The New York Herald Newspaper, December 28, 1859, Page 1

eae ieee 4 WHOLE NO. 8514. MORNING EDITION—WEDNESDAY, DECEMBER 28, 1859,-TRIPLE SHEET. STATE OF THE UNION. MESSAGE OF THE PRESIDENT. Annual Reports of the Secretaries of the Treasury, Navy, War and Interior. The Report of the Postmaster General. THE IMPENDING CRISIS. The Balance Sheet of the Nation. The Financial Condition of the Country. ADDFTIONAL REVENUE REQUIRED OUR FOREIGN RELATIONS. HOME AFFAIRS. ‘Whe San Juan Difficulty and the Mission of Gen. Scott. FRE DEPLORABLE CONDITION OF MEXICO, Necessity for Action on the Part of the United States, é&e. &., &. THE PRESIDENT'S MESSAGE. PeELLOW CrrizeNs oF TAs SENATE AND Hovusk oF REPRESENTATIVES:— Our deep and heartfelt gratitude is due to that Almighty Power which has bestowed upon us such varied and numerous blessings throughout the past year, The general health of the country has been excellent; our harvests have been unusually plen- ‘tiful, and prosperity smiles throughout the land. Indeed, notwithstanding our demerits, we have much reason to believe, from the past events in our history, that we have enjoyed the special protection of Divine Providence ever since our origin as a na- tion. We have been exposed to many threatening and alarmivg difficulties in our progress; but on each successive occasion the impending cloud has been direipated at the moment it appeared ready to burst upon our heads, aud the danger to our insti‘u- tions has passed away. May we ever be under the divine guidaace and protection. THE MARPER'S FERRY RAID. Whilst it is the duty of the President “from time 40 time to give to Congress information of the state of the Union,” I shall not refer in detail to thre re- ent sad and bloody occurrences at Harper's Ferry. Still, it is proper to observe that these events, how- ever bad and cruel in themselves, derive their chief importance from the apprehension that they are but symptoms of an incurable disease in the public muind, which may break out in still more dangerous outrages,and terminate at last in an open war by the North to abolish slavery in the South. Whilst, for myself, I entertain no such apprehension, they ought to afford a solemn warning to us all to be- ‘ware of the approach of danger. Our Union is a stake of such inestimable value as to demand our constant and watchful vigilance for its preserva- tion. In this view, let me implore my countrymen, North and South, to cultivate the ancient feelings of goutual torbearance and good will towards each other, and strive to allay the demon spirit of sec- tional hatred and strife now alive in the land. This advice proceeds from the heart of an old public functionary, whose service commenced in the last generation, among the wise and conservative statesmen of that day, now nearly all passed away, and whose first and dearest earthly wish is to leave his country tranquil, prosperous, united and powor- ful. We ought to reflect that in this age, and especial- Jy in this country, there is an incessant flux and re- flax of public opinion. Questions which in their day assumed a most threatening aspect have now nearly gone from the memory of men. They are 4+ volcanoes burnt out, and on the lava and ashes and squalid ecoriz of old eruptions grow the peace- fal olive, the cheering vine, and the sustaining orn.” Such, in my opinion, will prove to be the fate of the present sectional excitement, should those who wisely seek to apply the remedy con- tinue always to confine their efforts within the pale of the constitution. If this course be pursued, the existing agitation on the subject of domestic slavery, like everything human, will have its day and givo place to other and less threatening con- troversies. Public opinion in this country is all powerful, and when it reaches @ dangerous excess upon any question, the good sense of the people will furnish the corrective and bring it back within safe limits. Still, to hasten this aus- picions result, at the present crisis, we ought to re- member that every rational creature must be pre- ‘sumed to intend the natural consequences of his own teachings. Those who announce abstract doc- trines subversive of the constitatson and the Union must not be surprised should their heated partisans advance one step further, and attempt by violence “to carry these doctines into practical effect. In this view of the subject it ought never to be forgot- ten that, however great may have been the political pAvantages resulting from the Union to every por- tion of our common country, these would all prove to be as nothing should the time ever arrive when they cannot be enjoyed without serious danger to the personal safety of the people of fifteen members of the confederacy. If the peace of the domestic fireside thronghout these States should ever be in- -vyaded—if the mothers of families within this exten- sive region should not be able to retire to rest at night without suffering dreadful apprehensions of what may be their own fate and that of their children before the morning—it would be vain to recount ‘to euch a people the political benefits which result to them from the Union. Self-preservation is the first instinct of natare; and therefore any state of society in which the sword is all the time suspond- ed over the heads of the people must at last become intolerable. But I indulge in no such gloomy forebodings. On the contrary, T firmly be- Bieve that the events at Harper's Ferry, by causing tho poople to pause and reflect upon the possible peril to their cherished institutions, will be the means,under Providence, of allayisg the existing excitement and preventing future outbreaks of a similar character. They will resolvo that the Gon- stitution and the Union shall not be endangered by rash counsels, knowing that, should “the silver cord be loused or the golden bowl be breken * * at the fountain,” human power could never reunite the scattered and hostile fragments. THE WGHTS OF THH SOUTH IN THE TERRITORIES. J cordially congratulate you upon the fival sot tlement by the Supreme Court of the United States ef the question of slavery in the Territories, which had presented an aspect so truly formi- dable at the commencement of my adiniaistration, The right has been established of every citizen to take his property of any kind, including slaves, inte the common Territories belonging equally to all the States of the confederacy, and to have it protected there under the fedorat constitation. Neither Congress nor 8 Territorial Legislamre, nor any human power, has any authority to anoul or impair this vested right, The supreme judicial tri- buna] of the country, wich is a co-ordinate branch of the government, has sanctioned and afticmed these principles of constitutional law, se manifestly just in themselves, and so well calculated to pro- mote peace and harmony among the States. Itisa striking proof of the sense of justice which is inho- rent in our people, that the property in slaves has never been distarbed, to my knowledge, in any of the Territories. Even throughout the late troubles in Kansas there has not been any attempt, as Tam credibly informed, to interfere, in a single instance, with the right of the master. Had any svch attempt been made the judiciary would doubtless have af- forded an adequate remedy Should they fail to do this hereafter, it will then be time enough to strength- en their hands by farther legislation. Had it heen decided that either Congress or the Territorial Le- gislature possesses the power to annul or impair the right to property in slaves, the evil would be iato- Jerable. tn the latter event, there would be a strug- gle fora majority of the members of the Legislature at each successive election, and the sacred rights of property held under the federal constitation would depend for the time being on the result. The agistion would thus be rendered incessant whils¢ the Territorial condition remained, and its banetul influence would keep alive a dangerous excitement among the people of the several States. ‘Thus hag the status of a Territory, during the in- termediate period from its first settlement until it rhajl become a State, been irrevocably tixed by the final decision of the Supreme Court. Fortanate has this heen for the prosperity of the Territories, as wellas the traquillity of the States. Now, emi- rants from the North and the "South, the Hast and he West, will wect in the ‘fervitories on a common platform, having brought with them that species of property best adapted, in their own opinion, to promote their welfare. From natural causes the slavery question will in each case soon virtually settle itselt; and before the ‘Lerritory is prepared for admission as a State into the Union this decision, one way or the other, will bave been a forgone conclusion. Meanwhile the settlement of the new Territory will proceed with- out serious interruption, and its progress avd pros- perity will not be endangered or retarded by vio- lent political struggles. a When in the progress of events the inhabitants of apy Territory shall have reached the number re- quired to form a State, they will then proceed, in a regular manner, and in the exercise of the mghts of popular sovereignty, to form a constitution pre- paratory to admission into the Union. After this has bee to_employ the language of the Kansas and Nebraska act, they “shall be redeived into.tbe Union with or without slavery, as their constitution may presoribe at the time of their ad- mission.” This sound principle has happily been recognized, in some form or other, by an almos unanimous vote of both houses of the last Congress THE AFRICAN SLAVE TRADE AND ITS BrrscrTs. All lawfal means at my command have been em- ployed, and shall continue to be employed, to exe- cute the laws against the African slave trade. After a most careful and rigcrous examination of our coasts and a thorough investigation of the subject, we have not been able to discover that any slaves have been imported into the United states except the cargo by the Wanderer, numbering betweea three and four handred. Those engaged in this un- Jawful enterprise have been rigorously prosecuted, but not with as much success as their crimes have deserved. A number of them are stiil under pro- secution. Our history proves that the fathers of the repub- lic, in advance of all other nations, condemned the African slave trade. It was, notwithstanding, deemed expedient by the framers of the constitu- tion to deprive Congress of the ponte to prohibit “ the migration or ixportation of such persons as any of the States now existing shall think proper to admit” “ prior to the year one thousand eight hun- dred and cight.” It will be seen that this restriction on the power of Congress was confined to such States only as might think proper to admit the importation of slaves. It did not extend to other States, or to the trade carried on abroad. Accordingly, we find that so early as the 22d March, 1794, Congress passed an act imposing severe penalties and punish- Tents upon citizens and residents of the United States who should engage in this trade between foreign nations. The provisions of this act were eae and enforced by the act of 10th May, 800. Again: the States themeelves had a clear right to waive the constitutional privilege intended for their benefit, and to prohibit, by their own laws, this trade at any time they thought proper pre- vious to 1808. Several of them exercised this right before that period, and among them some contatn- ing the greatest number of claves. This gave to Con- gress the immediate power to act in regard to all such States, because they themselves had removed the constitutional barrier. ‘Congress accordingly passed an act on 28th February, 1803, “to prevent the importation of certain persons into certain States where, by the laws thereof, their admission is prohibited.” Jn this manner the importation of Airican slaves into the United States was, to a great extent, prohibited some years in advance of 1808. As the year 1508 approached, Congress deter- mined not to suffer this trade to exist even fora single day after they had the power to abolish it. On the 2d of March, 1807, they passed an act to take effect “from and atter the Ist day ef January, 1808,” prohibiting the importation of African slaves into the United States. This was followed by subse- quent acts of a similar character, to which I need not specially refer. Such were the principles and such the practice of our ancestors more than fifty years ago in regard to the African slave trade. It did not occur to the revered patriots who had been delegates to the Convention, and afterwards became members of Congress, that in passing these laws they had violated the constitution which they had framed with so much care and deliberation. They supposed that to prohibit Congress, in ex- press terms, from exercising a specified power be- fore an appointed day, pec: involved the eee to exercise this power after that day had ar- rived. It this were not the case, the framers of the con- stitution had expended much labor in vain, Had they imagined that Congress would possess no power to prohibit the je either before or after 1808, they would not have taken so much care to protect the States against the exercise of this power before that period. Nay.more—they would not have attached such vast importance to this provision as to have excluded it from the possibility of future repeal or amendment to which other portions of the constitution were exposed. {t would, then, have been wholly unnecessary to engraft on the fifth article of the constitution, prescribing the mode of its own tu- tare amendment, the proviso, ‘that no amendment. which may be made prior to the 1808 shall in any manner affect” the provision in the constitution securing to the States the right to admit the impor- tation of African slaves previous to that period. According to the adverse construction the clause itself, on which so much care and discussion had been employed by the members of the convention, was an absolute nullity from the beginning, and all mae has since been ion. It was well and wise to confer this power on Con- gress, because, had it been left to the States, its effi- Cient exercise would have been impossible. In that event any one State could have effectually contina- ed the trade not only for iteelf but for all the other slave States, though never so much against their will. And why? Becanse African slaves, when once brought within the limits of any ono State, in accordance with its laws, cannot practically be exelnded from na other State where slavery exists. And even if all the States had separately passed laws prohibiting the fmportation of slaves, those laws would have lailed of efleot for want of a jone under it a mere usurpa- naval force to capture the slavors and to guard the | coasts. Such a force no State can employ in time of peace without the consent ef Congress. ‘These acts of Congress, it is believed, kave, with very rare aud insignificant ane appre accom lished their purpose. For 8 p of more tasn halfa century there has been no pares pare ad: dition to the number of our domestic slaves. De ring thie period their advancement in civilization has tar surpassed that of any other portion of the Alrican race. The light and the blessings of Chris- tiapity have been extended to them, and both their moral aud physical coudition has been greatly improved, Reopen the trade, and it would be diffionlt to deter- mine whether the effect would be more deleterious on the interests of the master or on those of the na- tive born slave. Of tho evils to the master, the one most to be dreaded would be the inwoduction of wild, heathen ana ignorant barbariaas among the sober, orderly and quiet slaves, whose ancestors have been on the soil for several generations. This might tend'to barbarize, demoralize and exas- perate the whole muss, and produce the most de- plorable consequences. ‘The effect upon the existing slave would, if pos- sible, be still more deplorable. At present he is treated with kindness aud bumanity, Ae is well sed, well clothed, and sot overworked. His condi- tion is mcomparably better than that of the coolies which medern vations of high civilization have em- ployed as a substitute for African slaves. Both the philanthropy and the self-interest of the master have combined to produce this hnmaqe result. But let this trade be reopened, and what will he the effect? The same, to 2 ocon- siderable extent, as on a neignboring island - the only spot now on earth where the African slave trade is openly tolerated; and this in defiance of so- lem treaties with a Power abusdantly able at aay moment to enforce their execution. There the mnaster, intent apon present gain, extorts from the slave as much labor as his physical powers are capable of enduriog—knowing that, when death comes to his relief, his place cau be supplied at a price reduced to the lowest point by the competi- tion of rival African slave traders. Should this ever be the cose in our country—which I do not deem possible—the present usetul character of the domestic institution, wherein those too old and too young to work are provided for with care and hu- manity, and those capable of labor are not over- tasked, would undergo an uofortunate change. The feeling of reciprocal dependence and attachment which now exists between master and slave would be converted into mutual distrust and hostility. But we are obliged as a Christian and moral nation to consider what would be the effect upon unhappy Africa itself if we should reopen the slave trade. This would give the trade an impulse and extension which it has never had even in its palmiest days. The numerous victims required to sopply it wouid convert the whole slave coast into a perfect Pandemonium, for which this country would be held responsible in the eyes both of God and man. Its petty tribes would then be constantly enggged in predatory wars against each other for the purpose of seizing slaves to supply the American market. All hopes of African civili- zation would thus be ended. On the other hand, when a market for African slaves shall no longer be furnished in Cuba, aad thus all the world be closed against this trade, we may then indulge a reasonable hope for the gradual improvement of Africa. The chief motive of wat umong the tribes will cease whenever there is no longer any demand for slaves. The resources of that fertile but miserable country might thea be developed by the hand of industry and afford sub- jects for legitimate forcign and domestic commerce. Io this manner Christianity and civilization may gradually penetrate the existing gloom, OUR TREATIES WITH CHINA. ‘The wisdom of the course pursued by this gov- ernment towards China has been vindicated by the event. Whilst we sustained a neutral position in the war waged by Great Britain and Franca against the Chinese empire, our late Minister, in obedience to his instructions, judiciously co-operated with the Ministers of these Powers in all peaceful mea- sures to secure by treaty the just concessions de- manded by the interests of foreign commerce. ‘The resultis, that satisfactory treaties have been concluded with China by the respective Ministers of the United States, Great Britain, Fraace and Russia. Our “treaty, or general convention ot peace, amity end commerce,” with that empire was concluded at Tientsin on the 18th June, 1858, and was ratified by the President, by and with the ‘ad- vice and consent of the Senate, on the 21st Decem- her following. On the 15th December, 1858, John FB. Ward, a distinguished citizen of Georgia, was duly commis- foned as envoy extraordinary and minister pleni- potentiary to China. He left the United Statos for the place of his destination on the 5th of February, 1859, bearing with him the ratified copy of this treaty, and arrived at Shangbae on the 24th May. From thence he proceeded to Peking, on the 16th doze, but did not arrive at that city until the 27th duly, According to the terms of the treaty the ratifications were to be exchanged on or before the 18th June, 1859. This was rendered impossible by reasons and events beyond his control, not neces- sary to detail; but still itis due to the Chinese au- thoritios at Shangbae to state that they always as- sured him no advantage should be taken of the de- lay, and this pledge has been faithfully redeemed ‘On the arrival of Mr. Ward at Pekin he re- quested an audience of the Emperor to pre- sent his letter of credence. This he did not obtain, in tect ey of bis very proper refusal to submit to the humiliating ceremonies required by the etiquette of this strange people in approaching weir sovereign. Nevertheless the interviews on this question were conducted in the most friendly spirit and With all due regard to his persoval feel- mgs and the honor of his coantry. When a pre- sentation to his Majesty was found to be impossibie the letter of credence from the President was received with peculiar honors! by Kweiliang, “the Emperor's Prime Minister and the second man in the empire to the Emperor himself.” The ratifi- cations of the treaty were afterwards, on the 16th of August, exchanged in proper form at Pei-tsang, As the exchange did not take place until after the aay prescribed by the treaty, it is deemed proper, Ls fore its publication, again to submit it to the nate. It is but simple justice to the Chinese authorities to observe that, throughout'the whole transaction they appear to have acted in good faith andin a friendly spirit towards the United States. Itis true this has been done after their own peculiar fashion; but we ought to regard with a lenient eye the aucient customs of en empire dating back for thousands of years, so far as this may be consistent with our own national honor. The conduct of our minister on the occasion has received my entire approbation. In order to carry out the spirit of this treaty, and to give it full effect, it became necessary to con clude two supplemental conventions—the one for the adjustment and satisfaction of the claims of our citizens, and the other to fix the tariff on imports and exports, and to regulate the transit duties and trade of our merchants with China, This duty was satisfactorily performed by our late minister. These conventions bear date at Shanghai on the 8th of November, 1858. Having been considered in the light of binding agreements subsidiary to the prin- cipal treaty, and to be carried iito execution with: out d@lay, they do not provide for any formal rati- fication or exchange of ratifications by the con- tracting parties, This was not deemed necessary by the Chinese, who are already ) et J in good faith to satisfy the claims of our citizens, and, it is hoped, to carry out the other pro- visions of the conventions. Stilt thought it was proper to submit them to the Senate, by which they were ratified on the 3d March, 2859. the ratified copies, however, did not reach Shang- hai until after the departure of our minister to Pekin, and these conventions could not, therefore, be ex- changed at the same time with the principal treaty. No doubt is entertgined that they will be ratified and exchanged by the Chinese government, should this be thought advisable; but, under the circum- stances presented, I shall consider them bindin engagements from their date on both parties, an cause them to be published as such for the informa- tion and guidance of our merchants trading with the Chinese empire. ‘THE PARAGUAY EXPEDITION. It affords me much satisfaction to inform you that all our difficulties with the republic of Pura- y have been satisfactorily adjusted. It happily iid not become necessary to employ the force for cll ie gn ge Dic eg ng command, under their joint resolution of 2d June, 1868. On the Reread B President of that re- ublic, in a friendly spirit, acceded promptly to the and reasonable demands of the government of the United States. Our commissioner st Asuncion, the capital of the republic, on the 25th of January, 1859, and left it on the 17th of Februa ry, having in three weeks ably and succesefally ac- com all the objects of his mission. The treaties which he hes concluded will be immediate- ly submitted to the Senate. In the view that the employment of other than peaceful means might become ni to obtain “just satisfaction” from Paraguay, a strong naval force was concentrated in the watera of the La Pinta to await contingencies, whilst our commis siguor asconded the rivers to Asuncion, The = Navy Department's entiNed to great credit for the promplucss, eficienoy an economy with which } tween the forces of the two countries duriag | pendency of che existing negotiations, Uns expedition waa fitted oat and conducted, It consisted of ningkeen armed vessels, great and Finall, Carrying 200 guns and 2,600 men, all under the commend of the yeteran and gallant Shabrick, ‘The entire expenses of the ex; ion have beer defrayed out of the ordinary appre; as fer the naval service, exceps the sum of $289,000, applied tothe purchase of seven of the steamers, consituuing @ part of it, under the authority of the naval appro- pristiou act oi the $d March last, It is believed thet these steamers are worth more thau their cost, ard they are all now usefully aad actively em- ployed in the naval service. ‘The appearance of so large a force, fitted ont in snch @ prompt manner, in the fur distant waters of the La Plata, aud the admirable condact of the officers and men employed in it, have had a happy efect in favor of our pountwry throughout all that remote portion of the world. OUK RELATIONS WITH FRANCE AND RUSSIA. Our relations with the great empires of France and Rossia, as well as with all other governments on the condinent of kurope, unless we may except that of Spain, happily continue to be of the most friend- ly character. OUR DIFFERENCE WITH SPAIN YET UNSETTLED. Jn my Jat annnal message I preseated a etate- ment of the unewteefactory condition of our relw tions with Spain; and} regret to say that this has not materially improved. Without special reterence to other claia.s, even the “Cuban claims,” the pay- ment of which bos been ably urged by our min- isters, and in which more than a hundred of our citizens are directly interested, remain unsatisfied, notwithstanding both their justice and theic aaioun® ($128,635 54) bad been recognized and ascertained by the Spanish government itself. I again recommend that an appropriation be made “to be paid w the Spanish government for the purpose of distribution among the claimanta iv the Amistad case.” In common with wo of my predecessors, | entertaia no doubt that this is re quired by our treaty with Spain of the 27th Octo ‘The failure to discharge this obligation eb employed by the Cabinet of Madnd as a reason sgainst the seitlement of our claims, I need not repeat the arguments which 1 urged in my Isst annual message in favor of the acquisi- tion of Cuba by fair purchase. My opinions on that measure remain unchanged. J therefore again in- vite the serious attention of Congress to this impor- tant subject. Without a recognition of this policy on their part, it will be almost impossible to insti tute negotiations with any reasonable prospect o! BUCCCEB. THE CLAYTON AND BULWER TREATY. Until a recent period there was good reason to believe that { should be able co announce to you on the present occasion that our difficulties with Great Britain, azising out of the Clayton and Bulwer treaty had been finally adjusted in’a manner alike hoaor- uble and satisfactory to both parties. From causes. howe which the British government bad not anticipated, they have not yet completed treaty ar- rungements with the republics of Honduras and Ni caragua, in pursuance of the understanding be tween the two goveroments. It is, nevertheless, confidently expected that this good work will ere long be accomplished. ‘THY, NEW BOUNDARY DISPUTE WITH ENGLAND. Whilst indulging the hope that no other subject Tewained which could disturb the good under- Ftarding between the two countries, the question arising ont of the adverse claims of the parties ta the island of Sau Juan, under the Oregon treaty of the jsth of June, 1846, suddenly assumed athreatening prominence. In order to prevent upfortanate collisions on that remote frontier, ate Becretary of State, on the 17th J addressed a note to Mr. Crampton, then British er at Washington, communicating to hima copy of the instructions which be (Mr. Marcy) had iven, on the Mth July, to Governor Stevens, of ongton Territory, having a special refereuce to an “apprehended conflict between our citizens and the British subjects on the Island of San Juau.” To prevent this the Governor was instructed, “that he Territory should abstain from all isputed grounds which are calculated ke any conflicts, so far as it can be dose ‘t implying the concession to the authorities of Great Britein of an exctnslve Tight over the pre- tires. The tale vugin be settled before either party should attempt w exclnde the other by force, exercise complete and exclusive sovereign rights within the fairly disputed limits, In acknowledging the receipt on the next dav of Mr. Marcy's note, the British Minister expressed his entire concurrence “in the propriety of the course recommended to the Governor of Washingto: ir ritory by your (Mr. Marcy's) instructions to that oflicer,” and stating that he had “lost no time in transmitting a copy of thet docament to the Gover- por General of Britirh North America,” and had “earnestly recommended to his Excellency to take such mearures as to him may appear best calcuta- ted to secure, on the part of the British local au- thorities and the inhabitants of the neighborhood of the line m question, the exercise of the same spirit of forbearance which is inculeated by you Mr. Marcy) on the authorities and citizens of the United States.” Thus matters remained upon the faith of this arrangement until the 9th of July last, when Gen ta prov witho! Harney paid a visit to the Island. He found upon it twenty-five American residents with their families, end also an establishment of the Budsou’s Bay Compavy for the purpose of raising sheep. A short time before bis arrival one 6f these rebidents hod shot an animal belonging to the company, whilst trespassing upon his premises, for which, however, he offered to pay twice its value; bnt that was refvzed. Soon after “the chief factor of the company at Victoria, Mr. Dalles, so Ww of Gove Douglas, came to the Island ia the British stoop-of-war Satellite, and threatened to take “this American (Mr. Cutler) by force to Vic toria, to answer for the trespass he had committed. The American seized his rifle, and told Mr. Dalles if any such attempt was made he would kill him on the spot. The affair then ended.” Under these circumstances the American settlers presented a petition to the General, “ through the United States Inspector of Customs, Mr. Habbs, to place a force upon the islaod, to protect them from the Indians as well as the oppressive in- terference of the authorities of the Hudson Bay Company at Victoria with theic rights as American citizens.” The General immediately responded to this petition, and ordered Capt. Geo. E. Pickett, 9th infuntry, “‘to establish hiscompany on Bellevae, or San Juan island, on some suitable position near the harbor at the southeastern extremity.” This order was promptly obeyed, and a military post was established at the place designated. The force was afterwards increased, so that by the last re- turn the whole number ot troops then on the island amounted in the ageregate to 691 men. Whilst I do not deem it proper on the present occasion to go further into the subject, and discuss the weight which ought to be attached to the state- ments of the British colonial authorities, coutestin, thetaccuracy of the information on which tne gal- lant General acted, it was due to him that I should thus present his own reasons for issuing the order to Captain Pickett. From these it is quite clear his object was to prevent the British authorities on Vancouver's Island from exercising jurisdiction over American residents on the Island of San Juan, as well as to protect them against the incursions of the Indians. Much excitement prevailed for some time throughout that region, and serious danger of col- jision between the parties was apprehended. The British had a large naval force in the en: and it is butan act of simple justice to the admiral on that station to state that he wisely and d'screetly for- bore to commit any hostile act, but determined to refer the whole affair to his government and await their instructions. THE SUCCESSFUL MIRSION OF GEN. SCOTT. This aspect of the matter, in my opinion, demand- ed eerious attention. It would have been @ great calamity for both nations had they been precipitat- ed into acts of hostility not on the question of title to the island, but merely concerning what should be ita condition during the intervening period whilst the two governments might be employed in settling the question to which of them it belongs. For this reason Lieutenant General Scott was despatched oa the 17th ptlatrann last to Washington Territory, to take immediate command of the United States forces on the Pacific coast should he deem this neces- bev The main object.of his mission was to carry out the spirit of the precantional meat between the late Sec: -y of State and the British Minister, and thus to preserve the peace and pre- vent collision between the British and ican aut pending the negotiations between tho two governments. Entertaining no doubt of the of onr title, I need scarcely add that, in event, American citizens were to be placed on a footing atleast as favorable as that of British subjects, it being understood that Captain Pickett’s com should remain on the It is proper to observe that, considering the distance from the scene of action, and in ignorance of what mizht have transpired on the spot before the General's arrival, it was pecessaryto leave much to his dis- cretion, and am happy to state the ovent has proven that this discretion could not have been en- trusted to more competent bands. General S ott apy good reason to apprehend a collistombe- TBE DEPLOBABLR CONDITION OF MEXICO. Tregret wo be that there has been no im- provement in the irs of Mexico since my last annual message, and J am again obliged to ask the earnest attention of Congress to the unhappy com Cition of that republic, ‘ The constituent Congress of Mexico, which ad- journed on the 17th of February, 1857, adopted a constitution and provided for-a popular election, This took place the following Juty (1857), and General Comonfort was chosen ident, almost without opposition. Atthe same election a new Congress was chosen, whose first session com- menced on the 16th of September, 1857. By the constitotion of 1857 the Presidential term was to begin on the lst of December, 1857, and continue tor four years, On that day General Comonfort appeared before the assembled Cougress ia the uty of Mexico, took the oath to support the new constitution, and was duly inaugurated as Presi- dept. Within @ month afterwards he had been ériven from the cagital, and a military rebellion had. assigned the supreme power of tie republic to Gen. Znlonga. The constitution provided that in the absence of the President his office should de- volve npon the Chief Justice of the Supreme Court, and, Gen. Comonfort having left tbe ‘this nary, General Juarez, proceeded to form, at sjuaro, a constitutional government. Before this was officially knows, however, at the capital, the government of Zuloaga had been yeh pa by the evtire diplomatic corps, including the Minis- ter of the United States, as the de jsacto govern- went of Mexico. ‘he constitutional President, nevertheless, maintained his position with firmnee: and was soon established with his cabinet at Ve Cruz. Meanwhile, the government of Zaloaga was carnestly resisted in many parts of the repablic, und even in the capital, a portion of the army hav- g€ pronounced agaiust it, its functions were de- clared terminated, und an assembly of citizeus was invited for the choice of a new President. This as- sembly elected General Miramon, but that officer sepodiated the plan under which he was chosen, and Zuloaga was thus restored to his previous po- vition, He assumed it, however, only to withdraw from it, and Miramon having become by his ap- yointinent “Presi ient Substitute,” continues, with uat tide, at the head of the insurgent party. In wy last annual message I communicated to Congress the circumstances under which the late Minister of the Unised States suspended his offi- cial relations with the central government, and withdrew from the country. It was impossible to waintain friendly iatercourse with @ goveruaent hike that at the capital, under whose usurped au- hority wrongs were constantly committed, but er redressed. Had this been an established gov- emmment, with its power extending, by the consent of the people, over the whole of Mexico. a resort to hostilities against it would have been quite justi- table, snd, indeed, necessary. But the country was aprey to civil war; and it was hoped that the snc- cess of the constitutional President might lead to @ covdition of things less injurious to the United states. This. sucveas became so probable that, in January Jast, I employed a reliable agent to visit Mexico, and report to me the actual con- dition and prospecta of the contendiag par- ves. In copsequence of report, aud from information which reached ms from other sources, favorable to the prospects of the constitutioval cause, I felt justified in appointing a new minister to Mexico, who might embrace the earliest suitable opportunity of restoring our diplomatic relations wih that repubhe. For this purpose a distin guished citizen of Maryland was selected, who pro- ceeded on his mission on the 8th of March last, with discretionary autbority to recognise the gov- emment of President Juarez, if on his arrival in exico he should fiud it entitled to such recog- jon, according to the established practice of the United States. On the 7th of april following, Mr. McLane presented his credentials to Presideat Juarez, baving no hesitation “in pronouncing the government of Juarey to be the only existing soverpment of the republic.” He was cordially received by the euthorities at Vera Cruz, and ‘hey have ever since roanifested the most friendly dis- position towards the Upited States. Unhap- pily, however, the constitutional government wis HOt tecn able to establish its power over ibe whole republic. It is supported by a large ma- jority of the people and the States, but there areim- portant parts of the country where it caa eaforce no obedien General Miramon maintains himsel/ ac the capital; aod in some of the distant proviaces iheve are military governors who pay little respect ro the decrees of ether government. In the mean- time the excesses which always attend upon civil ar, especially in Mexico, are constantly recurring. Outrages of the worst description are committed both upon persons and property. There isscarcely avy form of injury which has not been suflered by our citizens i» Mexico during the last few years. We have been uominally at peace with that repub- lic, but “so far as the interests of our commerce or of our citizeus who have visited the country as merchants, shipmasters, or in other capacities, are concerned, we might as well have been at war.” Lite has been insecure, property unprotected, and trade impossible except at a risk of loss which pra- dent men cannot be expected to incur. Important contracts, involving large expenditures, entered ints by the central government, have been setat defi- ance by the local governments. Peaceful American residents, occupyin z their rightful possessions, have been suddenly expelled the country, in defiance of treaties, and by the mere torce of arbitrary power. Even the course of justice has not been safe from control, and a recent decree of Miramon permits the intervention of government in all suits where either party isa foreigner. Vessels of the United States have been seized without law, and a consu- lar officer who protested against sugh seizure has been fined avd imprisoned tor disrespegt to the au- thorities. Military contributions have been levied in violation of every principle of right, and the American who resisted the lawless demand has had his property forcibly tuken away,and has been him- self bavished. From a conflict of authority in dif- ferent parts of the country, tariff daties which have been paid in one place have been exacted over again in another place. Large numbers of our citi- zens have been arrested and impr 1 with- out any form of examination y op- portunity for a heanng, and cven " when released have only obtained their liberty ‘after much suffering and injury, and without any hope of redvess. The wholesale massacre of Crabbe and his associates without trial in Sonora, as well as the seizure and murder of four sick Americans who had taken shelter in the house of an Ameri- can, upon the soil of the United States, was com- mupicated to Congress at its last seasion. Murders of a still more atrocious character have been com- mitted in the very heart of Mexico, under the authority of Miramon’s government, during the preeent year. Some of these were only worthy of 4 barbarous age, and, if they bad not been clearly proven, would have seemed impossible in a coun- ty which claims to be civilized. Of this descrip- tion was the brutal massacre in April last, by order of General Marquez, of three american physicians, who were seized in the hospital at Tacubaya while attending upon the sick and dying of both parties, and without tial, as without crime, were hurried away to speedy execution. Little Jess. shock- ing was the recent fate of Ormond Chase, who was shot in Tepic on the 7th of August, by order of the same Mexican general, not only without a trial, but without any conjecture by his friends of the cause of his arrest. He is repre- sented as a youog man of good character and utelligence, who had made numerous friends in Tepic by the courage and humanity which he had displayed on several trying occasions, and his death Nake ar Unexpected as it was shocking to the whole community. Other outrages might be enu- merared, but these are sufficient to illustrate the wretched state of the country and the unpro- tected condition of the persona and property of our citizens in Mexico. In ali theee cases our ministers have been con- stant and faithful in their demands for redress, bat both they ond this government, which they have suecessively represented, have been Wholly pow- erless to make their demands effective. Their tes- timony in this reepect, and in reference to the only remedy which, in their jadgments, would meet the exigency, has been both uniform and emphatic. “Nothing but a manifestation of the power of the government of the United States (wrote our late ister in 1856), and of its purpose to punish these wi will avail. I assure you that the uni- vereal belief here is that there is nothing to be ap- rehended from the government of United tates, and that local Mexican officialacan commit these outrages upon American citizens with abso- lute impunity.” “hope the President” (wrote our present Minister in August last) ‘will feel au- tho to ask from Congress the Power to enter Mexico with the military forces of the United Btates, at the call of the constitutional authoritics, in order to protect the citizens and the treaty rights of the United a. Unte® such a power is conferred upon him, neither the one nor te other will be respected in the existing state of saat- chy and disorder, and the outragea already perpe- trated will never be chastised; aad, as [ assuced ae | = en] PRICE TWO CENTS Jed to the came opinion, and, in justice to trymen who have eoffered wronge poly: hee mg aud who may stil suffer toem, I feel bound to am magpse this conclusion to Congress. case presented, however, is not cas of individual claims, although oor just t Mexico have reached a very large amount ‘or is it. merely the case of protection to the lives. and property of the few Americans whe may sii re! Mexico, although the life and property of every American citizen ought to be enrediy tected in every quarter of the world. Bat it Laie shestion which relates to the future as well ag te ie preseny and the past, and which invelyes, rectly at least, the whole subject of our duty Mexico as a neighboripg State. The exercise the power of the United States in that coumwy redress the wrongs and protect tue rights ef our own citizens is noue the less to be desired, because efficient and necessary aid may thas be rendered ab the same time to restore pence and order to Mexi- co itself. In the accomplishment of this result the people of the United States must necessarily feel a deep and earnest interest. Mexico onghste be ® rich and prosperovs and powerful republic. Teas sacl Siot of Bla aoe an incalct re 0 we: Sbe occupies between the sash can be given up to anarch; Tuin without fort from apy quarter for its rescue and its Will the commercial nations of the world, have so ae dcr nay connected with it, remeim wholly indifferent to such a result? Can the United States, especixlly, which ought to share moet largely iu its commercial intercourse, allow their immediate neighbor thus to destroy itself ami injure them? Yet, without support irem some quarter, it is impossible to perceive how Mexies can resume her position among nations and enter ee a career which promises any good results. ‘the aid which she requires, and which the interests of ali commercial countries require that she shoul have, it belongs to this government to render, no& only by virtue of our neighborhood to Mexisa, along whose territory we have a continuous from tier of nearly a thousand miles, but by virtue, ot our established policy, which is inconsistent the intervention of any European Power in the meatic concerns of that republic. The wrongs which we have suffered from Mextee are before the world, and must deeply imprem every American citizen. A government which i# either uoable or unwilling to redress such wre! is derelict to its highest duties. The difficulty com sists in selecting and enforcing the remedy. We may in vain apply to the constitutional g :vernmemt at Vera Cruz, although it is well disposed to de we justice, for adequate redress. Whilst its au is acknowledged in ali the important throughout the sea coasts of the republic, its power does not extend tothe city of Mexico aud the States in ita vicinity, where nearly all the reeem’ outrages have been committed on American oiff- zene. We must penetrate ivto the iaterior before. we can reach the ofienders, and_ this can only be done by passing through the territory in the ecom- pation of the constitutional government. The most acceptable and least difficult mode a accomplishing the object will be to ag in concert with that government. Their com sent and their aid might,I believe, be ob but if not. our obligation to protect our own off zens in their just rights, secured by treaty, would not be the less imperative. For these reasons, ¥ recommend to Congress to pass a law authorizing the President, under such conditions as they deem expedient, to employ a sufficient nui force to enter Mexico for the purpose of ob! indemnity for the past and security for the futase. 1 purposely refrain fromm any suggestion as to whe- ther this force shall consist of regular troops or ve- lunteers, or both. This question may be most » propriately left to the decision of Congress. would merely observe that, should volunteers ba selected, such a force could be easily raised im this country among those who sympathize with the sul ferings of our unfortunate fellow citizeus in Mexi- co, and with the unhappy condition of that republia. Such an accession to the forces of the constitutional government would enable it soon to reach the of Mexico and extend its power over the whole public. In thatevent there is no reason to dombé that the just claims of our ¢ttizens would be satisfied an@l adeqnete redress obtaiwed for the injuries inflicted upon them. The constitutional government have ever evinced a strong desire to do us justice, amt this might be secured in advance by a preliminasy treaty. iv may be said that these measures will, at least indirectly, be inconsistent with our wise and seteledL policy not to interfere in the domestic concerns of foreign vations. But does not the present case fairly constitute an exception? An ba 4 re public is in a state of aparchy and_ confasion from which she has preved wholly unable to extricate heiself. She is entirely destitate of the power to majotain peace upon her borders, or to prevent the incursions of Landitti into our territory. In hee fate and in her fortane—in her power to establigh and maintain @ settled gorcrnment—we have » fur deeper interest, socially, commercially and pe- Jitically than any other nation. She is now a wreak upon the ocean, drifting about as she is impelled by different factions. Asa good neighder, shall we not extend to hera helping hand to save her? we do not, it would not be surprising should seam. other nation undertake the task, and thus force wm to interfere at Jast, under circumstances of im creased difficulty, for the maintenance of our ow tablished policy. M'" ‘TARY POSTS ON THE MBXICAN FRONTIER. In. atthe recommendation contained in last annual messege, that authority may be giver! the President to catablish one or more te military posts across the Mexican line im and Chibuahua, where these may be neoeasary te pier the lives and property of American ami Mexican citizens against the incursions and de; tions of the Indians, as well as of lawless rovers fim that remote region. The establishment of one such post ata pea called Arispe, in Sonors, in @ country now almost depopulated by the hostile tm roads of the Indians from our side of the line, weuk, it is believed, have prevented much injury and maar cruelties daring the past season. A state of law- leseness and violence prevails on that distant from tier. Life and property are there wholly insecure. The population of Arizona, now numberia; than ten thousand souls, are practically ef goverpment, of laws, or of any regular adestuie tration of justice. Murder, rapine,and othor crimes are committed with impunity. 1 therefore ageim call the attention of Congress to the necessity for establishing a territorial government over Arizona. The treaty with Nicaragoa of the 16th Februazy, 1857, to which I referred in my last annual eee failed to receive the ratification of the gover of that republic, for reasons which I need not ean- merate. A similar treaty has been since conal between the parties, bearing date on the March, 1859, which has already been ratified by the Nicaraguan Congress. This will be immediately submitted to the Senate for their ratification. Its provisions cannot, I think, fail to be acceptable te the people of beth countries. Our claims against the governments of Costa Rica and Nicaragua remain uuredressed, though oe eb eo @n earnest manner, amd met. without bope of success. I deem it to be my duty once more epragn recommend to Congress the passage of & authorizing the President to employ the naval. force at his command for the purpose of protect ing the lives and property of American citizens passing in transit across the Panama, Nio: and Tebuantepec routes, against sudden and law- lesa outbreaks and depredations. 1 shall not re eat the arguments employed in former mi i f this measure. Suffice it to say In support of the lives of many of our people, and the security of vast amounts of treasure passing and Se over one or more of these routes between the Jantic and Pacific, may be deeply involved in the action of Congress on this subject. I would aJso again recommend to Congress jthas, authority be given to the President to employ the paval force to protect American merchant vi their crews and cargoes, against violent and lag less seizure and conflation in the of Moxiee and the Spanish American States when these coun- tries may be in @ disturbed and revolutionary com dition. e mere knowledge that such an author y had been cenferred, as I have already stated, would of itself, in a great degree, prevent the evil. Neither would this require any additional apprepei- ation for the naval service. ie POWER ote! wel ol a The chiet objection urged against this authority is, that Congress, by sro it, would violate the constitution—that it would he @ transfer of the war-making, or, reat speaking, the wet-declaring power to the Executive. If were Well founded, it would, of course, be sive. A very brief exaniination, however, will place this objection ‘3 bev ia Congress possess exclusive pewer, under the constitution, “to declare war 4 alone can “raise and support armies,” and “ and maintain 3 navy.” t after Congress have declared war, and provided the force to carry it on, the President, as Comne lorie you io my No. 23, all these evils must increase un- | Chief of the army and navy, can alone employ this bas recently returned from his mixsion, having suc- | tilevery vestige of order aud goveromeat disap- qosslully accomplished ite oujects, and there is uo pears irom the wwuatry.” TL have boon reluctantly force in waking waragainst the enemy. Tais ip ‘tho plain language, aud bintory proves that it wag