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Cases have heretofore arisen in which individuals have denied the binding authority of acts of Congress, and even States have proposed to nullify such acts upon the ground that the Constitution was the supreme law of the land, and that those acts of Congress were repugnant to that instrument; but nullification is now aimed not so much against particular laws as being inconsistent with the Constitution as against the Constitution itself, and it is not to be disguised that a spirit exists, and has been actively at work, to rend asunder this Union, which is our cherished inheritance from our Revolutionary fathers.
In my last annual message I stated that I considered the series of measures which had been adopted at the previous session in reference to the agitation growing out of the Territorial and slavery questions as a final settlement in principle and substance of the dangerous and exciting subjects which they embraced, and I recommended adherence to the adjustment established by those measures until time and experience should demonstrate the necessity of further legislation to guard against evasion or abuse. I was not induced to make this recommendation because I thought those measures perfect, for no human legislation can be perfect. Wide differences and jarring opinions can only be reconciled by yielding something on all sides, and this result had been reached after an angry conflict of many months, in which one part of the country was arrayed against another, and violent convulsion seemed to be imminent. Looking at the interests of the whole country, I felt it to be my duty to seize upon this compromise as the best that could be obtained amid conflicting interests and to insist upon it as a final settlement, to be adhered to by all who value the peace and welfare of the country. A year has now elapsed since that recommendation was made. To that recommendation I still adhere, and I congratulate you and the country upon the general acquiescence in these measures of peace which has been exhibited in all parts of the Republic. And not only is there this general acquiescence in these measures, but the spirit of conciliation which has been manifested in regard to them in all parts of the country has removed doubts and uncertainties in the minds of thousands of good men concerning the durability of our popular institutions and given renewed assurance that our liberty and our Union may subsist together for the benefit of this and all succeeding generations.
MILLARD FILLMORE.
SPECIAL MESSAGES.
WASHINGTON, December 12, 1851.
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to ratification, a treaty of friendship, commerce, and navigation between the United States and the Republic of Costa Rica, signed in this city on the 10th day of July last.
MILLARD FILLMORE.
WASHINGTON, December 15, 1851.
To the Senate of the United States:
I transmit to the Senate a report[13] of the Secretary of State, in answer to their resolution of the 8th of March last.
MILLARD FILLMORE.
[Footnote 13: Relating to the free navigation of the St. Lawrence, St. John, and other large rivers, and to the free enjoyment of the British North American fisheries by United States citizens.]
WASHINGTON, December 15, 1851.
To the Senate of the United States:
I have received a resolution of the Senate, adopted on the 12th instant, in the following terms:
Resolved, That the President of the United States be requested to communicate to the Senate, if not inconsistent with the public interest, any information the Executive may have received respecting the firing into and seizure of the American steamship Prometheus by a British vessel of war in November last near Greytown, on the Mosquito Coast, and also what measures have been taken by the Executive to ascertain the state of the facts and to vindicate the honor of the country.
In answer to this request I submit to the Senate the accompanying extracts from a communication addressed to the Department of State by Mr. Joseph L. White, as counsel of the American, Atlantic and Pacific Ship Canal Company, dated 2d instant.
This communication is the principal source of the information received by the Executive in relation to the subject alluded to, and is presumed to be essentially correct in its statement of the facts. Upon receiving this communication instructions such as the occasion seemed to demand were immediately dispatched to the minister of the United States in London. Sufficient time has not elapsed for the return of any answer to this dispatch from him, and in my judgment it would at the present moment be inconsistent with the public interest to communicate those instructions. A communication, however, of all the correspondence will be made to the Senate at the earliest moment at which a proper regard to the public interest will permit.
At the same time instructions were given to Commodore Parker, commanding the Home Squadron, a copy of which, so far as they relate to the case of the Prometheus, is herewith transmitted to the Senate.
MILLARD FILLMORE.
WASHINGTON, December 16, 1851.
To the Senate of the United States:
In answer to the resolution of the Senate of the 9th instant, requesting information in regard to the imprisonment of John S. Thrasher at Havana, I transmit a report from the Secretary of State and the documents which accompanied it.
MILLARD FILLMORE.
WASHINGTON, December 16, 1851.
To the Senate of the United States:
In answer to the resolution of the Senate of the 8th instant, requesting the communication of a dispatch[14] addressed to the Department of State by Mr. Niles, late charge d'affaires of the United States at Turin, I transmit a report from the Secretary of State, which is accompanied by a copy of the dispatch.
MILLARD FILLMORE.
[Footnote 14: On the subject of a ship canal between the Atlantic and Pacific oceans.]
WASHINGTON, December 23, 1851.
To the House of Representatives:
I transmit to the House of Representatives a report from the Secretary of State, in answer to the first part[15] of a resolution of the 15th December, 1851, and also a report from the Secretary of the Navy, in answer to the remaining part[16] of the same resolution.
MILLARD FILLMORE.
[Footnote 15: Relating to the conclusion of a treaty between Spain, France, and Great Britain in respect to the island of Cuba.]
[Footnote 16: Pertaining to the relative strength of the British, French, and United States squadrons in the West India seas, and whether additional appropriations are necessary to increase the United States force on that station.]
WASHINGTON, December 23, 1851.
To the House of Representatives:
In answer to a resolution of the House of Representatives of the 15th instant, requesting information in regard to the imprisonment, trial, and sentence of John S. Thrasher in the island of Cuba, I transmit a report from the Secretary of State and the documents which accompanied it.
MILLARD FILLMORE.
WASHINGTON, December 29, 1851.
To the Senate and House of Representatives:
I transmit herewith a copy of a letter of the 26th instant, addressed to the Secretary of State by the contractors for paying the next installment due to Mexico pursuant to the treaty of Guadalupe Hidalgo, representing the necessity of an immediate appropriation by Congress of the money necessary for that purpose.
MILLARD FILLMORE.
WASHINGTON, January 2, 1852.
To the House of Representatives:
As a further answer to the resolution of the House of Representatives of the 15th ultimo, calling for information respecting the imprisonment, trial, and sentence of John S. Thrasher in the island of Cuba, I transmit another report from the Secretary of State.
MILLARD FILLMORE.
WASHINGTON, January 2, 1852.
To the House of Representatives of the United States:
I transmit to the House of Representatives a copy of the resolution adopted by the Legislative Council of Canada, together with the copy of the note by which the resolution was communicated to this Government, expressing the satisfaction of that Council at receiving intelligence of certain donations in aid of the reconstruction of the library of the Canadian Parliament.
MILLARD FILLMORE.
[The same message, dated January 6, 1852, was sent to the Senate.]
WASHINGTON, January 3, 1852.
To the Senate of the United States:
I nominate Elisha Whittlesey and Elias S. Terry to be commissioners under the seventeenth article of the treaty concluded with the Cherokee tribe of Indians at New Echota on the 29th day of December, 1835, to adjudicate the claim of David Taylor for 640 acres of land, which has been duly appraised in accordance with the terms of the ninth article of said treaty, but not paid for. The facts of the case will more fully appear in the accompanying papers from the Department of the Interior.
MILLARD FILLMORE.
WASHINGTON, January 5, 1852.
To the House of Representatives:
I transmit to the House of Representatives a report of the Secretary of State, relative to the persons belonging to the expedition of Lopez who were taken prisoners in Cuba and afterwards sent to Spain, and who have now been pardoned and released by Her Catholic Majesty. The appropriation the expediency of which is suggested in the report I cordially commend to the consideration of Congress, with the single additional suggestion that to be available it should be promptly made.
MILLARD FILLMORE.
[The same message was sent to the Senate.]
WASHINGTON, January 9, 1852.
To the House of Representatives:
In answer to a resolution of the House of Representatives of the 15th ultimo, requesting information in regard to the Territory of Utah, I transmit a report from the Secretary of State, to whom the resolution was referred.
MILLARD FILLMORE.
WASHINGTON, January 12, 1852.
To the House of Representatives:
In answer to the resolution of the House of Representatives of the 5th instant, I herewith transmit to it a report and accompanying papers[17] from the Secretary of State.
MILLARD FILLMORE.
[Footnote 17: Relating to a circular issued by the secretary of state for the British colonial department relative to the employment in the British West India colonies of free blacks and liberated slaves from the United States.]
WASHINGTON, January 16, 1852.
To the House of Representatives:
I transmit a copy of a letter which has been addressed to me by the secretary of the Territory of Utah since my recent message to the House of Representatives in answer to its resolution requesting information in regard to the affairs of that Territory.
MILLARD FILLMORE.
WASHINGTON, January 19, 1852.
To the Senate and House of Representatives of the United States:
I transmit to Congress a report from the Secretary of State, accompanied by a letter to him from the contractors for paying the installment of Mexican indemnity due on the 31st May next, and respectfully invite attention to the subject.
MILLARD FILLMORE
WASHINGTON, January 20, 1852.
To the Senate and House of Representatives of the United States:
I communicate to both Houses of Congress a report from the Department of State, containing copies of the correspondence which has taken place between that Department and the minister of the United States in Paris respecting the political occurrences which have recently taken place in France.
MILLARD FILLMORE.
WASHINGTON, January 22, 1852.
To the Senate of the United States:
In compliance with a resolution of the Senate passed March 13, 1851, I herewith transmit a report of the Secretary of War, containing information in regard to the claims of citizens of California for services rendered and for money and for property furnished in 1846 and 1847 in the conquest of that country.
MILLARD FILLMORE.
WASHINGTON, January 23, 1852.
To the House of Representatives:
I transmit a report from the Secretary of State and the documents which accompanied it, upon the subject of a resolution of the House of Representatives of yesterday, relative to the Mexican indemnity.
MILLARD FILLMORE.
WASHINGTON, January 28, 1852.
To the House of Representatives:
In answer to the resolution of the House of Representatives of the 15th ultimo, requesting information respecting the seizure and confiscation of the bark Georgiana, of Maine, and brig Susan Loud, of Massachusetts,[18] I transmit a report from the Secretary of State and the documents which accompanied it.
MILLARD FILLMORE.
[Footnote 18: By the Spanish or Cuban authorities]
WASHINGTON, January 28, 1852.
To the House of Representatives:
In answer to the resolution of the House of Representatives of the 7th August, 1850, and the 17th December, 1851, requesting information touching the claims of citizens of the United States on the Government of Portugal, I transmit a report from the Secretary of State and the documents which accompanied the same.
MILLARD FILLMORE.
WASHINGTON, February 9, 1852.
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to ratification, a treaty of friendship, commerce, and navigation between the United States and the Republic of Peru, concluded and signed at Lima on the 26th day of July last.
A copy of a dispatch of Mr. J.R. Clay, the charge d'affaires of the United States at Lima, to the Secretary of State, bearing date the 6th December last, is also transmitted for the information of the Senate.
MILLARD FILLMORE.
WASHINGTON, February 10, 1852.
To the Senate and House of Representatives:
I transmit to Congress a copy of the instruction dispatched from the Department of State to the minister of the United States at London respecting the attack on the United States steamer Prometheus in the harbor of San Juan de Nicaragua by the British brig of war Express, and also a copy of the dispatches of Mr. Lawrence to that Department and of his correspondence with Her Britannic Majesty's principal secretary of state for foreign affairs on the same subject.
MILLARD FILLMORE.
EXECUTIVE CHAMBER,
Washington City, February 10, 1852.
To the Senate and House of Representatives of the United States:
I transmit herewith a report from the Secretary of the Interior, containing a report from Thomas U. Walter, architect for the extension of the Capitol.
MILLARD FILLMORE.
WASHINGTON, February 12, 1852.
To the House of Representatives:
In answer to the resolution of the House of Representatives of the 26th of December last, requesting information in regard to the seizure of the brig Arve[19] at Jeremie, in the island of St. Domingo, I transmit a report from the Secretary of State and the documents by which it was accompanied.
MILLARD FILLMORE.
[Footnote 19: By Haytien authorities.]
WASHINGTON, February 12, 1852.
To the Senate of the United States:
In compliance with the resolution of the Senate of the 26th ultimo, requesting information upon the subject of the mission of Mr. Balistier, late consul at Singapore, to eastern Asia, I transmit a report from the Secretary of State and the documents which accompanied it.
MILLARD FILLMORE.
WASHINGTON, February 13, 1852.
To the Senate of the United States:
I transmit herewith, for the constitutional action of the Senate, treaties recently concluded with certain Indian tribes at Traverse des Sioux, Mendota, Pembina, and Fort Laramie, together with communications from the Department of the Interior and other documents connected therewith.
MILLARD FILLMORE.
WASHINGTON, February 14, 1852.
To the House of Representatives:
I communicate to the House of Representatives herewith a report to me, dated the 13th instant, from the Secretary of the Interior, respecting the delay and difficulty in making the apportionment among the several States of the Representatives in the Thirty-third Congress, as required by the act of 23d May, 1850, in consequence of the want of full returns of the population of the State of California, and suggesting the necessity for remedial legislation.
The subject is one of much importance, and I earnestly commend it to the early consideration of Congress.
MILLARD FILLMORE.
[The same message was sent to the Senate.]
WASHINGTON, February 16, 1852.
To the Senate and House of Representatives of the United States:
I transmit to Congress a letter addressed to the Secretary of State by the commissioner of the United States under the convention with Brazil, setting forth the obstacles which have impeded the conclusion of the business of that commission.
MILLARD FILLMORE.
WASHINGTON, February 16, 1852.
To the Senate of the United States:
I herewith communicate to the Senate, for its consideration with a view to ratification, a treaty of commerce and navigation concluded by the minister resident of the United States at Constantinople with the charge d'affaires of the Shah of Persia at the same place. The treaty is in the Persian and French languages, but is accompanied by an English translation. A copy of the correspondence between the Department of State and the legation of the United States at Constantinople on the subject is also herewith communicated.
MILLARD FILLMORE.
WASHINGTON, February 18, 1852.
To the House of Representatives:
In answer to the resolution of the House of Representatives requesting the official correspondence respecting an alleged misunderstanding between Captain Long, of the Navy of the United States, and Louis Kossuth, I transmit reports from the Secretaries of State and of the Navy and the papers which accompanied them.
MILLARD FILLMORE.
WASHINGTON, March 1, 1852.
To the Senate and House of Representatives of the United States:
In compliance with the provisions of the act of Congress of the 11th August, 1848, I transmit to that body the copy of a dispatch from the commissioner ad interim of the United States at Canton, together with the copy of certain rules and regulations for masters, officers, and seamen of vessels of the United States of America at the free ports of China, which accompanied said dispatch, and which are submitted for the revision of Congress.
MILLARD FILLMORE.
WASHINGTON, March 4, 1852.
To the House of Representatives of the United States:
In compliance with the resolution of the House of Representatives of the 17th ultimo, I transmit herewith a report from the Secretary of the Navy and a report from the Solicitor of the Treasury Department in relation to the accounts of Prosper M. Wetmore, late navy agent in the city of New York.
MILLARD FILLMORE.
WASHINGTON, March 4, 1852.
To the Senate and House of Representatives of the United States:
I transmit to Congress a letter addressed to me by the governor of the Territory of Minnesota, with the statements to which it refers, of the disbursements up to the 1st of January last of the money appropriated by the act approved June 11, 1850, for the erection of public buildings in that Territory.
MILLARD FILLMORE.
WASHINGTON, March 4, 1852.
To the Senate and House of Representatives of the United States:
I transmit to Congress a dispatch addressed to the Secretary of State by the minister of the United States at Mexico, and the papers therein referred to, relative to the cemetery which has been constructed in the neighborhood of that city as a place of sepulture for the remains of the officers and soldiers of the United States who died or were killed in that vicinity during the late war, and for such citizens of the United States as may hereafter die there. A copy of the report of the agent who was sent for the purpose of superintending the work is also herewith transmitted. It will be seen that a sum of $2,500 or $3,000, in addition to the amount appropriated by the act of Congress approved September 28, 1850, is represented to be necessary to carry the objects of that appropriation into full effect. I accordingly recommend that provision therefor may be made.
MILLARD FILLMORE.
WASHINGTON, March 25, 1852.
To the House of Representatives:
As a further answer to the resolution of the House of Representatives of the 5th of January last, requesting information in regard to a circular of Her Britannic Majesty's secretary of state for colonial affairs in respect to the encouragement of the emigration of colored laborers from the United States to the British West India islands, I transmit another dispatch addressed to the Department of State by the minister of the United States at London.
MILLARD FILLMORE.
WASHINGTON, March 26, 1852.
To the Senate and House of Representatives of the United States:
At the close of the commission to adjudicate upon the claims of citizens of the United States under the treaty of Guadalupe Hidalgo I directed a list to be made of papers which had been presented to that commission, and, pursuant to the act of Congress approved 3d March, 1849, the papers themselves to be carefully arranged and deposited for safe-keeping in the Department of State. I deemed all this necessary as well for the interest of the claimants as to secure the Government against fraudulent claims which might be preferred hereafter. A few days since I was surprised to learn that some of these papers had been fraudulently abstracted by one of the claimants, and upon the case being made known to me by the Secretary of State I referred it to the Attorney-General for the purpose of ascertaining what punishment could be inflicted upon the person who had been guilty of this offense.
I now communicate to you his opinion and that of the attorney of the United States for this District, by which you will perceive that it is doubtful whether there be any law for punishing the very grave offense of fraudulently abstracting or mutilating the papers and public documents in the several Departments of this Government. It appears to me that the protection of the public records and papers requires that such acts should be made penal and a suitable punishment inflicted upon the offender, and I therefore bring the subject to your consideration, to enable you to act upon it should you concur with me in this opinion.
MILLARD FILLMORE.
WASHINGTON, March 26, 1852.
To the House of Representatives:
In compliance with the resolution of the House of Representatives of the 18th instant, I transmit a copy of the correspondence with John P. Gaines, governor of the Territory of Oregon, relative to the seat of government of said Territory.
MILLARD FILLMORE.
WASHINGTON, March 29, 1852.
To the Senate of the United States:
In compliance with the resolution of the Senate of the 24th instant, relating to the extension of the Capitol, I have the honor to submit herewith a report from the Secretary of the Interior, which furnishes, it is believed, the required information.
MILLARD FILLMORE.
WASHINGTON CITY, March 29, 1852.
To the Senate of the United States:
I have the resolution of your honorable body adopted in executive session March 24, 1852, by which I am requested to return to the Senate the resolution advising and consenting to the appointment of George C. Laurason as collector of the customs for the district of New Orleans, provided a commission had not been issued to him, and in reply thereto I would respectfully state that prior to the receipt of said resolution I had signed the commission to Mr. Laurason and transmitted it to the Secretary of the Treasury, to whom your resolution was immediately referred; and I have the honor now to transmit his reply, by which it will be seen that the commission, after having been duly executed, was sent to the First Comptroller, where it still remains. I suppose, according to the doctrine laid down in the case of Marbury v. Madison (1 Cranch R., 137), the appointment must be deemed complete, and nothing short of the removal of Mr. Laurason can enable me again to submit his nomination to the consideration of the Senate; but as the commission has not been technically issued to Mr. Laurason, I deem it most respectful to comply with your request by returning the copy of the resolution which notified me that the Senate advised and consented to his appointment.
MILLARD FILLMORE.
WASHINGTON CITY, April 6, 1852.
To the House of Representatives:
In compliance with the resolution of the House of the 31st ultimo, I have the honor herewith to transmit a report from the Secretary of War, accompanied by the original manuscript report of Captain Thomas J. Crane, dated February 3, 1844, on the best mode of improving the navigation of the Ohio River at the Falls of Louisville, together with the original maps accompanying the same.
MILLARD FILLMORE.
WASHINGTON, April 8, 1852.
To the Senate of the United States:
I herewith transmit to the Senate, in reply to their resolution of the 4th ultimo, a report from the Secretary of State, with accompanying papers.[20]
MILLARD FILLMORE.
[Footnote 20: Relating to the relations between the United States and Japan.]
WASHINGTON, April 19, 1852.
To the Senate and House of Representatives of the United States:
I invite the attention of Congress to the state of affairs in the Territory of Oregon, growing out of a conflict of opinion among the authorities of that Territory in regard to a proper construction of the acts of Congress approved the 14th August, 1848, and 11th June, 1850, the former entitled "An act to establish a Territorial government of Oregon," and the latter entitled "An act to make further appropriations for public buildings in the Territories of Minnesota and Oregon." In order to enable Congress to understand the controversy and apply such remedy with a view to adjust it as may be deemed expedient, I transmit—
1. An act of the legislative assembly of that Territory, passed February 1, 1851, entitled "An act to provide for the selection of places for the location and erection of public buildings of the Territory of Oregon."
2. Governor Gaines's message to the legislative assembly of the 3d February, 1851.
3. The opinion of the Attorney-General of the United States of 23d April, in regard to the act of the legislative assembly of the 1st February, 1851.
4. The opinion of the supreme court of Oregon, pronounced on the 9th December, 1851.
5. A letter of Judge Pratt of the 15th December, 1851, dissenting from that opinion.
6. Governor Gaines's letter to the President of the 1st January, 1852.
7. Report of the Attorney-General of the United States on that letter, dated 22d March, 1852.
If it should be the sense of Congress that the seat of government of Oregon has not already been established by the local authorities pursuant to the law of the United States for the organization of that Territory, or, if so established, should be deemed objectionable, in order to appease the strife upon the subject which seems to have arisen in that Territory I recommend that the seat of government be either permanently or temporarily ordained by act of Congress, and that that body should in the same manner express its approval or disapproval of such laws as may have been enacted in the Territory at the place alleged to be its seat of government, and which may be so enacted until intelligence of the decision of Congress shall reach there.
MILLARD FILLMORE.
WASHINGTON, May 1, 1852.
To the Senate of the United States:
I transmit to the Senate, for their consideration and advice with regard to its ratification, a convention between the United States and the Free and Hanseatic Republics of Hamburg, Bremen, and Lubeck, signed in this city by their respective plenipotentiaries on the 30th day of April, A.D. 1852, for the mutual extension of the jurisdiction of consuls. A copy of a note from the special plenipotentiary of Hamburg, Bremen, and Lubeck accompanies the convention.
MILLARD FILLMORE.
WASHINGTON, May 5, 1852.
To the Senate of the United States:
On the 3d of March, 1849, a general convention of peace, amity, commerce, and navigation between the United States and the Republic of Guatemala, by Elijah Hise, the charge d'affaires of the United States to that Republic, on the part of this Government, and by Senor Don Jose Mariano Rodriguez, minister for foreign affairs, on the part of the Government of Guatemala. This convention was approved by the Senate on the 24th of September, 1850, and by a resolution of the 27th of that month that body authorized the ratification of this Government to be exchanged for the ratification of the Government of Guatemala at any time prior to the 1st of April, 1851. I accordingly ratified the convention on the 14th of November, 1850, but there was then no person in this country authorized to effect the exchange of ratifications on the part of the Guatemalan Government, and the United States had no diplomatic representative there. When, however, in the summer of 1851, Mr. J. Bozman Kerr proceeded to Nicaragua as the charge d'affaires of the United States, he was empowered and instructed, when he should have concluded the business, which it was presumed would not have detained him long, in Nicaragua, to repair to Guatemala and effect the exchange on the part of this Government. Circumstances, however, have hitherto prevented him from accomplishing this object. Meanwhile Senor Don Felipe Molina has been received as charge d'affaires of Guatemala here, and has been empowered to effect the exchange on the part of that Government.
I accordingly recommend that the Senate authorize a further extension of the period for exchanging the ratifications, in order that the convention may go into operation. It is presumed that if this recommendation should be adopted a few weeks from the date of the decision of the Senate upon the subject would be necessary to complete the preparations for carrying it into effect.
MILLARD FILLMORE.
WASHINGTON, May 29, 1852.
To the Senate of the United States:
The resolution of the Senate of the 6th instant, requesting the "papers and proofs on file in any of the Executive Departments touching the claim of Samuel A. Belden & Co., of Brownsville, Tex., against the Mexican Government for injuries inflicted upon said Belden & Co., as alleged by them in violation of the treaty of Guadalupe Hidalgo," was referred to the heads of those Departments, and the documents herewith transmitted have been reported to me from the Department of State as comprising all on the files of that Department called for by the resolution, with the exception of those of a diplomatic character. As the claim referred to is a subject of negotiation with the Mexican Government, it is not deemed expedient at this juncture to make public the documents which have been reserved. According to the reports of the Secretary of the Treasury, of the Secretary of the Interior, of the Secretary of War, of the Secretary of the Navy, and of the Postmaster-General, there are no papers in their respective Departments relative to the claim of Messrs. Belden & Co.
MILLARD FILLMORE.
WASHINGTON, June 1, 1852.
To the Senate of the United States:
I communicate to the Senate herewith, for its constitutional action thereon, eighteen treaties negotiated with Indian tribes in California, as described in the accompanying letter of the Secretary of the Interior, dated the 22d ultimo, with a copy of the report of the superintendent of Indian affairs for the State of California and other correspondence in relation thereto.
MILLARD FILLMORE.
WASHINGTON, June 11, 1852.
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States and the Sultan of Borneo, signed at Bruni on the 23d of June, 1850. A copy of two dispatches to this department from Mr. Balestier, who concluded the convention on the part of this Government, one dated the 22d of April and the other the 24th June, 1851, is also transmitted for the information of the Senate. As the period limited for the exchange of the ratifications, which is to be effected at Bruni, will expire on the 23d instant, I recommend that if the Senate should approve the convention authority may be given to perform that ceremony within a year from that date. The instrument would have been submitted to the Senate in season for the ratification to be exchanged within the stipulated time had not Mr. Balestier's arrival with it in the United States been unavoidably delayed.
MILLARD FILLMORE.
WASHINGTON, June 11, 1852.
To the Senate and House of Representatives:
I transmit to Congress a report from the Secretary of State, on the subject of the disorders on the Rio Grande frontier, and recommend the legislation which it suggests, in order that the duties and obligations of this Government occasioned thereby may be more effectually discharged and the peace and security of the inhabitants of the United States in that quarter more efficiently maintained.
MILLARD FILLMORE.
WASHINGTON, June 14, 1852.
To the Senate and House of Representatives:
I transmit herewith, for your consideration, a report from the Secretary of State, accompanied by a communication from His Excellency Senor Don A. Calderon de la Barca, envoy extraordinary and minister plenipotentiary of Her Catholic Majesty, claiming indemnity for those Spanish subjects in New Orleans who sustained injury from the unlawful violence of the mob in that city consequent upon hearing the news of the execution of those persons who unlawfully invaded Cuba in August, 1851. My own views of the national liability upon this subject were expressed in the note of the Secretary of State to Mr. Calderon of the 13th November, 1851, and I do not understand that Her Catholic Majesty's minister controverts the correctness of the position there taken. He, however, insists that the thirteenth article of the treaty of 1795 promises indemnity for such injuries sustained within one year after the commencement of war between the two nations, and although he admits this is not within the letter of the treaty, yet he conceives that, as between two friendly nations, it is within the spirit of it.
This view of the case is at his request submitted for your consideration, but whether you may deem it correct or not, there is, perhaps, one ground upon which this indemnity, which can not be large in amount, may be granted without establishing a dangerous precedent, and the granting of which would commend itself to the generous feelings of the entire country, and that is this: The Queen of Spain, with a magnanimity worthy of all commendation, in a case where we had no legal right to solicit the favor, granted a free pardon to all the persons who had so unjustifiably invaded her dominions and murdered her subjects in Cuba, in violation of her own laws as well as those of the United States and the public law of nations. Such an act of mercy, which restored many misguided and unfortunate youth of this country to their parents and friends, seems to me to merit some corresponding act of magnanimity and generosity on the part of the Government of this country, and I think that there can be none more appropriate than to grant an indemnity to those Spanish subjects who were resident among us and who suffered by the violence of the mob, not on account of any fault which they themselves had committed, but because they were the subjects of the Queen of Spain. Such an act would tend to confirm that friendship which has so long existed between the two nations and to perpetuate it as a blessing to both, and I therefore recommend it to your favorable consideration.
MILLARD FILLMORE.
WASHINGTON, June 22, 1852.
To the Senate of the United States:
I transmit herewith a report from the Secretary of State, with the accompanying documents,[21] in compliance with the Senate's resolution of the 29th of April last.
MILLARD FILLMORE.
[Footnote 21: Correspondence of the American charge at Vienna on the subject of the apprehension and imprisonment by the Austrian authorities of Rev. Charles L. Brace, an American citizen.]
WASHINGTON, June 22, 1852.
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to ratification, a convention for the mutual delivery of criminals fugitives from justice in certain cases between the United States on the one part and Prussia and other States of the Germanic Confederation on the other part, signed in this city on the 16th instant.
MILLARD FILLMORE.
WASHINGTON, June 23, 1852.
To the Senate of the United States:
I transmit herewith a report from the Secretary of State, with the accompanying documents,[22] in compliance with the Senate's resolution of the 3d instant.
MILLARD FILLMORE.
[Footnote 22: Correspondence relative to the withdrawal of Mr. Huelsemann, charge d'affaires from Austria to the United States.]
WASHINGTON, June 26, 1852.
To the Senate of the United States:
I transmit and commend to the consideration of the Senate a report from the Secretary of State, touching the convention between the United States and the Mexican Republic for the mutual extradition of fugitives from justice in certain cases, which convention I submitted to the Senate soon after I entered upon the office of President of the United States.
MILLARD FILLMORE.
DEPARTMENT OF STATE,
Washington, June 26, 1852.
The PRESIDENT OF THE UNITED STATES:
It was understood that at the close of the Administration of your predecessor an extradition treaty was concluded in this city between the United States and the Mexican Republic, which, however, was submitted to the Senate by yourself, but before I entered upon my present office.
It is presumed that as the treaty has not been returned to this Department the Senate has made no decision in regard to it.
The necessity for a compact upon that subject between the two Governments, whose territories, being conterminous, afford great facilities for wrongdoers in the one to screen themselves from punishment by seeking refuge in the other, would at all times be obvious, but at the present juncture may be considered as urgent.
I would consequently suggest that the attention of the Senate be respectfully invited to the matter, in order that if the treaty before them should be deemed objectionable another, embodying such amendments as may be supposed to be necessary, may be proposed to the Mexican Government.
Respectfully submitted,
DANL. WEBSTER.
WASHINGTON, June 26, 1852.
To the Senate of the United States:
I have received and taken into respectful consideration the resolution of the Senate of yesterday, adopted in executive session, requesting information in regard to supposed negotiations between the United States and Great Britain and between the United States and the Republics of Nicaragua and Costa Rica, respectively. Any information which may be in the possession of the Executive on these subjects shall in due time be laid before the Senate, but it is apprehended that it would not comport with the public interests to communicate it under existing circumstances.
MILLARD FILLMORE.
WASHINGTON, June 26, 1852.
To the Senate of the United States:
I have received the resolution of the Senate of the 11th instant, passed in executive session, making inquiry respecting supposed propositions of the King of the Sandwich Islands to convey the sovereignty of those islands to the United States and requesting all official information in my possession touching the subject.
This request has been taken into the most respectful consideration, but the conclusion at which I have arrived is that the public interest would not be promoted, but, on the contrary, might under circumstances of possible occurrence, be seriously endangered if it were now to be complied with.
MILLARD FILLMORE.
WASHINGTON CITY, July 1, 1852.
To the Senate of the United States:
On the 26th ultimo I received a resolution of the Senate, passed in executive session, in the following words:
Resolved, That the President of the United States be requested to inform the Senate, if not in his opinion incompatible with the public interest, whether any convention or compact has been entered into on the part of the United States and the Government of Great Britain whereby the two Governments jointly recommend or advise the Republics of Costa Rica and Nicaragua, or either of those Republics, and the Mosquito Indians, inhabiting the Mosquito Coast, in Central America, on matters affecting their several and respective boundaries, or whereby any recommendation or advice is given to either of said Republics or said Indians respecting the territorial rights thereafter to be enjoyed or observed by them respectively, or in any other manner affecting or regulating the relations hereafter to be maintained between said Republics themselves, or either of them, and the said Indians concerning their territorial boundaries or other matters thereto appertaining. And if there be any such convention or compact, then that the President be requested to communicate the same, or a copy thereof, to the Senate, and to inform the Senate whether the same was made at the request or invitation of either of said Republics or of said Indians, or with their privity, approbation, or consent. And that the President be further requested to communicate to the Senate copies of all correspondence between the Executive and Great Britain, or with either of said Republics of Central America, touching said convention, and of all documents connected therewith. And if such convention or compact has been made, that the President be further requested to inform the Senate whether the same has been formally communicated to the respective Governments of Nicaragua and Costa Rica and the Mosquito Indians on the part of the Governments of Great Britain and the United States, and in what form such communications have been made to them, and that he lay before the Senate copies of any instructions that have been given to the representatives or agents of the United States at Nicaragua and Costa Rica touching such convention and the matters therein contained, with copies of like instructions to any naval officer of the United States relating to or in any manner concerning the said convention or its communication to said Republics or said Indians.
On the same day I returned the following answer to that resolution:
I have received and taken into respectful consideration the resolution of the Senate of yesterday, adopted in executive session, requesting information in regard to supposed negotiations between the United States and Great Britain and between the United States and the Republics of Nicaragua and Costa Rica, respectively. Any information which may be in the possession of the Executive on these subjects shall in due time be laid before the Senate, but it is apprehended that it would not comport with the public interests to communicate it under existing circumstances.
Great was my surprise to observe this morning in one of the public journals a statement of what purports to be a proposition, jointly signed by Her Britannic Majesty's minister here and the Secretary of State, for the adjustment of certain claims to territory between Nicaragua, Costa Rica, and the Mosquito Indians. I have caused immediate inquiry to be made into the origin of this highly improper publication, and shall omit no proper or legal means for bringing it to light. Whether it shall turn out to have been caused by unfaithfulness or breach of duty in any officer of this Government, high or low, or by a violation of diplomatic confidence, the appropriate remedy will be immediately applied, as being due not only to this Government, but to other governments. And I hold this communication to be especially proper to be made immediately by me to the Senate, after what has transpired on this subject, that the Senate may be perfectly assured that no information asked by it has been withheld and at the same time permitted to be published to the world.
This publication can not be considered otherwise than as a breach of official duty by some officer of the Government or a gross violation of the confidence necessary always to be reposed in the representatives of other nations. An occurrence of this kind can not but weaken the faith so desirable to be preserved between different governments and to injure the negotiations now pending, and it merits the severest reprobation.
MILLARD FILLMORE.
WASHINGTON CITY, July 2, 1852.
To the Senate of the United States:
I herewith transmit, for the advice and consent of the Senate, a treaty recently negotiated with the Chickasaw Nation of Indians.
The nature and objects of the treaty are fully explained by the report of Mr. Harper, who negotiated it in behalf of the United States.
MILLARD FILLMORE.
WASHINGTON, July 2, 1852.
To the Senate and House of Representatives:
By an act of Congress approved on the 10th day of February, 1852, an appropriation of $6,000 was made for the relief of American citizens then lately imprisoned and pardoned by the Queen of Spain, intended to provide for the return of such of the Cuban prisoners as were citizens of the United States who had been transported to Spain and there pardoned by the Spanish Government. It will be observed that no provision was made for such foreigners or aliens as were engaged in the Cuban expedition, and who had shared the fate of American citizens, for whose relief the said act was intended to provide. I now transmit a report from the First Comptroller, with accompanying papers, from which it will be perceived that fifteen foreigners were connected with that expedition, who were also pardoned by the Queen of Spain, and have been transported to the United States under a contract made with our consul, at an expense of $1,013.34, for the payment of which no provision has been made by law. The consul having evidently acted with good intentions, the claim is submitted for the consideration of Congress.
MILLARD FILLMORE.
WASHINGTON, July 13, 1852.
To the House of Representatives:
In answer to the resolution of the House of Representatives requesting information relative to the policy of the Government in regard to the island of Cuba, I transmit a report from the Department of State and the documents by which it was accompanied.
MILLARD FILLMORE.
EXECUTIVE MANSION,
Washington City, July 26, 1852.
To the Senate of the United States:
In obedience to your resolution adopted in executive session June 11, 1852, I have the honor herewith to communicate a report[23] from the Secretary of the Interior, containing the information called for by that resolution.
MILLARD FILLMORE.
[Footnote 23: Relating to the boundary line between the United States and Mexico.]
WASHINGTON, July 27, 1852.
To the Senate of the United States:
In answer to the resolution of the Senate of the 19th instant, requesting the correspondence between the Government of the United States and that of the Mexican Republic respecting a right of way across the Isthmus of Tehuantepec, I transmit a report from the Department of State and the documents by which it was accompanied.
MILLARD FILLMORE.
WASHINGTON, July 29, 1852.
To the Senate of the United States:
In compliance with the resolution of the Senate of the 27th instant, I transmit the copy of the notes[24] of Mr. Luis de la Rosa and Mr. J.M. Gonzales de la Vega, which it requests.
MILLARD FILLMORE.
[Footnote 24: Upon the subject of the American and Mexican boundary commission.]
WASHINGTON, July 31, 1852.
To the Senate of the United States:
I communicate to the Senate herewith, for its constitutional action thereon, nineteen treaties negotiated by commissioners on the part of the United States with various tribes of Indians in the Territory of Oregon, accompanied by a letter to me from the Secretary of the Interior and certain documents having reference thereto.
MILLARD FILLMORE.
WASHINGTON, August 2, 1852.
To the Senate of the United States:
In answer to the resolution of the Senate of the 23d ultimo, requesting information in regard to the fisheries on the coasts of the British possessions in North America, I transmit a report from the Acting Secretary of State and the documents by which it was accompanied. Commodore M.C. Perry, with the United States steam frigate Mississippi under his command, has been dispatched to that quarter for the purpose of protecting the rights of American fishermen under the convention of 1818.
MILLARD FILLMORE.
WASHINGTON, August 9, 1852.
To the House of Representatives of the United States:
I transmit a report from the Acting Secretary of State and the documents by which it was accompanied, in answer to a resolution of the House of Representatives of the 22d ultimo, on the subject of the fisheries, and state for the information of that House that the United States steam frigate Mississippi has been dispatched to the fishing grounds on the coasts of the British possessions in North America for the purpose of protecting the rights of American fishermen under the convention between the United States and Great Britain of the 20th of October, 1818.
MILLARD FILLMORE.
WASHINGTON, August 10, 1852.
To the Senate of the United States:
I transmit a copy of the certificate of the exchange of the ratifications of the general convention of peace, amity, commerce, and navigation between the United States and the Republic of San Salvador, signed at Leon, in Nicaragua, on the 2d of January, 1850. It will be seen that the exchange was not effected until the 2d of June last, but that it was stipulated that the convention was not to be binding upon either of the parties thereto until the Senate of the United States should have duly sanctioned the exchange.
The Senate by its resolution of the 27th of September, 1850, authorized the exchange to take place at any time prior to the 1st of April, 1851.
Mr. Kerr, the charge d'affaires of the United States to Nicaragua, however, who was authorized to make the exchange on the part of this Government, was unavoidably detained in that Republic, in consequence of which the exchange could not be effected within the period referred to.
The expediency of sanctioning the exchange which has been made by Mr. Kerr, and of authorizing the convention to go into effect, is accordingly submitted to the consideration of the Senate.
MILLARD FILLMORE.
WASHINGTON, August 12, 1852.
To the Senate of the United States:
In answer to the resolution of the Senate dated the 20th ultimo, requesting information in regard to controversies between the consul of the United States at Acapulco and the Mexican authorities, I transmit a report from the Secretary of State and the documents by which it was accompanied.
MILLARD FILLMORE.
WASHINGTON, August 13, 1852.
To the Senate of the United States:
I transmit a report from the Secretary of State upon the subject of the relations between the United States and the Republics of Nicaragua and Costa Rica, in Central America, which has been delayed longer than I desired in consequence of the ill health of the Secretary of State.
MILLARD FILLMORE.
WASHINGTON, August 14, 1852.
To the Senate of the United States:
I have received a resolution from your honorable body of the 6th instant, appearing to have been adopted in open legislative session, requesting me "to inform the Senate, if not incompatible with the public interests, whether any propositions have been made by the King of the Sandwich Islands to transfer the sovereignty of these islands to the United States, and to communicate to the Senate all the official information on that subject in my possession;" in reply to which I have to state that on or about the 12th day of June last I received a similar resolution from the Senate adopted in executive or secret session, to which I returned an answer stating that in my opinion a communication of the information requested at that juncture would not comport with the public interest. Nothing has since transpired to change my views on that subject, and I therefore feel constrained again to decline giving the information asked.
MILLARD FILLMORE.
WASHINGTON, August 21, 1852.
To the Senate of the United States:
In answer to the resolution of the Senate of the 9th instant, requesting information touching the Lobos Islands, I transmit a report from the Secretary of State and the documents by which it was accompanied. The instructions to the squadron of the United States called for by the resolution will be communicated on an early future occasion.
MILLARD FILLMORE.
WASHINGTON, August 27, 1852.
To the Senate of the United States:
In answer to the resolution of the Senate of the 14th ultimo, requesting a copy of the correspondence of Mr. R.M. Walsh while he was employed as a special agent of this Government in the island of St. Domingo, I transmit a report from the Secretary of State and the documents by which it was accompanied.
MILLARD FILLMORE.
WASHINGTON, August 27, 1852.
To the Senate of the United States:
I transmit a further report from the Secretary of State relative to the Lobos Islands. This report is accompanied by a copy of the orders of the Navy Department to Commodore McCauley, requested by the resolution of the Senate of the 9th instant.
MILLARD FILLMORE.
WASHINGTON, August 27, 1852.
To the Senate of the United States:
As it is not deemed advisable that the instruction to Mr. R.M. Walsh,[25] a copy of which is herewith transmitted, should be published at this time, I communicate it confidentially to the Senate in executive session.
MILLARD FILLMORE.
[Footnote 25: Special agent of the United States in the island of St. Domingo.]
WASHINGTON, August 27, 1852.
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to ratification, a supplementary convention relative to commerce and navigation between the United States and the Netherlands, signed in this city on the 26th instant.
MILLARD FILLMORE.
WASHINGTON, August 27, 1852.
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States and Belgium for regulating the right of inheriting and acquiring property, signed in this city on the 25th instant.
MILLARD FILLMORE.
WASHINGTON, August 31, 1852.
To the Senate of the United States:
In answer to the resolution of the Senate of the 21st instant, requesting information in respect to foreign postal arrangements, and especially cheap ocean postage, I transmit a report of the Secretary of State and the documents by which it was accompanied.
MILLARD FILLMORE.
EXECUTIVE ORDERS.
WASHINGTON CITY,
May 17, 1852.
The SECRETARY OF WAR.
MY DEAR SIR: I have just issued an authority to Hugh Maxwell, collector at New York, under the eighth section of the act of April 20, 1818, to arrest any unlawful expedition that may be attempted to be fitted out within his district, and I have given him power to call upon any military and naval officers that may be there to aid him in the execution of this duty; and I will thank you to issue the necessary instructions to the proper military officer in that district.
I am, your obedient servant,
MILLARD FILLMORE.
WASHINGTON CITY,
Tuesday, June 29, 1852—12.30 o'clock p.m.
SIR:[26] The tolling bells announce the death of the Hon. Henry Clay. Though this event has been long anticipated, yet the painful bereavement could never be fully realized. I am sure all hearts are too sad at this moment to attend to business, and I therefore respectfully suggest that your Department be closed for the remainder of the day.
I have the honor to be, your obedient servant,
MILLARD FILLMORE.
[Footnote 26: Addressed to the heads of the several Executive Departments.]
WASHINGTON, September 13, 1852.
General Jos. G. TOTTEN.
SIR: I have to acknowledge the receipt of your favor of the 11th instant and to say that I shall be pleased if you will cause the necessary surveys, projects, and estimates for determining the best means of affording the cities of Washington and Georgetown an unfailing and abundant supply of good and wholesome water to be made as soon as possible.
I am, very respectfully, your obedient servant,
MILLARD FILLMORE.
[From the Daily National Intelligencer, October 26, 1852.]
EXECUTIVE MANSION,
Washington, Monday Morning, October 25, 1852.
The ACTING SECRETARY OF STATE and the SECRETARIES OF THE TREASURY, INTERIOR, WAR, NAVY, the ATTORNEY-GENERAL and POSTMASTER-GENERAL.
GENTLEMEN: The painful intelligence received yesterday enforces upon me the sad duty of announcing to the Executive Departments the death of the Secretary of State. Daniel Webster died at Marshfield, in Massachusetts, on Sunday, the 24th of October, between 2 and 3 o'clock in the morning.
Whilst this irreparable loss brings its natural sorrow to every American heart and will be heard far beyond our borders with mournful respect wherever civilization has nurtured men who find in transcendent intellect and faithful, patriotic service a theme for praise, it will visit with still more poignant emotion his colleagues in the Administration, with whom his relations have been so intimate and so cordial.
The fame of our illustrious statesman belongs to his country, the admiration of it to the world. The record of his wisdom will inform future generations not less than its utterance has enlightened the present. He has bequeathed to posterity the richest fruits of the experience and judgment of a great mind conversant with the greatest national concerns. In these his memory will endure as long as our country shall continue to be the home and guardian of freemen.
The people will share with the Executive Departments in the common grief which bewails his departure from amongst us.
In the expression of individual regret at this afflicting event the Executive Departments of the Government will be careful to manifest every observance of honor which custom has established as appropriate to the memory of one so eminent as a public functionary and so distinguished as a citizen.
The Acting Secretary of State will communicate this sad intelligence to the diplomatic corps near this Government and, through our ministers abroad, to foreign governments.
The members of the Cabinet are requested, as a further testimony of respect for the deceased, to wear the usual badges of mourning for thirty days.
I am, gentlemen, your obedient servant,
MILLARD FILLMORE.
THIRD ANNUAL MESSAGE.
WASHINGTON, December 6, 1852.
Fellow-Citizens of the Senate and of the House of Representatives:
The brief space which has elapsed since the close of your last session has been marked by no extraordinary political event. The quadrennial election of Chief Magistrate has passed off with less than the usual excitement. However individuals and parties may have been disappointed in the result, it is, nevertheless, a subject of national congratulation that the choice has been effected by the independent suffrages of a free people, undisturbed by those influences which in other countries have too often affected the purity of popular elections.
Our grateful thanks are due to an all-merciful Providence, not only for staying the pestilence which in different forms has desolated some of our cities, but for crowning the labors of the husbandman with an abundant harvest and the nation generally with the blessings of peace and prosperity.
Within a few weeks the public mind has been deeply affected by the death of Daniel Webster, filling at his decease the office of Secretary of State. His associates in the executive government have sincerely sympathized with his family and the public generally on this mournful occasion. His commanding talents, his great political and professional eminence, his well-tried patriotism, and his long and faithful services in the most important public trusts have caused his death to be lamented throughout the country and have earned for him a lasting place in our history.
In the course of the last summer considerable anxiety was caused for a short time by an official intimation from the Government of Great Britain that orders had been given for the protection of the fisheries upon the coasts of the British Provinces in North America against the alleged encroachments of the fishing vessels of the United States and France. The shortness of this notice and the season of the year seemed to make it a matter of urgent importance. It was at first apprehended that an increased naval force had been ordered to the fishing grounds to carry into effect the British interpretation of those provisions in the convention of 1818 in reference to the true intent of which the two Governments differ. It was soon discovered that such was not the design of Great Britain, and satisfactory explanations of the real objects of the measure have been given both here and in London.
The unadjusted difference, however, between the two Governments as to the interpretation of the first article of the convention of 1818 is still a matter of importance. American fishing vessels, within nine or ten years, have been excluded from waters to which they had free access for twenty-five years after the negotiation of the treaty. In 1845 this exclusion was relaxed so far as concerns the Bay of Fundy, but the just and liberal intention of the home Government, in compliance with what we think the true construction of the convention, to open all the other outer bays to our fishermen was abandoned in consequence of the opposition of the colonies. Notwithstanding this, the United States have, since the Bay of Fundy was reopened to our fishermen in 1845, pursued the most liberal course toward the colonial fishing interests. By the revenue law of 1846 the duties on colonial fish entering our ports were very greatly reduced, and by the warehousing act it is allowed to be entered in bond without payment of duty. In this way colonial fish has acquired the monopoly of the export trade in our market and is entering to some extent into the home consumption. These facts were among those which increased the sensibility of our fishing interest at the movement in question.
These circumstances and the incidents above alluded to have led me to think the moment favorable for a reconsideration of the entire subject of the fisheries on the coasts of the British Provinces, with a view to place them upon a more liberal footing of reciprocal privilege. A willingness to meet us in some arrangement of this kind is understood to exist on the part of Great Britain, with a desire on her part to include in one comprehensive settlement as well this subject as the commercial intercourse between the United States and the British Provinces. I have thought that, whatever arrangements may be made on these two subjects, it is expedient that they should be embraced in separate conventions. The illness and death of the late Secretary of State prevented the commencement of the contemplated negotiation. Pains have been taken to collect the information required for the details of such an arrangement. The subject is attended with considerable difficulty. If it is found practicable to come to an agreement mutually acceptable to the two parties, conventions may be concluded in the course of the present winter. The control of Congress over all the provisions of such an arrangement affecting the revenue will of course be reserved.
The affairs of Cuba formed a prominent topic in my last annual message. They remain in an uneasy condition, and a feeling of alarm and irritation on the part of the Cuban authorities appears to exist. This feeling has interfered with the regular commercial intercourse between the United States and the island and led to some acts of which we have a right to complain. But the Captain-General of Cuba is clothed with no power to treat with foreign governments, nor is he in any degree under the control of the Spanish minister at Washington. Any communication which he may hold with an agent of a foreign power is informal and matter of courtesy. Anxious to put an end to the existing inconveniences (which seemed to rest on a misconception), I directed the newly appointed minister to Mexico to visit Havana on his way to Vera Cruz. He was respectfully received by the Captain-General, who conferred with him freely on the recent occurrences, but no permanent arrangement was effected.
In the meantime the refusal of the Captain-General to allow passengers and the mail to be landed in certain cases, for a reason which does not furnish, in the opinion of this Government, even a good presumptive ground for such prohibition, has been made the subject of a serious remonstrance at Madrid, and I have no reason to doubt that due respect will be paid by the Government of Her Catholic Majesty to the representations which our minister has been instructed to make on the subject.
It is but justice to the Captain-General to add that his conduct toward the steamers employed to carry the mails of the United States to Havana has, with the exceptions above alluded to, been marked with kindness and liberality, and indicates no general purpose of interfering with the commercial correspondence and intercourse between the island and this country.
Early in the present year official notes were received from the ministers of France and England inviting the Government of the United States to become a party with Great Britain and France to a tripartite convention, in virtue of which the three powers should severally and collectively disclaim now and for the future all intention to obtain possession of the island of Cuba, and should bind themselves to discountenance all attempts to that effect on the part of any power or individual whatever. This invitation has been respectfully declined, for reasons which it would occupy too much space in this communication to state in detail, but which led me to think that the proposed measure would be of doubtful constitutionality, impolitic, and unavailing. I have, however, in common with several of my predecessors, directed the ministers of France and England to be assured that the United States entertain no designs against Cuba, but that, on the contrary, I should regard its incorporation into the Union at the present time as fraught with serious peril.
Were this island comparatively destitute of inhabitants or occupied by a kindred race, I should regard it, if voluntarily ceded by Spain, as a most desirable acquisition. But under existing circumstances I should look upon its incorporation into our Union as a very hazardous measure. It would bring into the Confederacy a population of a different national stock, speaking a different language, and not likely to harmonize with the other members. It would probably affect in a prejudicial manner the industrial interests of the South, and it might revive those conflicts of opinion between the different sections of the country which lately shook the Union to its center, and which have been so happily compromised.
The rejection by the Mexican Congress of the convention which had been concluded between that Republic and the United States for the protection of a transit way across the Isthmus of Tehuantepec and of the interests of those citizens of the United States who had become proprietors of the rights which Mexico had conferred on one of her own citizens in regard to that transit has thrown a serious obstacle in the way of the attainment of a very desirable national object. I am still willing to hope that the differences on the subject which exist, or may hereafter arise, between the Governments will be amicably adjusted. This subject, however, has already engaged the attention of the Senate of the United States, and requires no further comment in this communication.
The settlement of the question respecting the port of San Juan de Nicaragua and of the controversy between the Republics of Costa Rica and Nicaragua in regard to their boundaries was considered indispensable to the commencement of the ship canal between the two oceans, which was the subject of the convention between the United States and Great Britain of the 19th of April, 1850. Accordingly, a proposition for the same purposes, addressed to the two Governments in that quarter and to the Mosquito Indians, was agreed to in April last by the Secretary of State and the minister of Her Britannic Majesty. Besides the wish to aid in reconciling the differences of the two Republics, I engaged in the negotiation from a desire to place the great work of a ship canal between the two oceans under one jurisdiction and to establish the important port of San Juan de Nicaragua under the government of a civilized power. The proposition in question was assented to by Costa Rica and the Mosquito Indians. It has not proved equally acceptable to Nicaragua, but it is to be hoped that the further negotiations on the subject which are in train will be carried on in that spirit of conciliation and compromise which ought always to prevail on such occasions, and that they will lead to a satisfactory result.
I have the satisfaction to inform you that the executive government of Venezuela has acknowledged some claims of citizens of the United States which have for many years past been urged by our charge d'affaires at Caracas. It is hoped that the same sense of justice will actuate the Congress of that Republic in providing the means for their payment.
The recent revolution in Buenos Ayres and the Confederated States having opened the prospect of an improved state of things in that quarter, the Governments of Great Britain and France determined to negotiate with the chief of the new confederacy for the free access of their commerce to the extensive countries watered by the tributaries of the La Plata; and they gave a friendly notice of this purpose to the United States, that we might, if we thought proper, pursue the same course. In compliance with this invitation, our minister at Rio Janeiro and our charge d'affaires at Buenos Ayres have been fully authorized to conclude treaties with the newly organized confederation or the States composing it. The delays which have taken place in the formation of the new government have as yet prevented the execution of those instructions, but there is every reason to hope that these vast countries will be eventually opened to our commerce.
A treaty of commerce has been concluded between the United States and the Oriental Republic of Uruguay, which will be laid before the Senate. Should this convention go into operation, it will open to the commercial enterprise of our citizens a country of great extent and unsurpassed in natural resources, but from which foreign nations have hitherto been almost wholly excluded.
The correspondence of the late Secretary of State with the Peruvian charge d'affaires relative to the Lobos Islands was communicated to Congress toward the close of the last session. Since that time, on further investigation of the subject, the doubts which had been entertained of the title of Peru to those islands have been removed, and I have deemed it just that the temporary wrong which had been unintentionally done her from want of information should be repaired by an unreserved acknowledgment of her sovereignty.
I have the satisfaction to inform you that the course pursued by Peru has been creditable to the liberality of her Government. Before it was known by her that her title would be acknowledged at Washington, her minister of foreign affairs had authorized our charge d'affaires at Lima to announce to the American vessels which had gone to the Lobos for guano that the Peruvian Government was willing to freight them on its own account. This intention has been carried into effect by the Peruvian minister here by an arrangement which is believed to be advantageous to the parties in interest.
Our settlements on the shores of the Pacific have already given a great extension, and in some respects a new direction, to our commerce in that ocean. A direct and rapidly increasing intercourse has sprung up with eastern Asia. The waters of the Northern Pacific, even into the Arctic Sea, have of late years been frequented by our whalemen. The application of steam to the general purposes of navigation is becoming daily more common, and makes it desirable to obtain fuel and other necessary supplies at convenient points on the route between Asia and our Pacific shores. Our unfortunate countrymen who from time to time suffer shipwreck on the coasts of the eastern seas are entitled to protection. Besides these specific objects, the general prosperity of our States on the Pacific requires that an attempt should be made to open the opposite regions of Asia to a mutually beneficial intercourse. It is obvious that this attempt could be made by no power to so great advantage as by the United States, whose constitutional system excludes every idea of distant colonial dependencies. I have accordingly been led to order an appropriate naval force to Japan, under the command of a discreet and intelligent officer of the highest rank known to our service. He is instructed to endeavor to obtain from the Government of that country some relaxation of the inhospitable and antisocial system which it has pursued for about two centuries. He has been directed particularly to remonstrate in the strongest language against the cruel treatment to which our shipwrecked mariners have often been subjected and to insist that they shall be treated with humanity. He is instructed, however, at the same time, to give that Government the amplest assurances that the objects of the United States are such, and such only, as I have indicated, and that the expedition is friendly and peaceful. Notwithstanding the jealousy with which the Governments of eastern Asia regard all overtures from foreigners, I am not without hopes of a beneficial result of the expedition. Should it be crowned with success, the advantages will not be confined to the United States, but, as in the case of China, will be equally enjoyed by all the other maritime powers. I have much satisfaction in stating that in all the steps preparatory to this expedition the Government of the United States has been materially aided by the good offices of the King of the Netherlands, the only European power having any commercial relations with Japan.
In passing from this survey of our foreign relations, I invite the attention of Congress to the condition of that Department of the Government to which this branch of the public business is intrusted. Our intercourse with foreign powers has of late years greatly increased, both in consequence of our own growth and the introduction of many new states into the family of nations. In this way the Department of State has become overburdened. It has by the recent establishment of the Department of the Interior been relieved of some portion of the domestic business. If the residue of the business of that kind—such as the distribution of Congressional documents, the keeping, publishing, and distribution of the laws of the United States, the execution of the copyright law, the subject of reprieves and pardons, and some other subjects relating to interior administration—should be transferred from the Department of State, it would unquestionably be for the benefit of the public service. I would also suggest that the building appropriated to the State Department is not fireproof; that there is reason to think there are defects in its construction, and that the archives of the Government in charge of the Department, with the precious collections of the manuscript papers of Washington, Jefferson, Hamilton, Madison, and Monroe, are exposed to destruction by fire. A similar remark may be made of the buildings appropriated to the War and Navy Departments.
The condition of the Treasury is exhibited in the annual report from that Department.
The cash receipts into the Treasury for the fiscal year ending the 30th June last, exclusive of trust funds, were $49,728,386.89, and the expenditures for the same period, likewise exclusive of trust funds, were $46,007,896.20, of which $9,455,815.83 was on account of the principal and interest of the public debt, including the last installment of the indemnity to Mexico under the treaty of Guadalupe Hidalgo, leaving a balance of $14,632,136.37 in the Treasury on the 1st day of July last. Since this latter period further purchases of the principal of the public debt have been made to the extent of $2,456,547.49, and the surplus in the Treasury will continue to be applied to that object whenever the stock can be procured within the limits as to price authorized by law.
The value of foreign merchandise imported during the last fiscal year was $207,240,101, and the value of domestic productions exported was $149,861,911, besides $17,204,026 of foreign merchandise exported, making the aggregate of the entire exports $167,065,937. Exclusive of the above, there was exported $42,507,285 in specie, and imported from foreign ports $5,262,643.
In my first annual message to Congress I called your attention to what seemed to me some defects in the present tariff, and recommended such modifications as in my judgment were best adapted to remedy its evils and promote the prosperity of the country. Nothing has since occurred to change my views on this important question.
Without repeating the arguments contained in my former message in favor of discriminating protective duties, I deem it my duty to call your attention to one or two other considerations affecting this subject. The first is the effect of large importations of foreign goods upon our currency. Most of the gold of California, as fast as it is coined, finds its way directly to Europe in payment for goods purchased. In the second place, as our manufacturing establishments are broken down by competition with foreigners, the capital invested in them is lost, thousands of honest and industrious citizens are thrown out of employment, and the farmer, to that extent, is deprived of a home market for the sale of his surplus produce. In the third place, the destruction of our manufactures leaves the foreigner without competition in our market, and he consequently raises the price of the article sent here for sale, as is now seen in the increased cost of iron imported from England. The prosperity and wealth of every nation must depend upon its productive industry. The farmer is stimulated to exertion by finding a ready market for his surplus products, and benefited by being able to exchange them without loss of time or expense of transportation for the manufactures which his comfort or convenience requires. This is always done to the best advantage where a portion of the community in which he lives is engaged in other pursuits. But most manufactures require an amount of capital and a practical skill which can not be commanded unless they be protected for a time from ruinous competition from abroad. Hence the necessity of laying those duties upon imported goods which the Constitution authorizes for revenue in such a manner as to protect and encourage the labor of our own citizens. Duties, however, should not be fixed at a rate so high as to exclude the foreign article, but should be so graduated as to enable the domestic manufacturer fairly to compete with the foreigner in our own markets, and by this competition to reduce the price of the manufactured article to the consumer to the lowest rate at which it can be produced. This policy would place the mechanic by the side of the farmer, create a mutual interchange of their respective commodities, and thus stimulate the industry of the whole country and render us independent of foreign nations for the supplies required by the habits or necessities of the people.
Another question, wholly independent of protection, presents itself, and that is, whether the duties levied should be upon the value of the article at the place of shipment, or, where it is practicable, a specific duty, graduated according to quantity, as ascertained by weight or measure. All our duties are at present ad valorem. A certain percentage is levied on the price of the goods at the port of shipment in a foreign country. Most commercial nations have found it indispensable, for the purpose of preventing fraud and perjury, to make the duties specific whenever the article is of such a uniform value in weight or measure as to justify such a duty. Legislation should never encourage dishonesty or crime. It is impossible that the revenue officers at the port where the goods are entered and the duties paid should know with certainty what they cost in the foreign country. Yet the law requires that they should levy the duty according to such cost. They are therefore compelled to resort to very unsatisfactory evidence to ascertain what that cost was. They take the invoice of the importer, attested by his oath, as the best evidence of which the nature of the case admits. But everyone must see that the invoice may be fabricated and the oath by which it is supported false, by reason of which the dishonest importer pays a part only of the duties which are paid by the honest one, and thus indirectly receives from the Treasury of the United States a reward for his fraud and perjury. The reports of the Secretary of the Treasury heretofore made on this subject show conclusively that these frauds have been practiced to a great extent. The tendency is to destroy that high moral character for which our merchants have long been distinguished, to defraud the Government of its revenue, to break down the honest importer by a dishonest competition, and, finally, to transfer the business of importation to foreign and irresponsible agents, to the great detriment of our own citizens. I therefore again most earnestly recommend the adoption of specific duties wherever it is practicable, or a home valuation, to prevent these frauds.
I would also again call your attention to the fact that the present tariff in some cases imposes a higher duty upon the raw material imported than upon the article manufactured from it, the consequence of which is that the duty operates to the encouragement of the foreigner and the discouragement of our own citizens.
For full and detailed information in regard to the general condition of our Indian affairs, I respectfully refer you to the report of the Secretary of the Interior and the accompanying documents.
The Senate not having thought proper to ratify the treaties which have been negotiated with the tribes of Indians in California and Oregon, our relations with them have been left in a very unsatisfactory condition.
In other parts of our territory particular districts of country have been set apart for the exclusive occupation of the Indians, and their right to the lands within those limits has been acknowledged and respected. But in California and Oregon there has been no recognition by the Government of the exclusive right of the Indians to any part of the country. They are therefore mere tenants at sufferance, and liable to be driven from place to place at the pleasure of the whites.
The treaties which have been rejected proposed to remedy this evil by allotting to the different tribes districts of country suitable to their habits of life and sufficient for their support. This provision, more than any other, it is believed, led to their rejection; and as no substitute for it has been adopted by Congress, it has not been deemed advisable to attempt to enter into new treaties of a permanent character, although no effort has been spared by temporary arrangements to preserve friendly relations with them.
If it be the desire of Congress to remove them from the country altogether, or to assign to them particular districts more remote from the settlements of the whites, it will be proper to set apart by law the territory which they are to occupy and to provide the means necessary for removing them to it. Justice alike to our own citizens and to the Indians requires the prompt action of Congress on this subject.
The amendments proposed by the Senate to the treaties which were negotiated with the Sioux Indians of Minnesota have been submitted to the tribes who were parties to them, and have received their assent. A large tract of valuable territory has thus been opened for settlement and cultivation, and all danger of collision with these powerful and warlike bands has been happily removed.
The removal of the remnant of the tribe of Seminole Indians from Florida has long been a cherished object of the Government, and it is one to which my attention has been steadily directed. Admonished by past experience of the difficulty and cost of the attempt to remove them by military force, resort has been had to conciliatory measures. By the invitation of the Commissioner of Indian Affairs, several of the principal chiefs recently visited Washington, and whilst here acknowledged in writing the obligation of their tribe to remove with the least possible delay. Late advices from the special agent of the Government represent that they adhere to their promise, and that a council of their people has been called to make their preliminary arrangements. A general emigration may therefore be confidently expected at an early day.
The report from the General Land Office shows increased activity in its operations. The survey of the northern boundary of Iowa has been completed with unexampled dispatch. Within the last year 9,522,953 acres of public land have been surveyed and 8,032,463 acres brought into market.
Acres. In the last fiscal year there were sold.............. 1,553,071 Located with bounty-land warrants.................... 3,201,314 Located with other certificates...................... 115,682 ————- Making a total of.................................... 4,870,067 In addition there were— Reported under swamp-land grants..................... 5,219,188 For internal improvements, railroads, etc............ 3,025,920 ————- Making an aggregate of............................... 13,115,175
Being an increase of the amount sold and located under land warrants of 569,220 acres over the previous year.
The whole amount thus sold, located under land warrants, reported under swamp-land grants, and selected for internal improvements exceeds that of the previous year by 3,342,372 acres; and the sales would without doubt have been much larger but for the extensive reservations for railroads in Missouri, Mississippi, and Alabama.
Acres. For the quarter ending 30th September, 1852, there were sold..... 243,255 Located with bounty-land warrants..................... 1,387,116 Located with other certificates....................... 15,649 Reported under swamp-land grants...................... 2,485,233 ————- Making an aggregate for the quarter of................ 4,131,253
Much the larger portion of the labor of arranging and classifying the returns of the last census has been finished, and it will now devolve upon Congress to make the necessary provision for the publication of the results in such form as shall be deemed best. The apportionment of representation on the basis of the new census has been made by the Secretary of the Interior in conformity with the provisions of law relating to that subject, and the recent elections have been made in accordance with it.
I commend to your favorable regard the suggestion contained in the report of the Secretary of the Interior that provision be made by law for the publication and distribution, periodically, of an analytical digest of all the patents which have been or may hereafter be granted for useful inventions and discoveries, with such descriptions and illustrations as may be necessary to present an intelligible view of their nature and operation. The cost of such publication could easily be defrayed out of the patent fund, and I am persuaded that it could be applied to no object more acceptable to inventors and beneficial to the public at large.
An appropriation of $100,000 having been made at the last session for the purchase of a suitable site and for the erection, furnishing, and fitting up of an asylum for the insane of the District of Columbia and of the Army and Navy of the United States, the proper measures have been adopted to carry this beneficent purpose into effect.
By the latest advices from the Mexican boundary commission it appears that the survey of the river Gila from its confluence with the Colorado to its supposed intersection with the western line of New Mexico has been completed. The survey of the Rio Grande has also been finished from the point agreed on by the commissioners as "the point where it strikes the southern boundary of New Mexico" to a point 135 miles below Eagle Pass, which is about two-thirds of the distance along the course of the river to its mouth.
The appropriation which was made at the last session of Congress for the continuation of the survey is subject to the following proviso:
Provided, That no part of this appropriation shall be used or expended until it shall be made satisfactorily to appear to the President of the United States that the southern boundary of New Mexico is not established by the commissioner and surveyor of the United States farther north of the town called "Paso" than the same is laid down in Disturnell's map, which is added to the treaty.
My attention was drawn to this subject by a report from the Department of the Interior, which reviewed all the facts of the case and submitted for my decision the question whether under existing circumstances any part, of the appropriation could be lawfully used or expended for the further prosecution of the work. After a careful consideration of the subject I came to the conclusion that it could not, and so informed the head of that Department. Orders were immediately issued by him to the commissioner and surveyor to make no further requisitions on the Department, as they could not be paid, and to discontinue all operations on the southern line of New Mexico. But as the Department had no exact information as to the amount of provisions and money which remained unexpended in the hands of the commissioner and surveyor, it was left discretionary with them to continue the survey down the Rio Grande as far as the means at their disposal would enable them or at once to disband the commission. A special messenger has since arrived from the officer in charge of the survey on the river with information that the funds subject to his control were exhausted and that the officers and others employed in the service were destitute alike of the means of prosecuting the work and of returning to their homes.
The object of the proviso was doubtless to arrest the survey of the southern and western lines of New Mexico, in regard to which different opinions have been expressed; for it is hardly to be supposed that there could be any objection to that part of the line which extends along the channel of the Rio Grande. But the terms of the law are so broad as to forbid the use of any part of the money for the prosecution of the work, or even for the payment to the officers and agents of the arrearages of pay which are justly due to them.
I earnestly invite your prompt attention to this subject, and recommend a modification of the terms of the proviso, so as to enable the Department to use as much of the appropriation as will be necessary to discharge the existing obligations of the Government and to complete the survey of the Rio Grande to its mouth.
It will also be proper to make further provision by law for the fulfillment of our treaty with Mexico for running and marking the residue of the boundary line between the two countries.
Permit me to invite your particular attention to the interests of the District of Columbia, which are confided by the Constitution to your peculiar care.
Among the measures which seem to me of the greatest importance to its prosperity are the introduction of a copious supply of water into the city of Washington and the construction of suitable bridges across the Potomac to replace those which were destroyed by high water in the early part of the present year.
At the last session of Congress an appropriation was made to defray the cost of the surveys necessary for determining the best means of affording an unfailing supply of good and wholesome water. Some progress has been made in the survey, and as soon as it is completed the result will be laid before you.
Further appropriations will also be necessary for grading and paving the streets and avenues and inclosing and embellishing the public grounds within the city of Washington.
I commend all these objects, together with the charitable institutions of the District, to your favorable regard.
Every effort has been made to protect our frontier and that of the adjoining Mexican States from the incursions of the Indian tribes. Of about 11,000 men of which the Army is composed, nearly 8,000 are employed in the defense of the newly acquired territory (including Texas) and of emigrants proceeding thereto. I am gratified to say that these efforts have been unusually successful. With the exception of some partial outbreaks in California and Oregon and occasional depredations on a portion of the Rio Grande, owing, it is believed, to the disturbed state of that border region, the inroads of the Indians have been effectually restrained.
Experience has shown, however, that whenever the two races are brought into contact collisions will inevitably occur. To prevent these collisions the United States have generally set apart portions of their territory for the exclusive occupation of the Indian tribes. A difficulty occurs, however, in the application of this policy to Texas. By the terms of the compact by which that State was admitted into the Union she retained the ownership of all the vacant lands within her limits. The government of that State, it is understood, has assigned no portion of her territory to the Indians, but as fast as her settlements advance lays it off into counties and proceeds to survey and sell it. This policy manifestly tends not only to alarm and irritate the Indians, but to compel them to resort to plunder for subsistence. It also deprives this Government of that influence and control over them without which no durable peace can ever exist between them and the whites. I trust, therefore, that a due regard for her own interests, apart from considerations of humanity and justice, will induce that State to assign a small portion of her vast domain for the provisional occupancy of the small remnants of tribes within her borders, subject, of course, to her ownership and eventual jurisdiction. If she should fail to do this, the fulfillment of our treaty stipulations with Mexico and our duty to the Indians themselves will, it is feared, become a subject of serious embarrassment to the Government. It is hoped, however, that a timely and just provision by Texas may avert this evil.
No appropriations for fortifications were made at the two last sessions of Congress. The cause of this omission is probably to be found in a growing belief that the system of fortifications adopted in 1816, and heretofore acted on, requires revision.
The subject certainly deserves full and careful investigation, but it should not be delayed longer than can be avoided. In the meantime there are certain works which have been commenced, some of them nearly completed, designed to protect our principal seaports from Boston to New Orleans and a few other important points. In regard to the necessity for these works, it is believed that little difference of opinion exists among military men. I therefore recommend that the appropriations necessary to prosecute them be made.
I invite your attention to the remarks on this subject and on others connected with his Department contained in the accompanying report of the Secretary of War.
Measures have been taken to carry into effect the law of the last session making provision for the improvement of certain rivers and harbors, and it is believed that the arrangements made for that purpose will combine efficiency with economy. Owing chiefly to the advanced season when the act was passed, little has yet been done in regard to many of the works beyond making the necessary preparations. With respect to a few of the improvements, the sums already appropriated will suffice to complete them; but most of them will require additional appropriations. I trust that these appropriations will be made, and that this wise and beneficent policy, so auspiciously resumed, will be continued. Great care should be taken, however, to commence no work which is not of sufficient importance to the commerce of the country to be viewed as national in its character. But works which have been commenced should not be discontinued until completed, as otherwise the sums expended will in most cases be lost.
The report from the Navy Department will inform you of the prosperous condition of the branch of the public service committed to its charge. It presents to your consideration many topics and suggestions of which I ask your approval. It exhibits an unusual degree of activity in the operations of the Department during the past year. The preparations for the Japan expedition, to which I have already alluded; the arrangements made for the exploration and survey of the China Seas, the Northern Pacific, and Behrings Straits; the incipient measures taken toward a reconnaissance of the continent of Africa eastward of Liberia; the preparation for an early examination of the tributaries of the river La Plata, which a recent decree of the provisional chief of the Argentine Confederation has opened to navigation—all these enterprises and the means by which they are proposed to be accomplished have commanded my full approbation, and I have no doubt will be productive of most useful results. |
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