warning, the banishment was enforced, and Mr. Forsyth promptly anuounced to the government the suspension of the political relations of his legution with them, until the pleasure of bis own government should be ascertained. This government did not regard the contrivution im- posed by the decree of the 15th May last to be in strict ness a “forced loan,”” and as such prohibited by the L0th article of the treaty of 1326 between Great Britain and Mexico, to the benefits of which American citizens are entitled by treaty; yet the imposition of the coutribation upon foreigners was considered an unjust and oppressive measure. Besides, internal factions iu other parts of the republic were at the same time levying similar exactions upon the property of our citizens, end interrupting their commer ‘There had been an entire failure on the part of our minister, to secure redress for the wrongs which our citizens had endured, notwithstanding his persevering efforts. And from the temper manifested by the Mexican government, he had rpcatedly assured us that no favorable change could be expected, until the United Stat-s should **give striking evidence of their will and power to protect their citizens,”’ an that “severe chast ening is the only carthly remedy for our grievances." z vlatement of facts, it would have been worse , to direct Mr. Forsyth to retrace his steps and resume diplomatic relations with that goverument ; and it was, therefore, deemed proper to sanction his with drawal of the legation from the city of Mexivo. Atrindant cause now undoubtedly exists, fore resert to till holdtag posses xion of the capital. Should they succeed In subduing the constitutional forces, all reasouable hope will thea have | expired of a peaceful settlement of our difficulties. On the other hand, should the constitutional party A their authority he established over the re which justice requires, so tara they may possess the means. But for this expectation, | should at once have recommended to Congress to grant the neces sary power to the President, to take poasension portion of the remote a unsettled territory « to be held in pledge until our in| and our just demands be satisfied, We have already ex- hausted every milder means of obtaining justice. In such a case, this remedy of repriaals ix recuguised by the law of nations, not only as just in itself, but ase means of preventing actual war But there is enother view of cur relations with Mexi- », arising from the uuhappy condition of affairs along our southwestern frontier, whish demauds Immediate ac- tion. In that remote region, where there are but few white inhabitants, large baads of hostile and predatory Iudiaus roam promiscuously over the Mexican States of Chihuatma aud Sonora, and our adjoining ‘Territories. | The local governments of these States are perfectly help less, and are kept in a state of constant alarm by the Lo- diaus. ‘They have not the power, if they possessed the will, even to restrain lawless Mexicaus from passing the border and committing depredatious on our remote set tlersf A state of anarchy aud violenee prevails through- out that distant frontier. Tbe laws area dead lettur, and life and property are wholly iusceure. For this reason the settlement of Arizona is arrested, whilst it ix of great importance that « chain of inhabitants should ex- tend all along its southern border, sufticient for their own protection and that of the United States mail pusding to tom cascrtceed, Gh tar Indiana aul ecterne mene now that aut wandering Mex). cans equally lawless, may break up the important stage and postal communication recently established between our Atlantic aud Pacific possessions. This passes very near tothe Mexican boundary, throughout the whole length of Ariza. I cau imagine no posible remedy for these evils, and uo mode of restoring law and der on that remote and unsettled frontier, tut for the government of the United States to assume a temporuy protectorate over the northera portions of Chihuahua and Sonora, and to establish aili- tary posts within the sume —and this | earnestly recom | mend to Congress. This protectiua wiay be withdrawn, as soon as local governments shall be established in these i capable of performing their duties te the United Sta! restraining the lawless aud preserving peace along the border I do not doubt th vasure will b triewdly spirit by nits aud pes hua and Sonora, as it will prov protection of their citizens on frontier, as for citizens of the U: And iu this » permit me to recall your atten tion to the condition of Arizona. The Population of that ‘erritory, numbering, as is alleged, more than ten thou sand souls, are practically without a y at laws, aud without any regular administration of jum Murder and other crimes are comm ¢ viewed in a of Chibus qially effocteal for the t remete and Lawless: ited State. punity and I, thes the es- rament over Arizona The political cowlition of the narrow isthmus of Cea tral America througit which transit routes pass, between the Atlantic and Pacific coeams, presents a subj deep interest to all aud Asiatic coutiuents, is d-stined . Tothe United States these routes ar of incal culable importance, us a means of combrmnication tween their Atlantic awd Pacitic pomessions The nds now extend throughout seventeen deg he BP © Umpertant Stat eititories of Oh All conmwercial nations, theret Washington deep and direct interest, that these commuuications shall havea be rendered secure frou: iuterraption. If an arm of the | Sea, connecting the two oceans, penetrated through Nica- raga aud Gusta Kica, it could not be postende:! Unat thes: States would have the riht toarrest or retard its navigation, to the injury of other nations. ‘The transit by land over this narrow isthn xeupies nearly the same position. It i ighway in which they themselves have little interest, eu compared with the vast interests of the rest of the Whilst their rights of sovereiguty ought to le respected, it is the duty of other nations to require, that this important passage shall not be errupted, by the civil wars and i uthretks, which have se fre- quently occurred i 1 portant, to be left at the mercy of rival companic ing to hold conflicting contracts with Nicaragua too iw ime The comunezce of other uations is not to stand still and await the adjustiaent of such petty controversies, ‘The gov vmulaent of the United States expect no more than thin, They wonld not, if they could, derive any advantage from the Nica ragua transit, not common to the reat of the world. Its neutrality aid protection, for the common nse ef all ua tions, is their ouly object. They Lave no objection that Nicaragua shall demand and nr. on peaextion, from the conpanies and indi may traverse the route ; but they insist that it shall never hereafter Ix closed, by an arbitrary decree of that goverument. if disputes arise between it and those with whom they my have cutered into contracts, these must be adjuate?, some fair tribunal provided for the purpose, and the must not be closed pending the controversy nate This is our whule policy, wud it cannot tail to le goceptable to other nations All these difficulties might be avoided, if, consist- ently with the good faith of Nicaragua, the use of this transit could be thrown opea to general competition ; different parties claiming and exercising 4 local jurisdic. | providing at the same time tor the payment Of « reacona- tion; but the central government, aithough repeatedly | ble rate to the Nicaraguan government, on passengers aud urged thereto, have made no ofjort either to punish the authers of these oytjages or to prevent their recurrence. No Amerjoun vitizen can now visit Mexico on lawful bus- incss, without imminent danger to his person and - ty. There is nu adequate protection 4a either this respect our treaty with that yepybli¢ is almost a deal letter. ‘This state of athairs was byought to @ crisis iu May last, charter, were summarily and arbitrarily 1 government of President Rivas. freight. In Angust, 1852, the Accessory Transit Company made its rst interoceanic trip over the Nicaraguan route, and continued in successful operation, with great advantage t the public, until the ® Sth February, 1856, when it was closed, and the grant to this eanpany, as well as its ved by ths Previous vo this date,