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by L'Enfant, the French engineer
THE PATENT OFFICE is the popular name for the seat of the Department of the
Interior, of which the Patent Office is a bureau. It is of the Doric style of Greek
architecture and stands on the ground set aside
who planned Washington, for "a national church,
meal, following the growth of patent business.
of $2,347,011.65.
Its construction has been piece-
In 1867 it was finished at a cost
Copyright, 1897
BY
JAMES D. RICHARDSON
ILLUSTRATIONS IN VOLUME SIX
PAGE
Declaration of War against Mexico.
Patent Office, at Washington
The Siege of Vera Cruz
The Charge at Cerro Gordo .
Storming of Chapultepec
Storming of Tete de Pont, Churubusco
The Days of Forty-Nine in California.
Zachary Taylor (portrait)
•
(sketch of his Louisiana home on tissue)
Signature of President Taylor on a State Document
Frontispiece
•
2312
2392
2408
2440
2456
2486
2541
2566
Final Page of Clayton-Bulwer Treaty .
2567
Millard Fillmore (portrait) .
2599
(sketch of his Buffalo home on tissue)
Cartoon Ridiculing Abolitionists-Slave Market
2634
Fillmore's Fugitive Slave Proclamation
2692
Last Page of Same .
2693
The First Japanese-American Treaty
2702
Franklin Pierce (portrait) .
2728
(with sketch of his New Hampshire home on tissue)
317566
James K. Polk
2281
the Mississippi. It is desirable that they should be removed, and in the
event of a division of the country in the West, or of a new home being
provided for a portion of the tribe, that they be permitted to join either
party, as they may prefer, and be incorporated with them.
I submit the whole subject to Congress, that such legislative measures
may be adopted as will be just to all the parties or bands of the tribe.
Such measures, I am satisfied, are the only means of arresting the horrid
and inhuman massacres which have marked the history of the Cherokees
for the last few years, and especially for the last few months.
The Cherokees have been regarded as among the most enlightened
of the Indian tribes, but experience has proved that they have not yet
advanced to such a state of civilization as to dispense with the guardian
care and control of the Government of the United States.
JAMES K. POLK.
WASHINGTON, April 14, 1846.
To the Senate and House of Representatives:
In compliance with the act of the 3d of March, 1845, I communicate
herewith to Congress a report of the Secretaries of War and the Navy on
the subject of a fireproof building for the War and Navy Departments,
together with documents explaining the plans to which it refers and
containing an estimate of the cost of erecting the buildings proposed.
Congress having made no appropriation for the employment of an ar-
chitect to prepare and submit the necessary plans, none was appointed.
Several skillful architects were invited to submit plans and estimates,
and from those that were voluntarily furnished a selection has been
made of such as would furnish the requisite building for the accommo-
dation of the War and Navy Departments at the least expense.
All the plans and estimates which have been received are herewith
communicated, for the information of Congress.
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, April 20, 1846.
I have considered the resolution of the House of Representatives of the
9th instant, by which I am requested "to cause to be furnished to that
House an account of all payments made on President's certificates from
the fund appropriated by law, through the agency of the State Depart-
ment, for the contingent expenses of foreign intercourse from the 4th of
March, 1841, until the retirement of Daniel Webster from the Department
of State, with copies of all entries, receipts, letters, vouchers, memoran-
dums, or other evidence of such payments, to whom paid, for what, and
particularly all concerning the northeastern-boundary dispute with Great
Britain."
74
2282
Messages and Papers of the Presidents
With an anxious desire to furnish to the House any information re-
quested by that body which may be in the Executive Departments, I
have felt bound by a sense of public duty to inquire how far I could with
propriety, or consistently with the existing laws, respond to their call.
The usual annual appropriation "for the contingent expenses of in-
tercourse between the United States and foreign nations" has been
disbursed since the date of the act of May 1, 1810, in pursuance of its
provisions. By the third section of that act it is provided-
That when any sum or sums of money shall be drawn from the Treasury under
any law making appropriation for the contingent expenses of intercourse between
the United States and foreign nations the President shall be, and he is hereby,
authorized to cause the same to be duly settled annually with the accounting offi-
cers of the Treasury in the manner following; that is to say, by causing the same to
be accounted for specially in all instances wherein the expenditure thereof may in
his judgment be made public, and by making a certificate of the amount of such
expenditures as he may think it advisable not to specify; and every such certificate
shall be deemed a sufficient voucher for the sum or sums therein expressed to have
been expended.
Two distinct classes of expenditure are authorized by this law-the
one of a public and the other of a private and confidential character.
The President in office at the time of the expenditure is made by the
law the sole judge whether it shall be public or private. Such sums
are to be "accounted for specially in all instances wherein the expendi-
ture thereof may in his judgment be made public." All expenditures.
"accounted for specially" are settled at the Treasury upon vouchers,
and not on "President's certificates," and, like all other public accounts,
are subject to be called for by Congress, and are open to public exami-
nation. Had information as respects this class of expenditures been
called for by the resolution of the House, it would have been promptly
communicated.
Congress, foreseeing that it might become necessary and proper to
apply portions of this fund for objects the original accounts and vouchers
for which could not be "made public" without injury to the public inter-
ests, authorized the President, instead of such accounts and vouchers, to
make a certificate of the amount "of such expenditures as he may think
it advisable not to specify," and have provided that "every such cer-
tificate shall be deemed a sufficient voucher for the sum or sums therein
expressed to have been expended."
The law making these provisions is in full force. It is binding upon
all the departments of the Government, and especially upon the Execu-
tive, whose duty it is "to take care that the laws be faithfully executed."
In the exercise of the discretion lodged by it in the Executive several
of my predecessors have made "certificates" of the amount "of such
expenditures as they have thought it advisable not to specify," and upon
these certificates as the only vouchers settlements have been made at
the Treasury.
It appears that within the period specified in the resolution of the
2
James K. Polk
2283
House certificates were given by my immediate predecessor, upon which
settlements have been made at the Treasury, amounting to $5,460. He
has solemnly determined that the objects and items of these expenditures
should not be made public, and has given his certificates to that effect,
which are placed upon the records of the country. Under the direct
authority of an existing law, he has exercised the power of placing these
expenditures under the seal of confidence, and the whole matter was ter-
minated before I came into office. An important question arises, whether
a subsequent President, either voluntarily or at the request of one branch
of Congress, can without a violation of the spirit of the law revise the
acts of his predecessor and expose to public view that which he had
determined should not be "made public." If not a matter of strict duty,
it would certainly be a safe general rule that this should not be done.
Indeed, it may well happen, and probably would happen, that the Presi-
dent for the time being would not be in possession of the information
upon which his predecessor acted, and could not, therefore, have the
means of judging whether he had exercised his discretion wisely or not.
The law requires no other voucher but the President's certificate, and
there is nothing in its provisions which requires any "entries, receipts,
letters, vouchers, memorandums, or other evidence of such payments" to
be preserved in the executive department. The President who makes
the “certificate" may, if he chooses, keep all the information and evi-
dence upon which he acts in his own possession. If, for the informa-
tion of his successors, he shall leave the evidence on which he acts and
the items of the expenditures which make up the sum for which he has
given his "certificate" on the confidential files of one of the Executive
Departments, they do not in any proper sense become thereby public
records. They are never seen or examined by the accounting officers of
the Treasury when they settle an account on the "President's certifi-
cate." The First Congress of the United States on the 1st of July, 1790,
passed an act “providing the means of intercourse between the United
States and foreign nations," by which a similar provision to that which
now exists was made for the settlement of such expenditures as in the
judgment of the President ought not to be made public. This act was
limited in its duration. It was continued for a limited term in 1793, and
between that time and the date of the act of May 1, 1810, which is now
in force, the same provision was revived and continued. Expenditures
were made and settled under Presidential certificates in pursuance of
these laws.
If the President may answer the present call, he must answer similar
calls for every such expenditure of a confidential character, made under
every Administration, in war and in peace, from the organization of the
Government to the present period. To break the seal of confidence
imposed by the law, and heretofore uniformly preserved, would be sub-
versive of the very purpose for which the law was enacted, and might
2284
Messages and Papers of the Presidents
be productive of the most disastrous consequences. The expenditures
of this confidential character, it is believed, were never before sought
to be made public, and I should greatly apprehend the consequences of
establishing a precedent which would render such disclosures hereafter
inevitable.
I am fully aware of the strong and correct public feeling which exists
throughout the country against secrecy of any kind in the administration
of the Government, and especially in reference to public expenditures;
yet our foreign negotiations are wisely and properly confined to the
knowledge of the Executive during their pendency. Our laws require
the accounts of every particular expenditure to be rendered and publicly
settled at the Treasury Department. The single exception which exists
is not that the amounts embraced under President's certificates shall
be withheld from the public, but merely that the items of which these
are composed shall not be divulged. To this extent, and no further, is
secrecy observed.
The laudable vigilance of the people in regard to all the expenditures
of the Government, as well as a sense of duty on the part of the Presi-
dent and a desire to retain the good opinion of his fellow-citizens, will
prevent any sum expended from being accounted for by the President's
certificate unless in cases of urgent necessity. Such certificates have
therefore been resorted to but seldom throughout our past history.
For my own part, I have not caused any account whatever to be set-
tled on a Presidential certificate. I have had no occasion rendering it
necessary in my judgment to make such a certificate, and it would be
an extreme case which would ever induce me to exercise this authority;
yet if such a case should arise it would be my duty to assume the respon-
sibility devolved on me by the law.
During my Administration all expenditures for contingent expenses of
foreign intercourse in which the accounts have been closed have been
settled upon regular vouchers, as all other public accounts are settled at
the Treasury.
It may be alleged that the power of impeachment belongs to the House
of Representatives, and that, with a view to the exercise of this power,
that House has the right to investigate the conduct of all public officers
under the Government. This is cheerfully admitted. In such a case
the safety of the Republic would be the supreme law, and the power
of the House in the pursuit of this object would penetrate into the most
secret recesses of the Executive Departments. It could command the
attendance of any and every agent of the Government, and compel them
to produce all papers, public or private, official or unofficial, and to tes-
tify on oath to all facts within their knowledge. But even in a case of
that kind they would adopt all wise precautions to prevent the exposure
of all such matters the publication of which might injuriously affect the
public interest, except so far as this might be necessary to accomplish
James K. Polk
2285
the great ends of public justice. If the House of Representatives, as the
grand inquest of the nation, should at any time have reason to believe
that there has been malversation in office by an improper use or appli-
cation of the public money by a public officer, and should think proper
to institute an inquiry into the matter, all the archives and papers of
the Executive Departments, public or private, would be subject to the
inspection and control of a committee of their body and every facility in
the power of the Executive be afforded to enable them to prosecute the
investigation.
The experience of every nation on earth has demonstrated that emer-
gencies may arise in which it becomes absolutely necessary for the public
safety or the public good to make expenditures the very object of which
would be defeated by publicity. Some governments have very large
amounts at their disposal, and have made vastly greater expenditures
than the small amounts which have from time to time been accounted for
on President's certificates. In no nation is the application of such sums
ever made public. In time of war or impending danger the situation
of the country may make it necessary to employ individuals for the pur-
pose of obtaining information or rendering other important services who
could never be prevailed upon to act if they entertained the least appre-
hension that their names or their agency would in any contingency be
divulged. So it may often become necessary to incur an expenditure for
an object highly useful to the country; for example, the conclusion of a
treaty with a barbarian power whose customs require on such occasions
the use of presents. But this object might be altogether defeated by
the intrigues of other powers if our purposes were to be made known
by the exhibition of the original papers and vouchers to the accounting
officers of the Treasury. It would be easy to specify other cases which
may occur in the history of a great nation, in its intercourse with other
nations, wherein it might become absolutely necessary to incur expendi-
tures for objects which could never be accomplished if it were suspected
in advance that the items of expenditure and the agencies employed
would be made public.
Actuated undoubtedly by considerations of this kind, Congress pro-
vided such a fund, coeval with the organization of the Government, and
subsequently enacted the law of 1810 as the permanent law of the land.
While this law exists in full force I feel bound by a high sense of public
policy and duty to observe its provisions and the uniform practice of my
predecessors under it.
With great respect for the House of Representatives and an anxious
desire to conform to their wishes, I am constrained to come to this con-
clusion.
If Congress disapprove the policy of the law, they may repeal its pro-
visions.
In reply to that portion of the resolution of the House which calls for
2286
Messages and Papers of the Presidents
((
copies of whatever communications were made from the Secretary of
State during the last session of the Twenty-seventh Congress, particu-
larly February, 1843, to Mr. Cushing and Mr. Adams, members of the
Committee of this House on Foreign Affairs, of the wish of the President
of the United States to institute a special mission to Great Britain," I
have to state that no such communications or copies of them are found
in the Department of State.
Copies of all letters on the books of the Department of State to
any officer of the United States or any person in New York concerning
Alexander McLeod," which are also called for by the resolution, are
herewith communicated.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, April 20, 1846.
I herewith transmit to the Senate, in answer to their resolution of the
îth instant, a report from the Secretary of State, with accompanying
papers, containing the information and correspondence referred to in that
resolution, relative to the search of American vessels by British cruisers
subsequent to the date of the treaty of Washington.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, April 27, 1846.
I transmit herewith the information called for by a resolution of the
Senate of the 3d December last, relating to "claims arising under the four-
teenth article of the treaty of Dancing Rabbit Creek" with the Choctaw
tribe of Indians, concluded in September, 1830.
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, April 27, 1846.
I transmit herewith a report of the Secretary of War and accompa-
nying papers, containing the information called for by the resolution of
the House of Representatives of December 19, 1845, relating to certain
claims of the Chickasaw tribe of Indians.
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, April 27, 1846.
I transmit herewith a report and accompanying papers from the Sec-
retary of War, in reply to the resolution of the House of Representatives
of the 31st of December last, in relation to claims arising under the
James K. Polk
2287
Choctaw treaty of 1830 which have been presented to and allowed or re-
jected by commissioners appointed in pursuance of the acts of 3d of March.
1837, and 23d of August, 1842.
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, May 6, 1846.
I transmit herewith reports from the Secretary of War and the Sec-
retary of the Treasury, with additional papers, relative to the claims of
certain Chickasaw Indians, which, with those heretofore communicated
to Congress, contain all the information called for by the resolution of
the House of Representatives of the 19th of December last.
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, May 6, 1846.
I transmit herewith a report from the Secretary of State, with accom-
panying papers, in answer to a resolution of the House of Representatives
of the 8th ultimo, requesting the President to communicate to that body,
"if not incompatible with the public interest, copies of the correspond-
ence of George William Gordon, late consul of the United States at Rio
de Janeiro, with the Department of State, relating to the slave trade in
vessels and by citizens of the United States between the coast of Africa
and Brazil.'
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, May 6, 1846.
I transmit. herewith a report of the Secretary of War, in answer to the
resolution of the House of Representatives of the 4th instant, calling for
information "whether any soldier or soldiers of the Army of the United
States have been shot for desertion, or in the act of deserting, and, if so,
by whose order and under what authority."
JAMES K. POLK.
WASHINGTON, May 11, 1846.
To the Senate and House of Representatives:
The existing state of the relations between the United States and
Mexico renders it proper that I should bring the subject to the con-
sideration of Congress. In my message at the commencement of your
present session the state of these relations, the causes which led to the
suspension of diplomatic intercourse between the two countries in March,
1845, and the long-continued and unredressed wrongs and injuries com-
mitted by the Mexican Government on citizens of the United States in
their persons and property were briefly set forth.
2288
Messages and Papers of the Presidents
As the facts and opinions which were then laid before you were care-
fully considered, I can not better express my present convictions of the
condition of affairs up to that time than by referring you to that commu-
nication.
The strong desire to establish peace with Mexico on liberal and honor-
able terms, and the readiness of this Government to regulate and adjust
our boundary and other causes of difference with that power on such fair
and equitable principles as would lead to permanent relations of the most
friendly nature, induced me in September last to seek the reopening of
diplomatic relations between the two countries. Every measure adopted
on our part had for its object the furtherance of these desired results.
In communicating to Congress a succinct statement of the injuries which
we had suffered from Mexico, and which have been accumulating dur-
ing a period of more than twenty years, every expression that could tend
to inflame the people of Mexico or defeat or delay a pacific result was
carefully avoided. An envoy of the United States repaired to Mexico
with full powers to adjust every existing difference. But though pres-
ent on the Mexican soil by agreement between the two Governments,
invested with full powers, and bearing evidence of the most friendly dis-
positions, his mission has been unavailing. The Mexican Government
not only refused to receive him or listen to his propositions, but after a
long-continued series of menaces have at last invaded our territory and
shed the blood of our fellow-citizens on our own soil.
It now becomes my duty to state more in detail the origin, progress,
and failure of that mission. In pursuance of the instructions given in
September last, an inquiry was made on the 13th of October, 1845, in the
most friendly terms, through our consul in Mexico, of the minister for
foreign affairs, whether the Mexican Government "would receive an
envoy from the United States intrusted with full powers to adjust all
the questions in dispute between the two Governments," with the assur-
ance that "should the answer be in the affirmative such an envoy would
be immediately dispatched to Mexico." The Mexican minister on the
15th of October gave an affirmative answer to this inquiry, requesting
at the same time that our naval force at Vera Cruz might be withdrawn,
lest its continued presence might assume the appearance of menace and
coercion pending the negotiations. This force was immediately with-
drawn. On the 10th of November, 1845, Mr. John Slidell, of Louisiana,
was commissioned by me as envoy extraordinary and minister pleni-
potentiary of the United States to Mexico, and was intrusted with full
powers to adjust both the questions of the Texas boundary and of indem-
nification to our citizens. The redress of the wrongs of our citizens
naturally and inseparably blended itself with the question of boundary.
The settlement of the one question in any correct view of the subject
involves that of the other. I could not for a moment entertain the idea
that the claims of our much-injured and long-suffering citizens, many of
which had existed for more than twenty years, should be postponed or
separated from the settlement of the boundary question,
A
James K. Polk
2289
•
Mr. Slidell arrived at Vera Cruz on the 30th of November, and was
courteously received by the authorities of that city. But the Govern-
ment of General Herrera was then tottering to its fall. The revolu
tionary party had seized upon the Texas question to effect or hasten
its overthrow. Its determination to restore friendly relations with the
United States, and to receive our minister to negotiate for the settlement
of this question, was violently assailed, and was made the great theme of
denunciation against it. The Government of General Herrera, there is
good reason to believe, was sincerely desirous to receive our minister ;
but it yielded to the storm raised by its enemies, and on the 21st of
December refused to accredit Mr. Slidell upon the most frivolous pre-
texts. These are so fully and ably exposed in the note of Mr. Slidell
of the 24th of December last to the Mexican minister of foreign rela-
tions, herewith transmitted, that I deem it unnecessary to enter into
further detail on this portion of the subject.
Five days after the date of Mr. Slidell's note General Herrera yielded
the Government to General Paredes without a struggle, and on the 30th of
December resigned the Presidency. This revolution was accomplished
solely by the army, the people having taken little part in the contest; and
thus the supreme power in Mexico passed into the hands of a military
leader.
Determined to leave no effort untried to effect an amicable adjustment
with Mexico, I directed Mr. Slidell to present his credentials to the Gov-
ernment of General Paredes and ask to be officially received by him.
There would have been less ground for taking this step had General
Paredes come into power by a regular constitutional succession. In that
event his administration would have been considered but a mere con-
stitutional continuance of the Government of General Herrera, and the
refusal of the latter to receive our minister would have been deemed con-
clusive unless an intimation had been given by General Paredes of his
desire to reverse the decision of his predecessor. But the Government of
General Paredes owes its existence to a military revolution, by which the
subsisting constitutional authorities had been subverted. The form of
government was entirely changed, as well as all the high functionaries
by whom it was administered.
Under these circumstances, Mr. Slidell, in obedience to my direction,
addressed a note to the Mexican minister of foreign relations, under date
of the 1st of March last, asking to be received by that Government in
the diplomatic character to which he had been appointed. This minis-
ter in his reply, under date of the 12th of March, reiterated the arguments
of his predecessor, and in terms that may be considered as giving just
grounds of offense to the Government and people of the United States
denied the application of Mr. Slidell. Nothing therefore remained for
our envoy but to demand his passports and return to his own country.
Thus the Government of Mexico, though solemnly pledged by official
2290
Messages and Papers of the Presidents
acts in October last to receive and accredit an American envoy, violated
their plighted faith and refused the offer of a peaceful adjustment of our
difficulties. Not only was the offer rejected, but the indignity of its
rejection was enhanced by the manifest breach of faith in refusing to
admit the envoy who came because they had bound themselves to receive
him. Nor can it be said that the offer was fruitless from the want of
opportunity of discussing it; our envoy was present on their own soil.
Nor can it be ascribed to a want of sufficient powers; our envoy had full
powers to adjust every question of difference. Nor was there room for
complaint that our propositions for settlement were unreasonable; per-
mission was not even given our envoy to make any proposition whatever.
Nor can it be objected that we, on our part, would not listen to any
reasonable terms of their suggestion; the Mexican Government refused
all negotiation, and have made no proposition of any kind.
A
In my message at the commencement of the present session I informed
you that upon the earnest appeal both of the Congress and convention of
Texas I had ordered an efficient military force to take a position "between
the Nueces and the Del Norte." This had become necessary to meet
a threatened invasion of Texas by the Mexican forces, for which exten-
sive military preparations had been made. The invasion was threatened
solely because Texas had determined, in accordance with a solemn resolu-
tion of the Congress of the United States, to annex herself to our Union,
and under these circumstances it was plainly our duty to extend our
protection over her citizens and soil.
This force was concentrated at Corpus Christi, and remained there
until after I had received such information from Mexico as rendered it
probable, if not certain, that the Mexican Government would refuse to
receive our envoy.
Meantime Texas, by the final action of our Congress, had become an
integral part of our Union. The Congress of Texas, by its act of Decem-
ber 19, 1836, had declared the Rio del Norte to be the boundary of that
Republic. Its jurisdiction had been extended and exercised beyond the
Nueces. The country between that river and the Del Norte had been
represented in the Congress and in the convention of Texas, had thus
taken part in the act of annexation itself, and is now included within
one of our Congressional districts. Our own Congress had, moreover,
with great unanimity, by the act approved December 31, 1845, recognized
the country beyond the Nueces as a part of our territory by including
it within our own revenue system, and a revenue officer to reside within
that district has been appointed by and with the advice and consent of
the Senate. It became, therefore, of urgent necessity to provide for the
defense of that portion of our country. Accordingly, on the 13th of Jan-
uary last instructions were issued to the general in command of these
troops to occupy the left bank of the Del Norte. This river, which is
the southwestern boundary of the State of Texas, is an exposed frontier.
་
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James K. Polk
2291
From this quarter invasion was threatened; upon it and in its immediate
vicinity, in the judgment of high military experience, are the proper sta-
tions for the protecting forces of the Government. In addition to this im-
portant consideration, several others occurred to induce this movement.
Among these are the facilities afforded by the ports at Brazos Santiago
and the mouth of the Del Norte for the reception of supplies by sea, the
stronger and more healthful military positions, the convenience for ob-
taining a ready and a more abundant supply of provisions, water, fuel,
and forage, and the advantages which are afforded by the Del Norte in
forwarding supplies to such posts as may be established in the interior
and upon the Indian frontier.
The movement of the troops to the Del Norte was made by the com-
manding general under positive instructions to abstain from all aggres-
sive acts toward Mexico or Mexican citizens and to regard the relations
between that Republic and the United States as peaceful unless she
should declare war or commit acts of hostility indicative of a state of
war. He was specially directed to protect private property and respect
personal rights.
The Army moved from Corpus Christi on the 11th of March, and on the
28th of that month arrived on the left bank of the Del Norte opposite
to Matamoras, where it encamped on a commanding position, which has
since been strengthened by the erection of fieldworks. A depot has also
been established at Point Isabel, near the Brazos Santiago, 30 miles in
rear of the encampment. The selection of his position was necessarily
confided to the judgment of the general in command.
The Mexican forces at Matamoras assumed a belligerent attitude, and
on the 12th of April General Ampudia, then in command, notified Gen-
eral Taylor to break up his camp within twenty-four hours and to retire
beyond the Nueces River, and in the event of his failure to comply with
these demands announced that arms, and arms alone, must decide the
question. But no open act of hostility was committed until the 24th of
April. On that day General Arista, who had succeeded to the command
of the Mexican forces, communicated to General Taylor that "he con-
sidered hostilities commenced and should prosecute them." A party of
dragoons of 63 men and officers were on the same day dispatched from
the American camp up the Rio del Norte, on its left bank, to ascertain
whether the Mexican troops had crossed or were preparing to cross the
river, "became engaged with a large body of these troops, and after a
short affair, in which some 16 were killed and wounded, appear to have
been surrounded and compelled to surrender."
The grievous wrongs perpetrated by Mexico upon our citizens through.
out a long period of years remain unredressed, and solemn treaties pledg-
ing her public faith for this redress have been disregarded. A govern-
ment either unable or unwilling to enforce the execution of such treaties
fails to perform one of its plainest duties.
2292
Messages and Papers of the Presidents
་
Our commerce with Mexico has been almost annihilated. It was for-
merly highly beneficial to both nations, but our merchants have been
deterred from prosecuting it by the system of outrage and extortion
which the Mexican authorities have pursued against them, whilst their
appeals through their own Government for indemnity have been made in
vain. Our forbearance has gone to such an extreme as to be mistaken
in its character. Had we acted with vigor in repelling the insults and
redressing the injuries inflicted by Mexico at the commencement, we
should doubtless have escaped all the difficulties in which we are now
involved.
Instead of this, however, we have been exerting our best efforts to pro-
pitiate her good will. Upon the pretext that Texas, a nation as inde-
pendent as herself, thought proper to unite its destinies with our own
she has affected to believe that we have severed her rightful territory,
and in official proclamations and manifestoes has repeatedly threatened
to make war upon us for the purpose of reconquering Texas. In the
meantime we have tried every effort at reconciliation. The cup of for-
bearance had been exhausted even before the recent information from the
frontier of the Del Norte. But now, after reiterated menaces, Mexico
has passed the boundary of the United States, has invaded our territory
and shed American blood upon the American soil. She has proclaimed
that hostilities have commenced, and that the two nations are now at war.
As war exists, and, notwithstanding all our efforts to avoid it, exists
by the act of Mexico herself, we are called upon by every consideration
of duty and patriotism to vindicate with decision the honor, the rights,
and the interests of our country.
Anticipating the possibility of a crisis like that which has arrived,
instructions were given in August last, "as a precautionary measure
against invasion or threatened invasion, authorizing General Taylor, if
the emergency required, to accept volunteers, not from Texas only,
but from the States of Louisiana, Alabama, Mississippi, Tennessee, and
Kentucky, and corresponding letters were addressed to the respective
governors of those States. These instructions were repeated, and in
January last, soon after the incorporation of "Texas into our Union of
States," General Taylor was further "authorized by the President to
make a requisition upon the executive of that State for such of its
militia force as may be needed to repel invasion or to secure the country
against apprehended invasion." On the 2d day of March he was again
reminded, “in the event of the approach of any considerable Mexican
force, promptly and efficiently to use the authority with which he was
clothed to call to him such auxiliary force as he might need." War
actually existing and our territory having been invaded, General Taylor,
pursuant to authority vested in him by my direction, has called on the
governor of Texas for four regiments of State troops, two to be mounted
and two to serve on foot, and on the governor of Louisiana for four
regiments of infantry to be sent to him as soon as practicable.
་
1
James K. Polk
2293
In further vindication of our rights and defense of our territory, I
invoke the prompt action of Congress to recognize the existence of the
war, and to place at the disposition of the Executive the means of prose-
cuting the war with vigor, and thus hastening the restoration of peace.
To this end I recommend that authority should be given to call into the
public service a large body of volunteers to serve for not less than six or
twelve months unless sooner discharged. A volunteer force is beyond
question more efficient than any other description of citizen soldiers, and
it is not to be doubted that a number far beyond that required would
readily rush to the field upon the call of their country. I further recom-
mend that a liberal provision be made for sustaining our entire military
force and furnishing it with supplies and munitions of war.
The most energetic and prompt measures and the immediate appear-
ance in arms of a large and overpowering force are recommended to
Congress as the most certain and efficient means of bringing the existing
collision with Mexico to a speedy and successful termination.
In making these recommendations I deem it proper to declare that it
is my anxious desire not only to terminate hostilities speedily, but to
bring all matters in dispute between this Government and Mexico to an
early and amicable adjustment; and in this view I shall be prepared to
renew negotiations whenever Mexico shall be ready to receive propositions
or to make propositions of her own.
I transmit herewith a copy of the correspondence between our envoy
to Mexico and the Mexican minister for foreign affairs, and so much of
the correspondence between that envoy and the Secretary of State and
between the Secretary of War and the general in command on the Del
Norte as is necessary to a full understanding of the subject.
JAMES K. POLK.
WASHINGTON, May 12, 1846.
To the Senate and House of Representatives:
I herewith transmit to Congress a copy of a communication* from the
officer commanding the Army in Texas, with the papers which accom-
panied it. They were received by the Southern mail of yesterday, some
hours after my message of that date had been transmitted, and are of
a prior date to one of the communications from the same officer which
accompanied that message.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, May 19, 1846.
I transmit herewith a report from the Secretary of War, in answer to
a resolution of the Senate of the 4th of December last, which contains
* Relating to the operations of the Army near Matamoras, Mexico.
2294
Messages and Papers of the Presidents
the information called for "with respect to the practicability and utility
of a fort or forts on Ship Island, on the coast of Mississippi, with a view
to the protection of said coast."
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, May 26, 1846.
A convention was concluded at Lima on 17th March, 1841, between
the United States and the Republic of Peru, for the adjustment of claims
of our citizens upon that Republic. It was stipulated by the seventh
article of this convention that "it shall be ratified by the contracting
parties, and the ratifications shall be exchanged within two years from
its date, or sooner if possible, after having been approved by the Presi
dent and Senate of the United States and by the Congress of Peru.”
This convention was transmitted by the President to the Senate for
their consideration during the extra session of 1841, but it did not re-
ceive their approbation until the 5th January, 1843. This delay ren-
dered it impracticable that the convention should reach Lima before the
17th March, 1843, the last day when the ratifications could be exchanged
under the terms of its seventh article. The Senate therefore extended
the time for this purpose until the 20th December, 1843.
In the meantime, previous to the 17th March, 1843, General Menendez,
the constitutional President of Peru, had ratified the convention, declar-
ing, however, in the act of ratification itself (which is without date),
that "the present convention and ratification are to be submitted within
the time stipulated in the seventh article for the final approbation of the
National Congress." This was, however, rendered impossible from the
fact that no Peruvian Congress assembled from the date of the convention
until the year 1845.
When the convention arrived at Lima General Menendez had been de-
posed by a revolution, and General Vivanco had placed himself at the head
of the Government. On the 16th July, 1843, the convention was ratified
by him in absolute terms without the reference to Congress which the
constitution of Peru requires, because, as the ratification states, "under
existing circumstances the Government exercises the legislative powers
demanded by the necessities of the State.' The ratifications were accord-
ingly exchanged at Lima on the 22d July, 1843, and the convention itself
was proclaimed at Washington by the President on the 21st day of Feb-
ruary, 1844.
In the meantime General Vivanco was deposed, and on the 12th Octo
ber, 1843, the Government then in existence published a decree declaring
all his administrative acts to be null and void, and notwithstanding the
earnest and able remonstrances of Mr. Pickett, our chargé d'affaires at
Lima, the Peruvian Government have still persisted in declaring that
the ratification of the convention by Vivanco was invalid.
After the meeting of the Peruvian Congress in 1845 the convention
was submitted to that body, by which it was approved on the 21st of
J
I
James K. Polk
2295
((
October last, with the condition, however, that the first installment
of $30,000 on account of the principal of the debt thereby recognized, and
to which the second article relates, should begin from the 1st day of
January, 1846, and the interest on this annual sum, according to arti-
cle 3, should be calculated and paid from the 1st day of January, 1842,
following in all other respects besides this modification the terms of the
convention."
I am not in possession of the act of the Congress of Peru contain-
ing this provision, but the information is communicated through a note
under date of the 15th of November, 1845, from the minister of foreign
affairs of Peru to the chargé d'affaires of the United States at Lima. A
copy of this note has been transmitted to the Department of State both
by our chargé d'affaires at Lima and by the Peruvian minister of foreign
affairs, and a copy of the same is herewith transmitted.
Under these circumstances I submit to the Senate, for their considera-
tion, the amendment to the convention thus proposed by the Congress of
Peru, with a view to its ratification. It would have been more satisfac-
tory to have submitted the act itself of the Peruvian Congress, but, on
account of the great distance, if I should wait until its arrival another
year might be consumed, whilst the American claimants have already
been too long delayed in receiving the money justly due to them.
Several of the largest of these claimants would, I am informed, be sat-
isfied with the modification of the convention adopted by the Peruvian
Congress.
A difficulty may arise in regard to the form of any proceeding which
the Senate might think proper to adopt, from the fact that the origi-
nal convention approved by them was sent to Peru and was exchanged
for the other original, ratified by General Vivanco, which is now in the
Department of State. In order to obviate this difficulty as far as may
be in my power, I transmit a copy of the convention, under the seal of
the United States, on which the Senate might found any action they
may deem advisable.
I would suggest that should the Senate advise the adoption of the
amendment proposed by the Peruvian Congress the time for exchanging
the ratifications of the amended convention ought to be extended for a
considerable period, so as to provide against all accidents in its transmis-
sion to Lima.
JAMES K. POLK.
To the House of Representatives:
WASHINGTON, May 27, 1846.
In compliance with the request contained in the resolution of the House
of Representatives of this date, I transmit copies of all the official dis-
patches which have been received from General Taylor, commanding
the army of occupation on the Rio Grande, relating to the battles * of
the 8th and 9th instant.
Palo Alto and Resaca de la Palma.
JAMES K. POLK.
2296
Messages and Papers of the Presidents
WASHINGTON, May 28, 1846.
To the Senate and House of Representatives:
I transmit a copy of a note, under date the 26th instant, from the envoy
extraordinary and minister plenipotentiary of Her Britannic Majesty to
the Secretary of State, communicating a dispatch, under date of the 4th
instant, received by him from Her Majesty's principal secretary of state
for foreign affairs.
From these it will be seen that the claims of the two Governments
upon
each other for a return of duties which had been levied in violation
of the commercial convention of 1815 have been finally and satisfactorily
adjusted. In making this communication I deem it proper to express
my satisfaction at the prompt manner in which the British Government
has acceded to the suggestion of the Secretary of State for the speedy
termination of this affair.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, June 1, 1846.
I propose, for the reason stated in the accompanying communication
of the Secretary of War, that the confirmation of Brevet Second Lieu-
tenant L. B. Wood by the Senate on the 5th of February, as a second
lieutenant in the Fifth Regiment of Infantry, be canceled; and I nomi-
nate the officers named in the same communication for regular promotion
in the Army.
The PRESIDENT ÒF THE UNITED STATES.
JAMES K. POLK.
WAR DEPARTMENT, May 15, 1846.
SIR: On the 12th of December last a list of promotions and appointments of officers
of the Army was submitted to the Senate for confirmation, in which list Brevet Second
Lieutenant L. B. Wood, of the Eighth Infantry, was nominated to the grade of sec-
ond lieutenant in the Fifth Regiment of Infantry, vice Second Lieutenant Deas,
promoted. He was entitled to this vacancy by seniority, but in a letter dated No-
vember 30, 1845, and received at the Adjutant-General's Office December 30, 1845
(eighteen days after the list referred to above had been sent to the Senate), he says:
"I respectfully beg leave to be permitted to decline promotion in any other regiment,
and to fill the first vacancy which may happen in the Eighth." This request was
acceded to, and accordingly, on the first subsequent list submitted to the Senate,
dated January 8, 1846, Brevet Second Lieutenant Charles S. Hamilton, of the Second
Infantry (the next below Lieutenant Wood), was nominated to fill the vacancy in the
Fifth Regiment and Lieutenant Wood to a vacancy which has occurred meanwhile
(December 31) in the Eighth.
The foregoing circumstances were explained in a note to the nomination list of
January 8, but it is probable the explanation escaped observation in the Senate, as on
the 5th of February Lieutenant Wood was confirmed in the Fifth Infantry, agreeably
to the first nomination, while no action appears to have been taken on his nomina
tion or that of Lieutenant Hamilton on the subsequent list of January 8, 1846.
As no commissions have yet been issued to these officers, and as Lieutenant Wood
has renewed his application to be continued in the Eighth Infantry, I respectfully
James K. Polk
2297
suggest that the Senate be requested to cancel their confirmation, on the 5th of Feb-
ruary, of his promotion as a second lieutenant in the Fifth Regiment of Infantry;
and I have the honor to propose the renomination of the lieutenants whose names
are annexed for regular promotion, to wit:
Fifth Regiment of Infantry.
Brevet Second Lieutenant Charles S. Hamilton, of the Second Regiment of Infan-
try, to be second lieutenant, November 17, 1846, vice Deas, promoted.
Eighth Regiment of Infantry.
Brevet Second Lieutenant Lafayette B. Wood to be second lieutenant, December 31,
1846, vice Maclay, promoted.
I am, sir, with great respect, your obedient servant,
W. L. MARCY.
To the Senate of the United States:
WASHINGTON, June 5, 1846.
In answer to the resolution of the Senate of the 22d ultimo, calling
for information upon the subject of the treaties which were concluded
between the late Republic of Texas and England and France, respec-
tively, I transmit a report from the Secretary of State and the documents
by which it was accompanied.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, June 6, 1846.
In answer to the resolutions of the Senate of the 10th, 11th, and 22d
of April last, I communicate herewith a report from the Secretary of
State, accompanied with the correspondence between the Government
of the United States and that of Great Britain in the years 1840, 1841,
1842, and 1843 respecting the right or practice of visiting or searching
merchant vessels in time of peace, and also the protest addressed by the
minister of the United States at Paris in the year 1842 against the con-
currence of France in the quintuple treaty, together with all correspond-
ence relating thereto.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, June 6, 1846.
I herewith communicate to the Senate, for its consideration, a conven-
tion signed on the 2d day of May, 1846, by the minister of the United
States at Berlin with the plenipotentiary of Hesse-Cassel, for the mutual
abolition of the droit d'aubaine and duties on emigration between that
German State and the United States; and I communicate with the con-
vention an explanatory dispatch of the minister of the United States dated
on the same day of the present year and numbcred 284.
JAMES K. POLK.
2298
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, June 8, 1846.
I communicate herewith a report from the Secretary of War, trans-
mitting the correspondence called for by the resolution of the Senate of
the 5th instant with General Edmund P. Gaines and General Winfield
Scott, of the Army of the United States.
The report of the Secretary of War and the accompanying correspond-
ence with General Gaines contain all the information in my possession
in relation to calls for "volunteers or militia into the service of the United
States" "by any officer of the Army" without legal "authority there-
for," and of the "measures which have been adopted" "in relation to
such officer or troops so called into service.'
In addition to the information contained in the report of the Secre-
tary of War and the accompanying correspondence with "Major-General
Scott, of the United States Army, upon the subject of his taking the com-
mand of the army of occupation on the frontier of Texas," I state that
on the same day on which I approved and signed the act of the 13th
of May, 1846, entitled "An act providing for the prosecution of the ex-
isting war between the United States and the Republic of Mexico," I
communicated to General Scott, through the Secretary of War, and also
in a personal interview with that officer, my desire that he should take
command of the Army on the Rio Grande and of the volunteer forces
which I informed him it was my intention forthwith to call out to march
to that frontier to be employed in the prosecution of the war against
Mexico. The tender of the command to General Scott was voluntary on
my part, and was made without any request or intimation on the subject
from him. It was made in consideration of his rank as Commander in
Chief of the Army. My communications with General Scott assigning
him the command were verbal, first through the Secretary of War and
afterwards in person. No written order was deemed to be necessary.
General Scott assented to assume the command, and on the following
day I had another interview with him and the Secretary of War, in rela-
tion to the number and apportionment among the several States of the
volunteer forces to be called out for immediate service, the forces which
were to be organized and held in readiness subject to a future call should
it become necessary, and other military preparations and movements to
be made with a view to the vigorous prosecution of the war. It was dis-
tinctly settled, and was well understood by General Scott, that he was to
command the Army in the war against Mexico, and so continued to be
settled and understood without any other intention or my part until the
Secretary of War submitted to me the letter of General Scott addressed
to him under date of the 21st of May, 1846, a copy of which is here-
with communicated. The character of that letter made it proper, in my
judgment, to change my determination in regard to the command of the
Army, and the Secretary of War, by my direction, in his letter of the 25th
James K. Polk
2299
よ
​of May, 1846, a copy of which is also herewith communicated, for the rea-
sons therein assigned, informed General Scott that he was relieved from
the command of the Army destined to prosecute the war against Mexico,
and that he would remain in the discharge of his duties at Washington.
The command of the Army on the frontier of Mexico has since been as-
signed to General Taylor, with his brevet rank of major-general recently
conferred upon him.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, June 10, 1846.
I lay before the Senate a proposal, in the form of a convention, pre-
sented to the Secretary of State on the 6th instant by the envoy extraor-
dinary and minister plenipotentiary of Her Britannic Majesty, for the
adjustment of the Oregon question, together with a protocol of this pro-
ceeding. I submit this proposal to the consideration of the Senate, and
request their advice as to the action which in their judgment it may be
proper to take in reference to it.
In the early periods of the Government the opinion and advice of the
Senate were often taken in advance upon important questions of our for-
eign policy. General Washington repeatedly consulted the Senate and
asked their previous advice upon pending negotiations with foreign pow-
ers, and the Senate in every instance responded to his call by giving their
advice, to which he always conformed his action. This practice, though
rarely resorted to in later times, was, in my judgment, eminently wise,
and may on occasions of great importance be properly revived. The
Senate are a branch of the treaty-making power, and by consulting them
in advance of his own action upon important measures of foreign policy
which may ultimately come before them for their consideration the Presi-
dent secures harmony of action between that body and himself. The
Senate are, moreover, a branch of the war-making power, and it may be
eminently proper for the Executive to take the opinion and advice of that
body in advance upon any great question which may involve in its deci
sion the issue of peace or war. On the present occasion the magnitude
of the subject would induce me under any circumstances to desire the
previous advice of the Senate, and that desire is increased by the recent
debates and proceedings in Congress, which render it, in my judgment, not
only respectful to the Senate, but necessary and proper, if not indispensa-
ble to insure harmonious action between that body and the Executive.
In conferring on the Executive the authority to give the notice for the
abrogation of the convention of 1827 the Senate acted publicly so large a
part that a decision on the proposal now made by the British Govern-
ment, without a definite knowledge of the views of that body in refer-
ence to it, might render the question still more complicated and difficult of
adjustment. For these reasons I invite the consideration of the Senate to
2300
Messages and Papers of the Presidents
the proposal of the British Government for the settlement of the Oregon
question, and ask their advice on the subject.
My opinions and my action on the Oregon question were fully made
known to Congress in my annual message of the 2d of December last,
and the opinions therein expressed remain unchanged.
Should the Senate, by the constitutional majority required for the rati-
fication of treaties, advise the acceptance of this proposition, or advise it
with such modifications as they may upon full deliberation deem proper,
I shall conform my action to their advice. Should the Senate, however,
decline by such constitutional majority to give such advice or to express
an opinion on the subject, I shall consider it my duty to reject the offer.
I also communicate herewith an extract from a dispatch of the Sec-
retary of State to the minister of the United States at London under
date of the 28th of April last, directing him, in accordance with the joint
resolution of Congress "concerning the Oregon Territory," to deliver the
notice to the British Government for the abrogation of the convention
of the 6th of August, 1827, and also a copy of the notice transmitted to
him for that purpose, together with extracts from a dispatch of that min-
ister to the Secretary of State bearing date on the 18th day of May last.
JAMES K. POLK.
To the Senate of the United States :
WASHINGTON, June 11, 1846.
I transmit herewith a communication from the Secretary of War,
which is accompanied by documents relating to General Gaines's calls
for volunteers, received since the answer was made to the resolution of
the Senate of the 5th instant on that subject, and which I deem it proper
to submit for the further information of the Senate.
JAMES K. POLK.
WASHINGTON, June 12, 1846.
To the Senate and House of Representatives:
I transmit herewith for the information of Congress, official reports
received at the War Department from the officer commanding the Army
on the Mexican frontier, giving a detailed report of the operations of
the Army in that quarter, and particularly of the recent engagements*
between the American and Mexican forces.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, June 15, 1846.
I transmit herewith a communication from the Secretary of War, ac-
companied by a report of an expedition led by Lieutenant Abert on the
*Palo Alto and Resaca de la Palma.
James K. Polk
2301
Upper Arkansas and through the country of the Camanche Indians in
the fall of the year 1845, as requested by the resolution of the Senate
of the 9th instant.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, June 16, 1846.
In answer to the resolution of the Senate of the 3d instant, I communi-
cate herewith estimates prepared by the War and Navy Departments of
the probable expenses of conducting the existing war with Mexico dur-
ing the remainder of the present and the whole of the next fiscal year.
I communicate also a report of the Secretary of the Treasury, based upon
these estimates, containing recommendations of measures for raising the
additional means required. It is probable that the actual expenses in-
curred during the period specified may fall considerably below the esti-
mates submitted, which are for a larger number of troops than have yet
been called to the field. As a precautionary measure, however, against
any possible deficiency, the estimates have been made at the largest
amount which any state of the service may require.
It will be perceived from the report of the Secretary of the Treasury
that a considerable portion of the additional amount required may be
raised by a modification of the rates of duty imposed by the existing
tariff laws. The high duties at present levied on many articles totally
exclude them from importation, whilst the quantity and amount of others
which are imported are greatly diminished. By reducing these duties to
a revenue standard, it is not doubted that a large amount of the articles
on which they are imposed would be imported, and a corresponding
amount of revenue be received at the Treasury from this source. By
imposing revenue duties on many articles now permitted to be imported
free of duty, and by regulating the rates within the revenue standard
upon others, a large additional revenue will be collected. Independently
of the high considerations which induced me in my annual message to
recommend a modification and reduction of the rates of duty imposed by
the act of 1842 as being not only proper in reference to a state of peace,
but just to all the great interests of the country, the necessity of such
modification and reduction as a war measure must now be manifest.
The country requires additional revenue for the prosecution of the war.
It may be obtained to a great extent by reducing the prohibitory and
highly protective duties imposed by the existing laws to revenue rates,
by imposing revenue duties on the free list, and by modifying the rates of
duty on other articles.
The modifications recommended by the Secretary of the Treasury in
his annual report in December last were adapted to a state of peace, and
the additional duties now suggested by him are with a view strictly to
raise revenue as a war measure. At the conclusion of the war these
duties may and should be abolished and reduced to lower rates.
2302
Messages and Papers of the Presidents
On the
It is not apprehended that the existing war with Mexico will materi-
ally affect our trade and commerce with the rest of the world.
contrary, the reductions proposed would increase that trade and augment
the revenue derived from it.
When the country is in a state of war no contingency should be per-
mitted to occur in which there would be a deficiency in the Treasury for
the vigorous prosecution of the war, and to guard against such an event
it is recommended that contingent authority be given to issue Treas-
ury notes or to contract a loan for a limited amount, reimbursable at an
early day. Should no occasion arise to exercise the power, still it may
be important that the authority should exist should there be a necessity
for it.
It is not deemed necessary to resort to direct taxes or excises, the
measures recommended being deemed preferable as a means of increas-
ing the revenue. It is hoped that the war with Mexico, if vigorously
prosecuted, as is contemplated, may be of short duration. I shall be at
all times ready to conclude an honorable peace whenever the Mexican
Government shall manifest a like disposition. The existing war has
been rendered necessary by the acts of Mexico, and whenever that power
shall be ready to do us justice we shall be prepared to sheath the sword
and tender to her the olive branch of peace.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, June 16, 1846.
In accordance with the resolution of the Senate of the 12th instant,
that "the President of the United States be, and he is hereby, advised to
accept the proposal of the British Government accompanying his message
to the Senate dated 10th June, 1846, for a convention to settle boundaries,
etc., between the United States and Great Britain west of the Rocky or
Stony Mountains," a convention was concluded and signed on the 15th
instant by the Secretary of State, on the part of the United States, and
the envoy extraordinary and minister plenipotentiary of Her Britannic
Majesty, on the part of Great Britain.
This convention I now lay before the Senate, for their consideration
with a view to its ratification.
JAMES K. POLK.
WASHINGTON, June 17, 1846.
To the House of Representatives of the United States:
I communicate herewith a report from the Secretary of the Navy,
accompanied with the correspondence called for by the resolution of the
House of Representatives of the 4th of May last, between Commander
G. J. Pendergrast and the Governments on the Rio de la Plata, and the
foreign naval commanders and the United States minister at Buenos
James K. Polk
2303
Ayres and the Navy Department, whilst or since said Pendergrast was
in command of the United States ship Boston in the Rio de la Plata,
touching said service.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, June 23, 1846.
I herewith communicate to the Senate, for its consideration, a conven-
tion concluded by the minister of the United States at Berlin with the
Duchy of Nassau, dated on the 27th May, 1846, for the mutual abolition
of the droit d'aubaine and taxes on emigration between that State of the
Germanic Confederation and the United States of America, and also a
dispatch from the minister explanatory of the convention.
To the Senate:
JAMES K. POLK.
WASHINGTON, June 24, 1846.
I transmit herewith a communication from the Secretary of War,
accompanied by a report from the Commissioner of Indian Affairs, in
reply to the resolution of the Senate of the 9th instant, requiring infor-
mation on the subject of the removal of the Chippewa Indians from the
mineral lands on Lake Superior.
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, July 2, 1846.
I transmit herewith a report from the Secretary of State, together with
copies of the correspondence in the year 1841 between the President of
the United States and the governor of New York relative to the appear-
ance of Joshua A. Spencer, esq., district attorney of the United States
for the western district of New York in the courts of the State of New
York as counsel for Alexander McLeod, called for by the resolution of
the House of Representatives of the 10th of April, 1846.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 7, 1846.
I herewith communicate to the Senate, for its consideration, a treaty of
commerce and navigation between the United States and the Kingdom
of Hanover, concluded and signed at Hanover on the 10th ultimo by the
respective plenipotentiaries.
And I communicate at the same time extracts of a dispatch from the
agent of the United States explanatory of the treaty.
JAMES K. POLK.
2304
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, July 9, 1846.
I transmit herewith, for the consideration and advice of the Senate
with regard to its ratification, a treaty concluded on the 5th and 17th
days of June last by T. P. Andrews, Thomas A. Harvey, and Gideon C.
Matlock, commissioners on the part of the United States, and the various
bands of the Pottawatomies, Chippewa, and Ottawa Indians, together with
a report of the Commissioner of Indian Affairs and other papers explana-
tory of the same.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, July 9, 1846.
I communicate herewith a report from the Secretary of the Treasury,
transmitting a report from the Commissioner of Public Lands in reply to
the resolution of the Senate of the 22d of June, 1846, calling for infor-
mation of the "progress which has been made in the surveys of the
mineral region upon Lake Superior, and within what time such surveys
may probably be prepared for the sales of the lands in that country.”
In answer to that portion of the resolution which calls for the "views"
of the Executive "respecting the proper mode of disposing of said lands,
keeping in view the interest of the United States and the equitable.
claims of individuals who, under the authority of the War Department,
have made improvements thereon or acquired rights of possession," I
recommend that these lands be brought into market and sold at such
price and under such regulations as Congress may prescribe, and that
the right of preemption be secured to such persons as have, under the
authority of the War Department, made improvements or acquired rights
of possession thereon. Should Congress deem it proper to authorize the
sale of these lands, it will be necessary to attach them to suitable land
districts, and that they be placed under the management and control of
the General Land Office, as other public lands.
To the Senate of the United States.
JAMES K. POLK.
WASHINGTON, July 11, 1846.
I communicate herewith a report from the Secretary of War, together
with copies of the reports of the board of engineers heretofore employed
in an examination of the coast of Texas with a view to its defense and
improvement, called for by the resolution of the 29th June, 1846.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 15, 1846.
I transmit herewith, for the consideration of the Senate, a treaty con-
cluded on the 15th day of May last with the Comanche and other tribes
James K. Polk
2305
or bands of Indians of Texas and the Southwestern prairies. I also in-
close a communication from the Secretary of War and a report from the
Commissioner of Indian Affairs, with accompanying documents, which
contain full explanations of the considerations which led to the nego-
tiation of the treaty and the general objects sought to be accomplished
by it.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 21, 1846.
I herewith transmit, in compliance with the request of the Senate in
their resolution of the 17th of June, 1846, a report of the Secretary of
State, together with a copy of all "the dispatches and instructions" "rel-
ative to the Oregon treaty" "forwarded to our minister, Mr. McLane,"
"not heretofore communicated to the Senate," including a statement of
the propositions for the adjustment of the Oregon question previously
made and rejected by the respective Governments. This statement was
furnished to Mr. McLane before his departure from the country, and is
dated on the 12th July, 1845, the day on which the note was addressed
by the Secretary of State to Mr. Pakenham offering to settle the contro-
versy by the forty-ninth parallel of latitude, which was rejected by that
minister on the 29th July following.
The Senate will perceive that extracts from but two of Mr. McLane's
"dispatches and communications to this Government" are transmitted,
and these only because they were necessary to explain the answers given
to them by the Secretary of State.
These dispatches are both numerous and voluminous, and, from their
confidential character, their publication, it is believed, would be highly
prejudicial to the public interests.
Public considerations alone have induced me to withhold the dispatches
of Mr. Mclane addressed to the Secretary of State. I concur with the
Secretary of State in the views presented in his report herewith trans-
mitted, against the publication of these dispatches.
Mr. McLane has performed his whole duty to his country, and I am
not only willing, but anxious, that every Senator who may desire it shall
have an opportunity of perusing these dispatches at the Department of
State. The Secretary of State has been instructed to afford every facility
for this purpose.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 21, 1846.
I communicate herewith a report from the Secretary of State, in answer
to the resolution of the Senate of the 18th of June, 1846, calling for cer-
tain information in relation to the Oregon Territory.
JAMES K. POLK.
2306
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, August 4, 1846.
I herewith communicate to the Senate the copy of a letter, under date
of the 27th ultimo, from the Secretary of State of the United States to the
minister of foreign relations of the Mexican Republic, again proposing
to open negotiations and conclude a treaty of peace which shall adjust
all the questions in dispute between the two Republics. Considering
the relative power of the two countries, the glorious events which have
already signalized our arms, and the distracted condition of Mexico, I
did not conceive that any point of national honor could exist which
ought to prevent me from making this overture. Equally anxious to
terminate by a peace honorable for both parties as I was originally
to avoid the existing war, I have deemed it my duty again to extend
the olive branch to Mexico. Should the Government of that Republic
accept the offer in the same friendly spirit by which it was dictated,
negotiations will speedily commence for the conclusion of a treaty.
The chief difficulty to be anticipated in the negotiation is the adjust-
ment of the boundary between the parties by a line which shall at once
be satisfactory to both, and such as neither will hereafter be inclined to
disturb. This is the best mode of securing perpetual peace and good
neighborhood between the two Republics. Should the Mexican Gov-
ernment, in order to accomplish these objects, be willing to cede any
portion of their territory to the United States, we ought to pay them
a fair equivalent-a just and honorable peace, and not conquest, being
our purpose in the prosecution of the war.
Under these circumstances, and considering the exhausted and dis-
tracted condition of the Mexican Republic, it might become necessary
in order to restore peace that I should have it in my power to advance
a portion of the consideration money for any cession of territory which
may be made. The Mexican Government might not be willing to wait
for the payment of the whole until the treaty could be ratified by the
Senate and an appropriation to carry it into effect be made by Congress,
and the necessity for such a delay might defeat the object altogether. I
would therefore suggest whether it might not be wise for Congress to
appropriate a sum such as they might consider adequate for this purpose,
to be paid, if necessary, immediately upon the ratification of the treaty
by Mexico. This disbursement would of course be accounted for at the
Treasury, not as secret-service money, but like other expenditures.
Two precedents for such a proceeding exist in our past history, during
the Administration of Mr. Jefferson, to which I would call your atten-
tion. On the 26th February, 1803, Congress passed an act appropriating
$2,000,000 "for the purpose of defraying any extraordinary expenses
which may be incurred in the intercourse between the United States and
foreign nations," "to be applied under the direction of the President of
the United States, who shall cause an account of the expenditure thereof
James K. Polk
2307
to be laid before Congress as soon as may be;" and on the 13th Feb-
ruary, 1806, an appropriation was made of the same amount and in the
same terms. The object in the first case was to enable the President to
obtain the cession of Louisiana, and in the second that of the Florida.
In neither case was the money actually drawn from the Treasury, and I
should hope that the result might be similar in this respect on the pres-
ent occasion, though the appropriation is deemed expedient as a precau-
tionary measure.
I refer the whole subject to the Senate in executive session. If they
should concur in opinion with me, then I recommend the passage of a
law appropriating such a sum as Congress may deem adequate, to be used
by the Executive, if necessary, for the purpose which I have indicated.
In the two cases to which I have referred the special purpose of the
appropriation did not appear on the face of the law, as this might have.
defeated the object; neither, for the same reason, in my opinion, ought
it now to be stated.
I also communicate to the Senate the copy of a letter from the Secre-
tary of State to Commodore Conner of the 29th ultimo, which was trans-
mitted to him on the day it bears date.
JAMES K. POLK.
WASHINGTON, August 5, 1846.
To the Senate and House of Representatives of the United States:
I communicate herewith a copy of a convention for the settlement and
adjustment of the Oregon question, which was concluded in this city on
the 15th day of June last between the United States and Her Britannic
Majesty. This convention has since been duly ratified by the respective
parties, and the ratifications were exchanged at London on the 17th day
of July, 1846.
It now becomes important that provision should be made by law at
the earliest practicable period for the organization of a Territorial gov-
ernment in Oregon.
It is also deemed proper that our laws regulating trade and intercourse
with the Indian tribes east of the Rocky Mountains should be extended
to such tribes within our territory as dwell beyond them, and that a
suitable number of Indian agents should be appointed for the purpose of
carrying these laws into execution.
It is likewise important that mail facilities, so indispensable for the
diffusion of information and for binding together the different portions
of our extended Confederacy, should be afforded to our citizens west of
the Rocky Mountains.
There is another subject to which I desire to call your special atten-
tion. It is of great importance to our country generally, and especially
to our navigating and whaling interests, that the Pacific Coast, and,
indeed, the whole of our territory west of the Rocky Mountains, should
2308
Messages and Papers of the Presidents
speedily be filled up by a hardy and patriotic population. Emigrants
to that territory have many difficulties to encounter and privations to
endure in their long and perilous journey, and by the time they reach
their place of destination their pecuniary means are generally much
reduced, if not altogether exhausted. Under these circumstances it is
deemed but an act of justice that these emigrants, whilst most effectu-
ally advancing the interests and policy of the Government, should be
aided by liberal grants of land. I would therefore recommend that
such grants be made to actual settlers upon the terms and under the
restrictions and limitations which Congress may think advisable.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, August 7, 1846.
I communicate herewith a report from the Secretary of the Navy,
with the accompanying documents, in answer to the resolution of the
Senate of August 6, 1846, calling for the report of the board of naval
officers, recently in session in this city, including the orders under which
it was convened and the evidence which may have been laid before it.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, August 7, 1846.
I transmit herewith, for the consideration and constitutional action
of the Senate, articles of a treaty which has been concluded by the
commissioners appointed for the purpose with the different parties into
which the Cherokee tribe of Indians has been divided, through their
delegates now in Washington. The same commissioners had previously
been appointed to investigate the subject of the difficulties which have
for years existed among the Cherokees, and which have kept them in a
state of constant excitement and almost entirely interrupted all progress
on their part in civilization and improvement in agriculture and the
mechanic arts, and have led to many unfortunate acts of domestic strife,
against which the Government is bound by the treaty of 1835 to protect
them. Their unfortunate internal dissensions had attracted the notice
and excited the sympathies of the whole country, and it became evident
that if something was not done to heal them they would terminate in a
sanguinary war, in which other tribes of Indians might become involved
and the lives and property of our own citizens on the frontier endangered.
I recommended in my message to Congress on the 13th of April last such
measures as I then thought it expedient should be adopted to restore
peace and good order among the Cherokees, one of which was a divi-
sion of the country which they occupy and separation of the tribe. This
recommendation was made under the belief that the different factions
James K. Polk
2309
could not be reconciled and live together in harmony-a belief based in a
great degree upon the representations of the delegates of the two divisions
of the tribe. Since then, however, there appears to have been a change of
opinion on this subject on the part of these divisions of the tribe, and on
representations being made to me that by the appointment of commis-
sioners to hear and investigate the causes of grievance of the parties
against each other and to examine into their claims against the Govern-
ment it would probably be found that an arrangement could be made
which would once more harmonize the tribe and adjust in a satisfactory
manner their claims upon and relations with the United States, I did
not hesitate to appoint three persons for the purpose. The commission-
ers entered into an able and laborious investigation, and on their mak-
ing known to me the probability of their being able to conclude a new
treaty with the delegates of all the divisions of the tribe, who were fully
empowered to make any new arrangement which would heal all dis-
sensions among the Cherokees and restore them to their ancient condi-
tion of peace and good brotherhood, I authorized and appointed them
to enter into negotiations with these delegates for the accomplishment
of that object. The treaty now transmitted is the result of their labors,
and it is hoped that it will meet the approbation of Congress, and, if car-
ried out in good faith by all parties to it, it is believed it will effect the
great and desirable ends had in view.
Accompanying the treaty is the report of the commissioners, and also a
communication to them from John Ross and others, who represent what
is termed the government party of the Cherokees, and which is trans-
mitted at their request for the consideration of the Senate.
JAMES K. POLK.
WASHINGTON, August 8, 1846.
To the Senate and House of Representatives of the United States:
I invite your attention to the propriety of making an appropriation
to provide for any expenditure which it may be necessary to make in
advance for the purpose of settling all our difficulties with the Mexi-
can Republic. It is my sincere desire to terminate, as it was originally
to avoid, the existing war with Mexico by a peace just and honorable to
both parties. It is probable that the chief obstacle to be surmounted in
accomplishing this desirable object will be the adjustment of a boundary
between the two Republics which shall prove satisfactory and convenient
to both, and such as neither will hereafter be inclined to disturb.
the adjustment of this boundary we ought to pay a fair equivalent for
any concessions which may be made by Mexico.
In
Under these circumstances, and considering the other complicated
questions to be settled by negotiation with the Mexican Republic, I
deem it important that a sum of money should be placed under the
2310
Messages and Papers of the Presidents
control of the Executive to be advanced, if need be, to the Government
of that Republic immediately after their ratification of a treaty. It might
be inconvenient for the Mexican Government to wait for the whole sum
the payment of which may be stipulated by this treaty until it could be
ratified by our Senate and an appropriation to carry it into effect made
by Congress. Indeed, the necessity for this delay might defeat the
object altogether. The disbursement of this money would of course be
accounted for, not as secret-service money, but like other expenditures.
Two precedents for such a proceeding exist in our past history, dur-
ing the Administration of Mr. Jefferson, to which I would call your at
tention: On the 26th February, 1803, an act was passed appropriating
$2,000,000 "for the purpose of defraying any extraordinary expenses
which may be incurred in the intercourse between the United States and
foreign nations," "to be applied under the direction of the President of
the United States, who shall cause an account of the expenditure thereof
to be laid before Congress as soon as may be;" and on the 13th of Feb-
ruary, 1806, an appropriation was made of the same amount and in the
same terms. In neither case was the money actually drawn from the
Treasury, and I should hope that the result in this respect might be
similar on the present occasion, although the appropriation may prove to
be indispensable in accomplishing the object. I would therefore recom-
mend the passage of a law appropriating $2,000,000 to be placed at the
disposal of the Executive for the purpose which I have indicated.
In order to prevent all misapprehension, it is my duty to state that,
anxious as I am to terminate the existing war with the least possible
delay, it will continue to be prosecuted with the utmost vigor until a
treaty of peace shall be signed by the parties and ratified by the Mexican
Republic.
JAMES K. POLK.
VETO MESSAGES.
To the House of Representatives:
WASHINGTON, August 3, 1846.
I have considered the bill entitled "An act making appropriations for
the improvement of certain harbors and rivers" with the care which its
importance demands, and now return the same to the House of Repre-
sentatives, in which it originated, with my objections to its becoming a
law. The bill proposes to appropriate $1,378,450 to be applied to more
than forty distinct and separate objects of improvement. On examin-
ing its provisions and the variety of objects of improvement which it
embraces, many of them of a local character, it is difficult to conceive,
if it shall be sanctioned and become a law, what practical constitutional
James K. Polk
2311
restraint can hereafter be imposed upon the most extended system of
internal improvements by the Federal Government in all parts of the
Union. The Constitution has not, in my judgment, conferred upon the
Federal Government the power to construct works of internal improve-
ment within the States, or to appropriate money from the Treasury for
that purpose. That this bill assumes for the Federal Government the
right to exercise this power can not, I think, be doubted. The approved
course of the Government and the deliberately expressed judgment of
the people have denied the existence of such a power under the Consti-
tution. Several of my predecessors have denied its existence in the most
solemn forms.
The general proposition that the Federal Government does not pos-
sess this power is so well settled and has for a considerable period been
so generally acquiesced in that it is not deemed necessary to reiterate
the arguments by which it is sustained. Nor do I deem it necessary,
after the full and elaborate discussions which have taken place before
the country on this subject, to do more than to state the general consid-
erations which have satisfied me of the unconstitutionality and inexpe-
diency of the exercise of such a power.
It is not questioned that the Federal Government is one of limited
powers. Its powers are such, and such only, as are expressly granted in
the Constitution or are properly incident to the expressly granted pow-
ers and necessary to their execution. In determining whether a given
power has been granted a sound rule of construction has been laid down
by Mr. Madison. That rule is that-
Whenever a question arises concerning a particular power, the first question is
whether the power be expressed in the Constitution. If it be, the question is de-
cided. If it be not expressed, the next inquiry must be whether it is properly an
incident to an expressed power and necessary to its execution. If it be, it may be
exercised by Congress. If it be not, Congress can not exercise it.
It is not pretended that there is any express grant in the Consti-
tution conferring on Congress the power in question. Is it, then, an
incidental power necessary and proper for the execution of any of the
granted powers? All the granted powers, it is confidently affirmed,
may be effectually executed without the aid of such an incident. "A
power, to be incidental, must not be exercised for ends which make it a
principal or substantive power, independent of the principal power to
which it is an incident.” It is not enough that it may be regarded
by Congress as convenient or that its exercise would advance the public
weal. It must be necessary and proper to the execution of the principal
expressed power to which it is an incident, and without which such
principal power can not be carried into effect. The whole frame of the
Federal Constitution proves that the Government which it creates was
intended to be one of limited and specified powers. A construction of
the Constitution so broad as that by which the power in question is
2312
Messages and Papers of the Presidents
defended tends imperceptibly to a consolidation of power in a Govern-
ment intended by its framers to be thus limited in its authority. "The
obvious tendency and inevitable result of a consolidation of the States
into one sovereignty would be to transform the republican system of the
United States into a monarchy." To guard against the assumption of
all powers which encroach upon the reserved sovereignty of the States,
and which consequently tend to consolidation, is the duty of all the true
friends of our political system. That the power in question is not prop-
erly an incident to any of the granted powers I am fully satisfied; but if
there were doubts on this subject, experience has demonstrated the wis-
dom of the rule that all the functionaries of the Federal Government
should abstain from the exercise of all questionable or doubtful powers.
If an enlargement of the powers of the Federal Government should be
deemed proper, it is safer and wiser to appeal to the States and the
people in the mode prescribed by the Constitution for the grant desired.
than to assume its exercise without an amendment of the Constitution.
If Congress does not possess the general power to construct works of
internal improvement within the States, or to appropriate money from
the Treasury for that purpose, what is there to exempt some, at least,
of the objects of appropriation included in this bill from the operation of
the general rule? This bill assumes the existence of the power, and
in some of its provisions asserts the principle that Congress may exer-
cise it as fully as though the appropriations which it proposes were
applicable to the construction of roads and canals. If there be a dis-
tinction in principle, it is not perceived, and should be clearly defined.
Some of the objects of appropriation contained in this bill are local in
their character, and lie within the limits of a single State; and though
in the language of the bill they are called harbors, they are not connected
with foreign commerce, nor are they places of refuge or shelter for our
Navy or commercial marine on the ocean or lake shores. To call the
mouth of a creek or a shallow inlet on our coast a harbor can not confer
the authority to expend the public money in its improvement. Congress
have exercised the power coeyal with the Constitution of establishing
light-houses, beacons, buoys, and piers on our ocean and lake shores.
for the purpose of rendering navigation safe and easy and of affording
protection and shelter for our Navy and other shipping. These are
safeguards placed in existing channels of navigation. After the long
acquiescence of the Government through all preceding Administrations,
I am not disposed to question or disturb the authority to make appropria-
tions for such purposes.
When we advance a step beyond this point, and, in addition to the es-
tablishment and support, by appropriations from the Treasury, of light-
houses, beacons, buoys, piers, and other improvements within the bays
inlets, and harbors on our ocean and lake coasts immediately connected
with our foreign commerce, attempt to make improvements in the inte-
James K. Polk
2313
rior at points unconnected with foreign commerce, and where they are
not needed for the protection and security of our Navy and commercial
marine, the difficulty arises in drawing a line beyond which appropriations
may not be made by the Federal G vernment.
One of my predecessors, who say the evil consequences of the sys-
tem proposed to be revived by this bill, attempted to define this line.
by declaring that "expenditures of this character" should be "confined
below the ports of entry or delivery established by law." Acting on this
restriction, he withheld his sanctior from a bill which had passed Con-
gress "to improve the navigation o'. the Wabash River." He was at the
same time "sensible that this rest, ction was not as satisfactory as could
be desired, and that much embarrassment may be caused to the executive
department in its execution, by appropriations for remote and not well-
understood objects." This restriction, it was soon found, was subject to
be evaded and rendered comparatively useless in checking the system of
improvements which it was designed to arrest, in consequence of the
facility with which ports of entry and delivery inay be established by
law upon the upper waters, and in some instances almost at the head
springs of some of the most unimportant of our rivers, and at points on
our coast possessing no commercial importance and not used as places of
refuge and safety by our Navy and other shipping. Many of the ports
of entry and delivery now authorized by law, so far as foreign commerce
is concerned, exist only in the statute books. No entry of foreign goods
is ever made and no duties are ever collected at them. No exports of
American products bound for foreign countries ever clear from them.
To assume that their existence in the statute book as ports of entry or
delivery warrants expenditures on the waters leading to them, which
would be otherwise unauthorized, would be to assert the proposition that
the lawmaking power may ingraft new provisions on the Constitution.
If the restriction is a sound one, it can only apply to the bays, inlets,
and rivers connected with or leading to such ports as actually have for-
eign commerce-ports at which foreign importations arrive in bulk,
paying the duties charged by law, and from which exports are made
to foreign countries. It will be found by applying the restriction thus
understood to the bill under consideration that it contains appropriations
for more than twenty objects of internal improvement, called in the bill
harbors, at places which have never been declared by law either ports
of entry or delivery, and at which, as appears from the records of the
Treasury, there has never been an arrival of foreign merchandise, and
from which there has never been a vessel cleared for a foreign country.
It will be found that many of these works are new, and at places for
the improvement of which appropriations are now for the first time.
proposed. It will be found also that the bill contains appropriations
for rivers upon which there not only exists no foreign commerce, but
upon which there has not been established even a paper port of entry,
75
2314
Messages and Papers of the Presidents
and for the mouths of creeks, denominated harbors, which if improved
can benefit only the particular neighborhood in which they are situated.
It will be found, too, to contain appropriations the expenditure of which
will only have the effect of improving one place at the expense of the local
natural advantages of another in its vicinity. Should this bill become
a law, the same principle which authorizes the appropriations which it
proposes to make would also authorize similar appropriations for the im-
provement of all the other bays, inlets, and creeks, which may with equal
propriety be called harbors, and of all the rivers, important or unimpor-
tant, in every part of the Union. To sanction the bill with such pro-
visions would be to concede the principle that the Federal Government
possesses the power to expend the public money in a general system of
internal improvements, limited in its extent only by the ever-varying dis-
cretion of successive Congresses and successive Executives. It would
be to efface and remove the limitations and restrictions of power which
the Constitution has wisely provided to limit the authority and action
of the Federal Government to a few well-defined and specified objects.
Besides these objections, the practical evils which must flow from the ex-
ercise on the part of the Federal Government of the powers asserted in
this bill impress my mind with a grave sense of my duty to avert them
from the country as far as my constitutional action may enable me to do so.
It not only leads to a consolidation of power in the Federal Government
at the expense of the rightful authority of the States, but its inevitable
tendency is to embrace objects for the expenditure of the public money
which are local in their character, benefiting but few at the expense of
the common Treasury of the whole. It will engender sectional feelings
and prejudices calculated to disturb the harmony of the Union. It will
destroy the harmony which should prevail in our legislative councils.
It will produce combinations of local and sectional interests, strong
enough when united to carry propositions for appropriations of public
money which could not of themselves, and standing alone, succeed, and
can not fail to lead to wasteful and extravagant expenditures.
It must produce a disreputable scramble for the public money, by the
conflict which is inseparable from such a system between local and indi-
vidual interests and the general interest of the whole. It is unjust to
those States which have with their own means constructed their own
internal improvements to make from the common Treasury appropria-
tions for similar improvements in other States.
In its operation it will be oppressive and unjust toward those States
whose representatives and people either deny or doubt the existence of
the power or think its exercise inexpedient, and who, while they equally
contribute to the Treasury, can not consistently with their opinions
engage in a general competition for a share of the public money. Thus
a large portion of the Union, in numbers and in geographical extent, con-
tributing its equal proportion of taxes to the support of the Government,
James K. Polk
2315
would under the operation of such a system be compelled to see the
national treasure-the common stock of all-unequally disbursed, and
often improvidently wasted for the advantage of small sections, instead of
being applied to the great national purposes in which all have a common
interest, and for which alone the power to collect the revenue was given.
Should the system of internal improvements proposed prevail, all these
evils will multiply and increase with the increase of the number of the
States and the extension of the geographical limits of the settled portions
of our country. With the increase of our numbers and the extension of
our settlements the local objects demanding appropriations of the public
money for their improvement will be proportionately increased. In each
case the expenditure of the public money would confer benefits, direct
or indirect, only on a section, while these sections would become daily
less in comparison with the whole.
The wisdom of the framers of the Constitution in withholding power
over such objects from the Federal Government and leaving them to the
local governments of the States becomes more and more manifest with
every year's experience of the operations of our system.
In a country of limited extent, with but few such objects of expendi-
ture (if the form of government permitted it), a common treasury might
be used for their improvement with much less inequality and injustice
than in one of the vast extent which ours now presents in population
and territory. The treasure of the world would hardly be equal to the
improvement of every bay, inlet, creek, and river in our country which
might be supposed to promote the agricultural, manufacturing, or com-
mercial interests of a neighborhood.
The Federal Constitution was wisely adapted in its provisions to any
expansion of our limits and population, and with the advance of the
confederacy of the States in the career of national greatness it becomes.
the more apparent that the harmony of the Union and the equal justice
to which all its parts are entitled require that the Federal Government
should confine its action within the limits prescribed by the Constitu-
tion to its power and authority. Some of the provisions of this bill are
not subject to the objections stated, and did they stand alone I should not
feel it to be my duty to withhold my approval.
If no constitutional objections existed to the bill, there are others
of a serious nature which deserve some consideration. It appropriates
between $1,000,000 and $2,000,000 for objects which are of no pressing
necessity, and this is proposed at a time when the country is engaged in
a foreign war, and when Congress at its present session has authorized a
loan or the issue of Treasury notes to defray the expenses of the war,
to be resorted to if the "exigencies of the Government shall require it.
It would seem to be the dictate of wisdom under such circumstances
to husband our means, and not to waste them on comparatively unim-
portant objects, so that we may reduce the loan or issue of Treasury
2316
Messages and Papers of the Presidents
notes which may become necessary to the smallest practicable sum. It
would seem to be wise, too, to abstain from such expenditures with a
view to avoid the accumulation of a large public debt, the existence of
which would be opposed to the interests of our people as well as to the
genius of our free institutions.
Should this bill become a law, the principle which it establishes will
inevitably lead to large and annually increasing appropriations and
drains upon the Treasury, for it is not to be doubted that numerous other
localities not embraced in its provisions, but quite as much entitled to
the favor of the Government as those which are embraced, will demand,
through their representatives in Congress, to be placed on an equaï foot-
ing with them. With such an increase of expenditure must necessarily
follow either an increased public debt or increased burdens upon the
people by taxation to supply the Treasury with the means of meeting
the accumulated demands upon it.
With profound respect for the opinions of Congress, and ever anx-
ious, as far as I can consistently with my responsibility to our common
constituents, to cooperate with them in the discharge of our respective
duties, it is with unfeigned regret that I find myself constrained, for the
reasons which I have assigned, to withhold my approval from this bill.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, August 8, 1846.
I return to the Senate, in which it originated, the bill entitled "An
act to provide for the ascertainment and satisfaction of claims of Ameri-
can citizens for spoliations committed by the French prior to the 31st day
of July, 1801," which was presented to me on the 6th instant, with my
objections to its becoming a law.
In attempting to give to the bill the careful examination it requires,
difficulties presented themselves in the outset from the remoteness of
the period to which the claims belong, the complicated nature of the
transactions in which they originated, and the protracted negotiations
to which they led between France and the United States.
The short time intervening between the passage of the bill by Con-
gress and the approaching close of their session, as well as the pressure
of other official duties, have not permitted me to extend my examina-
tion of the subject into its minute details; but in the consideration which
I have been able to give to it I find objections of a grave character to its
provisions.
For the satisfaction of the claims provided for by the bill it is proposed
to appropriate $5,000,000. I can perceive no legal or equitable ground
upon which this large appropriation can rest. A portion of the claims
have been more than half a century before the Government in its execu-
tive or legislative departments, and all of them had their origin in events
which occurred prior to the year 1800. Since 1802 they have been from
James K. Polk
2317
time to time before Congress. No greater necessity or propriety exists
for providing for these claims at this time than has existed for near
half a century, during all which period this questionable measure has
never until now received the favorable consideration of Congress. It is
scarcely probable, if the claim had been regarded as obligatory upon the
Government or constituting an equitable demand upon the Treasury,
that those who were contemporaneous with the events which gave rise
to it should not long since have done justice to the claimants. The
Treasury has often been in a condition to enable the Government to do
so without inconvenience if these claims had been considered just. Mr.
Jefferson, who was fully cognizant of the early dissensions between the
Governments of the United States and France, out of which the claims
arose, in his annual message in 1808 adverted to the large surplus then
in the Treasury and its "probable accumulation," and inquired whether
it should "lie unproductive in the public vaults;" and yet these claims,
though then before Congress, were not recognized or paid. Since that
time the public debt of the Revolution and of the War of 1812 has been
extinguished, and at several periods since the Treasury has been in
possession of large surpluses over the demands upon it. In 1836 the
surplus amounted to many millions of dollars, and, for want of proper
objects to which to apply it, it was directed by Congress to be deposited
with the States.
During this extended course of time, embracing periods eminently
favorable for satisfying all just demands upon the Government, the
claims embraced in this bill met with no favor in Congress beyond
reports of committees in one or the other branch. These circumstances
alone are calculated to raise strong doubts in respect to these claims,
more especially as all the information necessary to a correct judgment
concerning them has been long before the public. These doubts are
strengthened in my mind by the examination I have been enabled to
give to the transactions in which they originated.
The bill assumes that the United States have become liable in these
ancient transactions to make reparation to the claimants for injuries
committed by France. Nothing was obtained for the claimants by nego-
tiation; and the bill assumes that the Government has become respon-
sible to them for the aggressions of France. I have not been able to
satisfy myself of the correctness of this assumption, or that the Govern-
ment has become in any way responsible for these claims. The limited
time allotted me before your adjournment precludes the possibility of
reiterating the facts and arguments by which in preceding Congresses.
these claims have been successfully resisted.
The present is a period peculiarly unfavorable for the satisfaction of
claims of so large an amount and, to say the least of them, of so doubt-
ful a character. There is no surplus in the Treasury. A public debt of
several millions of dollars has been created within the last few years.
2318
Messages and Papers of the Presidents
I
We are engaged in a foreign war, uncertain in its duration and in-
volving heavy expenditures, to prosecute which Congress has at its
present session authorized a further loan; so that in effect the Govern-
ment, should this bill become a law, borrows money and increases the
public debt to pay these claims.
It is true that by the provisions of the bill payment is directed to be
made in land scrip instead of money, but the effect upon the Treasury
will be the same. The public lands constitute one of the sources of
public revenue, and if these claims be paid in land scrip it will from the
date of its issue to a great extent cut off from the Treasury the annual
income from the sales of the public lands, because payments for lands
sold by the Government may be expected to be made in scrip until it is
all redeemed. If these claims be just, they ought to be paid in money,
and not in anything less valuable. The bill provides that they shall
be paid in land scrip, whereby they are made in effect to be a mortgage
upon the public lands in the new States; a mortgage, too, held in great
part, if not wholly, by nonresidents of the States in which the lands lie,
who may secure these lands to the amount of several millions of acres,
and then demand for them exorbitant prices from the citizens of the
States who may desire to purchase them for settlement, or they may
keep them out of the market, and thus retard the prosperity and growth
of the States in which they are situated. Why this unusual mode of
satisfying demands on the Treasury has been resorted to does not appear.
It is not consistent with a sound public policy. If it be done in this
case, it may be done in all others. It would form a precedent for the
satisfaction of all other stale and questionable claims in the same manner,
and would undoubtedly be resorted to by all claimants who after suc-
cessive trials shall fail to have their claims recognized and paid in money
by Congress.
This bill proposes to appropriate $5,000,000, to be paid in land scrip,
and provides that "no claim or memorial shall be received by the com-
missioners" authorized by the act "unless accompanied by a release or
discharge of the United States from all other and further compensation"
than the claimant "may be entitled to receive under the provisions of
this act." These claims are estimated to amount to a much larger sum
than $5,000,000, and yet the claimant is required to release to the Gov-
ernment all other compensation, and to accept his share of a fund which
is known to be inadequate. If the claims be well founded, it would be
unjust to the claimants to repudiate any portion of them, and the pay-
ment of the remaining sum could not be hereafter resisted. This bill
proposes to pay these claims not in the currency known to the Consti
tution, and not to their full amount.
Passed, as this bill has been, near the close of the session, and when
many measures of importance necessarily claim the attention of Con-
gress, and possibly without that full and deliberate consideration which
James K. Polk
2319
ព
the large sum it appropriates and the existing condition of the Treasury
and of the country demand, I deem it to be my duty to withhold my
approval, that it may hereafter undergo the revision of Congress. I
have come to this conclusion with regret. In interposing my objections
to its becoming a law I am fully sensible that it should be an extreme
case which would make it the duty of the Executive to withhold his
approval of any bill passed by Congress upon the ground of its inexpe-
diency alone. Such a case I consider this to be.
JAMES K. POLK.
PROCLAMATIONS.
[From Statutes at Large (Little & Brown), Vol. IX, p. 999.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 3d of
March, 1845, entitled "An act allowing drawback upon foreign merchan-
dise exported in the original packages to Chihuahua and Santa Fe, in
Mexico, and to the British North American Provinces adjoining the United
States," certain privileges are extended in reference to drawback to ports
therein specially enumerated in the seventh section of said act, which
also provides "that such other ports situated on the frontiers of the United
States adjoining the British North American Provinces as may hereafter
be found expedient may have extended to them the like privileges on
the recommendation of the Secretary of the Treasury and proclamation
duly made by the President of the United States specially designating
the ports to which the aforesaid privileges are to be extended;" and
Whereas the Secretary of the Treasury has duly recommended to me
the extension of the privileges of the law aforesaid to the port of Lew-
iston, in the collection district of Niagara, in the State of New York:
Now, therefore, I, James K. Polk, President of the United States of
America, do hereby declare and proclaim that the port of Lewiston, in
the collection district of Niagara, in the State of New York, is and shall
be entitled to all the privileges extended to the other ports enumerated
in the seventh section of the act aforesaid from and after the date of
this proclamation.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 17th day of January,
A. D. 1846, and of the Independence of the United States of
America the seventieth.
JAMES K. POLK.
By the President:
JAMES BUCHANAN,
Secretary of State.
2320
Messages and Papers of the Presidents
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.~
A PROCLAMATION.
Whereas the Congress of the United States, by virtue of the constitu-
tional authority vested in them, have declared by their act bearing date
this day that "by the act of the Republic of Mexico a state of war exists
between that Government and the United States:
Now, therefore, I, James K. Polk, President of the United States of
America, do hereby proclaim the same to all whom it may concern; and
I do specially enjoin on all persons holding offices, civil or military,
under the authority of the United States that they be vigilant and zealous
in discharging the duties respectively incident thereto; and I do, more-
over, exhort all the good people of the United States, as they love their
country, as they feel the wrongs which have forced on them the last
resort of injured nations, and as they consult the best means, under the
blessing of Divine Providence, of abridging its calamities, that they exert
themselves in preserving order, in promoting concord, in maintaining the
authority and the efficacy of the laws, and in supporting and invigorat-
ing all the measures which may be adopted by the constituted authorities
for obtaining a speedy, a just, and an honorable peace.
In testimony whereof I have hereunto set my hand and caused the seal
of the United States to be affixed to these presents.
[SEAL.]
Done at the city of Washington, the 13th day of May, A. D.
1846, and of the Independence of the United States the seven-
tieth.
By the President:
JAMES BUCHANAN,
Secretary of State.
JAMES K. POLK.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the act of Congress approved July 9, 1846, entitled "An
act to retrocede the county of Alexandria, in the District of Columbia,
to the State of Virginia," it is enacted that, with the assent of the people
of the county and town of Alexandria, to be ascertained in the manner
therein prescribed, all that portion of the District of Columbia ceded to
the United States by the State of Virginia and all the rights and juris-
diction therewith ceded over the same shall be ceded and forever relin-
quished to the State of Virginia in full and absolute right and jurisdiction,
as well of soil as of persons residing or to reside thereon; and
Whereas it is further provided that the said act "shall not be in force
until after the assent of the people of the county and town of Alexandria
shall be given to it in the mode therein provided," and, if a majority of
the votes should be in favor of accepting the provisions of the said act, it
shall be the duty of the President to make proclamation of the fact; and
James K. Polk
2321
Whereas on the 17th day of August, 1846, after the close of the late
session of the Congress of the United States, I duly appointed five citi-
zens of the county or town of Alexandria, being freeholders within the
same, as commissioners, who, being duly sworn to perform the duties.
imposed on them as prescribed in the said act, did proceed within ten
days after they were notified to fix upon the 1st and 2d days of Septem-
ber, 1846, as the time, the court-house of the county of Alexandria ast
the place, and viva voce as the manner of voting, and gave due notice
of the same; and at the time and at the place, in conformity with the
said notice, the said commissioners presiding and deciding all questions
arising in relation to the right of voting under the said act, the votes of
the citizens qualified to vote were taken viva voce and recorded in poll
books duly kept, and on the 3d day of September instant, after the said
polls were closed, the said commissioners did make out and on the next
day did transmit to me a statement of the polls so held, upon oath and
under their seals; and of the votes so cast and polled there were in favor
of accepting the provisions of the said act 763 votes, and against accept-
ing the same 222, showing a majority of 541 votes for the acceptance of
the same:
Now, therefore, be it known that I, James K. Polk, President of the
United States of America, in fulfillment of the duty imposed upon me by
the said act of Congress, do hereby make proclamation of the "result"
of said "poll" as above stated, and do call upon all and singular the
persons whom it doth or may concern to take notice that the act afore-
said "is in full force and effect."
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 7th day of September,
A. D. 1846, and of the Independence of the United States the
seventy-first.
By the President:
N. P. TRIST,
Acting Secretary of State.
JAMES K. POLK.
SECOND ANNUAL MESSAGE.
WASHINGTON, December 8, 1846.
Fellow-Citizens of the Senate and of the House of Representatives:
In resuming your labors in the service of the people it is a subject of
congratulation that there has been no period in our past history when
all the elements of national prosperity have been so fully developed.
Since your last session no afflicting dispensation has visited our coun-
try.
General good health has prevailed, abundance has crowned the toil
of the husbandman, and labor in all its branches is receiving an ample
1.
2322
Messages and Papers of the Presidents
reward, while education, science, and the arts are rapidly enlarging the
means of social happiness. The progress of our country in her career
of greatness, not only in the vast extension of our territorial limits and
the rapid increase of our population, but in resources and wealth and in
the happy condition of our people, is without an example in the history
of nations.
As the wisdom, strength, and beneficence of our free institutions are
unfolded, every day adds fresh motives to contentment and fresh incen-
tives to patriotism.
Our devout and sincere acknowledgments are due to the gracious
Giver of All Good for the numberless blessings which our beloved coun-
try enjoys.
It is a source of high satisfaction to know that the relations of the
United States with all other nations, with a single exception, are of
the most amicable character. Sincerely attached to the policy of peace
early adopted and steadily pursued by this Government, I have anx-
iously desired to cultivate and cherish friendship and commerce with
every foreign power. The spirit and habits of the American people are
favorable to the maintenance of such international harmony. In adher-
ing to this wise policy, a preliminary and paramount duty obviously
consists in the protection of our national interests from encroachment or
sacrifice and our national honor from reproach. These must be main-
tained at any hazard. They admit of no compromise or neglect, and
must be scrupulously and constantly guarded. In their vigilant vindi-
cation collision and conflict with foreign powers may sometimes become
unavoidable. Such has been our scrupulous adherence to the dictates
of justice in all our foreign intercourse that, though steadily and rapidly
advancing in prosperity and power, we have given no just cause of com-
plaint to any nation and have enjoyed the blessings of peace for more
than thirty years. From a policy so sacred to humanity and so salutary
in its effects upon our political system we should never be induced vol-
untarily to depart.
The existing war with Mexico was neither desired nor provoked by the
United States. On the contrary, all honorable means were resorted to to
avert it. After years of endurance of aggravated and unredressed wrongs
on our part, Mexico, in violation of solemn treaty stipulations and of
every principle of justice recognized by civilized nations, commenced hos
tilities, and thus by her own act forced the war upon us. Long before
the advance of our Army to the left bank of the Rio Grande we had
ample cause of war against Mexico, and had the United States resorted
to this extremity we might have appealed to the whole civilized world
for the justice of our cause. I deem it to be my duty to present to you
on the present occasion a condensed review of the injuries we had sus-
tained, of the causes which led to the war, and of its progress since its
commencement. This is rendered the more necessary because of the
James K. Polk
2323
misapprehensions which have to some extent prevailed as to its origin
and true character. The war has been represented as unjust and unnec-
essary and as one of aggression on our part upon a weak and injured
enemy. Such erroneous views, though entertained by but few, have
been widely and extensively circulated, not only at home, but have been
spread throughout Mexico and the whole world. A more effectual means
could not have been devised to encourage the enemy and protract the
war than to advocate and adhere to their cause, and thus give them "aid
and comfort.” It is a source of national pride and exultation that the
great body of our people have thrown no such obstacles in the way of
the Government in prosecuting the war successfully, but have shown
themselves to be eminently patriotic and ready to vindicate their coun-
try's honor and interests at any sacrifice. The alacrity and promptness
with which our volunteer forces rushed to the field on their country's
call prove not only their patriotism, but their deep conviction that our
cause is just.
The wrongs which we have suffered from Mexico almost ever since
she became an independent power and the patient endurance with which
we have borne them are without a parallel in the history of modern
civilized nations. There is reason to believe that if these wrongs had
been resented and resisted in the first instance the present war might
have been avoided. One outrage, however, permitted to pass with impu-
nity almost necessarily encouraged the perpetration of another, until at
last Mexico seemed to attribute to weakness and indecision on our part
a forbearance which was the offspring of magnanimity and of a sincere
desire to preserve friendly relations with a sister republic.
Scarcely had Mexico achieved her independence, which the United
States were the first among the nations to acknowledge, when she com-
menced the system of insult and spoliation which she has ever since
pursued. Our citizens engaged in lawful commerce were imprisoned,
their vessels seized, and our flag insulted in her ports. If money was
wanted, the lawless seizure and confiscation of our merchant vessels and
their cargoes was a ready resource, and if to accomplish their purposes
it became necessary to imprison the owners, captains, and crews, it was
done. Rulers superseded rulers in Mexico in rapid succession, but still
there was no change in this system of depredation. The Government
of the United States made repeated reclamations on behalf of its citizens,
but these were answered by the perpetration of new outrages. Promises
of redress made by Mexico in the most solemn forms were postponed or
evaded. The files and records of the Department of State contain con-
clusive proofs of numerous lawless acts perpetrated upon the property
and persons of our citizens by Mexico, and of wanton insults to our na-
tional flag. The interposition of our Government to obtain redress was
again and again invoked under circumstances which no nation ought
to disregard. It was hoped that these outrages would cease and that
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Messages and Papers of the Presidents
Mexico would be restrained by the laws which regulate the conduct of
civilized nations in their intercourse with each other after the treaty
of amity, commerce, and navigation of the 5th of April, 1831, was con-
cluded between the two Republics; but this hope soon proved to be vain.
The course of seizure and confiscation of the property of our citizens, the
violation of their persons, and the insults to our flag pursued by Mexico
previous to that time were scarcely suspended for even a brief period,
although the treaty so clearly defines the rights and duties of the respec-
tive parties that it is impossible to misunderstand or mistake them.
less than seven years after the conclusion of that treaty our grievances
had become so intolerable that in the opinion of President Jackson they
should no longer be endured. In his message to Congress in February,
1837, he presented them to the consideration of that body, and declared
that-
In
The length of time since some of the injuries have been committed, the repeated
and unavailing applications for redress, the wanton character of some of the outrages
upon the property and persons of our citizens, upon the officers and flag of the United
States, independent of recent insults to this Government and people by the late ex
traordinary Mexican minister, would justify in the eyes of all nations immediate war.
In a spirit of kindness and forbearance, however, he recommended
reprisals as a milder mode of redress. He declared that war should not
be used as a remedy "by just and generous nations, confiding in their
strength for injuries committed, if it can be honorably avoided," and
added:
It has occurred to me that, considering the present embarrassed condition of that
country, we should act with both wisdom and moderation by giving to Mexico one
more opportunity to atone for the past before we take redress into our own hands.
To avoid all misconception on the part of Mexico, as well as to protect our own
national character from reproach, this opportunity should be given with the avowed
design and full preparation to take immediate satisfaction if it should not be obtained
on a repetition of the demand for it. To this end I recommend that an act be passed
authorizing reprisals, and the use of the naval force of the United States by the Exec-
utive against Mexico to enforce them, in the event of a refusal by the Mexican Gov-
ernment to come to an amicable adjustment of the matters in controversy between
us upon another demand thereof made from on board one of our vessels of war on
the coast of Mexico.
Committees of both Houses of Congress, to which this message of the
President was referred, fully sustained his views of the character of
the wrongs which we had suffered from Mexico, and recommended that
another demand for redress should be made before authorizing war or
reprisals. The Committee on Foreign Relations of the Senate, in their
report, say:
After such a demand, should prompt justice be refused by the Mexican Govern-
ment, we may appeal to all nations, not only for the equity and moderation with
which we shall have acted toward a sister republic, but for the necessity which will
then compel us to seek redress for our wrongs, either by actual war or by reprisals.
The subject will then be presented before Congress, at the commencement of the
James K. Polk
2325
next session, in a clear and distinct form, and the committee can not doubt but that
such measures will be immediately adopted as may be necessary to vindicate the
honor of the country and insure ample reparation to our injured fellow-citizens.
The Committee on Foreign Affairs of the House of Representatives
made a similar recommendation. In their report they say that—
They fully concur with the President that ample cause exists for taking redress
into our own hands, and believe that we should be justified in the opinion of other
nations for taking such a step. But they are willing to try the experiment of another
demand, made in the most solemn form, upon the justice of the Mexican Govern-
ment before any further proceedings are adopted.
No difference of opinion upon the subject is believed to have existed
in Congress at that time; the executive and legislative departments con-
curred; and yet such has been our forbearance and desire to preserve
peace with Mexico that the wrongs of which we then complained, and
which gave rise to these solemn proceedings, not only remain unre-
dressed to this day, but additional causes of complaint of an aggravated
character have ever since been accumulating. Shortly after these pro-
ceedings a special messenger was dispatched to Mexico to make a final
demand for redress, and on the 20th of July, 1837, the demand was made.
The reply of the Mexican Government bears date on the 29th of the same
month, and contains assurances of the "anxious wish" of the Mexican
Government "not to delay the moment of that final and equitable adjust-
inent which is to terminate the existing difficulties between the two Gov-
ernments;" that "nothing should be left undone which may contribute
to the most speedy and equitable determination of the subjects which
have so seriously engaged the attention of the American Government;'
that the "Mexican Government would adopt as the only guides for its
conduct the plainest principles of public right, the sacred obligations
imposed by international law, and the religious faith of treaties,” and
that "whatever reason and justice may dictate respecting each case will
be done.” The assurance was further given that the decision of the
Mexican Government upon each cause of complaint for which redress
had been demanded should be communicated to the Government of the
United States by the Mexican minister at Washington.
These solemn assurances in answer to our demand for redress were
disregarded. By making them, however, Mexico obtained further de-
lay.
President Van Buren, in his annual message to Congress of the 5th
of December, 1837, states that "although the larger number" of our
demands for redress, "and many of them aggravated cases of personal
wrongs, have been now for years before the Mexican Government, and
some of the causes of national complaint, and those of the most offensive
character, admitted of immediate, simple, and satisfactory replies, it is
only within a few days past that any specific communication in answer
to our last demand, made five months ago, has been received from the
Mexican minister;" and that "for not one of our public complaints has
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Messages and Papers of the Presidents
satisfaction been given or offered, that but one of the cases of personal
wrong has been favorably considered, and that but four cases of both
descriptions out of all those formally presented and earnestly pressed
have as yet been decided upon by the Mexican Government.” President
Van Buren, believing that it would be vain to make any further attempt
to obtain redress by the ordinary means within the power of the Execu-
tive, communicated this opinion to Congress in the message referred to,
in which he said:
On a careful and deliberate examination of their contents [of the correspondence
with the Mexican Government], and considering the spirit manifested by the Mexi-
can Government, it has become my painful duty to return the subject as it now
stands to Congress, to whom it belongs to decide upon the time, the mode, and the
measure of redress.
Had the United States at that time adopted compulsory measures
and taken redress into their own hands, all our difficulties with Mexico
would probably have been long since adjusted and the existing war
have been averted. Magnanimity and moderation on our part only had
the effect to complicate these difficulties and render an amicable settle-
ment of them the more embarrassing. That such measures of redress
under similar provocations committed by any of the powerful nations of
Europe would have been promptly resorted to by the United States can
not be doubted. The national honor and the preservation of the national
character throughout the world, as well as our own self-respect and the
protection due to our own citizens, would have rendered such a resort
indispensable. The history of no civilized nation in modern times has
presented within so brief a period so many wanton attacks upon the
honor of its flag and upon the property and persons of its citizens as
had at that time been borne by the United States from the Mexican
authorities and people. But Mexico was a sister republic on the North
American continent, occupying a territory contiguous to our own, and
was in a feeble and distracted condition, and these considerations, it is
presumed, induced Congress to forbear still longer.
Instead of taking redress into our own hands, a new negotiation was
entered upon with fair promises on the part of Mexico, but with the real
purpose, as the event has proved, of indefinitely postponing the repara-
tion which we demanded, and which was so justly due. This negotiation,
after more than a year's delay, resulted in the convention of the 11th
of April, 1839, "for the adjustment of claims of citizens of the United
States of America upon the Government of the Mexican Republic."
The joint board of commissioners created by this convention to examine
and decide upon these claims was not organized until the month of
August, 1840, and under the terms of the convention they were to ter-
minate their duties within eighteen months from that time. Four of the
eighteen months were consumed in preliminary discussions on frivolous
and dilatory points raised by the Mexican commissioners, and it was not
James K. Polk
2327
cases.
until the month of December, 1840, that they commenced the examina-
tion of the claims of our citizens upon Mexico. Fourteen months only
remained to examine and decide upon these numerous and complicated
In the month of February, 1842, the term of the commission
expired, leaving many claims undisposed of for want of time. The
claims which were allowed by the board and by the umpire authorized by
the convention to decide in case of disagreement between the Mexican
and American commissioners amounted to $2,026,139.68. There were
pending before the umpire when the commission expired additional
claims, which had been examined and awarded by the American com-
missioners and had not been allowed by the Mexican commissioners,
amounting to $928,627.88, upon which he did not decide, alleging that
his authority had ceased with the termination of the joint commission.
Besides these claims, there were others of American citizens amount-
ing to $3,336,837.05, which had been submitted to the board, and upon
which they had not time to decide before their final adjournment.
The sum of $2,026,139.68, which had been awarded to the claimants,
was a liquidated and ascertained debt due by Mexico, about which there
could be no dispute, and which she was bound to pay according to the
terms of the convention. Soon after the final awards for this amount
had been made the Mexican Government asked for a postponement of
the time of making payment, alleging that it would be inconvenient to
make the payment at the time stipulated. In the spirit of forbearing
kindness toward a sister republic, which Mexico has so long abused,
the United States promptly complied with her request. A second con-
vention was accordingly concluded between the two Governments on
the 30th of January, 1843, which upon its face declares that
this new
arrangement is entered into for the accommodation of Mexico." By the
terms of this convention all the interest due on the awards which had
been made in favor of the claimants under the convention of the 11th of
April, 1839, was to be paid to them on the 30th of April, 1843, and “the
principal of the said awards and the interest accruing thereon" was
stipulated to "be paid in five years, in equal installments every three
months.''
Notwithstanding this new convention was entered into at the
request of Mexico and for the purpose of relieving her from embarrass-
ment, the claimants have only received the interest due on the 30th of
April, 1843, and three of the twenty installments. Although the pay-
ment of the sum thus liquidated and confessedly due by Mexico to our
citizens as indemnity for acknowledged acts of outrage and wrong was
secured by treaty, the obligations of which are ever held sacred by all
just nations, yet Mexico has violated this solemn engagement by fail-
ing and refusing to make the payment. The two installments due in
April and July, 1844, under the peculiar circumstances connected with
them, have been assumed by the United States and discharged to the
claimants, but they are still due by Mexico. But this is not all of which
2328
Messages and Papers of the Presidents
we have just cause of complaint. To provide a remedy for the claim-
ants whose cases were not decided by the joint commission under the con-
vention of April 11, 1839, it was expressly stipulated by the sixth article
of the convention of the 30th of January, 1843, that—
A new convention shall be entered into for the settlement of all claims of the Gov-
ernment and citizens of the United States against the Republic of Mexico which
were not finally decided by the late commission which met in the city of Washing-
ton, and of all claims of the Government and citizens of Mexico against the United
States.
In conformity with this stipulation, a third convention was concluded
and signed at the city of Mexico on the 20th of November, 1843, by the
plenipotentiaries of the two Governments, by which provision was made
for ascertaining and paying these claims. In January, 1844, this con-
vention was ratified by the Senate of the United States with two amend-
ments, which were manifestly reasonable in their character. Upon a
reference of the amendments proposed to the Government of Mexico,
the same evasions, difficulties, and delays were interposed which have
so long marked the policy of that Government toward the United States.
It has not even yet decided whether it would or would not accede to
them, although the subject has been repeatedly pressed upon its consid-
eration. Mexico has thus violated a second time the faith of treaties
by failing or refusing to carry into effect the sixth article of the con-
vention of January, 1843.
Such is the history of the wrongs which we have suffered and patiently
endured from Mexico through a long series of years. So far from afford-
ing reasonable satisfaction for the injuries and insults we had borne, a
great aggravation of them consists in the fact that while the United
States, anxious to preserve a good understanding with Mexico, have
been constantly but vainly employed in seeking redress for past wrongs,
new outrages were constantly occurring, which have continued to increase
our causes of complaint and to swell the amount of our demands. While
the citizens of the United States were conducting a lawful commerce
with Mexico under the guaranty of a treaty of "amity, commerce, and
navigation,” many of them have suffered all the injuries which would
have resulted from open war. This treaty, instead of affording protec-
tion to our citizens, has been the means of inviting them into the ports
of Mexico that they might be, as they have been in numerous instances,
plundered of their property and deprived of their personal liberty if they
dared insist on their rights. Had the unlawful seizures of American
property and the violation of the personal liberty of our citizens, to say
nothing of the insults to our flag, which have occurred in the ports of
Mexico taken place on the high seas, they would themselves long since
have constituted a state of actual war between the two countries.
so long suffering Mexico to violate her most solemn treaty obligations,
plunder our citizens of their property, and imprison their persons without
In
James K. Polk
2329
affording them any redress we have failed to perform one of the first and
highest duties which every government owes to its citizens, and the
consequence has been that many of them have been reduced from a state
of affluence to bankruptcy. The proud name of American citizen, which
ought to protect all who bear it from insult and injury throughout the
world, has afforded no such protection to our citizens in Mexico. We
had ample cause of war against Mexico long before the breaking out of
hostilities; but even then we forbore to take redress into our own hands
until Mexico herself became the aggressor by invading our soil in hos-
tile array and shedding the blood of our citizens.
Such are the grave causes of complaint on the part of the United
States against Mexico-causes which existed long before the annexation
of Texas to the American Union; and yet, animated by the love of peace
and a magnanimous moderation, we did not adopt those measures of
redress which under such circumstances are the justified resort of injured
nations.
The annexation of Texas to the United States constituted no just
cause of offense to Mexico. The pretext that it did so is wholly incon-
sistent and irreconcilable with well-authenticated facts connected with
the revolution by which Texas became independent of Mexico.
this may be the more manifest, it may be proper to advert to the causes
and to the history of the principal events of that revolution.
Texas constituted a portion of the ancient Province of Louisiana, ceded
to the United States by France in the year 1803. In the year 1819
the United States, by the Florida treaty, ceded to Spain all that part of
Louisiana within the present limits of Texas, and Mexico, by the revo-
lution which separated her from Spain and rendered her an independent
nation, succeeded to the rights of the mother country over this territory.
In the year 1824 Mexico established a federal constitution, under which
the Mexican Republic was composed of a number of sovereign States
confederated together in a federal union similar to our own. Each of
these States had its own executive, legislature, and judiciary, and for
all except federal purposes was as independent of the General Govern-
ment and that of the other States as is Pennsylvania or Virginia under
our Constitution. Texas and Coahuila united and formed one of these
Mexican States. The State constitution which they adopted, and which
was approved by the Mexican Confederacy, asserted that they were "free
and independent of the other Mexican United States and of every other
power and dominion whatsoever," and proclaimed the great principle
of human liberty that "the sovereignty of the state resides originally
and essentially in the general mass of the individuals who compose it."
To the Government under this constitution, as well as to that under
the federal constitution, the people of Texas owed allegiance.
Emigrants from foreign countries, including the United States, were
invited by the colonization laws of the State and of the Federal Govern-
ment to settle in Texas. Advantageous terms were offered to induce
them to leave their own country and become Mexican citizens. This
2330
Messages and Papers of the Presidents
invitation was accepted by many of our citizens in the full faith that in
their new home they would be governed by laws enacted by representa-
tives elected by themselves, and that their lives, liberty, and property
would be protected by constitutional guaranties similar to those which
existed in the Republic they had left. Under a Government thus or-
ganized they continued until the year 1835, when a military revolution
broke out in the City of Mexico which entirely subverted the federal
and State constitutions and placed a military dictator at the head of the
Government. By a sweeping decree of a Congress subservient to the will
of the Dictator the several State constitutions were abolished and the
States themselves converted into mere departments of the central Gov-
ernment. The people of Texas were unwilling to submit to this usur-
pation. Resistance to such tyranny became a high duty. Texas was
fully absolved from all allegiance to the central Government of Mexico
from the moment that Government had abolished her State constitution
and in its place substituted an arbitrary and despotic central government.
Such were the principal causes of the Texan revolution. The people
of Texas at once determined upon resistance and flew to arms. In the
midst of these important and exciting events, however, they did not omit
to place their liberties upon a secure and permanent foundation. They
elected members to a convention, who in the month of March, 1836,
issued a formal declaration that their "political connection with the
Mexican nation has forever ended, and that the people of Texas do
now constitute a free, sovereign, and independent Republic, and are fully
invested with all the rights and attributes which properly belong to in-
dependent nations." They also adopted for their government a liberal
republican constitution. About the same time Santa Anna, then the
Dictator of Mexico, invaded Texas with a numerous army for the pur-
pose of subduing her people and enforcing obedience to his arbitrary
and despotic Government. On the 21st of April, 1836, he was met by
the Texan citizen soldiers, and on that day was achieved by them the
memorable victory of San Jacinto, by which they conquered their inde-
pendence. Considering the numbers engaged on the respective sides,
history does not record a more brilliant achievement. Santa Anna him-
self was among the captives.
In the month of May, 1836, Santa Anna acknowledged by a treaty
with the Texan authorities in the most solumn form "the full, entire,
and perfect independence of the Republic of Texas." It is true he was
then a prisoner of war, but it is equally true that he had failed to recon-
quer Texas, and had met with signal defeat; that his authority had
not been revoked, and that by virtue of this treaty he obtained his per-
sonal release. By it hostilities were suspended, and the army which
had invaded Texas under his command returned in pursuance of this
arrangement unmolested to Mexico.
From the day that the battle of San Jacinto was fought until the
James K. Polk
2331
present hour Mexico has never possessed the power to reconquer Texas.
In the language of the Secretary of State of the United States in a dis-
patch to our minister in Mexico under date of the 8th of July, 1842—
Mexico may have chosen to consider, and may still choose to consider, Texas as
having been at all times since 1835, and as still continuing, a rebellious province;
but the world has been obliged to take a very different view of the matter. From
the time of the battle of San Jacinto, in April, 1836, to the present moment, Texas has
exhibited the same external signs of national independence as Mexico herself, and
with quite as much stability of government. Practically free and independent,
acknowledged as a political sovereignty by the principal powers of the world, no
hostile foot finding rest within her territory for six or seven years, and Mexico her-
self refraining for all that period from any further attempt to reestablish her own
authority over that territory, it can not but be surprising to find Mr. De Bocanegra
[the secretary of foreign affairs of Mexico] complaining that for that whole period
citizens of the United States or its Government have been favoring the rebels of
Texas and supplying them with vessels, ammunition, and money, as if the war for
the reduction of the Province of Texas had been constantly prosecuted by Mexico,
and her success prevented by these influences from abroad.
In the same dispatch the Secretary of State affirms that—
Since 1837 the United States have regarded Texas as an independent sovereignty
as much as Mexico, and that trade and commerce with citizens of a government at
war with Mexico can not on that account be regarded as an intercourse by which
assistance and succor are given to Mexican rebels. The whole current of Mr. De
Bocanegra's remarks runs in the same direction, as if the independence of Texas had
not been acknowledged. It has been acknowledged; it was acknowledged in 1837
against the remonstrance and protest of Mexico, and most of the acts of any impor-
tance of which Mr. De Bocanegra complains flow necessarily from that recognition.
He speaks of Texas as still being "an integral part of the territory of the Mexican
Republic," but he can not but understand that the United States do not so regard it.
The real complaint of Mexico, therefore, is in substance neither more nor less than
a complaint against the recognition of Texan independence. It may be thought
rather late to repeat that complaint, and not quite just to confine it to the United
States to the exemption of England, France, and Belgium, unless the United States,
having been the first to acknowledge the independence of Mexico herself, are to be
blamed for setting an example for the recognition of that of Texas.
And he added that-
The Constitution, public treaties, and the laws oblige the President to regard
Texas as an independent state, and its territory as no part of the territory of Mexico.
Texas had been an independent state, with an organized government,
defying the power of Mexico to overthrow or reconquer her, for more
than ten years before Mexico commenced the present war against the
United States. Texas had given such evidence to the world of her
ability to maintain her separate existence as an independent nation that
she had been formally recognized as such not only by the United States,
but by several of the principal powers of Europe. These powers had en-
tered into treaties of amity, commerce, and navigation with her. They
had received and accredited her ministers and other diplomatic agents at
their respective courts, and they had commissioned ministers and diplo-
matic agents on their part to the Government of Texas. If Mexico,
2332
Messages and Papers of the Presidents
notwithstanding all this and her utter inability to subdue or recon-
quer Texas, still stubbornly refused to recognize her as an independent
nation, she was none the less so on that account. Mexico herself had
been recognized as an independent nation by the United States and by
other powers many years before Spain, of which before her revolution
she had been a colony, would agree to recognize her as such; and yet
Mexico was at that time in the estimation of the civilized world, and in
fact, none the less an independent power because Spain still claimed her
as a colony. If Spain had continued until the present period to assert
that Mexico was one of her colonies in rebellion against her, this would
not have made her so or changed the fact of her independent existence.
Texas at the period of her annexation to the United States bore the
same relation to Mexico that Mexico had borne to Spain for many years
before Spain acknowledged her independence, with this important dif-
ference, that before the annexation of Texas to the United States was
consummated Mexico herself, by a formal act of her Government, had
acknowledged the independence of Texas as a nation. It is true that
in the act of recognition she prescribed a condition which she had no
power or authority to impose-that Texas should not annex herself to
any other power-but this could not detract in any degree from the recog-
nition which Mexico then made of her actual independence. Upon this
plain statement of facts, it is absurd for Mexico to allege as a pretext
for commencing hostilities against the United States that Texas is still
a part of her territory.
But there are those who, conceding all this to be true, assume the
ground that the true western boundary of Texas is the Nueces instead
of the Rio Grande, and that therefore in marching our Army to the east
bank of the latter river we passed the Texan line and invaded the terri-
tory of Mexico. A simple statement of facts known to exist will conclu-
sively refute such an assumption. Texas, as ceded to the United States
by France in 1803, has been always claimed as extending west to the Rio
Grande or Rio Bravo. This fact is established by the authority of our
most eminent statesmen at a period when the question was as well, if not
better, understood than it is at present. During Mr. Jefferson's Admin-
istration Messrs. Monroe and Pinckney, who had been sent on a special
mission to Madrid, charged among other things with the adjustment of
boundary between the two countries, in a note addressed to the Span-
ish minister of foreign affairs under date of the 28th of January, 1805,
assert that the boundaries of Louisiana, as ceded to the United States by
France, "are the river Perdido on the east and the river Bravo on the
west," and they add that "the facts and principles which justify this
conclusion are so satisfactory to our Government as to convince it that
the United States have not a better right to the island of New Orleans'
under the cession referred to than they have to the whole district of
territory which is above described." Down to the conclusion of the
James K. Polk
2333
Florida treaty, in February, 1819, by which this territory was ceded to
Spain, the United States asserted and maintained their territorial rights
to this extent. In the month of June, 1818, during Mr. Monroe's Ad-
ministration, information having been received that a number of foreign
adventurers had landed at Galveston with the avowed purpose of form-
ing a settlement in that vicinity, a special messenger was dispatched by
the Government of the United States with instructions from the Secre-
tary of State to warn them to desist, should they be found there, "or
any other place north of the Rio Bravo, and within the territory claimed
by the United States." He was instructed, should they be found in the
country north of that river, to make known to them "the surprise with
which the President has seen possession thus taken, without authority
from the United States, of a place within their territorial limits, and
upon which no lawful settlement can be made without their sanction."
He was instructed to call upon them to "avow under what national
authority they profess to act," and to give them due warning "that the
place is within the United States, who will suffer no permanent settle-
ment to be made there under any authority other than their own.” As
late as the 8th of July, 1842, the Secretary of State of the United States,
in a note addressed to our minister in Mexico, maintains that by the
Florida treaty of 1819 the territory as far west as the Rio Grande was
confirmed to Spain. In that note he states that—
By the treaty of the 22d of February, 1819, between the United States and Spain,
the Sabine was adopted as the line of boundary between the two powers.
Up to
that period no considerable colonization had been effected in Texas; but the terri-
tory between the Sabine and the Rio Grande being confirmed to Spain by the treaty,
applications were made to that power for grants of land, and such grants or permis-
sions of settlement were in fact made by the Spanish authorities in favor of citizens
of the United States proposing to emigrate to Texas in numerous families before the
declaration of independence by Mexico.
The Texas which was ceded to Spain by the Florida treaty of 1819
embraced all the country now claimed by the State of Texas between the
Nueces and the Rio Grande. The Republic of Texas always claimed
this river as her western boundary, and in her treaty made with Santa
Anna in May, 1836, he recognized it as such. By the constitution which
Texas adopted in March, 1836, senatorial and representative districts.
were organized extending west of the Nueces. The Congress of Texas
on the 19th of December, 1836, passed "An act to define the boundaries
of the Republic of Texas," in which they declared the Rio Grande from
its mouth to its source to be their boundary, and by the said act they
extended their "civil and political jurisdiction" over the country up to
that boundary. During a period of more than nine years which inter-
vened between the adoption of her constitution and her annexation as
one of the States of our Union Texas asserted and exercised many acts
of sovereignty and jurisdiction over the territory and inhabitants west of
the Nueces. She organized and defined the limits of counties extend-
ing to the Rio Grande; she established courts of justice and extended
2334
Messages and Papers of the Presidents
her judicial system over the territory; she established a custom-house
and collected duties, and also post-offices and post-roads, in it; she estab-
lished a land office and issued numerous grants for land within its limits;
a senator and a representative residing in it were elected to the Con-
gress of the Republic and served as such before the act of annexation
took place. In both the Congress and convention of Texas which gave
their assent to the terms of annexation to the United States proposed by
our Congress were representatives residing west of the Nueces, who took
part in the act of annexation itself. This was the Texas which by the
act of our Congress of the 29th of December, 1845, was admitted as one
of the States of our Union. That the Congress of the United States
understood the State of Texas which they admitted into the Union to
extend beyond the Nueces is apparent from the fact that on the 31st of
December, 1845, only two days after the act of admission, they passed a
law "to establish a collection district in the State of Texas," by which
they created a port of delivery at Corpus Christi, situated west of the
Nueces, and being the same point at which the Texas custom-house.
under the laws of that Republic had been located, and directed that a
surveyor to collect the revenue should be appointed for that port by
the President, by and with the advice and consent of the Senate. A
surveyor was accordingly nominated, and confirmed by the Senate, and
has been ever since in the performance of his duties. All these acts of
the Republic of Texas and of our Congress preceded the orders for the
advance of our Army to the east bank of the Rio Grande. Subsequently
Congress passed an act "establishing certain post routes" extending
west of the Nueces. The country west of that river now constitutes
a part of one of the Congressional districts of Texas and is represented
in the House of Representatives. The Senators from that State were
chosen by a legislature in which the country west of that river was rep-
resented. In view of all these facts it is difficult to conceive upon what
ground it can be maintained that in occupying the country west of the
Nueces with our Army, with a view solely to its security and defense, we
invaded the territory of Mexico. But it would have been still more dif-
ficult to justify the Executive, whose duty it is to see that the laws
be faithfully executed, if in the face of all these proceedings, both of
the Congress of Texas and of the United States, he had assumed the
responsibility of yielding up the territory west of the Nueces to Mexico
or of refusing to protect and defend this territory and its inhabitants,
including Corpus Christi as well as the remainder of Texas, against the
threatened Mexican invasion.
But Mexico herself has never placed the war which she has waged
upon the ground that our Army occupied the intermediate territory be-
tween the Nueces and the Rio Grande. Her refuted pretension that
Texas was not in fact an independent state, but a rebellious province,
was obstinately persevered in, and her avowed purpose in commencing
James K. Polk
2335
a war with the United States was to reconquer Texas and to restore
Mexican authority over the whole territory-not to the Nueces only,
but to the Sabine. In view of the proclaimed menaces of Mexico to this
effect, I deemed it my duty, as a measure of precaution and defense, to
order our Army to occupy a position on our frontier as a military post,
from which our troops could best resist and repel any attempted inva-
sion which Mexico might make. Our Army had occupied a position at
Corpus Christi, west of the Nueces, as early as August, 1845, without
complaint from any quarter. Had the Nueces been regarded as the
true western boundary of Texas, that boundary had been passed by our
Army many months before it advanced to the eastern bank of the Rio
Grande. In my annual message of December last I informed Congress
that upon the invitation of both the Congress and convention of Texas I
had deemed it proper to order a strong squadron to the coasts of Mexico
and to concentrate an efficient military force on the western frontier of
Texas to protect and defend the inhabitants against the menaced inva-
sion of Mexico. In that message I informed Congress that the moment
the terms of annexation offered by the United States were accepted by
Texas the latter became so far a part of our own country as to make
it our duty to afford such protection and defense, and that for that pur-
pose our squadron had been ordered to the Gulf and our Army to take a
"position between the Nueces and the Del Norte" or Rio Grande and
to "repel any invasion of the Texan territory which might be attempted
by the Mexican forces.'
It was deemed proper to issue this order, because soon after the Presi-
dent of Texas, in April, 1845, had issued his proclamation convening the
Congress of that Republic for the purpose of submitting to that body
the terms of annexation proposed by the United States the Government
of Mexico made serious threats of invading the Texan territory. These
threats became more imposing as it became more apparent in the prog-
ress of the question that the people of Texas would decide in favor of
accepting the terms of annexation, and finally they had assumed such
a formidable character as induced both the Congress and convention of
Texas to request that a military force should be sent by the United States
into her territory for the purpose of protecting and defending her against
the threatened invasion. It would have been a violation of good faith
toward the people of Texas to have refused to afford the aid which they
desired against a threatened invasion to which they had been exposed.
by their free determination to annex themselves to our Union in compli-
ance with the overture made to them by the joint resolution of our Con-
gress. Accordingly, a portion of the Army was ordered to advance into
Texas. Corpus Christi was the position selected by General Taylor.
He encamped at that place in August, 1845, and the Army remained in
that position until the 11th of March, 1846, when it moved westward,
and on the 28th of that month reached the east bank of the Rio Grande
2336
Messages and Papers of the Presidents
opposite to Matamoras. This movement was made in pursuance of
orders from the War Department, issued on the 13th of January, 1846.
Before these orders were issued the dispatch of our minister in Mexico
transmitting the decision of the council of government of Mexico advis-
ing that he should not be received, and also the dispatch of our consul
residing in the City of Mexico, the former bearing date on the 17th and
the latter on the 18th of December, 1845, copies of both of which accom-
panied my message to Congress of the 11th of May last, were received
at the Department of State. These communications rendered it highly
probable, if not absolutely certain, that our minister would not be received
by the Government of General Herrera. It was also well known that
but little hope could be entertained of a different result from General
Paredes in case the revolutionary movement which he was prosecut-
ing should prove successful, as was highly probable. The partisans of
Paredes, as our minister in the dispatch referred to states, breathed the
fiercest hostility against the United States, denounced the proposed nego-
tiation as treason, and openly called upon the troops and the people to
put down the Government of Herrera by force. The reconquest of Texas
and war with the United States were openly threatened. These were
the circumstances existing when it was deemed proper to order the Army
under the command of General Taylor to advance to the western frontier
of Texas and occupy a position on or near the Rio Grande.
The apprehensions of a contemplated Mexican invasion have been
since fully justified by the event. The determination of Mexico to rush
into hostilities with the United States was afterwards manifested from
the whole tenor of the note of the Mexican minister of foreign affairs
to our minister bearing date on the 12th of March, 1846. Paredes had
then revolutionized the Government, and his minister, after referring to
the resolution for the annexation of Texas which had been adopted by
our Congress in March, 1845, proceeds to declare that-
A fact such as this, or, to speak with greater exactness, so notable an act of usur-
pation, created an imperious necessity that Mexico, for her own honor, should repel
it with proper firmness and dignity. The supreme Government had beforehand
declared that it would look upon such an act as a casus belli, and as a consequence
of this declaration negotiation was by its very nature at an end, and war was the only
recourse of the Mexican Government.
It appears also that on the 4th of April following General Paredes,
through his minister of war, issued orders to the Mexican general in
command on the Texan frontier to "attack" our Army "by every means
which war permits." To this General Paredes had been pledged to the
army and people of Mexico during the military revolution which had
brought him into power. On the 18th of April, 1846, General Paredes
addressed a letter to the commander on that frontier in which he stated
to him: "At the present date I suppose you, at the head of that valiant
army, either fighting already or preparing for the operations of a cam-
James K. Polk
2337
paign;" and, "Supposing you already on the theater of operations and
with all the forces assembled, it is indispensable that hostilities be com-
menced, yourself taking the initiative against the enemy."
The movement of our Army to the Rio Grande was made by the com-
manding general under positive orders to abstain from all aggressive acts
toward Mexico or Mexican citizens, and to regard the relations between
the two countries as peaceful unless Mexico should declare war or com-
mit acts of hostility indicative of a state of war, and these orders he
faithfully executed. Whilst occupying his position on the east bank of
the Rio Grande, within the limits of Texas, then recently admitted as
one of the States of our Union, the commanding general of the Mexican
forces, who, in pursuance of the orders of his Government, had collected
a large army on the opposite shore of the Rio Grande, crossed the river,
invaded our territory, and commenced hostilities by attacking our forces.
Thus, after all the injuries which we had received and borne from Mex-
ico, and after she had insultingly rejected a minister sent to her on a
mission of peace, and whom she had solemnly agreed to receive, she con-
summated her long course of outrage against our country by commencing
an offensive war and shedding the blood of our citizens on our own soil.
The United States never attempted to acquire Texas by conquest. On
the contrary, at an early period after the people of Texas had achieved.
their independence they sought to be annexed to the United States. At
a general election in September, 1836, they decided with great unanimity
in favor of "annexation," and in November following the Congress of the
Republic authorized the appointment of a minister to bear their request
to this Government. This Government, however, having remained neu-
tral between Texas and Mexico during the war between them, and con-
sidering it due to the honor of our country and our fair fame among the
nations of the earth that we should not at this early period consent to
annexation, nor until it should be manifest to the whole world that the
reconquest of Texas by Mexico was impossible, refused to accede to
the overtures made by Texas. On the 12th of April, 1844, after more
than seven years had elapsed since Texas had established her independ-
ence, a treaty was concluded for the annexation of that Republic to the
United States, which was rejected by the Senate. Finally, on the 1st of
March, 1845, Congress passed a joint resolution for annexing her to the
United States upon certain preliminary conditions to which her assent
was required. The solemnities which characterized the deliberations and
conduct of the Governinent and people of Texas on the deeply interest-
ing questions presented by these resolutions are known to the world.
The Congress, the Executive, and the people of Texas, in a convention
elected for that purpose, accepted with great unanimity the proposed
terms of annexation, and thus consummated on her part the great act of
restoring to our Federal Union a vast territory which had been ceded to
Spain by the Florida treaty more than a quarter of a century before.
2338
Messages and Papers of the Presidents
After the joint resolution for the annexation of Texas to the United
States had been passed by our Congress the Mexican minister at Wash-
ington addressed a note to the Secretary of State, bearing date on the 6th
of March, 1845, protesting against it as "an act of aggression the most
unjust which can be found recorded in the annals of modern history,
namely, that of despoiling a friendly nation like Mexico of a consider-
able portion of her territory," and protesting against the resolution of
annexation as being an act "whereby the Province of Texas, an inte-
gral portion of the Mexican territory, is agreed and admitted into the
American Union;" and he announced that as a consequence his mission
to the United States had terminated, and demanded his passports, which
were granted. It was upon the absurd pretext, made by Mexico (her-
self indebted for her independence to a successful revolution), that the
Republic of Texas still continued to be, notwithstanding all that had
passed, a Province of Mexico that this step was taken by the Mexican
minister.
Every honorable effort has been used by me to avoid the war which
followed, but all have proved vain. All our attempts to preserve peace
have been met by insult and resistance on the part of Mexico. My
efforts to this end commenced in the note of the Secretary of State
of the 10th of March, 1845, in answer to that of the Mexican minis-
ter. Whilst declining to reopen a discussion which had already been
exhausted, and proving again what was known to the whole world, that
Texas had long since achieved her independence, the Secretary of State
expressed the regret of this Government that Mexico should have taken
offense at the resolution of annexation passed by Congress, and gave
assurance that our "most strenuous efforts shall be devoted to the ami-
cable adjustment of every cause of complaint between the two Govern-
ments and to the cultivation of the kindest and most friendly relations
between the sister Republics." That I have acted in the spirit of this
assurance will appear from the events which have since occurred. Not-
withstanding Mexico had abruptly terminated all diplomatic intercourse
with the United States, and ought, therefore, to have been the first to
ask for its resumption, yet, waiving all ceremony, I embraced the earli-
est favorable opportunity "to ascertain from the Mexican Government
whether they would receive an envoy from the United States intrusted
with full power to adjust all the questions in dispute between the two
Governments." In September, 1845, I believed the propitious moment
for such an overture had arrived. Texas, by the enthusiastic and almost
unanimous will of her people, had pronounced in favor of annexation.
Mexico herself had agreed to acknowledge the independence of Texas,
subject to a condition, it is true, which she had no right to impose and
no power to enforce. The last lingering hope of Mexico, if she still
could have retained any, that Texas would ever again become one of her
Provinces, must have been abandoned.
James K. Polk
2339
The consul of the United States at the City of Mexico was therefore
instructed by the Secretary of State on the 15th of September, 1845, to
make the inquiry of the Mexican Government. The inquiry was made,
and on the 15th of October, 1845, the minister of foreign affairs of the
Mexican Government, in a note addressed to our consul, gave a favorable
response, requesting at the same time that our naval force might be with-
drawn from Vera Cruz while negotiations should be pending. Upon the
receipt of this note our naval force was promptly withdrawn from Vera
Cruz. A minister was immediately appointed, and departed to Mexico.
Everything bore a promising aspect for a speedy and peaceful adjustment
of all our difficulties. At the date of my annual message to Congress in
December last no doubt was entertained but that he would be received
by the Mexican Government, and the hope was cherished that all cause of
misunderstanding between the two countries would be speedily removed.
In the confident hope that such would be the result of his mission, I
informed Congress that I forbore at that time to recommend such
ulterior measures of redress for the wrongs and injuries we had so long
borne as it would have been proper to make had no such negotiation
been instituted." To my surprise and regret the Mexican Government,
though solemnly pledged to do so, upon the arrival of our minister in
Mexico refused to receive and accredit him. When he reached Vera
Cruz, on the 30th of November, 1845, he found that the aspect of affairs
had undergone an unhappy change. The Government of General Her-
rera, who was at that time President of the Republic, was tottering to its
fall. General Paredes, a military leader, had manifested his determina-
tion to overthrow the Government of Herrera by a military revolution,
and one of the principal means which he employed to effect his pur-
pose and render the Government of Herrera odious to the army and
people of Mexico was by loudly condemning its determination to receive
a minister of peace from the United States, alleging that it was the inten-
tion of Herrera, by a treaty with the United States, to dismember the
territory of Mexico by ceding away the department of Texas. The Gov-
ernment of Herrera is believed to have been well disposed to a pacific
adjustment of existing difficulties, but probably alarmed for its own
security, and in order to ward off the danger of the revolution led by
Paredes, violated its solemn agreement and refused to receive or accredit
our minister; and this although informed that he had been invested with
full power to adjust all questions in dispute between the two Govern-
ments. Among the frivolous pretexts for this refusal, the principal one
was that our minister had not gone upon a special mission confined to
the question of Texas alone, leaving all the outrages upon our flag and
our citizens unredressed. The Mexican Government well knew that
both our national honor and the protection due to our citizens impera-
tively required that the two questions of boundary and indemnity should
be treated of together, as naturally and inseparably blended, and they
2340
Messages and Papers of the Presidents
ought to have seen that this course was best calculated to enable the
United States to extend to them the most liberal justice. On the 30th
of December, 1845, General Herrera resigned the Presidency and yielded
up the Government to General Paredes without a struggle. Thus a rev-
olution was accomplished solely by the army commanded by Paredes,
and the supreme power in Mexico passed into the hands of a military
usurper who was known to be bitterly hostile to the United States.
Although the prospect of a pacific adjustment with the new Govern-
ment was unpromising from the known hostility of its head to the United
States, yet, determined that nothing should be left undone on our part
to restore friendly relations between the two countries, our minister was
instructed to present his credentials to the new Government and ask to
be accredited by it in the diplomatic character in which he had been
commissioned. These instructions he executed by his note of the 1st of
March, 1846, addressed to the Mexican minister of foreign affairs, but
his request was insultingly refused by that minister in his answer of the
12th of the same month. No alternative remained for our minister but
to demand his passports and return to the United States.
Thus was the extraordinary spectacle presented to the civilized world
of a Government, in violation of its own express agreement, having
twice rejected a minister of peace invested with full powers to adjust all
the existing differences between the two countries in a manner just and
honorable to both. I am not aware that modern history presents a par-
allel case in which in time of peace one nation has refused even to hear
propositions from another for terminating existing difficulties between
them. Scarcely a hope of adjusting our difficulties, even at a remote
day, or of preserving peace with Mexico, could be cherished while Paredes
remained at the head of the Government. He had acquired the supreme
power by a military revolution and upon the most solemn pledges to
wage war against the United States and to reconquer Texas, which he
claimed as a revolted province of Mexico. He had denounced as guilty
of treason all those Mexicans who considered Texas as no longer constitut-
ing a part of the territory of Mexico and who were friendly to the cause
of peace. The duration of the war which he waged against the United
States was indefinite, because the end which he proposed of the recon-
quest of Texas was hopeless. Besides, there was good reason to believe
from all his conduct that it was his intention to convert the Republic of
Mexico into a monarchy and to call a foreign European prince to the
throne. Preparatory to this end, he had during his short rule destroyed
the liberty of the press, tolerating that portion of it only which openly
advocated the establishment of a monarchy. The better to secure the
success of his ultimate designs, he had by an arbitrary decree convoked
a Congress, not to be elected by the free voice of the people, but to be
chosen in a manner to make them subservient to his will and to give
him absolute control over their deliberations.
James K. Polk
2341
Under all these circumstances it was believed that any revolution in
Mexico founded upon opposition to the ambitious projects of Paredes.
would tend to promote the cause of peace as well as prevent any at-
tempted European interference in the affairs of the North American con-
tinent, both objects of deep interest to the United States. Any such
foreign interference, if attempted, must have been resisted by the United
States. My views upon that subject were fully communicated to Con-
gress in my last annual message. In any event, it was certain that no
change whatever in the Government of Mexico which would deprive
Paredes of power could be for the worse so far as the United States were
concerned, while it was highly probable that any change must be for the
better. This was the state of affairs existing when Congress, on the
13th of May last, recognized the existence of the war which had been
commenced by the Government of Paredes; and it became an object of
much importance, with a view to a speedy settlement of our difficulties
and the restoration of an honorable peace, that Paredes should not retain
power in Mexico.
Before that time there were symptoms of a revolution in Mexico,
favored, as it was understood to be, by the more liberal party, and espe-
cially by those who were opposed to foreign interference and to the
monarchical form of government. Santa Anna was then in exile in
Havana, having been expelled from power and banished from his country
by a revolution which occurred in December, 1844; but it was known
that he had still a considerable party in his favor in Mexico.
It was
also equally well known that no vigilance which could be exerted by our
squadron would in all probability have prevented him from effecting a
landing somewhere on the extensive Gulf coast of Mexico if he desired
to return to his country. He had openly professed an entire change of
policy, had expressed his regret that he had subverted the federal con-
stitution of 1824, and avowed that he was now in favor of its restoration.
He had publicly declared his hostility, in strongest terms, to the estab-
lishment of a monarchy and to European interference in the affairs of
his country. Information to this effect had been received, from sources
believed to be reliable, at the date of the recognition of the existence of
the war by Congress, and was afterwards fully confirmed by the receip
of the dispatch of our consul in the City of Mexico, with the accom-
panying documents, which are herewith transmitted. Besides, it was
reasonable to suppose that he must see the ruinous consequences to
Mexico of a war with the United States, and that it would be his interest
to favor peace.
It was under these circumstances and upon these considerations that
it was deemed expedient not to obstruct his return to Mexico should he
attempt to do so. Our object was the restoration of peace, and, with
that view, no reason was perceived why we should take part with Paredes
and aid him by means of our blockade in preventing the return of his
2342
Messages and Papers of the Presidents
rival to Mexico. On the contrary, it was believed that the intestine
divisions which ordinary sagacity could not but anticipate as the fruit
of Santa Anna's return to Mexico, and his contest with Paredes, might
strongly tend to produce a disposition with both parties to restore and
preserve peace with the United States. Paredes was a soldier by profes-
sion and a monarchist in principle. He had but recently before been
successful in a military revolution, by which he had obtained power.
He was the sworn enemy of the United States, with which he had
involved his country in the existing war. Santa Anna had been expelled
from power by the army, was known to be in open hostility to Paredes,
and publicly pledged against foreign intervention and the restoration of
monarchy in Mexico. In view of these facts and circumstances it was
that when orders were issued to the commander of our naval forces in
the Gulf, on the 13th day of May last, the same day on which the exist-
ence of the war was recognized by Congress, to place the coasts of Mex-
ico under blockade, he was directed not to obstruct the passage of Santa
Anna to Mexico should he attempt to return.
A revolution took place in Mexico in the early part of August follow-
ing, by which the power of Paredes was overthrown, and he has since
been banished from the country, and is now in exile. Shortly afterwards
Santa Anna returned. It remains to be seen whether his return may not
yet prove to be favorable to a pacific adjustment of the existing difficul-
ties, it being manifestly his interest not to persevere in the prosecution
of a war commenced by Paredes to accomplish a purpose so absurd as the
reconquest of Texas to the Sabine. Had Paredes remained in power, it
is morally certain that any pacific adjustment would have been hopeless.
Upon the commencement of hostilities by Mexico against the United
States the indignant spirit of the nation was at once aroused. Congress
promptly responded to the expectations of the country, and by the act of
the 13th of May last recognized the fact that war existed, by the act
of Mexico, between the United States and that Republic, and granted the
means necessary for its vigorous prosecution. Being involved in a war
thus commenced by Mexico, and for the justice of which on our part we
may confidently appeal to the whole world, I resolved to prosecute it with
the utmost vigor. Accordingly the ports of Mexico on the Gulf and
on the Pacific have been placed under blockade and her territory invaded
at several important points. The reports from the Departments of War
and of the Navy will inform you more in detail of the measures adopted
in the emergency in which our country was placed and of the gratifying
results which have been accomplished.
The various columns of the Army have performed their duty under
great disadvantages with the most distinguished skill and courage. The
victories of Palo Alto and Resaca de la Palma and of Monterey, won
against greatly superior numbers and against most decided advantages
in other respects on the part of the enemy, were brilliant in their execu-
James K. Polk
2343
tion, and entitle our brave officers and soldiers to the grateful thanks of
their country. The nation deplores the loss of the brave officers and
men who have gallantly fallen while vindicating and defending their
country's rights and honor.
It is a subject of pride and satisfaction that our volunteer citizen
soldiers, who so promptly responded to their country's call, with an
experience of the discipline of a camp of only a few weeks, have borne
their part in the hard-fought battle of Monterey with a constancy and
courage equal to that of veteran troops and worthy of the highest admi-
ration. The privations of long marches through the enemy's country
and through a wilderness have been borne without a murmur. By rapid
movements the Province of New Mexico, with Santa Fe, its capital,
has been captured without bloodshed. The Navy has cooperated with
the Army and rendered important services; if not so brilliant, it is be-
cause the enemy had no force to meet them on their own element and
because of the defenses which nature has interposed in the difficulties
of the navigation on the Mexican coast. Our squadron in the Pacific,
with the cooperation of a gallant officer of the Army and a small force
hastily collected in that distant country, has acquired bloodless posses-
sion of the Californias, and the American flag has been raised at every
important point in that Province.
I congratulate you on the success which has thus attended our mili-
tary and naval operations. In less than seven months after Mexico
commenced hostilities, at a time selected by herself, we have taken
possession of many of her principal ports, driven back and pursued her
invading army, and acquired military possession of the Mexican Prov-
inces of New Mexico, New Leon, Coahuila, Tamaulipas, and the Cali-
fornias, a territory larger in extent than that embraced in the original
thirteen States of the Union, inhabited by a considerable population, and
much of it more than 1,000 miles from the points at which we had to
collect our forces and commence our movements. By the blockade the
import and export trade of the enemy has been cut off. Well may the
American people be proud of the energy and gallantry of our regula
and volunteer officers and soldiers. The events of these few months
afford a gratifying proof that our country can under any emergency con-
fidently rely for the maintenance of her honor and the defense of her
rights on an effective force, ready at all times voluntarily to relinquish
the comforts of home for the perils and privations of the camp. And
though such a force may be for the time expensive, it is in the end eco-
nomical, as the ability to command it removes the necessity of employ-
ing a large standing army in time of peace, and proves that our people
love their institutions and are ever ready to defend and protect them.
While the war was in a course of vigorous and successful prosecution,
being still anxious to arrest its evils, and considering that after the bril-
liant victories of our arms on the 8th and 9th of May last the national
2344
Messages and Papers of the Presidents
honor could not be compromitted by it, another overture was made to
Mexico, by my direction, on the 27th of July last to terminate hostilities.
by a peace just and honorable to both countries. On the 31st of August
following the Mexican Government declined to accept this friendly over-
ture, but referred it to the decision of a Mexican Congress to be assem-
bled in the early part of the present month. I communicate to you
herewith a copy of the letter of the Secretary of State proposing to
reopen negotiations, of the answer of the Mexican Government, and of
the reply thereto of the Secretary of State.
The war will continue to be prosecuted with vigor as the best means
of securing peace. It is hoped that the decision of the Mexican Congress,
to which our last overture has been referred, may result in a speedy and
honorable peace.
With our experience, however, of the unreasonable
course of the Mexican authorities, it is the part of wisdom not to relax
in the energy of our military operations until the result is made known.
In this view it is deemed important to hold military possession of all the
Provinces which have been taken until a definitive treaty of peace shall
have been concluded and ratified by the two countries.
The war has not been waged with a view to conquest, but, having
been commenced by Mexico, it has been carried into the enemy's country
and will be vigorously prosecuted there with a view to obtain an honor-
able peace, and thereby secure ample indemnity for the expenses of the
war, as well as to our much-injured citizens, who hold large pecuniary
demands against Mexico.
By the laws of nations a conquered country is subject to be governed
by the conqueror during his military possession and until there is either
a treaty of peace or he shall voluntarily withdraw from it. The old civil
government being necessarily superseded, it is the right and duty of the
conqueror to secure his conquest and to provide for the maintenance of
civil order and the rights of the inhabitants. This right has been exer-
cised and this duty performed by our military and naval commanders by
the establishment of temporary governments in some of the conquered
Provinces of Mexico, assimilating them as far as practicable to the free
institutions of our own country. In the Provinces of New Mexico and
of the Californias little, if any, further resistance is apprehended from
the inhabitants to the temporary governments which have thus, from the
necessity of the case and according to the laws of war, been established.
It may be proper to provide for the security of these important conquests
by making an adequate appropriation for the purpose of erecting forti-
fications and defraying the expenses necessarily incident to the mainte-
nance of our possession and authority over them.
Near the close of your last session, for reasons communicated to Con-
gress, I deemed it important as a measure for securing a speedy peace
with Mexico, that a sum of money should be appropriated and placed in
the power of the Executive, similar to that which had been made upon
two former occasions during the Administration of President Jefferson.
On the 26th of February, 1803, an appropriation of $2,000,000 was
James K. Polk
2345
made and placed at the disposal of the President. Its object is well
known. It was at that time in contemplation to acquire Louisiana from
France, and it was intended to be applied as a part of the consideration
which might be paid for that territory. On the 13th of February, 1806,
the same sum was in like manner appropriated, with a view to the pur-
chase of the Floridas from Spain. These appropriations were made to
facilitate negotiations and as a means to enable the President to accom-
plish the important objects in view. Though it did not become neces-
sary for the President to use these appropriations, yet a state of things
might have arisen in which it would have been highly important for him
to do so, and the wisdom of making them can not be doubted. It is
believed that the measure recommended at your last session met with
the approbation of decided majorities in both Houses of Congress.
Indeed, in different forms, a bill making an appropriation of $2,000,000
passed each House, and it is much to be regretted that it did not become
a law. The reasons which induced me to recommend the measure at
that time still exist, and I again submit the subject for your considera-
tion and suggest the importance of early action upon it. Should the
appropriation be made and be not needed, it will remain in the Treas-
ury; should it be deemed proper to apply it in whole or in part, it will be
accounted for as other public expenditures.
Immediately after Congress had recognized the existence of the war
with Mexico my attention was directed to the danger that privateers
might be fitted out in the ports of Cuba and Porto Rico to prey upon
the commerce of the United States, and I invited the special attention
of the Spanish Government to the fourteenth article of our treaty with
that power of the 27th of October, 1795, under which the citizens and
subjects of either nation who shall take commissions or letters of marque
to act as privateers against the other "shall be punished as pirates.”
It affords me pleasure to inform you that I have received assurances
from the Spanish Government that this article of the treaty shall be
faithfully observed on its part. Orders for this purpose were immedi-
ately transmitted from that Government to the authorities of Cuba and
Porto Rico to exert their utmost vigilance in preventing any attempts to
fit out privateers in those islands against the United States. From the
good faith of Spain I am fully satisfied that this treaty will be executed
in its spirit as well as its letter, whilst the United States will on their
part faithfully perform all the obligations which it imposes on them.
Information has been recently received at the Department of State
that the Mexican Government has sent to Havana blank commissions
to privateers and blank certificates of naturalization signed by General
Salas, the present head of the Mexican Government. There is also
reason to apprehend that similar documents have been transmitted to
other parts of the world. Copies of these papers, in translation, are
herewith transmitted.
76
2346
Messages and Papers of the Presidents
As the preliminaries required by the practice of civilized nations for
commissioning privateers and regulating their conduct appear not to
have been observed, and as these commissions are in blank, to be filled
up with the names of citizens and subjects of all nations who may be
willing to purchase them, the whole proceeding can only be construed
as an invitation to all the freebooters upon earth who are willing to pay
for the privilege to cruise against American commerce.
It will be for
our courts of justice to decide whether under such circumstances these
Mexican letters of marque and reprisal shall protect those who accept
them, and commit robberies upon the high seas under their authority,
from the pains and penalties of piracy.
If the certificates of naturalization thus granted be intended by Mexico
to shield Spanish subjects from the guilt and punishment of pirates under
our treaty with Spain, they will certainly prove unavailing. Such a sub-
terfuge would be but a weak device to defeat the provisions of a solemn
treaty.
I recommend that Congress should immediately provide by law for the
trial and punishment as pirates of Spanish subjects who, escaping the vigi-
lance of their Government, shall be found guilty of privateering against
the United States. I do not apprehend serious danger from these priva-
teers. Our Navy will be constantly on the alert to protect our commerce.
Besides, in case prizes should be made of American vessels, the utmost
vigilance will be exerted by our blockading squadron to prevent the cap-
tors from taking them into Mexican ports, and it is not apprehended
that any nation will violate its neutrality by suffering such prizes to be
condemned and sold within its jurisdiction.
I recommend that Congress should immediately provide by law for
granting letters of marque and reprisal against vessels under the Mexi-
can flag. It is true that there are but few, if any, commercial vessels of
Mexico upon the high seas, and it is therefore not probable that many
American privateers would be fitted out in case a law should pass author-
izing this mode of warfare. It is, notwithstanding, certain that such
privateers may render good service to the commercial interests of the
country by recapturing our merchant ships should any be taken by
armed vessels under the Mexican flag, as well as by capturing these ves-
sels themselves. Every means within our power should be rendered
available for the protection of our commerce.
The annual report of the Secretary of the Treasury will exhibit a
detailed statement of the condition of the finances. The imports for
the fiscal year ending on the 30th of June last were of the value of
$121,691,797, of which the amount exported was $11,346,623, leaving
the amount retained in the country for domestic consumption $110,345,-
174. The value of the exports for the same period was $113,488,516, of
which $102,141,893 consisted of domestic productions and $11,346,623
of foreign articles.
James K. Polk
2347
The receipts into the Treasury for the same year were $29,499, 247.06,
of which there was derived from customs $26,712,667.87, from the sales
of public lands $2,694,452.48, and from incidental and miscellaneous
sources $92,126.71. The expenditures for the same period were $28,-
031,114.20, and the balance in the Treasury on the 1st day of July last
was $9,126,439.08.
The amount of the public debt, including Treasury notes, on the 1st of
the present month was $24,256,494.60, of which the sum of $17,788,-
799.62 was outstanding on the 4th of March, 1845, leaving the amount
incurred since that time $6,467,694.98.
In order to prosecute the war with Mexico with vigor and energy, as
the best means of bringing it to a speedy and honorable termination, a
further loan will be necessary to meet the expenditures for the present
and the next fiscal year. If the war should be continued until the 30th
of June, 1848, being the end of the next fiscal year, it is estimated that
an additional loan of $23,000,000 will be required. This estimate is
made upon the assumption that it will be necessary to retain constantly
in the Treasury $4,000,000 to guard against contingencies. If such
surplus were not required to be retained, then a loan of $19,000,000
would be sufficient. If, however, Congress should at the present session
impose a revenue duty on the principal articles now embraced in the free
list, it is estinated that an additional annual revenue of about two mil-
lions and a half, amounting, it is estimated, on the 30th of June, 1848, to
$4,000,000, would be derived from that source, and the loan required
would be reduced by that amount. It is estimated also that should Con-
gress graduate and reduce the price of such of the public lands as have
been long in the market the additional revenue derived from that source
would be annually, for several years to come, between half a million and
a million dollars; and the loan required may be reduced by that amount
also. Should these measures be adopted, the loan required would not
probably exceed $18,000,000 or $19,000,000, leaving in the Treasury a
constant surplus of $4,000,000. The loan proposed, it is estimated, will
be sufficient to cover the necessary expenditures both for the war and
for all other purposes up to the 30th of June, 1848, and an amount of
this loan not exceeding one-half may be required during the present fiscal
year, and the greater part of the remainder during the first half of the
fiscal year succeeding.
In order that timely notice may be given and proper measures taken to
effect the loan, or such portion of it as may be required, it is important
that the authority of Congress to make it be given at an early period of
your present session. It is suggested that the loan should be contracted
for a period of twen years, with authority to purchase the stock and
pay it off at an earli r period at its market value out of any surplus
which may at any time be in the Treasury applicable to that purpose.
After the establishment of peace with Mexico, it is supposed that a con-
siderable surplus will exist, and that the debt may be extinguished in
a much shorter period than that for which it may be contracted. The
2348
Messages and Papers of the Presidents
period of twenty years, as that for which the proposed loan may be con-
tracted, in preference to a shorter period, is suggested, because all expe-
rience, both at home and abroad, has shown that loans are effected upon
much better terms upon long time than when they are reimbursable at
short dates.
Necessary as this measure is to sustain the honor and the interests
of the country engaged in a foreign war, it is not doubted but that Con-
gress will promptly authorize it.
The balance in the Treasury on the 1st July last exceeded $9,000,000,
notwithstanding considerable expenditures had been made for the war
during the months of May and June preceding. But for the war the
whole public debt could and would have been extinguished within a
short period; and it was a part of my settled policy to do so, and thus
relieve the people from its burden and place the Government in a posi-
tion which would enable it to reduce the public expenditures to that
economical standard which is most consistent with the general welfare
and the pure and wholesome progress of our institutions.
Among our just causes of complaint against Mexico arising out of her
refusal to treat for peace, as well before as since the war so unjustly
commenced on her part, are the extraordinary expenditures in which we
have been involved. Justice to our own people will make it proper that
Mexico should be held responsible for these expenditures.
Economy in the public expenditures is at all times a high duty which
all public functionaries of the Government owe to the people. This
duty becomes the more imperative in a period of war, when large and
extraordinary expenditures become unavoidable. During the existence
of the war with Mexico all our resources should be husbanded, and no
appropriations made except such as are absolutely necessary for its vigor-
ous prosecution and the due administration of the Government. Objects
of appropriation which in peace may be deemed useful or proper, but
which are not indispensable for the public service, may when the coun-
try is engaged in a foreign war be well postponed to a future period.
By the observance of this policy at your present session large amounts
may be saved to the Treasury and be applied to objects of pressing and
urgent necessity, and thus the creation of a corresponding amount of
public debt may be avoided.
It is not meant to recommend that the ordinary and necessary appro-
priations for the support of Government should be withheld; but it is
well known that at every session of Congress appropriations are pro-
posed for numerous objects which may or may not be made without
materially affecting the public interests, and these it is recommended
should not be granted.
糞
​The act passed at your last session "reducing the duties on imports"
not having gone into operation until the 1st of the present month, there
has not been time for its practical effect upon the revenue and the busi-
James K. Polk
2349
ness of the country to be developed. It is not doubted, however, that
the just policy which it adopts will add largely to our foreign trade and
promote the general prosperity. Although it can not be certainly fore-
seen what amount of revenue it will yield, it is estimated that it will
exceed that produced by the act of 1842, which it superseded. The lead-
ing principles established by it are to levy the taxes with a view to raise
revenue and to impose them upon the articles imported according to
their actual value.
The act of 1842, by the excessive rates of duty which it imposed on
many articles, either totally excluded them from importation or greatly
reduced the amount imported, and thus diminished instead of producing
revenue. By it the taxes were imposed not for the legitimate purpose
of raising revenue, but to afford advantages to favored classes at the
expense of a large majority of their fellow-citizens. Those employed
in agriculture, mechanical pursuits, commerce, and navigation were com-
pelled to contribute from their substance to swell the profits and over-
grown wealth of the comparatively few who had invested their capital
in manufactures. The taxes were not levied in proportion to the value
of the articles upon which they were imposed, but, widely departing
from this just rule, the lighter taxes were in many cases levied upon
articles of luxury and high price and the heavier taxes on those of
necessity and low price, consumed by the great mass of the people. It
was a system the inevitable effect of which was to relieve favored classes
and the wealthy few from contributing their just proportion for the sup-
port of Government, and to lay the burden on the labor of the many
engaged in other pursuits than manufactures.
A system so unequal and unjust has been superseded by the exist-
ing law, which imposes duties not for the benefit or injury of classes or
pursuits, but distributes and, as far as practicable, equalizes the public
burdens among all classes and occupations. The favored classes who
under the unequal and unjust system which has been repealed have here-
tofore realized large profits, and many of them amassed large fortunes
at the expense of the many who have been made tributary to them, will
have no reason to complain if they shall be required to bear their just
proportion of the taxes necessary for the support of Government. So far
from it, it will be perceived by an examination of the existing law that
discriminations in the rates of duty imposed within the revenue principle
have been retained in their favor. The incidental aid against foreign
competition which they still enjoy gives them an advantage which no
other pursuits possess, but of this none others will complain, because
the duties levied are necessary for revenue. These revenue duties,
including freights and charges, which the importer must pay before he
can come in competition with the home manufacturer in our markets,
amount on nearly all our leading branches of manufacture to more
than one-third of the value of the imported article, and in some cases to
2350
Messages and Papers of the Presidents
almost one-half its value. With such advantages it is not doubted that
our domestic manufacturers will continue to prosper, realizing in well-
conducted establishments even greater profits than can be derived from
any other regular business. Indeed, so far from requiring the protection
of even incidental revenue duties, our manufacturers in several leading
branches are extending their business, giving evidence of great inge-
nuity and skill and of their ability to compete, with increased prospect
of success, for the open market of the world. Domestic manufactures
to the value of several millions of dollars, which can not find a market at
home, are annually exported to foreign countries. With such rates of
duty as those established by the existing law the system will probably
be permanent, and capitalists who are made or shall hereafter make their
investments in manufactures will know upon what to rely. The coun-
try will be satisfied with these rates, because the advantages which the
manufacturers still enjoy result necessarily from the collection of reve-
nue for the support of Government. High protective duties, from their
unjust operation upon the masses of the people, can not fail to give rise
to extensive dissatisfaction and complaint and to constant efforts to
change or repeal them, rendering all investments in manufactures uncer-
tain and precarious. Lower and more permanent rates of duty, at the
same time that they will yield to the manufacturer fair and remunerat-
ing profits, will secure him against the danger of frequent changes in
the system, which can not fail to ruinously affect his interests.
Simultaneously with the relaxation of the restrictive policy by the
United States, Great Britain, from whose example we derived the sys-
tem, has relaxed hers. She has modified her corn laws and reduced
many other duties to moderate revenue rates. After ages of experience
the statesmen of that country have been constrained by a stern necessity
and by a public opinion having its deep foundation in the sufferings and
wants of impoverished millions to abandon a system the effect of which
was to build up immense fortunes in the hands of the few and to reduce
the laboring millions to pauperism and misery. Nearly in the same ratio
that labor was depressed capital was increased and concentrated by the
British protective policy.
The evils of the system in Great Britain were at length rendered intol-
erable, and it has been abandoned, but not without a severe struggle on
the part of the protected and favored classes to retain the unjust advan-
tages which they have so long enjoyed. It was to be expected that a
similar struggle would be made by the same classes in the United States
whenever an attempt was made to modify or abolish the same unjust
system here. The protective policy had been in operation in the United
States for a much shorter period, and its pernicious effects were not,
therefore, so clearly perceived and felt. Enough, however, was known
of these effects to induce its repeal.
It would be strange if in the face of the example of Great Britain,
James K. Polk
2351
our principal foreign customer, and of the evils of a system rendered
manifest in that country by long and painful experience, and in the face
of the immense advantages which under a more liberal commercial policy
we are already deriving, and must continue to derive, by supplying her
starving population with food, the United States should restore a policy
which she has been compelled to abandon, and thus diminish her ability
to purchase from us the food and other articles which she so much needs
and we so much desire to sell. By the simultaneous abandonment of the
protective policy by Great Britain and the United States new and impor-
tant markets have already been opened for our agricultural and other
products, commerce and navigation have received a new impulse, labor
and trade have been released from the artificial trammels which have so
long fettered them, and to a great extent reciprocity in the exchange of
commodities has been introduced at the same time by both countries, and
greatly for the benefit of both. Great Britain has been forced by the
pressure of circumstances at home to abandon a policy which has been
upheld for ages, and to open her markets for our immense surplus of
breadstuffs, and it is confidently believed that other powers of Europe
will ultimately see the wisdom, if they be not compelled by the pauperism
and sufferings of their crowded population, to pursue a similar policy.
Our farmers are more deeply interested in maintaining the just and
liberal policy of the existing law than any other class of our citizens.
They constitute a large majority of our population, and it is well known
that when they prosper all other pursuit prosper also. They have here-
tofore not only received none of the bounties or favors of Government,
but by the unequal operations of the protective policy have been made
by the burdens of taxation which it imposed to contribute to the boun-
ties which have enriched others.
When a foreign as well as a home market is opened to them, they must
receive, as they are now receiving, increased prices for their products.
They will find a readier sale, and at better prices, for their wheat, flour,
rice, Indian corn, beef, pork, lard, butter, cheese, and other articles which
they produce. The home market alone is inadequate to enable them to
dispose of the immense surplus of food and other articles which they are
capable of producing, even at the most reduced prices, for the manifest
reason that they can not be consumed in the country. The United States
can from their immense surplus supply not only the home demand, but
the deficiencies of food required by the whole world.
That the reduced production of some of the chief articles of food
in Great Britain and other parts of Europe may have contributed to
increase the demand for our breadstuffs and provisions is not doubted,
but that the great and efficient cause of this increased demand and of
increased prices consists in the removal of artificial restrictions hereto-
fore imposed is deemed to be equally certain. That our exports of food,
already increased and increasing beyond former example under the more
2352
Messages and Papers of the Presidents
liberal policy which has been adopted, will be still vastly enlarged unless
they be checked or prevented by a restoration of the protective policy
can not be doubted. That our commercial and navigating interests
will be enlarged in a corresponding ratio with the increase of our trade
is equally certain, while our manufacturing interests will still be the
favored interests of the country and receive the incidental protection
afforded them by revenue duties; and more than this they can not justly
demand.
In my annual message of December last a tariff of revenue duties
based upon the principles of the existing law was recommended, and I
have seen no reason to change the opinions then expressed. In view of
the probable beneficial effects of that law, I recommend that the policy
established by it be maintained. It has but just commenced to operate,
and to abandon or modify it without giving it a fair trial would be inex-
pedient and unwise. Should defects in any of its details be ascertained
by actual experience to exist, these may be hereafter corrected; but until
such defects shall become manifest the act should be fairly tested.
It is submitted for your consideration whether it may not be proper,
as a war measure, to impose revenue duties on some of the articles now
embraced in the free list. Should it be deemed proper to impose such
duties with a view to raise revenue to meet the expenses of the war with
Mexico or to avoid to that extent the creation of a public debt, they may
be repealed when the emergency which gave rise to them shall cease to
exist, and constitute no part of the permanent policy of the country.
The act of the 6th of August last, "to provide for the better organi-
zation of the Treasury and for the collection, safe-keeping, transfer, and
disbursement of the public revenue," has been carried into execution as
rapidly as the delay necessarily arising out of the appointment of new
officers, taking and approving their bonds, and preparing and securing
proper places for the safe-keeping of the public money would permit.
It is not proposed to depart in any respect from the principles or policy
on which this great measure is founded. There are, however, defects in
the details of the measure, developed by its practical operation, which
are fully set forth in the report of the Secretary of the Treasury, to
which the attention of Congress is invited. These defects would impair
to some extent the successful operation of the law at all times, but are
especially embarrassing when the country is engaged in a war, when the
expenditures are greatly increased, when loans are to be effected and
the disbursements are to be made at points many hundred miles distant,
in some cases, from any depository, and a large portion of them in a
foreign country. The modifications suggested in the report of the Sec-
retary of the Treasury are recommended to your favorable consideration.
In connection with this subject I invite your attention to the impor-
tance of establishing a branch of the Mint of the United States at New
York. Two-thirds of the revenue derived from customs being collected
James K. Polk
2353
at that point, the demand for specie to pay the duties will be large, and
a branch mint where foreign coin and bullion could be immediately
converted into American coin would greatly facilitate the transaction of
the public business, enlarge the circulation of gold and silver, and be
at the same time a safe depository of the public money.
The importance of graduating and reducing the price of such of the
public lands as have been long offered in the market at the minimum
rate authorized by existing laws, and remain unsold, induces me again
to recommend the subject to your favorable consideration. Many mil-
lions of acres of these lands have been offered in the market for more
than thirty years and larger quantities for more than ten or twenty
years, and, being of an inferior quality, they must remain unsalable for
an indefinite period unless the price at which they may be purchased
shall be reduced. To place a price upon them above their real value is
not only to prevent their sale, and thereby deprive the Treasury of any
income from that source, but is unjust to the States in which they lie,
because it retards their growth and increase of population, and because
they have no power to levy a tax upon them as upon other lands within
their limits, held by other proprietors than the United States, for the
support of their local governments.
The beneficial effects of the graduation principle have been realized
by some of the States owning the lands within their limits in which it
has been adopted. They have been demonstrated also by the United
States acting as the trustee of the Chickasaw tribe of Indians in the sale
of their lands lying within the States of Mississippi and Alabama. The
Chickasaw lands, which would not command in the market the minimum
price established by the laws of the United States for the sale of their
lands, were, in pursuance of the treaty of 1834 with that tribe, subse-
quently offered for sale at graduated and reduced rates for limited periods.
The result was that large quantities of these lands were purchased which
would otherwise have remained unsold. The lands were disposed of at
their real value, and many persons of limited means were enabled to
purchase small tracts, upon which they have settled with their families.
That similar results would be produced by the adoption of the gradua-
tion policy by the United States in all the States in which they are the
owners of large bodies of lands which have been long in the market can
not be doubted. It can not be a sound policy to withhold large quan-
tities of the public lands from the use and occupation of our citizens by
fixing upon them prices which experience has shown they will not com-
mand. On the contrary, it is a wise policy to afford facilities to our
citizens to become the owners at low and moderate rates of freeholds of
their own instead of being the tenants and dependents of others. If it
be apprehended that these lands if reduced in price would be secured in
large quantities by speculators or capitalists, the sales may be restricted
in limited quantities to actual settlers or persons purchasing for purposes.
of cultivation.
2354
Messages and Papers of the Presidents
In my last annual message I submitted for the consideration of Con-
gress the present system of managing the mineral lands of the United
States, and recommended that they should be brought into market and
sold upon such terms and under such restrictions as Congress might pre-
scribe. By the act of the 11th of July last "the reserved lead mines
and contiguous lands in the States of Illinois and Arkansas and Terri-
tories of Wisconsin and Iowa" were authorized to be sold. The act is
confined in its operation to "lead mines and contiguous lands." A
large portion of the public lands, containing copper and other ores, is
represented to be very valuable, and I recommend that provision be made
authorizing the sale of these lands upon such terms and conditions as
from their supposed value may in the judgment of Congress be deemed
advisable, having due regard to the interests of such of our citizens as
may be located upon them.
It will be important during your present session to establish a Terri-
torial government and to extend the jurisdiction and laws of the United
States over the Territory of Oregon. Our laws regulating trade and
intercourse with the Indian tribes east of the Rocky Mountains should be
extended to the Pacific Ocean; and for the purpose of executing them
and preserving friendly relations with the Indian tribes within our limits,
an additional number of Indian agencies will be required, and should be
authorized by law. The establishment of custom-houses and of post-
offices and post-roads and provision for the transportation of the mail
va such routes as the public convenience will suggest require legislative
authority. It will be proper also to establish a surveyor-general's office
in that Territory and to make the necessary provision for surveying the
public lands and bringing them into market. As our citizens who now
reside in that distant region have been subjected to many hardships, pri-
vations, and sacrifices in their emigration, and by their improvements
have enhanced the value of the public lands in the neighborhood of their
settlements, it is recommended that liberal grants be made to them of
such portions of these lands as they may occupy, and that similar grants
or rights of preemption be made to all who may emigrate thither within
a limited period, prescribed by law.
The report of the Secretary of War contains detailed information rela-
tive to the several branches of the public service connected with that
Department. The operations of the Army have been of a satisfactory
and highly gratifying character. I recommend to your early and favor-
able consideration the measures proposed by the Secretary of War for
speedily filling up the rank and file of the Regular Army, for its greater
efficiency in the field, and for raising an additional force to serve during
the war with Mexico.
Embarrassment is likely to arise for want of legal provision author-
izing compensation to be made to the agents employed in the several
States and Territories to pay the Revolutionary and other pensioners the
James K. Polk
2355
amounts allowed them by law. Your attention is invited to the recom-
mendations of the Secretary of War on this subject. These agents incur
heavy responsibilities and perform important duties, and no reason exists
why they should not be placed on the same footing as to compensation
with other disbursing officers.
Our relations with the various Indian tribes continue to be of a pa-
cific character. The unhappy dissensions which have existed among the
Cherokees for many years past have been healed. Since my last annual
message important treaties have been negotiated with some of the tribes,
by which the Indian title to large tracts of valuable land within the
limits of the States and Territories has been extinguished and arrange-
ments made for removing them to the country west of the Mississippi.
Between 3,000 and 4,000 of different tribes have been removed to the
country provided for them by treaty stipulations, and arrangements have
been made for others to follow.
In our intercourse with the several tribes particular attention has been
given to the important subject of education. The number of schools
established among them has been increased, and additional means pro-
vided not only for teaching them the rudiments of education, but of
instructing them in agriculture and the mechanic arts.
I refer you to the report of the Secretary of the Navy for a satisfactory
view of the operations of the Department under his charge during the
past year. It is gratifying to perceive that while the war with Mexico
has rendered it necessary to employ an unusual number of our armed ves-
sels on her coasts, the protection due to our commerce in other quarters
of the world has not proved insufficient. No means will be spared to
give efficiency to the naval service in the prosecution of the war; and I
am happy to know that the officers and men anxiously desire to devote
themselves to the service of their country in any enterprise, however
difficult of execution.
I recommend to your favorable consideration the proposition to add to
each of our foreign squadrons an efficient sea steamer, and, as especially
demanding attention, the establishment at Pensacola of the necessary
means of repairing and refitting the vessels of the Navy employed in the
Gulf of Mexico.
There are other suggestions in the report which deserve and I doubt
not will receive your consideration.
The progress and condition of the mail service for the past year are
fully presented in the report of the Postmaster-General. The revenue for
the year ending on the 30th of June last amounted to $3,487,199, which
is $802,642.45 less than that of the preceding year. The payments for
that Department during the same time amounted to $4,084,297.22. Of
this sum $597,097.80 have been drawn from the Treasury. The disburse-
ments for the year were $236,434.77 less than those of the preceding
year.
While the disbursements have been thus diminished, the mail fa-
cilities have been enlarged by new mail routes of 5,739 miles, an increase
of transportation of 1,764, 145 miles, and the establishment of 418 new
2356
Messages and Papers of the Presidents
post-offices. Contractors, postmasters, and others engaged in this branch
of the service have performed their duties with energy and faithfulness
deserving commendation. For many interesting details connected with
the operations of this establishment you are referred to the report of the
Postmaster-General, and his suggestions for improving its revenues are
recommended to your favorable consideration. I repeat the opinion ex-
pressed in my last annual message that the business of this Department
should be so regulated that the revenues derived from it should be made
to equal the expenditures, and it is believed that this may be done by
proper modifications of the present laws, as suggested in the report of
the Postmaster-General, without changing the present rates of postage.
With full reliance upon the wisdom and patriotism of your delibera-
tions, it will be my duty, as it will be my anxious desire, to cooperate
with you in every constitutional effort to promote the welfare and main-
tain the honor of our common country.
JAMES K. POLK.
SPECIAL MESSAGES.
To the Senate of the United States:
WASHINGTON, December 14, 1846.
I transmit to the Senate, for their consideration and advice with regard
to its ratification, a convention for the mutual surrender of criminals
between the United States and the Swiss Confederation, signed by their
respective plenipotentiaries on the 15th of September last at Paris.
I transmit also a copy of a dispatch from the plenipotentiary of the
United States, with the accompanying documents.
JAMES K. POLK.
WASHINGTON, December 22, 1846.
To the House of Representatives of the United States:
In compliance with the request contained in the resolution of the
House of Representatives of the 15th instant, I communicate herewith
reports from the Secretary of War and the Secretary of the Navy, with
the documents which accompany them.
These documents contain all the "orders or instructions" to any mili-
tary, naval, or other officer of the Government "in relation to the estab-
lishment or organization of civil government in any portion of the ter-
ritory of Mexico which has or might be taken possession of by the Army
or Navy of the United States."
These orders and instructions were given to regulate the exercise of the
rights of a belligerent engaged in actual war over such portions of the ter-
ritory of our enemy as by military conquest might be "taken possession
James K. Polk
2357
of" and be occupied by our armed forces-rights necessarily resulting
from a state of war and clearly recognized by the laws of nations. This
was all the authority which could be delegated to our military and naval
commanders, and its exercise was indispensable to the secure occupa
tion and possession of territory of the enemy which might be conquered.
The regulations authorized were temporary, and dependent on the rights
acquired by conquest. They were authorized as belligerent rights, and
were to be carried into effect by military or naval officers. They were
but the amelioration of martial law, which modern civilization requires,
and were due as well to the security of the conquest as to the inhabitants
of the conquered territory.
The documents communicated also contain the reports of several
highly meritorious officers of our Army and Navy who have conquered
and taken possession of portions of the enemy's territory.
Among the documents accompanying the report of the Secretary of
War will be found a "form of government" "established and organized"
by the military commander who conquered and occupied with his forces
the Territory of New Mexico. This document was received at the War
Department in the latter part of the last month, and, as will be perceived
by the report of the Secretary of War, was not, for the reasons stated by
that officer, brought to my notice until after my annual message of the
8th instant was communicated to Congress.
It is declared on its face to be a "temporary government of the said
Territory," but there are portions of it which purport to "establish and
organize" a permanent Territorial government of the United States over
the Territory and to impart to its inhabitants political rights which
under the Constitution of the United States can be enjoyed permanently
only by citizens of the United States. These have not been "approved
and recognized” by me. Such organized regulations as have been es-
tablished in any of the conquered territories for the security of our con-
quest, for the preservation of order, for the protection of the rights of the
inhabitants, and for depriving the enemy of the advantages of these ter-
ritories while the military possession of them by the forces of the United
States continues will be recognized and approved.
It will be apparent from the reports of the officers who have been
required by the success which has crowned their arms to exercise the
powers of temporary government over the conquered territories that if
any excess of power has been exercised the departure has been the off-
spring of a patriotic desire to give to the inhabitants the privileges and
immunities so cherished by the people of our own country, and which
they believed calculated to improve their condition and promote their
prosperity. Any such excess has resulted in no practical injury, but can
and will be early corrected in a manner to alienate as little as possible
the good feelings of the inhabitants of the conquered territory.
JAMES K. POLK.
2358
Messages and Papers of the Presidents
WASHINGTON, December 29, 1846.
To the Senate and House of Representatives of the United States:
In order to prosecute the war against Mexico with vigor and success,
it is necessary that authority should be promptly given by Congress to
increase the Regular Army and to remedy existing defects in its organi-
zation. With this view your favorable attention is invited to the annual
report of the Secretary of War, which accompanied my message of the
8th instant, in which he recommends that ten additional regiments of
regular troops shall be raised, to serve during the war.
Of the additional regiments of volunteers which have been called for
from several of the States, some have been promptly raised; but this has
not been the case in regard to all. The existing law, requiring that they
should be organized by the independent action of the State governments,
has in some instances occasioned considerable delay, and it is yet uncer-
tain when the troops required can be ready for service in the field.
It is our settled policy to maintain in time of peace as small a Regular
Army as the exigencies of the public service will permit. In a state
of war, notwithstanding the great advantage with which our volunteer
citizen soldiers can be brought into the field, this small Regular Army
must be increased in its numbers in order to render the whole force
more efficient.
Additional officers as well as men then become indispensable. Under
the circumstances of our service a peculiar propriety exists for increas-
ing the officers, especially in the higher grades. The number of such
officers who from age and other causes are rendered incapable of active
service in the field has seriously impaired the efficiency of the Army.
From the report of the Secretary of War it appears that about two-
thirds of the whole number of regimental field officers are either per-
manently disabled or are necessarily detached from their commands on
other duties. The long enjoyment of peace has prevented us from
experiencing much embarrassment from this cause, but now, in a state
of war, conducted in a foreign country, it has produced serious injury to
the public service.
An efficient organization of the Army, composed of regulars and volun-
teers, whilst prosecuting the war in Mexico, it is believed would require
the appointment of a general officer to take the command of all our mili-
tary forces in the field. Upon the conclusion of the war the services of
such an officer would no longer be necessary, and should be dispensed
with upon the reduction of the Army to a peace establishment.
I recommend that provision be made by law for the appointment of
such a general officer to serve during the war.
It is respectfully recommended that early action should be had by
Congress upon the suggestions submitted for their consideration, as
necessary to insure active and efficient service in prosecuting the war, be-
fore the present favorable season for military operations in the enemy's
country shall have passed away.
JAMES K. POLK.
James K. Polk
2359
To the Senate of the United States:
WASHINGTON, January 4, 1847.
I communicate herewith a report of the Postmaster-General, which
contains the information called for by the resolution of the Senate of
the 16th instant, in relation to the means which have been taken for the
transmission of letters and papers to and from the officers and soldiers
now in the service of the United States in Mexico. In answer to the
inquiry whether any legislation is necessary to secure the speedy trans-
mission and delivery of such letters and papers, I refer you to the sug-
gestions of the Postmaster-General, which are recommended to your
favorable consideration.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, January 11, 1847.
In answer to the resolution of the Senate of the 22d ultimo, calling
for information relative to the negotiation of the treaty of commerce with
the Republic of New Granada signed on the 20th of December, 1844,
I transmit a report from the Secretary of State and the documents by
which it was accompanied.
JAMES K. POLK.
WASHINGTON, January 19, 1847.
To the House of Representatives of the United States:
I transmit herewith a report of the Secretary of War, with the accom-
panying report from the Adjutant-General of the Army, made in com-
pliance with the resolution of the House of Representatives of the 5th
instant, requesting the President to communicate to the House "the
whole number of volunteers which have been mustered into the serv-
ice of the United States since the 1st day of May last, designating the
number mustered for three months, six months, and twelve months;
the number of those who have been discharged before they served two
months, number discharged after two months' service, and the number of
volunteer officers who have resigned, and the dates of their resignations."
JAMES K. POLK.
WASHINGTON, January 20, 1847.
To the House of Representatives of the United States:
I communicate herewith a letter received from the president of the
convention of delegates of the people of Wisconsin, transmitting a cer-
tified copy of the constitution adopted by the delegates of the people of
Wisconsin in convention assembled, also a copy of the act of the legis-
lature of the Territory of Wisconsin providing for the calling of said
convention, and also a copy of the last census, showing the number of
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Messages and Papers of the Presidents
inhabitants in said Territory, requesting the President to "lay the same
before the Congress of the United States with the request that Congress
act upon the same at its present session.”
JAMES K. POLK.`
WASHINGTON, January 25, 1847.
To the House of Representatives of the United States:
I communicate herewith a report of the Secretary of the Treasury,
accompanied by a statement of the Register of the Treasury prepared in
compliance with a resolution of the House of Representatives of the 7th
instant, requesting the President "to furnish the House with a statement
showing the whole amount allowed and paid at the Treasury during the
year ending 30th June, 1846, for postages of the Executive Departments
of the Government and for the several officers and persons authorized by
the act approved 3d March, 1846, to send or receive matter through the
mails free, including the amount allowed or allowable, if charged in
the postages of any officers or agents, military, naval, or civil, employed
in or by any of said Departments." It will be perceived that said state-
ment is as full and accurate as can be made during the present session
of Congress.
JAMES K. POLK.
WASHINGTON, January 29, 1847.
To the House of Representatives of the United States:
I communicate herewith a report of the Secretary of War, together
with reports of the Adjutant-General and Paymaster-General of the
Army, in answer to a resolution of the House of Representatives of
the 20th instant, requesting the President to communicate to the House
"whether any, and, if any, which, of the Representatives named in the
list annexed have held any office or offices under the United States since
the commencement of the Twenty-ninth Congress, designating the office
or offices held by each, and whether the same are now so held, and includ-
ing in said information the names of all who are now serving in the Army
of the United States as officers and receiving pay as such, and when and
by whom they were commissioned."
JAMES K. POLK.
To the Senate of the United States :
WASHINGTON, February 3, 1847.
I communicate herewith reports of the Secretary of War and the Sec-
retary of the Treasury, with accompanying documents, in answer to a
resolution of the Senate "requesting the President to inform the Senate
whether any funds of the Government, and, if any, what amount, have
James K. Polk
2361
been remitted from the Atlantic States to New Orleans or to the disburs-
ing officers of the American Army in Mexico since the 1st of September
last, and, if any remitted, in what funds remitted, whether in gold or
silver coin, Treasury notes, bank notes, or bank checks, and, if in whole
or in part remitted in gold and silver, what has been the expense to the
Government of each of said remittances."
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, February 10, 1847.
I transmit to the Senate, for their advice with regard to its ratification,
"a general treaty of peace, amity, navigation, and commerce between
the United States of America and the Republic of New Granada," con-
cluded at Bogota on the 12th December last by Benjamin A. Bidlack,
chargé d'affaires of the United States, on their part, and by Manuel
Maria Mallarino, secretary of state and foreign relations, on the part of
that Republic.
It will be perceived by the thirty-fifth article of this treaty that New
Granada proposes to guarantee to the Government and citizens of the
United States the right of passage across the Isthmus of 9ama over
the natural roads and over any canal or railroad which may be constructed
to unite the two seas, on condition that the United States shall make a
similar guaranty to New Granada of the neutrality of this portion of her
territory and her sovereignty over the same.
The reasons which caused the insertion of this important stipulation in
the treaty will be fully made known to the Senate by the accompanying
documents. From these it will appear that our chargé d'affaires acted
in this particular upon his own responsibility and without instructions.
Under such circumstances it became my duty to decide whether I would
submit the treaty to the Senate, and after mature consideration I have
determined to adopt this course.
The importance of this concession to the commercial and political
interests of the United States can not easily be overrated. The route
by the Isthmus of Panama is the shortest between the two oceans, and
from the information herewith communicated it would seem to be the
most practicable for a railroad or canal.
The vast advantages to our commerce which would result from such a
communication, not only with the west coast of America, but with Asia
and the islands of the Pacific, are too obvious to require any detail.
Such a passage would relieve us from a long and dangerous navigation of
more than 9,000 miles around Cape Horn and render our communication
with our possessions on the northwest coast of America comparatively
easy and speedy.
The communication across the Isthmus has attracted the attention
of the Government of the United States ever since the independence of
2362
Messages and Papers of the Presidents
the South American Republics. On the 3d of March, 1835, a resolution
passed the Senate in the following words:
Resolved, That the President of the United States be respectfully requested to
consider the expediency of opening negotiations with the governments of other
nations, and particularly with the Governments of Central America and New Gra-
nada, for the purpose of effectually protecting, by suitable treaty stipulations with
them, such individuals or companies as may undertake to open a communication
between the Atlantic and Pacific oceans by the construction of a ship canal across
the isthmus which connects North and South America, and of securing forever by
such stipulations the free and equal right of navigating such canal to all nations on
the payment of such reasonable tolls as may be established to compensate the capi-
talists who may engage in such undertaking and complete the work.
No person can be more deeply sensible than myself of the danger of
entangling alliances with any foreign nation. That we should avoid such
alliances has become a maxim of our policy consecrated by the most
venerated names which adorn our history and sanctioned by the unani-
mous voice of the American people. Our own experience has taught us
the wisdom of this maxim in the only instance, that of the guaranty to
France of her American possessions, in which we have ever entered into
such an alliance. If, therefore, the very peculiar circumstances of the
present case do not greatly impair, if not altogether destroy the force of
this objection, then we ought not to enter into the stipulation, whatever
may be its advantages. The general considerations which have induced
me to transmit the treaty to the Senate for their advice may be summed
up in the following particulars:
S
1. The treaty does not propose to guarantee a territory to a foreign
nation in which the United States will have no common interest with
that nation. On the contrary, we are more deeply and directly interested
in the subject of this guaranty than New Granada herself or any othet
country.
2. The guaranty does not extend to the territories of New Granada
generally, but is confined to the single Province of the Isthmus of Pan-
ama, where we shall acquire by the treaty a common and coextensive
right of passage with herself.
3. It will constitute no alliance for any political object, but for a purely
commercial purpose, in which all the navigating nations of the world have
a common interest.
4. In entering into the mutual guaranties proposed by the thirty-fifth
article of the treaty neither the Government of New Granada nor that
of the United. States has any narrow or exclusive views. The ultimate
object, as presented by the Senate of the United States in their resolution
to which I have already referred, is to secure to all nations the free and
equal right of passage over the Isthmus. If the United States, as the chief
of the American nations, should first become a party to this guaranty, it
can not be doubted-indeed, it is confidently expected by the Government
of New Granada-that similar guaranties will be given to that Republic
James K. Polk
2363
by Great Britain and France. Should the proposition thus tendered be
rejected we may deprive the United States of the just influence which its
acceptance might secure to them and confer the glory and benefits of
being the first among the nations in concluding such an arrangement
upon the Government either of Great Britain or France. That either of
these Governments would embrace the offer can not be doubted, because
there does not appear to be any other effectual means of securing to all
nations the advantages of this important passage but the guaranty of
great commercial powers that the Isthmus shall be neutral territory.
The interests of the world at stake are so important that the security
of this passage between the two oceans can not be suffered to depend
upon the wars and revolutions which may arise among different nations.
Besides, such a guaranty is almost indispensable to the construction of
a railroad or canal across the territory. Neither sovereign states nor
individuals would expend their capital in the construction of these expen-
sive works without some such security for their investments.
The guaranty of the sovereignty of New Granada over the Isthmus is a
natural consequence of the guaranty of its neutrality, and there does not
seem to be any other practicable mode of securing the neutrality of this
territory. New Granada would not consent to yield up this Province in
order that it might become a neutral state, and if she should it is not suf-
ficiently populous or wealthy to establish and maintain an independent
sovereignty. But a civil government must exist there in order to protect
the works which shall be constructed. New Granada is a power which
will not excite the jealousy of any nation. If Great Britain, France, or
the United States held the sovereignty over the Isthmus, other nations
might apprehend that in case of war the Government would close up
the passage against the enemy, but no such fears can ever be entertained
in regard to New Granada.
This treaty removes the heavy discriminating duties against us in the
ports of New Granada, which have nearly destroyed our commerce and
navigation with that Republic, and which we have been in vain endeav-
oring to abolish for the last twenty years.
It may be proper also to call the attention of the Senate to the twenty-
fifth article of the treaty, which prohibits privateering in case of war
between the two Republics, and also to the additional article, which
nationalizes all vessels of the parties which "shall be provided by the
respective Governments with a patent issued according to its laws,"
and in this particular goes further than any of our former treaties.
JAMES K. POLK.
WASHINGTON, February 13, 1847.
To the Senate and House of Representatives of the United States:
Congress, by the act of the 13th of May last, declared that "by the
act of the Republic of Mexico a state of war exists between that Gov-
ernment and the United States," and "for the purpose of enabling the
2364
Messages and Papers of the Presidents
Government of the United States to prosecute said war to a speedy and
successful termination" authority was vested in the President to employ
the "naval and military forces of the United States.
It has been my unalterable purpose since the commencement of hos-
tilities by Mexico and the declaration of the existence of war by Congress
to prosecute the war in which the country was unavoidably involved with
the utmost energy, with a view to its "speedy aud successful termina-
tion" by an honorable peace.
Accordingly all the operations of our naval and military forces have
been directed with this view. While the sword has been held in one
hand and our military movements pressed forward into the enemy's
country and its coasts invested by our Navy, the tender of an honorable
peace has been constantly presented to Mexico in the other.
Hitherto the overtures of peace which have been made by this Gov-
ernment have not been accepted by Mexico. With a view to avoid a
protracted war, which hesitancy and delay on our part would be so well
calculated to produce, I informed you in my annual message of the 8th
December last that the war would "continue to be prosecuted with vigor,
as the best means of securing peace," and recommended to your early
and favorable consideration the measures proposed by the Secretary of
War in his report accompanying that message.
In my message of the 4th January last these and other measures
deemed to be essential to the "speedy and successful termination" of
the war and the attainment of a just and honorable peace were recom-
mended to your early and favorable consideration.
The worst state of things which could exist in a war with such a power
as Mexico would be a course of indecision and inactivity on our part.
Being charged by the Constitution and the laws with the conduct of the
war, I have availed myself of all the means at my command to prosecute
it with energy and vigor.
The act "to raise for a limited time an additional military force, and
for other purposes," and which authorizes the raising of ten additional
regiments to the Regular Army, to serve during the war and to be dis-
banded at its termination, which was presented to me on the 11th instant
and approved on that day, will constitute an important part of our mili-
tary force. These regiments will be raised and moved to the seat of war
with the least practicable delay.
It will be perceived that this act makes no provision for the organiza-
tion into brigades and divisions of the increased force which it authorizes,
nor for the appointment of general officers to command it. It will be
proper that authority be given by law to make such organization, and to
appoint, by and with the advice and consent of the Senate, such number
of major-generals and brigadier-generals as the efficiency of the service
may demand.
The number of officers of these grades now in service are
not more than are required for their respective commands; but further
James K. Polk
2365
legislative action during your present session will, in my judgment, be
required, and to which it is my duty respectfully to invite your attention.
Should the war, contrary to my earnest desire, be protracted to the
close of the term of service of the volunteers now in Mexico, who engaged
for twelve months, an additional volunteer force will probably become
necessary to supply their place. Many of the volunteers now serving
in Mexico, it is not doubted, will cheerfully engage at the conclusion.
of their present term to serve during the war. They would constitute
a more efficient force than could be speedily obtained by accepting the
services of any new corps who might offer their services. They would
have the advantage of the experience and discipline of a year's service,
and will have become accustomed to the climate and be in less danger
than new levies of suffering from the diseases of the country. I recom-
mend, therefore, that authority be given to accept the services of such
of the volunteers now in Mexico as the state of the public service may
require, and who may at the termination of their present term volunta-
rily engage to serve during the war with Mexico, and that provision be
made for commissioning the officers. Should this measure receive the
favorable consideration of Congress, it is recommended that a bounty be
granted to them upon their voluntarily extending their term of service.
This would not only be due to these gallant men, but it would be econ-
omy to the Government, because if discharged at the end of the twelve
months the Government would be bound to incur a heavy expense in
bringing them back to their homes and in sending to the seat of war new
corps of fresh troops to supply their place.
By the act of the 13th of May last the President was authorized to
accept the services of volunteers "in companies, battalions, squadrons,
and regiments,” but no provision was made for filling up vacancies which
might occur by death or discharges from the service on account of sick-
ness or other casualties. In consequence of this omission many of the
corps now in service have been much reduced in numbers. Nor was any
provision made for filling vacancies of regimental or company officers
who might die or resign. Information has been received at the War
Department of the resignation of more than 100 of these officers. They
were appointed by the State authorities, and no information has been
received except in a few instances that their places have been filled;
and the efficiency of the service has been impaired from this cause. To
remedy these defects, I recommend that authority be given to accept the
services of individual volunteers to fill up the places of such as may die
or become unfit for the service and be discharged, and that provision be
also made for filling the places of regimental and company officers who
may die or resign. By such provisions the volunteer corps may be con-
stantly kept full or may approximate the maximum number authorized
and called into service in the first instance.
While it is deemed to be our true policy to prosecute the war in the
2366
Messages and Papers of the Presidents
manner indicated, and thus make the enemy feel its pressure and its
evils, I shall be at all times ready, with the authority conferred on me
by the Constitution and with all the means which may be placed at my
command by Congress, to conclude a just and honorable peace.
Of equal importance with an energetic and vigorous prosecution of
the war are the means required to defray its expenses and to uphold and
maintain the public credit.
In my annual message of the 8th December last I submitted for the
consideration of Congress the propriety of imposing, as a war measure,
revenue duties on some of the articles now embraced in the free list.
The principal articles now exempt from duty from which any consider-
able revenue could be derived are tea and coffee. A moderate revenue
duty on these articles it is estimated would produce annually an amount
exceeding $2,500,000. Though in a period of peace, when ample means
could be derived from duties on other articles for the support of the Gov-
ernment, it may have been deemed proper not to resort to a duty on these
articles, yet when the country is engaged in a foreign war and all our
resources are demanded to meet the unavoidable increased expenditure
in maintaining our armies in the field no sound reason is perceived why
we should not avail ourselves of the revenues which may be derived from
this source. The objections which have heretofore existed to the impo-
sition of these duties were applicable to a state of peace, when they were
not needed. We are now, however, engaged in a foreign war. We need
money to prosecute it and to maintain the public honor and credit. It
can not be doubted that the patriotic people of the United States would
cheerfully and without complaint submit to the payment of this addi-
tional duty or any other that may be necessary to maintain the honor of
the country, provide for the unavoidable expenses of the Government,
and to uphold the public credit. It is recommended that any duties
which may be imposed on these articles be limited in their duration to
the period of the war.
An additional annual revenue, it is estimated, of between half a million
and a million of dollars would be derived from the graduation and reduc-
tion of the price of such of the public lands as have been long offered in
the market at the minimum price established by the existing laws and
have remained unsold. And in addition to other reasons commending
the measure to favorable consideration, it is recommended as a financial
measure. The duty suggested on tea and coffee and the graduation and
reduction of the price of the public lands would secure an additional
annual revenue to the Treasury of not less than $3,000,000, and would
thereby prevent the necessity of incurring a public debt annually to that
amount, the interest on which must be paid semiannually, and ultimately
the debt itself by a tax on the people.
It is a sound policy and one which has long been approved by the Gov-
ernment and people of the United States never to resort to loans unless
in cases of great public emergency, and then only for the smallest amount
which the public necessities will permit.
James K. Polk
2367
The increased revenues which the measures now recommended would
produce would, moreover, enable the Government to negotiate a loan for
any additional sum which may be found to be needed with more facility
and at cheaper rates than can be done without them.
Under the injunction of the Constitution which makes it my duty
"from time to time to give to Congress information of the state of the
Union and to recommend to their consideration such measures" as shall
be judged "necessary and expedient," I respectfully and earnestly invite
the action of Congress on the measures herein presented for their con-
sideration. The public good, as well as a sense of my responsibility to
our common constituents, in my judgment imperiously demands that
I should present them for your enlightened consideration and invoke
favorable action upon them before the close of your present session.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 13, 1847.
I nominate the officers named in the accompanying communication for
regular promotion in the Army of the United States, as proposed by the
Secretary of War.
The PRESIDENT OF THE UNITED STATES.
JAMES K. POLK.
WAR DEPARTMENT,
Washington, February 13, 1847.
SIR: I have the honor respectfully to propose for your approbation the following-
named captains* for promotion to the rank of major in the existing regiments of the
Army, in conformity with the third section of the act approved February 11, 1847,
which authorizes one additional major to each of the regiments of dragoons, artil
lery, infantry, and riflemen.
The promotions are all regular with one exception, that of Captain Washington
Seawell, of the Seventh Infantry, instead of Captain Edgar Hawkins, of the same
regiment, who stands at the head of the list of his grade in the infantry arm. Cap-
tain Hawkins, who distinguished himself in the defense of Fort Brown, is passed
over on the ground of mental alienation, it being officially reported that he is “in-
sane," on which account he was recently sent from the Army in Mexico. He is
now in New York, and is reported to be "unable to perform any duty." An officer
just returned from the Army in Mexico, and who had recently served with Captain
Hawkins, informed the Adjutant-General that he was quite deranged, but that he
had hopes of his recovery, as the malady was probably caused by sickness. Should
these hopes be realized at some future day, Captain Hawkins will then of course
be promoted without loss of rank; meanwhile I respectfully recommend that he be
passed over, as the declared object of these additional majors (as set forth in the
Adjutant-General's report to this Department of the 30th of July last) was to insure
the presence of an adequate number of efficient field officers for duty with the march-
ing regiments, which object would be neutralized in part should Captain Hawkins
now receive the appointment.
I am, sir, with great respect, your obedient servant,
*List omitted.
W. L. MARCY.
2368
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, February 20, 1847.
I communicate herewith a report of the Secretary of State, with the
accompanying documents, in answer to a resolution of the Senate of
the 2d instant, requesting the President to communicate such informa-
tion in possession of the Executive Departments in relation to the impor-
tation of foreign criminals and paupers as he may deem consistent with
the public interests to communicate.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 26, 1847.
I nominate the persons named in the accompanying list of promo-
tions and appointments in the Army of the United States to the several
grades annexed to their names, as. proposed by the Secretary of War.
JAMES K. POLK.
WAR DEPARTMENT, February 26, 1847.
The PRESIDENT OF THE UNITED STATES.
SIR: I have the honor respectfully to propose for your approbation the annexed
list* of officers for regular promotion and persons for appointment in the Army of
the United States.
It having been decided to be just and proper to restore Grafton D. Hanson, late a
lieutenant in the Eighth Infantry, to his former regiment and rank, whose resigna-
tion was accepted in June, 1845, contrary to his wish, he having in due time recalled
the same, it will be seen that he is reappointed accordingly. I deem it proper to
state that the vacancy of first lieutenant in the Eighth Infantry, now proposed to be
filled by Mr. Hanson's restoration and reappointment, has been occasioned by the
appointment of the senior captain of the regiment to be major under the recent act
authorizing an additional major to each regiment, being an original vacancy, and
therefore the less reason for any objection in respect to the general principles
and usages of the service, which guarantee regular promotions to fill vacancies which
occur by accident, etc.
I am, sir, with great respect, your obedient servant,
To the Senate of the United States:
W. L. MARCY.
WASHINGTON, February 26, 1847.
I nominate the officers named in the accompanying list for brevet
promotion in the Army of the United States, for gallant conduct in the
actions at Monterey.
The PRESIDENT.
JAMES K. POLK.
WAR DEPARTMENT, February 19, 1847-
SIR: I present to you the following list* of officers engaged in the actions at Mon-
terey, whose distinguished conduct therein entitles them, in my judgment, to the
promotion by brevet. This list has been prepared after a particular and careful
examination of all the documents in this Department in relation to the military
operations at that place.
* Omitted.
James K. Polk
2369
Lieutenant-Colonel Garland and Brevet Lieutenant-Colonel Childs (then a captain
of the line) also behaved in the actions of Monterey in a manner deserving of particu-
lar notice, but as their names are now before the Senate for colonelcies by brevet,
I have not presented them for further promotion. I am not aware that any officer
below the lineal rank of colonel has ever been made a brigadier-general by brevet.
I have the honor to be, very respectfully, your obedient servant,
W. L. MARCY.
WASHINGTON, February 27, 1847.
To the House of Representatives of the United States:
I communicate herewith a report of the Secretary of War, with the
accompanying documents, in answer to the resolution of the House of
Representatives of the 1st instant, requesting the President "to com-
municate to the House of Representatives all the correspondence with
General Taylor since the commencement of hostilities with Mexico which
has not yet been published, and the publication of which may not be
deemed detrimental to the public service; also the correspondence of the
Quartermaster-General in relation to transportation for General Taylor's
Army; also the reports of Brigadier-Generals Hamer and Quitman of the
operations cf their respective brigades on the 21st of September last.”
As some of these documents relate to military operations of our forces
which may not have been fully executed, I might have deemed it proper
to withhold parts of them under the apprehension that their publication
at this time would be detrimental to the public service; but I am satisfied
that these operations are now so far advanced and that the enemy has
already received so much information from other sources in relation
to the intended movements of our Army as to render this precaution
unnecessary.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, March 2, 1847.
I communicate herewith a report of the Secretary of War, with the
accompanying documents, in answer to the resolution of the Senate of
the 27th ultimo, requesting to be informed "why the name of Captain
Theophilus H. Holmes was not sent in for brevet promotion amongst the
other officers who distinguished themselves at the military operations at
Monterey."
-
The report of the Secretary of War discloses the reasons for the omis-
sion of the name of Captain Holmes in the list of brevet promotions in
ny message of the ultimo. Upon the additional testimony in Cap-
tain Holmes's case which has been received at the War Department, and
to which the Secretary of War refers in his report, I deem it proper to
nominate him for brevet promotion.
2370
Messages and Papers of the Presidents
I therefore nominate Captain Theophilus H. Holmes, of the Seventh
Regiment of Infantry, to be major by brevet from the 23d September,
1846, in the Army of the United States.
JAMES K. POLK.
WAR DEPARTMENT, March 1, 1847.
The PRESIDENT OF THE UNITED STATES.
SIR: With a special reference to the resolution of the Senate of the 27th ultimo,
requesting to be informed "why the name of Captain Theophilus H. Holmes was not
sent in for brevet promotion amongst the other officers who distinguished themselves
at the military operations at Monterey," I have again examined the official reports of
those operations. I do not find that Captain Holmes is mentioned in General Tay-
lor's report, nor in that of any other officer except the report of Brigadier-General
Worth. The following extract from the latter contains all that is said having relation
to the conduct of Captain Holmes:
66
'My thanks are also especially due to Lieutenant-Colonel Stanford, Eighth, com-
manding First Brigade; Major Munroe, chief of artillery, general staff; Brevet Major
Brown and Captain J. R. Vinton, artillery battalion; Captain J. B. Scott, artillery
battalion, light troops; Major Scott (commanding) and Captain Merrill, Fifth; Cap-
tain Miles (commanding), Holmes, and Ross, Seventh Infantry, and Captain Screven,
commanding Eighth Infantry; to Lieutenant-Colonel Walker, captain of rifles; Major
Chevalier and Captain McCulloch, of the Texan, and Captain Blanchard, of the Loui-
siana, Volunteers; to Lieutenant Mackall, commanding battery; Roland, Martin,
Hays, Irons, Clark, and Curd, horse artillery; Lieutenant Longstreet, commanding
light company, Eighth; Lieutenant Ayers, artillery battalion, who was among the
first in the assault upon the place and who secured the colors. Each of the officers
named either headed special detachments, columns of attack, storming parties, or
detached guns, and all were conspicuous for conduct and courage.
It will be perceived that in this list there are twenty-one officers (besides the med-
ical staff and officers of volunteers) who are highly commended by General Worth
for gallant conduct. That they were justly entitled to the praise bestowed on them
is not doubted; but if I had recommended all of them to be brevetted, together with
all those in the reports of other generals also in like manner highly commended, the
number of officers in my list submitted for your consideration would have been proba-
bly trebled. Indeed, the whole Army behaved most gallantly on that occasion. It
was deemed proper to discriminate and select from among the well deserving those
who had peculiar claims to distinction. In making this selection I exercised my best
judgment, regarding the official reports as the authentic source of information. Six
or seven only of the officers named in the foregoing extract from General Worth's
report were placed on the list. A close examination of the reports will, I think, dis-
close the ground for the discrimination, and I hope justify the distinction which I
felt it my duty to make. Without disparagement to Captain Holmes, whose conduct
was highly creditable, it appears to me that a rule of selection which would have
brought him upon the list for promotion by brevet would also have placed on the
same list nearly everyone named with him in General Worth's report, and many on
the reports of other generals not presented in my report to you of the 19th ultimo.
There is not time before the adjournment of the Senate to make the thorough exami-
nation which a due regard to the relative claims of the gallant officers engaged in the
actions of Monterey would require if the list of brevet promotions is to be enlarged to
this extent. Such enlargement would not accord with my own views on the subject
of bestowing brevet rewards,
There are on file other papers relative to Captain Holmes. They were not written
with reference to his brevet promotion, but for an appointment in the new regi-
ments. Copies of those are herewith transmitted. The letter of the Hon. W. P.
James K. Polk
2371
Mangum inclosing the statement from Generals Twiggs and Smith is dated the
26th, and my report the 19th ultimo, and was not, consequently, received at this
Department until some days after the list for brevets was made out and presented
to you.
From the facts and recommendations of the official reports of the actions at Mon-
terey I should not feel warranted in presenting Captain Holmes for brevet promotion
without at the same time including on the same list many others not recommended
in my report of the 19th ultimo; but as his conduct fell under the immediate obser-
vation of General Smith (General Twiggs commanded in a different part of the town),
it may be proper to regard their statement, received since my former report was
prepared and handed to you, as additional evidence of his gallantry and of claims to
your particular notice. I therefore recommend him to be promoted major by brevet.
I have the honor to be, very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
PROCLAMATIONS.
[From Statutes at Large (Little & Brown), Vol. IX, p. 1001.}
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of the Congress of the United States approved the
3d day of March, 1845, entitled "An act regulating commercial inter-
course within the islands of Miquelon and St. Pierre," it is provided that
all French vessels coming directly from those islands, either in ballast
or laden with articles the growth or manufacture of either of said islands,
and which are permitted to be exported therefrom in American vessels,
may be admitted into the ports of the United States on payment of no
higher duties of tonnage or on their cargoes aforesaid than are imposed
on American vessels and on like cargoes imported in American vessels,
provided that this act shall not take effect until the President of the
United States shall have received satisfactory information that similar
privileges have been allowed to American vessels and their cargoes at
said islands by the Government of France and shall have made procla-
mation accordingly; and
Whereas satisfactory information has been received by me that similar
privileges have been allowed to American vessels and their cargoes at
said islands by the Government of France:
Now, therefore, I, James K. Polk, President of the United States of
America, do hereby declare and proclaim that all French vessels coming
directly from the islands of Miquelon and St. Pierre, either in ballast or
laden with articles the growth or manufacture of either of said islands,
and which are permitted to be exported therefrom in American vessels,
shall from this date be admitted into the ports of the United States on
Y
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payment of no higher duties on tonnage or on their cargoes aforesaid
than are imposed on American vessels and on like cargoes imported in
American vessels.
Given under my hand, at the city of Washington, the 20th day of April,
A. D. 1847, and of the Independence of the United States the seventy-
first.
JAMES K. POLK.
By the President:
JAMES BUCHANAN,
Secretary of State.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 24th of
May, 1828, entitled "An act in addition to an act entitled 'An act con-
cerning discriminating duties of tonnage and impost' and to equalize the
duties on Prussian vessels and their cargoes," it is provided that upon
satisfactory evidence being given to the President of the United States
by the government of any foreign nation that no discriminating duties of
tonnage or impost are imposed or levied in the ports of the said nation
upon vessels wholly belonging to citizens of the United States, or upon
the produce, manufactures, or merchandise imported in the same from
the United States or from any foreign country, the President is thereby
authorized to issue his proclamation declaring that the foreign discrimi-
nating duties of tonnage and impost within the United States are and
shall be suspended and discontinued so far as respects the vessels of
the said foreign nation and the produce, manufactures, or merchandise
imported into the United States in the same from the said foreign nation
or from any other foreign country, the said suspension to take effect from
the time of such notification being given to the President of the United
States and to continue so long as the reciprocal exemption of vessels
belonging to citizens of the United States and their cargoes as aforesaid
shall be continued, and no longer; and
Whereas satisfactory evidence has lately been received by me from His
Majesty the Emperor of Brazil, through an official communication of Mr.
Felippe José Pereira Leal, his chargé d'affaires in the United States, under
date of the 25th of October, 1847, that no other or higher duties of ton-
nage and impost are imposed or levied in the ports of Brazil upon vessels
wholly belonging to citizens of the United States and upon the prod-
uce, manufactures, or merchandise imported in the same from the United
States and from any foreign country whatever than are levied on Brazil-
ian ships and their cargoes in the same ports under like circumstances:
Now, therefore, I, James K. Polk, President of the United States of
America, do hereby declare and proclaim that so much of the several acts
James K. Polk
2373
imposing discriminating duties of tonnage and impost within the United
States are and shall be suspended and discontinued so far as respects
the vessels of Brazil and the produce, manufactures, and merchandise
imported into the United States in the same from Brazil and from any
other foreign country whatever, the said suspension to take effect from
the day above mentioned and to continue thenceforward so long as the
reciprocal exemption of the vessels of the United States and the produce,
manufactures, and merchandise imported into Brazil in the same as afore-
said shall be continued on the part of the Government of Brazil.
Given under my hand, at the city of Washington, this 4th day of No-
vember, A. D. 1847, and the seventy-second of the Independence of the
United States.
By the President:
JAMES BUCHANAN,
Secretary of State.
JAMES K. POLK.
EXECUTIVE ORDERS.
The SECRETARY OF THE TREASURY.
WASHINGTON, March 23, 1847.
SIR: The Government of Mexico having repeatedly rejected the friendly
overtures of the United States to open negotiations with a view to the
restoration of peace, sound policy and a just regard to the interests of
our own country require that the enemy should be made, as far as prac-
ticable, to bear the expenses of a war of which they are the authors, and
which they obstinately persist in protracting.
war.
It is the right of the conqueror to levy contribution upon the enemy in
their seaports, towns, or provinces which may be in his military posses-
sion by conquest and to apply the same to defray the expenses of the
The conqueror possesses the right also to establish a temporary
military government over such seaports, towns, or provinces and to pre-
scribe the conditions and restrictions upon which commerce with such
places may be permitted. He may, in his discretion, exclude all trade,
or admit it with limitation or restriction, or impose terms the observance
of which will be the condition of carrying it on. One of these condi-
tions may be the payment of a prescribed rate of duties on tonnage and
imports.
In the exercise of these unquestioned rights of war, I have, on full
consideration, determined to order that all the ports or places in Mexico
which now are or hereafter may be in the actual possession of our land
and naval forces by conquest shall be opened while our military occupa-
tion may continue to the commerce of all neutral nations, as well as our
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Messages and Papers of the Presidents
own, in articles not contraband of war, upon the payment of prescribed
rates of duties, which will be made known and enforced by our military
and naval commanders.
While the adoption of this policy will be to impose a burden on the
enemy, and at the same time to deprive them of the revenue to be derived
from trade at such ports or places, as well as to secure it to ourselves,
whereby the expenses of the war may be diminished, a just regard to the
general interests of commerce and the obvious advantages of uniformity
in the exercise of these belligerent rights require that well-considered
regulations and restrictions should be prepared for the guidance of those
who may be charged with carrying it into effect.
You are therefore instructed to examine the existing Mexican tariff of
duties and report to me a schedule of articles of trade to be admitted at
such ports or places as may be at any time in our military possession,
with such rates of duty on them and also on tonnage as will be likely to
produce the greatest amount of revenue. You will also communicate
the considerations which may recommend the scale of duties which you
may propose, and will submit such regulations as you may deem advisa-
ble in order to enforce their collection.
As the levy of the contribution proposed is a military right, derived
from the laws of nations, the collection and disbursement of the duties
will be made, under the orders of the Secretary of War and the Secretary
of the Navy, by the military and naval commanders at the ports or places
in Mexico which may be in possession of our arms. The report requested
is therefore necessary in order to enable me to give the proper directions
to the War and Navy Departments.
The PRESIDENT.
JAMES K. POLK.
TREASURY DEPARTMENT, March 30, 1847.
SIR: Your instructions of the 23d instant have been received by this
Department, and in conformity thereto I present you herewith, for your
consideration, a scale of duties proposed to be collected as a military
contribution during the war in the ports of Mexico in possession of our
Army or Navy by conquest, with regulations for the ascertainment and
collection of such duties, together with the reasons which appear to me
to recommend their adoption.
It is clear that we must either adopt our own tariff or that of Mexico,
or establish a new system of duties. Our own tariff could not be adopted,
because the Mexican exports and imports are so different from our own
that different rates of duties are indispensable in order to collect the
largest revenue. Thus upon many articles produced in great abundance
here duties must be imposed at the lowest rate in order to collect any
revenue, whereas many of the same articles are not produced in Mexico,
or to a very inconsiderable extent, and would therefore bear there a
James K. Polk
2375
much higher duty for revenue. A great change is also rendered neces-
sary by the proposed exaction of duties on all imports to any Mexican
port in our possession from any other Mexican port occupied by us in
the same manner. This measure would largely increase the revenue
which we might collect. It is recommended, however, for reasons of
obvious safety, that this Mexican coastwise trade should be confined to
our own vessels, as well as the interior trade above any port of entry
in our possession, but that in all other respects the ports of Mexico held
by us should be freely opened at the rate of duties herein recommended
to the vessels and commerce of all the world. The ad valorem system of
duties adopted by us, although by far the most just and equitable, yet
requires an appraisement to ascertain the actual value of every article.
This demands great mercantile skill, knowledge, and experience, and
therefore, for the want of skillful appraisers (a class of officers wholly
unknown in Mexico), could not at once be put into successful operation
there. If also, as proposed, these duties are to be ascertained and col-
lected as a military contribution through the officers of our Army and
Navy, those brave men would more easily perform almost any other duty
than that of estimating the value of every description of goods, wares,
and merchandise.
The system of specific duties already prevails in Mexico, and may be
put by us into immediate operation; and if, as conceded, specific duties
should be more burdensome upon the people of Mexico, the more oner-
ous the operation of these duties upon them the sooner it is likely that
they will force their military rulers to agree to a peace. It is certain
that a mild and forbearing system of warfare, collecting no duties in
their ports in our possession on the Gulf and levying no contributions,
whilst our armies purchase supplies from them at high prices, by render-
ing the war a benefit to the people of Mexico rather than an injury has
not hastened the conclusion of a peace. It may be, however, that spe-
cific duties, onerous as they are, and heavy contributions, accompanied by
a vigorous prosecution of the war, may more speedily insure that peace
which we have failed to obtain from magnanimous forbearance, from
brilliant victories, or from proffered negotiation. The duties, however,
whilst they may be specific, and therefore more onerous than ad valorem
duties, should not be so high as to defeat revenue.
It is impossible to adopt as a basis the tariff of Mexico, because the
duties are extravagantly high, defeating importation, commerce, and rev-
enue and producing innumerable frauds and smuggling. There are also
sixty articles the importation of which into Mexico is strictly prohibited
by their tariff, embracing most of the necessaries of life and far the greater
portion of our products and fabrics.
Among the sixty prohibited articles are sugar, rice, cotton, boots and
half-boots, coffee, nails of all kinds, leather of most kinds, flour, cotton.
yarn and thread, soap of all kinds, common earthenware, lard, molasses,
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Messages and Papers of the Presidents
timber of all kinds, saddles of all kinds, coarse woolen cloth, cloths for
cloaks, ready-made clothing of all kinds, salt, tobacco of all kinds, cotton
goods or textures, chiefly such as are made by ourselves; pork, fresh or
salted, smoked or corned; woolen or cotton blankets or counterpanes,
shoes and slippers, wheat and grain of all kinds. Such is a list of but
part of the articles whose importation is prohibited by the Mexican tariff.
These prohibitions should not be permitted to continue, because they
exclude most of our products and fabrics and prevent the collection of
revenue. We turn from the prohibitions to the actual duties imposed by
Mexico. The duties are specific throughout, and almost universally by
weight, irrespective of value; are generally protective or exorbitant, and
without any discrimination for revenue. The duties proposed to be sub-
stituted are moderate when compared with those imposed by Mexico,
being generally reduced to a standard more than one-half below the Mex-
ican duties. The duties are also based upon a discrimination throughout
for revenue, and, keeping in view the customs and habits of the people
of Mexico, so different from our own, are fixed in each case at that rate
which it is believed will produce in the Mexican ports the largest amount
of revenue.
In order to realize from this system the largest amount of revenue, it
would be necessary that our Army and Navy should seize every impor-
tant port or place upon the Gulf of Mexico or California, or on the Pacific,
and open the way through the interior for the free transit of exports and
imports, and especially that the interior passage through the Mexican
isthmus should be secured from ocean to ocean, for the benefit of our
commerce and that of all the world. This measure, whilst it would
greatly increase our revenue from these duties and facilitate communica-
tion between our forces upon the eastern and western coasts of Mexico,
would probably lead at the conclusion of a peace to results of incalcula-
ble importance to our own commerce and to that of all the world.
In the meantime the Mexican Government monopoly in tobacco, from
which a considerable revenue is realized by Mexico, together with the
culture there which yields that revenue, should be abolished, so as to
diminish the resources of that Government and augment our own by col-
lecting the duty upon all the imported tobacco. The Mexican interior
transit duties should also be abolished, and also their internal Govern-
ment duty on coin and bullion. The prohibition of exports and the
duties upon exports should be annulled, and especially the heavy export
duty on coin and bullion, so as to cheapen and facilitate the purchase of
imports and permit the precious metals, untaxed, to flow out freely from
Mexico into general circulation. Quicksilver and machinery for working
the mines of precious metals in Mexico, for the same reasons, should also
be admitted duty free, which, with the measures above indicated, would
largely increase the production and circulation of the precious metals,
improve our own commerce and industry and that of all neutral powers.
James K. Polk
2377
In thus opening the ports of Mexico to the commerce of the world you
will present to all nations with whom we are at peace the best evidence
of your desire to maintain with them our friendly relations, to render the
war to them productive of as little injury as possible, and even to advance
their interests, so far as it safely can be done, by affording to them in
common with ourselves the advantages of a liberal commerce with Mex-
ico. To extend this commerce, you will have unsealed the ports of
Mexico, repealed their interior transit duties, which obstruct the passage
of merchandise to and from the coast; you will have annulled the Gov-
ernment duty on coin and bullion and abolished the heavy export duties
on the precious metals, so as to permit them to flow out freely for the
benefit of mankind; you will have expunged the long list of their pro-
hibited articles and reduced more than one-half their duties on imports,
whilst the freest scope would be left for the mining of the precious met-
als. These are great advantages which would be secured to friendly
nations, especially when compared with the exclusion of their commerce
by rigorous blockades. It is true, the duties collected from these im-
ports would be for the benefit of our own Government, but it is equally
true that the expenses of the war, which Mexico insists upon prosecuting,
are borne exclusively by ourselves, and not by foreign nations.
It can
not be doubted but that all neutral nations will see in the adoption of
such a course by you a manifestation of your good will toward them and
a strong desire to advance those just and humane principles which make
it the duty of belligerents, as we have always contended, to render the
war in which they are engaged as little injurious as practicable to neu-
tral powers.
These duties would not be imposed upon any imports into our own
country, but only upon imports into Mexico, and the tax would fall
upon the people of Mexico in the enhancement to them of the prices of
these imports. Nearly all our own products are excluded by the Mexi-
can tariff even in time of peace; they are excluded also during the war
so far as we continue the system of blockading any of the ports of Mex-
ico; and they are also excluded even from the ports not blockaded in
possession of Mexico; whereas the new system would soon open to our
commerce all the ports of Mexico as they shall fall into our military pos-
session. Neither our own nor foreign merchants are required to send
any goods to Mexico, and if they do so voluntarily it will be because
they can make a profit upon the importation there, and therefore they
will have no right to complain of the duties levied in the ports of Mexico
upon the consumers of those goods—the people of Mexico. The whole
money collected would inure to the benefit of our own Government and
people, to sustain the war and to prevent to that extent new loans and
increased taxation. Indeed, in view of the fact that the Government is
thrown upon the ordinary revenues for peace, with no other additional
resources but loans to carry on the war, the income to be derived from
77
2378
Messages and Papers of the Presidents
the new system, which it is believed will be large if these suggestions
are adopted, would be highly important to sustain the credit of the Gov-
ernment, to prevent the embarrassment of the Treasury, and to save the
country from such ruinous sacrifices as occurred during the last war,
including the inevitable legacy to posterity of a large public debt and
onerous taxation. The new system would not only arrest the expensive
transfer and ruinous drain of specie to Mexico, but would cause it, in
duties and in return for our exports, to reflow into our country to an
amount, perhaps, soon exceeding the $9,000,000 which it had reached in
1835 even under the restrictive laws of Mexico, thus relieving our own
people from a grievous tax and imposing it where it should fall, upon
our enemies, the people of Mexico, as a contribution levied upon them
to conquer a peace as well as to defray the expenses of the war; whereas
by admitting our exports freely, without duty, into the Mexican ports
which we may occupy from time to time, and affording those goods,
including the necessaries of life, at less than one-half the prices which
they had heretofore paid for them, the war might in time become a
benefit instead of a burden to the people of Mexico, and they would
therefore be unwilling to terminate the contest. It is hoped also that
Mexico, after a peace, will never renew her present prohibitory and pro-
tective system, so nearly resembling that of ancient China or Japan, but
that, liberalized, enlightened, and regenerated by the contact and inter-
course with our people and those of other civilized nations, she will con-
tinue the far more moderate system of duties resembling that prescribed
by these regulations.
In the meantime it is not just that Mexico, by her obstinate persist-
ence in this contest, should compel us to overthrow our own financial
policy and arrest this great nation in her high and prosperous career.
To reimpose high duties would be alike injurious to ourselves and to all
neutral powers, and, unless demanded by a stern necessity, ungenerous to
those enlightened nations which have adopted cotemporaneously with us
a more liberal commercial policy. The system you now propose of im-
posing the burden as far as practicable upon our enemies, the people of
Mexico, and not upon ourselves or upon friendly nations, appears to be
most just in itself, and is further recommended as the only policy which
is likely to hasten the conclusion of a just and honorable peace.
A tonnage duty on all vessels, whether our own or of neutral powers,
of $1 per ton, which is greatly less than that imposed by Mexico, is rec-
ommended in lieu of all port duties and charges. Appended to these
regulations are tables of the rates at which foreign money is fixed by
law, as also a separate table of currencies by usage, in which a certifi-
cate of value is required to be attached to the invoice. There is also
annexed a table of foreign weights and measures reduced to the standard
of the United States, together with blank forms to facilitate the transac-
tion of business.
It is recommended that the duties herein suggested shall be collected
exclusively in gold or silver coin. These duties can only be collected as
James K. Polk
2379
a military contribution through the agency of our brave officers of the
Army and Navy, who will no doubt cheerfully and faithfully collect and
keep these moneys and account for them, not to the Treasury, but to
the Secretaries of War or of the Navy, respectively.
It is recommended that these duties be performed by the commandant
of the port, whether naval or military, aided by the paymaster or purser
or other officer, the accounts of each being countersigned by the other,
as a check upon mistakes or error, in the same manner as is now the case
with the collector and naval officer of our several principal ports, which
has introduced so much order and accuracy in our system. It is sug-
gested that as in some cases the attention of the commandant of the port
might be necessary for the performance of other duties that he be per-
mitted to substitute some other officer, making known the fact to the
Secretaries of War or of the Navy, and subject to their direction.
I have the honor to be, with great respect, your obedient servant,
R. J. WALKER,
Secretary of the Treasury.
WASHINGTON, March 31, 1847.
SIR:* Being charged by the Constitution with the prosecution of the
existing war with Mexico, I deem it proper, in the exercise of an un-
doubted belligerent right, to order that military contributions be levied
upon the enemy in such of their ports or other places as now are or may
be hereafter in the possession of our land and naval forces by conquest,
and that the same be collected and applied toward defraying the expenses
of the war.
As one means of effecting this object, the blockade at such
conquered ports will be raised, and they will be opened to our own com-
merce and that of all neutral nations in articles not contraband of war
during our military occupation of them, and duties on tonnage and
imports will be levied and collected through the agency of our military
and naval officers in command at such ports, acting under orders from
the War and Navy Departments.
I transmit to you herewith, for your information and guidance, a copy
of a communication addressed by me to the Secretary of the Treasury on
the 23d instant, instructing him to examine the existing Mexican tariff
and to report to me, for my consideration, a scale of duties which he
would recommend to be levied on tonnage and imports in such conquered
ports, together with such regulations as he would propose as necessary
and proper in order to carry this policy into effect; and also a copy a
the report of the Secretary of the Treasury made on the 30th instant in
answer to my communication to him. The scale of duties and the regu-
lations for their collection as military contributions exacted from the
enemy, recommended by the Secretary of the Treasury in this report,
have been approved by me.
* Addressed to the Secretaries of War and of the Navy,
→
2380
Messages and Papers of the Presidents
You will, after consulting with the Secretary of the Navy, so as to
secure concert of action between the War and Navy Departments, issue
the necessary orders to carry the measure proposed into immediate effect.
JAMES K. POLK.
The PRESIDENT.
TREASURY DEPARTMENT, June 10, 1847.
SIR: In compliance with your directions, I have examined the ques-
tions presented by the Secretary of War in regard to the military contri-
butions proposed to be levied in Mexico under the tariff and regulations
sanctioned by you on the 31st of March last, and respectfully recommend
the following modifications, namely:
First. On all manufactures of cotton, or of cotton mixed with any
other material except wool, worsted, and silk, in the piece or in any
other form, a duty, as a military contribution, of 30 per cent ad valorem
Second. When goods on which the duties are levied by weight are im-
ported into said ports in the package, the duties shall be collected on the
net weight only; and in all cases an allowance shall be made for all defi-
ciencies, leakage, breakage, or damage proved to have actually occurred
during the voyage of importation, and made known before the goods are
warehoused.
Third. The period named in the eighth of said regulations during
which the goods may remain in warehouse before the payment of duties
is extended from thirty to ninety days, and within said period of ninety
days any portion of the said goods on which the duties, as a military
contribution, have been paid may be taken, after such payment, from
the warehouse and entered free of any further duty at any other port
or ports of Mexico in our military possession, the facts of the case, with
a particular description of said goods and a statement that the duties
thereon have been paid, being certified by the proper officer of the port
or ports of reshipment.
Fourth. It is intended to provide by the treaty of peace that all goods
imported during the war into any of the Mexican ports in our military
possession shall be exempt from any new import duty or confiscation by
Mexico in the same manner as if said goods had been imported and paid
the import duties prescribed by the Government of Mexico.
Most respectfully, your obedient servant,
R. J. WALKER,
Secretary of the Treasury.
JUNE 11, 1847.
The modifications as above recommended by the Secretary of the
Treasury are approved by me, and the Secretary of War and the Sec-
retary of the Navy will give the proper orders to carry them into effect.
JAMES K. POLK.
James K. Polk
2381
The PRESIDENT.
TREASURY DEPARTMENT, November 5, 1847.
SIR: The military contributions in the form of duties upon imports
into Mexican ports have been levied by the Departments of War and of the
Navy during the last six months under your order of the 31st of March
last, and in view of the experience of the practical operation of the sys-
tem I respectfully recommend the following modifications in some of its
details, which will largely augment the revenue:
That the duty on silk, flax, hemp or grass, cotton, wool, worsted or
any manufactures of the same, or of either or mixtures thereof; coffee,
teas, sugar, molasses, tobacco and all manufactures thereof, including
cigars and cigarritos; glass, china, and stoneware, iron and steel and all
manufactures of either not prohibited, be 30 per cent ad valorem; on cop-
per and all manufactures thereof, tallow, tallow candles, soap, fish, beef,
pork, hams, bacon, tongues, butter, lard, cheese, rice, Indian corn and
meal, potatoes, wheat, rye, oats, and all other grain, rye meal and oat
meal, flour, whale and sperm oil, clocks, boots and shoes, pumps, bootees
and slippers, bonnets, hats, caps, beer, ale, porter, cider, timber, boards,
planks, scantling, shingles, laths, pitch, tar, rosin, turpentine, spirits of
turpentine, vinegar, apples, ship bread, hides, leather and manufactures
thereof, and paper of all kinds, 20 per cent ad valorem; and these reduced
rates shall also apply to all goods on which the duties are not paid remain-
ing not exceeding ninety days in deposit in the Mexican ports, introduced
under previous regulations enforcing military contributions.
Yours, most respectfully,
R. J. WALKER,
Secretary of the Treasury.
NOVEMBER 6, 1847.
The modifications as above recommended by the Secretary of the
Treasury are approved by me, and the Secretary of War and the Sec-
retary of the Navy will give the proper orders to carry them into effect.
JAMES K. POLK.
The PRESIDENT.
TREASURY DEPARTMENT, November 16, 1847.
SIR: With a view to augment the military contributions now collected
by the Departments of War and of the Navy under your order of the 31st
of March last, I recommend that the export duty exacted before the war
by the Government of Mexico be now collected at the port of exporta-
tion by the same officers of the Army or Navy of the United States in the
Mexican ports in our possession who are authorized to collect the import
duties, abolishing, however, the prohibition of export established in cer-
tain cases by the Mexican Government, as also all interior transit duties;
dispensing also with the necessity of any certificate of having paid any
duty to the Mexican Government.
2382
Messages and Papers of the Presidents
The export duty would then be as follows:
Gold, coined or wrought....
Silver, coined..
Per cent.
3
6
7
Silver, wrought, with or without certificate of having paid any duty to the Mexican
Government..
•
Silver, refined or pure, wrought in ingots, with or without certificate of having paid
the Mexican Government duty
....
Gold, unwrought or in a state of ore or dust...
Silver, unwrought or in a state of ore.......
737
Where gold or silver in any form is taken from any interior Mexican
city in our military possession, the export duty must be paid there to
the officer of the United States commanding, and his certificate of such
prepayment must be produced at the Mexican port of exportation; other-
wise a double duty will be collected upon the arrival of such gold or
silver at the Mexican port of exportation. Whenever it is practicable,
all internal taxes of every description, whether upon persons or prop-
erty, exacted by the Government of Mexico, or by any department,
town, or city thereof, should be collected by our military officers in pos-
session and appropriated as a military contribution toward defraying the
expenses of the war, excluding however, all duties on the transit of
goods from one department to another, which duties, being prejudicial
to revenue and restrictive of the exchange of imports for exports, were
abolished by your order of the 31st of March last.
Yours, most respectfully,
R. J. WALKER,
Secretary of the Treasury.
NOVEMBER 16, 1847.
The modifications and military contributions as above recommended
by the Secretary of the Treasury are approved by me, and the Secretary
of War and the Secretary of the Navy will give the proper orders to
carry them into effect.
JAMES K. POLK.
THIRD ANNUAL MESSAGE.
WASHINGTON, December 7, 1847.
Fellow-Citizens of the Senate and of the House of Representatives:
The annual meeting of Congress is always an interesting event. The
representatives of the States and of the people come fresh from their
constituents to take counsel together for the common good.
After an existence of near three-fourths of a century as a free and inde-
pendent Republic, the problem no longer remains to be solved whether
man is capable of self-government. The success of our admirable system
is a conclusive refutation of the theories of those in other countries who
James K. Polk
2383
maintain that a favored few" are born to rule and that the mass of
mankind must be governed by force. Subject to no arbitrary or heredi-
tary authority, the people are the only sovereigns recognized by our Con-
stitution.
Numerous emigrants, of every lineage and language, attracted by the
civil and religious freedom we enjoy and by our happy condition, annu-
ally crowd to our shores, and transfer their heart, not less than their
allegiance, to the country whose dominion belongs alone to the people.
No country has been so much favored, or should acknowledge with
deeper reverence the manifestations of the divine protection. An all-
wise Creator directed and guarded us in our infant struggle for freedom
and has constantly watched over our surprising progress until we have
become one of the great nations of the earth.
It is in a country thus favored, and under a Government in which the
executive and legislative branches hold their authority for limited periods
alike from the people, and where all are responsible to their respective
constituencies, that it is again my duty to communicate with Congress
upon the state of the Union and the present condition of public affairs.
During the past year the most gratifying proofs are presented that
our country has been blessed with a widespread and universal prosper-
ity. There has been no period since the Government was founded when
all the industrial pursuits of our people have been more successful or
when labor in all branches of business has received a fairer or better
reward. From our abundance we have been enabled to perform the
pleasing duty of furnishing food for the starving millions of less favored
countries.
In the enjoyment of the bounties of Providence at home such as have
rarely fallen to the lot of any people, it is cause of congratulation that
our intercourse with all the powers of the earth except Mexico continues
to be of an amicable character.
It has ever been our cherished policy to cultivate peace and good will
with all nations, and this policy has been steadily pursued by me.
No change has taken place in our relations with Mexico since the
adjournment of the last Congress. The war in which the United States
were forced to engage with the Government of that country still con-
tinues.
I deem it unnecessary, after the full exposition of them contained in
my message of the 11th of May, 1846, and in my annual message at the
commencement of the session of Congress in December last, to reiterate
the serious causes of complaint which we had against Mexico before she
commenced hostilities.
It is sufficient on the present occasion to say that the wanton violation
of the rights of person and property of our citizens committed by Mexico,
her repeated acts of bad faith through a long series of years, and her
disregard of solemn treaties stipulating for indemnity to our injured
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citizens not only constituted ample cause of war on our part, but were
of such an aggravated character as would have justified us before the
whole world in resorting to this extreme remedy. With an anxious
desire to avoid a rupture between the two countries, we forbore for years
to assert our clear rights by force, and continued to seek redress for the
wrongs we had suffered by amicable negotiation in the hope that Mexico
night yield to pacific counsels and the demands of justice. In this hope
we were disappointed. Our minister of peace sent to Mexico was insult-
ingly rejected. The Mexican Government refused even to hear the
terms of adjustment which he was authorized to propose, and finally,
under wholly unjustifiable pretexts, involved the two countries in war
by invading the territory of the State of Texas, striking the first blow,
and shedding the blood of our citizens on our own soil.
Though the United States were the aggrieved nation, Mexico com-
menced the war, and we were compelled in self-defense to repel the
invader and to vindicate the national honor and interests by prosecuting
it with vigor until we could obtain a just and honorable peace.
On learning that hostilities had been commenced by Mexico I promptly
communicated that fact, accompanied with a succinct statement of our
other causes of complaint against Mexico, to Congress, and that body,
by the act of the 13th of May, 1846, declared that "by the act of the
Republic of Mexico a state of war exists between that Government and
the United States." This act declaring "the war to exist by the act
of the Republic of Mexico," and making provision for its prosecution
"to a speedy and successful termination," was passed with great una-
nimity by Congress, there being but two negative votes in the Senate
and but fourteen in the House of Representatives.
The existence of the war having thus been declared by Congress, it
became my duty under the Constitution and the laws to conduct and
prosecute it. This duty has been performed, and though at every stage
of its progress I have manifested a willingness to terminate it by a just
peace, Mexico has refused to accede to any terms which could be accepted
by the United States consistently with the national honor and interest.
The rapid and brilliant successes of our arms and the vast extent of the
enemy's territory which had been overrun and conquered before the close
of the last session of Congress were fully known to that body. Since
that time the war has been prosecuted with increased energy, and, I am
gratified to state, with a success which commands universal admiration.
History presents no parallel of so many glorious victories achieved by
any nation within so short a period. Our Army, regulars and volun-
teers, have covered themselves with imperishable honors. Whenever
and wherever our forces have encountered the enemy, though he was in
vastly superior numbers and often intrenched in fortified positions of his
own selection and of great strength, he has been defeated. Too much
praise can not be bestowed upon our officers and men, regulars and
James K. Polk
2385
volunteers, for their gallantry, discipline, indomitable courage, and per-
severance, all seeking the post of danger and vying with each other in
deeds of noble daring.
While every patriot's heart must exult and a just national pride ani-
mate every bosom in beholding the high proofs of courage, consummate
military skill, steady discipline, and humanity to the vanquished enemy
exhibited by our gallant Army, the nation is called to mourn over the
loss of many brave officers and soldiers, who have fallen in defense of
their country's honor and interests. The brave dead met their melan-
choly fate in a foreign land, nobly discharging their duty, and with their
country's flag waving triumphantly in the face of the foe. Their patri-
otic deeds are justly appreciated, and will long be remembered by their
grateful countrymen. The parental care of the Government they loved
and served should be extended to their surviving families.
Shortly after the adjournment of the last session of Congress the grati-
fying intelligence was received of the signal victory of Buena Vista, and
of the fall of the city of Vera Cruz, and with it the strong castle of San
Juan de Ulloa, by which it was defended. Believing that after these
and other successes so honorable to our arms and so disastrous to Mex-
ico the period was propitious to afford her another opportunity, if she
thought proper to embrace it, to enter into negotiations for peace, a
commissioner was appointed to proceed to the headquarters of our Army
with full powers to enter upon negotiations and to conclude a just and
honorable treaty of peace. He was not directed to make any new over-
tures of peace, but was the bearer of a dispatch from the Secretary of
State of the United States to the minister of foreign affairs of Mexico,
in reply to one received from the latter of the 22d of February, 1847,
in which the Mexican Government was informed of his appointment
and of his presence at the headquarters of our Army, and that he was
invested with full powers to conclude a definitive treaty of peace when-
ever the Mexican Government might signify a desire to do so. While I
was unwilling to subject the United States to another indignant refusal,
I was yet resolved that the evils of the war should not be protracted a
day longer than might be rendered absolutely necessary by the Mexican
Government.
Care was taken to give no instructions to the commissioner which could
in any way interfere with our military operations or relax our energies in
the prosecution of the war. He possessed no authority in any manner to
control these operations. He was authorized to exhibit his instructions
to the general in command of the Army, and in the event of a treaty
being concluded and ratified on the part of Mexico he was directed to
give him notice of that fact. On the happening of such contingency, and
on receiving notice thereof, the general in command was instructed by
the Secretary of War to suspend further active military operations until
further orders. These instructions were given with a view to intermit
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hostilities until the treaty thus ratified by Mexico could be transmitted
to Washington and receive the action of the Government of the United
States. The commissioner was also directed on reaching the Army to
deliver to the general in command the dispatch which he bore from the
Secretary of State to the minister of foreign affairs of Mexico, and on
receiving it the general was instructed by the Secretary of War to cause
it to be transmitted to the commander of the Mexican forces, with a re-
quest that it might be communicated to his Government.
The commissioner did not reach the headquarters of the Army until
after another brilliant victory had crowned our arms at Cerro Gordo.
The dispatch which he bore from the Secretary of War to the general
in command of the Army was received by that officer, then at Jalapa, on
the 7th of May, 1847, together with the dispatch from the Secretary of
State to the minister of foreign affairs of Mexico, having been transmitted
to him from Vera Cruz. The commissioner arrived at the headquarters
of the Army a few days afterwards. His presence with the Army and
his diplomatic character were made known to the Mexican Government
from Puebla on the 12th of June, 1847, by the transmission of the dis-
patch from the Secretary of State to the minister of foreign affairs of
Mexico.
Many weeks elapsed after its receipt, and no overtures were made nor
was any desire expressed by the Mexican Government to enter into nego-
tiations for peace.
Our Army pursued its march upon the capital, and as it approached
it was met by formidable resistance. Our forces first encountered the
enemy, and achieved signal victories in the severely contested battles of
Contreras and Churubusco. It was not until after these actions had
resulted in decisive victories and the capital of the enemy was within
our power that the Mexican Government manifested any disposition to
enter into negotiations for peace, and even then, as events have proved,
there is too much reason to believe they were insincere, and that in agree-
ing to go through the forms of negotiation the object was to gain time.
to strengthen the defenses of their capital and to prepare for fresh resist-
ance.
The general in command of the Army deemed it expedient to suspend
hostilities temporarily by entering into an armistice with a view to the
opening of negotiations. Commissioners were appointed on the part of
Mexico to meet the commissioner on the part of the United States. The
result of the conferences which took place between these functionaries of
the two Governments was a failure to conclude a treaty of peace.
The commissioner of the United States took with him the project of
a treaty already prepared, by the terms of which the indemnity required
by the United States was a cession of territory.
It is well known that the only indemnity which it is in the power
of Mexico to make in satisfaction of the just and long-deferred claims of
James K. Polk
2387
our citizens against her and the only means by which she can reimburse
the United States for the expenses of the war is a cession to the United
States of a portion of her territory. Mexico has no money to pay, and no
other means of making the required indemnity. If we refuse this, we
can obtain nothing else. To reject indemnity by refusing to accept a ces-
sion of territory would be to abandon all our just demands, and to wage
the war, bearing all its expenses, without a purpose or definite object.
A state of war abrogates treaties previously existing between the bel-
ligerents and a treaty of peace puts an end to all claims for indemnity for
tortious acts committed under the authority of one government against
the citizens or subjects of another unless they are provided for in its stip-
ulations. A treaty of peace which would terminate the existing war
without providing for indemnity would enable Mexico, the acknowledged
debtor and herself the aggressor in the war, to relieve herself from her
just liabilities. By such a treaty our citizens who hold just demands
against her would have no remedy either against Mexico or their own
Government. Our duty to these citizens must forever prevent such a
peace, and no treaty which does not provide ample means of discharging
these demands can receive my sanction.
A treaty of peace should settle all existing differences between the
two countries. If an adequate cession of territory should be made by
such a treaty, the United States should release Mexico from all her lia-
bilities and assume their payment to our own citizens. If instead of
this the United States were to consent to a treaty by which Mexico
should again engage to pay the heavy amount of indebtedness which a
just indemnity to our Government and our citizens would impose on
her, it is notorious that she does not possess the means to meet such an
undertaking. From such a treaty no result could be anticipated but
the same irritating disappointments which have heretofore attended the
violations of similar treaty stipulations on the part of Mexico. Such a
treaty would be but a temporary cessation of hostilities, without the res-
toration of the friendship and good understanding which should charac-
terize the future intercourse between the two countries.
That Congress contemplated the acquisition of territorial indemnity
when that body made provision for the prosecution of the war is obvi-
ous. Congress could not have meant when, in May, 1846, they appro-
priated $10,000,000 and authorized the President to employ the militia
and naval and military forces of the United States and to accept the serv-
ices of 50,000 volunteers to enable him to prosecute the war, and when,
at their last session, and after our Army had invaded Mexico, they made
additional appropriations and authorized the raising of additional troops.
for the same purpose, that no indemnity was to be obtained from Mexico
at the conclusion of the war; and yet it was certain that if no Mexican
territory was acquired no indemnity could be obtained. It is further
manifest that Congress contemplated territorial indemnity from the fact
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Messages and Papers of the Presidents
that at their last session an act was passed, upon the Executive recom-
mendation, appropriating $3,000,000 with that express object. This ap-
propriation was made to enable the President to conclude a treaty of
peace, limits, and boundaries with the Republic of Mexico, to be used by
him in the event that said treaty, when signed by the authorized agents
of the two Governments and duly ratified by Mexico, shall call for the
expenditure of the same or any part thereof." The object of asking this
appropriation was distinctly stated in the several messages on the sub-
ject which I communicated to Congress. Similar appropriations made
in 1803 and 1806, which were referred to, were intended to be applied
in part consideration for the cession of Louisiana and the Floridas. In
like manner it was anticipated that in settling the terms of a treaty of
"limits and boundaries" with Mexico a cession of territory estimated to
be of greater value than the amount of our demands against her might be
obtained, and that the prompt payment of this sum in part consideration.
for the territory ceded, on the conclusion of a treaty and its ratification
on her part, might be an inducement with her to make such a cession
of territory as would be satisfactory to the United States; and although
the failure to conclude such a treaty has rendered it unnecessary to use
any part of the $3,000,000 appropriated by that act, and the entire sum
remains in the Treasury, it is still applicable to that object should the
contingency occur making such application proper.
The doctrine of no territory is the doctrine of no indemnity, and if
sanctioned would be a public acknowledgment that our country was
wrong and that the war declared by Congress with extraordinary una-
nimity was unjust and should be abandoned-an admission unfounded in
fact and degrading to the national character.
The terms of the treaty proposed by the United States were not only
just to Mexico, but, considering the character and amount of our claims,
the unjustifiable and unprovoked commencement of hostilities by her,
the expenses of the war to which we have been subjected, and the suc-
cess which had attended our arms, were deemed to be of a most liberal
character.
The commissioner of the United States was authorized to agree to the
establishment of the Rio Grande as the boundary from its entrance into
the Gulf to its intersection with the southern boundary of New Mexico,
in north latitude about 32°, and to obtain a cession to the United States
of the Provinces of New Mexico and the Californias and the privilege of
the right of way across the Isthmus of Tehuantepec. The boundary
of the Rio Grande and the cession to the United States of New Mexico
and Upper California constituted an ultimatum which our commissioner
was under no circumstances to yield.
That it might be manifest, not only to Mexico, but to all other nations,
that the United States were not disposed to take advantage of a feeble
power by insisting upon wresting from her all the other Provinces, includ-
ing many of her principal towns and cities, which we had conquered and
held in our military occupation, but were willing to conclude a treaty in
James K. Polk
2389
a spirit of liberality, our commissioner was authorized to stipulate for
the restoration to Mexico of all our other conquests.
As the territory to be acquired by the boundary proposed might be
estimated to be of greater value than a fair equivalent for our just
demands, our commissioner was authorized to stipulate for the payment
of such additional pecuniary consideration as was deemed reasonable.
The terms of a treaty proposed by the Mexican commissioners were
wholly inadmissible. They negotiated as if Mexico were the victori-
ous, and not the vanquished, party. They must have known that their
ultimatum could never be accepted. It required the United States to
dismember Texas by surrendering to Mexico that part of the territory
of that State lying between the Nueces and the Rio Grande, included
within her limits by her laws when she was an independent republic,
and when she was annexed to the United States and admitted by Con-
gress as one of the States of our Union. It contained no provision for
the payment by Mexico of the just claims of our citizens. It required
indemnity to Mexican citizens for injuries they may have sustained by
our troops in the prosecution of the war. It demanded the right for
Mexico to levy and collect the Mexican tariff of duties on goods imported
into her ports while in our military occupation during the war, and the
owners of which had paid to officers of the United States the military
contributions which had been levied upon them; and it offered to cede
to the United States, for a pecuniary consideration, that part of Upper
California lying north of latitude 37°. Such were the unreasonable terms
proposed by the Mexican commissioners.
The cession to the United States by Mexico of the Provinces of New
Mexico and the Californias, as proposed by the commissioner of the United
States, it was believed would be more in accordance with the conven-
ience and interests of both nations than any other cession of territory
which it was probable Mexico could be induced to make.
It is manifest to all who have observed the actual condition of the
Mexican Government for some years past and at present that if these
Provinces should be retained by her she could not long continue to hold
and govern them. Mexico is too feeble a power to govern these Prov-
inces, lying as they do at a distance of more than 1,000 miles from her
capital, and if attempted to be retained by her they would constitute but
for a short time even nominally a part of her dominions. This would be
especially the case with Upper California.
The sagacity of powerful European nations has long since directed
their attention to the commercial importance of that Province, and there
can be little doubt that the moment the United States shall relinquish
their present occupation of it and their claim to it as indemnity an effort
would be made by some foreign power to possess it, either by conquest
or by purchase. If no foreign government should acquire it in either of
these modes, an independent revolutionary government would probably
2390
Messages and Papers of the Presidents
be established by the inhabitants and such foreigners as may remain in
or remove to the country as soon as it shall be known that the United
States have abandoned it. Such a government would be too feeble long
to maintain its separate independent existence, and would finally become
annexed to or be a dependent colony of some more powerful state.
Should any foreign government attempt to possess it as a colony, or
otherwise to incorporate it with itself, the principle avowed by Presi-
dent Monroe in 1824, and reaffirmed in my first annual message, that no
foreign power shall with our consent be permitted to plant or establish
any new colony or dominion on any part of the North American conti-
nent must be maintained. In maintaining this principle and in resist-
ing its invasion by any foreign power we might be involved in other
wars more expensive and more difficult than that in which we are now
engaged.
The Provinces of New Mexico and the Californias are contiguous to
the territories of the United States, and if brought under the govern-
ment of our laws their resources-mineral, agricultural, manufacturing,
and commercial-would soon be developed.
Upper California is bounded on the north by our Oregon possessions,
and if held by the United States would soon be settled by a hardy,
enterprising, and intelligent portion of our population. The Bay of San
Francisco and other harbors along the Californian coast would afford shel-
ter for our Navy, for our numerous whale ships, and other merchant
vessels employed in the Pacific Ocean, and would in a short period become
the marts of an extensive and profitable commerce with China and other
countries of the East.
These advantages, in which the whole commercial world would par-
ticipate, would at once be secured to the United States by the cession of
this territory; while it is certain that as long as it remains a part of the
Mexican dominions they can be enjoyed neither by Mexico herself nor
by any other nation.
New Mexico is a frontier Province, and has never been of any consider-
able value to Mexico. From its locality it is naturally connected with our
Western settlements. The territorial limits of the State of Texas, too,
as defined by her laws before her admission into our Union, embrace all
that portion of New Mexico lying east of the Rio Grande, while Mexico
still claims to hold this territory as a part of her dominions. The adjust
ment of this question of boundary is important.
There is another consideration which induced the belief that the Mexi-
can Government might even desire to place this Province under the
protection of the Government of the United States. Numerous bands of
fierce and warlike savages wander over it and upon its borders. Mexico
has been and must continue to be too feeble to restrain them from com-
mitting depredations, robberies, and murders, not only upon the inhabit-
ants of New Mexico itself, but upon those of the other northern States
James K. Polk
2391
of Mexico. It would be a blessing to all these northern States to have
their citizens protected against them by the power of the United States.
At this moment many Mexicans, principally females and children, are in
captivity among them. If New Mexico were held and governed by the
United States, we could effectually prevent these tribes from committing
such outrages, and compel them to release these captives and restore
them to their families and friends.
In proposing to acquire New Mexico and the Californias, it was known
that but an inconsiderable portion of the Mexican people would be trans-
ferred with them, the country embraced within these Provinces being
chiefly an uninhabited region.
These were the leading considerations which induced me to authorize
the terms of peace which were proposed to Mexico. They were rejected,
and, negotiations being at an end, hostilities were renewed. An assault
was made by our gallant Army upon the strongly fortified places near
the gates of the City of Mexico and upon the city itself, and after sev-
eral days of severe conflict the Mexican forces, vastly superior in number
to our own, were driven from the city, and it was occupied by our troops.
Immediately after information was received of the unfavorable result
of the negotiations, believing that his continued presence with the Army
could be productive of no good, I determined to recall our commissioner.
A dispatch to this effect was transmitted to him on the 6th of October
last. The Mexican Government will be informed of his recall, and that
in the existing state of things I shall not deem it proper to make any
further overtures of peace, but shall be at all times ready to receive and
consider any proposals which may be made by Mexico.
Since the liberal proposition of the United States was authorized to be
made, in April last, large expenditures have been incurred and the pre-
cious blood of many of our patriotic fellow-citizens has been shed in the
prosecution of the war. This consideration and the obstinate persever-
ance of Mexico in protracting the war must influence the terms of peace
which it may be deemed proper hereafter to accept.
Our arms having been everywhere victorious, having subjected to our
military occupation a large portion of the enemy's country, including
his capital, and negotiations for peace having failed, the important ques-
tions arise, in what manner the war ought to be prosecuted and what
should be our future policy. I can not doubt that we should secure and
render available the conquests which we have already made, and that
with this view we should hold and occupy by our naval and military
forces all the ports, towns, cities, and Provinces now in our occupation
or which may hereafter fall into our possession; that we should press
forward our military operations and levy such military contributions
on the enemy as may, as far as practicable, defray the future expenses
of the war.
Had the Government of Mexico acceded to the equitable and liberal
2392
Messages and Papers of the Presidents
terms proposed, that mode of adjustment would have been preferred.
Mexico having declined to do this and failed to offer any other terms
which could be accepted by the United States, the national honor, no less
than the public interests, requires that the war should be prosecuted with
increased energy and power until a just and satisfactory peace can be
obtained. In the meantime, as Mexico refuses all indemnity, we should
adopt measures to indemnify ourselves by appropriating permanently a
portion of her territory. Early after the commencement of the war New
Mexico and the Californias were taken possession of by our forces. Our
military and naval commanders were ordered to conquer and hold them,
subject to be disposed of by a treaty of peace.
These Provinces are now in our undisputed occupation, and have been
so for many months, all resistance on the part of Mexico having ceased
within their limits. I am satisfied that they should never be surrendered
to Mexico. Should Congress concur with me in this opinion, and that
they should be retained by the United States as indemnity, I can perceive
no good reason why the civil jurisdiction and laws of the United States
should not at once be extended over them. To wait for a treaty of peace
such as we are willing to make, by which our relations toward them
would not be changed, can not be good policy; whilst our own interest
and that of the people inhabiting them require that a stable, responsi-
ble, and free government under our authority should as soon as possible
be established over them. Should Congress, therefore, determine to hold
these Provinces permanently, and that they shall hereafter be considered
as constituent parts of our country, the early establishment of Territorial
governments over them will be important for the more perfect protection
of persons and property; and I recommend that such Territorial govern-
ments be established. It will promote peace and tranquillity among the
inhabitants, by allaying all apprehension that they may still entertain of
being again subjected to the jurisdiction of Mexico. I invite the early
and favorable consideration of Congress to this important subject.
Besides New Mexico and the Californias, there are other Mexican
Provinces which have been reduced to our possession by conquest. These
other Mexican Provinces are now governed by our military and naval
commanders under the general authority which is conferred upon a con-
queror by the laws of war. They should continue to be held, as a means
of coercing Mexico to accede to just terms of peace. Civil as well as mili-
tary officers are required to conduct such a government. Adequate com-
pensation, to be drawn from contributions levied on the enemy, should be
fixed by law for such officers as may be thus employed. What further pro-
vision may become necessary and what final disposition it may be proper
to make of them must depend on the future progress of the war and the
course which Mexico may think proper hereafter to pursue.
With the views I entertain I can not favor the policy which has been
suggested, either to withdraw our Army altogether or to retire to a des-
ignated line and simply hold and defend it. To withdraw our Army
SIEGE AND CAPTURE OF VERA CRUZ
Gen. Winfield Scott reached the mouth of the Rio Grande in January,
1847. On March 9th 12,000 troops were landed near Vera Cruz. By
March 13th the city and its island fortress, called the Castle of San Juan
de Ulloa, which the Mexicans considered invulnerable, were thoroughly
invested. On March 22d Scott was ready to commence the bombardment,
and demanded the surrender of the city, called "the key to the country."
The demand being refused, the artillerymen commenced to throw iron into
the city, firing during the brief bombardment 6700 rounds of shot and shell.
On March 26th overtures were made by the besieged, and on the 29th the
place was handed over. Five thousand Mexicans marched out and laid
down their arms, munitions and flags. One thousand Mexicans were killed
and an indefinite number were wounded. The American forces lost only 80
men in killed and wounded.
See the article "Vera Cruz, Mexico, Siege and Capture of," in the Ency-
clopedic Index.
James K. Polk
2393
altogether from the conquests they have made by deeds of unparalleled
bravery, and at the expense of so much blood and treasure, in a just war
on our part, and one which, by the act of the enemy, we could not honor-
ably have avoided, would be to degrade the nation in its own estimation
and in that of the world. To retire to a line and simply hold and defend
it would not terminate the war. On the contrary, it would encourage
Mexico to persevere and tend to protract it indefinitely. It is not to be
expected that Mexico, after refusing to establish such a line as a perma-
nent boundary when our victorious Army are in possession of her capital
and in the heart of her country, would permit us to hold it without resist-
ance. That she would continue the war, and in the most harassing and
annoying forms, there can be no doubt. A border warfare of the most
savage character, extending over a long line, would be unceasingly waged.
It would require a large army to be kept constantly in the field, stationed
at posts and garrisons along such a line, to protect and defend it. The
enemy, relieved from the pressure of our arms on his coasts and in the
populous parts of the interior, would direct his attention to this line, and,
selecting an isolated post for attack, would concentrate his forces upon it.
This would be a condition of affairs which the Mexicans, pursuing their
favorite system of guerrilla warfare, would probably prefer to any other.
Were we to assume a defensive attitude on such a line, all the advantages
of such a state of war would be on the side of the enemy. We could levy
no contributions upon him, or in any other way make him feel the pres-
sure of the war, but must remain inactive and await his approach, being
in constant uncertainty at what point on the line or at what time he might
make an assault. He may assemble and organize an overwhelming force
in the interior on his own side of the line, and, concealing his purpose,
make a sudden assault upon some one of our posts so distant from any
other as to prevent the possibility of timely succor or reenforcements,
and in this way our gallant Army would be exposed to the danger of
being cut off in detail; or if by their unequaled bravery and prowess
everywhere exhibited during this war they should repulse the enemy,
their numbers stationed at any one post may be too small to pursue him.
If the enemy be repulsed in one attack, he would have nothing to do but
to retreat to his own side of the line, and, being in no fear of a pursuing
army, may reenforce himself at leisure for another attack on the same or
some other post. He may, too, cross the line between our posts, make
rapid incursions into the country which we hold, murder the inhabitants,
commit depredations on them, and then retreat to the interior before a
sufficient force can be concentrated to pursue him. Such would probably
be the harassing character of a mere defensive war on our part. If our
forces when attacked, or threatened with attack, be permitted to cross
the line, drive back the enemy, and conquer him, this would be again to
invade the enemy's country after having lost all the advantages of the
conquests we have already made by having voluntarily abandoned them.
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To hold such a line successfully and in security it is far from being cer-
tain that it would not require as large an army as would be necessary to
hold all the conquests we have already made and to continue the prose-
cution of the war in the heart of the enemy's country. It is also far
from being certain that the expenses of the war would be diminished by
such a policy.
I am persuaded that the best means of vindicating the national honor
and interest and of bringing the war to an honorable close will be to
prosecute it with increased energy and power in the vital parts of the
enemy's country.
In my annual message to Congress of December last I declared that—
The war has not been waged with a view to conquest, but, having been com-
menced by Mexico, it has been carried into the enemy's country and will be vigor-
ously prosecuted there with a view to obtain an honorable peace, and thereby secure
ample indemnity for the expenses of the war, as well as to our much-injured citizens,
who hold large pecuniary demands against Mexico.
Such, in my judgment, continues to be our true policy; indeed, the
only policy which will probably secure a permanent peace.
It has never been contemplated by me, as an object of the war, to
make a permanent conquest of the Republic of Mexico or to annihilate
her separate existence as an independent nation. On the contrary, it
has ever been my desire that she should maintain her nationality, and
under a good government adapted to her condition be a free, independ-
ent, and prosperous Republic. The United States were the first among
the nations to recognize her independence, and have always desired to
be on terms of amity and good neighborhood with her. This she would
not suffer. By her own conduct we have been compelled to engage in
the present war. In its prosecution we seek not her overthrow as a
nation, but in vindicating our national honor we seek to obtain redress.
for the wrongs she has done us and indemnity for our just demands
against her. We demand an honorable peace, and that peace must
bring with it indemnity for the past and security for the future. Hith-
erto Mexico has refused all accommodation by which such a peace could
be obtained.
Whilst our armies have advanced from victory to victory from the
commencement of the war, it has always been with the olive branch of
peace in their hands, and it has been in the power of Mexico at every
step to arrest hostilities by accepting it.
One great obstacle to the attainment of peace has undoubtedly arisen
from the fact that Mexico has been so long held in subjection by one
faction or military usurper after another, and such has been the condition
of insecurity in which their successive governments have been placed
that each has been deterred from making peace lest for this very cause
a rival faction might expel it from power. Such was the fate of Presi-
dent Herrera's administration in 1845 for being disposed even to listen
James K. Polk
2395
to the overtures of the United States to prevent the war, as is fully con-
firmed by an official correspondence which took place in the month of
August last between him and his Government, a copy of which is here-
with communicated. "For this cause alone the revolution which dis-
placed him from power was set on foot" by General Paredes. Such may
be the condition of insecurity of the present Government.
There can be no doubt that the peaceable and well-disposed inhabit-
ants of Mexico are convinced that it is the true interest of their country
to conclude an honorable peace with the United States, but the appre-
hension of becoming the victims of some military faction or usurper may
have prevented them from manifesting their feelings by any public act.
The removal of any such apprehension would probably cause them to
speak their sentiments freely and to adopt the measures necessary for the
restoration of peace. With a people distracted and divided by contend-
ing factions and a Government subject to constant changes by successive
revolutions, the continued successes of our arms may fail to secure a satis-
factory peace. In such event it may become proper for our commanding
generals in the field to give encouragement and assurances of protection
to the friends of peace in Mexico in the establishment and maintenance
of a free republican government of their own choice, able and willing
to conclude a peace which would be just to them and secure to us the
indemnity we demand. This may become the only mode of obtaining
such a peace. Should such be the result, the war which Mexico has
forced upon us would thus be converted into an enduring blessing to
herself. After finding her torn and distracted by factions, and ruled by
military usurpers, we should then leave her with a republican govern-
ment in the enjoyment of real independence and domestic peace and
prosperity, performing all her relative duties in the great family of
nations and promoting her own happiness by wise laws and their faithful
execution.
If, after affording this encouragement and protection, and after all the
persevering and sincere efforts we have made from the moment Mexico
commenced the war, and prior to that time, to adjust our differences with
her, we shall ultimately fail, then we shall have exhausted all honorable
means in pursuit of peace, and must continue to occupy her country with
our troops, taking the full measure of indemnity into our own hands,
and must enforce the terms which our honor demands.
To act otherwise in the existing state of things in Mexico, and to with-
draw our Army without a peace, would not only leave all the wrongs of
which we complain unredressed, but would be the signal for new and
fierce civil dissensions and new revolutions-all alike hostile to peaceful
relations with the United States. Besides, there is danger, if our troops
were withdrawn before a peace was concluded, that the Mexican people,
wearied with successive revolutions and deprived of protection for their
persons and property, might at length be inclined to yield to foreign.
2396
Messages and Papers of the Presidents
influences and to cast themselves into the arms of some European mon-
arch for protection from the anarchy and suffering which would ensue.
This, for our own safety and in pursuance of our established policy, we
should be compelled to resist. We could never consent that Mexico
should be thus converted into a monarchy governed by a foreign prince.
Mexico is our near neighbor, and her boundaries are coterminous with
our own through the whole extent across the North American continent,
from ocean to ocean. Both politically and commercially we have the
deepest interest in her regeneration and prosperity. Indeed, it is impos-
sible that, with any just regard to our own safety, we can ever become
indifferent to her fate.
It may be that the Mexican Government and people have misconstrued
or misunderstood our forbearance and our objects in desiring to conclude
an amicable adjustment of the existing differences between the two coun-
tries. They may have supposed that we would submit to terms degrading
to the nation, or they may have drawn false inferences from the sup-
posed division of opinion in the United States on the subject of the war,
and may have calculated to gain much by protracting it, and, indeed,
that we might ultimately abandon it altogether without insisting on any
indemnity, territorial or otherwise. Whatever may be the false impres-
sions under which they have acted, the adoption and prosecution of the
energetic policy proposed must soon undeceive them.
In the future prosecution of the war the enemy must be made to feel
its pressure more than they have heretofore done. At its commence-
ment it was deemed proper to conduct it in a spirit of forbearance and
liberality. With this end in view, early measures were adopted to con-
ciliate, as far as a state of war would permit, the mass of the Mexican
population; to convince them that the war was waged, not against the
peaceful inhabitants of Mexico, but against their faithless Government,
which had commenced hostilities; to remove from their minds the false
impressions which their designing and interested rulers had artfully
attempted to make, that the war on our part was one of conquest, that
it was a war against their religion and their churches, which were to be
desecrated and overthrown, and that their rights of person and private
property would be violated. To remove these false impressions, our com-
manders in the field were directed scrupulously to respect their religion,
their churches, and their church property, which were in no manner to
be violated; they were directed also to respect the rights of persons and
property of all who should not take up arms against us.
Assurances to this effect were given to the Mexican people by Major-
General Taylor in a proclamation issued in pursuance of instructions
from the Secretary of War in the month of June, 1846, and again by
Major-General Scott, who acted upon his own convictions of the pro-
priety of issuing it, in a proclamation of the 11th of May, 1847. In this
spirit of liberality and conciliation, and with a view to prevent the body
of the Mexican population from taking up arms against us, was the war
conducted on our part. Provisions and other supplies furnished to our
James K. Polk
2397
Army by Mexican citizens were paid for at fair and liberal prices, agreed
upon by the parties. After the lapse of a few months it became appar-
ent that these assurances and this mild treatment had failed to produce
tae desired effect upon the Mexican population. While the war had
been conducted on our part according to the most humane and liberal
principles observed by civilized nations, it was waged in a far different
spirit on the part of Mexico. Not appreciating our forbearance, the Mex-
ican people generally became hostile to the United States, and availed
themselves of every opportunity to commit the most savage excesses upon
our troops. Large numbers of the population took up arms, and, engag-
ing in guerrilla warfare, robbed and murdered in the most cruel manner
individual soldiers or small parties whom accident or other causes had
separated from the main body of our Army; bands of guerrilleros and
robbers infested the roads, harassed our trains, and whenever it was in
their power cut off our supplies.
The Mexicans having thus shown themselves to be wholly incapable
of appreciating our forbearance and liberality, it was deemed proper to
change the manner of conducting the war, by making them feel its pres-
sure according to the usages observed under similar circumstances by all
other civilized nations.
Accordingly, as early as the 22d of September, 1846, instructions were
given by the Secretary of War to Major-General Taylor to "draw sup-
plies" for our Army "from the enemy without paying for them, and
to require contributions for its support, if in that way he was satisfied
he could get abundant supplies for his forces." In directing the exe-
cution of these instructions much was necessarily left to the discretion
of the commanding officer, who was best acquainted with the circum-
stances by which he was surrounded, the wants of the Army, and the
practicability of enforcing the measure. General Taylor, on the 26th of
October, 1846, replied from Monterey that "it would have been impossi-
ble hitherto, and is so now, to sustain the Army to any extent by forced
contributions of money or supplies." For the reasons assigned by him,
he did not adopt the policy of his instructions, but declared his readi-
ness to do so "should the Army in its future operations reach a portion
of the country which may be made to supply the troops with advantage.
He continued to pay for the articles of supply which were drawn from
the enemy's country.
Similar instructions were issued to Major-General Scott on the 3d of
April, 1847, who replied from Jalapa on the 20th of May, 1847, that
if it be expected "that the Army is to support itself by forced contribu-
tions levied upon the country we may ruin and exasperate the inhabit-
ants and starve ourselves." The same discretion was given to him that
had been to General Taylor in this respect. General Scott, for the rea-
sons assigned by him, also continued to pay for the articles of supply for
the Army which were drawn from the enemy.
After the Army had reached the heart of the most wealthy portion of
Mexico it was supposed that the obstacles which had before that time
2398
Messages and Papers of the Presidents
prevented it would not be such as to render impracticable the levy of
forced contributions for its support, and on the 1st of September and
again on the 6th of October, 1847, the order was repeated in dispatches
addressed by the Secretary of War to General Scott, and his attention
was again called to the importance of making the enemy bear the bur-
dens of the war by requiring them to furnish the means of supporting our
Army, and he was directed to adopt this policy unless by doing so there
was danger of depriving the Army of the necessary supplies. Copies of
these dispatches were forwarded to General Taylor for his government.
On the 31st of March last I caused an order to be issued to our mili-
tary and naval commanders to levy and collect a military contribution
upon all vessels and merchandise which might enter any of the ports
of Mexico in our military occupation, and to apply such contributions
toward defraying the expenses of the war. By virtue of the right of
conquest and the laws of war, the conqueror, consulting his own safety
or convenience, may either exclude foreign commerce altogether from
all such ports or permit it upon such terms and conditions as he may
prescribe. Before the principal ports of Mexico were blockaded by our
Navy the revenue derived from import duties under the laws of Mexico
was paid into the Mexican treasury. After these ports had fallen into
our military possession the blockade was raised and commerce with them
permitted upon prescribed terms and conditions. They were opened to
the trade of all nations upon the payment of duties more moderate in
their amount than those which had been previously levied by Mexico,
and the revenue, which was formerly paid into the Mexican treasury, was
directed to be collected by our military and naval officers and applied to
the use of our Army and Navy. Care was taken that the officers, sol-
diers, and sailors of our Army and Navy should be exempted from the
operations of the order, and, as the merchandise imported upon which
the order operated must be consumed by Mexican citizens, the contribu-
tions exacted were in effect the seizure of the public revenues of Mexico
and the application of them to our own use. In directing this measure
the object was to compel the enemy to contribute as far as practicable
toward the expenses of the war.
For the amount of contributions which have been levied in this form I
refer you to the accompanying reports of the Secretary of War and of the
Secretary of the Navy, by which it appears that a sum exceeding half a
million of dollars has been collected. This amount would undoubtedly
have been much larger but for the difficulty of keeping open communica-
tions between the coast and the interior, so as to enable the owners of
the merchandise imported to transport and vend it to the inhabitants
of the country. It is confidently expected that this difficulty will to a
great extent be soon removed by our increased forces which have been
sent to the field.
Measures have recently been adopted by which the internal as well as
James K. Polk
2399
the external revenues of Mexico in all places in our military occupation
will be seized and appropriated to the use of our Army and Navy.
The policy of levying upon the enemy contributions in every form
consistently with the laws of nations, which it may be practicable for
our military commanders to adopt, should, in my judgment, be rigidly
enforced, and orders to this effect have accordingly been given. By such
a policy, at the same time that our own Treasury will be relieved from a
heavy drain, the Mexican people will be made to feel the burdens of the
war, and, consulting their own interests, may be induced the more readily
to require their rulers to accede to a just peace.
After the adjournment of the last session of Congress events trans-
pired in the prosecution of the war which in my judgment required a
greater number of troops in the field than had been anticipated. The
strength of the Army was accordingly increased by "accepting" the serv-
ices of all the volunteer forces authorized by the act of the 13th of May,
1846, without putting a construction on that act the correctness of which
was seriously questioned. The volunteer forces now in the field, with
those which had been "accepted" to "serve for twelve months” and
were discharged at the end of their term of service, exhaust the 50,000
men authorized by that act. Had it been clear that a proper construc-
tion of the act warranted it, the services of an additional number would
have been called for and accepted; but doubts existing upon this point,
the power was not exercised. It is deemed important that Congress
should at an early period of their session confer the authority to raise an
additional regular force to serve during the war with Mexico and to be
discharged upon the conclusion and ratification of a treaty of peace. I
invite the attention of Congress to the views presented by the Secretary
of War in his report upon this subject.
I recommend also that authority be given by law to call for and ac-
cept the services of an additional number of volunteers, to be exercised
at such time and to such extent as the emergencies of the service may
require.
In prosecuting the war with Mexico, whilst the utmost care has been
taken to avoid every just cause of complaint on the part of neutral
nations, and none has been given, liberal privileges have been granted
to their commerce in the ports of the enemy in our military occupation.
The difficulty with the Brazilian Government, which at one time
threatened to interrupt the friendly relations between the two countries,
will, I trust, be speedily adjusted. I have received information that an
envoy extraordinary and minister plenipotentiary to the United States
will shortly be appointed by His Imperial Majesty, and it is hoped that
he will come instructed and prepared to adjust all remaining differences
between the two Governments in a manner acceptable and honorable to
both. In the meantime, I have every reason to believe that nothing
will occur to interrupt our amicable relations with Brazil.
2400
Messages and Papers of the Presidents
It has been my constant effort to maintain and cultivate the most inti-
mate relations of friendship with all the independent powers of South
America, and this policy has been attended with the happiest results.
It is true that the settlement and payment of many just claims of Ameri-
can citizens against these nations have been long delayed. The peculiar
position in which they have been placed and the desire on the part of
my predecessors as well as myself to grant them the utmost indulgence
have hitherto prevented these claims from being urged in a manner
demanded by strict justice. The time has arrived when they ought to
be finally adjusted and liquidated, and efforts are now making for that
purpose.
It is proper to inform you that the Government of Peru has in good
faith paid the first two installments of the indemnity of $30,000 each,
and the greater portion of the interest due thereon, in execution of the
convention between that Government and the United States the ratifi-
cations of which were exchanged at Lima on the 31st of October, 1846.
The Attorney-General of the United States early in August last com-
pleted the adjudication of the claims under this convention, and made
his report thereon in pursuance of the act of the 8th of August, 1846.
The sums to which the claimants are respectively entitled will be paid
on demand at the Treasury.
I invite the early attention of Congress to the present condition of
our citizens in China. Under our treaty with that power American
citizens are withdrawn from the jurisdiction, whether civil or criminal,
of the Chinese Government and placed under that of our public func-
tionaries in that country. By these alone can our citizens be tried and
punished for the commission of any crime; by these alone can questions
be decided between them involving the rights of persons and property,
and by these alone can contracts be enforced into which they may have
entered with the citizens or subjects of foreign powers. The merchant
vessels of the United States lying in the waters of the five ports of
China open to foreign commerce are under the exclusive jurisdiction of
officers of their own Government. Until Congress shall establish com-
petent tribunals to try and punish crimes and to exercise jurisdiction in
civil cases in China, American citizens there are subject to no law what-
ever. Crimes may be committed with impunity and debts may be con-
tracted without any means to enforce their payment. Inconveniences
have already resulted from the omission of Congress to legislate upon the
subject, and still greater are apprehended. The British authorities in
China have already complained that this Government has not provided
for the punishment of crimes or the enforcement of contracts against
American citizens in that country, whilst their Government has estab-
lished tribunals by which an American citizen can recover debts due
from British subjects.
Accustomed, as the Chinese are, to summary justice, they could not
James K. Polk
2401
be made to comprehend why criminals who are citizens of the United
States should escape with impunity, in violation of treaty obligations,
whilst the punishment of a Chinese who had committed any crime against
an American citizen would be rigorously exacted. Indeed, the conse-
quences might be fatal to American citizens in China should a flagrant
crime be committed by any one of them upon a Chinese, and should trial
and punishment not follow according to the requisitions of the treaty.
This might disturb, if not destroy, our friendly relations with that Em-
pire, and cause an interruption of our valuable commerce.
Our treaties with the Sublime Porte, Tripoli, Tunis, Morocco, and
Muscat also require the legislation of Congress to carry them into exe-
cution, though the necessity for immediate action may not be so urgent
as in regard to China.
The Secretary of State has submitted an estimate to defray the expense
of opening diplomatic relations with the Papal States. The interesting.
political events now in progress in these States, as well as a just regard to
our commercial interests, have, in my opinion, rendered such a measure
highly expedient.
Estimates have also been submitted for the outfits and salaries of
chargés d'affaires to the Republics of Bolivia, Guatemala, and Ecuador.
The manifest importance of cultivating the most friendly relations with
all the independent States upon this continent has induced me to recom-
mend appropriations necessary for the maintenance of these missions.
I recommend to Congress that an appropriation be made to be paid to
the Spanish Government for the purpose of distribution among the claim-
ants in the Amistad case. I entertain the conviction that this is due
to Spain under the treaty of the 20th of October, 1795, and, moreover,
that from the earnest manner in which the claim continues to be urged
so long as it shall remain unsettled it will be a source of irritation and
discord between the two countries, which may prove highly prejudicial
to the interests of the United States. Good policy, no less than a faithful
compliance with our treaty obligations, requires that the inconsiderable
appropriation demanded should be made.
A detailed statement of the condition of the finances will be presented
in the annual report of the Secretary of the Treasury. The imports for
the last fiscal year, ending on the 30th of June, 1847, were of the value
of $146,545,638, of which the amount exported was $8,011,158, leaving
$138,534,480 in the country for domestic use. The value of the exports
for the same period was $158,648,622, of which $150,637,464 consisted
of domestic productions and $8,011,158 of foreign articles.
The receipts into the Treasury for the same period amounted to $26,-
346,790.37, of which there was derived from customs $23,747,864.66,
from sales of public lands $2,498,335.20, and from incidental and mis-
cellaneous sources $100,570.51. The last fiscal year, during which this
amount was received, embraced five months under the operation of the
2402
Messages and Papers of the Presidents
tariff act of 1842 and seven months during which the tariff act of 1846
was in force. During the five months under the act of 1842 the amount
received from customs was $7,842,306.90, and during the seven months
under the act of 1846 the amount received was $15,905,557.76.
The net revenue from customs during the year ending on the 1st of
December, 1846, being the last year under the operation of the tariff act
of 1842, was $22,971,403.10, and the net revenue from customs during
the year ending on the 1st of December, 1847, being the first year under
the operations of the tariff act of 1846, was about $31,500,000, being an
increase of revenue for the first year under the tariff of 1846 of more than
$8,500,000 over that of the last year under the tariff of 1842.
The expenditures during the fiscal year ending on the 30th of June
last were $59,451,177.65, of which $3,522,082.37 was on account of
payment of principal and interest of the public debt, including Treas
ury notes redeemed and not funded. The expenditures exclusive of
payment of public debt were $55,929,095.28.
It is estimated that the receipts into the Treasury for the fiscal year
ending on the 30th of June, 1848, including the balance in the Treas-
ury on the 1st of July last, will amount to $42,886,545.80, of which
$31,000,000, it is estimated, will be derived from customs, $3,500,000
from the sale of the public lands, $400,000 from incidental .sources,
cluding sales made by the Solicitor of the Treasury, and $6,285,294.55
from loans already authorized by law, which, together with the balance
in the Treasury on the 1st of July last, make the sum estimated.
in-
The expenditures for the same period, if peace with Mexico shall
not be concluded and the Army shall be increased as is proposed, will
amount, including the necessary payments on account of principal and
interest of the public debt and Treasury notes, to $58,615,660.07.
On the 1st of the present month the amount of the public debt actu-
ally incurred, including Treasury notes, was $45,659,659.40. The pub-
lic debt due on the 4th of March, 1845, including Treasury notes, was
$17,788,799.62, and consequently the addition made to the public debt
since that time is $27,870,859.78.
Of the loan of twenty-three millions authorized by the act of the 28th
of January, 1847, the sum of five millions was paid out to the public
creditors or exchanged at par for specie; the remaining eighteen millions
was offered for specie to the highest bidder not below par, by an adver-
tisement issued by the Secretary of the Treasury and published from the
9th of February until the 10th of April, 1847, when it was awarded to
the several highest bidders at premiums varying from one-eighth of I
per cent to 2 per cent above par. The premium has been paid into the
Treasury and the sums awarded deposited in specie in the Treasury as
fast as it was required by the wants of the Government.
To meet the expenditures for the remainder of the present and for the
next fiscal year, ending on the 30th of June, 1849, a further loan in aid of
James K. Polk
2403
Retaining
the ordinary revenues of the Government will be necessary.
a sufficient surplus in the Treasury, the loan required for the remainder
of the present fiscal year will be about $18,500,000. If the duty on tea
and coffee be imposed and the graduation of the price of the public
lands shall be made at an early period of your session, as recommended,
the loan for the present fiscal year may be reduced to $17,000,000. The
loan may be further reduced by whatever amount of expenditures can be
saved by military contributions collected in Mexico. The most vigorous
measures for the augmentation of these contributions have been directed
and a very considerable sum is expected from that source. Its amount
can not, however, be calculated with any certainty. It is recommended
that the loan to be made be authorized upon the same terms and for the
same time as that which was authorized under the provisions of the act
of the 28th of January, 1847.
Should the war with Mexico be continued until the 30th of June, 1849,
it is estimated that a further loan of $20,500,000 will be required for
the fiscal year ending on that day, in case no duty be imposed on tea and
coffee, and the public lands be not reduced and graduated in price, and no
military contributions shall be collected in Mexico. If the duty on tea
and coffee be imposed and the lands be reduced and graduated in price
as proposed, the loan may be reduced to $17,000,000, and will be subject
to be still further reduced by the amount of the military contributions
which may be collected in Mexico. It is not proposed, however, at
present to ask Congress for authority to negotiate this loan for the next
fiscal year, as it is hoped that the loan asked for the remainder of the
present Escal year, aided by military contributions which may be col-
lected in Mexico, may be sufficient. If, contrary to my expectation,
there should be a necessity for it, the fact will be communicated to Con-
gress in time for their action during the present session. In no event
will a sum exceeding $6,000,00 of this amount be needed before the
meeting of the session of Congress in December, 1848.
The act of the 30th of July, 1846, "reducing the duties on imports,”
has been in force since the 1st of December last, and I am gratified to
state that all the beneficial effects which were anticipated from its opera-
tion have been fully realized. The public revenue derived from customs
during the year ending on the 1st of December, 1847, exceeds by more
than $8,000,000 the amount received in the preceding year under the
operation of the act of 1842, which was superseded and repealed by it.
Its effects are visible in the great and almost unexampled prosperity
which prevails in every branch of business.
While the repeal of the prohibitory and restrictive duties of the act
of 1842 and the substitution in their place of reasonable revenue rates
levied on articles imported according to their actual value has increased
the revenue and augmented our foreign trade, all the great interests
of the country have been advanced and promoted.
2404
Messages and Papers of the Presidents
The great and important interests of agriculture, which had been not
only too much neglected, but actually taxed under the protective policy
for the benefit of other interests, have been relieved of the burdens
which that policy imposed on them; and our farmers and planters, under
a more just and liberal commercial policy, are finding new and profitable
markets abroad for their augmented products. Our commerce is rapidly
increasing, and is extending more widely the circle of international ex-
changes. Great as has been the increase of our imports during the past.
year, our exports of domestic products sold in foreign markets have been
still greater.
Our navigating interest is eminently prosperous. The number of ves-
sels built in the United States has been greater than during any pre-
ceding period of equal length. Large profits have been derived by those
who have constructed as well as by those who have navigated them.
Should the ratio of increase in the number of our merchant vessels be
progressive, and be as great for the future as during the past year, the
time is not distant when our tonnage and commercial marine will be
larger than that of any other nation in the world.
Whilst the interests of agriculture, of commerce, and of navigation
have been enlarged and invigorated, it is highly gratifying to observe
that our manufactures are also in a prosperous condition. None of the
ruinous effects upon this interest which were apprehended by some as
the result of the operation of the revenue system established by the act
of 1846 have been experienced. On the contrary, the number of manu-
factories and the amount of capital invested in them is steadily and
rapidly increasing, affording gratifying proofs that American enterprise
and skill employed in this branch of domestic industry, with no other
advantages than those fairly and incidentally accruing from a just system
of revenue duties, are abundantly able to meet successfully all competi-
tion from abroad and still derive fair and remunerating profits. While
capital invested in manufactures is yielding adequate and fair profits under
the new system, the wages of labor, whether employed in manufactures,
agriculture, commerce, or navigation, have been augmented. The toil-
ing millions whose daily labor furnishes the supply of food and raiment
and all the necessaries and comforts of life are receiving higher wages
and more steady and permanent employment than in any other country
or at any previous period of our own history.
So successful have been all branches of our industry that a foreign war,
which generally diminishes the resources of a nation, has in no essential
degree retarded our onward progress or checked our general prosperity.
With such gratifying evidences of prosperity and of the successful op-
eration of the revenue act of 1846, every consideration of public policy
recommends that it shall remain unchanged. It is hoped that the system
of impost duties which it established may be regarded as the permanent
policy of the country, and that the great interests affected by it may not
again be subject to be injuriously disturbed, as they have heretofore been,
by frequent and sometimes sudden changes.
James K. Polk
2405
For the purpose of increasing the revenue, and without changing or
modifying the rates imposed by the act of 1846 on the dutiable articles
embraced by its provisions, I again recommend to your favorable con-
sideration the expediency of levying a revenue duty on tea and coffee.
The policy which exempted these articles from duty during peace, and
when the revenue to be derived from them was not needed, ceases to
exist when the country is engaged in war and requires the use of all of
its available resources. It is a tax which would be so generally diffused
among the people that it would be felt oppressively by none and be com-
plained of by none. It is believed that there are not in the list of
imported articles any which are more properly the subject of war duties
than tea and coffee.
It is estimated that $3,000,000 would be derived annually by a mod-
erate duty imposed on these articles.
Should Congress avail itself of this additional source of revenue, not
only would the amount of the public loan rendered necessary by the war
with Mexico be diminished to that extent, but the public credit and the
public confidence in the ability and determination of the Government to
meet all its engagements promptly would be more firmly established, and
the reduced amount of the loan which it may be necessary to negotiate
could probably be obtained at cheaper rates.
Congress is therefore called upon to determine whether it is wiser to
impose the war duties recommended or by omitting to do so increase
the public debt annually $3,000,000 so long as loans shall be required to
prosecute the war, and afterwards provide in some other form to pay the
semiannual interest upon it, and ultimately to extinguish the principal.
If in addition to these duties Congress should graduate and reduce the
price of such of the public lands as experience has proved will not com-
mand the price placed upon them by the Government, an additional
annual income to the Treasury of between half a million and a million of
dollars, it is estimated, would be derived from this source. Should both
measures receive the sanction of Congress, the annual amount of public
debt necessary to be contracted during the continuance of the war would
be reduced near $4,000,000. The duties recommended to be levied on
tea and coffee it is proposed shall be limited in their duration to the end
of the war, and until the public debt rendered necessary to be contracted
by it shall be discharged. The amount of the public debt to be con-
tracted should be limited to the lowest practicable sum, and should be
extinguished as early after the conclusion of the war as the means of
the Treasury will permit.
With this view, it is recommended that as soon as the war shall be
over all the surplus in the Treasury not needed for other indispensable
objects shall constitute a sinking fund and be applied to the purchase of
the funded debt, and that authority be conferred by laws for that purpose.
The act of the 6th of August, 1846, "to establish a warehousing sys-
tem,” has been in operation more than a year, and has proved to be an
important auxiliary to the tariff act of 1846 in augmenting the revenue
2406
Messages and Papers of the Presidents
and extending the commerce of the country. Whilst it has tended to
enlarge commerce, it has been beneficial to our manufactures by dimin-
ishing forced sales at auction of foreign goods at low prices to raise
the duties to be advanced on them, and by checking fluctuations in the
market. The system, although sanctioned by the experience of other
countries, was entirely new in the United States, and is susceptible of
improvement in some of its provisions. The Secretary of the Treas-
ury, upon whom was devolved large discretionary powers in carrying
this measure into effect, has collected and is now collating the practical
results of the system in other countries where it has long been estab-
lished, and will report at an early period of your session such further
regulations suggested by the investigation as may render it still more
effective and beneficial.
By the act to "provide for the better organization of the Treasury and
for the collection, safe-keeping, and disbursement of the public revenue”
all banks were discontinued as fiscal agents of the Government, and the
paper currency issued by them was no longer permitted to be received in
payment of public dues. The constitutional treasury created by this act
went into operation on the 1st of January last. Under the system estab-
lished by it the public moneys have been collected, safely kept, and dis-
bursed by the direct agency of officers of the Government in gold and
silver, and transfers of large amounts have been made from points of col-
lection to points of disbursement without loss to the Treasury or injury
or inconvenience to the trade of the country.
While the fiscal operations of the Government have been conducted
with regularity and ease under this system, it has had a salutary effect in
checking and preventing an undue inflation of the paper currency issued
by the banks which exist under State charters. Requiring, as it does,
all dues to the Government to be paid in gold and silver, its effect is to
restrain excessive issues of bank paper by the banks disproportioned
to the specie in their vaults, for the reason that they are at all times
liable to be called on by the holders of their notes for their redemption in
order to obtain specie for the payment of duties and other public dues.
The banks, therefore, must keep their business within prudent limits,
and be always in a condition to meet such calls, or run the hazard of
being compelled to suspend specie payments and be thereby discredited.
The amount of specie imported into the United States during the last
fiscal year was $24,121,289, of which there was retained in the country
$22,276,170. Had the former financial system prevailed and the public
moneys been placed on deposit in the banks, nearly the whole of this
amount would have gone into their vaults, not to be thrown into circu-
lation by them, but to be withheld from the hands of the people as a cur-
rency and made the basis of new and enormous issues of bank paper. A
large proportion of the specie imported has been paid into the Treasury
for public dues, and after having been to a great extent recoined at the
James K. Polk
2407
•
Mint has been paid out to the public creditors and gone into circulation
as a currency among the people. The amount of gold and silver coin
now in circulation in the country is larger than at any former period.
The financial system established by the constitutional treasury has
been thus far eminently successful in its operations, and I recommend
an adherence to all its essential provisions, and especially to that vital
provision which wholly separates the Government from all connection
with banks and excludes bank paper from all revenue receipts.
In some of its details, not involving its general principles, the sys-
tem is defective and will require modification. These defects and such
amendments as are deemed important were set forth in the last annual
report of the Secretary of the Treasury. These amendments are again
recommended to the early and favorable consideration of Congress.
During the past year the coinage at the Mint and its branches has
exceeded $20,000,000. This has consisted chiefly in converting the
coins of foreign countries into American coin.
The largest amount of foreign coin imported has been received at New
York, and if a branch mint were established at that city all the foreign
coin received at that port could at once be converted into our own coin
without the expense, risk, and delay of transporting it to the Mint for
that purpose, and the amount recoined would be much larger.
Experience has proved that foreign coin, and especially foreign gold
coin, will not circulate extensively as a currency among the people.
The important measure of extending our specie circulation, both of gold
and silver, and of diffusing it among the people can only be effected by
converting such foreign coin into American coin. I repeat the recom-
mendation contained in my last annual message for the establishment of
a branch of the Mint of the United States at the city of New York.
All the public lands which had been surveyed and were ready for
market have been proclaimed for sale during the past year. The quan-
tity offered and to be offered for sale under proclamations issued since
the 1st of January last amounts to 9,138,531 acres.
The prosperity
of the Western States and Territories in which these lands lie will be
advanced by their speedy sale. By withholding them from market their
growth and increase of population would be retarded, while thousands of
our enterprising and meritorious frontier population would be deprived
of the opportunity of securing freeholds for themselves and their fami-
lies. But in addition to the general considerations which rendered the
early sale of these lands proper, it was a leading object at this time to
derive as large a sum as possible from this source, and thus diminish by
that amount the public loan rendered necessary by the existence of a
foreign war.
It is estimated that not less than 10,000,000 acres of the public lands
will be surveyed and be in a condition to be proclaimed for sale during
the year 1848.
2408
Messages and Papers of the Presidents
In my last annual message I presented the reasons which in my judg
ment rendered it proper to graduate and reduce the price of such of the
public lands as have remained unsold for long periods after they had
been offered for sale at public auction.
Many millions of acres of public lands lying within the limits of several
of the Western States have been offered in the market and been subject to
sale at private entry for more than twenty years and large quantities for
more than thirty years at the lowest price prescribed by the existing laws,
and it has been found that they will not command that price. They
must remain unsold and uncultivated for an indefinite period unless the
price demanded for them by the Government shall be reduced. No satis-
factory reason is perceived why they should be longer held at rates above
their real value. At the present period an additional reason exists for
adopting the measure recommended. When the country is engaged in a
foreign war, and we must necessarily resort to loans, it would seem to be
the dictate of wisdom that we should avail ourselves of all our resources
and thus limit the amount of the public indebtedness to the lowest pos-
sible sum.
I recommend that the existing laws on the subject of preemption rights
be amended and modified so as to operate prospectively and to embrace
all who may settle upon the public lands and make improvements upon
them, before they are surveyed as well as afterwards, in all cases where
such settlements may be made after the Indian title shall have been
extinguished.
If the right of preemption be thus extended, it will embrace a large
and meritorious class of our citizens. It will increase the number of
small freeholders upon our borders, who will be enabled thereby to edu-
cate their children and otherwise improve their condition, while they
will be found at all times, as they have ever proved themselves to be in
the hour of danger to their country, among our hardiest and best volun-
teer soldiers, ever ready to attend to their services in cases of emergen-
cies and among the last to leave the field as long as an enemy remains to
be encountered. Such a policy will also impress these patriotic pioneer
emigrants with deeper feelings of gratitude for the parental care of their
Government, when they find their dearest interests secured to them by
the permanent laws of the land and that they are no longer in danger of
losing their homes and hard-earned improvements by being brought into
competition with a more wealthy class of purchasers at the land sales.
The attention of Congress was invited at their last and the preceding
session to the importance of establishing a Territorial government over
our possessions in Oregon, and it is to be regretted that there was no
legislation on the subject. Our citizens who inhabit that distant region
of country are still left without the protection of our laws, or any regu-
larly organized government. Before the question of limits and bounda-
ries of the Territory of Oregon was definitely settled, from the necessity
1
T
THE BATTLE OF CERRO GORDO
After the Battle of Buena Vista, Santa Ana, by extraordinary efforts,
collected at Cerro Gordo an army of 12,000 men. Cerro Gordo is a difficult
mountain pass on the great national road from Vera Cruz to the City of Mexico,
and was directly in the path of Scott's army. On April 13, 1847, Scott came
upon this obstacle to his progress, reconnoitered the fortifications and
then issued his orders. These directions were minutely detailed. They
were followed to the letter and victory was the result. On the 18th the
battle began. On one side was a deep, dark river; on the other was a frown-
ing slope of rock, 1,000 feet in height, bristling with batteries; and above that
rose the fortress of Cerro Gordo. The place was stormed and taken from
12,000 Mexicans by less than 8,000 Americans, the furious character of the
fighting being well depicted in the illustration.
The article entitled “Cerro Gordo (Mexico), Battle of," in the Encyclo-
pedic Index tells the full story, and underneath is a citation of a presidential
reference to the affair.
James K. Polk
2409
of their condition the inhabitants had established a temporary govern-
ment of their own. Besides the want of legal authority for continuing
such a government, it is wholly inadequate to protect them in their
rights of person and property, or to secure to them the enjoyment of the
privileges of other citizens, to which they are entitled under the Consti-
tution of the United States. They should have the right of suffrage, be
represented in a Territorial legislature and by a Delegate in Congress,
and possess all the rights and privileges which citizens of other portions.
of the territories of the United States have heretofore enjoyed or may
now enjoy.
Our judicial system, revenue laws, laws regulating trade and inter-
course with the Indian tribes, and the protection of our laws generally
should be extended over them.
In addition to the inhabitants in that Territory who had previously
emigrated to it, large numbers of our citizens have followed them during
the present year, and it is not doubted that during the next and subse-
quent years their numbers will be greatly increased.
Congress at its last session established post routes leading to Ore-
gon, and between different points within that Territory, and authorized
the establishment of post-offices at "Astoria and such other places
on the coasts of the Pacific within the territory of the United States as
the public interests may require." Post-offices have accordingly been
established, deputy postmasters appointed, and provision made for the
transportation of the mails.
The preservation of peace with the Indian tribes residing west of the
Rocky Mountains will render it proper that authority should be given by
law for the appointment of an adequate number of Indian agents to reside
among them.
I recommend that a surveyor-general's office be established in that
Territory, and that the public lands be surveyed and brought into mar-
ket at an early period.
I recommend also that grants, upon liberal terms, of limited quanti-
ties of the public lands be made to all citizens of the United States who
have emigrated, or may hereafter within a prescribed period emigrate, to
Oregon and settle upon them. These hardy and adventurous citizens,
who have encountered the dangers and privations of a long and toil-
some journey, and have at length found an abiding place for themselves
and their families upon the utmost verge of our western limits, should
be secured in the homes which they have improved by their labor.
I refer you to the accompanying report of the Secretary of War for a
detailed account of the operations of the various branches of the public
service connected with the Department under his charge. The duties
devolving on this Department have been unusually onerous and respon-
sible during the past year, and have been discharged with ability and
success.
78
2410
Messages and Papers of the Presidents
Pacific relations continue to exist with the various Indian tribes, and
most of them manifest a strong friendship for the United States. Some
depredations were committed during the past year upon our trains trans-
porting supplies for the Army, on the road between the western border
of Missouri and Santa Fe. These depredations, which are supposed to
have been committed by bands from the region of New Mexico, have
been arrested by the presence of a military force ordered out for that
purpose. Some outrages have been perpetrated by a portion of the north-
western bands upon the weaker and comparatively defenseless neighbor-
ing tribes. Prompt measures were taken to prevent such occurrences in
future.
Between 1,000 and 2,000 Indians, belonging to several tribes, have
been removed during the year from the east of the Mississippi to the
country allotted to them west of that river as their permanent home,
and arrangements have been made for others to follow.
Since the treaty of 1846 with the Cherokees the feuds among them
appear to have subsided, and they have become more united and con-
tented than they have been for many years past. The commissioners
appointed in pursuance of the act of June 27, 1846, to settle claims aris-
ing under the treaty of 1835-36 with that tribe have executed their
duties, and after a patient investigation and a full and fair examination
of all the cases brought before them closed their labors in the month of
July last. This is the fourth board of commissioners which has been
organized under this treaty. Ample opportunity has been afforded to all
those interested to bring forward their claims. No doubt is entertained
that impartial justice has been done by the late board, and that all
valid claims embraced by the treaty have been considered and allowed.
This result and the final settlement to be made with this tribe under
the treaty of 1846, which will be completed and laid before you during
your session, will adjust all questions of controversy between them and
the United States and produce a state of relations with them simple,
well defined, and satisfactory.
Under the discretionary authority conferred by the act of the 3d of
March last the annuities due to the various tribes have been paid during
the present year to the heads of families instead of to their chiefs or
such persons as they might designate, as required by the law previously
existing. This mode of payment has given general satisfaction to the
great body of the Indians. Justice has been done to them, and they are
grateful to the Government for it. A few chiefs and interested persons
may object to this mode of payment, but it is believed to be the only
mode of preventing fraud and imposition from being practiced upon the
great body of common Indians, constituting a majority of all the tribes.
It is gratifying to perceive that a number of the tribes have recently
manifested an increased interest in the establishment of schools among
them, and are making rapid advances in agriculture, some of them pro-
ducing a sufficient quantity of food for their support and in some cases a
surplus to dispose of to their neighbors. The comforts by which those
James K. Polk
2411
who have received even a very limited education and have engaged in
agriculture are surrounded tend gradually to draw off their less civilized
brethren from the precarious means of subsistence by the chase to habits
of labor and civilization.
The accompanying report of the Secretary of the Navy presents a sat-
isfactory and gratifying account of the condition and operations of the
naval service during the past year. Our commerce has been pursued
with increased activity and with safety and success in every quarter of
the globe under the protection of our flag, which the Navy has caused
to be respected in the most distant seas.
In the Gulf of Mexico and in the Pacific the officers and men of
our squadrons have displayed distinguished gallantry and performed
valuable services. In the early stages of the war with Mexico her ports
on both coasts were blockaded, and more recently many of them have
been captured and held by the Navy. When acting in cooperation with
the land forces, the naval officers and men have performed gallant and
distinguished services on land as well as on water, and deserve the high
commendation of the country.
While other maritime powers are adding to their navies large num-
bers of war steamers, it was a wise policy on our part to make similar
additions to our Navy. The four war steamers authorized by the act
of the 3d of March, 1847, are in course of construction.
In addition to the four war steamers authorized by this act, the Secre-
tary of the Navy has, in pursuance of its provisions, entered into contracts
for the construction of five steamers to be employed in the transportation
of the United States mail "from New York to New Orleans, touching at
Charleston, Savannah, and Havana, and from Havana to Chagres;" for
three steamers to be employed in like manner from Panama to Oregon,
"so as to connect with the mail from Havana to Chagres across the
Isthmus ;" and for five steamers to be employed in like manner from
New York to Liverpool. These steamers will be the property of the
contractors, but are to be built "under the superintendence and direction
of a naval constructor in the employ of the Navy Department, and to be
so constructed as to render them convertible at the least possible expense
into war steamers of the first class.'' A prescribed number of naval offi-
cers, as well as a post-office agent, are to be on board of them, and
authority is reserved to the Navy Department at all times to "exercise
control over said steamships" and "to have the right to take them for
the exclusive use and service of the United States upon making proper
compensation to the contractors therefor."
Whilst these steamships will be employed in transporting the mails of
the United States coastwise and to foreign countries upon an annual com-
pensation to be paid to the owners, they will be always ready, upon an
emergency requiring it, to be converted into war steamers; and the right
reserved to take them for public use will add greatly to the efficiency
2412
Messages and Papers of the Presidents
and strength of this description of our naval force. To the steamers thus
authorized under contracts made by the Secretary of the Navy should be
added five other steamers authorized under contracts made in pursuance
of laws by the Postmaster-General, making an addition, in the whole, of
eighteen war steamers subject to be taken for public use. As further
contracts for the transportation of the mail to foreign countries may be
authorized by Congress, this number may be enlarged indefinitely.
The enlightened policy by which a rapid communication with the
various distant parts of the globe is established, by means of American-
built sea steamers, would find an ample reward in the increase of our
commerce and in making our country and its resources more favorably
known abroad; but the national advantage is still greater—of having our
naval officers made familiar with steam navigation and of having the
privilege of taking the ships already equipped for immediate service at
a moment's notice, and will be cheaply purchased by the compensation
to be paid for the transportation of the mail in them over and above the
postages received.
A just national pride, no less than our commercial interests, would
seem to favor the policy of augmenting the number of this description of
vessels. They can be built in our country cheaper and in greater num-
bers than in any other in the world.
I refer you to the accompanying report of the Postmaster-General for
a detailed and satisfactory account of the condition and operations of that
Department during the past year. It is gratifying to find that within
so short a period after the reduction in the rates of postage, and notwith-
standing the great increase of mail service, the revenue received for the
year will be sufficient to defray all the expenses, and that no further aid
will be required from the Treasury for that purpose.
The first of the American mail steamers authorized by the act of the
3d of March, 1845, was completed and entered upon the service on the 1st
of June last, and is now on her third voyage to Bremen and other inter-
mediate ports. The other vessels authorized under the provisions of
that act are in course of construction, and will be put upon the line as
soon as completed. Contracts have also been made for the transporta-
tion of the mail in a steamer from Charleston to Havana.
A reciprocal and satisfactory postal arrangement has been made by the
Postmaster-General with the authorities of Bremen, and no difficulty is
apprehended in making similar arrangements with all other powers with
which we may have communications by mail steamers, except with Great
Britain.
On the arrival of the first of the American steamers bound to Bremen
at Southampton, in the month of June last, the British post-office directed
the collection of discriminating postages on all letters and other mail-
able matter which she took out to Great Britain or which went into the
British post-office on their way to France and other parts of Europe.
The effect of the order of the British post-office is to subject all letters
James K. Polk
2413
and other matter transported by American steamers to double postage,
one postage having been previously paid on them to the United States,
while letters transported in British steamers are subject to pay but a
single postage. This measure was adopted with the avowed object of
protecting tlie British line of mail steamers now running between Boston
and Liverpool, and if permitted to continue must speedily put an end
to the transportation of all letters and other matter by American steam-
ers and give to British steamers a monopoly of the business. A just
and fair reciprocity is all that we desire, and on this we must insist.
By our laws no such discrimination is made against British steamers
bringing letters into our ports, but all letters arriving in the United
States are subject to the same rate of postage, whether brought in
British or American vessels. I refer you to the report of the Postmaster-
General for a full statement of the facts of the case and of the steps
taken by him to correct this inequality. He has exerted all the power
conferred upon him by the existing laws.
The minister of the United States at London has brought the subject
to the attention of the British Government, and is now engaged in ne-
gotiations for the purpose of adjusting reciprocal postal arrangements
which shall be equally just to both countries. Should he fail in conclud-
ing such arrangements, and should Great Britain insist on enforcing the
unequal and unjust measure she has adopted, it will become necessary to
confer additional powers on the Postmaster-General in order to enable
him to meet the emergency and to put our own steamers on an equal
footing with British steamers engaged in transporting the mails between
the two countries, and I recommend that such powers be conferred.
In view of the existing state of our country, I trust it may not be inap-
propriate, in closing this communication, to call to mind the words of wis-
dom and admonition of the first and most illustrious of my predecessors
in his Farewell Address to his countrymen.
That greatest and best of men, who served his country so long and
loved it so much, foresaw with "serious concern" the danger to our
Union of "characterizing parties by geographical discriminations-North-
ern and Southern, Atlantic and Western-whence designing men may
endeavor to excite a belief that there is a real difference of local interests
and views," and warned his countrymen against it.
So deep and solemn was his conviction of the importance of the Union
and of preserving harmony between its different parts, that he declared
to his countrymen in that address:
It is of infinite moment that you should properly estimate the immense value of
your national union to your collective and individual happiness; that you should
cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves
to think and speak of it as of the palladium of your political safety and prosperity;
watching for its preservation with jealous anxiety; discountenancing whatever may
suggest even a suspicion that it can in any event be abandoned, and indignantly
frowning upon the first dawning of every attempt to alienate any portion of our
country from the rest or to enfeeble the sacred ties which now link together the
various parts.
2414
Messages and Papers of the Presidents
After the lapse of half a century these admonitions of Washington
fall upon us with all the force of truth. It is difficult to estimate the
"immense value" of our glorious Union of confederated States, to which
we are so much indebted for our growth in population and wealth and
for all that constitutes us a great and a happy nation. How unimpor-
tant are all our differences of opinion upon minor questions of public
policy compared with its preservation, and how scrupulously should we
avoid all agitating topics which may tend to distract and divide us into
contending parties, separated by geographical lines, whereby it may be
weakened or endangered.
Invoking the blessing of the Almighty Ruler of the Universe upon
your deliberations, it will be my highest duty, no less than my sincere
pleasure, to cooperate with you in all measures which may tend to pro-
mote the honor and enduring welfare of our common country.
JAMES K. POLK.
SPECIAL MESSAGES.
To the Senate of the United States:
WASHINGTON, December 20, 1847.
I herewith communicate to the Senate, for their consideration and
advice with regard to its ratification, a convention between the United
States and the Swiss Confederation, signed in this city by their respec-
tive plenipotentiaries on the 18th day of May last, for the mutual aboli
tion of the droit d'aubaine and of taxes on emigration.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, December 21, 1847.
I submit herewith, for the consideration and constitutional action of
the Senate, two treaties with the Chippewa Indians of Lake Superior
and the Upper Mississippi, for a portion of the lands possessed by those
Indians west of the Mississippi River. The treaties are accompanied by
communications from the Secretary of War and Commissioner of Indian
Affairs, which fully explain their nature and objects.
JAMES K. POLK.
WASHINGTON, December 22, 1847.
To the Senate and House of Representatives:
I communicate herewith a report of the Secretary of the Navy, contain-
ing a statement of the measures which have been taken in execution of
the act of 3d March last, relating to the construction of floating dry docks
at Pensacola, Philadelphia, and Kittery.
JAMES K. POLK.
James K. Polk
2415
WASHINGTON, January 4, 1848.
To the House of Representatives of the United States:
I communicate herewith a report of the Secretary of War, with accom-
panying documents, being in addition to a report made on the 27th of
February, 1847, in answer to a resolution of the House of Represent-
atives of the 1st of that month, requesting the President "to commu-
nicate to the House of Representatives all the correspondence with
General Taylor since the commencement of hostilities with Mexico
which has not yet been published, and the publication of which may
not be deemed detrimental to the public service; also the correspondence
of the Quartermaster-General in relation to transportation for General
Taylor's Army; also the reports of Brigadier-Generals Hamer and Quit-
man of the operations of their respective brigades on the 21st of Septem-
ber last" (1846).
JAMES K. POLK.
WASHINGTON, January 12, 1848.
To the House of Representatives of the United States:
I have carefully considered the resolution of the House of Representa-
tives of the 4th instant, requesting the President to communicate to that
House "any instructions which may have been given to any of the
officers of the Army or Navy of the United States, or other persons, in
regard to the return of President General Lopez de Santa Anna, or any
other Mexican, to the Republic of Mexico prior or subsequent to the
order of the President or Secretary of War issued in January, 1846, for
the march of the Army from the Nueces River, across the 'stupendous
deserts' which intervene, to the Rio Grande; that the date of all such
instructions, orders, and correspondence be set forth, together with the
instructions and orders issued to Mr. Slidell at any time prior or sub-
sequent to his departure for Mexico as minister plenipotentiary of the
United States to that Republic;" and requesting the President also to
"communicate all the orders and correspondence of the Government in
relation to the return of General Paredes to Mexico.
I transmit herewith reports from the Secretary of State, the Secretary
of War, and the Secretary of the Navy, with the documents accompany-
ing the same, which contain all the information in the possession of the
Executive which it is deemed compatible with the public interests to
communicate.
For further information relating to the return of Santa Anna to Mexico
I refer you to my annual message of December 8, 1846. The facts and
considerations stated in that message induced the order of the Secretary
of the Navy to the commander of our squadron in the Gulf of Mexico a
copy of which is herewith communicated. This order was issued simul-
taneously with the order to blockade the coasts of Mexico, both bearing
date the 13th of May, 1846, the day on which the existence of the war
2416
Messages and Papers of the Presidents
with Mexico was recognized by Congress. It was issued solely upon
the views of policy presented in that message, and without any under-
standing on the subject, direct or indirect, with Santa Anna or any other
person.
General Paredes evaded the vigilance of our combined forces by land
and sea, and made his way back to Mexico from the exile into which he
had been driven, landing at Vera Cruz after that city and the castle of
San Juan de Ulloa were in our military occupation, as will appear from
the accompanying reports and documents.
The
The resolution calls for the "instructions and orders issued to Mr.
Slidell at any time prior or subsequent to his departure for Mexico as
minister plenipotentiary of the United States to that Republic." The
customary and usual reservation contained in calls of either House of
Congress upon the Executive for information relating to our intercourse
with foreign nations has been omitted in the resolution before me.
call of the House is unconditional. It is that the information requested
be communicated, and thereby be made public, whether in the opinion
of the Executive (who is charged by the Constitution with the duty of
conducting negotiations with foreign powers) such information, when
disclosed, would be prejudicial to the public interest or not. It has been
a subject of serious deliberation with me whether I could, consistently
with my constitutional duty and my sense of the public interests in-
volved and to be affected by it, violate an important principle, always
heretofore held sacred by my predecessors, as I should do by a compli-
ance with the request of the House. President Washington, in a mes-
sage to the House of Representatives of the 30th of March, 1796, declined
to comply with a request contained in a resolution of that body, to lay
before them "a copy of the instructions to the minister of the United
States who negotiated the treaty with the King of Great Britain, together
with the correspondence and other documents relative to that treaty,
excepting such of the said papers as any existing negotiation may render
improper to be disclosed." In assigning his reasons for declining to com-
ply with the call he declared that---
The nature of foreign negotiations requires caution, and their success must often
depend on secrecy; and even when brought to a conclusion a full disclosure of all
the measures, demands, or eventual concessions which may have been proposed or
contemplated would be extremely impolitic; for this might have a pernicious influ-
ence on future negotiations, or produce immediate inconveniences, perhaps danger
and mischief, in relation to other powers. The necessity of such caution and secrecy
was one cogent reason for vesting the power of making treaties in the President,
with the advice and consent of the Senate, the principle on which that body was
formed confining it to a small number of members. To admit, then, a right in the
House of Representatives to demand and to have as a matter of course all the pa-
pers respecting a negotiation with a foreign power would be to establish a dangerous
precedent.
In that case the instructions and documents called for related to a
treaty which had been concluded and ratified by the President and Sen-
ate, and the negotiations in relation to it had been terminated. There
James K. Polk
2417
was an express reservation, too, "excepting" from the call all such
papers as related to "any existing negotiations" which it might be im-
proper to disclose.
In that case President Washington deemed it to be
a violation of an important principle, the establishment of a "dangerous
precedent," and prejudicial to the public interests to comply with the
call of the House. Without deeming it to be necessary on the present
occasion to examine or decide upon the other reasons assigned by him
for his refusal to communicate the information requested by the House,
the one which is herein recited is in my judgment conclusive in the case
under consideration.
Indeed, the objections to complying with the request of the House
contained in the resolution before me are much stronger than those
which existed in the case of the resolution in 1796. This resolution calls
for the "instructions and orders" to the minister of the United States to
Mexico which relate to negotiations which have not been terminated,
and which may be resumed. The information called for respects nego-
tiations which the United States offered to open with Mexico immediately
preceding the commencement of the existing war. The instructions given
to the minister of the United States relate to the differences between the
two countries out of which the war grew and the terms of adjustment
which we were prepared to offer to Mexico in our anxiety to prevent the
These differences still remain unsettled, and to comply with the
call of the House would be to make public through that channel, and to
communicate to Mexico, now a public enemy engaged in war, informa-
tion which could not fail to produce serious embarrassment in any future
negotiation between the two countries. I have heretofore communicated
to Congress all the correspondence of the minister of the United States to
Mexico which in the existing state of our relations with that Republic
can, in my judgment, be at this time communicated without serious in-
jury to the public interest.
war.
Entertaining this conviction, and with a sincere desire to furnish any
information which may be in possession of the executive department,
and which either House of Congress may at any time request, I regard
it to be my constitutional right and my solemn duty under the circum-
stances of this case to decline a compliance with the request of the House
contained in their resolution.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, January 21, 1848.
I herewith communicate to the Senate, for its consideration, a declara-
tion of the Government of the Grand Duchy of Mecklenburg-Schwerin,
bearing date at the city of Schwerin on the 9th December, 1847, acced-
ing substantially to the stipulations of our treaty of commerce and navi-
gation with Hanover of the 10th June, 1846.
2418
Messages and Papers of the Presidents
Under the twelfth article of this treaty-
The United States agree to extend all the advantages and privileges contained in
the stipulations of the present treaty to one or more of the other States of the Ger-
manic Confederation which may wish to accede to them, by means of an official ex-
change of declarations, provided that such State or States shall confer similar favors
upon the said United States to those conferred by the Kingdom of Hanover, and
observe and be subject to the same conditions, stipulations, and obligations.
This declaration of the Grand Duchy of Mecklenburg-Schwerin is
submitted to the Senate, because in its eighth and eleventh articles it
is not the same in terms with the corresponding articles of our treaty
with Hanover. The variations, however, are deemed unimportant, while
the admission of our "paddy," or rice in the husk, into Mecklenburg-
Schwerin free of import duty is an important concession not contained in
the Hanoverian treaty. Others might be mentioned, which will appear
upon inspection. Still, as the stipulations in the two articles just men-
tioned in the declaration are not the same as those contained in the
corresponding articles of our treaty with Hanover, I deem it proper
to submit this declaration to the Senate for their consideration before
issuing a proclamation to give it effect.
I also communicate a dispatch from the special agent on the part of
the United States, which accompanied the declaration.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, January 24, 1848.
In compliance with the request of the Senate in their resolution of
the 13th instant, I herewith communicate a report from the Secretary
of War, with the accompanying correspondence, containing the informa-
tion called for, in relation to forced contributions in Mexico.
JAMES K. POLK.
WASHINGTON, January 31, 1848.
To the Senate of the United States:
I transmit herewith a report from the Secretary of War, containing
the information called for in the resolution of the Senate of the 20th
instant, in relation to General Orders, No. 376,* issued by General Scott
at headquarters, Mexico, bearing date the 15th December last.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, January 31, 1848.
I communicate herewith a report of the Secretary of War, with the
accompanying documents, in answer to the resolution of the Senate of
*Relating to the levying of taxes and duties upon Mexican products, etc., for the support of the
United States Army in Mexico.
James K. Polk
2419
the 24th instant, requesting to be furnished with "copies of the letters,
reports, or other communications which are referred to in the letter of
General Zachary Taylor dated at New Orleans, 20th July, 1845, and
addressed to the Secretary of War, and which are so referred to as con-
taining the views of General Taylor, previously communicated, in regard
to the line proper to be occupied at that time by the troops of the United
States; and any similar communication from any officer of the Army on
the same subject.”
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, February 2, 1848.
In answer to a resolution of the Senate of the 13th January, 1848,
calling for information on the subject of the negotiation between the
commissioner of the United States and the commissioners of Mexico dur-
ing the suspension of hostilities after the battles of Contreras and Churu-
busco, I transmit a report from the Secretary of State and the documents
which accompany it.
I deem it proper to add that the invitation from the commissioner of
the United States to submit the proposition of boundary referred to in
his dispatch (No. 15) of the 4th of September, 1847, herewith commu-
nicated, was unauthorized by me, and was promptly disapproved; and
this disapproval was communicated to the commissioner of the United
States with the least possible delay.
JAMES K. POLK.
WASHINGTON, February 3, 1848.
To the House of Representatives of the United States:
In compliance with the request of the House of Representatives con-
tained in their resolution of the 31st of January, 1848, I communicate
herewith a report of the Secretary of War, transmitting "a copy of Gen-
eral Taylor's answer to the letter dated January 27, 1847," addressed to
him by the Secretary of War.
*
JAMES K. POLK.
WASHINGTON, February 8, 1848.
To the House of Representatives of the United States:
In compliance with the resolution of the House of Representatives of
the 31st January last, I communicate herewith the report of the Secre-
tary of State, accompanied by "the documents and correspondence not
already published relating to the final adjustment of the difficulties be-
tween Great Britain and the United States concerning rough rice and
paddy."
JAMES K. POLK.
* Relating to the publication of a letter from General Taylor to General Gaines concerning the
operations of the United States forces in Mexico.
2420
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, February 10, 1848.
In answer to the resolution of the Senate of the 1st instant, request-
ing to be informed whether "any taxes, duties, or imposts" have been
"laid and collected upon goods and merchandise belonging to citizens
of the United States exported by such citizens from the United States
to Mexico, and, if so, what is the rate of such duties, and what amount
has been collected, and also by what authority of law the same have
been laid and collected," I refer the Senate to my annual message of
the 7th of December last, in which I informed Congress that orders
had been given to our military and naval commanders in Mexico to
adopt the policy, as far as practicable, of levying military contributions
upon the enemy for the support of our Army.
As one of the modes adopted for levying such contributions, it was
stated in that message that—
On the 31st of March last I caused an order to be issued to our military and naval
commanders to levy and collect a military contribution upon all vessels and mer-
chandise which might enter any of the ports of Mexico in our military occupation,
and to apply such contributions toward defraying the expenses of the war. By
virtue of the right of conquest and the laws of war, the conqueror, consulting his
own safety or convenience, may either exclude foreign commerce altogether from
all such ports or permit it upon such terms and conditions as he may prescribe.
Before the principal ports of Mexico were blockaded by our Navy the revenue
derived from import duties under the laws of Mexico was paid into the Mexican
treasury. After these ports had fallen into our military possession the blockade was
raised and commerce with them permitted upon prescribed terms and conditions.
They were opened to the trade of all nations upon the payment of duties more mod-
erate in their amount than those which had been previously levied by Mexico, and
the revenue, which was formerly paid into the Mexican treasury, was directed to be
collected by our military and naval officers and applied to the use of our Army and
Navy. Care was taken that the officers, soldiers, and sailors of our Army and Navy
should be exempted from the operations of the order, and, as the merchandise
imported upon which the order operated must be consumed by Mexican citizens,
the contributions exacted were in effect the seizure of the public revenues of Mexico
and the application of them to our own use. In directing this measure the object
was to compel the enemy to contribute as far as practicable toward the expenses
of the war.
A copy of the order referred to, with the documents accompanying it,
has been communicated to Congress.
The order operated upon the vessels and merchandise of all nations,
whether belonging to citizens of the United States or to foreigners, ar-
riving in any of the ports in Mexico in our military occupation. The
contributions levied were a tax upon Mexican citizens, who were the
consumers of the merchandise imported. But for the permit or license
granted by the order all vessels and merchandise belonging to citizens
of the United States were necessarily excluded from all commerce with
Mexico from the commencement of the war. The coasts and ports
of Mexico were ordered to be placed under blockade on the day Congress
James K. Polk
2421
declared the war to exist, and by the laws of nations the blockade ap-
plied to the vessels of the United States as well as to the vessels of all
other nations. Had no blockade been declared, or had any of our mer-
chant vessels entered any of the ports of Mexico not blockaded, they
would have been liable to be seized and condemned as lawful prize by the
Mexican authorities. When the order was issued, it operated as a privi-
lege to the vessels of the United States as well as to those of foreign
countries to enter the ports held by our arms upon prescribed terms and
conditions. It was altogether optional with citizens of the United States
and foreigners to avail themselves of the privileges granted upon the
terms prescribed.
Citizens of the United States and foreigners have availed themselves
of these privileges.
No principle is better established than that a nation at war has the
right of shifting the burden off itself and imposing it on the enemy by
exacting military contributions. The mode of making such exactions
must be left to the discretion of the conqueror, but it should be exercised
in a manner conformable to the rules of civilized warfare.
The right to levy these contributions is essential to the successful pros-
ecution of war in an enemy's country, and the practice of nations has
been in accordance with this principle. It is as clearly necessary as the
right to fight battles, and its exercise is often essential to the subsistence
of the army.
Entertaining no doubt that the military right to exclude commerce
altogether from the ports of the enemy in our military occupation
included the minor right of admitting it under prescribed conditions, it
became an important question at the date of the order whether there
should be a discrimination between vessels and cargoes belonging to
citizens of the United States and vessels and cargoes belonging to neutral
nations.
Had the vessels and cargoes belonging to citizens of the United States
been admitted without the payment of any duty, while a duty was levied
on foreign vessels and cargoes, the object of the order would have been
defeated. The whole commerce would have been conducted in Ameri-
can vessels, no contributions could have been collected, and the enemy
would have been furnished with goods without the exaction from him of
any contribution whatever, and would have been thus benefited by our
military occupation, instead of being made to feel the evils of the war.
In order to levy these contributions and to make them available for the
support of the Army, it became, therefore, absolutely necessary that they
should be collected upon imports into Mexican ports, whether in vessels
belonging to citizens of the United States or to foreigners.
It was deemed proper to extend the privilege to vessels and their car-
goes belonging to neutral nations. It has been my policy since the
commencement of the war with Mexico to act justly and liberally toward
2422
Messages and Papers of the Presidents
all neutral nations, and to afford to them no just cause of complaint; and
we have seen the good consequences of this policy by the general satis-
faction which it has given.
In answer to the inquiry contained in the resolution as to the rates of
duties imposed, I refer you to the documents which accompanied my
annual message of the 7th of December last, which contain the infor-
mation.
From the accompanying reports of the Secretary of War and the Sec-
retary of the Navy it will be seen that the contributions have been col-
lected on all vessels and cargoes, whether American or foreign; but the
returns to the Departments do not show with exactness the amounts
collected on American as distinguishable from foreign vessels and mer-
chandise.
JAMES K. POLK.
WASHINGTON, February 10, 1848.
To the House of Representatives of the United States:
In answer to the resolution of the House of Representatives of the 7th
instant, I transmit herewith a report from the Secretary of State.
No communication has been received from Mexico "containing prop-
ositions from the Mexican authorities or commissioners for a treaty of
peace," except the "counter projet" presented by the Mexican commis-
sioners to the commissioners of the United States on the 6th of September
last, a copy of which, with the documents accompanying it, I communi-
cated to the Senate of the United States on the 2d instant. A copy
of
my communication to the Senate embracing this "projet" is herewith
communicated.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 14, 1848.
I transmit, for the consideration of the Senate with a view to ratifi-
cation, a treaty of peace, friendship, commerce, and navigation between
the United States and the Republic of Peru, concluded and signed in
this city on the 9th instant by the Secretary of State and the minister
plenipotentiary of Peru, in behalf of their respective Governments. I
also transmit a copy of the correspondence between them which led to
the treaty.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, February 15, 1848.
I communicate herewith a report of the Secretary of War, together
with the accompanying report of the Adjutant-General, in answer to the
resolution of the Senate of the 7th instant, calling for information in
James K. Polk
2423
regard to the order or law by virtue of which certain words "in relation
to the promotion of cadets have been inserted in the Army Register of
the United States, page 45, in the year 1847."
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 22, 1848.
I lay before the Senate, for their consideration and advice as to its
ratification, a treaty of peace, friendship, limits, and settlement, signed
at the city of Guadalupe Hidalgo on the 2d day of February, 1848, by
N. P. Trist on the part of the United States, and by plenipotentiaries
appointed for that purpose on the part of the Mexican Government.
I deem it to be my duty to state that the recall of Mr. Trist as com-
missioner of the United States, of which Congress was informed in my
annual message, was dictated by a belief that his continued presence
with the Army could be productive of no good, but might do much harm
by encouraging the delusive hopes and false impressions of the Mexi-
cans, and that his recall would satisfy Mexico that the United States had
no terms of peace more favorable to offer. Directions were given that
any propositions for peace which Mexico might make should be received
and transmitted by the commanding general of our forces to the United
States.
It was not expected that Mr. Trist would remain in Mexico or con-
tinue in the exercise of the functions of the office of commissioner after
he received his letter of recall. He has, however, done so, and the pleni-
potentiaries of the Government of Mexico, with a knowledge of the fact,
have concluded with him this treaty. I have examined it with a full
sense of the extraneous circumstances attending its conclusion and sig-
nature, which might be objected to, but conforming as it does substan-
tially on the main questions of boundary and indemnity to the terms
which our commissioner, when he left the United States in April last,
was authorized to offer, and animated as I am by the spirit which has
governed all my official conduct toward Mexico, I have felt it to be my
duty to submit it to the Senate for their consideration with a view to its
ratification.
To the tenth article of the treaty there are serious objections, and no
instructions given to Mr. Trist contemplated or authorized its insertion.
The public lands within the limits of Texas belong to that State, and this
Government has no power to dispose of them or to change the conditions.
of grants already made. All valid titles to lands within the other terri-
tories ceded to the United States will remain unaffected by the change
of sovereignty; and I therefore submit that this article should not be
ratified as a part of the treaty.
There may be reason to apprehend that the ratification of the "addi-
tional and secret article" might unreasonably delay and embarrass the
2424
Messages and Papers of the Presidents
final action on the treaty by Mexico. I therefore submit whether that
article should not be rejected by the Senate.
If the treaty shall be ratified as proposed to be amended, the cessions
of territory made by it to the United States as indemnity, the provision
for the satisfaction of the claims of our injured citizens, and the perma-
nent establishment of the boundary of one of the States of the Union
are objects gained of great national importance, while the magnanimous
forbearance exhibited toward Mexico, it is hoped, may insure a lasting
peace and good neighborhood between the two countries.
I communicate herewith a copy of the instructions given to Mr. Slidell
in November, 1845, as envoy extraordinary and minister plenipotentiary
to Mexico; a copy of the instructions given to Mr. Trist in April last, and
such of the correspondence of the latter with the Department of State,
not heretofore communicated to Congress, as will enable the Senate to
understand the action which has been had with a view to the adjustment
of our difficulties with Mexico.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 28, 1848.
In answer to the resolution of the Senate of the 24th instant, request-
ing to be informed whether the active operations of the Army of the
United States in Mexico have been, and now are, suspended, and, if so,
by whose agency and in virtue of what authority such armistice has
been effected, I have to state that I have received no information relat-
ing to the subject other than that communicated to the Senate with my
executive message of the 22d instant.
JAMES K. POLK.
WASHINGTON, February 29, 1848.
To the Senate of the United States:
In compliance with the resolution of the Senate passed in "executive
session" on yesterday, requesting the President "to communicate to
the Senate, in confidence, the entire correspondence between Mr. Trist
and the Mexican commissioners from the time of his arrival in Mexico
until the time of the negotiation of the treaty submitted to the Senate;
and also the entire correspondence between Mr. Trist and the Secretary
of State in relation to his negotiations with the Mexican commissioners;
also all the correspondence between General Scott and the Government
and between General Scott and Mr. Trist since the arrival of Mr. Trist
in Mexico which may be in the possession of the Government,” I trans-
mit herewith the correspondence called for. These documents are very
voluminous, and presuming that the Senate desired them in reference to
early action on the treaty with Mexico submitted to the consideration
of that body by my message of the 22d instant, the originals of several
James K. Polk
2425
of the letters of Mr. Trist are herewith communicated, in order to save
the time which would necessarily be required to make copies of them.
These original letters, it is requested, may be returned when the Senate.
shall have no further use for them.
The letters of Mr. Trist to the Secretary of State, and especially such
of them as bear date subsequent to the receipt by him of his letter of
recall as commissioner, it will be perceived, contain much matter that is
impertinent, irrelevant, and highly exceptionable. Four of these let-
ters, bearing date, respectively, the 29th December, 1847, January 12,
January 22, and January 25, 1848, have been received since the treaty
was submitted to the Senate. In the latter it is stated that the Mexican
commissioners who signed the treaty derived "their full powers, bear-
ing date on the 30th December, 1847, from the President ad interim
of the Republic (General Anaya), constitutionally elected to that office
in November by the Sovereign Constituent Congress" of Mexico. It is
impossible that I can approve the conduct of Mr. Trist in disobeying the
positive orders of his Government contained in the letter recalling him,
or do otherwise than condemn much of the matter with which he has
chosen to encumber his voluminous correspondence. Though all of his
acts since his recall might have been disavowed by his Government, yet
Mexico can take no such exception. The treaty which the Mexican
commissioners have negotiated with him, with a full knowledge on their
part that he had been recalled from his mission, is binding on Mexico.
Looking at the actual condition of Mexico, and believing that if the
present treaty be rejected the war will probably be continued at great.
expense of life and treasure for an indefinite period, and considering
that the terms, with the exceptions mentioned in my message of the
22d instant, conform substantially, so far as relates to the main question
of boundary, to those authorized by me in April last, I considered it to
be my solemn duty to the country, uninfluenced by the exceptionable
conduct of Mr. Trist, to submit the treaty to the Senate with a recom-
mendation that it be ratified, with the modifications suggested.
Nothing contained in the letters received from Mr. Trist since it was
submitted to the Senate has changed my opinion on the subject.
The resolution also calls for "all the correspondence between General
Scott and the Government since the arrival of Mr. Trist in Mexico." A
portion of that correspondence, relating to Mr. Trist and his mission,
accompanies this communication. The remainder of the "correspond-
ence between General Scott and the Government" relates mainly, if not
exclusively, to military operations. A part of it was communicated to
Congress with my annual message, and the whole of it will be sent
to the Senate if it shall be desired by that body. As coming within the
purview of the resolution, I also communicate copies of the letters of
the Secretary of War to Major-General Butler in reference to Mr. Trist's
remaining at the headquarters of the Army in the assumed exercise of
his powers of commissioner.
JAMES K. POLK.
2426
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, March 2, 1848.
In answer to a resolution of the Senate of the 3d of January, 1848, I
communicate herewith a report from the Secretary of State, with the
accompanying documents, containing the correspondence of Mr. Wise,
late minister of the United States at the Court of Brazil, relating to the
subject of the slave trade.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, March 2, 1848.
I communicate herewith a report of the Secretary of War, with the
accompanying documents, in answer to the resolution of the Senate of
the 28th February, 1848, requesting the President to communicate "any
information he may at any time have received of the desire of any con-
siderable portion of the people of any of the States of Mexico to be
incorporated within the limits of any territory to be acquired from the
Republic of Mexico, and particularly that he communicate any late prop-
osition which has been made to that effect through General Wool or any
other military officer in Mexico."
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, March 7, 1848.
I lay before the Senate a letter of the 12th February, 1848, from
N. P. Trist, together with the authenticated map of the United Mexican
States and of the plan of the port of San Diego, referred to in the fifth
article of the treaty "of peace, friendship, limits, and settlement between
the United States of America and the Mexican Republic," which treaty
was transmitted to the Senate with my message of the 22d ultimo.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, March 8, 1848.
In answer to the resolution of the Senate of this date, requesting the
President "to inform the Senate of the terms of the authority given to
Mr. Trist to draw for the $3,000,000 authorized by the act of the 2d
of March, 1847," I communicate herewith a report from the Secretary of
State, with the accompanying documents, which contain the information
called for.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, March 8, 1848.
In answer to the resolution of the Senate of this date, requesting the
President to communicate to that body, "confidentially, any additional
James K. Polk
2427
dispatches which may have been received from Mr. Trist, and espe-
cially those which are promised by him in his letter to Mr. Buchanan
of the 2d of February last, if the same have been received,” I have to
state that all the dispatches which have been received from Mr. Trist
have been heretofore communicated to the Senate.
To the House of Representatives:
JAMES K. POLK.
WASHINGTON, March 10, 1848.
I transmit herewith reports from the Secretary of State and the Sec-
retary of War, with the accompanying documents, in compliance with
the resolution of the House of Representatives of the 7th February,
1848, requesting the President to communicate to that House "copies
of all correspondence between the Secretary of War and Major-General
Scott, and between the Secretary of War and Major-General Taylor, and
between Major-General Scott and N. P. Trist, late commissioner of the
United States to Mexico, and between the latter and Secretary of State,
which has not heretofore been published, and the publication of which
may not be incompatible with the public interest."
To the House of Representatives:
JAMES K. POLK.
I communicate herewith a copy of the constitution of State govern-
ment formed by a convention of the people of the Territory of Wisconsin
in pursuance of the act of Congress of August 6, 1846, entitled "An act.
to enable the people of Wisconsin Territory to form a constitution and
State government, and for the admission of such State into the Union."
I communicate also the documents accompanying the constitution,
which have been transmitted to me by the president of the convention.
JAMES K. POLK.
MARCH 16, 1848.
To the Senate of the United States:
WASHINGTON, March 18, 1848.
Sudden and severe indisposition has prevented, and may for an indefi-
nite period continue to prevent, Ambrose H. Sevier, recently appointed
commissioner to Mexico, from departing on his mission. The public
interest requires that a diplomatic functionary should proceed without
delay to Mexico, bearing with him the treaty between the United States
and the Mexican Republic, lately ratified, with amendments, by and with
the advice and consent of the Senate of the United States. It is deemed
proper, with this view, to appoint an associate commissioner, with full
powers to act separately or jointly with Mr. Sevier.
I therefore nominate Nathan Clifford, of the State of Maine, to be a
2428
Messages and Papers of the Presidents
commissioner, with the rank of envoy extraordinary and minister pleni-
potentiary, of the United States to the Mexican Republic.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, March 22, 1848.
I transmit herewith a report from the Secretary of State, with the ac-
companying documents, in compliance with the resolution of the Senate.
of the 24th January, 1848, requesting the President to communicate to
the Senate, if not inconsistent with the public interest, the correspond-
ence of Mr. Wise, late minister of the United States at the Court of Bra-
zil, with the Department of State of the United States.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, March 24, 1848.
In answer to the resolution of the Senate of the 17th instant, request-
ing the President to transmit to that body "a copy of a dispatch to the
United States consul at Monterey, T. O. Larkin, esq., forwarded in
November, 1845, by Captain Gillespie, of the Marine Corps, and which
was by him destroyed before entering the port of Vera Cruz, if a com-
munication of the same be not, in his opinion, incompatible with the
public interests," I communicate herewith a report of the Secretary of
State, with a copy of the dispatch referred to. The resolution of the
Senate appears to have been passed in legislative session. Entertaining
the opinion that the publication of this dispatch at this time will not be
"compatible with the public interests," but unwilling to withhold from
the Senate information deemed important by that body, I communicate
a copy of it to the Senate in executive session.
JAMES K. POLK.
To the House of Representatives of the United States:
I transmit herewith a report from the Secretary of State, with the ac-
companying documents, in compliance with the resolution of the House
of Representatives of the 8th instant, calling for "any correspondence
which may have recently taken place with the British Government rela-
tive to the adoption of principles of reciprocity in the trade and shipping
of the two countries."
MARCH 24, 1848.
To the Senate of the United States:
JAMES K. POLK.
I transmit herewith a report of the Secretary of State, with accom-
panying documents, in compliance with the resolution of the Senate of
the 17th instant, requesting the President to communicate to that body
James K. Polk
2429
"copies of the correspondence between the minister of the United States
at London and any authorities of the British Government in relation to a
postal arrangement between the two countries.”
MARCH 27, 1848.
JAMES K. POLK.
WASHINGTON, April 3, 1848.
To the Senate and House of Representatives of the United States:
I communicate to Congress, for their information, a copy of a dis-
patch, with the accompanying documents, received at the Department
of State from the envoy extraordinary and minister plenipotentiary of
the United States at Paris, giving official information of the overthrow
of the French Monarchy, and the establishment in its stead of a “pro-
visional government based on republican principles.”
This great event occurred suddenly, and was accomplished almost
without bloodshed. The world has seldom witnessed a more interest-
ing or sublime spectacle than the peaceful rising of the French people,
resolved to secure for themselves enlarged liberty, and to assert, in the
majesty of their strength, the great truth that in this enlightened age
man is capable of governing himself.
The prompt recognition of the new Government by the representative
of the United States at the French Court meets my full and unqualified
approbation, and he has been authorized in a suitable manner to make
known this fact to the constituted authorities of the French Republic.
Called upon to act upon a sudden emergency, which could not have
been anticipated by his instructions, he judged rightly of the feelings
and sentiments of his Government and of his countrymen, when, in
advance of the diplomatic representatives of other countries, he was the
frst to recognize, so far as it was in his power, the free Government
established by the French people.
The policy of the United States has ever been that of nonintervention
in the domestic affairs of other countries, leaving to each to establish the
form of government of its own choice. While this wise policy will be
maintained toward France, now suddenly transformed from a monarchy
into a republic, all our sympathies are naturally enlisted on the side of
a great people who, imitating our example, have resolved to be free.
That such sympathy should exist on the part of the people of the United
States with the friends of free government in every part of the world,
and especially in France, is not remarkable. We can never forget that
France was our early friend in our eventful Revolution, and generously
aided us in shaking off a foreign yoke and becoming a free and inde-
pendent people.
We have enjoyed the blessings of our system of weli regulated self-
government for near three-fourths of a century, and can properly appre-
ciate its value. Our ardent and sincere congratulations are extended to
2430
Messages and Papers of the Presidents
the patriotic people of France upon their noble and thus far successful
efforts to found for their future government liberal institutions similar
to our own.
It is not doubted that under the benign influence of free institutions
the enlightened statesmen of republican France will find it to be for her
true interests and permanent glory to cultivate with the United States
the most liberal principles of international intercourse and commercial
reciprocity, whereby the happiness and prosperity of both nations wili
be promoted.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, April 7, 1848.
In answer to a resolution of the Senate of the 29th of March, 1848, I
transmit herewith a report of the Secretary of War, with the accom-
panying documents, containing the information called for, relative to the
services of Captain McClellan's company of Florida volunteers in the year
1840.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, April 7, 1848.
I communicate herewith a report of the Secretary of War, transmit-
ting a copy of the proceedings of the general court-martial in the case
of Lieutenant-Colonel Frémont, called for by a resolution of the Senate of
the 29th February, 1848.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, April 10, 1848.
I communicate herewith a report of the Secretary of State, together
with a copy of the correspondence between the Secretary of State and
"the Brazilian chargé d'affaires at Washington," called for by the reso-
lution of the Senate of the 28th of March, 1848.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, April 13, 1848.
In answer to the resolution of the Senate of the 28th of March, 1848,
I communicate herewith a report of the Secretary of War, transmitting
a report of the head of the Ordnance Bureau, with the accompanying
papers, relative to "the repeating firearms invented by Samuel Colt."
Such is the favorable opinion entertained of the value of this arm, par-
ticularly for a mounted corps, that the Secretary of War, as will be seen
by his report, has contracted with Mr. Colt for 2,000 of his pistols. He
James K. Polk
2431
has offered to contract for an additional number at liberal prices, but the
inventor is unwilling to furnish them at the prices offered.
The invention for the construction of these arms being patented, the
United States can not manufacture them at the Government armories
without a previous purchase of the right so to do. The right to use his
patent by the United States the inventor is unwilling to dispose of at a
price deemed reasonable.
JAMES K. POLK.
WASHINGTON, April 25, 1848.
To the House of Representatives of the United States:
I communicate herewith a report of the Secretary of War, with accom-
panying documents, submitted by him as embracing the papers and
the correspondence* between the Secretary of War and Major-General
Scott, called for by the resolution of the House of Representatives of the
17th instant.
JAMES K. POLK.
WASHINGTON, April 29, 1848.
To the Senate and House of Representatives of the United States:
I submit for the consideration of Congress several communications
received at the Department of State from Mr. Justo Sierra, commissioner
of Yucatan, and also a communication from the Governor of that State,
representing the condition of extreme suffering to which their country
has been reduced by an insurrection of the Indians within its limits, and
asking the aid of the United States.
These communications present a case of human suffering and misery
which can not fail to excite the sympathies of all civilized nations. From
these and other sources of information it appears that the Indians of
Yucatan are waging a war of extermination against the white race. In
this civil war they spare neither age nor sex, but put to death, indis-
criminately, all who fall within their power. The inhabitants, panic
stricken and destitute of arms, are flying before their savage pursuers
toward the coast, and their expulsion from their country or their exter-
mination would seem to be inevitable unless they can obtain assistance
from abroad.
In this condition they have, through their constituted authorities, im-
plored the aid of this Government to save them from destruction, offering
in case this should be granted to transfer the "dominion and sovereignty
of the peninsula" to the United States. Similar appeals for aid and pro-
tection have been made to the Spanish and the English Governments.
Whilst it is not my purpose to recommend the adoption of any meas
ure with a view to the acquisition of the "dominion and sovereignty"
* Relating to the conduct of the war in Mexico and the recall of General Scott from the command
of the Army.
2432
Messages and Papers of the Presidents
over Yucatan, yet, according to our established policy, we could not
consent to a transfer of this "dominion and sovereignty" either to Spain,
Great Britain, or any other European power. In the language of Presi-
dent Monroe in his message of December, 1823—
We should consider any attempt on their part to extend their system to any por-
tion of this hemisphere as dangerous to our peace and safety.
In my annual message of December, 1845, I declared that—
Near a quarter of a century ago the principle was distinctly announced to the
world, in the annual message of one of my predecessors, that "the American conti-
nents, by the free and independent condition which they have assumed and main-
tain, are henceforth not to be considered as subjects for future colonization by any
European powers." This principle will apply with greatly increased force should
any European power attempt to establish any new colony in North America. In the
existing circumstances of the world, the present is deemed a proper occasion to
reiterate and reaffirm the principle avowed by Mr. Monroe, and to state my cordial
concurrence in its wisdom and sound policy. The reassertion of this principle, espe-
cially in reference to North America, is at this day but the promulgation of a policy
which no European power should cherish the disposition to resist. Existing rights
of every European nation should be respected, but it is due alike to our safety and
our interests that the efficient protection of our laws should be extended over our
whole territorial limits, and that it should be distinctly announced to the world as
our settled policy that no future European colony or dominion shall with our con-
sent be planted or established on any part of the North American continent.
Our own security requires that the established policy thus announced
should guide our conduct, and this applies with great force to the penin-
sula of Yucatan. It is situate in the Gulf of Mexico, on the North Ameri-
can continent, and, from its vicinity to Cuba, to the capes of Florida, to
New Orleans, and, indeed, to our whole southwestern coast, it would be
dangerous to our peace and security if it should become a colony of any
European nation.
We have now authentic information that if the aid asked from the
United States be not granted such aid will probably be obtained from
some European power, which may hereafter assert a claim to "dominion
and sovereignty" over Yucatan.
Our existing relations with Yucatan are of a peculiar character, as will
be perceived from the note of the Secretary of State to their commissioner
dated on the 24th of December last, a copy of which is herewith trans-
mitted. Yucatan has never declared her independence, and we treated
her as a State of the Mexican Republic. For this reason we have never
officially received her commissioner; but whilst this is the case, we have
to a considerable extent recognized her as a neutral in our war with
Mexico. Whilst still considering Yucatan as a portion of Mexico, if we
had troops to spare for this purpose I would deem it proper, during the
continuance of the war with Mexico, to occupy and hold military pos-
session of her territory and to defend the white inhabitants against the
incursions of the Indians, in the same way that we have employed our
troops in other States of the Mexican Republic in our possession in
repelling the attacks of savages upon the inhabitants who have main-
tained their neutrality in the war. But, unfortunately, we can not at
James K. Polk
2433
the present time, without serious danger, withdraw our forces from other
portions of the Mexican territory now in our occupation and send them
to Yucatan. All that can be done under existing circumstances is to
employ our naval forces in the Gulf not required at other points to afford
them relief; but it is not to be expected that any adequate protection can
thus be afforded, as the operations of such naval forces must of necessity
be confined to the coast.
I have considered it proper to communicate the information contained
in the accompanying correspondence, and I submit to the wisdom of Con-
gress to adopt such measures as in their judgment may be expedient to
prevent Yucatan from becoming a colony of any European power, which in
no event could be permitted by the United States, and at the same time to
rescue the white race from extermination or expulsion from their country.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, May 5, 1848.
I communicate herewith a report from the Secretary of State, together
with the correspondence "between the Secretary of State and Don Justo
Sierra, the representative of Yucatan," called for by the resolution of the
Senate of the 4th instant.
I communicate also additional documents relating to the same subject.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, May 8, 1848.
I communicate herewith a report of the Secretary of War, together
with the accompanying documents, in compliance with the resolution of
the Senate of the 25th April, requesting the President to cause to be sent
to the Senate a copy of the opinion of the Attorney-General, with copies
of the accompanying papers, on the claim made by the Choctaw Indians
for $5,000, with interest thereon from the date of the transfer, being
the difference between the cost of the stock and the par value thereof
transferred to them by the Chickasaws under the convention of the 17th
of January, 1837.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, May 9, 1848.
In answer to the resolution of the Senate of the 8th instant, requesting
further information in relation to the condition of Yucatan, I transmit
herewith a report of the Secretary of the Navy, with the accompanying
copies of communications from officers of the Navy on the subject.
JAMES K. POLK.
2434
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, May 9, 1848.
I herewith communicate to the Senate, for their consideration with a
view to its ratification, a convention for the extension of certain stipula-
tions* contained in the treaty of commerce and navigation of August 27,
1829, between the United States and Austria, concluded and signed in
this city on the 8th instant by the respective plenipotentiaries.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, May 15, 1848.
I communicate herewith a report from the Secretary of the Navy,
together with the accompanying documents, in compliance with the res-
olution of the Senate of the 13th instant, requesting information as to
the measures taken for the protection of the white population of Yucatan
by the naval forces of the United States.
JAMES K. POLK.
WASHINGTON, May 19, 1848.
To the Senate and House of Representatives of the United States:
I transmit for the information of Congress a communication from the
Secretary of War and a report from the Commissioner of Indian Affairs,
showing the result of the settlement required by the treaty of August,
1846, with the Cherokees, and the appropriations requisite to carry the
provisions of that treaty into effect.
JAMES K. POLK.
WASHINGTON, May 29, 1848.
To the Senate and House of Representatives of the United States:
I lay before Congress the accompanying memorial and papers, which
have been transmitted to me, by a special messenger employed for that
purpose, by the governor and legislative assembly of Oregon Territory,
who constitute the temporary government which the inhabitants of that
distant region of our country have, from the necessity of their condition,
organized for themselves. The memorialists are citizens of the United
States. They express ardent attachment to their native land, and in
their present perilous and distressed situation they earnestly invoke the
aid and protection of their Government.
They represent that "the proud and powerful tribes of Indians" resid-
ing in their vicinity have recently raised "the war whoop and crimsoned
their tomahawks in the blood of their citizens;" that they apprehend
that "many of the powerful tribes inhabiting the upper valley of the
* Relating to disposal of property, etc.
James K. Polk
2435
Columbia have formed an alliance for the purpose of carrying on hos-
tilities against their settlements;" that the number of the white popula-
tion is far inferior to that of the savages; that they are deficient in arms
and money, and fear that they do not possess strength to repel the "attack
of so formidable a foe and protect their families and property from vio-
lence and rapine.' They conclude their appeal to the Government of
the United States for relief by declaring:
If it be at all the intention of our honored parent to spread her guardian wing over
her sons and daughters in Oregon, she surely will not refuse to do it now, when they
are struggling with all the ills of a weak and temporary government, and when perils
are daily thickening around them and preparing to burst upon their heads. When
the ensuing summer's sun shall have dispelled the snow from the mountains, we shall
look with glowing hope and restless anxiety for the coming of your laws and your
arms.
In my message of the 5th of August, 1846, communicating "a copy of
the convention for the settlement and adjustment of the Oregon bound-
ary," I recommended to Congress that "provision should be made by
law, at the earliest practicable period, for the organization of a Territorial
government in Oregon." In my annual message of December, 1846, .
and again in December, 1847, this recommendation was repeated.
The population of Oregon is believed to exceed 12,000 souls, and it is
known that it will be increased by a large number of emigrants during
the present season. The facts set forth in the accompanying memorial
and papers show that the dangers to which our fellow-citizens are exposed
are so imminent that I deem it to be my duty again to impress on Con-
gress the strong claim which the inhabitants of that distant country have
to the benefit of our laws and to the protection of our Government.
I therefore again invite the attention of Congress to the subject, and
recommend that laws be promptly passed establishing a Territorial gov-
ernment and granting authority to raise an adequate volunteer force for
the defense and protection of its inhabitants. It is believed that a regi-
ment of mounted men, with such additional force as may be raised in
Oregon, will be sufficient to afford the required protection. It is recom-
mended that the forces raised for this purpose should engage to serve for
twelve months, unless sooner discharged. No doubt is entertained that,
with proper inducements in land bounties, such a force can be raised in
a short time. Upon the expiration of their service many of them will
doubtless desire to remain in the country and settle upon the land which
they may receive as bounty. It is deemed important that provision be
made for the appointment of a suitable number of Indian agents to reside
among the various tribes in Oregon, and that appropriations be made to
enable them to treat with these tribes with a view to restore and preserve
peace between them and the white inhabitants.
Should the laws recommended be promptly passed, the measures for
their execution may be completed during the present season, and before
the severity of winter will interpose obstacles in crossing the Rocky
2436
Messages and Papers of the Presidents
Mountains. If not promptly passed, a delay of another year will be the
consequence, and may prove destructive to the white settlements in
Oregon.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, May 31, 1848.
I transmit herewith reports from the Secretary of State and the Secre-
tary of the Navy, with the accompanying correspondence, which contains
the information called for by the Senate in their resolution of the 30th
instant, relating to the existing condition of affairs in Yucatan.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, June 12, 1848.
I communicate herewith a report of the Secretary of State, together
with the accompanying documents, in compliance with the resolution of
the Senate of the 31st ultimo, "requesting the President to communicate
the correspondence not heretofore communicated between the Secretary
of State and the minister of the United States at Paris since the recent
change in the Government of France."
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, June 23, 1848.
I communicate herewith a report of the Secretary of War, with the
accompanying documents, in answer to a resolution of the Senate of
the 21st instant, requesting the President to communicate to the Senate,
in executive session, as early as practicable, the papers heretofore in the
possession of the Senate and returned to the War Department, together
with a statement from the Adjutant-General of the Army as to the merits
or demerits of the claim of James W. Schaumburg to be restored to rank
in the Army.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 5, 1848.
I submit herewith, for such action as the Senate shall deem proper, a
report of the Secretary of War, suggesting a discrepancy between the
resolutions of the Senate of the 15th and the 27th ultimo, advising and
consenting to certain appointments and promotions in the Army of the
United States.
JAMES K. POLK.
James K. Polk
2437
The PRESIDENT OF THE UNITED STATES.
WAR DEPARTMENT,
Washington, July 1, 1848.
SIR: I have the honor to submit herewith a report from the Adjutant-General of
the Army, inviting attention to a difficulty arising from the terms of certain confir-
mations made by the resolutions of the Senate of the 15th and 27th ultimo, the former
advising and consenting to the reappointment of Captain Edward Deas, Fourth Artil-
lery, who had been dismissed the service, and the latter advising and consenting to
the promotion of First Lieutenant Joseph Roberts to be captain, vice Deas, dismissed,
and Second Lieutenant John A. Brown to be first lieutenant, vice Roberts, promoted.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
ADJUTANT-GENERAL'S OFFICE,
Washington, June 29, 1848.
Hon. W. L. MARCY,
Secretary of War.
SIR: In a list of confirmations of regular promotions just received from the Sen-
ate, dated the 27th instant, it is observed, under the heading "Fourth Regiment of
Artillery," that First Lieutenant Joseph Roberts is confirmed as a captain, vice Deas,
dismissed, and Second Lieutenant John A. Brown as first lieutenant, vice Roberts,
promoted.
The President, having decided to reinstate Captain Deas, nominated him for resto-
ration to the Senate the 12th instant, withdrawing, as the records show, at the same
time the names of Lieutenants Roberts and Brown. This nomination of Captain
Deas was confirmed the 15th of June, and he has been commissioned accordingly. I
respectfully bring this matter to your notice under the impression that as the reso-
lutions of June 15 and June 27 conflict with each other it may be the wish of the
Senate to reconcile them by rescinding that portion of the latter which advises and
consents to the promotions of Lieutenants Roberts and Brown.
Respectfully submitted.
R. JONES, Adjutant-General.
WASHINGTON, July 6, 1848.
To the Senate and House of Representatives of the United States:
I lay before Congress copies of a treaty of peace, friendship, limits, and
settlement between the United States and the Mexican Republic, the
ratifications of which were duly exchanged at the city of Queretaro, in
Mexico, on the 30th day of May, 1848.
The war in which our country was reluctantly involved, in the nec-
essary vindication of the national rights and honor, has been thus termi-
nated, and I congratulate Congress and our common constituents upon
the restoration of an honorable peace.
The extensive and valuable territories ceded by Mexico to the United
States constitute indemnity for the past, and the brilliant achievements
and signal successes of our arms will be a guaranty of security for the
future, by convincing all nations that our rights must be respected. The
results of the war with Mexico have given to the United States a national
character abroad which our country never before enjoyed. Our power
and our resources have become known and are respected throughout the
2438
Messages and Papers of the Presidents
world, and we shall probably be saved from the necessity of engaging in
another foreign war for a long series of years. It is a subject of congrat-
ulation that we have passed through a war of more than two years' dura-
tion with the business of the country uninterrupted, with our resources
unexhausted, and the public credit unimpaired.
I communicate for the information of Congress the accompanying doc-
uments and correspondence, relating to the negotiation and ratification of
the treaty.
Before the treaty can be fully executed on the part of the United States
legislation will be required.
It will be proper to make the necessary appropriations for the pay-
ment of the $12,000,000 stipulated by the twelfth article to be paid to
Mexico in four equal annual installments. Three million dollars were
appropriated by the act of March 3, 1847, and that sum was paid to the
Mexican Government after the exchange of the ratifications of the treaty.
The fifth article of the treaty provides that-
In order to designate the boundary line with due precision upon authoritative maps,
and to establish upon the ground landmarks which shall show the limits of both
Republics as described in the present article, the two Governments shall each ap、
point a commissioner and a surveyor, who, before the expiration of one year from
the date of the exchange of ratifications of this treaty, shall meet at the port of San
Diego and proceed to run and mark the said boundary in its whole course to the
mouth of the Rio Bravo del Norte.
It will be necessary that provision should be made by law for the
appointment of a commissioner and surveyor on the part of the United
States to act in conjunction with a commissioner and surveyor appointed
by Mexico in executing the stipulations of this article.
It will be proper also to provide by law for the appointment of a
"board of commissioners" to adjudicate and decide upon all claims of
our citizens against the Mexican Government, which by the treaty have
been assumed by the United States.
New Mexico and Upper California have been ceded by Mexico to the
United States, and now constitute a part of our country. Embracing
nearly ten degrees of latitude, lying adjacent to the Oregon Territory,
and extending from the Pacific Ocean to the Rio Grande, a mean dis-
tance of nearly 1,000 miles, it would be difficult to estimate the value of
these possessions to the United States. They constitute of themselves a
country large enough for a great empire, and their acquisition is second
only in importance to that of Louisiana in 1803. Rich in mineral and
agricultural resources, with a climate of great salubrity, they embrace
the most important ports on the whole Pacific coast of the continent of
North America. The possession of the ports of San Diego and Monterey
and the Bay of San Francisco will enable the United States to command
the already valuable and rapidly increasing commerce of the Pacific. The
number of our whale ships alone now employed in that sea exceeds 700,
requiring more than 20,000 seamen to navigate them, while the capital
invested in this particular branch of commerce is estimated at not less
James K. Polk
2439
than $40,000,000. The excellent harbors of Upper California will under
our flag afford security and repose to our commercial marine, and Ameri-
can mechanics will soon furnish ready means of shipbuilding and repair,
which are now so much wanted in that distant sea.
By the acquisition of these possessions we are brought into immediate
proximity with the west coast of America, from Cape Horn to the Rus-
sian possessions north of Oregon, with the islands of the Pacific Ocean,
and by a direct voyage in steamers we will be in less than thirty days of
Canton and other ports of China.
In this vast region, whose rich resources are soon to be developed by
American energy and enterprise, great must be the augmentation of our
commerce, and with it new and profitable demands for mechanic labor in
all its branches and new and valuable markets for our manufactures and
agricultural products.
While the war has been conducted with great humanity and forbear-
ance and with complete success on our part, the peace has been con-
cluded on terms the most liberal and magnanimous to Mexico. In her
hands the territories now ceded had remained, and, it is believed, would
have continued to remain, almost unoccupied, and of little value to her
or to any other nation, whilst as a part of our Union they will be pro-
ductive of vast benefits to the United States, to the commercial world,
and the general interests of mankind.
The immediate establishment of Territorial governments and the ex-
tension of our laws over these valuable possessions are deemed to be
not only important, but indispensable to preserve order and the due
administration of justice within their limits, to afford protection to the
inhabitants, and to facilitate the development of the vast resources and
wealth which their acquisition has added to our country.
The war with Mexico having terminated, the power of the Executive
to establish or to continue temporary civil governments over these terri-
tories, which existed under the laws of nations whilst they were regarded
as conquered provinces in our military occupation, has ceased. By their
cession to the United States Mexico has no longer any power over them,
and until Congress shall act the inhabitants will be without any organ-
ized government. Should they be left in this condition, confusion and
anarchy will be likely to prevail.
Foreign commerce to a considerable amount is now carried on in the
ports of Upper California, which will require to be regulated by our laws.
As soon as our system shall be extended over this commerce, a revenue
of considerable amount will be at once collected, and it is not doubted
that it will be annually increased. For these and other obvious reasons
I deem it to be my duty earnestly to recommend the action of Congress
on the subject at the present session.
In organizing governments over these territories, fraught with such
vast advantages to every portion of our Union, I invoke that spirit of
concession, conciliation, and compromise in your deliberations in which
the Constitution was framed, in which it should be administered, and
2440
Messages and Papers of the Presidents
which is so indispensable to preserve and perpetuate the harmony and
union of the States. We should never forget that this Union of confed-
erated States was established and cemented by kindred blood and by the
common toils, sufferings, dangers, and triumphs of all its parts, and has
been the ever-augmenting source of our national greatness and of all our
blessings.
There has, perhaps, been no period since the warning so impressively
given to his countrymen by Washington to guard against geographical
divisions and sectional parties which appeals with greater force than the
present to the patriotic, sober-minded, and reflecting of all parties and
of all sections of our country. Who can calculate the value of our glo-
rious Union? It is a model and example of free government to all the
world, and is the star of hope and haven of rest to the oppressed of every
clime. By its preservation we have been rapidly advanced as a nation.
to a height of strength, power, and happiness without a parallel in the
history of the world. As we extend its blessings over new regions, shall
we be so unwise as to endanger its existence by geographical divisions
and dissensions?
With a view to encourage the early settlement of these distant posses-
sions, I recommend that liberal grants of the public lands be secured to
all our citizens who have settled or may in a limited period settle within
their limits.
In execution of the provisions of the treaty, orders have been issued
to our military and naval forces to evacuate without delay the Mexican
Provinces, cities, towns, and fortified places in our military occupation,
and which are not embraced in the territories ceded to the United States.
The Army is already on its way to the United States. That portion of
it, as well regulars as volunteers, who engaged to serve during the war
with Mexico will be discharged as soon as they can be transported or
marched to convenient points in the vicinity of their homes. A part of
the Regular Army will be employed in New Mexico and Upper Califor-
nia to afford protection to the inhabitants and to guard our interests in
these territories.
The old Army, as it existed before the commencement of the war with
Mexico, especially if authority be given to fill up the rank and file of the
several corps to the maximum number authorized during the war, it is
believed, will be a sufficient force to be retained in service during a period
of peace.
A few additional officers in the line and staff of the Army
have been authorized, and these, it is believed, will be necessary in the
peace establishment, and should be. retained in the service.
The number of the general officers may be reduced, as vacancies occur
by the casualties of the service, to what it was before the war.
While the people of other countries who live under forms of govern-
ment less free than our own have been for ages oppressed by taxation
to support large standing armies in periods of peace, our experience has
THE BATTLE OF CHAPULTEPEC
September 12th and 13th, 1847
By means of ladders Scott's gallant storming-party, under severe fire
all the time, swarmed over the walls of the castle of Chapultepec. It stood
150 feet above the plain on the summit of a hill, and in addition to the walls
of the fortress proper, the Americans had to make their way through two
other walls, which surrounded the entire building and were from twelve to
fifteen feet high, with a ten-foot interval between them. Over their heads
screamed the projectiles from the American artillery, while the Mexican
gunners, under the direction of French experts, replied in kind. But after
penetrating the outer walls, the troops rushed up their ladders into the fort
itself, and after the kind of fighting shown in the picture, the Mexican flag
came down and in its place fluttered Old Glory.
The full account is given in the article entitled "Chapultepec (Mexico),
Battle of," in the Encyclopedic Index, and a presidential reference to the
event is noted just below.
James K. Polk
2441
shown that such establishments are unnecessary in a republic. Our
standing army is to be found in the bosom of society. It is composed of
free citizens, who are ever ready to take up arms in the service of their
country when an emergency requires it. Our experience in the war just
closed fully confirms the opinion that such an army may be raised upon
a few weeks' notice, and that our citizen soldiers are equal to any troops
in the world. No reason, therefore, is perceived why we should enlarge
our land forces and thereby subject the Treasury to an annual increased
charge. Sound policy requires that we should avoid the creation of a
large standing army in a period of peace. No public exigency requires it.
Such armies are not only expensive and unnecessary, but may become
dangerous to liberty.
Besides making the necessary legislative provisions for the execution
of the treaty and the establishment of Territorial governments in the
ceded country, we have, upon the restoration of peace, other important
duties to perform. Among these I regard none as more important than
the adoption of proper measures for the speedy extinguishment of the
national debt. It is against sound policy and the genius of our institu-
tions that a public debt should be permitted to exist a day longer than
the means of the Treasury will enable the Government to pay it off. We
should adhere to the wise policy laid down by President Washington,
of "avoiding likewise the accumulation of debt, not only by shunning
occasions of expense, but by vigorous exertions in time of peace to dis-
charge the debts which unavoidable wars have occasioned, not ungener-
ously throwing upon posterity the burthen which we ourselves ought to
bear."
At the commencement of the present Administration the public debt
amounted to $17,788,799.62. In consequence of the war with Mexico,
it has been necessarily increased, and now amounts to $65,778,450.41,
including the stock and Treasury notes which may yet be issued under
the act of January 28, 1847, and the $16,000,000 loan recently negotiated
under the act of March 31, 1848.
In addition to the amount of the debt, the treaty stipulates that $12,
000,000 shall be paid to Mexico, in four equal annual installments of
$3,000,000 each, the first of which will fall due on the 30th day of May,
1849. The treaty also stipulates that the United States shall "assume.
and pay" to our own citizens "the claims already liquidated and decided
against the Mexican Republic," and "all claims not heretofore decided
against the Mexican Government, "“to an amount not exceeding three
and a quarter millions of dollars." The "liquidated" claims of citizens
of the United States against Mexico, as decided by the joint board of
commissioners under the convention between the United States and Mex-
ico of the 11th of April, 1839, amounted to $2,026,139.68. This sum
was payable in twenty equal annual installments. Three of them have
been paid to the claimants by the Mexican Government and two by the
I
79
2442
Messages and Papers of the Presidents
United States, leaving to be paid of the principal of the liquidated amount
assumed by the United States the sum of $1,519,604.76, together with
the interest thereon. These several amounts of "liquidated" and un-
liquidated claims assumed by the United States, it is believed, may be
paid as they fall due out of the accruing revenue, without the issue of
stock or the creation of any additional public debt.
I can not too strongly recommend to Congress the importance of hus-
banding all our national resources, of limiting the public expenditures
to necessary objects, and of applying all the surplus at any time in the
Treasury to the redemption of the debt. I recommend that authority
be vested in the Executive by law to anticipate the period of reimburse-
ment of such portion of the debt as may not be now redeemable, and
to purchase it at par, or at the premium which it may command in the
market, in all cases in which that authority has not already been granted.
A premium has been obtained by the Government on much the larger
portion of the loans, and if when the Government becomes a purchaser
of its own stock it shall command a premium in the market, it will be
sound policy to pay it rather than to pay the semiannual interest upon it.
The interest upon the debt, if the outstanding Treasury notes shall be
funded, from the end of the last fiscal year until it shall fall due and be
redeemable will be very nearly equal to the principal, which must itself
be ultimately paid.
Without changing or modifying the present tariff of duties, so great
has been the increase of our commerce under its benign operation that
the revenue derived from that source and from the sales of the public
lands will, it is confidently believed, enable the Government to discharge
annually several millions of the debt and at the same time possess the
means of meeting necessary appropriations for all other proper objects.
Unless Congress shall authorize largely increased expenditures for objects
not of absolute necessity, the whole public debt existing before the Mexi-
can war and that created during its continuance may be paid off without
any increase of taxation on the people long before it falls due.
Upon the restoration of peace we should adopt the pclicy suited to a
state of peace. In doing this the earliest practicable payment of the pub-
lic debt should be a cardinal principle of action. Profiting by the expe-
rience of the past, we should avoid the errors into which the country
was betrayed shortly after the close of the war with Great Britain in 1815.
In a few years after that period a broad and latitudinous construction of
the powers of the Federal Government unfortunately received but too
much countenance. Though the country was burdened with a heavy
public debt, large, and in some instances unnecessary and extravagant,
expenditures were authorized by Congress. The consequence was that
the payment of the debt was postponed for more than twenty years, and
even then it was only accomplished by the stern will and unbending
policy of President Jackson, who made its payment a leading measure of
James K. Polk
2443
his Administration. He resisted the attempts which were made to divert
the public money from that great object and apply it in wasteful and
extravagant expenditures for other objects, some of them of more than
doubtful constitutional authority and expediency.
If the Government of the United States shall observe a proper economy
in its expenditures, and be confined in its action to the conduct of our
foreign relations and to the few general objects of its care enumerated in
the Constitution, leaving all municipal and local legislation to the States,
our greatness as a nation, in moral and physical power and in wealth and
resources, can not be calculated.
By pursuing this policy oppressive measures, operating unequally and
unjustly upon sections and classes, will be avoided, and the people, hav-
ing no cause of complaint, will pursue their own interests under the
blessings of equal laws and the protection of a just and paternal Govern-
ment. By abstaining from the exercise of all powers not clearly con-
ferred, the current of our glorious Union, now numbering thirty States,
will be strengthened as we grow in age and increase in population, and
our future destiny will be without a parallel or example in the history
of nations.
To the Senate of the United States:
JAMF, K. POLK.
WASHINGTON, July 7, 1848.
For the reasons mentioned in the accompanying letter of the Secretary
of War, I ask that the date in the promotion of Captain W. J. Hardee,
Second Dragoons, to be major by brevet for gallant and meritorious con-
duct in the affair at Madellin, Mexico, be changed to the 25th of March,
1847, the day on which the action occurred.
The PRESIDENT OF THE UNITED STATES.
JAMES K. POLK.
WAR DEPARTMENT,
Washington, July 7, 1848.
SIR: Captain W. J. Hardee, Second Dragoons, has been promoted to be major by
brevet for gallant and meritorious conduct in the affair at Madellin, Mexico, to date
from the 26th of March, 1847. As this affair took place on the 25th of that month,
I respectfully recommend that the Senate be asked to change the date of Captain
Hardee's brevet rank so as to correspond with the date of the action, to wit, the 25th
of March, 1847. Brevets which have been conferred upon other officers in the same
affair take the latter date.
Very respectfully, your obedient servant,
To the Senate of the United States:
W. L. MARCY,
Secretary of War.
WASHINGTON, July 12, 1848.
In compliance with a resolution of the Senate, of the 21st June, 1848,
I herewith communicate to the Senate a report of the Secretary of War,
2444
Messages and Papers of the Presidents
with the accompanying documents, containing the proceedings of a court.
of inquiry which convened at Saltillo, Mexico, January 12, 1848, and
which was instituted for the purpose of obtaining full information rel-
ative to an alleged mutiny in the camp of Buena Vista, Mexico, on or
about the 15th of August, 1847.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, July 14, 1848.
In compliance with the resolution of the Senate of July 13, 1848, I
transmit herewith a report of the Secretary of War and accompanying
documents, containing all the proceedings of the two courts of inquiry in
the case of Major-General Pillow, the one commenced and terminated
in Mexico, the other commenced in Mexico and terminated in the United
States.
JAMES K. POLK.
WASHINGTON, July 24, 1848.
To the House of Representatives of the United States:
In answer to the resolutions of the House of Representatives of the
Ioth instant, requesting information in relation to New Mexico and Cal-
ifornia, I communicate herewith reports from the Secretary of State, the
Secretary of the Treasury, the Secretary of War, and the Secretary of
the Navy, with the documents which accompany the same. These reports
and documents contain information upon the several points of inquiry
embraced by the resolutions. "The proper limits and boundaries of
New Mexico and California" are delineated on the map referred to in
the late treaty with Mexico, an authentic copy of which is herewith trans-
mitted; and all the additional information upon that subject, and also the
most reliable information in respect to the population of these respective
Provinces, which is in the possession of the Executive will be found in
the accompanying report of the Secretary of State.
The resolutions request information in regard to the existence of civil
governments in New Mexico and California, their "form and charac-
ter," by "whom instituted," by "what authority," and how they are
"maintained and supported."
In my message of December 22, 1846, in answer to a resolution of the
House of Representatives calling for information "in relation to the es-
tablishment or organization of civil government in any portion of the
territory of Mexico which has or might be taken possession of by the
Army or Navy of the United States," I communicated the orders which
had been given to the officers of our Army and Navy, and stated the
general authority upon which temporary military governments had been
established over the conquered portion of Mexico then in our military
occupation.
James K. Polk
2445
The temporary governments authorized were instituted by virtue of the
rights of war. The power to declare war against a foreign country, and
to prosecute it according to the general laws of war, as sanctioned by
civilized nations, it will not be questioned, exists under our Constitution.
When Congress has declared that war exists with a foreign nation, "the
general laws of war apply to our situation," and it becomes the duty of
the President, as the constitutional "Commander in Chief of the Army
and Navy of the United States," to prosecute it.
In prosecuting a foreign war thus duly declared by Congress, we have
the right, by "conquest and military occupation," to acquire possession of
the territories of the enemy, and, during the war, to "exercise the fullest
rights of sovereignty over it." The sovereignty of the enemy is in such
case "suspended," and his laws can "no longer be rightfully enforced"
over the conquered territory "or be obligatory upon the inhabitants who
remain and submit to the conqueror. By the surrender the inhabitants
pass under a temporary allegiance" to the conqueror, and are "bound by
such laws, and such only, as" he may choose to recognize and impose.
"From the nature of the case, no other laws could be obligatory upon
them, for where there is no protection or allegiance or sovereignty there
can be no claim to obedience." These are well-established principles
of the laws of war, as recognized and practiced by civilized nations, and
they have been sanctioned by the highest judicial tribunal of our own
country.
The orders and instructions issued to the officers of our Army and
Navy, applicable to such portions of the Mexican territory as had been
or might be conquered by our arms, were in strict conformity to these
principles. They were, indeed, ameliorations of the rigors of war upon
which we might have insisted. They substituted for the harshness of
military rule something of the mildness of civil government, and were
not only the exercise of no excess of power, but were a relaxation in
favor of the peaceable inhabitants of the conquered territory who had
submitted to our authority, and were alike politic and humane.
It is from the same source of authority that we derive the unques-
tioned right, after the war has been declared by Congress, to blockade
the ports and coasts of the enemy, to capture his towns, cities,
and prov-
inces, and to levy contributions upon him for the support of our Army.
Of the same character with these is the right to subject to our temporary
military government the conquered territories of our enemy. They are
all belligerent rights, and their exercise is as essential to the successful
prosecution of a foreign war as the right to fight battles.
New Mexico and Upper California were among the territories con-
quered and occupied by our forces, and such temporary governments
were established over them. They were established by the officers of
our Army and Navy in command, in pursuance of the orders and in-
structions accompanying my message to the House of Representatives of
2446
Messages and Papers of the Presidents
December 22, 1846. In their form and detail, as at first established, they
exceeded in some respects, as was stated in that message, the authority
which had been given, and instructions for the correction of the error
were issued in dispatches from the War and Navy Departments of the
11th of January, 1847, copies of which are herewith transmitted. They
have been maintained and supported out of the military exactions and
contributions levied upon the enemy, and no part of the expense has
been paid out of the Treasury of the United States.
In the routine of duty some of the officers of the Army and Navy who
first established temporary governments in California and New Mexico
have been succeeded in command by other officers, upon whom light
duties devolved; and the agents employed or designated by them to
conduct the temporary governments have also, in some instances, been
superseded by others. Such appointments for temporary civil duty dur-
ing our military occupation were made by the officers in command in
the conquered territories, respectively.
On the conclusion and exchange of ratifications of a treaty of peace
with Mexico, which was proclaimed on the 4th instant, these temporary
governments necessarily ceased to exist. In the instructions to estab-
lish a temporary government over New Mexico, no distinction was
made between that and the other Provinces of Mexico which might be
conquered and heid in our military occupation.
The Province of New Mexico, according to its ancient boundaries, as
claimed by Mexico, lies on both sides of the Rio Grande. That part of
it on the east of that river was in dispute when the war between the
United States and Mexico commenced. Texas, by a successful revolu-
tion in April, 1836, achieved, and subsequently maintained, her inde-
pendence. By an act of the Congress of Texas passed in December,
1836, her western boundary was declared to be the Rio Grande from its
mouth to its source, and thence due north to the forty-second degree
of north latitude. Though the Republic of Texas, by many acts of sov-
ereignty which she asserted and exercised, some of which were stated in
my annual message of December, 1846, had established her clear title to
the country west of the Nueces, and bordering upon that part of the Rio
Grande which lies below the Province of New Mexico, she had never
conquered or reduced to actual possession and brought under her Gov-
ernment and laws that part of New Mexico lying east of the Rio Grande,
which she claimed to be within her limits. On the breaking out of the
war we found Mexico in possession of this disputed territory. As our
Army approached Sante Fe (the capital of New Mexico) it was found to
be held by a governor under Mexican authority, with an armed force col-
lected to resist our advance. The inhabitants were Mexicans, acknowl-
edging allegiance to Mexico. The boundary in dispute was the line
between the two countries engaged in actual war, and the settlement
of it of necessity depended on a treaty of peace. Finding the Mexican
James K. Polk
2447
authorities and people in possession, our forces conquered them, and ex-
tended military rule over them and the territory which they actually occu-
pied, in lieu of the sovereignty which was displaced. It was not possible.
to disturb or change the practical boundary line in the midst of the
war, when no negotiation for its adjustment could be opened, and when
Texas was not present, by her constituted authorities, to establish and
maintain government over a hostile Mexican population who acknowl-
edged no allegiance to her. There was, therefore, no alternative left but
to establish and maintain military rule during the war over the conquered
people in the disputed territory who had submitted to our arms, or to
forbear the exercise of our belligerent rights and leave them in a state
of anarchy and without control.
Whether the country in dispute rightfully belonged to Mexico or to
Texas, it was our right in the first case, and our duty as well as our right
in the latter, to conquer and hold it. Whilst this territory was in our
possession as conquerors, with a population hostile to the United States,
which more than once broke out in open insurrection, it was our unques-
tionable duty to continue our military occupation of it until the conclu-
sion of the war, and to establish over it a military government, necessary
for our own security as well as for the protection of the conquered people.
By the joint resolution of Congress of March 1, 1845, "for annexing
Texas to the United States," the "adjustment of all questions of bound-
ary which may arise with other governments" was reserved to this Gov-
ernment. When the conquest of New Mexico was consummated by our
arms, the question of boundary remained still unadjusted. Until the ex-
change of the ratifications of the late treaty, New Mexico never became
an undisputed portion of the United States, and it would therefore have
been premature to deliver over to Texas that portion of it on the east
side of the Rio Grande, to which she asserted a claim. However just the
right of Texas may have been to it, that right had never been reduced
into her possession, and it was contested by Mexico.
By the cession of the whole of New Mexico, on both sides of the Rio
Grande, to the United States, the question of disputed boundary, so far
as Mexico is concerned, has been settled, leaving the question as to the
true limits of Texas in New Mexico to be adjusted between that State
and the United States.
Under the circumstances existing during the pendency of the war, and
while the whole of New Mexico, as claimed by our enemy, was in our
military occupation, I was not unmindful of the rights of Texas to that
portion of it which she claimed to be within her limits. In answer to a
letter from the governor of Texas dated on the 4th of January, 1847, the
Secretary of State, by my direction, informed him in a letter of the 12th
of February, 1847, that in the President's annual message of December,
1846-
You have already perceived that New Mexico is at present in the temporary occu-
pation of the troops of the United States, and the government over it is military in
its character. It is merely such a government as must exist under the laws of nations
2448
Messages and Papers of the Presidents
and of war to preserve order and protect the rights of the inhabitants, and will cease
on the conclusion of a treaty of peace with Mexico. Nothing, therefore, can be more
certain than that this temporary government, resulting from necessity, can never in-
juriously affect the right which the President believes to be justly asserted by Texas
to the whole territory on this side of the Rio Grande whenever the Mexican claim to
it shall have been extinguished by treaty. But this is a subject which more properly
belongs to the legislative than the executive branch of the Government.
The result of the whole is that Texas had asserted a right to that part
of New Mexico east of the Rio Grande, which is believed, under the acts
of Congress for the annexation and admission of Texas into the Union
as a State, and under the constitution and laws of Texas, to be well
founded; but this right had never been reduced to her actual possession
and occupancy. The General Government, possessing exclusively the
war-making power, had the right to take military possession of this dis-
puted territory, and until the title to it was perfected by a treaty of peace
it was their duty to hold it and to establish a temporary military gov-
ernment over it for the preservation of the conquest itself, the safety of
our Army, and the security of the conquered inhabitants.
It ap-
The resolutions further request information whether any persons have
been tried and condemned for "treason against the United States in that
part of New Mexico lying east of the Rio Grande since the same has
been in the occupancy of our Army," and, if so, before "what tribunal”
and "by what authority of law such tribunal was established."
pears that after the territory in question was "in the occupancy of our
Army" some of the conquered Mexican inhabitants, who had at first
submitted to our authority, broke out in open insurrection, murdering
our soldiers and citizens and committing other atrocious crimes. Some
of the principal offenders who were apprehended were tried and con-
demned by a tribunal invested with civil and criminal jurisdiction, which
had been established in the conquered country by the military officer in
command. That the offenders deserved the punishment inflicted upon
them there is no reason to doubt, and the error in the proceedings
against them consisted in designating and describing their crimes as
'treason against the United States.' This error was pointed out, and
its recurrence thereby prevented, by the Secretary of War in a dispatch
to the officer in command in New Mexico dated on the 26th of June,
1847, a copy of which, together with copies of all communications relat-
ing to the subject which have been received at the War Department, is
herewith transmitted.
The resolutions call for information in relation to the quantity of the
public lands acquired within the ceded territory, and "how much of
the same is within the boundaries of Texas as defined by the act of the
Congress of the Republic of Texas of the 19th day of December, 1836."
No means of making an accurate estimate on the subject is in the pos-
session of the executive department. The information which is possessed
will be found in the accompanying report of the Secretary of the Treasury.
James K. Polk
2449
The country ceded to the United States lying west of the Rio Grande,
and to which Texas has no title, is estimated by the commissioner of the
General Land Office to contain 526,078 square miles, or 336,689,920 acres.
The period since the exchange of ratifications of the treaty has been
too short to enable the Government to have access to or to procure ab-
stracts or copies of the land titles issued by Spain or by the Republic of
Mexico. Steps will be taken to procure this information at the earliest
practicable period. It is estimated, as appears from the accompanying
report of the Secretary of the Treasury, that much the larger portion of
the land within the territories ceded remains vacant and unappropriated,
and will be subject to be disposed of by the United States. Indeed, a
very inconsiderable portion of the land embraced in the cession, it is
believed, has been disposed of or granted either by Spain or Mexico.
What amount of money the United States may be able to realize from
the sales of these vacant lands must be uncertain, but it is confidently
believed that with prudent management, after making liberal grants to
emigrants and settlers, it will exceed the cost of the war and all the ex-
penses to which we have been subjected in acquiring it.
The resolutions also call for "the evidence, or any part thereof, that
the 'extensive and valuable territories ceded by Mexico to the United
States constitute indemnity for the past.
The immense value of the ceded country does not consist alone in the
amount of money for which the public lands may be sold. If not a dollar
could be realized from the sale of these lands, the cession of the juris-
diction over the country and the fact that it has become a part of our
Union and can not be made subject to any European power constitute
ample "indemnity for the past" in the immense value and advantages
which its acquisition must give to the commercial, navigating, manufac-
turing, and agricultural interests of our country.
The value of the public lands embraced within the limits of the ceded
territory, great as that value may be, is far less important to the people of
the United States than the sovereignty over the country. Most of our
States contain no public lands owned by the United States, and yet the
sovereignty and jurisdiction over them is of incalculable importance to
the nation. In the State of New York the United States is the owner
of no public lands, and yet two-thirds of our whole revenue is collected
at the great port of that State, and within her limits is found about one-
seventh of our entire population. Although none of the future cities on
our coast of California may ever rival the city of New York in wealth,
population, and business, yet that important cities will grow up on the
magnificent harbors of that coast, with a rapidly increasing commerce and
population, and yielding a large revenue, would seem to be certain. By
the possession of the safe and capacious harbors on the Californian coast.
we shall have great advantages in securing the rich commerce of the East,
and shall thus obtain for our products new and increased markets and
2450
Messages and Papers of the Presidents
greatly enlarge our coasting and foreign trade, as well as augment our
tonnage and revenue.
These great advantages, far more than the simple value of the public
lands in the ceded territory, "constitute our indemnity for the past."
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 28, 1848.
I have received from the Senate the "convention for the mutual deliv
ery of criminals, fugitives from justice, in certain cases, concluded on
the 29th of January, 1845, between the United States on the one part
and Prussia and other States of the German Confederation on the other
part," with a copy of their resolution of the 21st of June last, advising
and consenting to its ratification, with an amendment extending the
period for the exchange of ratifications until the 28th of September, 1848.
I have taken this subject into serious and deliberate consideration, and
regret that I can not ratify this convention, in conformity with the advice
of the Senate, without violating my convictions of duty. Having arrived
at this conclusion, I deem it proper and respectful, considering the pecul-
iar circumstances of the present case and the intimate relations which
the Constitution has established between the President and Senate, to
make known to you the reasons which influence me to come to this
determination.
+
On the 16th of December, 1845, I communicated this convention to the
Senate for its consideration, at the same time stating my objections to
the third article. I deemed this to be a more proper and respectful
course toward the Senate, as well as toward Prussia and the other par-
ties to it, than if I had withheld it and disapproved it altogether. Had
the Senate concurred with me in opinion and rejected the third article,
then the convention thus amended would have conformed to our treaties
of extradition with Great Britain and France.
But the Senate did not act upon it within the period limited for the
exchange of ratifications. From this I concluded that they had concurred
with me in opinion in regard to the third article, and had for this and
other reasons deemed it proper to take no proceedings upon the conven-
tion. After this date, therefore, I considered the affair as terminated.
Upon the presumption that this was the fact, new negotiations upon
the subject were commenced, and several conferences were held between
the Secretary of State and the Prussian minister. These resulted in a
protocol signed at the Department of State on the 27th of April, 1847, in
which the Secretary proposed either that the two Governments might
agree to extend the time for the exchange of ratifications, and thus revive
the convention, provided the Prussian Government would previously inti-
mate its consent to the omission of the third article, or he "expressed his
James K. Polk
2451
willingness immediately to conclude with Mr. Gerolt a new convention,
if he possessed the requisite powers from his Government, embracing all
the provisions contained in that of the 29th January, 1845, with the
exception of the third article. To this Mr. Gerolt observed that he had
no powers to conclude such a convention, but would submit the propo-
sitions of Mr. Buchanan to the Prussian Government for further instruc-
tions."
Mr. Gerolt has never yet communicated in writing to the Department
of State the answer of his Government to these propositions, but the
Secretary of State, a few months after the date of the protocol, learned
from him in conversation that they insisted upon the third article of the
convention as a sine qua non.
Thus the second negotiation had finally
terminated by a disagreement between the parties, when, more than a
year afterwards, on the 21st June, 1848, the Senate took the original
convention into consideration and ratified it, retaining the third article.
After the second negotiation with the Prussian Government, in which
the objections to the third article were stated, as they had been previ
ously in my message of the 16th December, 1845, a strong additional
difficulty was interposed to the ratification of the convention; but I
might overcome this difficulty if my objections to the third article had
not grown stronger by further reflection. For a statement of them in
detail I refer you to the accompanying memorandum, prepared by the
Secretary of State by my direction.
I can not believe that the sovereign States of this Union, whose admin-
istration of justice would be almost exclusively affected by such a con-
vention, will ever be satisfied with a treaty of extradition under which if
a German subject should commit murder or any other high crime in New
York or New Orleans, and could succeed in escaping to his own country,
he would thereby be protected from trial and punishment under the juris-
diction of our State laws which he had violated. It is true, as has been
stated, that the German States, acting upon a principle springing from
the doctrine of perpetual allegiance, still assert the jurisdiction of trying
and punishing their subjects for crimes committed in the United States
or any other portion of the world. It must, however, be manifest that
individuals throughout our extended country would rarely, if ever, follow
criminals to Germany with the necessary testimony for the purpose of
prosecuting them to conviction before German courts for crimes com-
mitted in the United States.
On the other hand, the Constitution and laws of the United States, as
well as of the several States, would render it impossible that crimes com-
mitted by our citizens in Germany could be tried and punished in any
portion of this Union.
But if no other reason existed for withholding my ratification from this
treaty, the great change which has recently occurred in the organization.
of the Government of the German States would be sufficient. By the last
2452
Messages and Papers of the Presidents
advices we learn that the German Parliament, at Frankfort, have already
established a federal provisional Executive for all the States of Ger-
many, and have elected the Archduke John of Austria to be "Admin-
istrator of the Empire." One of the attributes of this Executive is “to
represent the Confederation in its relations with foreign nations and
to appoint diplomatic agents, ministers, and consuls." Indeed, our
minister at Berlin has already suggested the propriety of his transfer
to Frankfort. In case this convention with nineteen of the thirty-nine
German States should be ratified, this could amount to nothing more
than a proposition on the part of the Senate and President to these nine-
teen States who were originally parties to the convention to negotiate.
anew on the subject of extradition. In the meantime a central German
Government has been provisionally established, which extinguishes the
right of these separate parties to enter into negotiations with foreign
Governments on subjects of several interest to the whole.
Admitting such a treaty as that which has been ratified by the Senate
to be desirable, the obvious course would now be to negotiate with the
General Government of Germany. A treaty concluded with it would
embrace all the thirty-nine States of Germany, and its authority, being
coextensive with the Empire, fugitives from justice found in any of these
States would be surrendered up on the requisition of our minister at
Frankfort. This would be more convenient and effectual than to address
such separate requisitions to each of the nineteen German States with
which the convention was concluded.
I communicate herewith, for the information of the Senate, copies of
a dispatch from our minister at Berlin and a communication from our
consul at Darmstadt.
JAMES K. POLK.
WASHINGTON, July 29, 1848.
To the House of Representatives of the United States:
In answer to the resolution of the House of Representatives of the
17th instant, requesting the President "to communicate, if not incon-
sistent with the public interests, copies of all instructions given to the
Hon. Ambrose H. Sevier and Nathan Clifford, commissioners appointed
to conduct negotiations for the ratification of the treaty lately concluded
between the United States and the Republic of Mexico," I have to state
that in my opinion it would be "inconsistent with the public interests”
to give publicity to these instructions at the present time.
I avail myself of this occasion to observe that, as a general rule appli-
cable to all our important negotiations with foreign powers, it could not
fail to be prejudicial to the public interest to publish the instructions.
to our ministers until some time had elapsed after the conclusion of such
negotiations.
In the present case the object of the mission of our commissioners to
James K. Polk
2453
Mexico has been accomplished. The treaty, as amended by the Senate
of the United States, has been ratified. The ratifications have been
exchanged and the treaty has been proclaimed as the supreme law of the
land. No contingency occurred which made it either necessary of
proper for our commissioners to enter upon any negotiations with the
Mexican Government further than to urge upon that Government the
ratification of the treaty in its amended form.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 31, 1848.
I communicate herewith a report from the Secretary of State, contain-
ing the information called for by the resolution of the Senate of the 24th
of April, 1848, in relation "to the claim of the owners of the ship Miles,
of Warren, in the State of Rhode Island, upon the Government of Por-
tugal for the payment of a cargo of oil taken by the officers and applied
to the uses of that Government.'
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, July 31, 1848.
In compliance with the resolution of the Senate of the 28th instant,
requesting the President to communicate to that body, "in confidence,
if not inconsistent with the public interest, what steps, if any, have been
taken by the Executive to extinguish the rights of the Hudsons Bay and
Puget Sound Land Company within the Territory of Oregon, and such
communications, if any, which may have been received from the British
Government in relation to this subject," I communicate herewith a report
from the Secretary of State, with the accompanying documents.
JAMES K. POLK.
WASHINGTON, August 1, 1848.
To the House of Representatives of the United States:
I communicate herewith a report from the Secretary of War, contain-
ing the information called for by the resolution of the House of Repre-
sentatives of the 17th July, 1848, in relation to the number of Indians
in Oregon, California, and New Mexico, the number of military posts,
the number of troops which will be required in each, and "the whole mili-
tary force which should constitute the peace establishment.”
I have seen no reason to change the opinion expressed in my message
to Congress of the 6th July, 1848, transmitting the treaty of peace with
Mexico, that "the old Army, as it existed before the commencement of
the war with Mexico, especially if authority be given to fill up the rank
and file of the several corps to the maximum number authorized during
2454
Messages and Papers of the Presidents
the war, will be a sufficient force to be retained in service during a period
of peace."
The old Army consists of fifteen regiments. By the act of the 13th of
May, 1846, the President was authorized, by "voluntary enlistments, to
increase the number of privates in each or any of the companies of the
existing regiments of dragoons, artillery, and infantry to any number
not exceeding 100," and to "reduce the same to 64 when the exigencies
requiring the present increase shall cease." Should this act remain in
force, the maximum number of the rank and file of the Army author-
ized by it would be over 16,000 men, exclusive of officers. Should the
authority conferred by this act be continued, it would depend on the
exigencies of the service whether the number of the rank and file should
be increased, and, if so, to what amount beyond the minimum number
of 64 privates to a company.
Allowing 64 privates to a company, the Army would be over 10,000
men, exclusive of commissioned and noncommissioned officers, a number
which, it is believed, will be sufficient; but, as a precautionary measure,
it is deemed expedient that the Executive should possess the power of
increasing the strength of the respective corps should the exigencies
of the service be such as to require it. Should these exigencies not call
for such increase, the discretionary power given by the act to the Presi-
dent will not be exercised.
It will be seen from the report of the Secretary of War that a por-
tion of the forces will be employed in Oregon, New Mexico, and Upper
California; a portion for the protection of the Texas frontier adjoining
the Mexican possessions, and bordering on the territory occupied by the
Indian tribes within her limits. After detailing the force necessary for
these objects, it is believed a sufficient number of troops will remain to
afford security and protection to our Indian frontiers in the West and
Northwest and to occupy with sufficient garrisons the posts on our north-
ern and Atlantic borders.
I have no reason at present to believe that any increase of the number
of regiments or corps will be required during a period of peace.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, August 3, 1848.
I communicate herewith a report from the Secretary of War, together
with the accompanying documents, in compliance with the resolution of
the Senate of the 24th July, 1848, requesting the President "to transmit
to the Senate the proceedings of the two courts of inquiry in the case of
Major-General Pillow, the one commenced and terminated in Mexico, and
the other commenced in Mexico and terminated in the United States."
JAMES K. POLK.
James K. Polk
2455
To the Senate of the United States:
WASHINGTON, August 5, 1848.
I nominate Andrew J. Donelson, of Tennessee, to be envoy extraordi-
nary and minister plenipotentiary of the United States to the Federal
Government of Germany.
In submitting this nomination I transmit, for the information of the
Senate, an official dispatch received from the consul of the United States
at Darmstadt, dated July 10, 1848. I deem it proper also to state that no
such diplomatic agent as that referred to by the consul has been appointed
by me. Mr. Deverre, the person alluded to, is unknown to me and has
no authority to represent this Government in any capacity whatever.
JAMES K. POLK.
WASHINGTON, August 5, 1848.
To the House of Representatives of the United States:
I communicate herewith a report from the Secretary of War, together
with the accompanying documents, in compliance with a resolution of
the House of Representatives of the 17th of July, 1848, requesting the
President to communicate to the House of Representatives "a copy of
the proceedings of the court of inquiry in Mexico touching the matter
which led to the dismissal from the public service of Lieutenants Joseph
S. Pendée and George E. B. Singletary, of the North Carolina regiment
of volunteers, and all the correspondence between the War Department
and Generals Taylor and Wool in relation to the same.'
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, August 8, 1848.
In reply to the resolution of the Senate of the 7th instant, requesting
the President to inform that body "whether he has any information that
any citizen or citizens of the United States is or are now preparing or
intending to prepare within the United States an expedition to revolu-
tionize by force any part of the Republic of Mexico, or to assist in so
doing, and, if he has, what is the extent of such preparation, and whether
he has or is about to take any steps to arrest the same," I have to state
that the Executive is not in possession of any information of the charac-
ter called for by the resolution.
The late treaty of peace with Mexico has been and will be faithfully
observed on our part.
JAMES K. POLK.
WASHINGTON, August 8, 1848.
To the Senate and House of Representatives of the United States:
It affords me satisfaction to communicate herewith, for the informa-
tion of Congress, copies of a decree adopted by the National Assembly
2456
Messages and Papers of the Presidents
of France in response to the resolution of the Congress of the United
States passed on the 13th of April last, "tendering the congratulations
of the American to the French people upon the success of their recent
efforts to consolidate the principles of liberty in a republican form of
government."
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, August 10, 1848.
I communicate herewith a report of the Secretary of the Navy, together
with the accompanying documents, in answer to a resolution of the Sen-
ate of the 18th July, 1848, requesting the President to communicate to
that body "any information which may be in the possession of the Exec-
utive relating to the seizure or capture of the American ship Admittance
on the coast of California by a vessel of war of the United States, and
whether any, and what, proceedings have occurred in regard to said ves-
sel or her cargo, and to furnish the Senate with copies of all documents,
papers, and communications in the possession of the Executive relating
to the same.”
JAMES K. POLK.
WASHINGTON, August 11, 1848.
To the House of Representatives of the United States:
I communicate herewith reports from the Secretary of the Treasury
and the Secretary of War, together with the accompanying documents,
in answer to a resolution of the House of Representatives of the 17th of
July, 1848, requesting the President to inform that body what amount
of public moneys had been respectively paid to Lewis Cass and Zachary
Taylor from the time of their first entrance into the public service up to
this time, distinguishing between regular and extra compensation; that he
also state what amount of extra compensation has been claimed by either;
the items composing the same; when filed; when and by whom allowed;
îf disallowed, when and by whom; the reasons for such disallowance; and
whether or not any items so disallowed were subsequently presented for
payment, and, if allowed, when and by whom.
JAMES K. POLK.
WASHINGTON, August 14, 1848.
To the House of Representatives of the United States:
When the President has given his official sanction to a bill which has
passed Congress, usage requires that he shall notify the House in which
it originated of that fact. The mode of giving this notification has been
by an oral message delivered by his private secretary.
Having this day approved and signed an act entitled "An act to es-
tablish the Territorial government of Oregon," I deem it proper, under
THE BATTLE OF CHURUBUSCO
On August 20, 1847, after the victory at Contreras, the Americans pursued
the fleeing Mexicans to a small village called Churubusco. Here, at the
head of the causeway running to Mexico City, and in front of a bridge over
the Churubusco River, stood a strong redoubt. Inside the hamlet stood the
convent church of San Pablo, its walls pierced for cannon and filled with
munitions of war saved from the wreck at Contreras. Twelve thousand
Mexicans under Santa Ana held the place. The redoubt at the bridge was
carried, as shown in the illustration, at the point of the bayonet. For three
hours the troops in the church held out, the stubbornest resistance being
made by deserters from the American Army, who hauled down the white
flag each time it was raised, knowing that escape was impossible and that
capture meant court-martial and the gallows.
In the Encyclopedic Index, there is an article describing the action
under the heading "Churubusco (Mexico), Battle of." Beneath is an entry
directing the reader to a presidential reference to the victory.
James K. Polk
2457
the existing circumstances, to communicate the fact in a more solemn
form. The deeply interesting and protracted discussions which have
taken place in both Houses of Congress and the absorbing interest which
the subject has excited throughout the country justify, in my judgment,
this departure from the form of notice observed in other cases. In this
communication with a coordinate branch of the Government, made proper
by the considerations referred to, I shall frankly and without reserve ex-
press the reasons which have constrained me not to withhold my signa-
ture from the bill to establish a government over Oregon, even though
the two territories of New Mexico and California are to be left for the
present without governments. None doubt that it is proper to establish
a government in Oregon. Indeed, it has been too long delayed. I have
made repeated recommendations to Congress to this effect. The peti-
tions of the people of that distant region have been presented to the Gov-
ernment, and ought not to be disregarded. To give to them a regularly
organized government and the protection of our laws, which, as citizens
of the United States, they claim, is a high duty on our part, and one which
we are bound to perform, unless there be controlling reasons to prevent it.
In the progress of all governments questions of such transcendent
importance occasionally arise as to cast in the shade all those of a mere
party character.
But one such question can now be agitated in this.coun-
try, and this may endanger our glorious Union, the source of our great-
ness and all our political blessings. This question is slavery. With the
slaveholding States this does not embrace merely the rights of property,
however valuable, but it ascends far higher, and involves the domestic
peace and security of every family.
The fathers of the Constitution, the wise and patriotic men who laid
the foundation of our institutions, foreseeing the danger from this quar-
ter, acted in a spirit of compromise and mutual concession on this dan-
gerous and delicate subject, and their wisdom ought to be the guide of
their successors. Whilst they left to the States exclusively the question
of domestic slavery within their respective limits, they provided that
slaves who might escape into other States not recognizing the institution
of slavery shall be "delivered up on the claim of the party to whom such
service or labor may be due.”
Upon this foundation the matter rested until the Missouri question
arose.
In December, 1819, application was made to Congress by the people
of the Missouri Territory for admission into the Union as a State. The
discussion upon the subject in Congress involved the question of slavery,
and was prosecuted with such violence as to produce excitements alarni-
ing to every patriot in the Union. But the good genius of conciliation,
which presided at the birth of our institutions, finally prevailed, and
the Missouri compromise was adopted. The eighth section of the act
of Congress of the 6th of March, 1820, "to authorize the people of the
2458
Messages and Papers of the Presidents
Missouri Territory to form a constitution and State government," etc.,
provides:
That in all that territory ceded by France to the United States under the name of
Louisiana which lies north of 36° 30′ north latitude, not included within the limits
of the State contemplated by this act, slavery and involuntary servitude, otherwise
than in the punishment of crimes, whereof the parties shall have been duly convicted,
shall be, and is hereby, forever prohibited: Provided always, That any person escap-
ing into the same from whom labor or service is lawfully claimed in any State or
Territory of the United States, such fugitive may be lawfully reclaimed and conveyed
to the person claiming his or her labor or service as aforesaid.
This compromise had the effect of calming the troubled waves and
restoring peace and good will throughout the States of the Union.
The Missouri question had excited intense agitation of the public mind,
and threatened to divide the country into geographical parties, alienat-
ing the feelings of attachment which each portion of our Union should
bear to every other. The compromise allayed the excitement, tranquil-
ized the popular mind, and restored confidence and fraternal feelings. Its
authors were hailed as public benefactors.
I do not doubt that a similar adjustment of the questions which now
agitate the public mind would produce the same happy results. If the
legislation of Congress on the subject of the other Territories shall not be
adopted in a spirit of conciliation and compromise, it is impossible that
the country can be satisfied or that the most disastrous consequences
shall fail to ensue.
When Texas was admitted into the Union, the same spirit of compro-
mise which guided our predecessors in the admission of Missouri a quarter
of a century before prevailed without any serious opposition. The joint
resolution for annexing Texas to the United States, approved Marc 1,
1845, provides that—
Such States as may be formed out of that portion of said territory lying south of
36° 30′ north latitude, commonly known as the Missouri compromise line, shall be
admitted into the Union with or without slavery, as the people of each State asking
admission may desire; and in such State or States as shall be formed out of said ter-
ritory north of the Missouri compromise line slavery or involuntary servitude (except
for crime) shall be prohibited.
The Territory of Oregon lies far north of 36° 30′, the Missouri and
Texas compromise line. Its southern boundary is the parallel of 42°,
leaving the intermediate distance to be 330 geographical miles. And it
is because the provisions of this bill are not inconsistent with the laws
of the Missouri compromise, if extended from the Rio Grande to the
Pacific Ocean, that I have not felt at liberty to withhold my sanction.
Had it embraced territories south of that compromise, the question pre-
sented for my consideration would have been of a far different character,
and my action upon it must have corresponded with my convictions.
Ought we now to disturb the Missouri and Texas compromises? Ought
we at this late day, in attempting to annul what has been so long estab-
James K. Polk
2459
#
lished and acquiesced in, to excite sectional divisions and jealousies, to
alienate the people of different portions of the Union from each other,
and to endanger the existence of the Union itself?
From the adoption of the Federal Constitution, during a period of
sixty years, our progress as a nation has been without example in the
annals of history. Under the protection of a bountiful Providence, we
have advanced with giant strides in the career of wealth and prosperity.
We have enjoyed the blessings of freedom to a greater extent than any
other people, ancient or modern, under a Government which has preserved
order and secured to every citizen life, liberty, and property. We have
now become an example for imitation to the whole world. The friends
of freedom in every clime point with admiration to our institutions.
Shall we, then, at the moment when the people of Europe are devoting
all their energies in the attempt to assimilate their institutions to our
own, peril all our blessings by despising the lessons of experience and
refusing to tread in the footsteps which our fathers have trodden? And
for what cause would we endanger our glorious Union? The Missouri
compromise contains a prohibition of slavery throughout all that vast
region extending twelve and a half degrees along the Pacific, from the
parallel of 36° 30' to that of 49°, and east from that ocean to and beyond.
the summit of the Rocky Mountains. Why, then, should our institu-
tions be endangered because it is proposed to submit to the people of the
remainder of our newly acquired territory lying south of 36° 30′, em-
bracing less than four degrees of latitude, the question whether, in the
language of the Texas compromise, they "shall be admitted [as a State]
into the Union with or without slavery." Is this a question to be pushed
to such extremities by excited partisans on the one side or the other, in
regard to our newly acquired distant possessions on the Pacific, as to
endanger the Union of thirty glorious States, which constitute our Con-
federacy? I have an abiding confidence that the sober reflection and
sound patriotism of the people of all the States will bring them to the
conclusion that the dictate of wisdom is to follow the example of those
who have gone before us, and settle this dangerous question on the Mis-
souri compromise, or some other equitable compromise which would re-
spect the rights of all and prove satisfactory to the different portions of
the Union.
Holding as a sacred trust the Executive authority for the whole Union,
and bound to guard the rights of all, I should be constrained by a sense
of duty to withhold my official sanction from any measure which would
conflict with these important objects.
I can not more appropriately close this message than by quoting from
the Farewell Address of the Father of his Country. His warning voice
can never be heard in vain by the American people. If the spirit of
prophecy had distinctly presented to his view more than a half century
ago the present distracted condition of his country, the language which
2460
Messages and Papers of the Presidents
he then employed could not have been more appropriate than it is to the
present occasion. He declared:
The unity of government which constitutes you one people is also now dear to you.
It is justly so, for it is a main pillar in the edifice of your real independence, the sup-
port of your tranquillity at home, your peace abroad, of your safety, of your prosperity,
of that very liberty which you so highly prize. But as it is easy to foresee that from
different causes and from different quarters much pains will be taken, many artifices
employed, to weaken in your minds the conviction of this truth, as this is the point
in your political fortress against which the batteries of internal and external enemies
will be most constantly and actively (though often covertly and insidiously) directed,
it is of infinite moment that you should properly estimate the immense value of your
national union to your collective and individual happiness; that you should cherish
a cordial, habitual, and immovable attachment to it; accustoming yourselves to think
and speak of it as of the palladium of your political safety and prosperity; watching
for its preservation with jealous anxiety; discountenancing whatever may suggest
even a suspicion that it can in any event be abandoned, and indignantly frowning
upon the first dawning of every attempt to alienate any portion of our country from
the rest or to enfeeble the sacred ties which now link together the various parts.
For this you have every inducement of sympathy and interest. Citizens by birth
or choice of a common country, that country has a right to concentrate your affec-
tions. The name of American, which belongs to you in your national capacity, must
always exalt the just pride of patriotism more than any appellation derived from
local discriminations. With slight shades of difference, you have the same religion,
manners, habits, and political principles. You have in a common cause fought and
triumphed together. The independence and liberty you possess are the work of joint
councils and joint efforts, of common dangers, sufferings, and successes.
*
*
*
*
*
*
*
With such powerful and obvious motives to union affecting all parts of our country,
while experience shall not have demonstrated its impracticability, there will always
be reason to distrust the patriotism of those who in any quarter may endeavor to
weaken its bands.
In contemplating the causes which may disturb our union it occurs as matter of
serious concern that any ground should have been furnished for characterizing parties
by geographical discriminations-Northern and Southern, Atlantic and Western-
whence designing men may endeavor to excite a belief that there is a real difference
of local interests and views. One of the expedients of party to acquire influence
within particular districts is to misrepresent the opinions and aims of other districts.
You can not shield yourselves too much against the jealousies and heartburnings
which spring from these misrepresentations; they tend to render alien to each other
those who ought to be bound together by fraternal affection.
JAMES K. POLK.
VETO MESSAGE.*
To the House of Representatives:
WASHINGTON, December 15, 1847.
On the last day of the last session of Congress a bill entitled "An act to
provide for continuing certain works in the Territory of Wisconsin, and
for other purposes," which has passed both Houses, was presented to
me for my approval. I entertained insuperable objections to its becom-
* Pocket veto.
James K. Polk
2461
ing a law, but the short period of the session which remained afforded
me no sufficient opportunity to prepare my objections and communicate
them with the bill to the House of Representatives, in which it origi-
nated. For this reason the bill was retained, and I deem it proper now
to state my objections to it.
Although from the title of the bill it would seem that its main object
was to make provision for continuing certain works already commenced
in the Territory of Wisconsin, it appears on examination of its provi-
sions that it contains only a single appropriation of $6,000 to be applied
within that Territory, while it appropriates more than half a million of
dollars for the improvement of numerous harbors and rivers lying within
the limits and jurisdiction of several of the States of the Union.
At the preceding session of Congress it became my duty to return
with my objections to the House in which it originated a bill making
similar appropriations and involving like principles, and the views then
expressed remain unchanged.
The circumstances under which this heavy expenditure of public
money was proposed were of imposing weight in determining upon its
expediency. Congress had recognized the existence of war with Mex-
ico, and to prosecute it to "a speedy and successful termination" had
mnade appropriations exceeding our ordinary revenues. To meet the
emergency and provide for the expenses of the Government, a loan of
$23,000,000 was authorized at the same session, which has since been
negotiated. The practical effect of this bill, had it become a law, would
have been to add the whole amount appropriated by it to the national
debt. It would, in fact, have made necessary an additional loan to that
amount as effectually as if in terms it had required the Secretary of the
Treasury to borrow the money therein appropriated. The main ques-
tion in that aspect is whether it is wise, while all the means and credit
of the Government are needed to bring the existing war to an honorable
close, to impair the one and endanger the other by borrowing money to
be expended in a system of internal improvements capable of an expan-
sion sufficient to swallow up the revenues not only of our own country,
but of the civilized world? It is to be apprehended that by entering
upon such a career at this moment confidence at home and abroad in the
wisdom and prudence of the Government would be so far impaired as
to make it difficult, without an immediate resort to heavy taxation, to
maintain the public credit and to preserve the honor of the nation and
the glory of our arms in prosecuting the existing war to a successful
conclusion. Had this bill become a law, it is easy to foresee that largely
increased demands upon the Treasury would have been made at each
succeeding session of Congress for the improvements of numerous other
harbors, bays, inlets, and rivers of equal importance with those embraced
by its provisions. Many millions would probably have been added to
the necessary amount of the war debt, the annual interest on which must
2462
Messages and Papers of the Presidents
also have been borrowed, and finally a permanent national debt been
fastened on the country and entailed on posterity.
The policy of embarking the Federal Government in a general system
of internal improvements had its origin but little more than twenty years
ago. In a very few years the applications to Congress for appropriations
in furtherance of such objects exceeded $200,000,000. In this alarming
crisis President Jackson refused to approve and sign the Maysville road
bill, the Wabash River bill, and other bills of similar character. His in-
terposition put a check upon the new policy of throwing the cost of local
improvements upon the National Treasury, preserved the revenues of the
nation for their legitimate objects, by which he was enabled to extinguish
the then existing public debt and to present to an admiring world the
unprecedented spectacle in modern times of a nation free from debt and
advancing to greatness with unequaled strides under a Government which
was content to act within its appropriate sphere in protecting the States
and individuals in their own chosen career of improvement and of enter-
prise. Although the bill under consideration proposes no appropriation
for a road or canal, it is not easy to perceive the difference in principle or
mischievous tendency between appropriations for making roads and dig-
ging canals and appropriations to deepen rivers and improve harbors.
All are alike within the limits and jurisdiction of the States, and rivers
and harbors alone open an abyss of expenditure sufficient to swallow up
the wealth of the nation and load it with a debt which may fetter its ener-
gies and tax its industry for ages to come.
The experience of several of the States, as well as that of the United
States, during the period that Congress exercised the power of appro-
priating the public money for internal improvements is full of eloquent
warnings. It seems impossible, in the nature of the subject, as connected
with local representation, that the several objects presented for improve-
ment shall be weighed according to their respective merits and appro-
priations confined to those whose importance would justify a tax on the
whole community to effect their accomplishment.
In some of the States systems of internal improvements have been pro-
jected, consisting of roads and canals, many of which, taken separately,
were not of sufficient public importance to justify a tax on the entire
population of the State to effect their construction, and yet by a combi-
nation of local interests, operating on a majority of the legislature, the
whole have been authorized and the States plunged into heavy debts.
To an extent so ruinous has this system of legislation been carried in
some portions of the Union that the people have found it necessary to
their own safety and prosperity to forbid their legislatures, by constitu-
tional restrictions, to contract public debts for such purposes without
their immediate consent.
If the abuse of power has been so fatal in the States, where the sys-
tems of taxation are direct and the representatives responsible at short
James K. Polk
2463
periods to small masses of constituents, how much greater danger of
abuse is to be apprehended in the General Government, whose revenues
are raised by indirect taxation and whose functionaries are responsible
to the people in larger masses and for longer terms.
Regarding only objects of improvement of the nature of those embraced
in this bill, how inexhaustible we shall find them. Let the imagination
run along our coast from the river St. Croix to the Rio Grande and trace
every river emptying into the Atlantic and Gulf of Mexico to its source;
let it coast along our lakes and ascend all their tributaries; let it pass to
Oregon and explore all its bays, inlets, and streams; and then let it raise
the curtain of the future and contemplate the extent of this Republic
and the objects of improvement it will embrace as it advances to its high
destiny, and the mind will be startled at the immensity and danger of the
power which the principle of this bill involves.
Already our Confederacy consists of twenty-nine States. Other States
may at no distant period be expected to be formed on the west of our
present settlements. We own an extensive country in Oregon, stretch-
ing many hundreds of miles from east to west and seven degrees of lati-
tude from south to north. By the admission of Texas into the Union
we have recently added many hundreds of miles to our seacoast. In all
this vast country, bordering on the Atlantic and Pacific, there are many
thousands of bays, inlets, and rivers equally entitled to appropriations
for their improvement with the objects embraced in this bill.
We have seen in our States that the interests of individuals or neigh-
borhoods, combining against the general interest, have involved their
governments in debts and bankruptcy; and when the system prevailed in
the General Government, and was checked by President Jackson, it had
begun to be considered the highest merit in a member of Congress to be
able to procure appropriations of public money to be expended within
his district or State, whatever might be the object. We should be blind
to the experience of the past if we did not see abundant evidences that
if this system of expenditure is to be indulged in combinations of indi-
vidual and local interests will be found strong enough to control legisla-
tion, absorb the revenues of the country, and plunge the Government
into a hopeless indebtedness.
What is denominated a harbor by this system does not necessarily mean
a bay, inlet, or arm of the sea on the ocean or on our lake shores, on the
margin of which may exist a commercial city or town engaged in for-
eign or domestic trade, but is made to embrace waters where there is
not only no such city or town, but no commerce of any kind. By
it a bay or sheet of shoal water is called a harbor, and appropriations.
demanded from Congress to deepen it with a view to draw commerce
to it or to enable individuals to build up a town or city on its margin
upon speculation and for their own private advantage.
What is denominated a river which may be improved in the system
2464
Messages and Papers of the Presidents
is equally undefined in its meaning. It may be the Mississippi or it
may be the smallest and most obscure and unimportant stream bearing
the name of river which is to be found in any State in the Union.
Such a system is subject, moreover, to be perverted to the accomplish-
ment of the worst of political purposes. During the few years it was in
full operation, and which immediately preceded the veto of President
Jackson of the Maysville road bill, instances were numerous of public
men seeking to gain popular favor by holding out to the people inter-
ested in particular localities the promise of large disbursements of pub-
lic money. Numerous reconnoissances and surveys were made during
that period for roads and canals through many parts of the Union, and
the people in the vicinity of each were led to believe that their property
would be enhanced in value and they themselves be enriched by the
large expenditures which they were promised by the advocates of the
system should be made from the Federal Treasury in their neighbor-
hood. Whole sections of the country were thus sought to be influenced,
and the system was fast becoming one not only of profuse and wasteful
expenditure, but a potent political engine.
If the power to improve a harbor be admitted, it is not easy to per-
ceive how the power to deepen every inlet on the ocean or the lakes and
make harbors where there are none can be denied. If the power to
clear out or deepen the channel of rivers near their mouths be admitted,
it is not easy to perceive how the power to improve them to their foun-
tain head and make them navigable to their sources can be denied.
Where shall the exercise of the power, if it be assumed, stop? Has
Congress the power when an inlet is deep enough to admit a schooner
to deepen it still more, so that it will admit ships of heavy burden, and
has it not the power when an inlet will admit a boat to make it deep
enough to admit a schooner? May it improve rivers deep enough already
to float ships and steamboats, and has it no power to improve those
which are navigable only for flatboats and barges? May the General
Government exercise power and jurisdiction over the soil of a State con-
sisting of rocks and sand bars in the beds of its rivers, and may it not
excavate a canal around its waterfalls or across its lands for precisely the
same object?
Giving to the subject the most serious and candid consideration of
which my mind is capable, I can not perceive any intermediate grounds.
The power to improve harbors and rivers for purposes of navigation, by
deepening or clearing out, by dams and sluices, by locking or canalling,
must be admitted without any other limitation than the discretion of
Congress, or it must be denied altogether. If it be admitted, how broad
and how susceptible of enormous abuses is the power thus vested in the
General Government! There is not an inlet of the ocean or the Lakes, not
a river, creek, or streamlet within the States, which is not brought for this
purpose within the power and jurisdiction of the General Government.
James K. Polk
2465
Speculation, disguised under the cloak of public good, will call on Con-
gress to deepen shallow inlets, that it may build up new cities on their
shores, or to make streams navigable which nature has closed by bars
and rapids, that it may sell at a profit its lands upon their banks. To
enrich neighborhoods by spending within them the moneys of the nation
will be the aim and boast of those who prize their local interests above
the good of the nation, and millions upon millions will be abstracted by
tariffs and taxes from the earnings of the whole people to foster specula-
tion and subserve the objects of private ambition.
Such a system could not be administered with any approach to equality
among the several States and sections of the Union. There is no equal-
ity among them in the objects of expenditure, and if the funds were dis-
tributed according to the merits of those objects some would be enriched
at the expense of their neighbors. But a greater practical evil would be
found in the art and industry by which appropriations would be sought
and obtained. The most artful and industrious would be the most suc-
cessful. The true interests of the country would be lost sight of in an
annual scramble for the contents of the Treasury, and the Member of
Congress who could procure the largest appropriations to be expended
in his district would claim the reward of victory from his enriched con-
stituents. The necessary consequence would be sectional discontents
and heartburnings, increased taxation, and a national debt never to be
extinguished.
In view of these portentous consequences, I can not but think that this
course of legislation should be arrested, even were there nothing to for-
bid it in the fundamental laws of our Union. This conclusion is forti-
fied by the fact that the Constitution itself indicates a process by which
harbors and rivers within the States may be improved-a process not
susceptible of the abuses necessarily to flow from the assumption of the
power to improve them by the General Government, just in its operation,
and actually practiced upon, without complaint or interruption, during
more than thirty years from the organization of the present Government.
The Constitution provides that "no State shall, without the consent
of Congress, lay any duty of tonnage." With the "consent" of Con-
gress, such duties may be levied, collected, and expended by the States.
We are not left in the dark as to the objects of this reservation of power
to the States. The subject was fully considered by the Convention that
framed the Constitution. It appears in Mr. Madison's report of the
proceedings of that body that one object of the reservation was that
the States should not be restrained from laying duties of tonnage for the
purpose of clearing harbors. Other objects were named in the debates,
and among them the support of seamen. Mr. Madison, treating on this
subject in the Federalist, declares that—
The restraint on the power of the States over imports and exports is enforced by
all the arguments which prove the necessity-of submitting the regulation of trade to
2466
Messages and Papers of the Presidents
the Federal councils. It is needless, therefore, to remark further on this head than
that the manner in which the restraint is qualified seems well calculated at once to
secure to the States a reasonable discretion in providing for the conveniency of their
imports and exports, and to the United States a reasonable check against the abuse
of this discretion.
The States may lay tonnage duties for clearing harbors, improving
rivers, or for other purposes, but are restrained from abusing the power,
because before such duties can take effect the "consent" of Congress
must be obtained. Here is a safe provision for the improvement of har-
bors and rivers in the reserved powers of the States and in the aid they
may
derive from duties of tonnage levied with the consent of Congress.
Its safeguards are, that both the State legislatures and Congress have to
concur in the act of raising the funds; that they are in every instance
to be levied upon the commerce of those ports which are to profit by the
proposed improvement; that no question of conflicting power or jurisdic-
tion is involved; that the expenditure, being in the hands of those who
are to pay the money and be immediately benefited, will be more care-
fully managed and more productive of good than if the funds were drawn
from the National Treasury and disbursed by the officers of the General
Government; that such a system will carry with it no enlargement of
Federal power and patronage, and leave the States to be the sole judges
of their own wants and interests, with only a conservative negative in
Congress upon any abuse of the power which the States may attempt.
Under this wise system the improvement of harbors and rivers was
commenced, or rather continued, from the organization of the Govern-
ment under the present Constitution. Many acts were passed by the
several States levying duties of tonnage, and many were passed by Con-
gress giving their consent to those acts. Such acts have been passed by
Massachusetts, Rhode Island, Pennsylvania, Maryland, Virginia, North
Carolina, South Carolina, and Georgia, and have been sanctioned by the
consent of Congress. Without enumerating them all, it may be instruc-
tive to refer to some of them, as illustrative of the mode of improving
harbors and rivers in the early periods of our Government, as to the
constitutionality of which there can be no doubt.
In January, 1790, the State of Rhode Island passed a law levying a
tonnage duty on vessels arriving in the port of Providence, "for the
purpose of clearing and deepening the channel of Providence River and
making the same more navigable."
On the 2d of February, 1798, the State of Massachusetts passed a law
levying a tonnage duty on all vessels, whether employed in the foreign
or coasting trade, which might enter into the Kennebunk River, for the
improvement of the same by "rendering the passage in and out of said
river less difficult and dangerous."
On the 1st of April, 1805, the State of Pennsylvania passed a law
levying a tonnage duty on vessels, "to remove the obstructions to the
navigation of the river Delaware below the city of Philadelphia."
James K. Polk
2467
On the 23d of January, 1804, the State of Virginia passed a law levy-
ing a tonnage duty on vessels, "for improving the navigation of James
River."
On the 22d of February, 1826, the State of Virginia passed a law
levying a tonnage duty on vessels, "for improving the navigation of
James River from Warwick to Rocketts Landing.'
On the 8th of December, 1824, the State of Virginia passed a law levy-
ing a tonnage duty on vessels, "for improving the navigation of Appo-
mattox River from Pocahontas Bridge to Broadway."
In November, 1821, the State of North Carolina passed a law levying
a tonnage duty on vessels, "for the purpose of opening an inlet at the
lower end of Albemarle Sound, near a place called Nags Head, and im-
proving the navigation of said sound, with its branches;" and in Novem-
ber, 1828, an amendatory law was passed.
On the 21st of December, 1804, the State of South Carolina passed a
law levying a tonnage duty, for the purpose of "building a marine hos-
pital in the vicinity of Charleston," and on the 17th of December, 1816,
another law was passed by the legislature of that State for the "main-
tenance of a marine hospital."
On the 10th of February, 1787, the State of Georgia passed a law levy-
ing a tonnage duty on all vessels entering into the port of Savannah, for
the purpose of "clearing" the Savannah River of "wrecks and other
obstructions" to the navigation.
On the 12th of December, 1804, the State of Georgia passed a law
levying a tonnage duty on vessels, "to be applied to the payment of the
fees of the harbor master and health officer of the ports of Savannah and
St. Marys."
In April, 1783, the State of Maryland passed a law laying a tonnage
duty on vessels, for the improvement of the "basin" and "harbor" of
Baltimore and the "river Patapsco."
On the 26th of December, 1791, the State of Maryland passed a law
levying a tonnage duty on vessels, for the improvement of the "harbor
and port of Baltimore."
On the 28th of December, 1793, the State of Maryland passed a law
authorizing the appointment of a health officer for the port of Baltimore,
and laying a tonnage duty on vessels to defray the expenses.
Congress has passed many acts giving its "consent" to these and
other State laws, the first of which is dated in 1790 and the last in 1843.
By the latter act the "consent" of Congress was given to the law of the
legislature of the State of Maryland laying a tonnage duty on vessels for
the improvement of the harbor of Baltimore, and continuing it in force
until the 1st day of June, 1850. I transmit herewith copies of such of
the acts of the legislatures of the States on the subject, and also the acts
of Congress giving its "consent" thereto, as have been collated.
That the power was constitutionally and rightfully exercised in these
cases does not admit of a doubt
2468
Messages and Papers of the Presidents
The injustice and inequality resulting from conceding the power to both
Governments is illustrated by several of the acts enumerated. Take that
for the improvement of the harbor of Baltimore. That improvement is
paid for exclusively by a tax on the commerce of that city, but if an
appropriation be made from the National Treasury for the improvement
of the harbor of Boston it must be paid in part out of taxes levied on
the commerce of Baltimore. The result is that the commerce of Balti-
more pays the full cost of the harbor improvement designed for its own
benefit, and in addition contributes to the cost of all other harbor and
river improvements in the Union. The facts need but be stated to prove
the inequality and injustice which can not but flow from the practice em-
bodied in this bill. Either the subject should be left as it was during the
first third of a century, or the practice of levying tonnage duties by the
States should be abandoned altogether and all harbor and river improve-
ments made under the authority of the United States, and by means of
direct appropriations. In view not only of the constitutional difficulty,
but as a question of policy, I am clearly of opinion that the whole subject
should be left to the States, aided by such tonnage duties on vessels navi-
gating their waters as their respective legislatures may think proper to
propose and Congress see fit to sanction. This "consent" of Congress
would never be refused in any case where the duty proposed to be levied
by the State was reasonable and where the object of improvement was
one of importance. The funds required for the improvement of harbors
and rivers may be raised in this mode, as was done in the earlier periods
of the Government, and thus avoid a resort to a strained construction of
the Constitution not warranted by its letter. If direct appropriations
be made of the money in the Federal Treasury for such purposes, the
expenditures will be unequal and unjust. The money in the Federal
Treasury is paid by a tax on the whole people of the United States, and
if applied to the purposes of improving harbors and rivers it will be par-
tially distributed and be expended for the advantage of particular States,
sections, or localities at the expense of others.
By returning to the early and approved construction of the Constitu-
tion and to the practice under it this inequality and injustice will be
avoided and at the same time all the really important improvements
be made, and, as our experience has proved, be better made and at less
cost than they would be by the agency of officers of the United States.
The interests benefited by these improvements, too, would bear the cost
of making them, upon the same principle that the expenses of the Post-
Office establishment have always been defrayed by those who derive
benefits from it. The power of appropriating money from the Treasury
for such improvements was not claimed or exercised for more than
thirty years after the organization of the Government in 1789, when a
more latitudinous construction was indicated, though it was not broadly
asserted and exercised until 1825. Small appropriations were first made
James K. Polk
2469
in 1820 and 1821 for surveys.
An act was passed on the 3d of March,
1823, authorizing the President to "cause an examination and survey
to be made of the obstructions between the harbor of Gloucester and the
harbor of Squam, in the State of Massachusetts," and of "the entrance
of the harbor of the port of Presque Isle, in Pennsylvania," with a view
to their removal, and a small appropriation was made to pay the neces-
sary expenses. This appears to have been the commencement of harbor
improvements by Congress, thirty-four years after the Government went
into operation under the present Constitution. On the 30th of April,
1824, an act was passed making an appropriation of $30,000, and direct-
ing "surveys and estimates to be made of the routes of such roads and
canals" as the President "may deem of national importance in a com-
mercial or military point of view or necessary for the transportation of
the mails." This act evidently looked to the adoption of a general
system of internal improvements, to embrace roads and canals as well as
harbors and rivers. On the 26th May, 1824, an act was passed making
appropriations for "deepening the channel leading into the harbor of
Presque Isle, in the State of Pennsylvania," and to "repair Plymouth
Beach, in the State of Massachusetts, and thereby prevent the harbor at
that place from being destroyed."
President Monroe yielded his approval to these measures, though he
entertained, and had, in a message to the House of Representatives on
the 4th of May, 1822, expressed, the opinion that the Constitution had
not conferred upon Congress the power to "adopt and execute a system
of internal improvements. He placed his approval upon the ground,
not that Congress possessed the power to "adopt and execute" such a
system by virtue of any or all of the enumerated grants of power in the
Constitution, but upon the assumption that the power to make appro-
priations of the public money was limited and restrained only by the
discretion of Congress. In coming to this conclusion he avowed that
"in the more early stage of the Government" he had entertained a dif-
ferent opinion. He avowed that his first opinion had been that "as the
National Government is a Government of limited powers, it has no right
to expend money except in the performance of acts authorized by the
other specific grants, according to a strict construction of their powers,
and that the power to make appropriations gave to Congress no discre-
tionary authority to apply the public money to any other purposes or
objects except to "carry into effect the powers contained in the other
grants. These sound views, which Mr. Monroe entertained "in the
early stage of the Government," he gave up in 1822, and declared that—
The right of appropriation is nothing more than a right to apply the public money
to this or that purpose. It has no incidental power, nor does it draw after it any
consequences of that kind. All that Congress could do under it in the case of inter-
nal improvements would be to appropriate the money necessary to make them. For
every act requiring legislative sanction or support the State authority must be relied
The condemnation of the land, if the proprietors should refuse to sell it, the
011.
2470
Messages and Papers of the Presidents
establishment of turnpikes and tolls, and the protection of the work when finished
must be done by the State. To these purposes the powers of the General Govern
ment are believed to be utterly incompetent.
But it is impossible to conceive on what principle the power of appro-
priating public money when in the Treasury can be construed to extend
to objects for which the Constitution does not authorize Congress to
levy taxes or imposts to raise money. The power of appropriation is
but the consequence of the power to raise money; and the true inquiry
is whether Congress has the right to levy taxes for the object over
which power is claimed.
During the four succeeding years embraced by the Administration of
President Adams the power not only to appropriate money, but to apply
it, under the direction and authority of the General Government, as well
to the construction of roads as to the improvement of harbors and rivers,
was fully asserted and exercised.
Among other acts assuming the power was one passed on the 20th
of May, 1826, entitled "An act for improving certain harbors and the
navigation of certain rivers and creeks, and for authorizing surveys to
be made of certain bays, sounds, and rivers therein mentioned." By
that act large appropriations were made, which were to be "applied,
under the direction of the President of the United States," to numerous
improvements in ten of the States. This act, passed thirty-seven years
after the organization of the present Government, contained the first
appropriation ever made for the improvement of a navigable river, unless
it be small appropriations for examinations and surveys in 1820. Dur-
ing the residue of that Administration many other appropriations of a
similar character were made, embracing roads, rivers, harbors, and canals,
and objects claiming the aid of Congress multiplied without number.
This was the first breach effected in the barrier which the universal
opinion of the framers of the Constitution had for more than thirty years
thrown in the way of the assumption of this power by Congress. The
general mind of Congress and the country did not appreciate the distinc-
tion taken by President Monroe between the right to appropriate money
for an object and the right to apply and expend it without the embar-
rassment and delay of applications to the State governments. Probably
no instance occurred in which such an application was made, and the
flood gates being thus hoisted the principle laid down by him was dis-
regarded, and applications for aid from the Treasury, virtually to make
harbors as well as improve them, clear out rivers, cut canals, and con-
struct roads, poured into Congress in torrents until arrested by the veto
of President Jackson. His veto of the Maysville road bill was followed
up by his refusal to sign the "Act making appropriations for building
light-houses, light-boats, beacons, and monuments, placing buoys, improv-
ing harbors, and directing surveys;" "An act authorizing subscriptions
for stock in the Louisville and Portland Canal Company ;" “An act for
James K. Polk
2471
the improvement of certain harbors and the navigation of certain rivers;"
and, finally, "An act to improve the navigation of the Wabash River."
In his objections to the act last named he says:
The desire to embark the Federal Government in works of internal improvement
prevailed in the highest degree during the first session of the rst Congress that I
had the honor to meet in my present situation. When the bill authorizing a sub-
scription on the part of the United States for stock in the Maysville and Lexington
Turnpike Company passed the two Houses, there had been reported by the Com-
mittees of Internal Improvements bills containing appropriations for such objects,
inclusive of those for the Cumberland road and for harbors and light-houses, to
the amount of $106,000,000. In this amount was included authority to the Secre-
tary of the Treasury to subscribe for the stock of different companies to a great
extent, and the residue was principally for the direct construction of roads by this
Government. In addition to these projects, which had been presented to the two
Houses under the sanction and recommendation of their respective Committees on
Internal Improvements, there were then still pending before the committees and in
memorials to Congress presented but not referred different projects for works of a
similar character, the expense of which can not be estimated with certainty, but
must have exceeded $100,000,000.
Thus, within the brief period of less than ten years after the commence-
ment of internal improvements by the General Government the sum
asked for from the Treasury for various projects amounted to more than
$200,000,000. President Jackson's powerful and disinterested appeals to
his country appear to have put down forever the assumption of power
to make roads and cut canals, and to have checked the prevalent dispo-
sition to bring all rivers in any degree navigable within the control of
the General Government. But an immense field for expending the pub-
lic money and increasing the power and patronage of this Government
was left open in the concession of even a limited power of Congress to
improve harbors and rivers-a field which millions will not fertilize
to the satisfaction of those local and speculating interests by which these
projects are in general gotten up. There can not be a just and equal dis-
tribution of public burdens and benefits under such a system, nor can
the States be relieved from the danger of fatal encroachment, nor the
United States from the equal danger of consolidation, otherwise than
by an arrest of the system and a return to the doctrines and practices
which prevailed during the first thirty years of the Government.
How forcibly does the history of this subject illustrate the tendency
of power to concentration in the hands of the General Government. The
power to improve their own harbors and rivers was clearly reserved to the
States, who were to be aided by tonnage duties levied and collected by
themselves, with the consent of Congress. For thirty-four years improve-
ments were carried on under that system, and so careful was Congress
not to interfere, under any implied power, with the soil or jurisdiction.
of the States that they did not even assume the power to erect light-
houses or build piers without first purchasing the ground, with the con-
sent of the States, and obtaining jurisdiction over it. At length, after
2472
Messages and Papers of the Presidents
the lapse of thirty-three years, an act is passed providing for the exami-
nation of certain obstructions at the mouth of one or two harbors almost
unknown. It is followed by acts making small appropriations for the
reinoval of those obstructions. The obstacles interposed by President
Monroe, after conceding the power to appropriate, were soon swept away.
Congress virtually assumed jurisdiction of the soil and waters of the
States, without their consent, for the purposes of internal improvement,
and the eyes of eager millions were turned from the State governments to
Congress as the fountain whose golden streams were to deepen their har-
bors and rivers, level their mountains, and fill their valleys with canals.
To what consequences this assumption of power was rapidly leading is
shown by the veto messages of President Jackson, and to what end it is
again tending is witnessed by the provisions of this bill and bills of
similar character.
In the proceedings and debates of the General Convention which
formed the Constitution and of the State conventions which adopted it
nothing is found to countenance the idea that the one intended to pro-
pose or the others to concede such a grant of power to the General
Government as the building up and maintaining of a system of inter-
nal improvements within the States necessarily implies. Whatever the
General Government may constitutionally create, it may lawfully protect.
If it may make a road upon the soil of the States, it may protect it from
destruction or injury by penal laws. So of canals, rivers, and harbors.
If it may put a dam in a river, it may protect that dam from removaî
or injury, in direct opposition to the laws, authorities, and people of the
State in which it is situated. If it may deepen a harbor, it may by its.
own laws protect its agents and contractors from being driven from their
work even by the laws and authorities of the State. The power to make
a road or canal or to dig up the bottom of a harbor or river implies a
right in the soil of the State and a jurisdiction over it, for which it
would be impossible to find any warrant.
The States were particularly jealous of conceding to the General Gov-
ernment any right of jurisdiction over their soil, and in the Constitution
restricted the exclusive legislation of Congress to such places as might
be "purchased with the consent of the States in which the same shall be,
for the erection of forts, magazines, dockyards, and other needful build-
ings." That the United States should be prohibited from purchasing
lands within the States without their consent, even for the most essen-
tial purposes of national defense, while left at liberty to purchase or
seize them for roads, canals, and other improvements of immeasurably
less importance, is not to be conceived.
A proposition was made in the Convention to provide for the appoint-
ment of a "Secretary of Domestic Affairs," and make it his duty, among
other things, "to attend to the opening of roads and navigation and the
facilitating communications through the United States." It was referred
to a committee, and that appears to have been the last of it. On a sub-
sequent occasion a proposition was made to confer on Congress the power
James K. Polk
2473
" which
to "provide for the cutting of canals when deemed necessary,
was rejected by the strong majority of eight States to three. Among the
reasons given for the rejection of this proposition, it was urged that
"the expense in such cases will fall on the United States and the benefits
accrue to the places where the canals may be cut."
During the consideration of this proposition a motion was made to
enlarge the proposed power for "cutting canals" into a power "to grant
charters of incorporation when the interest of the United States might
require and the legislative provisions of the individual States may be
incompetent;" and the reason assigned by Mr. Madison for the proposed
enlargement of the power was that it would “
secure an easy communi-
cation between the States, which the free intercourse now to be opened
seemed to call for. The political obstacles being removed, a removal of
the natural ones, as far as possible, ought to follow."
The original proposition and all the amendments were rejected, after
deliberate discussion, not on the ground, as so much of that discussion
as has been preserved indicates, that no direct grant was necessary, but
because it was deemed inexpedient to grant it at all. When it is con-
sidered that some of the members of the Convention, who afterwards
participated in the organization and administration of the Government,
advocated and practiced upon a very liberal construction of the Constitu-
tion, grasping at many high powers as implied in its various provisions,
not one of them, it is believed, at that day claimed the power to make
roads and canals, or improve rivers and harbors, or appropriate money
for that purpose. Among our early statesmen of the strict-construction
class the opinion was universal, when the subject was first broached,
that Congress did not possess the power, although some of them thought
it desirable.
President Jefferson, in his message to Congress in 1806, recommended
an amendment of the Constitution, with a view to apply an anticipated
surplus in the Treasury "to the great purposes of the public education,
roads, rivers, canals, and such other objects of public improvement as it
may be thought proper to add to the constitutional enumeration of Fed-
eral powers." And he adds:
I suppose an amendment to the Constitution, by consent of the States, necessary,
because the objects now recommended are not among those enumerated in the Con-
stitution, and to which it permits the public moneys to be applied.
In 1825 he repeated, in his published letters, the opinion that no such
power has been conferred upon Congress.
President Madison, in a message to the House of Representatives of
the 3d of March, 1817, assigning his objections to a bill entitled "An
act to set apart and pledge certain funds for internal improvements,"
declares that-
"The power to regulate commerce among the several States " can not include a
power to construct roads and canals and to improve the navigation of water courses
80
2474
Messages and Papers of the Presidents
in order to facilitate, promote, and secure such a commerce without a latitude of con-
struction departing from the ordinary import of the terms, strengthened by the known
inconveniences which doubtless led to the grant of this remedial power to Congress.
President Monroe, in a message to the House of Representatives of the
4th of May, 1822, containing his objections to a bill entitled "An act for
the preservation and repair of the Cumberland road," declares:
Commerce between independent powers or communities is universally regulated by
duties and imposts. It was so regulated by the States before the adoption of this Con-
stitution, equally in respect to each other and to foreign powers. The goods and ves-
sels employed in the trade are the only subjects of regulation. It can act on none
other. A power, then, to impose such duties and imposts in regard to foreign nations
and to prevent any on the trade between the States was the only power granted.
If we recur to the causes which produced the adoption of this Constitution, we shall
find that injuries resulting from the regulation of trade by the States respectively
and the advantages anticipated from the transfer of the power to Congress were
among those which had the most weight. Instead of acting as a nation in regard to
foreign powers, the States individually had commenced a system of restraint on each
other whereby the interests of foreign powers were promoted at their expense. If
one State imposed high duties on the goods or vessels of a foreign power to counter-
vail the regulations of such power, the next adjoining States imposed lighter duties
to invite those articles into their ports, that they might be transferred thence into
the other States, securing the duties to themselves. This contracted policy in some
of the States was soon counteracted by others. Restraints were immediately laid on
such commerce by the suffering States; and thus had grown up a state of affairs
disorderly and unnatural, the tendency of which was to destroy the Union itself
and with it all hope of realizing those blessings which we had anticipated from the
glorious Revolution which had been so recently achieved. From this deplorable
dilemma, or, rather, certain ruin, we were happily rescued by the adoption of the
Constitution.
Among the first and most important effects of this great Revolution was the com-
plete abolition of this pernicious policy. The States were brought together by the
Constitution, as to commerce, into one community, equally in regard to foreign
nations and each other. The regulations that were adopted regarded us in both
respects as one people. The duties and imposts that were laid on the vessels and
merchandise of foreign nations were all uniform throughout the United States,
and in the intercourse between the States themselves no duties of any kind were
imposed other than between different ports and counties within the same State.
This view is supported by a series of measures, all of a marked character, preceding
the adoption of the Constitution. As early as the year 1781 Congress recommended
it to the States to vest in the United States a power to levy a duty of 5 per cent on
all goods imported from foreign countries into the United States for the term of
fifteen years. In 1783 this recommendation, with alterations as to the kind of duties
and an extension of this term to twenty-five years, was repeated and more earnestly
urged. In 1784 it was recommended to the States to authorize Congress to prohibit,
under certain modifications, the importation of goods from foreign powers into the
United States for fifteen years. In 1785 the consideration of the subject was resumed,
and a proposition presented in a new form, with an address to the States explain-
ing fully the principles on which a grant of the power to regulate trade was deemed
indispensable. In 1786 a meeting took place at Annapolis of delegates from several
of the States on this subject, and on their report a convention was formed at Phila-
delphia the ensuing year from all the States, to whose deliberations we are indebted
for the present Constitution.
In none of these measures was the subject of internal improvement mentioned or
:
James K. Polk
2475
स्
even glanced at. Those of 1784, 1785, 1786, and 1787, leading step by step to the
adoption of the Constitution, had in view only the obtaining of a power to enable
Congress to regulate trade with foreign powers. It is manifest that the regula
tion of trade with the several States was altogether a secondary object, suggested by
and adopted in connection with the other. If the power necessary to this system of
improvement is included under either branch of this grant, I should suppose that it
was the first rather than the second. The pretension to it, however, under that
branch has never been set up. In support of the claim under the second no reason
has been assigned which appears to have the least weight.
Such is a brief history of the origin, progress, and consequences of a
system which for more than thirty years after the adoption of the Con-
stitution was unknown. The greatest embarrassment upon the subject
consists in the departure which has taken place from the early con-
struction of the Constitution and the precedents which are found in the
legislation of Congress in later years. President Jackson, in his veto of
the Wabash River bill, declares that "to inherent embarrassments have
been added others resulting from the course of our legislation concerning
it." In his vetoes on the Maysville road bill, the Rockville road bill,
the Wabash River bill, and other bills of like character he reversed the
precedents which existed prior to that time on the subject of internal
improvements. When our experience, observation, and reflection have
convinced us that a legislative precedent is either unwise or unconstitu-
tional, it should not be followed.
Its
No express grant of this power is found in the Constitution.
advocates have differed among themselves as to the source from which
it is derived as an incident. In the progress of the discussions upon
this subject the power to regulate commerce seems now to be chiefly
relied upon, especially in reference to the improvement of harbors and
rivers.
In relation to the regulation of commerce, the language of the grant
in the Constitution is:
Congress shall have power to regulate commerce with foreign nations, and among
the several States, and with the Indian tribes.
That to "regulate commerce" does not mean to make a road, or dig a
canal, or clear out a river, or deepen a harbor would seem to be obvious
to the common understanding. To "regulate" admits or affirms the
preexistence of the thing to be regulated. In this case it presupposes
the existence of commerce, and, of course, the means by which and the
channels through which commerce is carried on. It confers no creative
power; it only assumes control over that which may have been brought
into existence through other agencies, such as State legislation and the
industry and enterprise of individuals. If the definition of the word
'regulate" is to include the provision of means to carry on commerce,
then have Congress not only power to deepen harbors, clear out rivers,
dig canals, and make roads, but also to build ships, railroad cars, and
other vehicles, all of which are necessary to commerce. There is no
2476
Messages and Papers of the Presidents
middle ground. If the power to regulate can be legitimately construed
into a power to create or facilitate, then not only the bays and harbors,
but the roads and canals and all the means of transporting merchandise
among the several States, åre put at the disposition of Congress. This
power to regulate commerce was construed and exercised immediately
after the adoption of the Constitution, and has been exercised to the
present day, by prescribing general rules by which commerce should be
conducted. With foreign nations it has been regulated by treaties de-
fining the rights of citizens and subjects, as well as by acts of Congress
imposing duties and restrictions embracing vessels, seamen, cargoes, and
passengers. It has been regulated among the States by acts of Congress
relating to the coasting trade and the vessels employed therein, and for
the better security of passengers in vessels propelled by steam, and by the
removal of all restrictions upon internal trade. It has been regulated
with the Indian tribes by our intercourse laws, prescribing the manner
in which it shall be carried on. Thus each branch of this grant of power
was exercised soon after the adoption of the Constitution, and has con-
tinued to be exercised to the present day. If a more extended construc-
tion be adopted, it is impossible for the human mind to fix on a limit to
the exercise of the power other than the will and discretion of Congress.
It sweeps into the vortex of national power and jurisdiction not only har-
bors and inlets, rivers and little streams, but canals, turnpikes, and rail-
roads-every species of improvement which can facilitate or create trade
and intercourse "with foreign nations, and among the several States, and
with the Indian tribes.”
Should any great object of improvement exist in our widely extended
country which can not be effected by means of tonnage duties levied
by the States with the concurrence of Congress, it is safer and wiser
to apply to the States in the mode prescribed by the Constitution for
an amendment of that instrument whereby the powers of the General
Government may be enlarged, with such limitations and restrictions as
experience has shown to be proper, than to assume and exercise a power
which has not been granted, or which may be regarded as doubtful in
the opinion of a large portion of our constituents. This course has been
recommended successively by Presidents Jefferson, Madison, Monroe, and
Jackson, and I fully concur with them in opinion. If an enlargement.
of power should be deemed proper, it will unquestionably be granted by
the States; if otherwise, it will be withheld; and in either case their
decision should be final. In the meantime I deem it proper to add that
the investigation of this subject has impressed me more strongly than
ever with the solemn conviction that the usefulness and permanency of
this Government and the happiness of the millions over whom it spreads
its protection will be best promoted by carefully abstaining from the exer-
cise of all powers not clearly granted by the Constitution.
JAMES K. POLK.
James K. Polk
2477
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas a treaty of peace, friendship, limits, and settlement between
the United States of America and the Mexican Republic was concluded
and signed at the city of Guadalupe Hidalgo on the 2d day of February,
1848, which treaty, as amended by the Senate of the United States, and
being in the English and Spanish languages, is word for word as follows:
[Here follows the treaty.]
And whereas the said treaty, as amended, has been duly ratified on
both parts, and the respective ratifications of the same were exchanged
at Queretaro on the 30th day of May last by Ambrose H. Sevier and
Nathan Clifford, commissioners on the part of the Government of the
United States, and by Señor Don Luis de la Rosa, minister of relations
of the Mexican Republic, on the part of that Government:
Now, therefore, be it known that I, James K. Polk, President of the
United States of America, have caused the said treaty to be made public,
to the end that the same and every clause and article thereof may be
observed and fulfilled with good faith by the United States and the citi-
zens thereof.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 4th day of July, 1848,
and of the Independence of the United States the seventy-
third.
By the President:
JAMES BUCHANAN, Secretary of State.
JAMES K. POLK.
EXECUTIVE ORDER.
GENERAL ORDERS, No. 9.
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
Washington, February 24, 1848.
I. The following orders of the President of the United States and
Secretary of War announce to the Army the death of the illustrious
ex-President John Quincy Adams:
BY THE PRESIDENT OF THE UNITED STATES.
WASHINGTON, February 24, 1848.
It has pleased Divine Providence to call hence a great and patriotic
citizen. John Quincy Adams is no more. At the advanced age of more
2478
Messages and Papers of the Presidents
1
than fourscore years, he was suddenly stricken from his seat in the
House of Representatives by the hand of disease on the 21st, and ex-
pired in the Capitol a few minutes after 7 o'clock on the evening of the
23d of February, 1848.
He had for more than half a century filled the most important public
stations, and among them that of President of the United States. The
two Houses of Congress, of one of which he was a venerable and most
distinguished member, will doubtless prescribe appropriate ceremonies to
be observed as a mark of respect for the memory of this eminent citizen.
The nation mourns his loss; and as a further testimony of respect for
his memory I direct that all the executive offices at Washington be
placed in mourning and that all business be suspended during this day
and to-morrow.
JAMES K. POLK.
WAR DEPARTMENT, February 24, 1848.
The President of the United States with deep regret announces to
the Army the death of John Quincy Adams, our eminent and venerated
fellow-citizen.
While occupying his seat as a member of the House of Representa-
tives, on the 21st instant he was suddenly prostrated by disease, and on
the 23d expired, without having been removed from the Capitol. He
had filled many honorable and responsible stations in the service of his
country, and among them that of President of the United States; and
he closed his long and eventful life in the actual discharge of his duties
as one of the Representatives of the people.
From sympathy with his relatives and the American people for his
loss and from respect for his distinguished public services, the President
orders that funeral honors shall be paid to his memory at each of the
military stations.
The Adjutant-General will give the necessary instructions for carry-
ing into effect the foregoing orders.
W. L. MARCY,
Secretary of War.
II. On the day succeeding the arrival of this general order at each
military post the troops will be paraded at 10 o'clock a. m. and the
order read to them, after which all labors for the day will cease.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired, and afterwards, at inter-
vals of thirty minutes between the rising and setting sun, a single gun,
and at the close of the day a national salute of twenty-nine guns.
The officers of the Army will wear crape on the left arm and on their
swords and the colors of the several regiments will be put in mourning
for the period of six months.
By order:
R. JONES,
Adjutant-General.
James K. Polk
2479
FOURTH ANNUAL MESSAGE.
WASHINGTON, December 5, 1848.
Fellow-Citizens of the Senate and of the House of Representatives:
Under the benignant providence of Almighty God the representatives
of the States and of the people are again brought together to deliberate
for the public good. The gratitude of the nation to the Sovereign Arbi-
ter of All Human Events should be commensurate with the boundless
blessings which we enjoy.
Peace, plenty, and contentment reign throughout our borders, and our
beloved country presents a sublime moral spectacle to the world.
The troubled and unsettled condition of some of the principal Euro-
pean powers has had a necessary tendency to check and embarrass trade
and to depress prices throughout all commercial nations, but notwith-
standing these causes, the United States, with their abundant products,
have felt their effects less severely than any other country, and all our
great interests are still prosperous and successful.
In reviewing the great events of the past year and contrasting the
agitated and disturbed state of other countries with our own tranquil and
happy condition, we may congratulate ourselves that we are the most
favored people on the face of the earth. While the people of other coun-
tries are struggling to establish free institutions, under which man may
govern himself, we are in the actual enjoyment of them-a rich inherit-
ance from our fathers. While enlightened nations of Europe are con-
vulsed and distracted by civil war or intestine strife, we settle all our
political controversies by the peaceful exercise of the rights of freemen
at the ballot box.
The great republican maxim, so deeply engraven on the hearts of our
people, that the will of the majority, constitutionally expressed, shall
prevail, is our sure safeguard against force and violence. It is a subject
of just pride that our fame and character as a nation continue rapidly to
advance in the estimation of the civilized world.
To our wise and free institutions it is to be attributed that while other
nations have achieved glory at the price of the suffering, distress, and
impoverishment of their people, we have won our honorable position in
the midst of an uninterrupted prosperity and of an increasing individual
comfort and happiness.
I am happy to inform you that our relations with all nations are friendly
and pacific. Advantageous treaties of commerce have been concluded
within the last four years with New Granada, Peru, the Two Sicilies,
Belgium, Hanover, Oldenburg, and Mecklenburg-Schwerin. Pursuing
our example, the restrictive system of Great Britain, our principal for-
eign customer, has been relaxed, a more liberal commercial policy has
2480
Messages and Papers of the Presidents
been adopted by other enlightened nations, and our trade has been greatly
enlarged and extended. Our country stands higher in the respect of the
world than at any former period. To continue to occupy this proud
position, it is only necessary to preserve peace and faithfully adhere to
the great and fundamental principle of our foreign policy of noninter-
ference in the domestic concerns of other nations. We recognize in all
nations the right which we enjoy ourselves, to change and reform their
political institutions according to their own will and pleasure. Hence
we do not look behind existing governments capable of maintaining their
own authority. We recognize all such actual governments, not only from
the dictates of true policy, but from a sacred regard for the independence
of nations. While this is our settled policy, it does not follow that we
can ever be indifferent spectators of the progress of liberal principles.
The Government and people of the United States hailed with enthusiasm
and delight the establishment of the French Republic, as we now hail
the efforts in progress to unite the States of Germany in a confederation
similar in many respects to our own Federal Union. If the great and
enlightened German States, occupying, as they do, a central and com-
manding position in Europe, shall succeed in establishing such a confed-
erated government, securing at the same time to the citizens of each
State local governments adapted to the peculiar condition of each, with
unrestricted trade and intercourse with each other, it will be an impor-
tant era in the history of human events. Whilst it will consolidate and
strengthen the power of Germany, it must essentially promote the cause
of peace, commerce, civilization, and constitutional liberty throughout the
world.
With all the Governments on this continent our relations, it is believed,
are now on a more friendly and satisfactory footing than they have ever
been at any former period.
Since the exchange of ratifications of the treaty of peace with Mexico
our intercourse with the Government of that Republic has been of the
most friendly character. The envoy extraordinary and minister pleni-
potentiary of the United States to Mexico has been received and accred-
ited, and a diplomatic representative from Mexico of similar rank has
been received and accredited by this Government The amicable rela-
tions between the two countries, which had been suspended, have been
happily restored, and are destined, I trust, to be long preserved. The
two Republics, both situated on this continent, and with coterminous
territories, have every motive of sympathy and of interest to bind them
together in perpetual amity.
This gratifying condition of our foreign relations renders it unneces
sary for me to call your attention more specifically to them.
It has been my constant aim and desire to cultivate peace and com-
merce with all nations. Tranquillity at home and peaceful relations |
abroad constitute the true permanent policy of our country. War, the
James K. Polk
2481
scourge of nations, sometimes becomes inevitable, but is always to be
avoided when it can be done consistently with the rights and honor of a
nation.
One of the most important results of the war into which we were
recently forced with a neighboring nation is the demonstration it has
afforded of the military strength of our country.
Before the late war
with Mexico European and other foreign powers entertained imperfect
and erroneous views of our physical strength as a nation and of our
ability to prosecute war, and especially a war waged out of our own
country. They saw that our standing Army on the peace establishment
did not exceed 10,000 men. Accustomed themselves to maintain in
peace large standing armies for the protection of thrones against their
own subjects, as well as against foreign enemies, they had not conceived
that it was possible for a nation without such an army, well disciplined
and of long service, to wage war successfully. They held in low repute
our militia, and were far from regarding them as an effective force, unless
it might be for temporary defensive operations when invaded on our own
soil. The events of the late war with Mexico have not only undeceived
them, but have removed erroneous impressions which prevailed to some
extent even among a portion of our own countrymen. That war has
demonstrated that upon the breaking out of hostilities not anticipated,
and for which no previous preparation had been made, a volunteer army
of citizen soldiers equal to veteran troops, and in numbers equal to any
emergency, can in a short period be brought into the field. Unlike what
would have occurred in any other country, we were under no necessity
of resorting to drafts or conscriptions. On the contrary, such was the
number of volunteers who patriotically tendered their services that the
chief difficulty was in making selections and determining who should
be disappointed and compelled to remain at home. Our citizen sol-
diers are unlike those drawn from the population of any other country.
They are composed indiscriminately of all professions and pursuits—of
farmers, lawyers, physicians, merchants, manufacturers, mechanics, and
laborers-and this not only among the officers, but the private soldiers in
the ranks. Our citizen soldiers are unlike those of any other country
in other respects. They are armed, and have been accustomed from their
youth up to handle and use firearms, and a large proportion of them,
especially in the Western and more newly settled States, are expert
marksmen. They are men who have a reputation to maintain at home
by their good conduct in the field. They are intelligent, and there is
an individuality of character which is found in the ranks of no other
army.
In battle each private man, as well as every officer, fights not
only for his country, but for glory and distinction among his fellow-
citizens when he shall return to civil life.
The war with Mexico has demonstrated not only the ability of the
Government to organize a numerous army upon a sudden call, but also
2482
Messages and Papers of the Presidents
to provide it with all the munitions and necessary supplies with dispatch,
convenience, and ease, and to direct its operations with efficiency. The
strength of our institutions has not only been displayed in the valor and
skill of our troops engaged in active service in the field, but in the or-
ganization of those executive branches which were charged with the
general direction and conduct of the war. While too great praise can
not be bestowed upon the officers and men who fought our battles, it
would be unjust to withhold from those officers necessarily stationed at
home, who were charged with the duty of furnishing the Army in proper
time and at proper places with all the munitions of war and other sup-
plies so necessary to make it efficient, the commendation to which they
are entitled. The credit due to this class of our officers is the greater
when it is considered that no army in ancient or modern times was ever
better appointed or provided than our Army in Mexico. Operating in an
enemy's country, removed 2,000 miles from the seat of the Federal
Government, its different corps spread over a vast extent of territory,
hundreds and even thousands of miles apart from each other, nothing
short of the untiring vigilance and extraordinary energy of these officers
could have enabled them to provide the Army at all points and in proper
season with all that was required for the most efficient service.
It is but an act of justice to declare that the officers in charge of the
several executive bureaus, all under the immediate eye and supervision
of the Secretary of War, performed their respective duties with ability,
energy, and efficiency. They have reaped less of the glory of the war,
not having been personally exposed to its perils in battle, than their
companions in arms; but without their forecast, efficient aid, and cooper-
ation those in the field would not have been provided with the ample
means they possessed of achieving for themselves and their country the
unfading honors which they have won for both.
When all these facts are considered, it may cease to be a matter of so
much amazement abroad how it happened that our noble Army in Mexico,
regulars and volunteers, were victorious upon every battlefield, however
fearful the odds against them.
The war with Mexico has thus fully developed the capacity of repub-
lican governments to prosecute successfully a just and necessary foreign
war with all the vigor usually attributed to more arbitrary forms of gov-
ernment. It has been usual for writers on public law to impute to
republics a want of that unity, concentration of purpose, and vigor of
execution which are generally admitted to belong to the monarchical and
aristocratic forms; and this feature of popular government has been sup-
posed to display itself more particularly in the conduct of a war carried
on in an enemy's territory. The war with Great Britain in 1812 was
to a great extent confined within our own limits, and shed but little light
on this subject; but the war which we have just closed by an honora-
ble peace evinces beyond all doubt that a popular representative govern-
ment is equal to any emergency which is likely to arise in the affairs of
a nation.
James K. Polk
2483
The war with Mexico has developed most strikingly and conspicuously
another feature in our institutions. It is that without cost to the Gov-
ernment or danger to our liberties we have in the bosom of our society of
freemen, available in a just and necessary war, virtually a standing army
of 2,000,000 armed citizen soldiers, such as fought the battles of Mexico.
But our military strength does not consist alone in our capacity for ex-
tended and successful operations on land. The Navy is an important
arm of the national defense. If the services of the Navy were not so
brilliant as those of the Army in the late war with Mexico, it was because
they had no enemy to meet on their own element. While the Army had
opportunity of performing more conspicuous service, the Navy largely
participated in the conduct of the war. Both branches of the service
performed their whole duty to the country. For the able and gallant
services of the officers and men of the Navy, acting independently as
well as in cooperation with our troops, in the conquest of the Californias,
the capture of Vera Cruz, and the seizure and occupation of other impor-
tant positions on the Gulf and Pacific coasts, the highest praise is due.
Their vigilance, energy, and skill rendered the most effective service in
excluding munitions of war and other supplies from the enemy, while
they secured a safe entrance for abundant supplies for our own Army.
Our extended commerce was nowhere interrupted, and for this immu-
nity from the evils of war the country is indebted to the Navy.
High praise is due to the officers of the several executive bureaus, navy-
yards, and stations connected with the service, all under the immediate
direction of the Secretary of the Navy, for the industry, foresight, and
energy with which everything was directed and furnished to give effi
ciency to that branch of the service. The same vigilance existed in
directing the operations of the Navy as of the Army. There was concert
of action and of purpose between the heads of the two arms of the serv-
ice. By the orders which were from time to time issued, our vessels of
war on the Pacific and the Gulf of Mexico were stationed in proper time
and in proper positions to cooperate efficiently with the Army. By this
means their combined power was brought to bear successfully on the
enemy.
The great results which have been developed and brought to light by
this war will be of immeasurable importance in the future progress of
our country. They will tend powerfully to preserve us from foreign col-
lisions, and to enable us to pursue uninterruptedly our cherished policy
of “peace with all nations, entangling alliances with none.”
Occupying, as we do, a more commanding position among nations than
at any former period, our duties and our responsibilities to ourselves and
to posterity are correspondingly increased. This will be the more obvious
when we consider the vast additions which have been recently made to
our territorial possessions and their great importance and value.
Within less than four years the annexation of Texas to the Union has
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Messages and Papers of the Presidents
been consummated; all conflicting title to the Oregon Territory south of
the forty-ninth degree of north latitude, being all that was insisted on by
any of my predecessors, has been adjusted, and New Mexico and Upper
California have been acquired by treaty. The area of these several Ter-
ritories, according to a report carefully prepared by the Commissioner of
the General Land Office from the most authentic information in his posses-
sion, and which is herewith transmitted, contains 1, 193,061 square miles,
or 763,559,040 acres; while the area of the remaining twenty-nine States
and the territory not yet organized into States east of the Rocky Moun-
tains contains 2,059,513 square miles, or 1,318,126,058 acres. These
estimates show that the territories recently acquired, and over which our
exclusive jurisdiction and dominion have been extended, constitute a
country more than half as large as all that which was held by the United
States before their acquisition. If Oregon be excluded from the esti-
mate, there will still remain within the limits of Texas, New Mexico,
and California 851,598 square miles, or 545,012,720 acres, being an
addition equal to more than one-third of all the territory owned by the
United States before their acquisition, and, including Oregon, nearly as
great an extent of territory as the whole of Europe, Russia only excepted.
The Mississippi, so lately the frontier of our country, is now only its
center. With the addition of the late acquisitions, the United States are
now estimated to be nearly as large as the whole of Europe. It is esti-
mated by the Superintendent of the Coast Survey in the accompanying
report that the extent of the seacoast of Texas on the Gulf of Mexico is
upward of 400 miles; of the. coast of Upper California on the Pacific, of
970 miles, and of Oregon, including the Straits of Fuca, of 650 miles,
making the whole extent of seacoast on the Pacific 1,620 miles and the
whole extent on both the Pacific and the Gulf of Mexico 2,020 miles.
The length of the coast on the Atlantic from the northern limits of the
United States around the capes of Florida to the Sabine, on the eastern
boundary of Texas, is estimated to be 3, 100 miles; so that the addition
of seacoast, including Oregon, is very nearly two-thirds as great as all we
possessed before, and, excluding Oregon, is an addition of 1,370 miles,
being nearly equal to one-half of the extent of coast which we possessed
before these acquisitions. We have now three great maritime fronts-
on the Atlantic, the Gulf of Mexico, and the Pacific-making in the
whole an extent of seacoast exceeding 5,000 miles. This is the extent of
the seacoast of the United States, not including bays, sounds, and small
irregularities of the main shore and of the sea islands. If these be
included, the length of the shore line of coast, as estimated by the Super-
intendent of the Coast Survey in his report, would be 33,063 miles.
It would be difficult to calculate the value of these immense additions
to our territorial possessions. Texas, lying contiguous to the western
boundary of Louisiana, embracing within its limits a part of the naviga-
ble tributary waters of the Mississippi and an extensive seacoast, could
James K. Polk
2485
not long have remained in the hands of a foreign power without endan-
gering the peace of our southwestern frontier. Her products in the
vicinity of the tributaries of the Mississippi must have sought a market
through these streams, running into and through our territory, and the
danger of irritation and collision of interests between Texas as a foreign
state and ourselves would have been imminent, while the embarrass-
ments in the commercial intercourse between them must have been con-
stant and unavoidable. Had Texas fallen into the hands or under the
influence and control of a strong maritime or military foreign power,
as she might have done, these dangers would have been still greater.
They have been avoided by her voluntary and peaceful annexation to
the United States. Texas, from her position, was a natural and almost
indispensable part of our territories. Fortunately, she has been restored
to our country, and now constitutes one of the States of our Confed-
eracy, “upon an equal footing with the original States." The salubrity
of climate, the fertility of soil, peculiarly adapted to the production of
some of our most valuable staple commodities, and her commercial advan-
tages must soon make her one of our most populous States.
New Mexico, though situated in the interior and without a seacoast,
is known to contain much fertile land, to abound in rich mines of the
precious metals, and to be capable of sustaining a large population. From
its position it is the intermediate and connecting territory between our
settlements and our possessions in Texas and those on the Pacific Coast.
Upper California, irrespective of the vast mineral wealth recently devel-
oped there, holds at this day, in point of value and importance, to the rest
of the Union the same relation that Louisiana did when that fine terri-
tory was acquired from France forty-five years ago. Extending nearly
ten degrees of latitude along the Pacific, and embracing the only safe
and commodious harbors on that coast for many hundred miles, with a
temperate climate and an extensive interior of fertile lands, it is scarcely
possible to estimate its wealth until it shall be brought under the govern-
ment of our laws and its resources fully developed. From its position.
it must command the rich commerce of China, of Asia, of the islands of
the Pacific, of western Mexico, of Central America, the South American
States, and of the Russian possessions bordering on that ocean. A great
emporium will doubtless speedily arise on the Californian coast which
may be destined to rival in importance New Orleans itself. The depot
of the vast commerce which must exist on the Pacific will probably be at
some point on the Bay of San Francisco, and will occupy the same relation
to the whole western coast of that ocean as New Orleans does to the val-
ley of the Mississippi and the Gulf of Mexico. To this depot our numer-
ous whale ships will resort with their cargoes to trade, refit, and obtain
supplies. This of itself will largely contribute to build up a city, which
would soon become the center of a great and rapidly increasing commerce.
Situated on a safe harbor, sufficiently capacious for all the navies as well
>
2486
Messages and Papers of the Presidents
as the marine of the world, and convenient to excellent timber for ship-
building, owned by the United States, it must become our great Western
naval depot.
It was known that mines of the precious metals existed to a consider-
able extent in California at the time of its acquisition. Recent discov-
eries render it probable that these mines are more extensive and valuable
than was anticipated. The accounts of the abundance of gold in that
territory are of such an extraordinary character as would scarcely com-
mand belief were they not corroborated by the authentic reports of offi-
cers in the public service who have visited the mineral district and
derived the facts which they detail from personal observation. Reluc-
tant to credit the reports in general circulation as to the quantity of
gold, the officer commanding our forces in California visited the mineral
district in July last for the purpose of obtaining accurate information on
the subject. His report to the War Department of the result of his
examination and the facts obtained on the spot is herewith laid before
Congress. When he visited the country there were about 4,000 persons
engaged in collecting gold. There is every reason to believe that the
number of persons so employed has since been augmented. The explo-
rations already made warrant the belief that the supply is very large and
that gold is found at various places in an extensive district of country.
Information received from officers of the Navy and other sources,
though not so full and minute, confirms the accounts of the commander
of our military force in California. It appears also from these reports
that mines of quicksilver are found in the vicinity of the gold region.
One of them is now being worked, and is believed to be among the most
productive in the world.
The effects produced by the discovery of these rich mineral deposits
and the success which has attended the labors of those who have resorted
to them have produced a surprising change in the state of affairs in Cali-
fornia. Labor commands a most exorbitant price, and all other pursuits
but that of searching for the precious metals are abandoned. Nearly
the whole of the male population of the country have gone to the gold
districts. Ships arriving on the coast are deserted by their crews and
their voyages suspended for want of sailors. Our commanding officer
there entertains apprehensions that soldiers can not be kept in the pub-
lic service without a large increase of pay. Desertions in his command
have become frequent, and he recommends that those who shall with-
stand the strong temptation and remain faithful should be rewarded.
This abundance of gold and the all-engrossing pursuit of it have
already caused in California an unprecedented rise in the price of all the
necessaries of life.
That we may the more speedily and fully avail ourselves of the unde-
veloped wealth of these mines, it is deemed of vast importance that a
branch of the Mint of the United States be authorized to be established
THE DAYS OF FORTY-NINE IN CALIFORNIA
Sutter's discovery of gold in 1848 could not be kept secret; by May of that
year San Francisco was deserted by its male population. By March, 1849,
more than seventeen thousand gold hunters had embarked at Atlantic and
Gulf ports for California, either intending to make the seven-month's journey
around Cape Horn, or, after landing in Panama, Nicaragua or Mexico, cross
overland to the Pacific and there re-embark. By May an equal number had
begun the overland journey. San Francisco was their objective point. It
was composed of a few old Mexican residences and a host of shacks, tents
and shanties for the temporary accommodation of the hordes who made the
town a stopping-place on their route to the El Dorado. Four or five hundred
ships, whose crews and captains had caught the gold fever and deserted, lay
rotting in the harbor; cargoes of goods, unsuitable to the population but worth
fortunes, were strewn on the beach; gold was the only currency in use, an
ounce of it being worth $16; unskilled labor received $10 per diem, while
carpenters and blacksmiths received $16; a candle cost $3; a shirt, $40; a
barrel of pork, $210; a tin basin, $9. El Dorado, the chief gambling tent, paid
$40,000 a year rent; the Parker House, a two-story hotel, paid $120,000 a
year rent. The law was meted out by an alcalde, who heard complaints,
settled disputes and summoned juries. Punishments in the shape of fines,
flogging, expulsion from the camps and death were awarded. Each man's
right to his claim was carefully guarded.
The pictures, being contemporary, are unquestionably truthful represen-
tations of (1) a faro outfit, (2) a dance hall, and (3) Chinese employees of
the miners.
See the article "California" in the Encyclopedic Index.
James K. Polk
2487
at your present session in California. Among other signal advantages
which would result from such an establishment would be that of raising
the gold to its par value in that territory. A branch mint of the United
States at the great commercial depot on the west coast would convert
into our own coin not only the gold derived from our own rich mines,
but also the bullion and specie which our commerce may bring from the
whole west coast of Central and South America. The west coast of
America and the adjacent interior embrace the richest and best mines
of Mexico, New Granada, Central America, Chili, and Peru. The bul-
lion and specie drawn from these countries, and especially from those
of western Mexico and Peru, to an amount in value of many millions
of dollars, are now annually diverted and carried by the ships of Great
Britain to her own ports, to be recoined or used to sustain her national
bank, and thus contribute to increase her ability to command so much
of the commerce of the world. If a branch mint be established at the
great commercial point upon that coast, a vast amount of bullion and spe-
cie would flow thither to be recoined, and pass thence to New Orleans,
New York, and other Atlantic cities. The amount of our constitutional
currency at home would be greatly increased, while its circulation abroad
would be promoted. It is well known to our merchants trading to China
and the west coast of America that great inconvenience and loss are ex-
perienced from the fact that our coins are not current at their par value
in those countries.
The powers of Europe, far removed from the west coast of America
by the Atlantic Ocean, which intervenes, and by a tedious and danger-
ous navigation around the southern cape of the continent of America,
can never successfully compete with the United States in the rich and
extensive commerce which is opened to us at so much less cost by the
acquisition of California.
The vast importance and commercial advantages of California have
heretofore remained undeveloped by the Government of the country of
which it constituted a part. Now that this fine province is a part
of our country, all the States of the Union, some more immediately and
directly than others, are deeply interested in the speedy development of
its wealth and resources. No section of our country is more interested
or will be more benefited than the commercial, navigating, and manu-
facturing interests of the Eastern States. Our planting and farming
interests in every part of the Union will be greatly benefited by it. As
our commerce and navigation are enlarged and extended, our exports of
agricultural products and of manufactures will be increased, and in the
new markets thus opened they can not fail to command remunerating
and profitable prices.
The acquisition of California and New Mexico, the settlement of the
Oregon boundary, and the annexation of Texas, extending to the Rio
Grande, are results which, combined, are of greater consequence and
2488
Messages and Papers of the Presidents
will add more to the strength and wealth of the nation than any which
have preceded them since the adoption of the Constitution.
But to effect these great results not only California, but New Mexico,
must be brought under the control of regularly organized governments.
The existing condition of California and of that part of New Mexico
lying west of the Rio Grande and without the limits of Texas impe-
riously demands that Congress should at its present session organize
Territorial governments over them.
Upon the exchange of ratifications of the treaty of peace with Mexico,
on the 30th of May last, the temporary governments which had been
established over New Mexico and California by our military and naval
commanders by virtue of the rights of war ceased to derive any obliga-
tory force from that source of authority, and having been ceded to the
United States, all government and control over them under the authority
of Mexico had ceased to exist. Impressed with the necessity of estab-
lishing Territorial governments over them, I recommended the subject
to the favorable consideration of Congress in my message communicat-
ing the ratified treaty of peace, on the 6th of July last, and invoked their
action at that session. Congress adjourned without making any pro-
vision for their government. The inhabitants by the transfer of their
country had become entitled to the benefit of our laws and Constitution,
and yet were left without any regularly organized government. Since
that time the very limited power possessed by the Executive has been
exercised to preserve and protect them from the inevitable consequences
of a state of anarchy. The only government which remained was that
established by the military authority during the war. Regarding this to
be a de facto government, and that by the presumed consent of the in-
habitants it might be continued temporarily, they were advised to con-
form and submit to it for the short intervening period before Congress
would again assemble and could legislate on the subject. The views
entertained by the Executive on this point are contained in a commu-
nication of the Secretary of State dated the 7th of October last, which
was forwarded for publication to California and New Mexico, a copy of
which is herewith transmitted. The small military force of the Regular
Army which was serving within the limits of the acquired territories at
the close of the war was retained in them, and additional forces have
been ordered there for the protection of the inhabitants and to preserve
and secure the rights and interests of the United States.
No revenue has been or could be collected at the ports in California,
because Congress failed to authorize the establishment of custom-houses
or the appointment of officers for that purpose.
The Secretary of the Treasury, by a circular letter addressed to col-
lectors of the customs on the 7th day of October last, a copy of which is
herewith transmitted, exercised all the power with which he was invested
by law.
James K. Polk
2489
In pursuance of the act of the 14th of August last, extending the benefit
of our post-office laws to the people of California, the Postmaster-General
has appointed two agents, who have proceeded, the one to California and
the other to Oregon, with authority to make the necessary arrangements
for carrying its provisions into effect.
The monthly line of mail steamers from Panama to Astoria has been
required to "stop and deliver and take mails at San Diego, Monterey,
and San Francisco." These mail steamers, connected by the Isthmus of
Panama with the line of mail steamers on the Atlantic between New
York and Chagres, will establish a regular mail communication with
California.
It is our solemn duty to provide with the least practicable delay for
New Mexico and California regularly organized Territorial governments.
The causes of the failure to do this at the last session of Congress are
well known and deeply to be regretted. With the opening prospects
of increased prosperity and national greatness which the acquisition of
these rich and extensive territorial possessions affords, how irrational
it would be to forego or to reject these advantages by the agitation of a
domestic question which is coeval with the existence of our Government
itself, and to endanger by internal strifes, geographical divisions, and
heated contests for political power, or for any other cause, the harmony
of the glorious Union of our confederated States-that Union which
binds us together as one people, and which for sixty years has been our
shield and protection against every danger. In the eyes of the world
and of posterity how trivial and insignificant will be all our internal
divisions and struggles compared with the preservation of this Union
of the States in all its vigor and with all its countless blessings! No pa-
triot would foment and excite geographical and sectional divisions. No
lover of his country would deliberately calculate the value of the Union.
Future generations would look in amazement upon the folly of such
a course. Other nations at the present day would look upon it with
astonishment, and such of them as desire to maintain and perpetuate
thrones and monarchical or aristocratical principles will view it with
exultation and delight, because in it they will see the elements of fac-
tion, which they hope must ultimately overturn our system. Ours is
the great example of a prosperous and free self-governed republic, com-
manding the admiration and the imitation of all the lovers of freedom
throughout the world. How solemn, therefore, is the duty, how impress-
ive the call upon us and upon all parts of our country, to cultivate a
patriotic spirit of harmony, of good-fellowship, of compromise and mutual
concession, in the administration of the incomparable system of govern-
ment formed by our fathers in the midst of almost insuperable difficul-
ties, and transmitted to us with the injunction that we should enjoy its
blessings and hand it down unimpaired to those who may come after us.
In view of the high and responsible duties which we owe to ourselves
2490
Messages and Papers of the Presidents
and to mankind, I trust you may be able at your present session to
approach the adjustment of the only domestic question which seriously
threatens, or probably ever can threaten, to disturb the harmony and
successful operations of our system.
The immensely valuable possessions of New Mexico and California
are already inhabited by a considerable population. Attracted by their
great fertility, their mineral wealth, their commercial advantages, and
the salubrity of the climate, emigrants from the older States in great
numbers are already preparing to seek new homes in these inviting re-
gions. Shall the dissimilarity of the domestic institutions in the different
States prevent us from providing for them suitable governments? These
institutions existed at the adoption of the Constitution, but the obstacles
which they interposed were overcome by that spirit of compromise which
is now invoked. In a conflict of opinions or of interests, real or imagi-
nary, between different sections of our country, neither can justly demand
all which it might desire to obtain. Each, in the true spirit of our insti-
tutions, should concede something to the other.
Our gallant forces in the Mexican war, by whose patriotism and unpar-
alleled deeds of arms we obtained these possessions as an indemnity for
our just demands against Mexico, were composed of citizens who belonged
to no one State or section of our Union. They were men from slave-
holding and nonslaveholding States, from the North and the South, from
the East and the West. They were all companions in arms and fellow-
citizens of the same common country, engaged in the same common
cause. When prosecuting that war they were brethren and friends, and
shared alike with each other common toils, dangers, and sufferings.
Now, when their work is ended, when peace is restored, and they return
again to their homes, put off the habiliments of war, take their places in
society, and resume their pursuits in civil life, surely a spirit of harmony
and concession and of equal regard for the rights of all and of all sec-
tions of the Union ought to prevail in providing governments for the
acquired territories-the fruits of their common service. The whole
people of the United States, and of every State, contributed to defray
the expenses of that war, and it would not be just for any one section to
exclude another from all participation in the acquired territory.
This
would not be in consonance with the just system of government which
the framers of the Constitution adopted.
The question is believed to be rather abstract than practical, whether
slavery ever can or would exist in any portion of the acquired territory
even if it were left to the option of the slaveholding States themselves.
From the nature of the climate and productions in much the larger
portion of it it is certain it could never exist, and in the remainder the
probabilities are it would not. But however this may be, the ques-
tion, involving, as it does, a principle of equality of rights of the separate
and several States as equal copartners in the Confederacy, should not
be disregarded.
James K. Polk
2491
In organizing governments over these territories no duty imposed on
Congress by the Constitution requires that they should legislate on the
subject of slavery, while their power to do so is not only seriously ques-
tioned, but denied by many of the soundest expounders of that instru-
ment. Whether Congress shall legislate or not, the people of the acquired
territories, when assembled in convention to form State constitutions,
will possess the sole and exclusive power to determine for themselves
whether slavery shall or shall not exist within their limits. If Con-
gress shall abstain from interfering with the question, the people of these
territories will be left free to adjust it as they may think proper when
they apply for admission as States into the Union. No enactment of
Congress could restrain the people of any of the sovereign States of the
Union, old or new, North or South, slaveholding or nonslaveholding,
from determining the character of their own domestic institutions as
they may deem wise and proper. Any and all the States possess this
right, and Congress can not deprive them of it. The people of Georgia
might if they chose so alter their constitution as to abolish slavery within
its limits, and the people of Vermont might so alter their constitution as
to admit slavery within its limits. Both States would possess the right,
though, as all know, it is not probable that either would exert it.
It is fortunate for the peace and harmony of the Union that this ques-
tion is in its nature temporary and can only continue for the brief period
which will intervene before California and New Mexico may be admitted
as States into the Union. From the tide of population now flowing into
them it is highly probable that this will soon occur.
Considering the several States and the citizens of the several States
as equals and entitled to equal rights under the Constitution, if this
were an original question it might well be insisted on that the princi-
ple of noninterference is the true doctrine and that Congress could not,
in the absence of any express grant of power, interfere with their rela-
tive rights. Upon a great emergency, however, and under menacing
dangers to the Union, the Missouri compromise line in respect to slavery
was adopted. The same line was extended farther west in the acqui-
sition of Texas. After an acquiescence of nearly thirty years in the
principle of compromise recognized and established by these acts, and to
avoid the danger to the Union which might follow if it were now disre-
garded, I have heretofore expressed the opinion that that line of com-
promise should be extended on the parallel of 36° 30′ from the western
boundary of Texas, where it now terminates, to the Pacific Ocean. This
is the middle ground of compromise, upon which the different sections
of the Union may meet, as they have heretofore met. If this be done,
it is confidently believed a large majority of the people of every section
of the country, however widely their abstract opinions on the subject of
slavery may differ, would cheerfully and patriotically acquiesce in it,
and peace and harmony would again fill our borders.
2492
Messages and Papers of the Presidents
The restriction north of the line was only yielded to in the case of Mis-
souri and Texas upon a principle of compromise, made necessary for the
sake of preserving the harmony and possibly the existence of the Union.
It was upon these considerations that at the close of your last ses-
sion I gave my sanction to the principle of the Missouri compromise
line by approving and signing the bill to establish "the Territorial gov-
ernment of Oregon." From a sincere desire to preserve the harmony of
the Union, and in deference for the acts of my predecessors, I felt con-
strained to yield my acquiescence to the extent to which they had gone
in compromising this delicate and dangerous question. But if Congress
shall now reverse the decision by which the Missouri compromise was
effected, and shall propose to extend the restriction over the whole ter-
ritory, soth as well as north of the parallel of 36° 30′, it will cease to
be a compromise, and must be regarded as an original question.
If Congress, instead of observing the course of noninterference, leav-
ing the adoption of their own domestic institutions to the people who
may inhabit these territories, or if, instead of extending the Missouri
compromise line to the Pacific, shall prefer to submit the legal and con-
stitutional questions which may arise to the decision of the judicial tribu-
nals, as was proposed in a bill which passed the Senate at your last
session, an adjustment may be effected in this mode. If the whole sub-
ject be referred to the judiciary, all parts of the Union should cheerfully
acquiesce in the final decision of the tribunal created by the Constitution
for the settlement of all questions which may arise under the Constitu-
tion, treaties, and laws of the United States.
Congress is earnestly invoked, for the sake of the Union, its harmony,
and our continued prosperity as a nation, to adjust at its present session
this, the only dangerous question which lies in our path, if not in some
one of the modes suggested, in some other which may be satisfactory.
In anticipation of the establishment of regular governments over the
acquired territories, a joint commission of officers of the Army and Navy
has been ordered to proceed to the coast of California and Oregon for the
purpose of making reconnoissances and a report as to the proper sites
for the erection of fortifications or other defensive works on land and of
suitable situations for naval stations. The information which may be
expected from a scientific and skillful examination of the whole face of
the coast will be eminently useful to Congress when they come to con-
sider the propriety of making appropriations for these great national
objects. Proper defenses on land will be necessary for the security and
protection of our possessions, and the establishment of navy-yards and a
dock for the repair and construction of vessels will be important alike to
our Navy and commercial marine. Without such establishments every
vessel, whether of the Navy or of the merchant service, requiring repair
must at great expense come round Cape Horn to one of our Atlantic
yards for that purpose. With such establishments vessels, it is believed,
James K. Polk
2493
may be built or repaired as cheaply in California as upon the Atlantic
coast. They would give employment to many of our enterprising ship-
builders and mechanics and greatly facilitate and enlarge our commerce
in the Pacific.
As it is ascertained that mines of gold, silver, copper, and quicksilver
exist in New Mexico and California, and that nearly all the lands where
they are found belong to the United States, it is deemed important to
the public interest that provision be made for a geological and mineral-
ogical examination of these regions. Measures should be adopted to pre-
serve the mineral lands, especially such as contain the precious metals,
for the use of the United States, or, if brought into market, to sepa-
rate them from the farming lands and dispose of them in such manner
as to secure a large return of money to the Treasury and at the same
time to lead to the development of their wealth by individual proprie-
tors and purchasers. To do this it will be necessary to provide for an
immediate survey and location of the lots. If Congress should deem
it proper to dispose of the mineral lands, they should be sold in small
quantities and at a fixed minimum price.
I recommend that surveyors-general's offices be authorized to be estab-
lished in New Mexico and California and provision made for surveying
and bringing the public lands into market at the earliest practicable
period. In disposing of these lands, I recommend that the right of pre-
emption be secured and liberal grants made to the early emigrants who
have settled or may settle upon them.
It will be important to extend our revenue laws over these territories,
and especially over California, at an early period. There is already a
considerable commerce with California, and until ports of entry shall be
established and collectors appointed no revenue can be received.
If these and other necessary and proper measures be adopted for the
development of the wealth and resources of New Mexico and California
and regular Territorial governments be established over them, such will
probably be the rapid enlargement of our commerce and navigation and
such the addition to the national wealth that the present generation may
live to witness the controlling commercial and monetary power of the
world transferred from London and other European emporiums to the
city of New York.
The apprehensions which were entertained by some of our statesmen
in the earlier periods of the Government that our system was incapable
of operating with sufficient energy and success over largely extended
territorial limits, and that if this were attempted it would fall to pieces.
by its own weakness, have been dissipated by our experience. By the
division of power between the States and Federal Government the latter
is found to operate with as much energy in the extremes as in the center.
It is as efficient in the remotest of the thirty States which now compose
the Union as it was in the thirteen States which formed our Constitu-
tion. Indeed, it may well be doubted whether if our present population
had been confined within the limits of the original thirteen States the
2494
Messages and Papers of the Presidents
tendencies to centralization and consolidation would not have been such
as to have encroached upon the essential reserved rights of the States,
and thus to have made the Federal Government a widely different one,
practically, from what it is in theory and was intended to be by its
framers. So far from entertaining apprehensions of the safety of our
system by the extension of our territory, the belief is confidently enter-
tained that each new State gives strength and an additional guaranty for
the preservation of the Union itself.
In pursuance of the provisions of the thirteenth article of the treaty
of peace, friendship, limits, and settlement with the Republic of Mexico,
and of the act of July 29, 1848, claims of our citizens, which had been
"already liquidated and decided, against the Mexican Republic' amount-
ing, with the interest thereon, to $2,023,832.51 have been liquidated and
paid. There remain to be paid of these claims $74, 192.26.
Congress at its last session having made no provision for executing the
fifteenth article of the treaty, by which the United States assume to make
satisfaction for the "unliquidated claims" of our citizens against Mexico
to "an amount not exceeding three and a quarter millions of dollars,"
the subject is again recommended to your favorable consideration.
The exchange of ratifications of the treaty with Mexico took place on
the 30th of May, 1848. Within one year after that time the commis-
sioner and surveyor which each Government stipulates to appoint are
required to meet "at the port of San Diego and proceed to run and mark
the said boundary in its whole course to the mouth of the Rio Bravo del
Norte." It will be seen from this provision that the period within which
a commissioner and surveyor of the respective Governments are to meet
at San Diego will expire on the 30th of May, 1849. Congress at the
close of its last session made an appropriation for "the expenses of run-
ning and marking the boundary line" between the two countries, but
did not fix the amount of salary which should be paid to the commis-
sioner and surveyor to be appointed on the part of the United States. It
is desirable that the amount of compensation which they shall receive
should be prescribed by law, and not left, as at present, to Executive
discretion.
Measures were adopted at the earliest practicable period to organize
the "Territorial government of Oregon," as authorized by the act of the
14th of August last. The governor and marshal of the Territory, accom-
panied by a small military escort, left the frontier of Missouri in Septem-
ber last, and took the southern route, by the way of Santa Fe and the
river Gila, to California, with the intention of proceeding thence in one of
our vessels of war to their destination. The governor was fully advised
of the great importance of his early arrival in the country, and it is con-
fidently believed he may reach Oregon in the latter part of the present
month or early in the next. The other officers for the Territory have
proceeded by sea.
In the month of May last I communicated information to Congress
that an Indian war had broken out in Oregon, and recommended that
James K. Polk
2495
authority be given to raise an adequate number of volunteers to proceed
without delay to the assistance of our fellow-citizens in that Territory.
The authority to raise such a force not having been granted by Congress,
as soon as their services could be dispensed with in Mexico orders were
issued to the regiment of mounted riflemen to proceed to Jefferson Bar-
racks, in Missouri, and to prepare to march to Oregon as soon as the nec-
essary provision could be made. Shortly before it was ready to march it
was arrested by the provision of the act passed by Congress on the last
day of the last session, which directed that all the noncommissioned offi.
cers, musicians, and privates of that regiment who had been in service
in Mexico should, upon their application, be entitled to be discharged.
The effect of this provision was to disband the rank and file of the regi-
ment, and before their places could be filled by recruits the season had so
far advanced that it was impracticable for it to proceed until the opening
of the next spring.
In the month of October last the accompanying communication was
received from the governor of the temporary government of Oregon,
giving information of the continuance of the Indian disturbances and
of the destitution and defenseless condition of the inhabitants. Orders
were immediately transmitted to the commander of our squadron in the
Pacific to dispatch to their assistance a part of the naval forces on that
station, to furnish them with arms and ammunition, and to continue to
give them such aid and protection as the Navy could afford until the
Army could reach the country.
It is the policy of humanity, and one which has always been pursued
by the United States, to cultivate the good will of the aboriginal tribes
of this continent and to restrain them from making war and indulging
in excesses by mild means rather than by force. That this could have
been done with the tribes in Oregon had that Territory been brought
under the government of our laws at an earlier period, and had other
suitable measures been adopted by Congress, such as now exist in our
intercourse with the other Indian tribes within our limits, can not be
doubted. Indeed, the immediate and only cause of the existing hostility
of the Indians of Oregon is represented to have been the long delay of the
United States in making to them some trifling compensation, in such
articles as they wanted, for the country now occupied by our emigrants,
which the Indians claimed and over which they formerly roamed. This
compensation had been promised to them by the temporary government
established in Oregon, but its fulfillment had been postponed from time
to time for nearly two years, whilst those who made it had been anxiously
waiting for Congress to establish a Territorial government over the coun-
try. The Indians became at length distrustful of their good faith and
sought redress by plunder and massacre, which finally led to the present
difficulties. A few thousand dollars in suitable presents, as a compensa-
tion for the country which had been taken possession of by our citizens,
2496
Messages and Papers of the Presidents
would have satisfied the Indians and have prevented the war. A small
amount properly distributed, it is confidently believed, would soon restore
quiet. In this Indian war our fellow-citizens of Oregon have been com-
pelled to take the field in their own defense, have performed valuable
military services, and been subjected to expenses which have fallen heav-
ily upon them. Justice demands that provision should be made by Con-
gress to compensate them for their services and to refund to them the
necessary expenses which they have incurred.
I repeat the recommendation heretofore made to Congress, that provi-
sion be made for the appointment of a suitable number of Indian agents
to reside among the tribes of Oregon, and that a small sum be appropri-
ated to enable these agents to cultivate friendly relations with them. If
this be done, the presence of a small military force will be all that is nec-
essary to keep them in check and preserve peace. I recommend that
similar provisions be made as regards the tribes inhabiting northern
Texas, New Mexico, California, and the extensive region lying between
our settlements in Missouri and these possessions, as the most effective
means of preserving peace upon our borders and within the recently
acquired territories.
The Secretary of the Treasury will present in his annual report a
highly satisfactory statement of the condition of the finances.
The imports for the fiscal year ending on the 30th of June last were of
the value of $154,977,876, of which the amount exported was $21, 128,010,
leaving $133,849,866 in the country for domestic use. The value of the
exports for the same period was $154,032, 131, consisting of domestic pro-
ductions amounting to $132,904, 121 and $21, 128,010 of foreign articles.
The receipts into the Treasury for the same period, exclusive of loans,
amounted to $35,436,750.59, of which there was derived from customs
$31,757,070.96, from sales of public lands $3,328,642.56, and from mis-
cellaneous and incidental sources $351,037.07.
It will be perceived that the revenue from customs for the last fis-
cal year exceeded by $757,070.96 the estimate of the Secretary of the
Treasury in his last annual report, and that the aggregate receipts dur-
ing the same period from customs, lands, and miscellaneous sources also
exceeded the estimate by the sum of $536,750.59, indicating, however,
a very near approach in the estimate to the actual result.
The expenditures during the fiscal year ending on the 30th of June
last, including those for the war and exclusive of payments of principal
and interest for the public debt, were $42,811,970.03.
It is estimated that the receipts into the Treasury for the fiscal year
ending on the 30th of June, 1849, including the balance in the Treas-
ury on the 1st of July last, will amount to the sum of $57,048,969.90,
of which $32,000,000, it is estimated, will be derived from customs,
$3,000,000 from the sales of the public lands, and $1,200,000 from mis-
cellaneous and incidental sources, including the premium upon the loan,
James K. Polk
2497
and the amount paid and to be paid into the Treasury on account of mili-
tary contributions in Mexico, and the sales of arms and vessels and other
public property rendered unnecessary for the use of the Government
by the termination of the war, and $20,695,435.30 from loans already
negotiated, including Treasury notes funded, which, together with the
balance in the Treasury on the 1st of July last, make the sum estimated.
The expenditures for the same period, including the necessary pay-
ment on account of the principal and interest of the public debt, and the
principal and interest of the first installment due to Mexico on the 30th.
of May next, and other expenditures growing out of the war to be paid
during the present year, will amount, including the reimbursement of
Treasury notes, to the sum of $54,195,275.06, leaving an estimated bal-
ance in the Treasury on the 1st of July, 1849, of $2,853,694.84.
The Secretary of the Treasury will present, as required by law, the
estimate of the receipts and expenditures for the next fiscal year. The
expenditures as estimated for that year are $33,213,152.73, including
$3,799,102.18 for the interest on the public debt and $3,540,000 for the
principal and interest due to Mexico on the 30th of May, 1850, leaving
the sum of $25,874,050.35, which, it is believed, will be ample for the
ordinary peace expenditures.
The operations of the tariff act of 1846 have been such during the past.
year as fully to meet the public expectation and to confirm the opin-
ion heretofore expressed of the wisdom of the change in our revenue
system which was effected by it. The receipts under it into the Treas-
ury for the first fiscal year after its enactment exceeded by the sum of
$5,044,403.09 the amount collected during the last fiscal year under the
tariff act of 1842, ending the 30th of June, 1846. The total revenue
realized from the commencement of its operation, on the 1st of Decem-
ber, 1846, until the close of the last quarter, on the 30th of September
last, being twenty-two months, was $56,654,563.79, being a much larger
sum than was ever before received from duties during any equal period
under the tariff acts of 1824, 1828, 1832, and 1842. Whilst by the
repeal of highly protective and prohibitory duties the revenue has been
increased, the taxes on the people have been diminished. They have
been relieved from the heavy amounts with which they were burthened
under former laws in the form of increased prices or bounties paid to
favored classes and pursuits.
The predictions which were made that the tariff act of 1846 would
reduce the amount of revenue below that collected under the act of 1842,
and would prostrate the business and destroy the prosperity of the coun-
try, have not been verified. With an increased and increasing revenue,
the finances are in a highly flourishing condition. Agriculture, com-
merce, and navigation are prosperous; the prices of manufactured fab-
rics and of other products are much less injuriously affected than was to
have been anticipated from the unprecedented revulsions which during
2498
Messages and Papers of the Presidents
the last and the present year have overwhelmed the industry and para-
lyzed the credit and commerce of so many great and enlightened nations
of Europe.
Severe commercial revulsions abroad have always heretofore operated
to depress and often to affect disastrously almost every branch of Ameri-
can industry. The temporary depression of a portion of our manufac-
turing interests is the effect of foreign causes, and is far less severe than
has prevailed on all former similar occasions.
It is believed that, looking to the great aggregate of all our interests,
the whole country was never more prosperous than at the present period,
and never more rapidly advancing in wealth and population. Neither
the foreign war in which we have been involved, nor the loans which
have absorbed so large a portion of our capital, nor the commercial revul-
sion in Great Britain in 1847, nor the paralysis of credit and commerce
throughout Europe in 1848, have affected injuriously to any considerable
extent any of the great interests of the country or arrested our onward
march to greatness, wealth, and power.
Had the disturbances in Europe not occurred, our commerce would
undoubtedly have been still more extended, and would have added still
more to the national wealth and public prosperity. But notwithstanding
these disturbances, the operations of the revenue system established by
the tariff act of 1846 have been so generally beneficial to the Govern-
ment and the business of the country that no change in its provisions
is demanded by a wise public policy, and none is recommended.
The operations of the constitutional treasury established by the act
of the 6th of August, 1846, in the receipt, custody, and disbursement of
the public money have continued to be successful.
Under this sys-
tem the public finances have been carried through a foreign war, involv-
ing the necessity of loans and extraordinary expenditures and requiring
distant transfers and disbursements, without embarrassment, and no loss
has occurred of any of the public money deposited under its provisions.
Whilst it has proved to be safe and useful to the Government, its effects
have been most beneficial upon the business of the country. It has
tended powerfully to secure an exemption from that inflation and fluc-
tuation of the paper currency so injurious to domestic industry and ren-
dering so uncertain the rewards of labor, and, it is believed, has largely
contributed to preserve the whole country from a serious commercial
revulsion, such as often occurred under the bank deposit system. In
the year 1847 there was a revulsion in the business of Great Britain of
great extent and intensity, which was followed by failures in that King-
dom unprecedented in number and amount of losses. This is believed
to be the first instance when such disastrous bankruptcies, occurring
in a country with which we have such extensive commerce, produced
little or no injurious effect upon our trade or currency. We remained
but little affected in our money market, and our business and industry
were still prosperous and progressive,
James K. Polk
2499
During the present year nearly the whole continent of Europe has
been convulsed by civil war and revolutions, attended by numerous
bankruptcies, by an unprecedented fall in their public securities, and an
almost universal paralysis of commerce and industry; and yet, although
our trade and the prices of our products must have been somewhat
unfavorably affected by these causes, we have escaped a revulsion, our
money market is comparatively easy, and public and private credit have
advanced and improved.
It is confidently believed that we have been saved from their effect by
the salutary operation of the constitutional treasury. It is certain that
if the twenty-four millions of specie imported into the country during the
fiscal year ending on the 30th of June, 1847, had gone into the banks,
as to a great extent it must have done, it would in the absence of this
system have been made the basis of augmented bank paper issues, prob-
ably to an amount not less than $60,000,000 or $70,000,000, producing,
as an inevitable consequence of an inflated currency, extravagant prices
for a time and wild speculation, which must have been followed, on the
reflux to Europe the succeeding year of so much of that specie, by
the prostration of the business of the country, the suspension of the
banks, and most extensive bankruptcies. Occurring, as this would have
done, at a period when the country was engaged in a foreign war, when
considerable loans of specie were required for distant disbursements, and
when the banks, the fiscal agents of the Government and the deposi-
tories of its money, were suspended, the public credit must have sunk,
and many millions of dollars, as was the case during the War of 1812,
must have been sacrificed in discounts upon loans and upon the depreci-
ated paper currency which the Government would have been compelled
to use.
Under the operations of the constitutional treasury not a dollar has
been lost by the depreciation of the currency. The loans required to
prosecute the war with Mexico were negotiated by the Secretary of the
Treasury above par, realizing a large premium to the Government. The
restraining effect of the system upon the tendencies to excessive paper
issues by banks has saved the Government from heavy losses and thou-
sands of our business men from bankruptcy and ruin. The wisdom of
the system has been tested by the experience of the last two years, and
it is the dictate of sound policy that it should remain undisturbed. The
modifications in some of the details of this measure, involving none of
its essential principles, heretofore recommended, are again presented for
your favorable consideration.
In my message of the 6th of July last, transmitting to Congress the
ratified treaty of peace with Mexico, I recommended the adoption of
measures for the speedy payment of the public debt. In reiterating that
recommendation I refer you to the considerations presented in that mes-
sage in its support. The public debt, including that authorized to be
2500
Messages and Papers of the Presidents
negotiated in pursuance of existing laws, and including Treasury notes,
amounted at that time to $65,778,450.41.
Funded stock of the United States amounting to about half a million
of dollars has been purchased, as authorized by law, since that period,
and the public debt has thus been reduced, the details of which will be
presented in the annual report of the Secretary of the Treasury.
The estimates of expenditures for the next fiscal year, submitted by
the Secretary of the Treasury, it is believed will be ample for all neces-
sary purposes. If the appropriations made by Congress shall not exceed
the amount estimated, the means in the Treasury will be sufficient to
defray all the expenses of the Government, to pay off the next install-
ment of $3,000,000 to Mexico, which will fall due on the 30th of May
next, and still a considerable surplus will remain, which should be ap-
plied to the further purchase of the public stock and reduction of the
debt. Should enlarged appropriations be made, the necessary conse-
quence will be to postpone the payment of the debt. Though our debt,
as compared with that of most other nations, is small, it is our true policy,
and in harmony with the genius of our institutions, that we should pre-
sent to the world the rare spectacle of a great Republic, possessing vast
resources and wealth, wholly exempt from public indebtedness. This
would add still more to our strength, and give to us a still more com-
manding position among the nations of the earth.
The public expenditures should be economical, and be confined to such
necessary objects as are clearly within the powers of Congress. All
such as are not absolutely demanded should be postponed, and the pay-
ment of the public debt at the earliest practicable period should be a
cardinal principle of our public policy.
For the reason assigned in my last annual message, I repeat the rec-
ommendation that a branch of the Mint of the United States be estab-
lished at the city of New York. The importance of this measure is
greatly increased by the acquisition of the rich mines of the precious
metals in New Mexico and California, and especially in the latter.
I repeat the recommendation heretofore made in favor of the gradua-
tion and reduction of the price of such of the public lands as have been
long offered in the market and have remained unsold, and in favor of
extending the rights of preemption to actual settlers on the unsurveyed
as well as the surveyed lands.
The condition and operations of the Army and the state of other
branches of the public service under the supervision of the War Depart-
ment are satisfactorily presented in the accompanying report of the Sec-
retary of War.
On the return of peace our forces were withdrawn from Mexico, and
the volunteers and that portion of the Regular Army engaged for the
war were disbanded. Orders have been issued for stationing the forces
of our permanent establishment at various positions in our extended
country where troops may be required. Owing to the remoteness of some
A
James K. Polk
2501
of these positions, the detachments have not yet reached their destina-
tion. Notwithstanding the extension of the limits of our country and
the forces required in the new territories, it is confidently believed that
our present military establishment is sufficient for all exigencies so long
as our peaceful relations remain undisturbed.
Of the amount of military contributions collected in Mexico, the sum
of $769,650 was applied toward the payment of the first installment due
under the treaty with Mexico. The further sum of $346,369.30 has
been paid into the Treasury, and unexpended balances still remain in
the hands of disbursing officers and those who were engaged in the col-
lection of these moneys. After the proclamation of peace no further
disbursements were made of any unexpended moneys arising from this
The balances on hand were directed to be paid into the Treas-
ury, and individual claims on the fund will remain unadjusted until Con-
gress shall authorize their settlement and payment. These claims are
not considerable in number or amount.
source.
I recommend to your favorable consideration the suggestions of the
Secretary of War and the Secretary of the Navy in regard to legislation
on this subject.
Our Indian relations are presented in a most favorable view in the
report from the War Department. The wisdom of our policy in regard
to the tribes within our limits is clearly manifested by their improved
and rapidly improving condition.
A most important treaty with the Menomonies has been recently
negotiated by the Commissioner of Indian Affairs in person, by which
all their land in the State of Wisconsin-being about 4,000,000 acres―
has been ceded to the United States. This treaty will be submitted to
the Senate for ratification at an early period of your present session.
Within the last four years eight important treaties have been nego-
tiated with different Indian tribes, and at a cost of $1,842,000; Indian
lands to the amount of more than 18,500,000 acres have been ceded
to the United States, and provision has been made for settling in the
country west of the Mississippi the tribes which occupied this large
extent of the public domain. The title to all the Indian lands within
the several States of our Union, with the exception of a few small res-
ervations, is now extinguished, and a vast region opened for settlement
and cultivation.
The accompanying report of the Secretary of the Navy gives a sat-
isfactory exhibit of the operations and condition of that branch of the
public service.
A number of small vessels, suitable for entering the mouths of rivers,
were judiciously purchased during the war, and gave great efficiency to
the squadron in the Gulf of Mexico. On the return of peace, when no
longer valuable for naval purposes, and liable to constant deterioration,
they were sold and the money placed in the Treasury.
2502
Messages and Papers of the Presidents
The number of men in the naval service authorized by law during the
war has been reduced by discharges below the maximum fixed for the
peace establishment. Adequate squadrons are maintained in the several
quarters of the globe where experience has shown their services may be
most usefully employed, and the naval service was never in a condition
of higher discipline or greater efficiency.
I invite attention to the recommendation of the Secretary of the Navy
on the subject of the Marine Corps. The reduction of the Corps at the
end of the war required that four officers of each of the three lower
grades should be dropped from the rolls. A board of officers made the
selection, and those uesignated were necessarily dismissed, but without
any alleged fault. I concur in opinion with the Secretary that the
service would be improved by reducing the number of landsmen and
increasing the marines. Such a measure would justify an increase of
the number of officers to the extent of the reduction by dismissal, and
still the Corps would have fewer officers than a corresponding number of
men in the Army.
The contracts for the transportation of the mail in steamships, con-
vertible into war steamers, promise to realize all the benefits to our com-
merce and to the Navy which were anticipated. The first steamer thus
secured to the Government was launched in January, 1847. There are
now seven, and in another year there will probably be not less than
seventeen afloat. While this great national advantage is secured, our
social and commercial intercourse is increased and promoted with Ger-
many, Great Britain, and other parts of Europe, with all the countries
on the west coast of our continent, especially with Oregon and California,
and between the northern and southern sections of the United States.
Considerable revenue may be expected from postages, but the connected
line from New York to Chagres, and thence across the Isthmus to Ore-
gon, can not fail to exert a beneficial influence, not now to be estimated,
on the interests of the manufactures, commerce, navigation, and currency
of the United States. As an important part of the system, I recommend
to your favorable consideration the establishment of the proposed line of
steamers between New Orleans and Vera Cruz. It promises the most
happy results in cementing friendship between the two Republics and
extending reciprocal benefits to the trade and manufactures of both.
The report of the Postmaster-General will make known to you the
operations of that Department for the past year.
It is gratifying to find the revenues of the Department, under the rates
of postage now established by law, so rapidly increasing. The gross
amount of postages during the last fiscal year amounted to $4,371,077,
exceeding the annual average received for the nine years immediately
preceding the passage of the act of the 3d of March, 1845, by the sum of
$6,453, and exceeding the amount received for the year ending the 30th
of June, 1847, by the sum of $425, 184.
James K. Polk
2503
The expenditures for the year, excluding the sum of $94,672, allowed
by Congress at its last session to individual claimants, and including the
sum of $100,500, paid for the services of the line of steamers between
Bremen and New York, amounted to $4,198,845, which is less than
the annual average for the nine years previous to the act of 1845 by
$300,748.
The mail routes on the 30th day of June last were 163,208 miles in
extent, being an increase during the last year of 9,390 miles. The mails
were transported over them during the same time 41,012,579 miles,
making an increase of transportation for the year of 2,124,680 miles,
whilst the expense was less than that of the previous year by $4,235.
The increase in the mail transportation within the last three years
has been 5,378,310 miles, whilst the expenses were reduced $456,738,
making an increase of service at the rate of 15 per cent and a reduction
in the expenses of more than 15 per cent.
During the past year there have been employed, under contracts with
the Post-Office Department, two ocean steamers in conveying the mails
monthly between New York and Bremen, and one, since October last, per-
forming semimonthly service between Charleston and Havana; and a
contract has been made for the transportation of the Pacific mails across
the Isthmus from Chagres to Panama.
Under the authority given to the Secretary of the Navy, three ocean
steamers have been constructed and sent to the Pacific, and are expected
to enter upon the mail service between Panama and Oregon and the
intermediate ports on the 1st of January next; and a fourth has been
engaged by him for the service between Havana and Chagres, so that a
regular monthly mail line will be kept up after that time between the
United States and our territories on the Pacific.
Notwithstanding this great increase in the mail service, should the
revenue continue to increase the present year as it did in the last, there
will be received near $450,000 more than the expenditures.
These considerations have satisfied the Postmaster-General that, with
certain modifications of the act of 1845, the revenue may be still further
increased and a reduction of postages made to a uniform rate of 5 cents,
without an interference with the principle, which has been constantly
and properly enforced, of making that Department sustain itself.
A well-digested cheap-postage system is the best means of diffusing
intelligence among the people, and is of so much importance in a coun-
try so extensive as that of the United States that I recommend to your
favorable consideration the suggestions of the Postmaster-General for its
improvement.
Nothing can retard the onward progress of our country and prevent
us from assuming and maintaining the first rank among nations but a
disregard of the experience of the past and a recurrence to an unwise
public policy. We have just closed a foreign war by an honorable peace-
a war rendered necessary and unavoidable in vindication of the national
2504
Messages and Papers of the Presidents
rights and honor. The present condition of the country is similar in
some respects to that which existed immediately after the close of the
war with Great Britain in 1815, and the occasion is deemed to be a proper
one to take a retrospect of the measures of public policy which followed
that war.
There was at that period of our history a departure from our
earlier policy. The enlargement of the powers of the Federal Govern-
ment by construction, which obtained, was not warranted by any just
interpretation of the Constitution. A few years after the close of that
war a series of measures was adopted which, united and combined, con-
stituted what was termed by their authors and advocates the "American
system."
The introduction of the new policy was for a time favored by the
condition of the country, by the heavy debt which had been contracted
during the war, by the depression of the public credit, by the deranged
state of the finances and the currency, and by the commercial and pecun-
iary embarrassment which extensively prevailed. These were not the
only causes which led to its establishment. The events of the war with
Great Britain and the embarrassments which had attended its prosecu-
tion had left on the minds of many of our statesmen the impression that
our Government was not strong enough, and that to wield its resources
successfully in great emergencies, and especially in war, more power
should be concentrated in its hands. This increased power they did not
seek to obtain by the legitimate and prescribed mode-an amendment of
the Constitution-but by construction. They saw Governments in the
Old World based upon different orders of society, and so constituted as
to throw the whole power of nations into the hands of a few, who taxed
and controlled the many without responsibility or restraint. In that
arrangement they conceived the strength of nations in war consisted.
There was also something fascinating in the ease, luxury, and display of
the higher orders, who drew their wealth from the toil of the laboring
millions. The authors of the system drew their ideas of political econ-
omy from what they had witnessed in Europe, and particularly in Great
Britain. They had viewed the enormous wealth concentrated in few
hands and had seen the splendor of the overgrown establishments of an
aristocracy which was upheld by the restrictive policy. They forgot to
look down upon the poorer classes of the English population, upon whose
daily and yearly labor the great establishments they so much admired
were sustained and supported. They failed to perceive that the scantily
fed and half-clad operatives were not only in abject poverty, but were
bound in chains of oppressive servitude for the benefit of favored classes,
who were the exclusive objects of the care of the Government.
It was not possible to reconstruct society in the United States upon the
European plan. Here there was a written Constitution, by which orders
and titles were not recognized or tolerated. A system of measures was
therefore divised, calculated, if not intended, to withdraw power gradu-
James K. Polk
2505
ally and silently from the States and the mass of the people, and by
construction to approximate our Government to the European models,
substituting an aristocracy of wealth for that of orders and titles.
Without reflecting upon the dissimilarity of our institutions and of
the condition of our people and those of Europe, they conceived the vain
idea of building up in the United States a system similar to that which
they admired abroad. Great Britain had a national bank of large capi-
tal, in whose hands was concentrated the controlling monetary and finan-
cial power of the nation-an institution wielding almost kingly power,
and exerting vast influence upon all the operations of trade and upon the
policy of the Government itself. Great Britain had an enormous public
debt, and it had become a part of her public policy to regard this as a
"public blessing." Great Britain had also a restrictive policy, which
placed fetters and burdens on trade and trammeled the productive indus-
try of the mass of the nation. By her combined system of policy the
landlords and other property holders were protected and enriched by
the enormous taxes which were levied upon the labor of the country
for their advantage. Imitating this foreign policy, the first step in
establishing the new system in the United States was the creation of a
national bank. Not foreseeing the dangerous power and countless evils
which such an institution might entail on the country, nor perceiving
the connection which it was designed to form between the bank and
the other branches of the miscalled "American system," but feeling the
embarrassments of the Treasury and of the business of the country con-
sequent upon the war, some of our statesmen who had held different and
sounder views were induced to yield their scruples and, indeed, settled
convictions of its unconstitutionality, and to give it their sanction as an
expedient which they vainly hoped might produce relief. It was a most
unfortunate error, as the subsequent history and final catastrophe of that
dangerous and corrupt institution have abundantly proved. The bank,
with its numerous branches ramified into the States, soon brought many
of the active political and commercial men in different sections of the
country into the relation of debtors to it and dependents upon it for
pecuniary favors, thus diffusing throughout the mass of society a great
number of individuals of power and influence to give tone to public
opinion and to act in concert in cases of emergency. The corrupt power
of such a political engine is no longer a matter of speculation, having
been displayed in numerous instances, but most signally in the political
struggles of 1832, 1833, and 1834 in opposition to the public will repre-
sented by a fearless and patriotic President.
But the bank was but one branch of the new system. A public debt
of more than $120,000,000 existed, and it is not to be disguised that
many of the authors of the new system did not regard its speedy payment
as essential to the public prosperity, but looked upon its continuance as
no national evil. Whilst the debt existed it furnished aliment to the
81
2506
Messages and Papers of the Presidents
national bank and rendered increased taxation necessary to the amount
of the interest, exceeding $7,000,000 annually.
This operated in harmony with the next branch of the new system,
which was a high protective tariff. This was to afford bounties to
favored classes and particular pursuits at the expense of all others. A
proposition to tax the whole people for the purpose of enriching a few
was too monstrous to be openly made. The scheme was therefore veiled
under the plausible but delusive pretext of a measure to protect "home
industry," and many of our people were for a time led to believe that a
tax which in the main fell upon labor was for the benefit of the laborer
who paid it. This branch of the system involved a partnership between
the Government and the favored classes, the former receiving the pro-
ceeds of the tax imposed on articles imported and the latter the in-
creased price of similar articles produced at home, caused by such tax.
It is obvious that the portion to be received by the favored classes would,
as a general rule, be increased in proportion to the increase of the rates of
tax imposed and diminished as those rates were reduced to the revenue
standard required by the wants of the Government. The rates required
to produce a sufficient revenue for the ordinary expenditures of Gov-
ernment for necessary purposes were not likely to give to the private
partners in this scheme profits sufficient to satisfy their cupidity, and
hence a variety of expedients and pretexts were resorted to for the pur-
pose of enlarging the expenditures and thereby creating a necessity for
keeping up a high protective tariff. The effect of this policy was to in-
terpose artificial restrictions upon the natural course of the business
and trade of the country, and to advance the interests of large capital-
ists and monopolists at the expense of the great mass of the people, who
were taxed to increase their wealth.
Another branch of this system was a comprehensive scheme of inter-
nal improvements, capable of indefinite enlargement and sufficient to
swallow up as many millions annually as could be exacted from the for-
eign commerce of the country. This was a convenient and necessary
adjunct of the protective tariff. It was to be the great absorbent of any
surplus which might at any time accumulate in the Treasury and of the
taxes levied on the people, not for necessary revenue purposes, but for
the avowed object of affording protection to the favored classes.
Auxiliary to the same end, if it was not an essential part of the system
itself, was the scheme, which at a later period obtained, for distributing
the proceeds of the sales of the public lands among the States. Other
expedients were devised to take money out of the Treasury and prevent
its coming in from any other source than the protective tariff. The
authors and supporters of the system were the advocates of the largest
expenditures, whether for necessary or useful purposes or not, because
the larger the expenditures the greater was the pretext for high taxes
in the form of protective duties.
James K. Polk
2507
These several measures were sustained by popular names and plausi-
ble arguments, by which thousands were deluded. The bank was rep-
resented to be an indispensable fiscal agent for the Government; was
to equalize exchanges and to regulate and furnish a sound currency,
always and everywhere of uniform value. The protective tariff was
to give employment to "American labor" at advanced prices; was to
protect "home industry" and furnish a steady market for the farmer.
Internal improvements were to bring trade into every neighborhood
and enhance the value of every man's property. The distribution of
the land money was to enrich the States, finish their public works, plant
schools throughout their borders, and relieve them from taxation. But
the fact that for every dollar taken out of the Treasury for these objects
a much larger sum was transferred from the pockets of the people to
the favored classes was carefully concealed, as was also the tendency,
if not the ultimate design, of the system to build up an aristocracy of
wealth, to control the masses of society, and monopolize the political
power of the country.
The several branches of this system were so intimately blended to-
gether that in their operation each sustained and strengthened the others.
Their joint operation was to add new burthens of taxation and to en-
courage a largely increased and wasteful expenditure of public money.
It was the interest of the bank that the revenue collected and the dis-
bursements made by the Government should be large, because, being the
depository of the public money, the larger the amount the greater would
be the bank profits by its use. It was the interest of the favored classes,
who were enriched by the protective tariff, to have the rates of that pro-
tection as high as possible, for the higher those rates the greater would
be their advantage. It was the interest of the people of all those sec-
tions and localities who expected to be benefited by expenditures for
internal improvements that the amount collected should be as large as
possible, to the end that the sum disbursed might also be the larger.
The States, being the beneficiaries in the distribution of the land money,
had an interest in having the rates of tax imposed by the protective tariff
large enough to yield a sufficient revenue from that source to meet
the wants of the Government without disturbing or taking from them the
land fund; so that each of the branches constituting the system had a com-
mon interest in swelling the public expenditures. They had a direct
interest in maintaining the public debt unpaid and increasing its amount,
because this would produce an annual increased drain upon the Treas
ury to the amount of the interest and render augmented taxes necessary.
The operation and necessary effect of the whole system were to encourage
large and extravagant expenditures, and thereby to increase the public
patronage, and maintain a rich and splendid government at the expense
of a taxed and impoverished people.
It is manifest that this scheme of enlarged taxation and expenditures,
1
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Messages and Papers of the Presidents
had it continued to prevail, must soon have converted the Government of
the Union, intended by its framers to be a plain, cheap, and simple con-
federation of States, united together for common protection and charged
with a few specific duties, relating chiefly to our foreign affairs, into a
consolidated empire, depriving the States of their reserved rights and
the people of their just power and control in the administration of their
Government. In this manner the whole form and character of the Gov-
ernment would be changed, not by an amendment of the Constitution,
but by resorting to an unwarrantable and unauthorized construction of
that instrument.
The indirect mode of levying the taxes by a duty on imports pre-
vents the mass of the people from readily perceiving the amount they
pay, and has enabled the few who are thus enriched, and who seek to
wield the political power of the country, to deceive and delude them.
Were the taxes collected by a direct levy upon the people, as is the case
in the States, this could not occur.
The whole system was resisted from its inception by many of our
ablest statesmen, some of whom doubted its constitutionality and its
expediency, while others believed it was in all its branches a flagrant
and dangerous infraction of the Constitution.
That a national bank, a protective tariff-levied not to raise the reve-
nue needed, but for protection merely-internal improvements, and the
distribution of the proceeds of the sale of the public lands are measures
without the warrant of the Constitution would, upon the maturest con-
sideration, seem to be clear. It is remarkable that no one of these
measures, involving such momentous consequences, is authorized by any
express grant of power in the Constitution. No one of them is "inci-
dent to, as being necessary and proper for the execution of, the specific
powers" granted by the Constitution. The authority under which it
has been attempted to justify each of them is derived from inferences
and constructions of the Constitution which its letter and its whole
object and design do not warrant. Is it to be conceived that such im-
mense powers would have been left by the framers of the Constitution
to mere inferences and doubtful constructions? Had it been intended
to confer them on the Federal Government, it is but reasonable to con-
clude that it would have been done by plain and unequivocal grants.
This was not done; but the whole structure of which the "American
system" consisted was reared on no other or better foundation than
forced implications and inferences of power, which its authors assumed
might be deduced by construction from the Constitution.
But it has been urged that the national bank, which constituted so
essential a branch of this combined system of measures, was not a new
measure, and that its constitutionality had been previously sanctioned,
because a bank had been chartered in 1791 and had received the official
signature of President Washington. A few facts will show the just
James K. Polk
2509
weight to which this precedent should be entitled as bearing upon the
question of constitutionality.
Great division of opinion upon the subject existed in Congress. It is
well known that President Washington entertained serious doubts both
as to the constitutionality and expediency of the measure, and while the
bill was before him for his official approval or disapproval so great were
these doubts that he required "the opinion in writing" of the members
of his Cabinet to aid him in arriving at a decision. His Cabinet gave their
opinions and were divided upon the subject, General Hamilton being in
favor of and Mr. Jefferson and Mr. Randolph being opposed to the con-
stitutionality and expediency of the bank. It is well known also that
President Washington retained the bill from Monday, the 14th, when
it was presented to him, until Friday, the 25th of February, being the
last moment permitted him by the Constitution to deliberate, when he
finally yielded to it his reluctant assent and gave it his signature. It is
certain that as late as the 23d of February, being the ninth day after
the bill was presented to him, he had arrived at no satisfactory conclu-
sion, for on that day he addressed a note to General Hamilton in which
he informs him that "this bill was presented to me by the joint com-
mittee of Congress at 12 o'clock on Monday, the 14th instant,” and he
requested his opinion "to what precise period, by legal interpretation
of the Constitution, can the President retain it in his possession before it
becomes a law by the lapse of ten days." If the proper construction
was that the day on which the bill was presented to the President and
the day on which his action was had upon it were both to be counted
inclusive, then the time allowed him within which it would be com-
petent for him to return it to the House in which it originated with his
objections would expire on Thursday, the 24th of February. General
Hamilton on the same day returned an answer, in which he states:
I give it as my opinion that you have ten days exclusive of that on which the bill
was delivered to you and Sundays; hence, in the present case if it is returned on
Friday it will be in time.
By this construction, which the President adopted, he gained another
day for deliberation, and it was not until the 25th of February that he
signed the bill, thus affording conclusive proof that he had at last ob-
tained his own consent to sign it not without great and almost insupera-
ble difficulty. Additional light has been recently shed upon the serious
doubts which he had on the subject, amounting at one time to a convic-
tion that it was his duty to withhold his approval from the bill. This
is found among the manuscript papers of Mr. Madison, authorized to be
purchased for the use of the Government by an act of the last session
of Congress, and now for the first time accessible to the public. From
these papers it appears that President Washington, while he yet held the
bank bill in his hands, actually requested Mr. Madison, at that time a
member of the House of Representatives, to prepare the draft of a veto
2510
Messages and Papers of the Presidents
message for him. Mr. Madison, at his request, did prepare the draft
of such a message, and sent it to him on the 21st of February, 1791.
A copy of this original draft, in Mr. Madison's own handwriting, was
carefully preserved by him, and is among the papers lately purchased
by Congress. It is preceded by a note, written on the same sheet, which
is also in Mr. Madison's handwriting, and is as follows:
February 21, 1791.—Copy of a paper made out and sent to the President, at his
request, to be ready in case his judgment should finally decide against the bill for
incorporating a national bank, the bill being then before him.
Among the objections assigned in this paper to the bill, and which
were submitted for the consideration of the President, are the following:
I object to the bill, because it is an essential principle of the Government that
powers not delegated by the Constitution can not be rightfully exercised; because
the power proposed by the bill to be exercised is not expressly delegated, and
because I can not satisfy myself that it results from any express power by fair and
safe rules of interpretation.
The weight of the precedent of the bank of 1791 and the sanction of
the great name of Washington, which has been so often invoked in its
support, are greatly weakened by the development of these facts.
The experiment of that bank satisfied the country that it ought not to
be continued, and at the end of twenty years Congress refused to recharter
it. It would have been fortunate for the country, and saved thousands
from bankruptcy and ruin, had our public men of 1816 resisted the tem-
porary pressure of the times upon our financial and pecuniary interests
and refused to charter the second bank. Of this the country became
abundantly satisfied, and at the close of its twenty years' duration, as
in the case of the first bank, it also ceased to exist. Under the repeated
blows of President Jackson it reeled and fell, and a subsequent attempt
to charter a similar institution was arrested by the veto of President
Tyler.
Mr. Madison, in yielding his signature to the charter of 1816, did so
upon the ground of the respect due to precedents; and, as he subsequently
declared-
The Bank of the United States, though on the original question held to be uncon-
stitutional, received the Executive signature.
It is probable that neither the bank of 1791 nor that of 1816 would
have been chartered but for the embarrassments of the Government in
its finances, the derangement of the currency, and the pecuniary pres-
sure which existed, the first the consequence of the War of the Revo-
lution and the second the consequence of the War of 1812.
Both were
resorted to in the delusive hope that they would restore public credit
and afford relief to the Government and to the business of the country.
Those of our public men who opposed the whole "American sys-
tem at its commencement and throughout its progress foresaw and pre-
dicted that it was fraught with incalculable mischiefs and must result in
James K. Polk
2511
serious injury to the best interests of the country. For a series of years
their wise counsels were unheeded, and the system was established. It
was soon apparent that its practical operation was unequal and unjust
upon different portions of the country and upon the people engaged
in different pursuits. All were equally entitled to the favor and protec-
tion of the Government. It fostered and elevated the money power and
enriched the favored few by taxing labor, and at the expense of the
many. Its effect was to "make the rich richer and the poor poorer."
Its tendency was to create distinctions in society based on wealth and
to give to the favored classes undue control and sway in our Govern-
ment. It was an organized money power, which resisted the popular
will and sought to shape and control the public policy.
Under the pernicious workings of this combined system of measures
the country witnessed alternate seasons of temporary apparent prosper-
ity, of sudden and disastrous commercial revulsions, of unprecedented
fluctuation of prices and depression of the great interests of agriculture,
navigation, and commerce, of general pecuniary suffering, and of final
bankruptcy of thousands. After a severe struggle of more than a quarter
of a century, the system was overthrown.
The bank has been succeeded by a practical system of finance, con-
ducted and controlled solely by the Government. The constitutional
currency has been restored, the public credit maintained unimpaired even
in a period of a foreign war, and the whole country has become satisfied
that banks, national or State, are not necessary as fiscal agents of the
Government. Revenue duties have taken the place of the protective
tariff. The distribution of the money derived from the sale of the public
lands has been abandoned and the corrupting system of internal improve
ments, it is hoped, has been effectually checked.
It is not doubted that if this whole train of measures, designed to take
wealth from the many and bestow it upon the few, were to prevail the
effect would be to change the entire character of the Government. One
only danger remains. It is the seductions of that branch of the system
which consists in internal improvements, holding out, as it does, induce-
ments to the people of particular sections and localities to embark the
Government in them without stopping to calculate the inevitable con-
sequences. This branch of the system is so intimately combined and
linked with the others that as surely as an effect is produced by an
adequate cause, if it be resuscitated and revived and firmly established
it requires no sagacity to foresee that it will necessarily and speedily
draw after it the reestablishment of a national bank, the revival of a pro-
tective tariff, the distribution of the land money, and not only the post-
ponement to the distant future of the payment of the present national
debt, but its annual increase.
I entertain the solemn conviction that if the internal-improvement
branch of the "American system" be not firmly resisted at this time the
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Messages and Papers of the Presidents
whole series of measures composing it will be speedily reestablished and
the country be thrown back from its present high state of prosperity,
which the existing policy has produced, and be destined again to witness
all the evils, commercial revulsions, depression of prices, and pecuniary
embarrassments through which we have passed during the last twenty-
five years.
To guard against consequences so ruinous is an object of high national
importance, involving, in my judgment, the continued prosperity of the
country.
I have felt it to be an imperative obligation to withhold my constitu-
tional sanction from two bills which had passed the two Houses of Con-
gress, involving the principle of the internal-improvement branch of the
"American system" and conflicting in their provisions with the views
here expressed.
This power, conferred upon the President by the Constitution, I have
on three occasions during my administration of the executive department
of the Government deemed it my duty to exercise, and on this last occa-
sion of making to Congress an annual communication "of the state of
the Union" it is not deemed inappropriate to review the principles and
considerations which have governed my action. I deem this the more
necessary because, after the lapse of nearly sixty years since the adoption
of the Constitution, the propriety of the exercise of this undoubted con-
stitutional power by the President has for the first time been drawn seri.
ously in question by a portion of my fellow-citizens.
The Constitution provides that—
Every bill which shall have passed the House of Representatives and the Senate
shall, before it become a law, be presented to the President of the United States. If
he approve he shall sign it, but if not he shall return it with his objections to that
House in which it shall have originated, who shall enter the objections at large on
their Journal and proceed to reconsider it.
The preservation of the Constitution from infraction is the President's
highest duty. He is bound to discharge that duty at whatever hazard
of incurring the displeasure of those who may differ with him in opinion.
He is bound to discharge it as well by his obligations to the people who
have clothed him with his exalted trust as by his oath of office, which
he may not disregard. Nor are the obligations of the President in any
degree lessened by the prevalence of views different from his own in one
or both Houses of Congress. It is not alone hasty and inconsiderate
legislation that he is required to check; but if at any time Congress shall,
after apparently full deliberation, resolve on measures which he deems
subversive of the Constitution or of the vital interests of the country, it
is his solemn duty to stand in the breach and resist them. The Presi-
dent is bound to approve or disapprove every bill which passes Congress
and is presented to him for his signature. The Constitution makes this
his duty, and he can not escape it if he would. He has no election. In
James K. Polk
2513
deciding upon any bill presented to him he must exercise his own best
judgment. If he can not approve, the Constitution commands him to
return the bill to the House in which it originated with his objections,
and if he fail to do this within ten days (Sundays excepted) it shall
become a law without his signature. Right or wrong, he may be over-
ruled by a vote of two-thirds of each House, and in that event the bill
becomes a law without his sanction. If his objections be not thus over-
ruled, the subject is only postponed, and is referred to the States and the
people for their consideration and decision. The President's power is
negative merely, and not affirmative. He can enact no law. The only
effect, therefore, of his withholding his approval of a bill passed by Con-
gress is to suffer the existing laws to remain unchanged, and the delay
occasioned is only that required to enable the States and the people to
consider and act upon the subject in the election of public agents who
will carry out their wishes and instructions. Any attempt to coerce the
President to yield his sanction to measures which he can not approve
would be a violation of the spirit of the Constitution, palpable and
flagrant, and if successful would break down the independence of the
executive department and make the President, elected by the people and
clothed by the Constitution with power to defend their rights, the mere
instrument of a majority of Congress. A surrender on his part of the
powers with which the Constitution has invested his office would effect a
practical alteration of that instrument without resorting to the prescribed
process of amendment.
one-man
With the motives or considerations which may induce Congress to
pass any bill the President can have nothing to do. He must presume
them to be as pure as his own, and look only to the practical effect of
their measures when compared with the Constitution or the public good.
But it has been urged by those who object to the exercise of this un-
doubted constitutional power that it assails the representative principle
and the capacity of the people to govern themselves; that there is greater
safety in a numerous representative body than in the single Executive
created by the Constitution, and that the Executive veto is a
power," despotic in its character. To expose the fallacy of this objec-
tion it is only necessary to consider the frame and true character of our
system. Ours is not a consolidated empire, but a confederated union.
The States before the adoption of the Constitution were coordinate, co-
equal, and separate independent sovereignties, and by its adoption they
did not lose that character. They clothed the Federal Government with
certain powers and reserved all others, including their own sovereignty,
to themselves. They guarded their own rights as States and the rights
of the people by the very limitations which they incorporated into the
Federal Constitution, whereby the different departments of the General
Government were checks upon each other. That the majority should
govern is a general principle controverted by none, but they must govern
according to the Constitution, and not according to an undefined and
unrestrained discretion, whereby they may oppress the minority.
2514
Messages and Papers of the Presidents
The people of the United States are not blind to the fact that they
may be temporarily misled, and that their representatives, legislative
and executive, may be mistaken or influenced in their action by improper
motives. They have therefore interposed between themselves and the
laws which may be passed by their public agents various representa-
tions, such as assemblies, senates, and governors in their several States,
a House of Representatives, a Senate, and a President of the United
States. The people can by their own direct agency make no law, nor
can the House of Representatives, immediately elected by them, nor can
the Senate, nor can both together without the concurrence of the Presi-
dent or a vote of two-thirds of both Houses.
Happily for themselves, the people in framing our admirable system
of government were conscious of the infirmities of their representatives,
and in delegating to them the power of legislation they have fenced
them around with checks to guard against the effects of hasty action,
of error, of combination, and of possible corruption. Error, selfishness,
and faction have often sought to rend asunder this web of checks and
subject the Government to the control of fanatic and sinister influences,
but these efforts have only satisfied the people of the wisdom of the
checks which they have imposed and of the necessity of preserving them
unimpaired.
The true theory of our system is not to govern by the acts or decrees
of any one set of representatives. The Constitution interposes checks
upon all branches of the Government, in order to give time for error to
be corrected and delusion to pass away; but if the people settle down into
a firm conviction different from that of their representatives they give
effect to their opinions by changing their public servants. The checks
which the people imposed on their public servants in the adoption of the
Constitution are the best evidence of their capacity for self-government.
They know that the men whom they elect to public stations are of like
infirmities and passions with themselves, and not to be trusted without
being restricted by coordinate authorities and constitutional limitations.
Who that has witnessed the legislation of Congress for the last thirty
years will say that he knows of no instance in which measures not
demanded by the public good have been carried? Who will deny that
in the State governments, by combinations of individuals and sections, in
derogation of the general interest, banks have been chartered, systems
of internal improvements adopted, and debts entailed upon the people
repressing their growth and impairing their energies for years to come?
After so much experience it can not be said that absolute unchecked
power is safe in the hands of any one set of representatives, or that the
capacity of the people for self-government, which is admitted in its
broadest extent, is a conclusive argument to prove the prudence, wisdom,
and integrity of their representatives.
The people, by the Constitution, have commanded the President, as
James K. Polk
2515
much as they have commanded the legislative branch of the Government,
to execute their will. They have said to him in the Constitution, which
they require he shall take a solemn oath to support, that if Congress
pass any bill which he can not approve "he shall return it to the House
in which it originated with his objections." In withholding from it his
approval and signature he is executing the will of the people, constitu-
tionally expressed, as much as the Congress that passed it. No bill is
presumed to be in accordance with the popular will until it shall have
passed through all the branches of the Government required by the Con-
stitution to make it a law. A bill which passes the House of Represent-
atives may be rejected by the Senate, and so a bill passed by the Senate
may be rejected by the House. In each case the respective Houses exer-
cise the veto power on the other.
Congress, and each House of Congress, hold under the Constitution
a check upon the President, and he, by the power of the qualified veto, a
check upon Congress. When the President recommends measures to
Congress, he avows in the most solemn form his opinions, gives his
voice in their favor, and pledges himself in advance to approve them if
passed by Congress. If he acts without due consideration, or has been
influenced by improper or corrupt motives, or if from any other cause
Congress, or either House of Congress, shall differ with him in opinion,
they exercise their veto upon his recommendations and reject them; and
there is no appeal from their decision but to the people at the ballot
box. These are proper checks upon the Executive, wisely interposed by
the Constitution. None will be found to object to them or to wish them
removed. It is equally important that the constitutional checks of the
Executive upon the legislative branch should be preserved.
If it be said that the Representatives in the popular branch of Con-
gress are chosen directly by the people, it is answered, the people elect
the President. If both Houses represent the States and the people, so
does the President. The President represents in the executive depart-
ment the whole people of the United States, as each member of the legis-
lative department represents portions of them.
The doctrine of restriction upon legislative and executive power, while
a well-settled public opinion is enabled within a reasonable time to
accomplish its ends, has made our country what it is, and has opened
to us a career of glory and happiness to which all other nations have
been strangers.
In the exercise of the power of the veto the President is responsible
not only to an enlightened public opinion, but to the people of the whole
Union, who elected him, as the representatives in the legislative branches
who differ with him in opinion are responsible to the people of particular
States or districts, who compose their respective constituencies. To deny
to the President the exercise of this power would be to repeal that pro-
vision of the Constitution which confers it upon him. To charge that
2516
Messages and Papers of the Presidents
its exercise unduly controls the legislative will is to complain of the Con-
stitution itself.
If the Presidential veto be objected to upon the ground that it checks
and thwarts the popular will, upon the same principle the equality of
representation of the States in the Senate should be stricken out of the
Constitution. The vote of a Senator from Delaware has equal weight in
deciding upon the most important measures with the vote of a Senator
from New York, and yet the one represents a State containing, according
to the existing apportionment of Representatives in the House of Repre-
sentatives, but one thirty-fourth part of the population of the other. By
the constitutional composition of the Senate a majority of that body from
the smaller States represent less than one-fourth of the people of the
Union. There are thirty States, and under the existing apportionment
of Representatives there are 230 Members in the House of Representa-
tives. Sixteen of the smaller States are represented in that House by
but 50 Members, and yet the Senators from these States constitute a
majority of the Senate. So that the President may recommend a meas-
ure to Congress, and it may receive the sanction and approval of more
than three-fourths of the House of Representatives and of all the Sen-
ators from the large States, containing more than three-fourths of the
whole population of the United States, and yet the measure may be
defeated by the votes of the Senators from the smaller States. None, it
is presumed, can be found ready to change the organization of the Sen-
ate on this account, or to strike that body practically out of existence
by requiring that its action shall be conformed to the will of the more
numerous branch.
Upon the same principle that the veto of the President should be prac-
tically abolished the power of the Vice-President to give the casting vote
upon an equal division of the Senate should be abolished also. The
Vice-President exercises the veto power as effectually by rejecting a bill
by his casting vote as the President does by refusing to approve and
sign it. This power has been exercised by the Vice-President in a few
instances, the most important of which was the rejection of the bill to
recharter the Bank of the United States in 1811. It may happen that a
bill may be passed by a large majority of the House of Representatives,
and may be supported by the Senators from the larger States, and the
Vice-President may reject it by giving his vote with the Senators from
the smaller States; and yet none, it is presumed, are prepared to deny to
him the exercise of this power under the Constitution.
But it is, in point of fact, untrue that an act passed by Congress is con-
clusive evidence that it is an emanation of the popular will. A majority
of the whole number elected to each House of Congress constitutes a
quorum, and a majority of that quorum is competent to pass laws. It
might happen that a quorum of the House of Representatives, consist-
ing of a single member more than half of the whole number elected to
James K. Polk
2517
that House, might pass a bill by a majority of a single vote, and in that
case a fraction more than one-fourth of the people of the United States
would be represented by those who voted for it. It might happen that
the same bill might be passed by a majority of one of a quorum of the
Senate, composed of Senators from the fifteen smaller States and a single
Senator from a sixteenth State; and if the Senators voting for it hap-
pened to be from the eight of the smallest of these States, it would be
passed by the votes of Senators from States having but fourteen Repre-
sentatives in the House of Representatives, and containing less than one-
sixteenth of the whole population of the United States. This extreme
case is stated to illustrate the fact that the mere passage of a bill by
Congress is no conclusive evidence that those who passed it represent
the majority of the people of the United States or truly reflect their will.
If such an extreme case is not likely to happen, cases that approximate
it are of constant occurrence. It is believed that not a single law has
been passed since the adoption of the Constitution upon which all the
members elected to both Houses have been present and voted. Many of
the most important acts which have passed Congress have been carried
by a close vote in thin Houses. Many instances of this might be given.
Indeed, our experience proves that many of the most important acts of
Congress are postponed to the last days, and often the last hours, of a
session, when they are disposed of in haste, and by Houses but little
exceeding the number necessary to form a quorum.
Besides, in most of the States the members of the House of Representa-
tives are chosen by pluralities, and not by majorities of all the voters in
their respective districts, and it may happen that a majority of that House
may be returned by a less aggregate vote of the people than that received
by the minority.
If the principle insisted on be sound, then the Constitution should be so
changed that no bill shall become a law unless it is voted for by members
representing in each House a majority of the whole people of the United
States. We must remodel our whole system, strike down and abolish not
only the salutary checks lodged in the executive branch, but must strike
out and abolish those lodged in the Senate also, and thus practically invest
the whole power of the Government in a majority of a single assembly-
a majority uncontrolled and absolute, and which may become despotic.
To conform to this doctrine of the right of majorities to rule, independent
of the checks and limitations of the Constitution, we must revolutionize
our whole system; we must destroy the constitutional compact by which
the several States agreed to form a Federal Union and rush into consoli-
dation, which must end in monarchy or despotism. No one advocates
such a proposition, and yet the doctrine maintained, if carried out, must
lead to this result.
One great object of the Constitution in conferring upon the President a
qualified negative upon the legislation of Congress was to protect minori-
ties from injustice and oppression by majorities. The equality of their
representation in the Senate and the veto power of the President are the
2518
Messages and Papers of the Presidents
constitutional guaranties which the smaller States have that their rights
will be respected. Without these guaranties all their interests would be
at the mercy of majorities in Congress representing the larger States. To
the smaller and weaker States, therefore, the preservation of this power
and its exercise upon proper occasions demanding it is of vital impor-
tance. They ratified the Constitution and entered into the Union, secur-
ing to themselves an equal representation with the larger States in the
Senate; and they agreed to be bound by all laws passed by Congress
upon the express condition, and none other, that they should be approved
by the President or passed, his objections to the contrary notwithstand-
ing, by a vote of two-thirds of both Houses. Upon this condition they
have a right to insist as a part of the compact to which they gave their
assent.
A bill might be passed by Congress against the will of the whole peo-
ple of a particular State and against the votes of its Senators and all its
Representatives. However prejudicial it might be to the interests of
such State, it would be bound by it if the President shall approve it or it
shall be passed by a vote of two-thirds of both Houses; but it has a right
to demand that the President shall exercise his constitutional power and
arrest it if his judgment is against it. If he surrender this power, or
fail to exercise it in a case where he can not approve, it would make his
formal approval a mere mockery, and would be itself a violation of the
Constitution, and the dissenting State would become bound by a law.
which had not been passed according to the sanctions of the Constitution.
The objection to the exercise of the veto power is founded upon an
idea respecting the popular will, which, if carried out, would annihilate
State sovereignty and substitute for the present Federal Government a
consolidation directed by a supposed numerical majority. A revolution
of the Government would be silently effected and the States would be
subjected to laws to which they had never given their constitutional
consent.
The Supreme Court of the United States is invested with the power to
declare, and has declared, acts of Congress passed with the concurrence
of the Senate, the House of Representatives, and the approval of the
President to be unconstitutional and void, and yet none, it is presumed,
can be found who will be disposed to strip this highest judicial tribunal
under the Constitution of this acknowledged power-a power necessary
alike to its independence and the rights of individuals.
For the same reason that the Executive veto should, according to the
doctrine maintained, be rendered nugatory, and be practically expunged
from the Constitution, this power of the court should also be rendered
nugatory and be expunged, because it restrains the legislative and Exec-
utive will, and because the exercise of such a power by the court may be
regarded as being in conflict with the capacity of the people to govern
themselves. Indeed, there is more reason for striking this power of the
James K. Polk
2519
court from the Constitution than there is that of the qualified veto of
the President, because the decision of the court is final, and can never be
reversed even though both Houses of Congress and the President should
be unanimous in opposition to it, whereas the veto of the President may
be overruled by a vote of two-thirds of both Houses of Congress or by
the people at the polls.
It is obvious that to preserve the system established by the Constitu-
tion each of the coordinate branches of the Government-the executive,
legislative, and judicial-must be left in the exercise of its appropriate.
powers. If the executive or the judicial branch be deprived of powers
conferred upon either as checks on the legislative, the preponderance
of the latter will become disproportionate and absorbing and the others
impotent for the accomplishment of the great objects for which they
were established. Organized, as they are, by the Constitution, they work
together harmoniously for the public good. If the Executive and the
judiciary shall be deprived of the constitutional powers invested in them,
and of their due proportions, the equilibrium of the system must be de-
stroyed, and consolidation, with the most pernicious results, must ensue—
a consolidation of unchecked, despotic power, exercised by majorities of
the legislative branch.
The executive, legislative, and judicial each constitutes a separate
coordinate department of the Government, and each is independent of
the others. In the performance of their respective duties under the Con-
stitution neither can in its legitimate action control the others. They
each act upon their several responsibilities in their respective spheres.
But if the doctrines now maintained be correct, the executive must
become practically subordinate to the legislative, and the judiciary must
become subordinate to both the legislative and the executive; and thus
the whole power of the Government would be merged in a single depart-
ment. Whenever, if ever, this shall occur, our glorious system of well-
regulated self-government will crumble into ruins, to be succeeded, first
by anarchy, and finally by monarchy or despotism. I am far from be-
lieving that this doctrine is the sentiment of the American people; and
during the short period which remains in which it will be my duty to
administer the executive department it will be my aim to maintain its
independence and discharge its duties without infringing upon the pow-
ers or duties of either of the other departments of the Government.
The power of the Executive veto was exercised by the first and most
illustrious of my predecessors and by four of his successors who pre-
ceded me in the administration of the Government, and it is believed in
no instance prejudicially to the public interests. It has never been and
there is but little danger that it ever can be abused. No President will
ever desire unnecessarily to place his opinion in opposition to that of
Congress. He must always exercise the power reluctantly, and only in
cases where his convictions make it a matter of stern duty, which he can
2520
Messages and Papers of the Presidents
not escape. Indeed, there is more danger that the President, from the
repugnance he must always feel to come in collision with Congress, may
fail to exercise it in cases where the preservation of the Constitution
from infraction, or the public good, may demand it than that he will
ever exercise it unnecessarily or wantonly.
During the period I have administered the executive department of
the Government great and important questions of public policy, foreign
and domestic, have arisen, upon which it was my duty to act.
It may,
indeed, be truly said that my Administration has fallen upon eventful
times. I have felt most sensibly the weight of the high responsibilities
devolved upon me. With no other object than the public good, the
enduring fame, and permanent prosperity of my country, I have pursued
the convictions of my own best judgment. The impartial arbitrament of
enlightened public opinion, present and future, will determine how far
the public policy I have maintained and the measures I have from time
to time recommended may have tended to advance or retard the public
prosperity at home and to elevate or depress the estimate of our national
character abroad.
Invoking the blessings of the Almighty upon your deliberations at
your present important session, my ardent hope is that in a spirit of
harmony and concord you may be guided to wise results, and such as
may redound to the happiness, the honor, and the glory of our beloved
country.
JAMES K. POLK.
SPECIAL MESSAGES.
To the Senate of the United States:
WASHINGTON, December 12, 1848.
I nominate Second Lieutenant Ulysses S. Grant (since promoted first
lieutenant), of the Fourth Regiment of Infantry, to be first lieutenant by
brevet for gallant and meritorious services in the battle of Chapultepec,
September 13, 1847, as proposed in the accompanying communication
from the Secretary of War.
JAMES K. POLK.
WAR DEPARTMENT, December 11, 1848.
The PRESIDENT OF THE UNITED STATES.
SIR: The brevet of captain conferred on Second Lieutenant Ulysses S. Grant
(since promoted first lieutenant), of the Fourth Regiment of Infantry, and con-
firmed by the Senate on the 13th of July, 1848, "for gallant and meritorious conduct
in the battle of Chapultepec, September 13, 1847," being the result of a misappre-
hension as to the grade held by that officer on the 13th of September, 1847 (he being
then a second lieutenant), I have to propose that the brevet of captain be canceled
James K. Polk
2521
and that the brevet of first lieutenant “for gallant and meritorious services in the
battle of Chapultepec, September 13, 1847," be conferred in lieu thereof.
I am, sir, with great respect, your obedient servant,
W. L. MARCY.
To the Senate of the United States:
WASHINGTON, December 12, 1848.
I transmit herewith, for the consideration and advice of the Senate
with regard to its ratification, a treaty concluded on the 6th of August,
1848, by L. E. Powell, on the part of the United States, and the chiefs
and headmen of the confederated bands of the Pawnee Indians, together
with a report of the Commissioner of Indian Affairs and other papers
explanatory of the same.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, December 12, 1848.
I transmit herewith, for the consideration and advice of the Senate
with regard to its ratification, a treaty concluded on the 18th of October,
1848, by William Medill, Commissioner of Indian Affairs, on the part
of the United States, and the chiefs and headmen of the Menomonee
Indians, together with a report of the Commissioner of Indian Affairs
and other papers explanatory of the same.
JAMES K. POLK.
To the House of Representatives:
WASHINGTON, December 27, 1848.
In compliance with the resolution of the House of the 11th instant,
requesting the President to inform that body "whether he has received
any information that American citizens have been imprisoned or arrested
by British authorities in Ireland, and, if so, what have been the causes.
thereof and what steps have been taken for their release, and if not, in
his opinion, inconsistent with public interest to furnish this House with
copies of all correspondence in relation thereto," I communicate here-
with a report of the Secretary of State, together with the accompanying
correspondence upon the subject.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, December 27, 1848.
I communicate herewith, in compliance with the request contained in
the resolution of the Senate of the 19th instant, a report of the Secre-
tary of the Treasury, with the accompanying statement, prepared by the
Register of the Treasury, which exhibits the annual amount appropri-
ated on account of the Coast Survey from the commencement of said
Survey.
JAMES K. POLK.
2522
Messages and Papers of the Presidents
WASHINGTON, January 2, 1849.
To the House of Representatives of the United States:
In answer to the resolution of the House of Representatives of the
18th of December, 1848, requesting information "under what law or
provision of the Constitution, or by what other authority," the Secretary
of the Treasury, with the "sanction and approval" of the President,
established "a tariff of duties in the ports of the Mexican Republic
during the war with Mexico," and "by what legal, constitutional, or
other authority" the "revenue thus derived" was appropriated to "the
support of the Army in Mexico," I refer the House to my annual mes-
sage of the 7th of December, 1847, to my message to the Senate of the
10th of February, 1848, responding to a call of that body, a copy of
which is herewith communicated, and to my message to the House of
Representatives of the 24th of July, 1848, responding to a call of that
House. The resolution assumes that the Secretary of the Treasury
established a tariff of duties in the ports of the Mexican Republic.”
The contributions collected in this mode were not established by the
Secretary of the Treasury, but by a military order issued by the Presi
dent through the War and Navy Departments. For his information the
President directed the Secretary of the Treasury to prepare and report
to him a scale of duties. That report was made, and the President's
military order of the 31st of March, 1847, was based upon it. The docu-
ments communicated to Congress with my annual message of December,
1847, show the true character of that order.
The authority under which military contributions were exacted and
collected from the enemy and applied to the support of our Army dur-
ing the war with Mexico was stated in the several messages referred to.
In the first of these messages I informed Congress that—
On the 31st of March last I caused an order to be issued to our military and naval
commanders to levy and collect a military contribution upon all vessels and merchan-
dise which might enter any of the ports of Mexico in our military occupation, and
to apply such contributions toward defraying the expenses of the war. By virtue of
the right of conquest and the laws of war, the conqueror, consulting his own safety
or convenience, may either exclude foreign commerce altogether from all such ports
or permit it upon such terms and conditions as he may prescribe. Before the princi-
pal ports of Mexico were blockaded by our Navy the revenue derived from import
duties under the laws of Mexico was paid into the Mexican treasury. After these
ports had fallen into our military possession the blockade was raised and commerce
with them permitted upon prescribed terms and conditions. They were opened to
the trade of all nations upon the payment of duties more moderate in their amount
than those which had been previously levied by Mexico, and the revenue, which
was formerly paid into the Mexican treasury, was directed to be collected by our
military and naval officers and applied to the use of our Army and Navy. Care was
taken that the officers, soldiers, and sailors of our Army and Navy should be ex-
empted from the operations of the order, and, as the merchandise imported upon
which the order operated must be consumed by Mexican citizens, the contributions
exacted were in effect the seizure of the public revenues of Mexico and the applica-
James K. Polk
2523
tion of them to our own use.
enemy to contribute as far as
In directing this measure the object was to compel the
practicable toward the expenses of the war.
It was also stated in that message that-
Measures have recently been adopted by which the internal as well as the exter-
nal revenues of Mexico in all places in our military occupation will be seized and
appropriated to the use of our Army and Navy.
The policy of levying upon the enemy contributions in every form consistently
with the laws of nations, which it may be practicable for our military commanders
to adopt, should, in my judgment, be rigidly enforced, and orders to this effect have
accordingly been given. By such a policy, at the same time that our own Treasury
will be relieved from a heavy drain, the Mexican people will be made to feel the
burdens of the war, and, consulting their own interests, may be induced the more
readily to require their rulers to accede to a just peace.
In the same message I informed Congress that the amount of the
"loan" which would be required for the further prosecution of the war
might be "reduced by whatever amount of expenditures can be saved
by military contributions collected in Mexico," and that "the most rig-
orous measures for the augmentation of these contributions have been
directed, and a very considerable sum is expected from that source.
The Secretary of the Treasury, in his annual report of that year, in
making his estimate of the amount of loan which would probably be
required, reduced the sum in consideration of the amount which would
probably be derived from these contributions, and Congress authorized
the loan upon this reduced estimate.
In the message of the 10th of February, 1848, to the Senate, it was
stated that-
No principle is better established than that a nation at war has the right of shift-
ing the burden off itself and imposing it on the enemy by exacting military con-
tributions. The mode of making such exactions must be left to the discretion of the
conqueror, but it should be exercised in a manner conformable to the rules of civil-
ized warfare.
The right to levy these contributions is essential to the successful prosecution
of war in an enemy's country, and the practice of nations has been in accordance
with this principle. It is as clearly necessary as the right to fight battles, and its
exercise is often essential to the subsistence of the army.
Entertaining no doubt that the military right to exclude commerce altogether
from the ports of the enemy in our military occupation included the minor right of
admitting it under prescribed conditions, it became an important question at the date
of the order whether there should be a discrimination between vessels and cargoes
belonging to citizens of the United States and vessels and cargoes belonging to neu-
tral nations.
In the message to the House of Representatives of the 24th of July,
1848, it was stated that—
It is from the same source of authority that we derive the unquestioned right,
after the war has been declared by Congress, to blockade the ports and coasts of the
enemy, to capture his towns, cities, and provinces, and to levy contributions upon
him for the support of our Army. Of the same character with these is the right
to subject to our temporary military government the conquered territories of our
2524
Messages and Papers of the Presidents
enemy. They are all belligerent rights, and their exercise is as essential to the suc-
cessful prosecution of a foreign war as the right to fight battles.
By the Constitution the power to "declare war" is vested in Congress,
and by the same instrument it is provided that "the President shall be
Commander in Chief of the Army and Navy of the United States" and
that "he shall take care that the laws be faithfully executed."
When Congress have exerted their power by declaring war against a
foreign nation, it is the duty of the President to prosecute it. The Con-
stitution has prescribed no particular mode in which he shall perform
this duty. The manner of conducting the war is not defined by the
Constitution. The term war used in that instrument has a well-under-
stood meaning among nations. That meaning is derived from the laws
of nations, a code which is recognized by all civilized powers as being
obligatory in a state of war. The power is derived from the Constitu-
tion and the manner of exercising it is regulated by the laws of nations.
When Congress have declared war, they in effect make it the duty of
the President in prosecuting it, by land and sea, to resort to all the
modes and to exercise all the powers and rights which other nations at
war possess. He is invested with the same power in this respect as if
he were personally present commanding our fleets by sea or our armies
by land. He may conduct the war by issuing orders for fighting bat-
tles, besieging and capturing cities, conquering and holding the prov-
inces of the enemy, or by capturing his vessels and other property on
the high seas. But these are not the only modes of prosecuting war
which are recognized by the laws of nations and to which he is author-
ized to resort. The levy of contributions on the enemy is a right of
war well established and universally acknowledged among nations, and
one which every belligerent possessing the ability may properly exercise.
The most approved writers on public law admit and vindicate this right
as consonant with reason, justice, and humanity.
No principle is better established than that-
We have a right to deprive our enemy of his possessions, of everything which
may augment his strength and enable him to make war. This everyone endeavors
to accomplish in the manner most suitable to him. Whenever we have an oppor
tunity we seize on the enemy's property and convert it to our own use, and thus,
besides diminishing the enemy's power, we augment our own and obtain at least a
partial indemnification or equivalent, either for what constitutes the subject of the
war or for the expenses and losses incurred in its prosecution. In a word, we do
ourselves justice.
"Instead of the custom of pillaging the open country and defenseless
places, "the levy of contributions has been "substituted."
Thus
Whoever carries on a just war has a right to make the enemy's country contribute
to the support of his army and toward defraying all the charges of the war.
he obtains a part of what is due to him, and the enemy's subjects, by consenting to
pay the sum demanded, have their property secured from pillage and the country is
preserved.
James K. Polk
2525
These principles, it is believed, are uncontroverted by any civilized
nation in modern times. The public law of nations, by which they are
recognized, has been held by our highest judicial tribunal as a code which
is applicable to our "situation" in a state of war and binding on the
United States, while in admiralty and maritime cases it is often the gov-
erning rule. It is in a just war that a nation has the "right to make
the enemy's country contribute to the support of his army." Not doubt-
ing that our late war with Mexico was just on the part of the United
States, I did not hesitate when charged by the Constitution with its
prosecution to exercise a power common to all other nations, and Con-
gress was duly informed of the mode and extent to which that power
had been and would be exercised at the commencement of their first
session thereafter.
Upon the declaration of war against Mexico by Congress the United
States were entitled to all the rights which any other nation at war would
have possessed. These rights could only be demanded and enforced by
the President, whose duty it was, as "Commander in Chief of the Army
and Navy of the United States," to execute the law of Congress which
declared the war. In the act declaring war Congress provided for raising
men and money to enable the President "to prosecute it to a speedy and
successful termination." Congress prescribed no mode of conducting
it, but left the President to prosecute it according to the laws of nations
as his guide. Indeed, it would have been impracticable for Congress to
have provided for all the details of a campaign.
The mode of levying contributions must necessarily be left to the dis-
cretion of the conqueror, subject to be exercised, however, in conformity
with the laws of nations. It may be exercised by requiring a given sum
or a given amount of provisions to be furnished by the authorities of
a captured city or province; it may be exercised by imposing an inter-
nal tax or a tax on the enemy's commerce, whereby he may be deprived
of his revenues, and these may be appropriated to the use of the con-
queror. The latter mode was adopted by the collection of duties in the
ports of Mexico in our military occupation during the late war with that
Republic.
So well established is the military right to do this under the laws
of nations that our military and naval officers commanding our forces
on the theater of war adopted the same mode of levying contributions
from the enemy before the order of the President of the 31st of March,
1847, was issued. The general in command of the Army at Vera Cruz,
upon his own view of his powers and duties, and without specific instruc-
tions to that effect, immediately after the capture of that city adopted
this mode. By his order of the 28th of March, 1847, heretofore commu-
nicated to the House of Representatives, he directed a "temporary and
moderate tariff of duties to be established." Such a tariff was estab-
lished, and contributions were collected under it and applied to the uses
2526
Messages and Papers of the Presidents
*
of our Army. At a still earlier period the same power was exercised
by the naval officers in command of our squadron on the Pacific coast.
** Not doubting the authority to resort to this mode, the order
of the 31st of March, 1847, was issued, and was in effect but a modifica-
tion of the previous orders of these officers, by making the rates of con-
tribution uniform and directing their collection in all the ports of the
enemy in our military occupation and under our temporary military
government.
The right to levy contributions upon the enemy in the form of import
and export duties in his ports was sanctioned by the treaty of peace with
Mexico. By that treaty both Governments recognized * * * and
confirmed the exercise of that right. By its provisions "the custom-
houses at all the ports occupied by the forces of the United States" were,
upon the exchange of ratifications, to be delivered up to the Mexican
authorities, "together with all bonds and evidences of debt for duties
on importations and exportations not yet fallen due;" and "all duties on
imports and on exports collected at such custom-houses or elsewhere in
Mexico by authority of the United States" before the ratification of the
treaty by the Mexican Government were to be retained by the United
States, and only the net amount of the duties collected after this period
was to be "delivered to the Mexican Government." By its provisions
also all merchandise "imported previously to the restoration of the cus-
tom-houses to the Mexican authorities" or "exported from any Mexi-
can port whilst in the occupation of the forces of the United States'' was
protected from confiscation and from the payment of any import or ex-
port duties to the Mexican Government, even although the importation
of such merchandise "be prohibited by the Mexican tariff." The treaty
also provides that should the custom-houses be surrendered to the Mexi-
can authorities in less than sixty days from the date of its signature, the
rates of duty on merchandise imposed by the United States were in that
event to survive the war until the end of this period; and in the meantime
Mexican custom-house officers were bound to levy no other duties thereon
"than the duties established by the tariff found in force at such custom-
houses at the time of the restoration of the same." The "tariff found
in force at such custom-houses," which is recognized and sustained by
this stipulation, was that established by the military order of the 31st of
March, 1847, as a mode of levying and collecting military contributions
from the enemy.
The right to blockade the ports and coasts of the enemy in war is no
more provided for or prescribed by the Constitution than the right to
levy and collect contributions from him in the form of duties or other-
wise, and yet it has not been questioned that the President had the power
after war had been declared by Congress to order our Navy to blockade
the ports and coasts of Mexico. The right in both cases exists under the
laws of nations. If the President can not order military contributions
►
James K. Polk
2527
to be collected without an act of Congress, for the same reason he can
not order a blockade; nor can he direct the enemy's vessels to be cap-
tured on the high seas; nor can he order our military and naval officers
to invade the enemy's country, conquer, hold, and subject to our military
government his cities and provinces; nor can he give to our military and
naval commanders orders to perform many other acts essential to success
in war.
If when the City of Mexico was captured the commander of our
forces had found in the Mexican treasury public money which the
enemy had provided to support his army, can it be doubted that he
possessed the right to seize and appropriate it for the use of our own
Army? If the money captured from the enemy could have been thus
lawfully seized and appropriated, it would have been by virtue of the
laws of war, recognized by all civilized nations; and by the same author-
ity the sources of revenue and of supply of the enemy may be cut off
from him, whereby he may be weakened and crippled in his means of
continuing or waging the war. If the commanders of our forces, while
acting under the orders of the President, in the heart of the enemy's
country and surrounded by a hostile population, possess none of these
essential and indispensable powers of war, but must halt the Army at
every step of its progress and wait for an act of Congress to be passed
to authorize them to do that which every other nation has the right to
do by virtue of the laws of nations, then, indeed, is the Government of
the United States in a condition of imbecility and weakness, which must
in all future time render it impossible to prosecute a foreign war in an
enemy's country successfully or to vindicate the national rights and the
national honor by war.
The contributions levied were collected in the enemy's country, and
were ordered to be "applied" in the enemy's country "toward defray-
ing the expenses of the war," and the appropriations made by Congress
for that purpose were thus relieved, and considerable balances remained
undrawn from the Treasury. The amount of contributions remaining
unexpended at the close of the war, as far as the accounts of collecting
and disbursing officers have been settled, have been paid into the Treas-
ury in pursuance of an order for that purpose, except the sum "applied
toward the payment of the first installment due under the treaty with
Mexico," as stated in my last annual message, for which an appropria-
tion had been made by Congress. The accounts of some of these officers,
as stated in the report of the Secretary of War accompanying that mes-
sage, will require legislation before they can be finally settled.
In the late war with Mexico it is confidently believed that the levy of
contributions and the seizure of the sources of public revenue upon
which the enemy relied to enable him to continue the war essentially
contributed to hasten peace. By those means the Government and peo-
ple of Mexico were made to feel the pressure of the war and to realize
2528
Messages and Papers of the Presidents
that if it were protracted its burdens and inconveniences must be borne
by themselves. Notwithstanding the great success of our arms, it may
well be doubted whether an honorable peace would yet have been obtained
but for the very contributions which were exacted.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, January 4, 1849.
I transmit to the Senate, for their consideration and advice with regard
to its ratification, a convention between the United States of America
and the Government of Her Britannic Majesty, for the improvement of
the communication by post between their respective territories, concluded
and signed at London on the 15th December last, together with an
explanatory dispatch from our minister at that Court.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, January 29, 1849.
I communicate herewith a report of the Secretary of State, with the ac-
companying documents, in answer to a resolution of the Senate of the 21st
December, 1848, requesting the President "to communicate to the Sen-
ate (if, in his opinion, not incompatible with the public service) a copy
of the dispatches transmitted to the Secretary of State in August last
by the resident minister at Rio de Janeiro in reference to the service and
general conduct of Commodore G. W. Storer, commander in chief of the
United States naval forces on the coast of Brazil.'
"
JAMES K. POLK.
WASHINGTON, January 29, 1849.
To the House of Representatives of the United States:
I communicate herewith reports from the Secretary of War and the
Secretary of the Navy, together with the accompanying documents, in
answer to a resolution of the House of Representatives of December 20,
1848, requesting the President "to communicate to the House the amount
of moneys and property received during the late war with the Republic of
Mexico at the different ports of entry, or in any other way within her lim.
its, and in what manner the same has been expended or appropriated."
JAMES K. POLK
To the Senate of the United States:
WASHINGTON, February 1, 1849
I communicate herewith reports from the Secretary of State, the Sec-
retary of the Treasury, the Secretary of War, and the Secretary of the
1
James K. Polk
2529
Navy, together with the accompanying documents, in answer to a reso-
lution of the Senate of the 15th January, 1849, "that the petition and
papers of John B. Emerson be referred to the President of the United
States, and that he be requested to cause a report thereon to be made to
the Senate, wherein the public officer making such report shall state in
what cases, if any, the United States have used or employed the invention
of said Emerson contrary to law, and, further, whether any compensa-
tion therefor is justly due to said Emerson, and, if so, to what amount in
each case."
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, February 5, 1849.
I transmit herewith, for the consideration and advice of the Senate with
regard to its ratification, a treaty concluded on the 24th day of Novem-
ber, 1848, by Morgan L. Martin and Albert G. Ellis, commissioners on
the part of the United States, and the sachem, councilors, and headmen
of the Stockbridge tribe of Indians, together with a report of the Com-
missioner of Indian Affairs and other papers explanatory of the same.
JAMES K. POLK.
WASHINGTON, February 8, 1849.
To the House of Representatives of the United States:
In reply to the resolutions of the House of Representatives of the 5th
instant, I communicate herewith a report from the Secretary of State,
accompanied with all the documents and correspondence relating to the
treaty of peace concluded between the United States and Mexico at
Guadalupe Hidalgo on the 2d February, 1848, and to the amendments
of the Senate thereto, as requested by the House in the said resolutions.
Amongst the documents transmitted will be found a copy of the in-
structions given to the commissioners of the United States who took
to Mexico the treaty as amended by the Senate and ratified by the
President of the United States. In my message to the House of Repre-
sentatives of the 29th of July, 1848, I gave as my reason for declining to
furnish these instructions in compliance with a resolution of the House
that "in my opinion it would be inconsistent with the public interests
to give publicity to them at the present time." Although it may still
be doubted whether giving them publicity in our own country, and, as a
necessary consequence, in Mexico, may not have a prejudicial influence
on our public interests, yet, as they have been again called for by the
House, and called for in connection with other documents, to the cor-
rect understanding of which they are indispensable, I have deemed it
my duty to transmit them.
2530
Messages and Papers of the Presidents
I still entertain the opinion expressed in the message referred to, that-
As a general rule applicable to all our important negotiations with foreign powers,
it could not fail to be prejudicial to the public interests to publish the instructions to
our ministers until some time had elapsed after the conclusion of such negotiations.
In these instructions of the 18th of March, 1848, it will be perceived
that-
The task was assigned to the commissioners of the United States of consummating
the treaty of peace, which was signed at Guadalupe Hidalgo on the 2d day of Feb-
ruary last, between the United States and the Mexican Republic, and which on the
10th of March last was ratified by the Senate with amendments.
They were informed that—
This brief statement will indicate to you clearly the line of your duty. You are
not sent to Mexico for the purpose of negotiating any new treaty, or of changing in
any particular the ratified treaty which you will bear with you. None of the amend-
ments adopted by the Senate can be rejected or modified except by the authority
of that body. Your whole duty will, then, consist in using every honorable effort
to obtain from the Mexican Government a ratification of the treaty in the form in
which it has been ratified by the Senate, and this with the least practicable delay.
* * * For this purpose it may, and most probably will, become necessary that
you should explain to the Mexican minister for foreign affairs, or to the authorized
agents of the Mexican Government, the reasons which have influenced the Senate in
adopting these several amendments to the treaty. This duty you will perform as
much as possible by personal conferences. Diplomatic notes are to be avoided unless
in case of necessity. These might lead to endless discussions and indefinite delay.
Besides, they could not have any practical result, as your mission is confined to pro-
curing a ratification from the Mexican Government of the treaty as it came from the
Senate, and does not extend to the slightest modification in any of its provisions.
The commissioners were sent to Mexico to procure the ratification of
the treaty as amended by the Senate. Their instructions confined them
to this point. It was proper that the amendments to the treaty adopted
by the United States should be explained to the Mexican Government,
and explanations were made by the Secretary of State in his letter of the
18th of March, 1848, to the Mexican minister for foreign affairs, under
my direction. This dispatch was communicated to Congress with my
message of the 6th of July last, communicating the treaty of peace, and
published by their order. This dispatch was transmitted by our com-
missioners from the City of Mexico to the Mexican Government, then at
Queretaro, on the 17th of April, 1848, and its receipt acknowledged on
the 19th of the same month. During the whole time that the treaty, as
amended, was before the Congress of Mexico these explanations of the
Secretary of State, and these alone, were before them.
The President of Mexico, on these explanations, on the 8th day of
May, 1848, submitted the amended treaty to the Mexican Congress, and
on the 25th of May that Congress approved the treaty as amended, with-
out modification or alteration. The final action of the Mexican Con-
gress had taken place before the commissioners of the United States had
been officially received by the Mexican authorities, or held any confer-
James K. Polk
2531
ence with them, or had any other communication on the subject of the
treaty except to transmit the letter of the Secretary of State.
In their dispatch transmitted to Congress with my message of the 6th
of July last, communicating the treaty of peace, dated "City of Queretaro,
May 25, 1848, 9 o'clock p. m.," the commissioners say:
We have the satisfaction to inform you that we reached this city this afternoon at
about 5 o'clock, and that the treaty, as amended by the Senate of the United States,
passed the Mexican Senate about the hour of our arrival by a vote of 33 to 5. It hav-
ing previously passed the House of Deputies, nothing now remains but to exchange
the ratifications of the treaty.
On the next day (the 26th of May) the commissioners were for the
first time presented to the President of the Republic and their creden-
tials placed in his hands. On this occasion the commissioners delivered
an address to the President of Mexico, and he replied. In their dispatch
of the 30th of May the commissioners say:
We inclose a copy of our address to the President, and also a copy of his reply.
Several conferences afterwards took place between Messrs. Rosa, Cuevas, Conto, and
ourselves, which it is not thought necessary to recapitulate, as we inclose a copy of
the protocol, which contains the substance of the conversations. We have now the
satisfaction to announce that the exchange of ratifications was effected to-day.
This dispatch was communicated with my message of the 6th of July
last, and published by order of Congress.
The treaty, as amended by the Senate of the United States, with the
accompanying papers and the evidence that in that form it had been
ratified by Mexico, was received at Washington on the 4th day of July,
1848, and immediately proclaimed as the supreme law of the land. On
the 6th of July I communicated to Congress the ratified treaty, with
such accompanying documents as were deemed material to a full under-
standing of the subject, to the end that Congress might adopt the legis-
lation necessary and proper to carry the treaty into effect. Neither the
address of the commissioners, nor the reply of the President of Mexico
on the occasion of their presentation, nor the memorandum of conversa-
tions embraced in the paper called a protocol, nor the correspondence
now sent, were communicated, because they were not regarded as in any
way material; and in this I conformed to the practice of our Govern-
ment. It rarely, if ever, happens that all the correspondence, and espe-
cially the instructions to our ministers, is communicated. Copies of
these papers are now transmitted, as being within the resolutions of the
House calling for all such "correspondence as appertains to said treaty."
When these papers were received at Washington, peace had been re-
stored, the first installment of three millions paid to Mexico, the block-
ades were raised, the City of Mexicc evacuated, and our troops on their
return home. The war was at an end, and the treaty, as ratified by the
United States, was binding on both parties, and already executed in a
great degree.
In this condition of things it was not competent for the
2532
Messages and Papers of the Presidents
President alone, or for the President and Senate, or for the President,
Senate, and House of Representatives combined, to abrogate the treaty,
to annul the peace and restore a state of war, except by a solemn decla-
ration of war.
Had the protocol varied the treaty as amended by the Senate of the
United States, it would have had no binding effect.
It was obvious that the commissioners of the United States did not
regard the protocol as in any degree a part of the treaty, nor as modify-
ing or altering the treaty as amended by the Senate. They communi-
cated it as the substance of conversations held after the Mexican Congress
had ratified the treaty, and they knew that the approval of the Mexican
Congress was as essential to the validity of a treaty in all its parts as the
advice and consent of the Senate of the United States. They knew, too,
that they had no authority to alter or modify the treaty in the form in
which it had been ratified by the United States, but that, if failing to
procure the ratification of the Mexican Government otherwise than with
amendments, their duty, imposed by express instructions, was to ask of
Mexico to send without delay a commissioner to Washington to exchange
ratifications here if the amendments of the treaty proposed by Mexico, on
being submitted, should be adopted by the Senate of the United States.
I was equally well satisfied that the Government of Mexico had agreed
to the treaty as amended by the Senate of the United States, and did not
regard the protocol as modifying, enlarging, or diminishing its terms
or effect. The President of that Republic, in submitting the amended
treaty to the Mexican Congress, in his message on the 8th day of May,
1848, said:
If the treaty could have been submitted to your deliberation precisely as it came
from the hands of the plenipotentiaries, my satisfaction at seeing the war at last
brought to an end would not have been lessened as it this day is in consequence of
the modifications introduced into it by the Senate of the United States, and which
have received the sanction of the President. * * * At present it is sufficient
for us to say to you that if in the opinion of the Government justice had not been
evinced on the part of the Senate and Government of the United States in intro-
ducing such modifications, it is presumed, on the other hand, that they are not of
such importance that they should set aside the treaty. I believe, on the contrary,
that it ought to be ratified upon the same terms in which it has already received the
sanction of the American Government. My opinion is also greatly strengthened by
the fact that a new negotiation is neither expected nor considered possible. Much
less could another be brought forward upon a basis more favorable for the Republic.
The deliberations of the Mexican Congress, with no explanation before
that body from the United States except the letter of the Secretary of
State, resulted in the ratification of the treaty, as recommended by the
President of that Republic, in the form in which it had been amended
and ratified by the United States. The conversations embodied in the
paper called a protocol took place after the action of the Mexican Con-
gress was complete, and there is no reason to suppose that the Govern-
ment of Mexico ever submitted the protocol to the Congress, or ever
treated or regarded it as in any sense a new negotiation, or as operating
James K. Polk
2533
any modification or change of the amended treaty. If such had been its
effect, it was a nullity until approved by the Mexican Congress; and such
approval was never made or intimated to the United States. In the final
consummation of the ratification of the treaty by the President of Mexico
no reference is made to it. On the contrary, this ratification, which was
delivered to the commissioners of the United States, and is now in the
State Department, contains a full and explicit recognition of the amend-
ments of the Senate just as they had been communicated to that Gov-
ernment by the Secretary of State and been afterwards approved by the
Mexican Congress. It declares that—
Having seen and examined the said treaty and the modifications made by the Sen-
ate of the United States of America, and having given an account thereof to the
General Congress, conformably to the requirement in the fourteenth paragraph of
the one hundred and tenth article of the federal constitution of these United States,
that body has thought proper to approve of the said treaty, with the modifications
thereto, in all their parts; and in consequence thereof, exerting the power granted
to me by the constitution, I accept, ratify, and confirm the said treaty with its modifi-
cations, and promise, in the name of the Mexican Republic, to fulfill and observe it,
and to cause it to be fulfilled and observed.
Upon an examination of this protocol, when it was received with the
ratified treaty, I did not regard it as material or as in any way attempt-
ing to modify or change the treaty as it had been amended by the Senate
of the United States.
The first explanation which it contains is:
That the American Government, by suppressing the ninth article of the treaty
of Guadalupe and substituting the third article of the treaty of Louisiana, did not
intend to diminish in any way what was agreed upon by the aforesaid article (ninth)
in favor of the inhabitants of the territories ceded by Mexico. Its understanding is
that all of that agreement is contained in the third article of the treaty of Louisiana.
In consequence, all the privileges and guaranties-civil, political, and religious-
which would have been possessed by the inhabitants of the ceded territories if the
ninth article of the treaty had been retained will be enjoyed by them without any
difference under the article which has been substituted.
The ninth article of the original treaty stipulated for the incorpora-
tion of the Mexican inhabitants of the ceded territories and their admis-
sion into the Union "as soon as possible, according to the principles of
the Federal Constitution, to the enjoyment of all the rights of citizens of
the United States." It provided also that in the meantime they should
be maintained in the enjoyment of their liberty, their property, and their
civil rights now vested in them according to the Mexican laws. It se-
cured to them similar political rights with the inhabitants of the other
Territories of the United States, and at least equal to the inhabitants of
Louisiana and Florida when they were in a Territorial condition. It
then proceeded to guarantee that ecclesiastics and religious corporations
should be protected in the discharge of the offices of their ministry and
the enjoyment of their property of every kind, whether individual or cor-
porate, and, finally, that there should be a free communication between
2534
Messages and Papers of the Presidents
the Catholics of the ceded territories and their ecclesiastical authorities,
"even although such authority should reside within the limits of the
Mexican Republic as defined by this treaty."
The ninth article of the treaty, as adopted by the Senate, is much
more comprehensive in its terms and explicit in its meaning, and it
clearly embraces in comparatively few words all the guaranties inserted
in the original article. It is as follows:
Mexicans who, in the territories aforesaid, shall not preserve the character of citi-
zens of the Mexican Republic, conformably with what is stipulated in the preceding
article, shall be incorporated into the Union of the United States and be admitted at
the proper time (to be judged of by the Congress of the United States) to the enjoy-
ment of all the rights of citizens of the United States, according to the principles
of the Constitution, and in the meantime shall be maintained and protected in the
free enjoyment of their liberty and property and secured in the free exercise of their
religion without restriction.
This article, which was substantially copied from the Louisiana treaty,
provides equally with the original article for the admission of these inhab-
itants into the Union, and in the meantime, whilst they shall remain in
a Territorial state, by one sweeping provision declares that they "shall be
maintained and protected in the free enjoyment of their liberty and prop-
erty and secured in the free exercise of their religion without restriction."
This guaranty embraces every kind of property, whether held by eccle-
siastics or laymen, whether belonging to corporations or individuals. It
secures to these inhabitants the free exercise of their religion without
restriction, whether they choose to place themselves under the spiritual
authority of pastors resident within the Mexican Republic or the ceded
territories. It was, it is presumed, to place this construction beyond all
question that the Senate superadded the words "without restriction" to
the religious guaranty contained in the corresponding article of the Loui-
siana treaty. Congress itself does not possess the power under the Con-
stitution to make any law prohibiting the free exercise of religion.
If the ninth article of the treaty, whether in its original or amended
form, had been entirely omitted in the treaty, all the rights and privileges
which either of them confers would have been secured to the inhabitants
of the ceded territories by the Constitution and laws of the United States.
The protocol asserts that "the American Government, by suppressing
the tenth article of the treaty of Guadalupe, did not in any way intend
to annul the grants of lands made by Mexico in the ceded territories;"'
that "these grants, notwithstanding the suppression of the article of the
treaty, preserve the legal value which they may possess; and the grantees
may cause their legitimate titles to be acknowledged before the American
tribunals;" and then proceeds to state that, "conformably to the law of
the United States, legitimate titles to every description of property, per-
sonal and real, existing in the ceded territories are those which were
legitimate titles under the Mexican law in California and New Mexico
up to the 13th of May, 1846, and in Texas up to the 2d of March, 1836.”
James K. Polk
2535
The former was the date of the declaration of war against Mexico and
the latter that of the declaration of independence by Texas.
The objection to the tenth article of the original treaty was not that
it protected legitimate titles, which our laws would have equally pro-
tected without it, but that it most unjustly attempted to resuscitate
grants which had become a mere nullity by allowing the grantees the
same period after the exchange of the ratifications of the treaty to which
they had been originally entitled after the date of their grants for the
purpose of performing the conditions on which they had been made.
In submitting the treaty to the Senate I had recommended the rejection
of this article. That portion of it in regard to lands in Texas did not
receive a single vote in the Senate. This information was communicated
by the letter of the Secretary of State to the minister for foreign affairs
of Mexico, and was in possession of the Mexican Government during the
whole period the treaty was before the Mexican Congress; and the article
itself was reprobated in that letter in the strongest terms. Besides, our
commissioners to Mexico had been instructed that—
Neither the President nor the Senate of the United States can ever consent to
ratify any treaty containing the tenth article of the treaty of Guadalupe Hidalgo, in
favor of grantees of land in Texas or elsewhere.
And again:
Should the Mexican Government persist in retaining this article, then all prospect
of immediate peace is ended; and of this you may give them an absolute assurance.
On this point the language of the protocol is free from ambiguity, but
if it were otherwise is there any individual American or Mexican who
would place such a construction upon it as to convert it into a vain at-
tempt to revive this article, which had been so often and so solemnly con-
demned? Surely no person could for one moment suppose that either
the commissioners of the United States or the Mexican minister for for-
eign affairs ever entertained the purpose of thus setting at naught the
deliberate decision of the President and Senate, which had been com-
municated to the Mexican Government with the assurance that their
abandonment of this obnoxious article was essential to the restoration of
peace.
But the meaning of the protocol is plain. It is simply that the nulli-
fication of this article was not intended to destroy valid, legitimate titles
to land which existed and were in full force independently of the pro-
visions and without the aid of this article. Notwithstanding it has been
expunged from the treaty, these grants were to "preserve the legal value
which they may possess. The refusal to revive grants which had
become extinct was not to invalidate those which were in full force and
vigor. That such was the clear understanding of the Senate of the United
States, and this in perfect accordance with the protocol, is manifest from
the fact that whilst they struck from the treaty this unjust article, they
2536
Messages and Papers of the Presidents
at the same time sanctioned and ratified the last paragraph of the eighth
article of the treaty, which declares that
In the said territories property of every kind now belonging to Mexicans not
established there shall be inviolably respected. The present owners, the heirs of
these, and all Mexicans who may hereafter acquire said property by contract shall
enjoy with respect to it guaranties equally ample as if the same belonged to citizens
of the United States.
Without any stipulation in the treaty to this effect, all such valid titles
under the Mexican Government would have been protected under the
Constitution and laws of the United States.
The third and last explanation contained in the protocol is that-
The Government of the United States, by suppressing the concluding paragraph of
article 12 of the treaty, did not intend to deprive the Mexican Republic of the free
and unrestrained faculty of ceding, conveying, or transferring at any time (as it may
judge best) the sum of the $12,000,000 which the same Government of the United
States is to deliver in the places designated by the amended article.
The concluding paragraph of the original twelfth article, thus sup-
pressed by the Senate, is in the following language:
Certificates in proper form for the said installments, respectively, in such sums
as shall be desired by the Mexican Government, and transferable by it, shall be
delivered to the said Government by that of the United States.
From this bare statement of facts the meaning of the protocol is ob-
vious. Although the Senate had declined to create a Government stock
for the $12,000,000, and issue transferable certificates for the amount in
such sums as the Mexican Government might desire, yet they could not
have intended thereby to deprive that Government of the faculty which
every creditor possesses of transferring for his own benefit the obliga-
tion of his debtor, whatever this may be worth, according to his will and
pleasure.
It can not be doubted that the twelfth article of the treaty as it now
stands contains a positive obligation, "in consideration of the extension
acquired by the boundaries of the United States," to pay to the Mexi-
can Republic $12,000,000 in four equal annual installments of three
millions each. This obligation may be assigned by the Mexican Gov-
ernment to any person whatever, but the assignee in such case would
stand in no better condition than the Government. The amendment
of the Senate prohibiting the issue of a Government transferable stock
for the amount produces this effect and no more.
The protocol contains nothing from which it can be inferred that the
assignee could rightfully demand the payment of the money in case.
the consideration should fail which is stated on the face of the obli-
gation.
With this view of the whole protocol, and considering that the ex-
planations which it contained were in accordance with the treaty, I
did not deem it necessary to take any action upon the subject. Had it
James K. Polk
2537
varied from the terms of the treaty as amended by the Senate, although
it would even then have been a nullity in itself, yet duty might have
required that I should make this fact known to the Mexican Govern-
ment. This not being the case, I treated it in the same manner I would
have done had these explanations been made verbally by the commis-
sioners to the Mexican minister for foreign affairs and communicated in
a dispatch to the State Department.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 9, 1849.
In compliance with the resolution of the Senate of the 6th instant,
requesting the President to cause to be laid before that body, in "execu-
tive or open session, in his discretion, any instructions given to Ambrose
H. Sevier and Nathan Clifford, commissioned as ministers plenipoten-
tiary on the part of the United States to the Government of Mexico, or
to either of said ministers, prior to the ratification by the Government of
Mexico of the treaty of peace between the United States and that Repub-
lic," and certain correspondence and other papers specified in the said
resolution, I communicate herewith a report from the Secretary of State,
together with copies of the documents called for.
Having on the 8th instant, in compliance with a resolution of the
House of Representatives in its terms more comprehensive than that of
the Senate, communicated these and all other papers appertaining to the
same subject, with a message to that House, this communication is made
to the Senate in "open" and not in "executive” session.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 12, 1849.
I communicate herewith a report from the Secretary of the Treasury,
with the accompanying documents, in answer to the resolution of the
Senate of December 28, 1848, requesting "to be informed of the number
of vessels annually employed in the Coast Survey, and the annual cost
thereof, and out of what fund they were paid; also the number of per-
sons annually employed in said Survey who were not of the Army and
Navy of the United States; also the amount of money received by the
United States for maps and charts made under such Survey and sold
under the act of 1844."
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 14, 1849.
I transmit herewith a report from the Secretary of War, together
with the accompanying papers, in compliance with a resolution of the
82
2538
Messages and Papers of the Presidents
Senate of the 12th instant, requesting the President to communicate to
that body the proceedings under the act of Congress of the last session
to compensate R. M. Johnson for the erection of certain buildings for
the use of the Choctaw academy; also the evidence of the cost of said
buildings.
JAMES K. POLK.
To the Senate of the United States:
WASHINGTON, February 23, 1849.
I communicate herewith a report of the Secretary of State, together
with the accompanying documents, in compliance with a resolution of
the Senate of the 23d ultimo, requesting the President "to transmit
to the Senate, so far as is consistent with the public service, any corre-
spondence between the Department of State and the Spanish authori
ties in the island of Cuba relating to the imprisonment in said island
of William Henry Rush, a citizen of the United States."
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, February 27, 1849.
I communicate herewith a report from the Secretary of State, in com-
pliance with a resolution of the Senate of the 3d ultimo, requesting the
President to communicate to the Senate a list of all the treaties of com-
merce and navigation between the United States and foreign nations.
conferring upon the vessels of such nations the right of trading between
the United States and the rest of the world in the productions of every
country upon the same terms with American vessels, with the date of
the proclamation of such treaties; also a list of the proclamations con-
ferring similar rights upon the vessels of foreign nations issued by the
President of the United States under the provisions of the first section
of the act entitled “An act in addition to an act entitled ‘An act concern-
ing discriminating duties on tonnage and impost and to equalize the
duties on Prussian vessels and their cargoes, ""' approved May 24, 1828.
JAMES K. POLK.
WASHINGTON, March 2, 1849.
To the House of Representatives of the United States:
I communicate herewith a report of the Secretary of State, together
with the accompanying papers, in compliance with the resolution of the
House of Representatives of the 23d of December, 1848, requesting the
President "to cause to be transmitted to the House, if compatible with
the public interest, the correspondence of George W. Gordon, late, and
Gorham Parks, the present, consul of the United States at Rio de Janeiro,
James K. Polk
2539
with the Department of State on the subject of the African slave trade;
also any unpublished correspondence on the same subject by the Hon.
Henry A. Wise, our late minister to Brazil.”
JAMES K. POLK.
WASHINGTON, March 2, 1849.
To the House of Representatives of the United States:
I communicate herewith a report of the Secretary of State, together
with the accompanying papers, in compliance with the resolution of the
House of Representatives of the 20th ultimo, requesting the President
to communicate to that House a list of all consuls, vice-consuls, and
commercial agents now in the service of the United States, their resi-
dence, distinguishing such as are citizens of the United States from
such as are not, and to inform the said House whether regular returns
of their fees and perquisites and the tonnage and commerce of the United
States within their respective consulates or agencies have been regularly
made by each, and to communicate the amount of such fees and perqui-
sites for certain years therein specified, together with the number of ves-
sels and amount of tonnage which entered and cleared within each of the
consulates and agencies for the same period; also the number of seamen
of the United States who have been provided for and sent home from
each of the said consulates for the time aforesaid.
To the Senate of the United States:
JAMES K. POLK.
WASHINGTON, March 2, 1849.
I herewith transmit a communication from the Secretary of the Treas,
ury, accompanying a report from the Solicitor of the Treasury present-
ing a view of the operations of that office since its organization.
JAMES K. POLK.
PROCLAMATIONS.
[From Senate Journal, Thirtieth Congress, second session, p. 349.]
WASHINGTON, January 2, 1849.
To the Senators of the United States, respectively.
SIR: Objects interesting to the United States requiring that the Senate
should be in session on Monday, the 5th of March next, to receive and
act upon such communications as may be made to it on the part of the
Executive, your attention in the Senate Chamber, in this city, on that
day at 10 o'clock in the forenoon is accordingly requested.
JAMES K. POLK.
2540
Messages and Papers of the Presidents
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 10th
January, 1849, entitled "An act to extend certain privileges to the town
of Whitehall, in the State of New York," the President of the United
States, on the recommendation of the Secretary of the Treasury, is
authorized to extend to the town of Whitehall the same privileges as
are conferred on certain ports named in the seventh section of an act
entitled "An act allowing drawback upon foreign merchandise exported
in the original packages to Chihuahua and Santa Fe, in Mexico, and
to the British North American Provinces adjoining the United States,"
passed 3d March, 1845, in the manner prescribed by the proviso con-
tained in said section; and
Whereas the Secretary of the Treasury has duly recommended to me
the extension of the privileges of the law aforesaid to the port of White-
hall, in the collection district of Champlain, in the State of New York:
Now, therefore, I, James K. Polk, President of the United States of
America, do hereby declare and proclaim that the port of Whitehall, in
the collection district of Champlain, in the State of New York, is and
shall be entitled to all the privileges extended to the other ports enumer-
ated in the seventh section of the act aforesaid from and after the date
of this proclamation.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 2d day of March, A. D.
1849, and of the Independence of the United States of America
the seventy-third.
JAMES K. POLK.
By the President:
JAMES BUCHANAN,
Secretary of State.
Zachary Taylor
March 5, 1849, to July 9, 1850
SEE ENCYCLOPEDIC INDEX.
The Encyclopedic Index is not only an index to the other volumes, not only a key that
unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged
brief history or story of the great controlling events constituting the History of the United
States.
Under its proper alphabetical classification the story is told of every great subject
referred to by any of the Presidents in their official Messages, and at the end of each article
the official utterances of the Presidents themselves are cited upon the subject, so that you
may readily turn to the page in the body of the work itself for this original information.
Next to the possession of knowledge is the ability to turn at will to where knowledge
is to be found.

HOME AT BATON ROUGE, LOUISIANA, OF
ZACHARY TAYLOR
With official portrait engraved from copy of original in steel
i
Zachary Taylor
In
ZACHARY TAYLOR was born in Orange County Va., November 24,
1784. He was the third son of Richard Taylor, a colonel in the War
of the Revolution, who was conspicuous for his zeal and courage.
1785 his father removed to Kentucky, then a sparsely occupied county of
Virginia, and made his home near the present city of Louisville, where
he died. Zachary had but little opportunity for attending school in
this new settlement, but was surrounded during all the years of his child-
hood and early manhood by conditions and circumstances well adapted
to form the character illustrated by his eventful career. In 1808 he was
appointed a leutenant in the Seventh Infantry, and in 1810 was pro-
moted to the grade of captain in the same regiment. The same year
was married to Miss Margaret Smith, of Maryland. For meritorious
conduct in defending Fort Harrison, on the Wabash River, against the
Indians received the brevet of major. In 1814 commanded in a campaign
against hostile Indians and their British allies on Rock River. Was
made lieutenant-colonel of the First Infantry in 1819, and in 1832 be-
came full colonel of that regiment, with headquarters at Fort Crawford,
Prairie du Chien. Was occupied with his regiment fighting the In-
dians in the Black Hawk and other campaigns until 1836, when he was
transferred to Florida for service in the Seminole War. For gallant con-
duct there the next year received the brevet of brigadier-general, and
in 1838 was appointed to the chief command in Florida. In 1840 was
assigned to command the southern division of the western department of
the Army. About this time he made his family home at Baton Rouge,
La. In 1845 was ordered to the defense of Texas, which had been
annexed to the United States. He went to Corpus Christi, and on March
8, 1846, advanced, and after some fighting, in which he routed and drove
the enemy across the Rio Grande, on May 18 occupied Matamoras. He
remained there for a short period, obtaining reenforcements. In Sep-
tember fought the enemy at Monterey and captured that town. The
following February fought and won the battle of Buena Vista. In the
meantime, besides engagements less important, he had won the victories
of Palo Alto and Resaca de la Palma, which created great enthusiasm
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throughout the Union. The terms of capitulation granted by him to
the enemy at Monterey were not approved by the Government at Wash-
ington. Soon after the battles of Palo Alto and Resaca de la Palma he
received the rank of brevet major-general, and on June 27, 1846, was
appointed major-general and was commander in chief of all the American
forces in Mexico until Major-General Scott was ordered there in 1846.
The latter part of November returned to his home in Louisiana. Upon
his return to the United States he was received wherever he went with
popular demonstrations. Was nominated for President by the national
convention of the Whig party at Philadelphia on June 7, 1848, on the
fourth ballot, defeating General Scott, Mr. Clay, and Mr. Webster. At
the election on November 7 the Whig ticket (Taylor and Fillmore) was
successful, receiving 163 electoral votes, while the Democratic candidates
(Cass and Butler) each received 127 votes. He was inaugurated March
5, 1849, and died in Washington City July 9, 1850. Was buried in Cave
Hill Cemetery, Louisville, Ky.
INAUGURAL ADDRESS.
Elected by the American people to the highest office known to our laws,
I appear here to take the oath prescribed by the Constitution, and, in
compliance with a time-honored custom, to address those who are now
assembled.
The confidence and respect shown by my countrymen in calling me to
be the Chief Magistrate of a Republic holding a high rank among the
nations of the earth have inspired me with feelings of the most profound
gratitude; but when I reflect that the acceptance of the office which their
partiality has bestowed imposes the discharge of the most arduous duties
and involves the weightiest obligations, I am conscious that the position
which I have been called to fill, though sufficient to satisfy the loftiest
ambition, is surrounded by fearful responsibilities. Happily, however,
in the performance of my new duties I shall not be without able coop-
eration. The legislative and judicial branches of the Government pre-
sent prominent examples of distinguished civil attainments and matured
experience, and it shall be my endeavor to call to my assistance in the
Executive Departments individuals whose talents, integrity, and purity
of character will furnish ample guaranties for the faithful and honorable
performance of the trusts to be committed to their charge. With such
aids and an honest purpose to do whatever is right, I hope to execute dili-
gently, impartially, and for the best interests of the country the manifold
duties devolved upon me.
In the discharge of these duties my guide will be the Constitution,
Zachary Taylor
2543
which I this day swear to "preserve, protect, and defend.” For the
interpretation of that instrument I shall look to the decisions of the judi-
cial tribunals established by its authority and to the practice of the Gov-
ernment under the earlier Presidents, who had so large a share in its
formation. To the example of those illustrious patriots I shall always
defer with reverence, and especially to his example who was by so many
titles "the Father of his Country."
To command the Army and Navy of the United States; with the advice
and consent of the Senate, to make treaties and to appoint ambassadors
and other officers; to give to Congress information of the state of the
Union and recommend such measures as he shall judge to be necessary;
and to take care that the laws shall be faithfully executed-these are the
most important functions intrusted to the President by the Constitution,
and it may be expected that I shall briefly indicate the principles which
will control me in their execution.
Chosen by the body of the people under the assurance that my Admin-
istration would be devoted to the welfare of the whole country, and not
to the support of any particular section or merely local interest, I this
day renew the declarations I have heretofore made and proclaim my fixed
determination to maintain to the extent of my ability the Government in
its original purity and to adopt as the basis of my public policy those
great republican doctrines which constitute the strength of our national
existence.
In reference to the Army and Navy, lately employed with so much
distinction on active service, care shall be taken to insure the highest
condition of efficiency, and in furtherance of that object the military and
naval schools, sustained by the liberality of Congress, shall receive the
special attention of the Executive.
As American freemen we can not but sympathize in all efforts to
extend the blessings of civil and political liberty, but at the same time
we are warned by the admonitions of history and the voice of our own
beloved Washington to abstain from entangling alliances with foreign
nations. In all disputes between conflicting governments it is our inter-
est not less than our duty to remain strictly neutral, while our geograph-
ical position, the genius of our institutions and our people, the advancing
spirit of civilization, and, above all, the dictates of religion direct us to
the cultivation of peaceful and friendly relations with all other powers.
It is to be hoped that no international question can now arise which a
government confident in its own strength and resolved to protect its own
just rights may not settle by wise negotiation; and it eminently becomes a
government like our own, founded on the morality and intelligence of its
citizens and upheld by their affections, to exhaust every resort of honor-
able diplomacy before appealing to arms. In the conduct of our foreign
relations I shall conform to these views, as I believe them essential to
the best interests and the true honor of the country.
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The appointing power vested in the President imposes delicate and
onerous duties. So far as it is possible to be informed, I shall make
honesty, capacity, and fidelity indispensable prerequisites to the bestowal
of office, and the absence of either of these qualities shall be deemed suf-
ficient cause for removal.
It shall be my study to recommend such constitutional measures to
Congress as may be necessary and proper to secure encouragement and
protection to the great interests of agriculture, commerce, and manufac-
tures, to improve our rivers and harbors, to provide for the speedy extin-
guishment of the public debt, to enforce a strict accountability on the
part of all officers of the Government and the utmost economy in all pub-
lic expenditures; but it is for the wisdom of Congress itself, in which
all legislative powers are vested by the Constitution, to regulate these and
other matters of domestic policy. I shall look with confidence to the
enlightened patriotism of that body to adopt such measures of concilia-
tion as may harmonize conflicting interests and tend to perpetuate that
Union which should be the paramount object of our hopes and affections.
In any action calculated to promote an object so near the heart of every-
one who truly loves his country I will zealously unite with the coordinate
branches of the Government.
In conclusion I congratulate you, my fellow-citizens, upon the high
state of prosperity to which the goodness of Divine Providence has con-
ducted our common country. Let us invoke a continuance of the same
protecting care which has led us from small beginnings to the eminence
we this day occupy, and let us seek to deserve that continuance by pru-
dence and moderation in our councils, by well-directed attempts to assuage
the bitterness which too often marks unavoidable differences of opinion,
by the promulgation and practice of just and liberal principles, and by an
enlarged patriotism, which shall acknowledge no limits but those of our
own widespread Republic.
MARCH 5, 1849.
SPECIAL MESSAGES.
WASHINGTON, March 13, 1849.
To the Senate of the United States:
I herewith communicate to the Senate, in confidence, a report and
accompanying papers* from the Secretary of State, in answer to its res
olution of the 12th instant.
Z. TAYLOR.
* Instructions to United States minister at London relative to further extension of reciprocity
and equality in the laws of navigation, and contemplating the opening of the coasting trade of the
United States to the vessels of other nations.
Zachary Taylor
2545
To the Senate of the United States:
WASHINGTON, March 20, 1849.
In answer to the resolution of the Senate of yesterday, passed in exec-
utive session, requesting a communication of certain papers relative to
the amendments made by the Senate to the treaty of Guadalupe Hidalgo,
I transmit a report from the Secretary of State and the documents by
which it was accompanied. It is desirable that the latter should be
returned to the Department of State.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, March 22, 1849.
In compliance with the request contained in the resolution of the Sen-
ate yesterday, adopted in executive session, calling for certain papers in
relation to the amendments made by the Senate in the treaty of Guada-
lupe Hidalgo, I transmit a report from the Secretary of State and the
documents by which it was accompanied.
Z. TAYLOR.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
There is reason to believe that an armed expedition is about to be fitted
out in the United States with an intention to invade the island of Cuba
or some of the Provinces of Mexico. The best information which the
Executive has been able to obtain points to the island of Cuba as the ob-
ject of this expedition. It is the duty of this Government to observe the
faith of treaties and to prevent any aggression by our citizens upon the
territories of friendly nations. I have therefore thought it necessary and
proper to issue this my proclamation to warn all citizens of the United
States who shall connect themselves with an enterprise so grossly in
violation of our laws and our treaty obligations that they will thereby
subject theriselves to the heavy penalties denounced against them by
our acts of Congress and will forfeit their claim to the protection of their
country. No such persons must expect the interference of this Govern-
ment in any form on their behalf, no matter to what extremities they
may be reduced in consequence of their couduct. An enterprise to in-
vade the territories of a friendly nation, set on foot and prosecuted within
the limits of the United States, is in the highest degree criminal, as tend-
ing to endanger the peace and compromit the honor of this nation; and
therefore I exhort all good citizens, as they regard our national reputa-
tion, as they respect their own laws and the laws of nations, as they
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value the blessings of peace and the welfare of their country, to discoun
tenance and prevent by all lawful means any such enterprise; and I
call upon every officer of this Government, civil or military, to use all
efforts in his power to arrest for trial and punishment every such offender
against the laws providing for the performance of our sacred obligations
to friendly powers.
Given under my hand the 11th day of August, A. D. 1849, and the
seventy-fourth of the Independence of the United States.
By the President:
J. M. CLAYTON,
Secretary of State.
Z. TAYLOR.
EXECUTIVE ORDER.
GENERAL ORDERS, No. 34.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
Washington, June 19, 1849.
I. The following orders of the President of the United States and Sec-
retary of War communicate to the Army the death of the late ex-President,
James K. Polk:
WASHINGTON, June 19, 1849.
The President with deep regret announces to the American people
the death of James K. Polk, late President of the United States, which
occurred at Nashville on the 15th instant.
A nation is suddenly called upon to mourn the loss of one the recollec-
tion of whose long services in its councils will be forever preserved on
the tablets of history.
As a mark of respect to the memory of a citizen who has been distin-
guished by the highest honors which his country could bestow, it is ordered
that the Executive Mansion and the several Departments at Washington
be immediately placed in mourning and all business be suspended during
to-morrow.
It is further ordered that the War and Navy Departments cause suit-
able military and naval honors to be paid on this occasion to the memory
of the illustrious dead.
Z. TAYLOR.
WAR DEPARTMENT, June 19, 1849.
The President of the United States with deep regret announces to the
Army the death of James K. Polk, our distinguished and honored fellow-
citizen.
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2547
He died at Nashville the 15th instant, having but recently left the
theater of his high public duties at this capital and retired to his home
amid the congratulations of his fellow-citizens. He died in the prime of
life, after having received and enjoyed the highest honors of the Republic.
His Administration was eventful. No branch of the Government will
be more intimately associated with it in history than the Army and its
glorious achievements. Accordingly, the President orders that appro-
priate military honors shall be paid to his memory by the Army of the
United States.
The Adjutant-General will give the necessary instructions for carrying
into effect the foregoing orders.
G. W. CRAWFORD,
Secretary of War.
II. On the day succeeding the arrival of this general order at each mili-
tary post the troops will be paraded at 10 o'clock a. m. and the order read
to them, after which all labors for the day will cease.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and
at the close of the day a national salute of thirty guns.
The officers of the Army will wear crape on the left arm and on their
swords and the colors of the several regiments will be put in mourning
for the period of six months.
By order:
R. JONES, Adjutant-General.
FIRST ANNUAL MESSAGE.
WASHINGTON, December 4, 1849.
Fellow-Citizens of the Senate and House of Representatives:
Sixty years have elapsed since the establishment of this Government,
and the Congress of the United States again assembles to legislate for an
empire of freemen. The predictions of evil prophets, who formerly pre-
tended to foretell the downfall of our institutions, are now remembered
only to be derided, and the United States of America at this moment pre-
sent to the world the most stable and permanent Government on earth.
Such is the result of the labors of those who have gone before us.
Upon Congress will eminently depend the future maintenance of our
system of free government and the transmission of it unimpaired to
posterity.
We are at peace with all the other nations of the world, and seek to
maintain our cherished relations of amity with them. During the past
year we have been blessed by a kind Providence with an abundance of
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the fruits of the earth, and although the destroying angel for a time vis-
ited extensive portions of our territory with the ravages of a dreadful
pestilence, yet the Almighty has at length deigned to stay his hand and
to restore the inestimable blessing of general health to a people who have
acknowledged His power, deprecated His wrath, and implored His mer-
ciful protection.
While enjoying the benefits of amicable intercourse with foreign na-
tions, we have not been insensible to the distractions and wars which
have prevailed in other quarters of the world. It is a proper theme of
thanksgiving to Him who rules the destinies of nations that we have
been able to maintain amidst all these contests an independent and neu-
tral position toward all belligerent powers.
Our relations with Great Britain are of the most friendly character. In
consequence of the recent alteration of the British navigation acts, Brit-
ish vessels, from British and other foreign ports, will under our exist-
ing laws, after the 1st day of January next, be admitted to entry in our
ports with cargoes of the growth, manufacture, or production of any part
of the world on the same terms as to duties, imposts, and charges as ves-
sels of the United States with their cargoes, and our vessels will be
admitted to the same advantages in British ports, entering therein on the
same terms as British vessels. Should no order in council disturb this
legislative arrangement, the late act of the British Parliament, by which
Great Britain is brought within the terms proposed by the act of Con-
gress of the 1st of March, 1817, it is hoped will be productive of benefit
to both countries.
A slight interruption of diplomatic intercourse which occurred between
this Government and France, I am happy to say, has been terminated,
and our minister there has been received. It is therefore unnecessary to
refer now to the circumstances which led to that interruption. I need
not express to you the sincere satisfaction with which we shall welcome
the arrival of another envoy extraordinary and minister plenipotentiary
from a sister Republic to which we have so long been, and still remain,
bound by the strongest ties of amity.
Shortly after I had entered upon the discharge of the Executive duties
I was apprised that a war steamer belonging to the German Empire was
being fitted out in the harbor of New York with the aid of some of our
naval officers, rendered under the permission of the late Secretary of the
Navy. This permission was granted during an armistice between that
Empire and the Kingdom of Denmark, which had been engaged in the
Schleswig-Holstein war. Apprehensive that this act of intervention on
our part might be viewed as a violation of our neutral obligations incurred
by the treaty with Denmark and of the provisions of the act of Congress
of the 20th of April, 1818, I directed that no further aid should be ren-
dered by any agent or officer of the Navy; and I instructed the Secretary
of State to apprise the minister of the German Empire accredited to this
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2549
Government of my determination to execute the law of the United States
and to maintain the faith of treaties with all nations. The correspond-
ence which ensued between the Department of State and the minister
of the German Empire is herewith laid before you. The execution of
the law and the observance of the treaty were deemed by me to be due
to the honor of the country, as well as to the sacred obligations of the Con-
stitution. I shall not fail to pursue the same course should a similar
case arise with any other nation. Having avowed the opinion on tak-
ing the oath of office that in disputes between conflicting foreign govern-
ments it is our interest not less than our duty to remain strictly neutral,
I shall not abandon it. You will perceive from the correspondence sub-
mitted to you in connection with this subject that the course adopted in
this case has been properly regarded by the belligerent powers interested
in the matter.
Although a minister of the United States to the German Empire was
appointed by my predecessor in August, 1848, and has for a long time
been in attendance at Frankfort-on-the-Main, and although a minister
appointed to represent that Empire was received and accredited here, yet
no such government as that of the German Empire has been definitively
constituted. Mr. Donelson, our representative at Frankfort, remained
there several months in the expectation that a union of the German
States under one constitution or form of government might at length be
organized. It is believed by those well acquainted with the existing
relations between Prussia and the States of Germany that no such union
can be permanently established without her cooperation. In the event
of the formation of such a union and the organization of a central power
in Germany of which she should form a part, it would become neces-
sary to withdraw our minister at Berlin; but while Prussia exists as an
independent kingdom and diplomatic relations are maintained with her
there can be no necessity for the continuance of the mission to Frank-
fort. I have therefore recalled Mr. Donelson and directed the archives
of the legation at Frankfort to be transferred to the American legation
at Berlin.
Having been apprised that a considerable number of adventurers were
engaged in fitting out a military expedition within the United States
against a foreign country, and believing from the best information I
could obtain that it was destined to invade the island of Cuba, I deemed
it due to the friendly relations existing between the United States and
Spain, to the treaty between the two nations, to the laws of the United
States, and, above all, to the American honor to exert the lawful author-
ity of this Government in suppressing the expedition and preventing
the invasion. To this end I issued a proclamation enjoining it upon the
officers of the United States, civil and military, to use all lawful means
within their power. A copy of that proclamation is herewith submitted.
The expedition has been suppressed. So long as the act of Congress of
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the 20th of April, 1818, which owes its existence to the law of nations
and to the policy of Washington himself, shall remain on our statute
books, I hold it to be the duty of the Executive faithfully to obey its
injunctions.
While this expedition was in progress I was informed that a foreigner
who claimed our protection had been clandestinely and, as was supposed,
forcibly carried off in a vessel from New Orleans to the island of Cuba.
I immediately caused such steps to be taken as I thought necessary, in
case the information I had received should prove correct, to vindicate
the honor of the country and the right of every person seeking an asylum
on our soil to the protection of our laws. The person alleged to have
been abducted was promptly restored, and the circumstances of the case
are now about to undergo investigation before a judicial tribunal.
would respectfully suggest that although the crime charged to have
been committed in this case is held odious, as being in conflict with our
opinions on the subject of national sovereignty and personal freedom,
there is no prohibition of it or punishment for it provided in any act of
Congress. The expediency of supplying this defect in our criminal code
is therefore recommended to your consideration.
I have scrupulously avoided any interference in the wars and conten-
tions which have recently distracted Europe. During the late conflict
between Austria and Hungary there seemed to be a prospect that the
latter might become an independent nation. However faint that pros-
pect at the time appeared, I thought it my duty, in accordance with the
general sentiment of the American people, who deeply sympathized with
the Magyar patriots, to stand prepared, upon the contingency of the
establishment by her of a permanent government, to be the first to wel-
come independent Hungary into the family of nations. For this purpose
I invested an agent then in Europe with power to declare our willing-
ness promptly to recognize her independence in the event of her ability
to sustain it. The powerful intervention of Russia in the contest extin-
guished the hopes of the struggling Magyars. The United States did
not at any time interfere in the contest, but the feelings of the nation
were strongly enlisted in the cause, and by the sufferings of a brave
people, who had made a gallant, though unsuccessful, effort to be free.
Our claims upon Portugal have been during the past year prosecuted
with renewed vigor, and it has been my object to employ every effort
of honorable diplomacy to procure their adjustment. Our late chargé
d'affaires at Lisbon, the Hon. George W. Hopkins, made able and ener-
getic, but unsuccessful, efforts to settle these unpleasant matters of contro-
versy and to obtain indemnity for the wrongs which were the subjects of
complaint. Our present chargé d'affaires at that Court will also bring to
the prosecution of these claims ability and zeal. The revolutionary and
distracted condition of Portugal in past times has been represented as one
of the leading causes of her delay in indemnifying our suffering citizens.
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2551
But I must now say it is matter of profound regret that these claims have
not yet been settled. The omission of Portugal to do justice to the Ameri-
can claimants has now assumed a character so grave and serious that I
shall shortly make it the subject of a special message to Congress, with a
view to such ultimate action as its wisdom and patriotism may suggest.
With Russia, Austria, Prussia, Sweden, Denmark, Belgium, the Neth-
erlands, and the Italian States we still maintain our accustomed amicable
relations.
During the recent revolutions in the Papal States our chargé d'affaires
at Rome has been unable to present his letter of credence, which, indeed,
he was directed by my predecessor to withhold until he should receive
further orders. Such was the unsettled condition of things in those
States that it was not deemed expedient to give him any instructions on
the subject of presenting his credential letter different from those with
which he had been furnished by the late Administration until the 25th
of June last, when, in consequence of the want of accurate information of
the exact state of things at that distance from us, he was instructed to
exercise his own discretion in presenting himself to the then existing Gov-
ernment if in his judgment sufficiently stable, or, if not, to await further
events. Since that period Rome has undergone another revolution, and
he abides the establishment of a government sufficiently permanent to
justify him in opening diplomatic intercourse with it.
With the Republic of Mexico it is our true policy to cultivate the most
friendly relations. Since the ratification of the treaty of Guadalupe
Hidalgo nothing has occurred of a serious character to disturb them.
faithful observance of the treaty and a sincere respect for her rights can
not fail to secure the lasting confidence and friendship of that Repub-
lic. The message of my predecessor to the House of Representatives of
the 8th of February last, communicating, in compliance with a resolution
of that body, a copy of a paper called a protocol, signed at Queretaro on
the 30th of May, 1848, by the commissioners of the United States and
the minister of foreign affairs of the Mexican Government, having been
a subject of correspondence between the Department of State and the
envoy extraordinary and minister plenipotentiary of that Republic accred-
ited to this Government, a transcript of that correspondence is herewith
submitted.
The commissioner on the part of the United States for marking the
boundary between the two Republics, though delayed in reaching San
Diego by unforeseen obstacles, arrived at that place within a short period
after the time required by the treaty, and was there joined by the com-
missioner on the part of Mexico. They entered upon their duties, and at
the date of the latest intelligence from that quarter some progress had been
made in the survey. The expenses incident to the organization of the
commission and to its conveyance to the point where its operations were
to begin have so much reduced the fund appropriated by Congress that
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a further sum, to cover the charges which must be incurred during the
present fiscal year, will be necessary. The great length of frontier along
which the boundary extends, the nature of the adjacent territory, and the
difficulty of obtaining supplies except at or near the extremes of the line
render it also indispensable that a liberal provision should be made to
meet the necessary charges during the fiscal year ending on the 30th of
June, 1851. I accordingly recommend this subject to your attention.
In the adjustment of the claims of American citizens on Mexico, pro-
vided for by the late treaty, the employment of counsel on the part of the
Government may become important for the purpose of assisting the com-
missioners in protecting the interests of the United States. I recommend
this subject to the early and favorable consideration of Congress.
Complaints have been made in regard to the inefficiency of the means
provided by the Government of New Granada for transporting the United
States mail across the Isthmus of Panama, pursuant to our postal conven-
tion with that Republic of the 6th of March, 1844. Our chargé d'affaires
at Bogota has been directed to make such representations to the Govern-
ment of New Granada as will, it is hoped, lead to a prompt removal of
this cause of complaint.
The sanguinary civil war with which the Republic of Venezuela has for
some time past been ravaged has been brought to a close.
In its prog-
ress the rights of some of our citizens resident or trading there have
been violated. The restoration of order will afford the Venezuelan Gov-
ernment an opportunity to examine and redress these grievances and
others of longer standing which our representatives at Caracas have
hitherto ineffectually urged upon the attention of that Government.
The extension of the coast of the United States on the Pacific and the
unexampled rapidity with which the inhabitants of California especially
are increasing in numbers have imparted new consequence to our rela-
tions with the other countries whose territories border upon that ocean.
It is probable that the intercourse between those countries and our pos-
sessions in that quarter, particularly with the Republic of Chili, will
become extensive and mutually advantageous in proportion as California
and Oregon shall increase in population and wealth. It is desirable,
therefore, that this Government should do everything in its power to fos-
ter and strengthen its relations with those States, and that the spirit of
amity between us should be mutual and cordial.
I recommend the observance of the same course toward all other Amer-
ican States. The United States stand as the great American power, to
which, as their natural ally and friend, they will always be disposed first
to look for mediation and assistance in the event of any collision between
them and any European nation. As such we may often kindly mediate
in their behalf without entangling ourselves in foreign wars or unneces-
sary controversies. Whenever the faith of our treaties with any of them
shall require our interference, we must necessarily interpose.
Zachary Taylor
2553
A convention has been negotiated with Brazil providing for the satis-
faction of American claims on that Government, and it will be submitted
to the Senate. Since the last session of Congress we have received an
envoy extraordinary and minister plenipotentiary from that Empire, and
our relations with it are founded upon the most amicable understanding.
Your attention is earnestly invited to an amendment of our existing
laws relating to the African slave trade with a view to the effectual sup-
pression of that barbarous traffic. It is not to be denied that this trade
is still in part carried on by means of vessels built in the United States
and owned or navigated by some of our citizens. The correspondence
between the Department of State and the minister and consul of the
United States at Rio de Janeiro, which has from time to time been laid
before Congress, represents that it is a customary device to evade the
penalties of our laws by means of sea letters. Vessels sold in Brazil,
when provided with such papers by the consul, instead of returning to
the United States for a new register proceed at once to the coast of
Africa for the purpose of obtaining cargoes of slaves. Much additional
information of the same character has recently been transmitted to the
Department of State. It has not been considered the policy of our laws.
to subject an American citizen who in a foreign country purchases a
vessel built in the United States to the inconvenience of sending her
home for a new register before permitting her to proceed on a voyage.
Any alteration of the laws which might have a tendency to impede the
free transfer of property in vessels between our citizens, or the free navi-
gation of those vessels between different parts of the world when em-
ployed in lawful commerce, should be well and cautiously considered;
but I trust that your wisdom will devise a method by which our generai
policy in this respect may be preserved, and at the same time the abuse.
of our flag by means of sea letters, in the manner indicated, may be
prevented.
Having ascertained that there is no prospect of the reunion of the five
States of Central America which formerly composed the Republic of
that name, we have separately negotiated with some of them treaties
of amity and commerce, which will be laid before the Senate.
A contract having been concluded with the State of Nicaragua by a
company composed of American citizens for the purpose of constructing
a ship canal through the territory of that State to connect the Atlantic
and Pacific oceans, I have directed the negotiation of a treaty with Nica-
ragua pledging both Governments to protect those who shall engage in
and perfect the work. All other nations are invited by the State of
Nicaragua to enter into the same treaty stipulations with her; and the
benefit to be derived by each from such an arrangement will be the pro-
tection of this great interoceanic communication against any power which
might seek to obstruct it or to monopolize its advantages. All States
entering into such a treaty will enjoy the right of passage through the
2554
Messages and Papers of the Presidents
canal on payment of the same tolls. The work, if constructed under
these guaranties, will become a bond of peace instead of a subject of
contention and strife between the nations of the earth. Should the
great maritime States of Europe consent to this arrangement (and we
have no reason to suppose that a proposition so fair and honorable will
be opposed by any), the energies of their people and ours will cooperate
in promoting the success of the enterprise. I do not recommend any
appropriation from the National Treasury for this purpose, nor do I
believe that such an appropriation is necessary. Private enterprise, if
properly protected, will complete the work should it prove to be feasi-
ble. The parties who have procured the charter from Nicaragua for its
construction desire no assistance from this Government beyond its pro-
tection; and they profess that, having examined the proposed line of
communication, they will be ready to commence the undertaking when-
ever that protection shall be extended to them. Should there appear to
be reason, on examining the whole evidence, to entertain a serious doubt
of the practicability of constructing such a canal, that doubt could be
speedily solved by an actual exploration of the route.
Should such a work be constructed under the common protection of
all nations, for equal benefits to all, it would be neither just nor expedi-
ent that any great maritime state should command the communication.
The territory through which the canal may be opened ought to be freed
from the claims of any foreign power. No such power should occupy a
position that would enable it hereafter to exercise so controlling an influ-
ence over the commerce of the world or to obstruct a highway which
ought to be dedicated to the common uses of mankind.
The routes across the Isthmus at Tehuantepec and Panama are also
worthy of our serious consideration. They did not fail to engage the
attention of my predecessor. The negotiator of the treaty of Guadalupe
Hidalgo was instructed to offer a very large sum of money for the right
of transit across the Isthmus of Tehuantepec. The Mexican Govern-
ment did not accede to the proposition for the purchase of the right of
way, probably because it had already contracted with private individuals
for the construction of a passage from the Guasacualco River to Tehuan-
tepec. I shall not renew any proposition to purchase for money a right
which ought to be equally secured to all nations on payment of a rea-
sonable toll to the owners of the improvement, who would doubtless be
well contented with that compensation and the guaranties of the mari-
time states of the world in separate treaties negotiated with Mexico,
binding her and them to protect those who should construct the work.
Such guaranties would do more to secure the completion of the commu-
nication through the territory of Mexico than any other reasonable con-
sideration that could be offered; and as Mexico herself would be the
greatest gainer by the opening of this communication between the Gulf
and the Pacific Ocean, it is presumed that she would not hesitate to yield
Zachary Taylor
2555
her aid in the manner proposed to accomplish an improvement so impor-
tant to her own best interests.
We have reason to hope that the proposed railroad across the Isthmus
at Panama will be successfully constructed under the protection of the
late treaty with New Granada, ratified and exchanged by my predecessor
on the 10th day of June, 1848, which guarantees the perfect neutrality
of the Isthmus and the rights of sovereignty and property of New Gra-
nada over that territory, "with a view that the free transit from ocean
to ocean may not be interrupted or embarrassed" during the existence
of the treaty. It is our policy to encourage every practicable route across
the isthmus which connects North and South America, either by railroad
or canal, which the energy and enterprise of our citizens may induce them
to complete, and I consider it obligatory upon me to adopt that policy,
especially in consequence of the absolute necessity of facilitating inter-
course with our possessions on the Pacific.
The position of the Sandwich Islands with reference to the territory
of the United States on the Pacific, the success of our persevering and
benevolent citizens who have repaired to that remote quarter in Chris-
tianizing the natives and inducing them to adopt a system of government
and laws suited to their capacity and wants, and the use made by our
numerous whale ships of the harbors of the islands as places of resort for
obtaining refreshments and repairs all combine to render their destiny
peculiarly interesting to us. It is our duty to encourage the authorities
of those islands in their efforts to improve and elevate the moral and
political condition of the inhabitants, and we should make reasonable
allowances for the difficulties inseparable from this task. We desire that
the islands may maintain their independence and that other nations
should concur with us in this sentiment. We could in no event be in-
different to their passing under the dominion of any other power. The
principal commercial states have in this a common interest, and it is to
be hoped that no one of them will attempt to interpose obstacles to the
entire independence of the islands.
The receipts into the Treasury for the fiscal year ending on the 30th of
June last were, in cash, $48,830,097.50, and in Treasury notes funded
$10,833,000, making an aggregate of $59,663,097.50; and the expendi-
tures for the same time were, in cash, $46,798,667.82, and in Treasury
notes funded $10,833,000, making an aggregate of $57,631,667.82.
The accounts and estimates which will be submitted to Congress in the
report of the Secretary of the Treasury show that there will probably be
a deficit occasioned by the expenses of the Mexican War and treaty on
the 1st day of July next of $5,828,121.66, and on the 1st day of July,
1851, of $10,547,092.73, making in the whole a probable deficit to be pro-
vided for of $16,375,214.39. The extraordinary expenses of the war
with Mexico and the purchase of California and New Mexico exceed
in amount this deficit, together with the loans heretofore made for those
2556
Messages and Papers of the Presidents
objects. I therefore recommend that authority be given to borrow what
ever sum may be necessary to cover that deficit. I recommend the observ
ance of strict economy in the appropriation and expenditure of public
money.
I recommend a revision of the existing tariff and its adjustment on a
basis which may augment the revenue. I do not doubt the right or duty
of Congress to encourage domestic industry, which is the great source of
national as well as individual wealth and prosperity. I look to the wis
dom and patriotism of Congress for the adoption of a system which may
place home labor at last on a sure and permanent footing and by due
encouragement of manufactures give a new and increased stimulus to
agriculture and promote the development of our vast resources and the
extension of our commerce. Believing that to the attainment of these
ends, as well as the necessary augmentation of the revenue and the pre-
vention of frauds, a system of specific duties is best adapted, I strongly
recommend to Congress the adoption of that system, fixing the duties at
rates high enough to afford substantial and sufficient encouragement to
our own industry and at the same time so adjusted as to insure stability.
The question of the continuance of the subtreasury system is respect-
fully submitted to the wisdom of Congress. If continued, important
modifications of it appear to be indispensable.
For further details and views on the above and other matters connected
with commerce, the finances, and revenue I refer to the report of the
Secretary of the Treasury.
No direct aid has been given by the General Government to the im-
provement of agriculture except by the expenditure of small sums for
the collection and publication of agricultural statistics and for some
chemical analyses, which have been thus far paid for out of the patent
fund. This aid is, in my opinion, wholly inadequate. To give to this
leading branch of American industry the encouragement which it merits,
I respectfully recommend the establishment of an agricultural bureau,
to be connected with the Department of the Interior. To elevate the
social condition of the agriculturist, to increase his prosperity, and to
extend his means of usefulness to his country, by multiplying his sources
of information, should be the study of every statesman and a primary
object with every legislator.
No civil government having been provided by Congress for California,
the people of that Territory, impelled by the necessities of their polit-
ical condition, recently met in convention for the purpose of forming
a constitution and State government, which the latest advices give me
reason to suppose has been accomplished; and it is believed they will
shortly apply for the admission of California into the Union as a sover-
eign State. Should such be the case, and should their constitution be
conformable to the requisitions of the Constitution of the United States,
I recommend their application to the favorable consideration of Congress.
Zachary Taylor
2557
The people of New Mexico will also, it is believed, at no very distant
period present themselves for admission into the Union. Preparatory to
the admission of California and New Mexico the people of each will have
instituted for themselves a republican form of government, "laying its
foundation in such principles and organizing its powers in such form
as to them shall seem most likely to effect their safety and happiness."
By awaiting their action all causes of uneasiness may be avoided and
confidence and kind feeling preserved. With a view of maintaining
the harmony and tranquillity so dear to all, we should abstain from the
introduction of those exciting topics of a sectional character which
have hitherto produced painful apprehensions in the public mind; and I
repeat the solemn warning of the first and most illustrious of my pred-
ecessors against furnishing "any ground for characterizing parties by
geographical discriminations."
A collector has been appointed at San Francisco under the act of Con-
gress extending the revenue laws over California, and measures have
been taken to organize the custom-houses at that and the other ports
inentioned in that act at the earliest period practicable. The collector
proceeded overland, and advices have not yet been received of his arrival
at San Francisco. Meanwhile, it is understood that the customs have
continued to be collected there by officers acting under the military
authority, as they were during the Administration of my predecessor.
It will, I think, be expedient to confirm the collections thus made, and
direct the avails (after such allowances as Congress may think fit to
authorize) to be expended within the Territory or to be paid into the
Treasury for the purpose of meeting appropriations for the improvement
of its rivers and harbors.
A party engaged on the coast survey was dispatched to Oregon in Jan-
uary last. According to the latest advices, they had not left California;
and directions have been given to them, as soon as they shall have fixed
on the sites of the two light-houses and the buoys authorized to be con-
structed and placed in Oregon, to proceed without delay to make recon-
noissances of the most important points on the coast of California, and
especially to examine and determine on sites for light-houses on that
coast, the speedy erection of which is urgently demanded by our rapidly
increasing commerce.
I have transferred the Indian agencies from upper Missouri and Council
Bluffs to Santa Fe and Salt Lake, and have caused to be appointed sub-
agents in the valleys of the Gila, the Sacramento, and the San Joaquin
rivers. Still further legal provisions will be necessary for the effective
and successful extension of our system of Indian intercourse over the
new territories.
I recommend the establishment of a branch mint in California, as it
will, in my opinion, afford important facilities to those engaged in min-
ing, as well as to the Government in the disposition of the mineral lands.
2558
Messages and Papers of the Presidents
I also recommend that commissions be organized by Congress to ex-
amine and decide upon the validity of the present subsisting land titles
in California and New Mexico, and that provision be made for the estab-
lishment of offices of surveyor-general in New Mexico, California, and
Oregon and for the surveying and bringing into market the public lands
in those Territories. Those lands, remote in position and difficult of
access, ought to be disposed of on terms liberal to all, but especially
favorable to the early emigrants.
In order that the situation and character of the principal mineral de-
posits in California may be ascertained, I recommend that a geological
and mineralogical exploration be connected with the linear surveys, and
that the mineral lands be divided into small lots suitable for mining and
be disposed of by sale or lease, so as to give our citizens an opportunity
of procuring a permanent right of property in the soil. This would seem
to be as important to the success of mining as of agricultural pursuits.
The great mineral wealth of California and the advantages which its
ports and harbors and those of Oregon afford to commerce, especially with
the islands of the Pacific and Indian oceans and the populous regions of
eastern Asia, make it certain that there will arise in a few years large and
prosperous communities on our western coast. It therefore becomes im-
portant that a line of communication, the best and most expeditious which
the nature of the country will admit, should be opened within the terri-
tory of the United States from the navigable waters of the Atlantic or the
Gulf of Mexico to the Pacific. Opinion, as elicited and expressed by two
large and respectable conventions lately assembled at St. Louis and Mem-
phis, points to a railroad as that which, if practicable, will best meet the
wishes and wants of the country. But while this, if in successful opera-
tion, would be a work of great national importance and of a value to the
country which it would be difficult to estimate, it ought also to be regarded
as an undertaking of vast magnitude and expense, and one which must,
if it be indeed practicable, encounter many difficulties in its construction
and use. Therefore, to avoid failure and disappointment; to enable Con-
gress to judge whether in the condition of the country through which it
must pass the work be feasible, and, if it be found so, whether it should
be undertaken as a national improvement or left to individual enterprise,
and in the latter alternative what aid, if any, ought to be extended to it by
the Government, I recommend as a preliminary measure a careful recon-
noissance of the several proposed routes by a scientific corps and a report
as to the practicability of making such a road, with an estimate of the
cost of its construction and support.
For further views on these and other matters connected with the duties
of the home department I refer you to the report of the Secretary of the
Interior.
I recommend early appropriations for continuing the river and harbor
improvements which have been already begun, and also for the construc-
Zachary Taylor
2559
tion of those for which estimates have been made, as well as for exami-
nations and estimates preparatory to the commencement of such others
as the wants of the country, and especially the advance of our popula-
tion over new districts and the extension of commerce, may render neces-
sary. An estimate of the amount which can be advantageously expended
within the next fiscal year under the direction of the Bureau of Topo-
graphical Engineers accompanies the report of the Secretary of War, to
which I respectfully invite the attention of Congress.
The cession of territory made by the late treaty with Mexico has
greatly extended our exposed frontier and rendered its defense more
difficult. That treaty has also brought us under obligations to Mexico,
to comply with which a military force is requisite. But our military
establishment is not materially changed as to its efficiency from the con-
dition in which it stood before the commencement of the Mexican War.
Some addition to it will therefore be necessary, and I recommend to the
favorable consideration of Congress an increase of the several corps of
the Army at our distant Western posts, as proposed in the accompany-
ing report of the Secretary of War.
Great embarrassment has resulted from the effect upon rank in the
Army heretofore given to brevet and staff commissions. The views of
the Secretary of War on this subject are deemed important, and if carried
into effect will, it is believed, promote the harmony of the service. The
plan proposed for retiring disabled officers and providing an asylum for
such of the rank and file as from age, wounds, and other infirmities occa-
sioned by service have become unfit to perform their respective duties
is recommended as a means of increasing the efficiency of the Army and
as an act of justice due from a grateful country to the faithful soldier.
The accompanying report of the Secretary of the Navy presents a full
and satisfactory account of the condition and operations of the naval
service during the past year. Our citizens engaged in the legitimate
pursuits of commerce have enjoyed its benefits. Wherever our national
vessels have gone they have been received with respect, our officers have
been treated with kindness and courtesy, and they have on all occasions
pursued a course of strict neutrality, in accordance with the policy of our
Government.
The naval force at present in commission is as large as is admissible
with the number of men authorized by Congress to be employed.
I invite your attention to the recommendation of the Secretary of the
Navy on the subject of a reorganization of the Navy in its various grades
of officers, and the establishing of a retired list for such of the officers as
are disqualified for active and effective service. Should Congress adopt
some such measure as is recommended, it will greatly increase the effi-
ciency of the Navy and reduce its expenditures.
I also ask your attention to the views expressed by him in reference to
the employment of war steamers and in regard to the contracts for the
2560
Messages and Papers of the Presidents
transportation of the United States mails and the operation of the system
upon the prosperity of the Navy.
By an act of Congress passed August 14, 1848, provision was made for
extending post-office and mail accommodations to California and Oregon.
Exertions have been made to execute that law, but the limited provi-
sions of the act, the inadequacy of the means it authorizes, the ill adap-
tation of our post-office laws to the situation of that country, and the
measure of compensation for services allowed by those laws, compared
with the prices of labor and rents in California, render those exertions
in a great degree ineffectual. More particular and efficient provision by
law is required on this subject.
The act of 1845 reducing postage has now, by its operation during
four years, produced results fully showing that the income from such
reduced postage is sufficient to sustain the whole expense of the service
of the Post-Office Department, not including the cost of transportation in
mail steamers on the lines from New York to Chagres and from Panama
to Astoria, which have not been considered by Congress as properly be-
longing to the mail service.
It is submitted to the wisdom of Congress whether a further reduction
of postage should not now be made, more particularly on the letter cor-
respondence. This should be relieved from the unjust burden of trans-
porting and delivering the franked matter of Congress, for which public
service provision should be made from the Treasury. I confidently
believe that a change may safely be made reducing all single-letter
postage to the uniform rate of 5 cents, regardless of distance, without
thereby imposing any greater tax on the Treasury than would constitute
a very moderate compensation for this public service; and I therefore
respectfully recommend such a reduction. Should Congress prefer to
abolish the franking privilege entirely, it seems probable that no demand
on the Treasury would result from the proposed reduction of postage.
Whether any further diminution should now be made, or the result of
the reduction to 5 cents, which I have recommended, should be first
tested, is submitted to your decision.
Since the commencement of the last session of Congress a postal treaty
with Great Britain has been received and ratified, and such relations have
been formed by the post-office departments of the two countries in pur-
suance of that treaty as to carry its provisions into full operation. The
attempt to extend this same arrangement through England to France
has not been equally successful, but the purpose has not been abandoned.
For a particular statement of the condition of the Post-Office Depart-
ment and other matters connected with that branch of the public service
I refer you to the report of the Postmaster-General.
By the act of the 3d of March, 1849, a board was constituted to make
arrangements for taking the Seventh Census, composed of the Secretary
of State, the Attorney-General, and the Postmaster-General; and it was
Zachary Taylor
2561
made the duty of this board "to prepare and cause to be printed such
forms and schedules as might be necessary for the full enumeration of
the inhabitants of the United States, and also proper forms and sched-
ules for collecting in statistical tables, under proper heads, such infor-
mation as to mines, agriculture, commerce, manufactures, education, and
other topics as would exhibit a full view of the pursuits, industry, edu-
cation, and resources of the country." The duties enjoined upon the
census board thus established having been performed, it now rests with
Congress to enact a law for carrying into effect the provision of the Con-
stitution which requires an actual enumeration of the people of the United
States within the ensuing year.
Among the duties assigned by the Constitution to the General Gov-
ernment is one of local and limited application, but not on that account
the less obligatory. I allude to the trust committed to Congress as the
exclusive legislator and sole guardian of the interests of the District of
Columbia. I beg to commend these interests to your kind attention.
As the national metropolis the city of Washington must be an object of
general interest; and founded, as it was, under the auspices of him whose
immortal name it bears, its claims to the fostering care of Congress pre-
sent themselves with additional strength. Whatever can contribute to
its prosperity must enlist the feelings of its constitutional guardians and
command their favorable consideration.
Our Government is one of limited powers, and its successful adminis-
tration eminently depends on the confinement of each of its coordinate
branches within its own appropriate sphere. The first section of the
Constitution ordains that—
All legislative powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of Representatives.
The Executive has authority to recommend (not to dictate) measures
to Congress. Having performed that duty, the executive department of
the Government can not rightfully control the decision of Congress on
any subject of legislation until that decision shall have been officially
submitted to the President for approval. The check provided by the
Constitution in the clause conferring the qualified veto will never be
exercised by me except in the cases contemplated by the fathers of the
Republic. I view it as an extreme measure, to be resorted to only in
extraordinary cases, as where it may become necessary to defend the ex-
ecutive against the encroachments of the legislative power or to prevent
hasty and inconsiderate or unconstitutional legislation. By cautiously
confining this remedy within the sphere prescribed to it in the cotempo-
raneous expositions of the framers of the Constitution, the will of the
people, legitimately expressed on all subjects of legislation through their
constitutional organs, the Senators and Representatives of the United
States, will have its full effect. As indispensable to the preservation
2562
Messages and Papers of the Presidents
of our system of self-government, the independence of the representa-
tives of the States and the people is guaranteed by the Constitution,
and they owe no responsibility to any human power but their constitu-
ents. By holding the representative responsible only to the people, and
exempting him from all other influences, we elevate the character of the
constituent and quicken his sense of responsibility to his country. It
is under these circumstances only that the elector can feel that in the
choice of the lawmaker he is himself truly a component part of the sov-
ereign power of the nation. With equal care we should study to defend
the rights of the executive and judicial departments. Our Government
can only be preserved in its purity by the suppression and entire elimina-
tion of every claim or tendency of one coordinate branch to encroach-
ment upon another. With the strict observance of this rule and the
other injunctions of the Constitution, with a sedulous inculcation of that
respect and love for the Union of the States which our fathers cherished
and enjoined upon their children, and with the aid of that overruling
Providence which has so long and so kindly guarded our liberties and
institutions, we may reasonably expect to transmit them, with their innu-
merable blessings, to the remotest posterity.
But attachment to the Union of the States should be habitually fos-
tered in every American heart. For more than half a century, during
which kingdoms and empires have fallen, this Union has stood unshaken.
The patriots who formed it have long since descended to the grave; yet
still it remains, the proudest monument to their memory and the object
of affection and admiration with everyone worthy to bear the American
name. In my judgment its dissolution would be the greatest of calami-
ties, and to avert that should be the study of every American. Upon
its preservation must depend our own happiness and that of countless
generations to come. Whatever dangers may threaten it, I shall stand
by it and maintain it in its integrity to the full extent of the obligations
imposed and the powers conferred upon me by the Constitution.
Z. TAYLOR.
SPECIAL MESSAGES.
To the Senate of the United States:
WASHINGTON, December 17, 1849.
I transmit to the Senate, for its consideration with a view to ratification,
a convention between the United States and His Majesty the Emperor of
Brazil, signed at Rio de Janeiro on the 27th of January last, providing for
the adjustment of claims of citizens of the United States on the Brazilian
Government. A copy of a dispatch from Mr. Tod, the United States
minister at Rio de Janeiro, relative to the convention is also herewith
Zachary Taylor
2563
communicated.
As it is understood that the Emperor's ratification is
ready to be exchanged for that of the United States, and as the period
limited for the exchange will expire on the 27th of next month, it is desir-
able that the decision of the Senate in regard to the instrument should be
known as soon as may be convenient.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, December 21, 1849.
I transmit to the Senate, for its consideration with a view to ratifi-
cation, a treaty between the United States and His Majesty the King
of the Hawaiian Islands, yesterday concluded and signed in this city on
the part of the respective Governments by the Secretary of State of the
United States and by James Jackson Jarves, His Hawaiian Majesty's
special commissioner.
Z. TAYLOR.
WASHINGTON, December 27, 1849.
To the Senate and House of Representatives:
In consequence of the unexpected delay in proceeding to business, I
deem it necessary to invite the immediate attention of Congress to so
much of the report of the Secretary of the Treasury as relates to the
appropriations required for the expenses of collecting the revenue for
the second half of the current fiscal year.
Z. TAYLOR.
WASHINGTON, January 4, 1850.
To the Senate and House of Representatives of the United States:
I herewith submit to you copies of a correspondence with the lady of
Sir John Franklin, relative to the well-known expedition under his com-
mand to the arctic regions for the discovery of a northwest passage. On
the receipt of her first letter imploring the aid of the American Govern-
ment in a search for the missing ships engaged in an enterprise which
interested all civilized nations, I anxiously sought the means of affording
that assistance, but was prevented from accomplishing the object I had
in view in consequence of the want of vessels suitable to encounter the
perils of a proper exploration, the lateness of the season, and the want of
an appropriation by Congress to enable me to furnish and equip an effi-
cient squadron for that object. All that I could do in compliance with a
request which I was deeply anxious to gratify was to cause the adver-
tisements of reward promulged by the British Government and the best
information I could obtain as to the means of finding the vessels under
the command of Sir John Franklin to be widely circulated among our
whalers and seafaring men whose spirit of enterprise might lead them to
the inhospitable regions where that heroic officer and his brave followers,
2564
Messages and Papers of the Presidents
who periled their lives in the cause of science and for the benefit of the
world, were supposed to be imprisoned among the icebergs or wrecked
upon a desert shore.
Congress being now in session, the propriety and expediency of an
appropriation for fitting out an expedition to proceed in search of the
missing ships, with their officers and crews, is respectfully submitted to
your consideration.
Z. TAYLOR.
EXECUTIVE OFFICE, January 14, 1850.
The PRESIDENT OF THE SENATE OF THE UNITED STATES.
SIR: I transmit herewith, to be laid before the Senate for its consti-
tutional action thereon, a treaty concluded with the half-breeds of the
Dacotah or Sioux Indians for lands reserved for them in the treaty of July
15, 1830, with the Sioux and other Indians, with accompanying papers.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, January 14, 1850.
I herewith transmit reports from the Secretary of State and the Secre-
tary of the Navy, containing the information called for by the resolution
of the Senate of the 7th instant, in relation to the abduction* of Rey,.
alias Garcia, from New Orleans.
Z. TAVLOR.
To the Senate of the United States:
WASHINGTON, January 14, 1850.
I transmit to the Senate, for their consideration, a copy of a correspond
ence between the Department of State and the chargé d'affaires of Austria
near this Government, on the subject of the convention for the extension
of certain stipulations contained in the treaty of commerce and naviga-
tion of August 27, 1829, between the United States and Austria, con-
cluded and signed on the 8th of May, 1848, and submitted to the Senate
on the same day by my predecessor.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, January 23, 1850,
I transmit to the Senate, in answer to a resolution of that body passed
on the 17th instant, the accompanying reports of heads of Departments,
which contain all the official information in the possession of the Execu
tive asked for by the resolution.
*
By the Spanish consul at New Orleans.
Zachary Taylor
2565
On coming into office I found the military commandant of the Depart-
ment of California exercising the functions of civil governor in that Ter-
ritory, and left, as I was, to act under the treaty of Guadalupe Hidalgo,
without the aid of any legislative provision establishing a government in
that Territory, I thought it best not to disturb that arrangement, made
ander my predecessor, until Congress should take some action on that
subject. I therefore did not interfere with the powers of the military
commandant, who continued to exercise the functions of civil governor
as before; but I made n, such appointment, conferred no such authority,
and have allowed no increased compensation to the commandant for his
services.
With a view to the faithful execution of the treaty so far as lay in the
power of the Executive, and to enable Congress to act at the present ses-
sion with as full knowledge and as little difficulty as possible on all mat-
ters of interest in these Territories, I sent the Hon. Thomas Butler King
as bearer of dispatches to California, and certain officers to California and
New Mexico, whose duties are particularly defined in the accompanying
letters of instruction addressed to them severally by the proper Depart-
inents.
I did not hesitate to express to the people of those Territories my desire
that each Territory should, if prepared to comply with the requisitions of
the Constitution of the United States, form a plan of a State constitution
and submit the same to Congress with a prayer for admission into the
Union as a State, but I did not anticipate, suggest, or authorize the estab-
lishment of any such government without the assent of Congress, nor did
I authorize any Government agent or officer to interfere with or exercise
any influence or control over the election of delegates or over any con-
vention in making or modifying their domestic institutions or any of the
provisions of their proposed constitution. On the contrary, the instruc-
tions given by my orders were that all measures of domestic policy adopted
by the people of California must originate solely with themselves; that
while the Executive of the United States was desirous to protect them in
the formation of any government republican in its character, to be at the
proper time submitted to Congress, yet it was to be distinctly understood
that the plan of such a government must at the same time be the result
of their own deliberate choice and originate with themselves, without the
interference of the Executive.
I am unable to give any information as to laws passed by any supposed
government in California or of any census taken in either of the Ter-
ritories mentioned in the resolution, as I have no information on those
subjects.
As already stated, I have not disturbed the arrangements which I
found had existed under my predecessor.
In advising an early application by the people of these Territories for
admission as States Ì was actuated principally by an earnest desire to
2566
Messages and Papers of the Presidents
afford to the wisdom and patriotism of Congress the opportunity of avoid-
ing occasions of bitter and angry dissensions among the people of the
United States.
Under the Constitution every State has the right of establishing and
from time to time altering its municipal laws and domestic institutions
independently of every other State and of the General Government, sub-
ject only to the prohibitions and guaranties expressly set forth in the
Constitution of the United States. The subjects thus left exclusively to
the respective States were not designed or expected to become topics of
national agitation. Still, as under the Constitution Congress has power
to make all needful rules and regulations respecting the Territories of
the United States, every new acquisition of territory has led to discus-
sions on the question whether the system of involuntary servitude which
prevails in many of the States should or should not be prohibited in that
territory. The periods of excitement from this cause which have here-
tofore occurred have been safely passed, but during the interval, of what-
ever length, which may elapse before the admission of the Territories
ceded by Mexico as States it appears probable that similar excitement
will prevail to an undue extent.
Under these circumstances I thought, and still think, that it was my
duty to endeavor to put it in the power of Congress, by the admission of
California and New Mexico as States, to remove all occasion for the un-
necessary agitation of the public mind.
It is understood that the people of the western part of California have
formed a plan of a State constitution and will soon submit the same to
the judgment of Congress and apply for admission as a State. This
course on their part, though in accordance with, was not adopted exclu-
sively in consequence of, any expression of my wishes, inasmuch as meas-
ures tending to this end had been promoted by the officers sent there by
my predecessor, and were already in active progress of execution before
any communication from me reached California. If the proposed con-
stitution shall, when submitted to Congress, be found to be in compliance
with the requisitions of the Constitution of the United States, I earnestly
recommend that it may receive the sanction of Congress.
The part of California not included in the proposed State of that name
is believed to be uninhabited, except in a settlement of our countrymen
in the vicinity of Salt Lake.
A claim has been advanced by the State of Texas to a very large por-
tion of the most populous district of the Territory commonly designated
by the name of New Mexico. If the people of New Mexico had formed
a plan of a State government for that Territory as ceded by the treaty
of Guadalupe Hidalgo, and had been admitted by Congress as a State,
our Constitution would have afforded the means of obtaining an adjust-
ment of the question of boundary with Texas by a judicial decision. At
present, however, no judicial tribunal has the power of deciding that
Zachary Taylor
2567
question, and it remains for Congress to devise some mode for its adjust-
ment. Meanwhile I submit to Congress the question whether it would
be expedient before such adjustment to establish a Territorial govern-
ment, which by including the district so claimed would practically decide
the question adversely to the State of Texas, or by excluding it would
decide it in her favor. In my opinion such a course would not be expedi-
ent, especially as the people of this Territory still enjoy the benefit and pro-
tection of their municipal laws originally derived from Mexico and have
a military force stationed there to protect them against the Indians. It
is undoubtedly true that the property, lives, liberties, and religion of the
people of New Mexico are better protected than they ever were before
the treaty of cession.
Should Congress, when California shall present herself for incorpora-
tion into the Union, annex a condition to her admission as a State affect-
ing her domestic institutions contrary to the wishes of her people, and
even compel her temporarily to comply with it, yet the State could change
her constitution at any time after admission when to her it should seem
expedient. Any attempt to deny to the people of the State the right of
self-government in a matter which peculiarly affects themselves will in-
fallibly be regarded by them as an invasion of their rights, and, upon the
principles laid down in our own Declaration of Independence, they will
certainly be sustained by the great mass of the American people. To
assert that they are a conquered people and must as a State submit to the
will of their conquerors in this regard will meet with no cordial response
among American freemen. Great numbers of them are native citizens
of the United States, not inferior to the rest of our countrymen in intelli-
gence and patriotism, and no language of menace to restrain them in the
exercise of an undoubted right, substantially guaranteed to them by the
treaty of cession itself, shall ever be uttered by me or encouraged and
sustained by persons acting under my authority. It is to be expected
that in the residue of the territory ceded to us by Mexico the people
residing there will at the time of their incorporation into the Union as a
State settle all questions of domestic policy to suit themselves.
No material inconvenience will result from the want for a short period
of a government established by Congress over that part of the territory
which lies eastward of the new State of California; and the reasons for
my opinion that New Mexico will at no very distant period ask for admis-
sion into the Union are founded on unofficial information which, I sup-
pose, is common to all who have cared to make inquiries on that subject.
Seeing, then, that the question which now excites such painful sensa-
tions in the country will in the end certainly be settled by the silent
effect of causes independent of the action of Congress, I again submit to
your wisdom the policy recommended in my annual message of awaiting
the salutary operation of those causes, believing that we shall thus avoid
the creation of geographical parties and secure the harmony of feeling so
83
2568
Messages and Papers of the Presidents
necessary to the beneficial action of our political system. Connected, as
the Union is, with the remembrance of past happiness, the sense of pres-
ent blessings, and the hope of future peace and prosperity, every dictate
of wisdom, every feeling of duty, and every emotion of patriotism tend
to inspire fidelity and devotion to it and admonish us cautiously to avoid
any unnecessary controversy which can either endanger it or impair its
strength, the chief element of which is to be found in the regard and
affection of the people for each other.
Z. TAYLOR.
[A similar message, dated January 21, 1850, was sent to the House of
Representatives, in answer to a resolution of that body.]
To the Senate of the United States:
WASHINGTON, January 23, 1850.
I transmit to the Senate a copy of the convention between the United
States and His Majesty the Emperor of Brazil, providing for the satisfac-
tion of claims of citizens of the United States against the Brazilian Gov-
ernment, signed at Rio de Janeiro on the 27th of January last, and the
ratifications of which were exchanged in this city on the 18th instant. It
is desirable that Congress should prescribe the mode in which the claims
referred to are to be adjusted and the money stipulated to be paid by
Brazil shall be distributed amongst the claimants. Extracts from dis-
patches of the minister of the United States at Rio de Janeiro and a copy
of a letter from an agent of claimants there are also herewith commu-
nicated, to which your attention is invited. I have authorized our min-
ister to demand, receive, and give acquittances for the amount payable
by Brazil, and have caused him to be instructed to remit the same to
the Treasury of the United States.
Z. TAYLOR.
[The same message was sent to the House of Representatives.]
WASHINGTON, January 30, 1850.
To the Senate of the United States:
In reply to the resolution of the Senate of the 7th instant, requesting
of me all the official correspondence since the 4th of March last between
this Government and its military authorities at Santa Fe or with the
authorities of the State of Texas relating to the boundary or occupation.
of Texas, and the reasons why the judicial authority of Texas has not
been recognized by the military authority at Santa Fe, I herewith submit
the accompanying reports, which contain the information called for by the
resolution.
I have not been informed of any acts of interference by the military
forces stationed at Santa Fe with the judicial authority of Texas estab-
lished or sought to be established there. I have received no communi-
Zachary Taylor
2569
cation from the governor of Texas on any of the matters referred to in
the resolution. And I concur in the opinion expressed by my predeces-
sor in the letter addressed by the late Secretary of State to the governor
of Texas on the 12th day of February, 1847, that the boundary between
the State of Texas and the Territory of New Mexico "is a subject which
more properly belongs to the legislative than to the executive branch
of the Government.”
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, February 6, 1850.
In reply to the resolution of the Senate of the 28th ultimo, I have
to state that the resolution of the Senate of the 2d of March, 1849, re-
specting James W. Schaumburg, was in April of that year submitted for
the opinion of the Attorney-General upon questions arising in the case.
No opinion had been given by him when it became necessary, prior to
the meeting of the Senate, to prepare the nominations for promotions
in the Army. The nomination of Lieutenant Ewell was then decided
upon, after due consideration was given to the resolution of the Senate
of the 2d of March, 1849.
I herewith submit a report from the Secretary of War, showing the
grounds upon which the decision above referred to was made.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, February 13, 1850.
I have received a resolution of the Senate of the 28th ultimo, request-
ing the President of the United States "to cause to be laid before the
Senate, in open session if in his opinion consistent with the public interest,
otherwise in executive session, copies of all instructions and communica-
tions of the late Secretary of State to our late chargé d'affaires to Guate-
mala and all dispatches and communications from said chargé d'affaires
to the Department of State, including any conventions or treaties he may
have concluded with either of the States composing the late Republic of
Central America; and also all correspondence between our said chargé
d'affaires and the Government or representatives of either of said States;
and also all instructions and communications from the present Secretary
of State to our late chargé d'affaires or our present chargé d'affaires
to either of said States and all dispatches or communications from our
chargé d'affaires to the Department of State, including any conventions
or treaties he may have concluded with either of said States; and also
all correspondence between the Department of State and either of said
chargés d'affaires touching the so-called Kingdom of the Mosquitos and the
right of way from the Atlantic to the Pacific through Lake Nicaragua."
2570
Messages and Papers of the Presidents
The information called for by this resolution will be cheerfully com-
municated to the Senate as soon as it shall be found to be compatible
with the public interest.
Z. TAYLOR.
WASHINGTON, February 13, 1850.
To the House of Representatives of the United States:
I have received a resolution of the House of Representatives of the 24th
ultimo, requesting the President of the United States "to communicate
to that body (provided the publication thereof be not prejudicial to the
public interest) all such information as may be within the knowledge of
the executive department relative to the alleged extraordinary proceed-
ings of the English Government in the forcible seizure and occupation of
the island of Tigre, in the State of Nicaragua, Central America; also
all facts, circumstances, or communications within the knowledge of the
Executive relative to any seizure, occupation, or attempted seizure or
occupation, by the English Government of any port, river, town, territory,
or island belonging to or claimed by any of the States of Central America;
also that he be requested to communicate to this House, if not incompat-
ible with the public interest, all treaties not heretofore published which
may have been negotiated with any of the States of Central America by
any person acting by authority from the late Administration or under
the auspices of the present Executive." The information called for by
this resolution will be cheerfully communicated to the House as soon
as it shall be found compatible with the public interest.
Z. TAYLOR.
WASHINGTON, February 13, 1850.
To the House of Representatives of the United States:
I transmit herewith to the House of Representatives, for the informa-
tion of that body, an authenticated copy of the constitution of the State
of California, received by me from General Riley.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, February 13, 1850.
I transmit herewith to the Senate, for the information of that body, an
authenticated copy of the constitution of California, received by me from
the Hon. William M. Gwyn.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, March 1, 1850.
In reply to the resolution of the Senate of the 12th ultimo, requesting
the President of the United States to inform the Senate of the amount
C (
Zachary Taylor
2571
of prize money paid into the Treasury in conformity with the eighteenth
section of the act of March 3, 1849," etc., I transmit herewith a report
from the Secretary of the Navy, with accompanying documents.
Z. TAYLOR.
WASHINGTON, March 4, 1850.
To the Senate and House of Representatives of the United States:
I herewith transmit to Congress copies of a recent correspondence
between the Department of State and the British minister at Washing-
ton, relating to subjects* which seem to require the consideration of the
legislative rather than the executive branch of the Government.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, March 6, 1850.
In answer to the inquiries contained in the resolution of the Senate
of the 4th instant, in relation to the appointment of postmasters by the
Postmaster-General, I send to the Senate herewith the letter of the Post-
master-General furnishing the desired information.
Z. TAYLOR.
To the Senate of the United States:
MARCH 8, 1850.
The Postmaster-General has this day communicated to me the letter
herewith transmitted, in addition to his communication by me sent to
the Senate on the 6th instant, in relation to the inquiries contained in the
resolution of the Senate as to the appointment of postmasters.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, March 19, 1850.
I transmit herewith, for the consideration and constitutional action of
the Senate, a communication from the Secretary of the Interior, covering
two treaties with Indians of New Mexico, one negotiated with the Navajo
tribe on the 9th of September last by Colonel John Washington, of the
Army, and J. S. Calhoun, United States Indian agent at Santa Fe, and
the other with the Utah tribe, negotiated by J. S. Calhoun on the 13th
of December last.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, March 19, 1850.
I herewith transmit to the Senate, for their advice in regard to its rati-
fication, "a general treaty of amity, navigation, and commerce" between
* Navigation laws and tariff on British productions.
2572
Messages and Papers of the Presidents
the United States of America and the State of Nicaragua, concluded at
Leon by E. George Squier, chargé d'affaires of the United States, on
their part, and Señor Zepeda, on the part of the Republic of Nicaragua.
I also transmit, for the advice of the Senate in regard to its ratifica-
tion, "a general treaty of amity, navigation, and commerce" negotiated
by Mr. Squier with the Republic of San Salvador.
I also transmit to the Senate a copy of the instructions to and corre-
spondence with the said chargé d'affaires relating to those treaties.
I also transmit, for the advice of the Senate in regard to its ratification,
a general treaty of peace, amity, commerce, and navigation" negotiated
by Elijah Hise, our late chargé d'affaires, with the State of Guatemala.
I also transmit, for the information of the Senate, a copy of a treaty
negotiated by Mr. Hise with the Government of Nicaragua on the 21st
of June last, accompanied by copies of his instructions from and corre-
spondence with the Department of State.
On the 12th day of November, 1847, Señor Buétrago, secretary of state
and of the affairs of war and foreign relations and domestic administra-
tion of the Supreme Government of the State of Nicaragua, addressed a
letter from the Government House at Leon to Mr. Buchanan, then Sec-
retary of State of the United States, asking the friendly offices of this
Government to prevent an attack upon the town of San Juan de Nica-
ragua, then contemplated by the British authorities as the allies of the
Mosquito King. That letter, a translation of which is herewith sent,
distinctly charges that-
The object of the British in taking this key of the continent is not to protect the
small tribe of the Mosquitos, but to establish their own empire over the Atlantic
extremity of the line, by which a canal connecting the two oceans is most practicable,
insuring to them the preponderance on the American continent, as well as their direct
relations with Asia, the East Indies, and other important countries in the world.
No answer appears to have been returned to this letter.
A communication was received by my predecessor from Don José Guer-
rero, President and Supreme Director of the State of Nicaragua, dated the
15th day of December, 1847, expressing his desire to establish relations
of amity and commerce with the United States, a translation of which is
herewith inclosed. In this the President of Nicaragua says:
My desire was carried to the utmost on seeing in your message at the opening of
the Twenty-ninth Congress of your Republic a sincere profession of political faith in
all respects conformable with the principles professed by these States, determined,
as they are, to sustain with firmness the continental cause, the rights of Americans in
general, and the noninterference of European powers in their concerns.
This letter announces the critical situation in which Nicaragua was
placed and charges upon the Court of St. James a "well-known design to
establish colonies on the coast of Nicaragua and to render itself master of
the interoceanic canal, for which so many facilities are presented by the
isthmus in that State." No reply was made to this letter.
Zachary Taylor
2573
The British ships of war Alarm and Vixen arrived at San Juan de
Nicaragua on the 8th day of February, 1848, and on the 12th of that
month the British forces, consisting of 260 officers and men, attacked and
captured the post of Serapaqui, garrisoned, according to the British state-
ments, by about 200 soldiers, after a sharp action of one hour and forty
minutes.
On the 7th day of March, 1848, articles of agreement were concluded
by Captain Locke, on the part of Great Britain, with the commissioners
of the State of Nicaragua in the island of Cuba, in the Lake of Nicaragua,
a copy of which will be found in the correspondence relating to the Mos-
quito Territory presented to and published by the House of Commons of
Great Britain on the 3d day of July, 1848, herewith submitted. A copy
of the same document will also be found accompanying the note of the
minister for foreign affairs of Nicaragua to the Secretary of State of
the United States under date the 17th March, 1848.
By the third article of the agreement it is provided that Nicaragua
shall not disturb the inhabitants of San Juan, understanding that any
such act will be considered by Great Britain as a declaration of open hostil-
ities."
By the sixth article it is provided that these articles of agreement
will not “hinder Nicaragua from soliciting by means of a commissioner
to Her Britannic Majesty a final arrangement of these affairs."
The communication from Señor Sebastian Salinas, the secretary of for-
eign affairs of the State of Nicaragua, to Mr. Buchanan, the Secretary of
State of the United States, dated 17th March, 1848, a translation of which
is herewith submitted, recites the aggressions of Great Britain and the
seizure of a part of the Nicaraguan territory in the name of the Mosquito
King. No answer appears to have been given to this letter.
On the 28th day of October, 1847, Joseph W. Livingston was appointed
by this Government consul of the United States for the port of San Juan
de Nicaragua. On the 16th day of December, 1847, after having received
his exequatur from the Nicaraguan Government, he addressed a letter to
Mr. Buchanan, Secretary of State, a copy of which is herewith submitted,
representing that he had been informed that the English Government
would take possession of San Juan de Nicaragua in January, 1848.
In another letter, dated the 8th of April, 1848, Mr. Livingston states
that "at the request of the minister for foreign affairs of Nicaragua he
transmits a package of papers containing the correspondence relative to
the occupation of the port of San Juan by British forces in the name of the
Mosquito nation."
On the 3d day of June, 1848, Elijah Hise, being appointed chargé
d'affaires of the United States to Guatemala, received his instructions, a
copy of which is herewith submitted. In these instructions the follow-
ing passages occur:
The independence as well as the interests of the nations on this continent require
that they should maintain the American system of policy entirely distinct from that
2574
Messages and Papers of the Presidents
which prevails in Europe. To suffer any interference on the part of the European Gov-
ernments with the domestic concerns of the American Republics and to permit them
to establish new colonies upon this continent would be to jeopard their independence
and to ruin their interests. These truths ought everywhere throughout this conti-
nent to be impressed on the public mind. But what can the United States do to
resist such European interference whilst the Spanish American Republics continue
to weaken themselves by division and civil war and deprive themselves of the ability
of doing anything for their own protection?
This last significant inquiry seems plainly to intimate that the United
States could do nothing to arrest British aggression while the Spanish
American Republics continue to weaken themselves by division and civil
war and deprive themselves of the ability of doing anything for their
protection.
These instructions, which also state the dissolution of the Central
American Republic, formerly composed of the five States of Nicaragua,
Costa Rica, Honduras, San Salvador, and Guatemala, and their continued
separation, authorize Mr. Hise to conclude treaties of commerce with the
Republics of Guatemala and San Salvador, but conclude with saying that
it was not deemed advisable to empower Mr. Hise to conclude a treaty
with either Nicaragua, Honduras, or Costa Rica until more full and sta-
tistical information should have been communicated by him to the Depart-
ment in regard to those States than that which it possesses.
The States of Nicaragua, Costa Rica, and Honduras are the only Cen-
tral American States whose consent or cooperation would in any event be
necessary for the construction of the ship canal contemplated between the
Pacific and Atlantic oceans by the way of Lake Nicaragua.
In pursuance of the sixth article of the agreement of the 7th of March,
1848, between the forces of Great Britain and the authorities of Nicaragua,
Señor Francisco Castillon was appointed commissioner from Nicaragua to
Great Britain, and on the 5th day of November, 1848, while at Washing-
ton on his way to London, addressed a letter to the Secretary of State, a
translation of which is herewith submitted, asking this Government to
instruct its minister plenipotentiary residing in London to sustain the
right of Nicaragua to her territory claimed by Mosquito, and especially to
the port of San Juan, expressing the hope of Nicaragua "that the Gov-
ernment of the Union, firmly adhering to its principle of resisting all for-
eign intervention in America, would not hesitate to order such steps to be
taken as might be effective before things reached a point in which the
intervention of the United States would prove of no avail.”
To this letter also no answer appears to have been returned, and no
instructions were given to our minister in London in pursuance of the
request contained in it.
On the 3d day of March, 1847, Christopher Hempstead was appointed
consul at Belize, and an application was then made for his exequatur
through our minister in London, Mr. Bancroft. Lord Palmerston referred
Mr. Bancroft's application for an exequatur for Mr. Hempstead to the
Zachary Taylor
2575
colonial office. The exequatur was granted, and Mr. Hempstead, in a let-
ter to the Department of State bearing date the 12th day of February,
1848, a copy of which is herewith submitted, acknowledged the receipt
of his exequatur from Her Britannic Majesty, by virtue of which he has
discharged his consular functions. Thus far this Government has recog-
nized the existence of a British colony at Belize, within the territory of
Honduras. I have recalled the consul, and have appointed no one to
supply his place.
On the 26th day of May, 1848, Mr. Hempstead represented in a let-
ter to the Department of State that the Indians had "applied to Her
Majesty's superintendent at Belize for protection, and had desired him
to take possession of the territory which they occupied and take them
under his protection as British subjects;" and he added that in the
event of the success of their application "the British Government would
then have possession of the entire coast from Cape Conte to San Juan
de Nicaragua." In another letter, dated the 29th day of July, 1848, he
wrote:
I have not a doubt but the designs of Her Majesty's officers here and on the Mos-
quito shore are to obtain territory on this continent.
The receipt of this letter was regularly acknowledged on the 29th day
of August, 1848.
When I came into office I found the British Government in possession
of the port of San Juan, which it had taken by force of arms after we had
taken possession of California and while we were engaged in the negotia-
tion of a treaty for the cession of it, and that no official remonstrance had
been made by this Government against the aggression, nor any attempt
to resist it. Efforts were then being made by certain private citizens of
the United States to procure from the State of Nicaragua by contract the
right to cut the proposed ship canal by the way of the river San Juan
and the lakes of Nicaragua and Managua to Realejo, on the Pacific Ocean.
A company of American citizens entered into such a contract with the
State of Nicaragua. Viewing the canal as a matter of great importance
to the people of the United States, I resolved to adopt the policy of pro-
tecting the work and binding the Government of Nicaragua, through
whose territory it would pass, also to protect it. The instructions to E.
George Squier, appointed by me chargé d'affaires to Guatemala on the 2d
day of April, 1849, are herewith submitted, as fully indicating the views
which governed me in directing a treaty to be made with Nicaragua. I
considered the interference of the British Government on this continent
in seizing the port of San Juan, which commanded the route believed to
be the most eligible for the canal across the Isthmus, and occupying it at
the very moment when it was known, as I believe, to Great Britain that
we were engaged in the negotiation for the purchase of California, as an
unfortunate coincidence, and one calculated to lead to the inference that
2576
Messages and Papers of the Presidents
she entertained designs by no means in harmony with the interests of the
United States.
Seeing that Mr. Hise had been positively instructed to make no treaty,
not even a treaty of commerce, with Nicaragua, Costa Rica, or Hon-
duras, I had no suspicion that he would attempt to act in opposition to
his instructions, and in September last I was for the first time informed
that he had actually negotiated two treaties with the State of Nicaragua,
the one a treaty of commerce, the other a treaty for the construction
of the proposed ship canal, which treaties he brought with him on his
return home. He also negotiated a treaty of commerce with Honduras;
and in each of these treaties it is recited that he had full powers for the
purpose. He had no such powers, and the whole proceeding on his part
with reference to those States was not only unauthorized by instructions,
but in opposition to those he had received from my predecessor and after
the date of his letter of recall and the appointment of his successor. But
I have no evidence that Mr. Hise, whose letter of recall (a copy of which
is herewith submitted) bears date the 2d day of May, 1849, had received
that letter on the 21st day of June, when he negotiated the treaty with
Nicaragua. The difficulty of communicating with him was so great that
I have reason to believe he had not received it. He did not acknowl-
edge it.
The twelfth article of the treaty negotiated by Mr. Hise in effect guar-
antees the perfect independence of the State of Nicaragua and her sov-
ereignty over her alleged limits from the Caribbean Sea to the Pacific
Ocean, pledging the naval and military power of the United States to
support it. This treaty authorizes the chartering of a corporation by
this Government to cut a canal outside of the limits of the United States,
and gives to us the exclusive right to fortify and command it. I have
not approved it, nor have I now submitted it for ratification; not merely
because of the facts already mentioned, but because on the 31st day
of December last Señor Edwardo Carcache, on being accredited to
this Government as chargé d'affaires from the State of Nicaragua,
in a note to the Secretary of State, a translation of which is herewith
sent, declared that he was "only empowered to exchange ratifica-
tions of the treaty concluded with Mr. Squier, and that the special
convention concluded at Guatemala by Mr. Hise, the chargé d'affaires
of the United States, and Señor Selva, the commissioner of Nicaragua,
had been, as was publicly and universally known, disapproved by his
Government.
>
We have no precedent in our history to justify such a treaty as that
negotiated by Mr. Hise since the guaranties we gave to France of her
American possessions. The treaty negotiated with New Granada on the
12th day of December, 1846, did not guarantee the sovereignty of New
Granada on the whole of her territory, but only over "the single Prov-
ince of the Isthmus of Panama," immediately adjoining the line of the
Zachary Taylor
2577
railroad, the neutrality of which was deemed necessary by the President
and Senate to the construction and security of the work.
The thirty-fifth article of the treaty with Nicaragua, negotiated by Mr.
Squier, which is submitted for your advice in regard to its ratification,
distinctly recognizes the rights of sovereignty and property which the
State of Nicaragua possesses in and over the line of the canal therein
provided for. If the Senate doubt on that subject, it will be clearly
wrong to involve us in a controversy with England by adopting the treaty;
but after the best consideration which I have been able to give to the
subject my own judgment is convinced that the claims of Nicaragua are
just, and that as our commerce and intercourse with the Pacific require
the opening of this communication from ocean to ocean it is our duty to
ourselves to assert their justice.
This treaty is not intended to secure to the United States any monopoly
or exclusive advantage in the use of the canal. Its object is to guarantee
protection to American citizens and others who shall construct the canal,
and to defend it when completed against unjust confiscations or obstruc-
tions, and to deny the advantages of navigation through it to those na-
tions only which shall refuse to enter into the same guaranties. A copy
of the contract of the canal company is herewith transmitted, from which,
as well as from the treaty, it will be perceived that the same benefits are
offered to all nations in the same terms.
The message of my predecessor to the Senate of the 10th February,
1847, transmitting for ratification the treaty with New Granada, contains
in general the principles by which I have been actuated in directing the
negotiation with Nicaragua. The only difference between the two cases.
consists in this: In that of Nicaragua the British Government has seized
upon part of her territory and was in possession of it when we negotiated
the treaty with her. But that possession was taken after our occupation
of California, when the effect of it was to obstruct or control the most
eligible route for a ship communication to the territories acquired by us
on the Pacific. In the case of New Granada, her possession was undis-
turbed at the time of the treaty, though the British possession in the right
of the Mosquito King was then extended into the territories claimed by
New Granada as far as Boca del Toro. The professed objects of both
the treaties are to open communications across the Isthmus to all nations
and to invite their guaranties on the same terms. Neither of them pro-
poses to guarantee territory to a foreign nation in which the United States
will not have a common interest with that nation. Neither of them con-
stitutes an alliance for any political object, but for a purely commercial
purpose, in which all the navigating nations of the world have a common
interest. Nicaragua, like New Granada, is a power which will not excite
the jealousy of any nation.
As there is nothing narrow, selfish, illiberal, or exclusive in the views
of the United States as set forth in this treaty, as it is indispensable to
2578
Messages and Papers of the Presidents
the successful completion of the contemplated canal to secure protection
to it from the local authorities and this Government, and as I have no
doubt that the British pretension to the port of San Juan in right of the
Mosquito King is without just foundation in any public law ever before
recognized in any other instance by Americans or Englishmen as appli-
cable to Indian titles on this continent, I shall ratify this treaty in case
the Senate shall advise that course. Its principal defect is taken from
the treaty with New Granada, the negotiator having made it liable to be
abrogated on notice after twenty years. Both treaties should have been
perpetual or limited only by the duration of the improvements they were
intended to protect. The instructions to our chargé d'affaires, it will be
seen, prescribe no limitation for the continuance of the treaty with Nica-
ragua. Should the Senate approve of principle of the treaty, an amend-
ment in this respect is deemed advisable; and it will be well to invite by
another amendment the protection of other nations, by expressly offering
them in the treaty what is now offered by implication only—the same
advantages which we propose for ourselves on the same conditions upon
which we shall have acquired them. The policy of this treaty is not
novel, nor does it originate from any suggestion either of my immediate
predecessor or myself. On the 3d day of March, 1835, the following res-
olution, referred to by the late President in his message to the Senate
relative to the treaty with New Granada, was adopted in executive ses-
sion by the Senate without division:
Resolved, That the President of the United States be respectfully requested to
consider the expediency of opening negotiations with the Governments of Central
America and New Granada for the purpose of effectually protecting, by suitable
treaty stipulations with them, such individuals or companies as may undertake to
open a communication between the Atlantic and Pacific oceans by the construction
of a ship canal across the isthmus which connects North and South America, and of
securing forever by such stipulations the free and equal rights of navigating such a
canal to all such nations on the payment of such reasonable tolls as may be estab-
lished to compensate the capitalists who may engage in such undertaking and com-
plete the work.
President Jackson accorded with the policy suggested in this resolution,
and in pursuance of it sent Charles Biddle as agent to negotiate with the
Governments of Central America and New Granada. The result is fully
set forth in the report of a select committee of the House of Representa-
tives of the 20th of February, 1849, upon a joint resolution of Congress
to authorize the survey of certain routes for a canal or railroad between
the Atlantic and Pacific oceans. The policy indicated in the resolution
of the 3d March, 1835, then adopted by the President and Senate, is that
now proposed for the consideration and sanction of the Senate. So far
as my knowledge extends, such has ever been the liberal policy of the
leading statesmen of this country, and by no one has it been more ear-
nestly recommended than by my lamented predecessor.
Z. TAYLOR.
Zachary Taylor
2579
WASHINGTON, March 26, 1850.
To the House of Representatives of the United States:
I herewith transmit, for the information of Congress, a copy of the
report* of Thomas Butler King, esq., appointed bearer of dispatches and
special agent to California, made in pursuance of instructions issued from
the Department of State on the 3d day of April last.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, March 28, 1850.
In compliance with a resolution of the Senate of the 22d instant, re-
questing the President of the United States to communicate to that body
a copy of the instructions given to the agent of the United States who was
employed to visit Hungary during the recent war between that country
and Austria, and of the correspondence by and with such agent, so far as
the publication of the same may be consistent with the public interest, I
herewith transmit to the Senate a copy of the instructions to A. Dudley
Mann, esq., relating to Hungary, he having been appointed by me special
agent to that country on the 18th day of June last, together with a copy of
the correspondence with our late chargé d'affaires to Austria referred to in
those instructions and of other papers disclosing the policy of this Govern-
ment in reference to Hungary and her people. I also transmit, in compli-
ance with the resolution of the Senate, but in a separate packet, a copy of
the correspondence of Mr. Mann with the Department of State. The lat-
ter I have caused to be marked "executive"-the information contained
in it being such as will be found on examination most appropriately to
belong to the Senate in the exercise of its executive functions. The pub-
lication of this correspondence of the agent sent by me to Hungary is a
matter referred entirely to the judgment and discretion of the Senate.
It will be seen by the documents now transmitted that no minister or
agent was accredited by the Government of Hungary to this Government
at any period since I came into office, nor was any communication ever
received by this Government from the minister of foreign affairs of Hun-
gary or any other executive officer authorized to act in her behalf.
My purpose, as freely avowed in this correspondence, was to have
acknowledged the independence of Hungary had she succeeded in es-
tablishing a government de facto on a basis sufficiently permanent in its
character to have justified me in doing so according to the usages and
settled principles of this Government; and although she is now fallen
and many of her gallant patriots are in exile or in chains, I am free still
to declare that had she been successful in the maintenance of such a
government as we could have recognized we should have been the first
to welcome her into the family of nations.
Z. TAYLOR.
On California affairs.
2580
Messages and Papers of the Presidents
WASHINGTON, April 3, 1850.
To the Senate and House of Representatives of the United States:
I transmit a translation of a note, under date the 20th of last month,
addressed to the Secretary of State by the minister of the Mexican
Republic accredited to this Government, expressing the views of that
Government with reference to the control of the wild Indians of the
United States on the frontier of Mexico, as stipulated for in the eleventh
article of the treaty of Guadalupe Hidalgo.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, April 22, 1850.
I herewith transmit to the Senate, for their advice with regard to its
ratification, a convention between the United States and Great Britain,
concluded at Washington on the 19th instant by John M. Clayton, Sec-
retary of State, on the part of the United States, and by the Right Hon.
Sir Henry Lytton Bulwer, on the part of Great Britain.
This treaty has been negotiated in accordance with the general views
expressed in my message to Congress in December last. Its object is to
establish a commercial alliance with all great maritime states for the pro-
tection of a contemplated ship canal through the territory of Nicaragua
to connect the Atlantic and Pacific oceans, and at the same time to in-
sure the same protection to the contemplated railways or canals by the
Tehuantepec and Panama routes, as well as to every other interoceanic
communication which may be adopted to shorten the transit to or from
our territories on the Pacific.
It will be seen that this treaty does not propose to take money from
the public Treasury to effect any object contemplated by it. It yields.
protection to the capitalists who may undertake to construct any canal or
railway across the Isthmus, commencing in the southern part of Mexico
and terminating in the territory of New Granada. It gives no preference
to any one route over another, but proposes the same measure of protec-
tion for all which ingenuity and enterprise can construct. Should this
treaty be ratified, it will secure in future the liberation of all Central
America from any kind of foreign aggression.
At the time negotiations were opened with Nicaragua for the construc-
tion of a canal through her territory I found Great Britain in possession
of nearly half of Central America, as the ally and protector of the Mos-
quito King. It has been my object in negotiating this treaty not only
to secure the passage across the Isthmus to the Government and citizens
of the United States by the construction of a great highway dedicated to
the use of all nations on equal terms, but to maintain the independence
and sovereignty of all the Central American Republics. The Senate will
judge how far these objects have been effected.
If there be any who would desire to seize and annex any portion of
Zachary Taylor
2581
the territories of these weak sister republics to the American Union, or
to extend our dominion over them, I do not concur in their policy; and
I wish it to be understood in reference to that subject that I adopt the
views entertained, so far as I know, by all my predecessors.
The principles by which I have been regulated in the negotiation of
this treaty are in accordance with the sentiments well expressed by my
immediate predecessor on the 10th of February, 1847, when he commu-
nicated to the Senate the treaty with New Granada for the protection of
the railroad at Panama. It is in accordance with the whole spirit of the
resolution of the Senate of the 3d of March, 1835, referred to by Presi-
dent Polk, and with the policy adopted by President Jackson immedi-
ately after the passage of that resolution, who dispatched an agent to
Central America and New Granada "to open negotiations with those
Governments for the purpose of effectually protecting, by suitable treaty
stipulations with them, such individuals or companies as might under-
take to open a communication between the Atlantic and Pacific oceans
by the construction of a ship canal across the isthmus which connects
North and South America, and of securing forever by such stipulations
the free and equal right of navigating such canal to all such nations on
the payment of such reasonable tolls as might be established to compen-
sate the capitalists who should engage in such undertaking and complete
the work."
I also communicate herewith a copy of the correspondence between the
American Secretary of State and the British plenipotentiary at the time
of concluding the treaty. Whatever honor may be due to the party first
proposing such a treaty justly belongs to the United States. My prede-
cessor, in his message of the 10th of February, 1847, referring to the
treaty with New Granada for the protection of the Panama Railroad,
observes that-
Should the proposition thus tendered be rejected we may deprive the United States
of the just influence which its acceptance might secure to them, and confer the glory
and benefits of being the first among the nations in concluding such an arrangement
upon the Government either of Great Britain or France. That either of these Gov-
ernments would embrace the offer can not be doubted, because there does not appear
to be any other effectual means of securing to all nations the advantages of this
important passage but the guaranty of great commercial powers that the Isthmus
shall be neutral territory. The interests of the world at stake are so important that
the security of this passage between the two oceans can not be suffered to depend
upon the wars and revolutions which may arise among different nations.
Should the Senate in its wisdom see fit to confirm this treaty, and the
treaty heretofore submitted by me for their advice in regard to its ratifi-
cation, negotiated with the State of Nicaragua on the 3d day of Septem-
ber last, it will be necessary to amend one or both of them, so that both
treaties may stand in conformity with each other in their spirit and inten-
tion. The Senate will discover by examining them both that this is a
task of no great difficulty.
!
2582
Messages and Papers of the Presidents
}
I have good reason to believe that France and Russia stand ready to
accede to this treaty, and that no other great maritime state will refuse
its accession to an arrangement so well calculated to diffuse the blessings
of peace, commerce, and civilization, and so honorable to all nations
which may enter into the engagement.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, May 6, 1850.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, a consular convention between the United States and the Republic
of New Granada, signed in this city on the 4th of this month by the Sec-
retary of State on the part of the United States, and by Señor Don Rafael
Rivas, chargé d'affaires of New Granada, ‹ the part of that Republic.
Z. TAYLOR.
WASHINGTON, May 7, 1850.
To the House of Representatives of the United States:
I herewith transmit to the House of Representatives copies of a corre-
spondence between the Department of State and the British legation in
this city, relative to the reciprocal admission of the natural products of
the United States and Canada free of duty into the territories of both
countries. It will be seen by the accompanying documents that the late
Secretary of the Treasury recommended, in his correspondence with the
Committee on Commerce in the House of Representatives, reciprocal free
trade in the natural products of the United States and Canada; that in
March and June, 1849, a correspondence was opened between the British
chargé d'affaires then residing in Washington and the Secretary of State
upon the subject of a commercial convention or treaty to carry out the
views of Her Majesty's Government in relation thereto, and that the prop-
osition for such a convention or treaty was declined on the part of the
American Government for reasons which are fully set forth in the note
of the Secretary of State to Mr. Crampton of the 26th of June last. Dur-
ing the negotiations connected with this correspondence, not considering
the markets of Canada as an equivalent for those of the United States, I
directed the Secretary of State to inquire what other benefits of trade and
commerce would be yielded by the British authorities in connection with
such a measure, and particularly whether the free navigation of the St.
Lawrence would be conceded to us. That subject has accordingly been
presented to the British Government, and the result was communicated by
Her Majesty's minister in Washington on the 27th of March last in reply
to a note from the Secretary of State of the 26th of that month. From
these papers it will be perceived that the navigation of the St. Lawrence
and of the canals connecting it with the Western lakes will be opened
Zachary Taylor
2583
to the citizens of the United States in the event that the bill referred to
in the correspondence, providing for the admission of their natural prod-
ucts, should become a law. The whole subject is now submitted to the
consideration of Congress, and especially whether the concession pro-
posed by Great Britain is an equivalent for the reciprocity desired by her.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, May 8, 1850.
With reference to the convention between the United States and Her
Britannic Majesty relative to interoceanic communication by the way of
Nicaragua, recently submitted to the Senate, I transmit a copy of a note,
under date the 29th ultimo, addressed to the Secretary of State by Sir
Henry L. Bulwer, Her Britannic Majesty's minister here, and of Mr.
Clayton's reply, under date the 30th ultimo. Intelligence received from
the chargé d'affaires of the United States in Central America and from
other quarters having led to an apprehension that Mr. Chatfield, Her
Britannic Majesty's minister in that country, had concluded a treaty with
the Government of Costa Rica placing that State under the protection
of the British Government, I deemed it my duty to cause inquiries upon
the subject to be addressed to Her Majesty's Government through Sir
Henry L. Bulwer. The note of that functionary communicates the an-
swer to those inquiries, and may be deemed satisfactory, both from the
denial of the fact that any such treaty has been concluded and from its
positive disavowal on behalf of the British Government of the policy
intended to be subserved by such treaties.
Z. TAYLOR.
WASHINGTON, May 18, 1850.
To the House of Representatives of the United States:
I herewith transmit to the House of Representatives a report of the
Secretary of State, with accompanying papers,* in answer to its resolu-
tion of the 28th of March last.
To the Senate of the United States:
Z. TAYLOR.
WASHINGTON, May 20, 1850.
I transmit herewith reports from the Secretary of the Interior and
Secretary of War, in reply to the resolution of the Senate of the 30th
ultimo, calling for information in relation to the hostilities and outrages
committed during the past year by the Seminole Indians in Florida, the
steps taken for their removal west of the Mississippi, the area now occu-
pied by them, etc.
Z. TAYLOR.
* Communications from the United States consul at Vienna.
2584
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, May 22, 1850.
I herewith transmit to the Senate reports of the several heads of
Departments, to whom were referred the resolutions of the Senate of the
9th instant, "requesting the President of the United States to furnish
to the Senate copies of all correspondence between any of the Executive
Departments and General Persifor F. Smith and Brigadier-General B.
Riley, or either of them, relative to affairs in California, which had not
been communicated to the Senate; and also all information existing in
any of the Executive Departments respecting the transactions of the
convention in California by which the project of a State government
was prepared, and particularly a copy of the journals of said convention
and of such of the ordinances adopted by it as may in any way have been
communicated to any of the said Departments; and likewise to inform
the Senate if the surrender of General Riley to the jurisdiction and civil
authority of the government made by the aforesaid convention was by
order of the Executive of the United States, and, if not, whether the
proclamation of General Riley recognizing the said State government
and submitting to its jurisdiction has received the sanction of the Exec-
utive; and also that he furnish to the Senate whatever intelligence may
have been received in the executive department respecting the condition
of civil affairs in the Oregon Territory."
The reports, with the official correspondence accompanying them, it is
believed, embrace all the information in the Departments called for by
the resolutions.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, May 24, 1850.
In the month of January last I nominated Thomas Sewall to be con-
sul of the United States for the port of Santiago de Cuba, to which office
he had been appointed by me during the recess of the Senate. The
Spanish Government having refused to recognize Mr. Sewall as consul
for that port, I now withdraw that nomination and nominate William N.
Adams to fill the vacancy thus occasioned.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, May 29, 1850.
I transmit to the Senate a copy of a dispatch from the minister of the
United States at London, together with the memorial and other docu-
ments addressed to the Senate and House of Representatives of the
United States by Count de Bronno Bronski which accompanied it, rela-
tive to an improved breed of silkworms which he desires to have intro-
duced into this country.
Z. TAYLOR.
Zachary Taylor
2585
To the Senate of the United States:
WASHINGTON, June 3, 1850.
I transmit to the Senate herewith reports from the several heads of
Departments, which contain all the information in possession of the Exec-
utive relative to the subject of the resolution of the 23d instant [ultimo].
No information has been received establishing the existence of any
revolutionary movement in the island of Cuba among the inhabitants
of that island. The correspondence submitted discloses, however, the
fact that repeated attempts have been made under the direction of for-
eigners enjoying the hospitality of this country to get up armed expe-
ditions in the United States for the purpose of invading Cuba. It will
be seen by that correspondence that this Government has been faithful in
the discharge of its treaty obligations with Spain and in the execution
of the acts of Congress which have for their object the maintenance in
this regard of the peace and honor of this country.
To the Senate of the United States:
Z. TAYLOR
WASHINGTON, June 10, 1850.
I submit herewith, in reply to a resolution of the Senate of the 3d
instant, calling for "copies of the instructions given and orders issued
in relation to the assemblage of persons on Round Island, coast of Mis-
sissippi, during the summer of 1849, and of the correspondence between
the President or heads of Departments and the governor of Mississippi
and the officers, naval or military, of the United States in reference to
the observation, investment, and dispersion of said assemblage upon said
island," a report from the Secretary of the Navy and accompanying
documents, which contain all the information on the subject not hereto-
fore communicated to the Senate.
Z. TAYLOR.
WASHINGTON, June 13, 1850.
To the House of Representatives of the United States:
I transmit to the House of Representatives a copy of a dispatch ad-
dressed by the minister of the United States at Paris to the Secretary of
State, with a translation of the documents which accompanied it, rela-
tive to the memorial of Pierre Piron, a citizen of the French Republic,
who, it will be perceived, presents a just claim to pecuniary remunera-
tion from this Government on account of services rendered to citizens of
the United States.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, June 17, 1850.
I have received a copy of the resolution of the Senate of the 11th June
instant, requesting me "to inform the Senate whether any orders have
2586
Messages and Papers of the Presidents
been issued to any military officer or officers at Santa Fe to hold posses-
sion against the authority of Texas, or in any way to embarrass or pre-
vent the exercise of her jurisdiction over that country, and to furnish the
Senate with copies of any correspondence which may have taken place
between the War Department and the military stationed at Santa Fe since
the date of my last communication to the Senate on that subject."
In reply to that resolution I state that no such orders have been given.
I herewith present to the Senate copies of all the correspondence referred
to in the resolution. All the other orders relating to the subject-matter
of the resolution have been heretofore communicated to the Senate.
I have already, in a former message, referred to the fact that the bound-
ary between Texas and New Mexico is disputed. I have now to state
that information has been recently received that a certain Robert S.
Neighbors, styling himself commissioner of the State of Texas, has pro-
ceeded to Santa Fe with a view of organizing counties in that district
under the authority of Texas. While I have no power to decide the
question of boundary, and no desire to interfere with it, as a question of
title, I have to observe that the possession of the territory into which it
appears that Mr. Neighbors has thus gone was actually acquired by the
United States from Mexico, and has since been held by the United States,
and, in my opinion, ought so to remain until the question of boundary
shall have been determined by some competent authority. Meanwhile, I
think there is no reason for seriously apprehending that Texas will prac-
tically interfere with the possession of the United States.
Z. TAYLOR.
WASHINGTON, June 26, 1850.
To the House of Representatives of the United States:
I herewith transmit a report of the Secretary of War, communicating
the information, as far as it can be furnished, required by the resolution
of the House of Representatives of the 17th instant, respecting the amount
of money collected from customs in California from the conclusion of the
war until the collector appointed under the act of March 3, 1849, entered
upon his duties, the objects for which said money has been expended,
and the authority under which the collections and disbursements were
made.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, June 27, 1850.
In compliance with the resolution of the Senate of the 3d instant,
requesting information in regard to the indemnity stipulated to be paid
by the Government of Peru to the Government of the United States pur-
suant to the modified convention of the 17th of March, 1841, I transmit
Zachary Taylor
2587
a report from the Secretary of State and the documents by which it was
accompanied. The sums paid by that Government under the convention
are mentioned in the letters of Messrs. E. McCall & Co., of Lima, who
were appointed by my predecessor the agents to receive the installments
as they might fall due.
Z. TAYLOR.
WASHINGTON, July 1, 1850.
To the House of Representatives of the United States:
In reply to the resolution of the House of Representatives of the 17th
ultimo, in regard to the number of vessels, guns, and men constituting
the African squadron, the annual expenses of that squadron, etc., I
submit herewith a report from the Secretary of the Navy, with accom-
panying documents.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, July 1, 1850.
I herewith transmit a report from the Secretary of War, prepared in
answer to a resolution of the Senate of the 27th ultimo, requesting in-
formation of the proceedings of the Executive in regard to the appoint-
ment of the officer now commanding in New Mexico, the orders and
instructions given to and correspondence with him, and upon other sub-
jects mentioned in the resolution.
Z. TAYLOR.
To the Senate of the United States:
WASHINGTON, July 2, 1850.
In the month of March last I nominated William McNeir to be a jus-
tice of the peace in and for the county of Washington, in the District of
Columbia, and on the 24th day of June the Senate advised and consented
to the nomination. Since then I have learned from the late mayor of
the city of Washington, upon whose recommendation the nomination was
made, that the person whom he intended to recommend for that office
was George McNeir, whom I now nominate to be a justice of the peace
in and for the county of Washington, in the District of Columbia.
In the month of February last I nominated Benjamin Riddells as con-
sul of the United States for Chihuahua, and on the roth day of June last
the Senate advised and consented to that nomination. I have since
learned that the persons recommending the appointment of Mr. Riddells
by the prænomen of Benjamin intended to recommend Bennet Riddells,
whom I now nominate to be consul of the United States for Chihuahua
in order to correct the mistake thus inadvertently made.
Z. TAYLOR.
2588
Messages and Papers of the Presidents
PROCLAMATIONS.
ZACHARY TAYLOR, PRESIDENT OF THE UNITED STATES OF AMERICA.
To all whom it may concern:
An exequatur having been granted to Señor Carlos de España, bear-
ing date the 29th October, 1846, recognizing him as the consul of Her
Catholic Majesty at the port of New Orleans and declaring him free to
exercise and enjoy such functions, powers, and privileges as are allowed
to the consuls of the most favored nations in the United States:
These are now to declare that I do no longer recognize the said Carlos
de España as consul of Her Catholic Majesty in any part of the United
States, nor permit him to exercise and enjoy any of the functions, powers,
or privileges allowed to the consuls of Spain; and I do hereby wholly
revoke and annul the said exequatur heretofore given, and do declare
the same to be absolutely null and void from this day forward.
In testimony whereof I have caused these letters to be made patent and
the seal of the United States of America to be hereunto affixed.
Given under my hand this 4th day of January, A. D. 1850, and
of the Independence of the United States the seventy-fourth.
Z. TAYLOR.
By the President:
[SEAL.]
JOHN M. CLAYTON, Secretary of State.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 14th of
August, 1848, entitled "An act to establish the Territorial government
of Oregon," the President of the United States is authorized to establish
such ports of delivery in the collection district created by that act, not
exceeding two in number (one of which shall be located on Pugets.
Sound), as he may deem proper:
Now, therefore, I, Zachary Taylor, President of the United States of
America, do hereby declare and proclaim the ports of Nesqually (on
Pugets Sound) and Portland, in the collection district of Oregon, in the
Territory of Oregon, to be constituted ports of delivery, with all the priv-
ileges authorized by law to such ports.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington, this 10th day of January,
[SEAL.] A. D. 1850, and of the Independence of the United States the
seventy-fourth.
By the President:
J. M. CLAYTON, Secretary of State.
Z. TAYLOR.
Zachary Taylor
2589
DEATH OF PRESIDENT TAYLOR.
ANNOUNCEMENT TO MR. FILLMORE.
[From official records in the State Department.]
DEPARTMENT OF STATE,
Washington, July 9, 1850.
MILLARD FILLMORE,
President of the United States.
SIR: The melancholy and most painful duty devolves on us to announce
to you that Zachary Taylor, late President of the United States, is no
He died at the President's mansion this evening at half-past 10
more.
o'clock.
We have the honor to be, etc.,
JOHN M. CLAYTON,
GEO. W. CRAWFORD,
Secretary of State.
W. M. MEREDITH,
Secretary of the Treasury.
Secretary of War.
WM. BALLARD PRESTON,
Secretary of the Navy.
T. EWING,
J. COLLAMER,
Secretary of the Interior.
Postmaster-General.
[The announcement as published in the Daily National Intelligencer of
July 11, 1850, contains also the signature of Reverdy Johnson, Attorney-
General.]
REPLY OF MR. FILLMORE.
[From official records in the State Department.]
WASHINGTON, July 9, 1850.
To the Hons. JOHN M. CLAYTON, Secretary of State; W. M. MEREDITH,
Secretary of the Treasury; T. EWING, Secretary of the Interior;
GEO. W. CRAWFORD, Secretary of War; WM. BALLARD PRESTON,
Secretary of the Navy; J. COLLAMER, Postmaster-General; REVERDY
JOHNSON, Attorney-General.
GENTLEMEN: I have just received your note conveying the melancholy
and painful intelligence of the decease of Zachary Taylor, late President
of the United States. I have no language to express the emotions of my
heart. The shock is so sudden and unexpected that I am overwhelmed
with grief.
I shall avail myself of the earliest moment to communicate this sad
intelligence to Congress, and shall appoint a time and place for taking
the oath of office prescribed to the President of the United States. You
are requested to be present and witness the ceremony.
I am, gentlemen, etc.,
MILLARD FILLMORE.
2590
Messages and Papers of the Presidents
COMMUNICATION TO THE SENATE FROM MR. FILLMORE.
[From Senate Journal, Thirty-first Congress, first session, p. 443.]
To the Senate of the United States:
WASHINGTON, July 10, 1850.
In consequence of the lamented death of Zachary Taylor, late President
of the United States, I shall no longer occupy the chair of the Senate,
and I have thought that a formal communication to the Senate to that
effect, through your Secretary, might enable you the more promptly to
proceed to the choice of a presiding officer.
MILLARD FILLMORE.
ANNOUNCEMENT TO CONGRESS.
[From Senate Journal, Thirty-first Congress, first session, p. 443.]
WASHINGTON, July 10, 1850.
Fellow-Citizens of the Senate and House of Representatives:
I have to perform the melancholy duty of announcing to you that it
has pleased Almighty God to remove from this life Zachary Taylor, late
President of the United States. He deceased last evening at the hour of
half-past 10 o'clock, in the midst of his family and surrounded by affec-
tionate friends, calmly and in the full possession of all his faculties.
Among his last words were these, which he uttered with emphatic dis-
tinctness:
I have always done my duty. I am ready to die. My only regret is for the friends
I leave behind me.
Having announced to you, fellow-citizens, this most afflicting bereave-
ment, and assuring you that it has penetrated no heart with deeper grief
than mine, it remains for me to say that I propose this day at 12 o'clock,
in the Hall of the House of Representatives, in the presence of both
Houses of Congress, to take the oath prescribed by the Constitution, to
enable me to enter on the execution of the office which this event has
devolved on me.
MILLARD FILLMORE.
ANNOUNCEMENT TO REPRESENTATIVES OF THE UNITED STATES
ABROAD.
[From official records in the State Department.]
CIRCULAR.
DEPARTMENT OF STATE, Washington, July 10, 1850.
SIR: It has become my most painful duty to announce to you the
decease of Zachary Taylor, late President of the United States.
Zachary Taylor
2591
This afflicting event took place on the 9th instant at the Executive
Mansion in this city, at thirty minutes after 10 o'clock in the evening.
I am, sir, respectfully, your obedient servant,
JOHN M. CLAYTON.
ANNOUNCEMENT TO REPRESENTATIVES OF FOREIGN GOVERN-
MENTS IN THE UNITED STATES.
[From official records in the State Department.]
CIRCULAR.
DEPARTMENT OF STATE, Washington, July 10, 1850.
SIR: It is my great misfortune to be obliged to inform you of an event
not less afflicting to the people of the United States than distressing to
my own feelings and the feelings of all those connected with the Gov-
ernment.
The President, Zachary Taylor, departed this life yesterday at half-past
10 o'clock in the evening.
You are respectfully invited to attend the funeral ceremonies, which
will take place on Saturday next, and with the particular arrangements
for which you will be made acquainted in due tinie.
Not doubting your sympathy and condolence with the Government and
people of the country on this bereavement, I have the honor to be, sir,
with high consideration, your obedient servant,
JOHN M. CLAYTON.
ANNOUNCEMENT TO THE ARMY.
[From official records in the War Department.]
GENERAL ORDERS, No. 21.
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
Washington, July 11, 1850.
I. The following order of the President of the United States announces
to the Army the lamented death of the illustrious General Zachary Tay-
lor, late President of the United States:
WAR DEPARTMENT, July 11, 1850.
The President of the United States with profound sorrow announces to
the Army, the Navy, and Marine Corps the death of Zachary Taylor, late
President of the United States. He died at the Executive Mansion on
the night of the 9th instant at half-past 10 o'clock.
His last public appearance was in participating in the ceremonies of our
national anniversary at the base of the monument now rearing to the
memory of Washington. His last official act was to affix his signature
2592
Messages and Papers of the Presidents
to the convention recently concluded between the United States and Great
Britain.
The vigor of a constitution strong by nature and confirmed by active
and temperate habits had in later years become impaired by the arduous
toils and exposures of his military life.
Solely engrossed in maintaining the honor and advancing the glory
of his country, in a career of forty years in the Army of the United
States he rendered himself signal and illustrious. An unbroken current
of success and victory, terminated by an achievement unsurpassed in
our annals, left nothing to be accomplished for his military fame.
His conduct and courage gave him this career of unexampled fortune,
and with the crowning virtues of moderation and humanity under all cir-
cumstances, and especially in the moment of victory, revealed to his
countrymen those great and good qualities which induced them unso-
licited to call him from his high military command to the highest civil
office of honor and trust in the Republic; not that he desired to be first,
but that he was felt to be worthiest.
The simplicity of his character, the singleness of his purpose, the ele-
vation and patriotism of his principles, his moral courage, his justice,
magnanimity and benevolence, his wisdom, moderation, and power of
command, while they have endeared him to the heart of the nation, add
to the deep sense of the national calamity in the loss of a Chief Magis-
trate whom death itself could not appall in the consciousness of “having
always done his duty."
The officers of the Army, of the Navy, and Marine Corps will, as a
manifestation of their respect for the exalted character and eminent pub-
lic services of the illustrious dead, and of their sense of the calamity the
country has sustained by this afflicting dispensation of Providence, wear
crape on the left arm and upon the hilt of the sword for six months.
It is further directed that funeral honors be paid at each of the mili-
tary posts according to general regulations, and at navy-yards and on
board all public vessels in commission, by firing thirty minute guns, com-
mencing at meridian, on the day after the receipt of this order, and by
wearing their flags at half-mast.
By order of the President:
GEORGE W. CRAWFORD,
Secretary of War.
II. The day after the receipt of this general order at each military post
the troops will be paraded at 10 o'clock a. m. and the order read to them,
after which all labors for the day will cease.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and at
the close of the day a national salute of thirty guns.
The officers of the Army will wear the badge of mourning on the left
Zachary Taylor
2593
arm and on their swords and the colors of the several regiments will be
put in mourning for the period of six months.
By order:
R. JONES,
Adjutant-General.
[The Secretary of the Navy made the same announcement to the Navy
as that portion of the above signed by the Secretary of War.]
ORDER OF THE PRESIDENT.
[From the Daily National Intelligencer, July 12, 1850.]
WASHINGTON, July 10, 1850.
In consequence of the death of the President of the United States,
I direct that the several Executive Departments be closed until after
the funeral of the illustrious deceased, and that they, as well as the Exec-
utive Mansion, be placed in mourning, and that the several officers of the
Government wear the usual badge of mourning for the term of six
months.
MILLARD FILLMORE.
ACTION OF CONGRESS.
[From Senate Journal, Thirty-first Congress, first session, p. 445.]
RESOLUTION OF THE SENATE.
Whereas it has pleased Divine Providence to remove from this life
Zachary Taylor, late President of the United States, the Senate, sharing
in the general sorrow which this melancholy event must produce, is desir-
cus of manifesting its sensibility on this occasion: Therefore
Resolved, That a committee consisting of Messrs. Webster, Cass, and
King be appointed on the part of the Senate to meet such committee as
may be appointed on the part of the House of Representatives to con-
sider and report what measures it may be deemed proper to adopt to show
the respect and affection of Congress for the memory of the illustrious
deceased and to make the necessary arrangements for his funeral.
[From House Journal, Thirty-first Congress, first session, p. 1121.]
RESOLUTION OF THE HOUSE OF REPRESENTATIVES.
Whereas it has pleased Divine Providence to remove from this life
Zachary Taylor, late President of the United States, the House of Rep-
resentatives, sharing in the general sorrow which this melancholy event
must produce, is desirous of manifesting its sensibility on the occasion:
Therefore
Resolved, That a committee consisting of thirteen members be appointed
on the part of this House to meet such committee as may be appointed on the
part of the Senate to consider and report what measures it may be deemed
proper to adopt in order to show the respect and affection of Congress for
2594
Messages and Papers of the Presidents
the memory of the illustrious deceased and to make the necessary arrange-
ments for his funeral.
[The committee consisted of Messrs. Conrad, of Louisiana; McDowell,
of Virginia; Winthrop, of Massachusetts; Bissell, of Illinois; Duer, of New
York; Orr, of South Carolina; Breck, of Kentucky; Strong, of Pennsyl-
vania; Vinton, of Ohio; Cabell, of Florida; Kerr, of Maryland; Stanly, of
North Carolina; Littlefield, of Maine.]
OFFICIAL ARRANGEMENTS FOR THE FUNERAL.
[From the Daily National Intelligencer, July 13, 1850.]
WASHINGTON, July 11, 1850.
The Committee of Arrangements of the two Houses of Congress, hav-
ing consulted with the family of the deceased, have concluded that the
funeral of the late President be solemnized on Saturday, the 13th of July,
at 12 o'clock; the religious services to be performed by the Rev. Dr.
Pyne at the Executive Mansion, according to the usage of the Episcopal
Church, in which church the deceased most usually worshiped; the body
to be afterwards taken from the President's house to the Congress Bury-
ing Ground, accompanied by a military escort and civic procession, and
deposited in the receiving tomb.
The military arrangements to be under the direction of Major-Genera!
Scott, the General Commanding in Chief of the Army of the United States,
and Major-General Walter Jones, of the militia of the District of Columbia
Commodore Warrington, the senior naval officer now in the city, to
have the direction of the naval arrangements.
The marshal of the District of Columbia to have the direction of the
civic procession.
All the members of the diplomatic corps, all officers of Government,
the clergy of the District and elsewhere, all associations and fraternities,
and citizens generally are invited to attend.
And it is respectfully recommended to the officers of the Government
that they wear the usual badge of mourning.
ORDER OF THE PROCESSION.
FUNERAL ESCORT.
(In column of march.)
Composed of such corps of the Army and the militia as may be ordered or as may
report themselves for duty on the occasion.
CIVIC PROCESSION.
The United States marshal of the District of Columbia and his aids.
The mayors of Washington and Georgetown.
The Committee of Arrangements of the two Houses of Congress.
The chaplains of the two Houses of Congress and the officiating clergyman of
the occasion.
Attending physicians to the late President.
Zachary Taylor
2595
Pallbearers.-Hon. Henry Clay, Hon. T. H. Benton, Hon. Lewis Cass, Hon. Daniel
Webster, Hon. J. M. Berrien, Hon. Truman Smith, Hon. R. C. Winthrop, Hon.
Linn Boyd, Hon. James McDowell, Hon. S. F. Vinton, Hon. Hugh White,
Hon. Isaac E. Holmes, G. W. P. Custis, esq., Hon. R. J. Walker, Chief Justice
Cranch, Joseph Gales, esq., Major-General Jesup, Major-General Gibson, Com-
modore Ballard, Brigadier-General Henderson.
The horse used by General Taylor in the late war.
Family and relatives of the late President.
The President of the United States and the heads of Departments.
The Sergeant-at-Arms of the Senate.
The Senate of the United States, preceded by the President pro tempore
and Secretary.
The Sergeant-at-Arms of the House of Representatives.
The House of Representatives, preceded by their Speaker and Clerk.
The Chief Justice and associate justices of the Supreme Court of the United States
and its officers.
The diplomatic corps.
Governors of States and Territories.
Ex-members of Congress.
Members of State legislatures.
District judges of the United States.
Judges of the circuit and criminal courts of the District of Columbia, with the
members of the bar and officers of the courts.
The judges of the several States.
The Comptroller of the Treasury, Auditors, Treasurer, Register, Solicitor, and Com-
missioners of Land Office, Pensions, Indian Affairs, Patents, and Public Buildings.
The clerks, etc., of the several Departments, preceded by their respective chief clerks,
and all other civil officers of the Government.
Clergy of the District of Columbia and elsewhere.
Officers and soldiers of the Revolution.
Corporate authorities of Washington.
Corporate authorities of Georgetown.
Officers and soldiers who served in the War of 1812 and in the late war.
Presidents, professors, and students of the colleges of the District of Columbia.
Such societies and fraternities as may wish to join the procession, to report to the
marshal of the District, who will assign them their respective positions.
Citizens and strangers.
The procession will move from the President's house at 1 o'clock pre-
cisely, or on the conclusion of the religious services.
DANIEL WEBSTER,
Chairman of the Committee on the part of the Senate.
CHAS. M. CONRAD,
Chairman of the Committee on the part of the House of Representatives.
[From official records in the War Department.]
GENERAL ORDERS, No. 22.
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
Washington, July 11, 1850.
The joint committees of the Congress of the United States having
designated the General in Chief, Major-General Scott, to take charge
2596
Messages and Papers of the Presidents
of the military arrangements for the funeral ceremonies of the late Presi-
dent of the United States, the Secretary of War directs that the Com-
manding General of the Army give the necessary orders and instructions
accordingly. The military arrangements will conform to the directions
found in the reports of the special committees of the Senate and House
of Representatives.
By order of the Secretary of War:
R. JONES, Adjutant-General.
GENERAL ORDERS.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
Washington, July 12, 1850.
The Major-General Commanding the Army of the United States, hav-
ing been charged by the joint committees of Congress with the military
preparations for the funeral honors to be paid to the illustrious states-
man, soldier, and citizen, Zachary Taylor, late President of the United
States, directs the following order of arrangement:
ORDER OF THE MILITARY PROCESSION.
FUNERAL ESCORT.
(In column of march.)
Infantry.-Maryland volunteers; volunteer troops from other States; battalion of
volunteers from the District of Columbia.
Firing party (to be commanded by an officer of the Army).-Two companies of
volunteers from Washington; two companies of volunteers from Baltimore; bat-
talion of United States marines; battalion of United States artillery, as infantry;
troop of United States light artillery.
Dismounted officers of volunteers, Marine Corps, Navy, and Army, in the order named.
Mounted officers of volunteers, Marine Corps, Navy, and Army, in the order named.
Major-General Walter Jones, commanding the militia; aids-de-camp.
Major-General Winfield Scott, commanding the Army; aids-de-camp.
The troops will be formed in line in the Avenue, north of the Presi-
dent's mansion, precisely at II o'clock a. m., Saturday, the 13th instant,
with the right (Brevet Major Sedgwick's troop of light artillery) resting
opposite the War Department.
The procession will move at 1 o'clock p. m., when minute guns will be
fired by detachments of artillery stationed near St. John's church, the
City Hall, and the Capitol, respectively.
On arriving on the north front of the Congressional Burial Ground
the escort will be formed in two lines, the first consisting of the firing
party, facing the cemetery and 30 paces from it; the second composed of
the rest of the infantry, 20 paces in rear; the battery of artillery to take
position on the rising ground 100 paces in rear of the second line.
At sunrise to-morrow (the 13th instant) a Federal salute will be fired
Zachary Taylor
2597
from the military stations in the vicinity of Washington, minute guns
between the hours of 1 and 3, and a national salute at the setting of
the sun.
The usual badge of mourning will be worn on the left arm and on the
hilt of the sword.
The Adjutant-General of the Army is charged with the details of the
military arrangements of the day, aided by the Assistant Adjutants-Gen-
eral on duty at Washington, by Brevet Lieutenant-Colonel Swords, of the
staff, and Lieutenant W. T. Sherman, Third Artillery.
The United States marshal of the District of Columbia having been
charged with the direction of the civic procession, the military will co-
operate in the general order of arrangements.
By command of Major-General Scott:
R. JONES,
Adjutant-General.
[From the Daily National Intelligencer, July 12, 1850.]
GENERAL ORDER.
The major-general, zealous to execute the honorable commission in
which the joint committees of Congress have associated him with the
General in Chief of the Army, deems it proper and conducive to the end
in view to make the best preparation in his power for carrying into effect
the field arrangements of the military movements in the procession of the
funeral of the late President, arrangements which must necessarily await
the arrival of the General in Chief. For that purpose he thinks it expe-
dient to appoint a general rendezvous where all the corps and companies
of militia, including all who may march from any of the States with those
of this District, may assemble at an early hour in the morning of Satur-
day, the 13th instant, and there receive final orders for being formed and
posted. They are therefore requested to take notice that such rendezvous
is in front of the City Hall. The corps and companies from the States
are requested to repair to this general rendezvous immediately on arrival;
those of the District not later than 9 o'clock a. m. The commandants
of corps and companies are expected to report, immediately on arriving
at the rendezvous, to the major-general or such staff officer as may be
detailed for the purpose, the strength of their respective commands.
All officers no on duty in their respective corps or companies are
requested to appear in full uniform and mounted. The post intended
for them is in the personal suite of the General in Chief. The major-
general knows of no more honorable or more interesting post that he
could assign them in time of peace than that of following the lead of the
renowned Scott in the procession of the funeral of the renowned Taylor.
WALTER JONES,
Major-General Militia District of Columbia.
2598
Messages and Papers of the Presidents
RESOLUTION OF CONDOLENCE BY CONGRESS.
[From original in the State Department.]
A RESOLUTION expressing the condolence of Congress for Mrs. Margaret S. Taylor.
Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled, That the President of the United States
be requested to transmit a copy of the proceedings of the two Houses on
the 10th instant in relation to the death of the late President of the United
States to Mrs. Margaret S. Taylor, and to assure her of the profound re-
spect of the two Houses of Congress for her person and character and of
their sincere condolence on the late afflicting dispensation of Providence.
4
Millard Fillmore
July 10, 1850, to March 4, 1853
SEE ENCYCLOPEDIC INDEX.
The Encyclopedic Index is not only an index to the other volumes, not only a key that
unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged
brief history or story of the great controlling events constituting the History of the United
States.
Under its proper alphabetical classification the story is told of every great subject
referred to by any of the Presidents in their official Messages, and at the end of each article
the official utterances of the Presidents themselves are cited upon the subject, so that you
may readily turn to the page in the body of the work itself for this original information.
Next to the possession of knowledge is the ability to turn at will to where knowledge
is to be found.
84

-
•
OLD HOME AT BUFFALO, NEW YORK, OF
MILLARD FILLMORE
With official portrait engraved from copy of original in steel
Millard Fillmore
MILLARD FILLMORE was born February 7, 1800, in the township of
Locke (now Summerhill), Cayuga County, N. Y. He was the second son
of Nathaniel Fillmore and Phoebe Millard. His ancestors served with
distinction in the French and Revolutionary wars. He attended the
primitive schools in the neighborhood three months in the year, devoting
the other nine to working on his father's farm. His father, having formed
a distaste for farming, was desirous that his sons should follow other oc-
cupations. Accordingly, Millard, after serving an apprenticeship for a
few months, began in 1815 the business of carding and dressing cloth.
Was afterwards a school-teacher. In 1819 decided to become a lawyer,
and in 1823, although he had not completed the usual course required,
was admitted as an attorney by the court of common pleas of Erie County.
February 5, 1826, was married to Miss Abigail Powers, daughter of a
clergyman. In 1827 was admitted as an attorney and two years later
as counselor before the supreme court. In 1830 removed to Buffalo and
became a successful lawyer. His political career began and ended with
the birth and extinction of the Whig party. Was elected to the legisla-
ture of his State in 1828, and served three terms; while there he was dis-
tinguished by his advocacy of the act to abolish imprisonment for debt,
which passed in 1831. In 1832 was elected to Congress, and after serv-
ing one term retired till 1836, when he was reelected, and again returned
in 1838 and 1840, declining a renomination in 1842. Was the author of
the tariff of 1842. He retired from Congress in 1843. Was an unsuc-
cessful candidate for Vice-President before the Whig convention at Balti-
more in 1844. Was nominated by acclamation for governor of New York
in the following September, but was defeated by Silas Wright. In 1847
was elected comptroller of the State. In 1848 was nominated by the
Whigs for Vice-President on the ticket with General Taylor and was
elected in the following November. He presided as Vice-President with
strict impartiality during exciting debates in the Senate. By the death
of President Taylor became President July 10, 1850. Was a candidate
for President at the Whig convention in 1852, but General Scott received
the nomination. Three weeks after the close of his Administration his
wife died. Afterwards married Caroline C. McIntosh, who survived him.
In 1856, while in Rome, he was nominated for the Presidency by the
2599
2600
Messages and Papers of the Presidents
American (Whig) party, but was defeated by Mr. Buchanan. After
his retirement from office he resided in Buffalo the remainder of his
life. He established the Buffalo Historical Society. Was called upon to
welcome distinguished visitors to his city, and frequently presided over
conventions and other public meetings, but held no office after retiring
from the Presidency. He again visited Europe in 1866. Died at Buf-
falo, N. Y., March 8, 1874, and was buried in that city in Forest Lawn
Cemetery,
SPECIAL MESSAGES.
WASHINGTON, July 10, 1850.
Fellow-Citizens of the Senate and House of Representatives:
A great man has fallen among us, and a whole country is called to an
occasion of unexpected, deep, and general mourning.
I recommend to the two Houses of Congress to adopt such measures as
in their discretion may seem proper to perform with due solemnities the
funeral obsequies of Zachary Taylor, late President of the United States,
and thereby to signify the great and affectionate regard of the American
people for the memory of one whose life has been devoted to the public
service, whose career in arms has not been surpassed in usefulness or
brilliancy, who has been so recently raised by the unsolicited voice of the
people to the highest civil authority in the Government, which he admin-
istered with so much honor and advantage to his country, and by whose
sudden death so many hopes of future usefulness have been blighted
forever.
To you, Senators and Representatives of a nation in tears, I can say
nothing which can alleviate the sorrow with which you are oppressed. I
appeal to you to aid me, under the trying circumstances which surround
me, in the discharge of the duties from which, however much I may be
oppressed by them, I dare not shrink; and I rely upon Him who holds
in His hands the destinies of nations to endow me with the requisite
strength for the task and to avert from our country the evils apprehended
from the heavy calamity which has befallen us.
I shall most readily concur in whatever measures the wisdom of the two
Houses may suggest as befitting this deeply melancholy occasion.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, July 15, 1850.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty between the United States and the Republic of Peru, signed
in this city on the 13th instant by the plenipotentiaries of the parties.
Millard Fillmore
2601
A report from the Secretary of State relative to the treaty, and the
documents therein referred to, are also herewith transmitted.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, July 17, 1850.
In further answer to a resolution of the Senate of the 27th ultimo, in
reference to a proclamation issued by the military officer commanding
in New Mexico and other matters, I herewith transmit a report from the
Secretary of War, communicating information not received at the Depart-
ment until after the date of his report of the 1st instant on this subject.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, July 17, 1850.
In answer to a resolution of the Senate of the 1st instant, requesting
the President to furnish the Senate with "the report and map of Lieu-
tenant J. D. Webster, Corps of Topographical Engineers, of a survey of
the Gulf coast at the mouth of the Rio Grande and its vicinity,” and in
compliance therewith, I transmit herewith a report from the Secretary of
War, accompanied by the report and map above referred to.
MILLARD FILLMORE.
WASHINGTON, July 18, 1850.
To the House of Representatives of the United States:
I herewith transmit to the House of Representatives, in compliance
with the request contained in their resolution of the 24th day of January
last, the information asked for by that resolution, relating to certain pro-
ceedings of the British Government in the forcible seizure and occupation
of the island of Tigre; also all the "facts, circumstances, and communi-
cations within the knowledge of the Executive relative to any seizure or
occupation, or attempted seizure or occupation, by the British Govern-
ment of any port, river, town, territory, or island belonging to or claimed
by any of the States of Central America."
The resolution of the House speaks of the island of Tigre, in the State
of Nicaragua. I am not aware of the existence of any such island in that
State, and presume that the resolution refers to the island of the same
name in the Gulf of Fonseca, in the State of Honduras.
The concluding part of the resolution, requesting the President to com-
municate to the House all treaties not heretofore published which may
have been negotiated with any of the States of Central America "by
any person acting by authority of the late Administration or under the
2602
Messages and Papers of the Presidents
auspices of the present Administration," so far as it has reference to
treaties negotiated with any of those States by instructions from this
Government, can not be complied with, inasmuch as those treaties have
not been acted upon by the Senate of the United States, and are now
in the possession of that body, to whom by the Constitution they are
directed to be transmitted for advice in regard to their ratification.
But as its communication is not liable to the same objection, I transmit
for the information of the House a copy of a treaty in regard to a ship
canal across the Isthmus, negotiated by Elijah Hise, our late chargé
d'affaires in Guatemala, with the Government of Nicaragua on the 21st
day of June, 1849, accompanied by copies of his instructions from and
correspondence with the Department of State.
I shall cheerfully comply with the request of the House of Represent-
atives to lay before them the treaties negotiated with the States of Cen-
tral America, now before the Senate, whenever it shall be compatible with
the public interest to make the communication. For the present I com-
municate herewith a copy of the treaty with Great Britain and of the
correspondence between the American Secretary of State and the Brit-
ish plenipotentiary at the time it was concluded. The ratifications of it
were exchanged at Washington on the 4th day of July instant.
I also transmit the report of the Secretary of State, to whom the resolu-
tion of the House was referred, and who conducted the negotiations rela-
tive to Central America, under the direction of my lamented predecessor.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, July 20, 1850.
I herewith transmit to the Senate, with a view to its ratification, a con-
vention between the United States and the Mexican Republic for the
extradition of fugitives from justice. This convention was negotiated
under the directions of my predecessor, and was signed this day by John
M. Clayton, Secretary of State, on the part of the United States, and by
Señor Don Luis de la Rosa, envoy extraordinary and minister plenipo-
tentiary of Mexico, on the part of that Republic. The length of the
boundary line between the two countries, extending, as it does, from
the Pacific to the Gulf, renders such a convention indispensable to the
maintenance of good order and the amicable relations now so happily
subsisting between the sister Republics.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, July 23, 1850.
I lay before the Senate, for their consideration and advice as to its rati-
fication, a treaty concluded in the city of Washington on the 1st day of
Millard Fillmore
2603
April, 1850, by and between Ardavan S. Loughery, commissioner on the
part of the United States, and delegates of the Wyandott tribe of Indians.
I also lay before the Senate a letter from the Secretary of the Interior
and the papers therein referred to.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, July 30, 1850.
I herewith transmit to the Senate, in answer to its resolution of the
5th instant, requesting the President to communicate to that body "any
information, if any has been received by the Government, showing that an
American vessel has been recently stopped upon the high seas and searched
by a British ship of war," the accompanying copies of papers. The Gov-
ernment has no knowledge of any alleged stopping or searching on the
high seas of American vessels by British ships of war except in the cases
therein mentioned. The circumstances of these cases will appear by the
inclosed correspondence, taken from the files of the Navy Department.
No remonstrance or complaint by the owners of these vessels has been
presented to the Government of the United States.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 2, 1850.
I have the honor to transmit herewith a report of the Secretary of War,
in answer to a resolution of the Senate passed on the 8th of July last, call-
ing for information in relation to the removal of Fort Polk, etc. The
documents accompanying the report contain all the information required
by the resolution.
MILLARD FILLMORE.
WASHINGTON, August 6, 1850.
To the Senate and House of Representatives:
I herewith transmit to the two Houses of Congress a letter from his
excellency the governor of Texas, dated on the 14th day of June last,
addressed to the late President of the United States, which, not having
been answered by him, came to my hands on his death; and I also trans-
mit a copy of the answer which I have felt it to be my duty to cause to
be made to that communication.
Congress will perceive that the governor of Texas officially states that
by authority of the legislature of that State he dispatched a special com-
missioner with full power and instructions to extend the civil jurisdiction
of the State over the unorganized counties of El Paso, Worth, Presidio,
and Santa Fe, situated on its northwestern limits.
He proceeds to say that the commissioner had reported to him in an
2604
Messages and Papers of the Presidents
official form that the military officers employed in the service of the
United States stationed at Santa Fe interposed adversely with the inhab-
itants to the fulfillment of his object in favor of the establishment of a
separate State government east of the Rio Grande, and within the right-
ful limits of the State of Texas. These four counties, which Texas thus
proposes to establish and organize as being within her own jurisdiction,
extend over the whole of the territory east of the Rio Grande, which has
heretofore been regarded as an essential and integral part of the depart-
ment of New Mexico, and actually governed and possessed by her people
until conquered and severed from the Republic of Mexico by the Ameri-
can arms.
The legislature of Texas has been called together by her governor for
the purpose, as is understood, of maintaining her claim to the territory
east of the Rio Grande and of establishing over it her own jurisdiction
and her own laws by force.
These proceedings of Texas may well arrest the attention of all branches
of the Government of the United States, and I rejoice that they occur
while the Congress is yet in session. It is, I fear, far from being impos-
sible that, in consequence of these proceedings of Texas, a crisis may be
brought on which shall summon the two Houses of Congress, and still
more emphatically the executive government, to an immediate readiness
for the performance of their respective duties.
By the Constitution of the United States the President is constituted
Commander in Chief of the Army and Navy, and of the militia of the
several States when called into the actual service of the United States.
The Constitution declares also that he shall take care that the laws be
faithfully executed and that he shall from time to time give to the Con-
gress information of the state of the Union.
Congress has power by the Constitution to provide for calling forth
the militia to execute the laws of the Union, and suitable and appropriate
acts of Congress have been passed as well for providing for calling forth
the militia as for placing other suitable and efficient means in the hands
of the President to enable him to discharge the constitutional functions of
his office.
The second section of the act of the 28th of February, 1795, declares
that whenever the laws of the United States shall be opposed or their
execution obstructed in any State by combinations too powerful to be
suppressed by the ordinary course of judicial proceedings or the power
vested in the marshals, the President may call forth the militia, as far as
may be necessary, to suppress such combinations and to cause the laws
to be duly executed.
By the act of March 3, 1807, it is provided that in all cases of obstruc-
tion to the laws either of the United States or any individual State or
Territory, where it is lawful for the President to call forth the militia for
the purpose of causing the laws to be duly executed, it shall be lawful
Millard Fillmore
2605
for him to employ for the same purposes such part of the land or naval
force of the United States as shall be judged necessary.
These several enactments are now in full force, so that if the laws of the
United States are opposed or obstructed in any State or Territory by com-
binations too powerful to be suppressed by the judicial or civil authorities.
it becomes a case in which it is the duty of the President either to call
out the militia or to employ the military and naval force of the United
States, or to do both if in his judgment the exigency of the occasion.
shall so require, for the purpose of suppressing such combinations. The
constitutional duty of the President is plain and peremptory and the
authority vested in him by law for its performance clear and ample.
Texas is a State, authorized to maintain her own laws so far as they
are not repugnant to the Constitution, laws, and treaties of the United
States; to suppress insurrections against her authority, and to punish those
who may commit treason against the State according to the forms pro-
vided by her own constitution and her own laws.
But all this power is local and confined entirely within the limits of
Texas herself. She can possibly confer no authority which can be law-
fully exercised beyond her own boundaries.
All this is plain, and hardly needs argument or elucidation. If Texas
militia, therefore, march into any one of the other States or into any Ter-
ritory of the United States, there to execute or enforce any law of Texas,
they become at that moment trespassers; they are no longer under the
protection of any lawful authority, and are to be regarded merely as in-
truders; and if within such State or Territory they obstruct any law of
the United States, either by power of arms or mere power of numbers,
constituting such a combination as is too powerful to be suppressed by
the civil authority, the President of the United States has no option left
to him, but is bound to obey the solemn injunction of the Constitution
and exercise the high powers vested in him by that instrument and by
the acts of Congress.
Or if any civil posse, armed or unarmed, enter into any Territory of the
United States, under the protection of the laws thereof, with intent to seize
individuals, to be carried elsewhere for trial for alleged offenses, and this
posse be too powerful to be resisted by the local civil authorities, such
seizure or attempt to seize is to be prevented or resisted by the authority
of the United States.
The grave and important question now arises whether there be in the
Territory of New Mexico any existing law of the United States opposi-
tion to which or the obstruction of which would constitute a case calling
for the interposition of the authority vested in the President.
The Constitution of the United States declares that—
This Constitution, and the laws of the United States which shall be made in pursu-
ance thereof, and all treaties made, or which shall be made, under the authority of
the United States, shall be the supreme law of the land.
2606
Messages and Papers of the Presidents
If, therefore, New Mexico be a Territory of the United States, and if
any treaty stipulation be in force therein, such treaty stipulation is the
supreme law of the land, and is to be maintained and upheld accordingly.
In the letter to the governor of Texas my reasons are given for be-
lieving that New Mexico is now a Territory of the United States, with
the same extent and the same boundaries which belonged to it while
in the actual possession of the Republic of Mexico, and before the late
In the early part of that war both California and New Mexico
were conquered by the arms of the United States, and were in the mili-
tary possession of the United States at the date of the treaty of peace.
war.
By that treaty the title by conquest was confirmed and these territo-
ries, provinces, or departments separated from Mexico forever, and by
the same treaty certain important rights and securities were solemnly
guaranteed to the inhabitants residing therein.
By the fifth article of the treaty it is declared that—
The boundary line between the two Republics shall commence in the Gulf of
Mexico 3 leagues from land, opposite the mouth of the Rio Grande, otherwise called
Rio Bravo del Norte, or opposite the mouth of its deepest branch if it should have
more than one branch emptying directly into the sea; from thence up the middle of
that river, following the deepest channel where it has more than one, to the point
where it strikes the southern boundary of New Mexico; thence westwardly, along
the whole southern boundary of New Mexico (which runs north of the town called
Paso) to its western termination; thence northward along the western line of New
Mexico until it intersects the first branch of the river Gila (or, if it should not inter-
sect any branch of that river, then to the point on the said line nearest to such
branch, and thence in a direct line to the same); thence down the middle of the
said branch and of the said river until it empties into the Rio Colorado; thence across
the Rio Colorado, following the division line between Upper and Lower California,
to the Pacific Ocean.
The eighth article of the treaty is in the following terms:
Mexicans now established in territories previously belonging to Mexico, and
which remain for the future within the limits of the United States as defined by the
present treaty, shall be free to continue where they now reside or to remove at any
time to the Mexican Republic, retaining the property which they possess in the said
territories, or disposing thereof and removing the proceeds wherever they please
without their being subjected on this account to any contribution, tax, or charge
whatever.
Those who shall prefer to remain in the said territories may either retain the title
and rights of Mexican citizens or acquire those of citizens of the United States; but
they shall be under the obligation to make their election within one year from the
date of the exchange of ratifications of this treaty; and those who shall remain in
the said territories after the expiration of that year without having declared their
intention to retain the character of Mexicans shall be considered to have elected to
become citizens of the United States.
In the said territories property of every kind now belonging to Mexicans not estab-
lished there shall be inviolably respected. The present owners, the neirs of these,
and all Mexicans who may hereafter acquire said property by contract shall enjoy
with respect to it guaranties equally ample as if the same belonged to citizens of the
United States.
Millard Fillmore
2607
The ninth article of the treaty is in these words:
The Mexicans who, in the territories aforesaid, shall not preserve the character of
citizens of the Mexican Republic, conformably with what is stipulated in the pre-
ceding article, shall be incorporated into the Union of the United States and be
admitted at the proper time (to be judged of by the Congress of the United States) to
the enjoyment of all the rights of citizens of the United States according to the prin-
ciples of the Constitution, and in the meantime shall be maintained and protected
in the free enjoyment of their liberty and property and secured in the free exercise
of their religion without restriction.
It is plain, therefore, on the face of these treaty stipulations that all
Mexicans established in territories north or east of the line of demarca-
tion already mentioned come within the protection of the ninth article,
and that the treaty, being a part of the supreme law of the land, does
extend over all such Mexicans, and assures to them perfect security in
the free enjoyment of their liberty and property, as well as in the free
exercise of their religion; and this supreme law of the land, being thus
in actual force over this territory, is to be maintained until it shall be
displaced or superseded by other legal provisions; and if it be obstructed
or resisted by combinations too powerful to be suppressed by the civil
authority the case is one which comes within the provisions of law and
which obliges the President to enforce those provisions. Neither the
Constitution nor the laws nor my duty nor my oath of office leave me
any alternative or any choice in my mode of action.
The executive government of the United States has no power or author-
ity to determine what was the true line of boundary between Mexico and
the United States before the treaty of Guadalupe Hidalgo, nor has it any
such power now, since the question has become a question between the
State of Texas and the United States. So far as this boundary is doubt-
ful, that doubt can only be removed by some act of Congress, to which
the assent of the State of Texas may be necessary, or by some appropri-
ate mode of legal adjudication; but in the meantime, if disturbances.
or collisions arise or should be threatened, it is absolutely incumbent on
the executive government, however painful the duty, to take care that the
laws be faithfully maintained; and he can regard only the actual state of
things as it existed at the date of the treaty, and is bound to protect all
inhabitants who were then established and who now remain north and
east of the line of demarcation in the full enjoyment of their liberty
and property, according to the provisions of the ninth article of the
treaty. In other words, all must be now regarded as New Mexico which
was possessed and occupied as New Mexico by citizens of Mexico at the
date of the treaty until a definite line of boundary shall be established
by competent authority.
This assertion of duty to protect the people of New Mexico from
threatened violence, or from seizure to be carried into Texas for trial for
alleged offenses against Texan laws, does not at all include any claim
of power on the part of the Executive to establish any civil or military
2608
Messages and Papers of the Presidents
government within that Territory. That power belongs exclusively to
the legislative department, and Congress is the sole judge of the time
and manner of creating or authorizing any such government.
The duty of the Executive extends only to the execution of laws and
the maintenance of treaties already in force and the protection of all the
people of the United States in the enjoyment of the rights which those
treaties and laws guarantee.
It is exceedingly desirable that no occasion should arise for the exer-
cise of the powers thus vested in the President by the Constitution and
the laws. With whatever mildness those powers might be executed,
or however clear the case of necessity, yet consequences might, neverthe-
less, follow of which no human sagacity can foresee either the evils or the
end.
Having thus laid before Congress the communication of his excellency
the governor of Texas and the answer thereto, and having made such
observations as I have thought the occasion called for respecting consti-
tutional obligations which may arise in the further progress of things and
may devolve on me to be performed, I hope I shall not be regarded as
stepping aside from the line of my duty, notwithstanding that I am aware
that the subject is now before both Houses, if I express my deep and ear-
nest conviction of the importance of an immediate decision or arrange-
ment or settlement of the question of boundary between Texas and the
Territory of New Mexico. All considerations of justice, general expedi-
ency, and domestic tranquillity call for this. It seems to be in its char-
acter and by position the first, or one of the first, of the questions growing
out of the acquisition of California and New Mexico, and now requiring
decision.
No government can be established for New Mexico, either State or
Territorial, until it shall be first ascertained what New Mexico is, and
what are her limits and boundaries. These can not be fixed or known
till the line of division between her and Texas shall be ascertained and
established; and numerous and weighty reasons conspire, in my judg-
ment, to show that this divisional line should be established by Congress.
with the assent of the government of Texas. In the first place, this seems
by far the most prompt mode of proceeding by which the end can be
accomplished. If judicial proceedings were resorted to, such proceedings
would necessarily be slow, and years would pass by, in all probability,
before the controversy could be ended. So great a delay in this case is
to be avoided if possible. Such delay would be every way inconvenient,
and might be the occasion of disturbances and collisions. For the same
reason I would, with the utmost deference to the wisdom of Congress,
express a doubt of the expediency of the appointment of commissioners,
and of an examination, estimate, and an award of indemnity to be made
by them. This would be but a species of arbitration, which might last
as long as a suit at law.
Millard Fillmore
2609
So far as I am able to comprehend the case, the general facts are now
all known, and Congress is as capable of deciding on it justly and prop-
erly now as it probably would be after the report of the commissioners.
If the claim of title on the part of Texas appears to Congress to be well
founded in whole or in part, it is in the competency of Congress to offer
her an indemnity for the surrender of that claim. In a case like this,
surrounded, as it is, by many cogent considerations, all calling for amica-
ble adjustment and immediate settlement, the Government of the United
States would be justified, in my opinion, in allowing an indemnity to
Texas, not unreasonable or extravagant, but fair, liberal, and awarded in
a just spirit of accommodation.
I think no event would be hailed with more gratification by the people
of the United States than the amicable adjustment of questions of diffi-
culty which have now for a long time agitated the country and occupied,
to the exclusion of other subjects, the time and attention of Congress.
Having thus freely communicated the results of my own reflections on
the most advisable mode of adjusting the boundary question, I shall nev-
ertheless cheerfully acquiesce in any other mode which the wisdom of
Congress may devise. And in conclusion I repeat my conviction that
every consideration of the public interest manifests the necessity of a
provision by Congress for the settlement of this boundary question be-
fore the present session be brought to a close. The settlement of other
questions connected with the same subject within the same period is
greatly to be desired, but the adjustment of this appears to me to be in
the highest degree important. In the train of such an adjustment we
may well hope that there will follow a return of harmony and good will,
an increased attachment to the Union, and the general satisfaction of the
country.
MILLARD FILLMORE.
WASHINGTON, August 8, 1850.
To the Senate and House of Representatives:
It has been suggested that the language in the first paragraph of my
message to the two Houses of Congress of the 6th instant may convey
the idea that Governor Bell's letter to my predecessor was received by
him before his death. It was addressed to him, but appears, in point of
fact, to have been sent to me from the post-office after his death.
I make this communication to accompany the message and prevent
misapprehension.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 10, 1850.
I transmit herewith a communication from the Department of the In-
terior and the papers which accompanied it, being the first part of the
2610
Messages and Papers of the Presidents
results of investigations by Henry R. Schoolcraft, esq., under the provi-
sions of an act of Congress approved March 3, 1847, requiring the Secre
tary of War "to collect and digest such statistics and materials as may
illustrate the history, the present condition, and future prospects of the
Indian tribes of the United States."
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 24, 1850.
I have the honor to transmit herewith a report submitted by the Sec-
retary of the Treasury, to whom was referred the resolution of the Senate.
of the 31st July last, requesting to be furnished with certain information
in relation to the commerce, etc., of the district of Brazos Santiago, in
Texas.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 26, 1850.
I have the honor to inclose herewith a letter just received from the Sec-
retary of War, transmitting a communication from the Colonel of the
Corps of Topographical Engineers, with accompanying papers, which he
requests may be taken as a supplement to the "report and map of Lieu-
tenant J. D. Webster, Corps of Topographical Engineers, of a survey of
the Gulf coast at the mouth of the Rio Grande and its vicinity," called
for by a resolution of the Senate of the 1st of July last.
MILLARD FILLMORE.
WASHINGTON, September 2, 1850.
To the Senate of the United States:
I have the honor herewith to transmit to your honorable body a report
from the Secretary of the Navy, accompanied by copies of the correspond-
ence relating to the resignation of Edward C. Anderson, a lieutenant in
the Navy, in answer to a resolution of the Senate of August 28, 1850,
adopted in executive session.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, September 9, 1850.
In answer to a resolution of the Senate of the 5th instant, I have the
honor herewith to transmit to the Senate a letter from the Secretary of
State, accompanied by a copy of the report of the commissioner to China.
made in pursuance of the provisions of the act to carry into effect certain
provisions of the treaties between the United States and China and the
Ottoman Porte, giving certain judicial powers, etc.
MILLARD FILLMORE.
Millard Fillmore
2611
To the Senate of the United States:
WASHINGTON, September 9, 1850.
In compliance with the request of the Hon. Manuel Alvarez, acting
governor, etc., I have the honor to transmit to the Senate herewith a
copy of the constitution recently adopted by the inhabitants of New
Mexico, together with a digest of the votes for and against it.
Congress having just passed a bill providing a Territorial government
for New Mexico, I do not deem it advisable to submit any recommenda-
tion on the subject of a State government.
MILLARD FILLMORE.
WASHINGTON, September 12, 1850.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES.
SIR: In answer to a resolution of the House of Representatives adopted
September 2, 1850, calling upon me to communicate the full and exact
cost of each of the lines of mail steamers now in service, etc., I have the
honor to transmit herewith reports from the Secretary of the Navy and
Postmaster-General, containing the desired information.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, September 16, 1850.
In answer to a resolution of the Senate of the 9th instant, adopted in
executive session, asking information in reference to the nomination of
John Howard Payne as consul to Tunis, I have the honor to transmit a
report from the Secretary of State, giving the desired information.
MILLARD FILLMORE.
WASHINGTON, September 23, 1850.
To the Senate and House of Representatives:
Having been informed that it is the wish of the family and relatives of
the late lamented President of the United States that his remains should
be removed to the State of Kentucky, and being desirous of manifesting
the most sincere and profound respect for the character of the deceased,
in which I doubt not Congress will fully concur, I have felt it to be my
duty to make known to you the wishes of the family, that you might pre-
vious to your adjournment adopt such proceedings and take such order
on the subject as in your wisdom may seem meet and proper on the
occasion.
MILLARD FILLMORE.
[The remains of the late President of the United States were removed
from Washington to Louisville, Ky., October 25, 1850.]
2612
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, September 27, 1850.
I herewith transmit to the Senate, in answer to their resolution of the
23d instant, a report from the Secretary of State, with the papers* therein
referred to.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, September 28, 1850.
In answer to your resolution of the 24th instant, expressing an opin-
ion adverse to the alleged resignation of Lieutenant Anderson, of the
Navy, I have the honor herewith to transmit a report from the Secre-
tary of the Navy, accompanied by the correspondence in reference to
such resignation.
Regarding the opinion of the Senate in this matter with the most pro-
found respect, I have given to the subject the most anxious considera-
tion, and submitted the question to the deliberation of my Cabinet, and
after a careful examination of the whole correspondence they are unani-
mously of opinion that Lieutenant Anderson tendered his resignation,
which was duly accepted, and that he was therefore rightfully dropped
from the Register. I concur fully in this opinion. With these convic-
tions I feel compelled to adhere to the decision of my lamented predeces-
sor, and can only regret that I have the misfortune in this instance to
differ from those for whom, individually and collectively, I entertain the
highest respect.
MILLARD FILLMORE.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 24th
of May, 1828, entitled "An act in addition to an act entitled 'An act
concerning discriminating duties of tonnage and impost' and to equalize
the duties on Prussian vessels and their cargoes," it is provided that
upon satisfactory evidence being given to the President of the United
States by the government of any foreign nation that no discriminating
duties of tonnage or impost are imposed or levied in the ports of the said
nation upon vessels wholly belonging to citizens of the United States, or
upon the produce, manufactures, or merchandise imported in the same
from the United States or from any foreign country, the President is
thereby authorized to issue his proclamation declaring that the foreign
discriminating duties of tonnage and impost within the United States
* Communications from the United States minister to Turkey relative to the Hungarian exiles.
Millard Fillmore
2613
are and shall be suspended and discontinued so far as respects the vessels
of the said foreign nation and the produce, manufactures, or merchan-
dise imported into the United States in the same from the said foreign
nation or from any other foreign country, the said suspension to take
effect from the time of such notification being given to the President of
the United States and to continue so long as the reciprocal exemption
of vessels belonging to citizens of the United States and their cargoes, as
aforesaid, shall be continued, and no longer; and
Whereas satisfactory evidence has lately been received by me from
the Government of the Republic of Chile, through an official communi-
cation of Señor Don Manuel Carvallo, accredited to this Government as
envoy extraordinary and minister plenipotentiary of that Republic, under
date of the 31st of October, 1850, that no other or higher duties of ton-
nage and impost are imposed or levied in the ports of Chile upon vessels
wholly belonging to citizens of the United States and upon the produce,
manufactures, or merchandise imported in the same from the United
States and from any foreign country whatever than are levied on Chilean
ships and their cargoes in the same ports and under like circumstances:
Now, therefore, I, Millard Fillmore, President of the United States of
America, do hereby declare and proclaim that so much of the several acts
imposing discriminating duties of tonnage and impost within the United
States are and shall be suspended and discontinued so far as respects.
the vessels of Chile and the produce, manufactures, and merchandise
imported into the United States in the same from Chile and from any
other foreign country whatever, the said suspension to take effect from
the day above mentioned and to continue thenceforward so long as the
reciprocal exemption of the vessels of the United States and the prod-
uce, manufactures, and merchandise imported into Chile in the same,
as aforesaid, shall be continued on the part of the Government of Chile.
Given under my hand, at the city of Washington, this 1st day of No-
vember, A. D. 1850, and the seventy-fifth of the Independence of the
United States.
MILLARD FILLMORE.
By the President:
W. S. DERRICK, Acting Secretary of State.
FIRST ANNUAL MESSAGE.
WASHINGTON, December 2, 1850.
Fellow-Citizens of the Senate and of the House of Representatives:
Being suddenly called in the midst of the last session of Congress by
a painful dispensation of Divine Providence to the responsible station
which I now hold, I contented myself with such communications to the
Legislature as the exigency of the moment seemed to require. The
2614
Messages and Papers of the Presidents
country was shrouded in mourning for the loss of its venerable Chief
Magistrate and all hearts were penetrated with grief. Neither the
time nor the occasion appeared to require or to justify on my part any
general expression of political opinions or any announcement of the
principles which would govern me in the discharge of the duties to the
performance of which I had been so unexpectedly called. I trust, there-
fore, that it may not be deemed inappropriate if I avail myself of this
opportunity of the reassembling of Congress to make known my senti-
ments in a general manner in regard to the policy which ought to be
pursued by the Government both in its intercourse with foreign nations
and its management and administration of internal affairs.
Nations, like individuals in a state of nature, are equal and independ-
ent, possessing certain rights and owing certain duties to each other,
arising from their necessary and unavoidable relations; which rights
and duties there is no common human authority to protect and enforce.
Still, they are rights and duties, binding in morals, in conscience, and
in honor, although there is no tribunal to which an injured party can
appeal but the disinterested judgment of mankind, and ultimately the
arbitrament of the sword.
Among the acknowledged rights of nations is that which each possesses
of establishing that form of government which it may deem most condu-
cive to the happiness and prosperity of its own citizens, of changing that
form as circumstances may require, and of managing its internal affairs
according to its own will. The people of the United States claim this
right for themselves, and they readily concede it to others. Hence it
becomes an imperative duty not to interfere in the government or inter-
nal policy of other nations; and although we may sympathize with the
unfortunate or the oppressed everywhere in their struggles for freedom,
our principles forbid us from taking any part in such foreign contests.
We make no wars to promote or to prevent successions to thrones, to
maintain any theory of a balance of power, or to suppress the actual gov-
ernment which any country chooses to establish for itself. We instigate
no revolutions, nor suffer any hostile military expeditions to be fitted out
in the United States to invade the territory or provinces of a friendly
nation. The great law of morality ought to have a national as well as a
personal and individual application. We should act toward other nations
as we wish them to act toward us, and justice and conscience should form
the rule of conduct between governments, instead of mere power, self-
interest, or the desire of aggrandizement. To maintain a strict neutrality
in foreign wars, to cultivate friendly relations, to reciprocate every noble
and generous act, and to perform punctually and scrupulously every treaty
obligation-these are the duties which we owe to other states, and by the
performance of which we best entitle ourselves to like treatment from
them; or, if that, in any case, be refused, we can enforce our own rights
with justice and a clear conscience.
Millard Fillmore
2615
In our domestic policy the Constitution will be my guide, and in ques-
tions of doubt I shall look for its interpretation to the judicial decisions
of that tribunal which was established to expound it and to the usage of
the Government, sanctioned by the acquiescence of the country. I regard
all its provisions as equally binding. In all its parts it is the will of the
people expressed in the most solemn form, and the constituted authori-
ties are but agents to carry that will into effect. Every power which
it has granted is to be exercised for the public good; but no pretense of
utility, no honest conviction, even, of what might be expedient, can jus-
tify the assumption of any power not granted. The powers conferred
upon the Government and their distribution to the several departments
are as clearly expressed in that sacred instrument as the imperfection of
human language will allow, and I deem it my first duty not to question
its wisdom, add to its provisions, evade its requirements, or nullify its
commands.
Upon you, fellow-citizens, as the representatives of the States and the
people, is wisely devolved the legislative power. I shall comply with
my duty in laying before you from time to time any information calcu-
lated to enable you to discharge your high and responsible trust for the
benefit of our common constituents.
My opinions will be frankly expressed upon the leading subjects of
legislation; and if-which I do not anticipate-any act should pass the
two Houses of Congress which should appear to me unconstitutional, or
an encroachment on the just powers of other departments, or with pro-
visions hastily adopted and likely to produce consequences injurious and
unforeseen, I should not shrink from the duty of returning it to you, with
my reasons, for your further consideration. Beyond the due perform-
ance of these constitutional obligations, both my respect for the Legis-
lature and my sense of propriety will restrain me from any attempt to
control or influence your proceedings. With you is the power, the honor,
and the responsibility of the legislation of the country.
The Government of the United States is a limited Government. It is
confined to the exercise of powers expressly granted and such others as
may be necessary for carrying those powers into effect; and it is at all
times an especial duty to guard against any infringement on the just
rights of the States. Over the objects and subjects intrusted to Con-
gress its legislative authority is supreme. But here that authority ceases,
and every citizen who truly loves the Constitution and desires the con-
tinuance of its existence and its blessings will resolutely and firmly resist
any interference in those domestic affairs which the Constitution has
clearly and unequivocally left to the exclusive authority of the States.
And every such citizen will also deprecate useless irritation among the
several members of the Union and all reproach and crimination tending to
alienate one portion of the country from another. The beauty of our sys-
tem of government consists, and its safety and durability must consist,
2616
Messages and Papers of the Presidents
in avoiding mutual collisions and encroachments and in the regular sepa-
rate action of all, while each is revolving in its own distinct orbit.
The Constitution has made it the duty of the President to take care that
the laws be faithfully executed. In a government like ours, in which all
laws are passed by a majority of the representatives of the people, and
these representatives are chosen for such short periods that any injurious
or obnoxious law can very soon be repealed, it would appear unlikely that
any great numbers should be found ready to resist the execution of the
laws. But it must be borne in mind that the country is extensive; that
there may be local interests or prejudices rendering a law odious in one
part which is not so in another, and that the thoughtless and inconsid-
erate, misled by their passions or their imaginations, may be induced
madly to resist such laws as they disapprove. Such persons should recol-
lect that without law there can be no real practical liberty; that when
law is trampled under foot tyranny rules, whether it appears in the form
of a military despotism or of popular violence. The law is the only sure
protection of the weak and the only efficient restraint upon the strong.
When impartially and faithfully administered, none is beneath its protec-
tion and none above its control. You, gentlemen, and the country may
be assured that to the utmost of my ability and to the extent of the power
vested in me I shall at all times and in all places take care that the laws
be faithfully executed. In the discharge of this duty, solemnly imposed
upon me by the Constitution and by my oath of office, I shall shrink from
no responsibility, and shall endeavor to meet events as they may arise
with firmness, as well as with prudence and discretion.
The appointing power is one of the most delicate with which the Ex-
ecutive is invested. I regard it as a sacred trust, to be exercised with
the sole view of advancing the prosperity and happiness of the people.
It shall be my effort to elevate the standard of official employment by
selecting for places of importance individuals fitted for the posts to
which they are assigned by their known integrity, talents, and virtues.
In so extensive a country, with so great a population, and where few
persons appointed to office can be known to the appointing power, mis-
takes will sometimes unavoidably happen and unfortunate appointments
be made notwithstanding the greatest care. In such cases the power of
removal may be properly exercised; and neglect of duty or malfeasance
in office will be no more tolerated in individuals appointed by myself than
in those appointed by others.
I am happy in being able to say that no unfavorable change in our
foreign relations has taken place since the message at the opening of the
last session of Congress. We are at peace with all nations and we enjoy
in an eminent degree the blessings of that peace in a prosperous and
growing commerce and in all the forms of amicable national intercourse.
The unexampled growth of the country, the present amount of its popu-
lation, and its ample means of self-protection assure for it the respect of
Millard Fillmore
2617
all nations, while it is trusted that its character for justice and a regard
to the rights of other States will cause that respect to be readily and
cheerfully paid.
A convention was negotiated between the United States and Great
Britain in April last for facilitating and protecting the construction of
a ship canal between the Atlantic and Pacific oceans and for other pur-
poses. The instrument has since been ratified by the contracting parties,
the exchange of ratifications has been effected, and proclamation thereof
has been duly made.
In addition to the stipulations contained in this convention, two other
objects remain to be accomplished between the contracting powers:
First. The designation and establishment of a free port at each end of
the canal.
Second. An agreement fixing the distance from the shore within which
belligerent maritime operations shall not be carried on.
On these points there is little doubt that the two Governments will
come to an understanding.
The company of citizens of the United States who have acquired from
the State of Nicaragua the privilege of constructing a ship canal between
the two oceans through the territory of that State have made progress
in their preliminary arrangements. The treaty between the United States
and Great Britain of the 19th of April last, above referred to, being now
in operation, it is to be hoped that the guaranties which it offers will be
sufficient to secure the completion of the work with all practicable expe-
dition. It is obvious that this result would be indefinitely postponed
if any other than peaceful measures for the purpose of harmonizing con-
flicting claims to territory in that quarter should be adopted. It will
consequently be my endeavor to cause any further negotiations on the
part of this Government which may be requisite for this purpose to be
so conducted as to bring them to a speedy and successful close.
Some unavoidable delay has occurred, arising from distance and the
difficulty of intercourse between this Government and that of Nicaragua,
but as intelligence has just been received of the appointment of an envoy
extraordinary and minister plenipotentiary of that Government to reside
at Washington, whose arrival may soon be expected, it is hoped that
no further impediments will be experienced in the prompt transaction
of business between the two Governments.
Citizens of the United States have undertaken the connection of the
two oceans by means of a railroad across the Isthmus of Tehuantepec,
under grants of the Mexican Government to a citizen of that Republic.
It is understood that a thorough survey of the course of the communica-
tion is in preparation, and there is every reason to expect that it will be
prosecuted with characteristic energy, especially when that Government
shall have consented to such stipulations with the Government of the
United States as may be necessary to impart a feeling of security to those
2618
Messages and Papers of the Presidents
who may embark their property in the enterprise. Negotiations are
pending for the accomplishment of that object, and a hope is confidently
entertained that when the Government of Mexico shall become duly sen-
sible of the advantages which that country can not fail to derive from
the work, and learn that the Government of the United States desires
that the right of sovereignty of Mexico in the Isthmus shall remain
unimpaired, the stipulations referred to will be agreed to with alacrity.
By the last advices from Mexico it would appear, however, that that
Government entertains strong objections to some of the stipulations which
the parties concerned in the project of the railroad deem necessary for
their protection and security. Further consideration, it is to be hoped,
or some modification of terms, may yet reconcile the differences existing
between the two Governments in this respect.
Fresh instructions have recently been given to the minister of the
United States in Mexico, who is prosecuting the subject with prompti-
tude and ability.
Although the negotiations with Portugal for the payment of claims
of citizens of the United States against that Government have not yet
resulted in a formal treaty, yet a proposition, made by the Government
of Portugal for the final adjustment and payment of those claims, has
recently been accepted on the part of the United States. It gives me
pleasure to say that Mr. Clay, to whom the negotiation on the part of
the United States had been intrusted, discharged the duties of his appoint-
ment with ability and discretion, acting always within the instructions.
of his Government.
It is expected that a regular convention will be immediately negotiated
for carrying the agreement between the two Governments into effect.
The commissioner appointed under the act of Congress for carrying into
effect the convention with Brazil of the 27th of January, 1849, has entered
upon the performance of the duties imposed upon him by that act. It is
hoped that those duties may be completed within the time which it pre-
scribes. The documents, however, which the Imperial Government, by
the third article of the convention, stipulates to furnish to the Government
of the United States have not yet been received. As it is presumed that
those documents will be essential for the correct disposition of the claims,
it may become necessary for Congress to extend the period limited for
the duration of the commission. The sum stipulated by the fourth arti-
cle of the convention to be paid to this Government has been received.
The collection in the ports of the United States of discriminating duties
upon the vessels of Chili and their cargoes has been suspended, pursuant
to the provisions of the act of Congress of the 24th of May, 1828. It is to
be hoped that this measure will impart a fresh impulse to the commerce
between the two countries, which of late, and especially since our acqui-
sition of California, has, to the mutual advantage of the parties, been
much augmented.
Millard Fillmore
2619
Peruvian guano has become so desirable an article to the agricultural
interest of the United States that it is the duty of the Government to
employ all the means properly in its power for the purpose of causing
that article to be imported into the country at a reasonable price. Noth-
ing will be omitted on my part toward accomplishing this desirable end.
I am persuaded that in removing any restraints on this traffic the Peru-
vian Government will promote its own best interests, while it will afford
a proof of a friendly disposition toward this country, which will be duly
appreciated.
The treaty between the United States and His Majesty the King of
the Hawaiian Islands, which has recently been made public, will, it is
believed, have a beneficial effect upon the relations between the two
countries.
The relations between those parts of the island of St. Domingo which
were formerly colonies of Spain and France, respectively, are still in an
unsettled condition. The proximity of that island to the United States.
and the delicate questions involved in the existing controversy there
render it desirable that it should be permanently and speedily adjusted.
The interests of humanity and of general commerce also demand this;
and as intimations of the same sentiment have been received from other
governments, it is hoped that some plan may soon be devised to effect the
object in a manner likely to give general satisfaction. The Government
of the United States will not fail, by the exercise of all proper friendly
offices, to do all in its power to put an end to the destructive war which
has raged between the different parts of the island and to secure to them
both the benefits of peace and commerce.
I refer you to the report of the Secretary of the Treasury for a detailed
statement of the finances.
The total receipts into the Treasury for the year ending 30th of June
last were $47,421,748.90.
The total expenditures during the same period were $43,002,168.90.
The public debt has been reduced since the last annual report from the
Treasury Department $495,276.79.
By the nineteenth section of the act of 28th January, 1847, the pro-
ceeds of the sales of the public lands were pledged for the interest and
principal of the public debt. The great amount of those lands subse-
quently granted by Congress for military bounties will, it is believed,
very nearly supply the public demand for several years to come, and but
little reliance can, therefore, be placed on that hitherto fruitful source of
revenue. Aside from the permanent annual expenditures, which have
necessarily largely increased, a portion of the public debt, amounting to
$8,075,986.59, must be provided for within the next two fiscal years.
is most desirable that these accruing demands should be met without
resorting to new loans.
It
All experience has demonstrated the wisdom and policy of raising a
2620
Messages and Papers of the Presidents
large portion of revenue for the support of Government from duties on
goods imported. The power to lay these duties is unquestionable, and
its chief object, of course, is to replenish the Treasury. But if in doing
this an incidental advantage may be gained by encouraging the industry
of our own citizens, it is our duty to avail ourselves of that advantage.
A duty laid upon an article which can not be produced in this coun-
try, such as tea or coffee, adds to the cost of the article, and is chiefly
or wholly paid by the consumer. But a duty laid upon an article which
may be produced here stimulates the skill and industry of our own coun-
try to produce the same article, which is brought into the market in com-
petition with the foreign article, and the importer is thus compelled to
reduce his price to that at which the domestic article can be sold, thereby
throwing a part of the duty upon the producer of the foreign article. The
continuance of this process creates the skill and invites the capital which
finally enable us to produce the article much cheaper than it could have
been procured from abroad, thereby benefiting both the producer and
the consumer at home. The consequence of this is that the artisan
and the agriculturist are brought together, each affords a ready market
for the produce of the other, the whole country becomes prosperous, and
the ability to produce every necessary of life renders us independent in
war as well as in peace.
A high tariff can never be permanent. It will cause dissatisfaction,
and will be changed. It excludes competition, and thereby invites the
investment of capital in manufactures to such excess that when changed
it brings distress, bankruptcy, and ruin upon all who have been misled
by its faithless protection. What the manufacturer wants is uniformity
and permanency, that he may feel a confidence that he is not to be ruined
by sudden changes. But to make a tariff uniform and permanent it is
not only necessary that the laws should not be altered, but that the duty
should not fluctuate. To effect this all duties should be specific wher-
ever the nature of the article is such as to admit of it. Ad valorem duties
fluctuate with the price and offer strong temptations to fraud and per-
jury. Specific duties, on the contrary, are equal and uniform in all ports
and at all times, and offer a strong inducement to the importer to bring
the best article, as he pays no more duty upon that than upon one of
inferior quality. I therefore strongly recommend a modification of the
present tariff, which has prostrated some of our most important and nec-
essary manufactures, and that specific duties be imposed sufficient to raise
the requisite revenue, making such discriminations in favor of the in-
dustrial pursuits of our own country as to encourage home production
without excluding foreign competition. It is also important that an
unfortunate provision in the present tariff, which imposes a much higher
duty upon the raw material that enters into our manufactures than upon
the manufactured article, should be remedied.
The papers accompanying the report of the Secretary of the Treasury
Millard Fillmore
2621
will disclose frauds attempted upon the revenue, in variety and amount
so great as to justify the conclusion that it is impossible under any sys-
tem of ad valorem duties levied upon the foreign cost or value of the
article to secure an honest observance and an effectual administration of
the laws. The fraudulent devices to evade the law which have been
detected by the vigilance of the appraisers leave no room to doubt that
similar impositions not discovered, to a large amount, have been success-
fully practiced since the enactment of the law now in force. This state
of things has already had a prejudicial influence upon those engaged in
foreign commerce. It has a tendency to drive the honest trader from the
business of importing and to throw that important branch of employment
into the hands of unscrupulous and dishonest men, who are alike regard-
less of law and the obligations of an oath. By these means the plain
intentions of Congress, as expressed in the law, are daily defeated. Every
motive of policy and duty, therefore, impels me to ask the earnest atten-
tion of Congress to this subject. If Congress should deem it unwise to
attempt any important changes in the system of levying duties at this
session, it will become indispensable to the protection of the revenue that
such remedies as in the judgment of Congress may mitigate the evils
complained of should be at once applied.
As before stated, specific duties would, in my opinion, afford the most
perfect remedy for this evil; but if you should not concur in this view,
then, as a partial remedy, I beg leave respectfully to recommend that
instead of taking the invoice of the article abroad as a means of deter-
mining its value here, the correctness of which invoice it is in many cases
impossible to verify, the law be so changed as to require a home valua-
tion or appraisal, to be regulated in such manner as to give, as far as
practicable, uniformity in the several ports.
There being no mint in California, I am informed that the laborers in
the mines are compelled to dispose of their gold dust at a large discount.
This appears to me to be a heavy and unjust tax upon the labor of those
employed in extracting this precious metal, and I doubt not you will be
disposed at the earliest period possible to relieve them from it by the
establishment of a mint. In the meantime, as an assayer's office is estab-
lished there, I would respectfully submit for your consideration the pro-
priety of authorizing gold bullion which has been assayed and stamped
to be received in payment of Government dues. I can not conceive that
the Treasury would suffer any loss by such a provision, which will at
once raise bullion to its par value, and thereby save (if I am rightly
informed) many millions of dollars to the laborers which are now paid in
brokerage to convert this precious metal into available funds. This dis-
count upon their hard earnings is a heavy tax, and every effort should be
made by the Government to relieve them from so great a burden.
More than three-fourths of our population are engaged in the cul-
tivation of the soil. The commercial, manufacturing, and navigating
2622
Messages and Papers of the Presidents
interests are all to a great extent dependent on the agricultural. It is
therefore the most important interest of the nation, and has a just claim
to the fostering care and protection of the Government so far as they
can be extended consistently with the provisions of the Constitution. As
this can not be done by the ordinary modes of legislation, I respectfully
recommend the establishment of an agricultural bureau, to be charged
with the duty of giving to this leading branch of American industry the
encouragement which it so well deserves. In view of the immense min-
eral resources of our country, provision should also be made for the
employment of a competent mineralogist and chemist, who should be
required, under the direction of the head of the bureau, to collect speci-
mens of the various minerals of our country and to ascertain by careful
analysis their respective elements and properties and their adaptation to
useful purposes. He should also be required to examine and report upon
the qualities of different soils and the manures best calculated to improve
their productiveness. By publishing the results of such experiments,
with suitable explanations, and by the collection and distribution of rare
seeds and plants, with instructions as to the best system of cultivation,
much may be done to promote this great national interest.
In compliance with the act of Congress passed on the 23d of May,
1850, providing, among other things, for taking the Seventh Census, a
superintendent was appointed and all other measures adopted which
were deemed necessary to insure the prompt and faithful performance
of that duty. The appropriation already made will, it is believed, be
sufficient to defray the whole expense of the work, but further legisla-
tion may be necessary in regard to the compensation of some of the
marshals of the Territories. It will also be proper to make provision by
law at an early day for the publication of such abstracts of the returns
as the public interests may require.
The unprecedented growth of our territories on the Pacific in wealth
and population and the consequent increase of their social and commer-
cial relations with the Atlantic States seem to render it the duty of the
Government to use all its constitutional power to improve the means of
intercourse with them. The importance of opening "a line of communi-
cation, the best and most expeditious of which the nature of the country
will admit," between the Valley of the Mississippi and the Pacific was
brought to your notice by my predecessor in his annual message; and as
the reasons which he presented in favor of the measure still exist in full
force, I beg leave to call your attention to them and to repeat the recom-
mendations then made by him.
The uncertainty which exists in regard to the validity of land titles in
California is a subject which demands your early consideration. Large
bodies of land in that State are claimed under grants said to have been
made by authority of the Spanish and Mexican Governments. Many of
these have not been perfected, others have been revoked, and some are
Millard Fillmore
2623
believed to be fraudulent. But until they shall have been judicially in-
vestigated they will continue to retard the settlement and improvement
of the country. I therefore respectfully recommend that provision be
made by law for the appointment of commissioners to examine all such
claims with a view to their final adjustment.
I also beg leave to call your attention to the propriety of extending at
an early day our system of land laws, with such modifications as may
be necessary, over the State of California and the Territories of Utah
and New Mexico. The mineral lands of California will, of course, form
an exception to any general system which may be adopted. Various
methods of disposing of them have been suggested. I was at first in-
clined to favor the system of leasing, as it seemed to promise the largest
revenue to the Government and to afford the best security against mo-
nopolies; but further reflection and our experience in leasing the lead
mines and selling lands upon credit have brought my mind to the con-
clusion that there would be great difficulty in collecting the rents, and
that the relation of debtor and creditor between the citizens and the
Government would be attended with many mischievous consequences.
I therefore recommend that instead of retaining the mineral lands under
the permanent control of the Government they be divided into small
parcels and sold, under such restrictions as to quantity and time as will
insure the best price and guard most effectually against combinations of
capitalists to obtain monopolies.
The annexation of Texas and the acquisition of California and New
Mexico have given increased importance to our Indian relations. The
various tribes brought under our jurisdiction by these enlargements of
our boundaries are estimated to embrace a population of 124,000.
Texas and New Mexico are surrounded by powerful tribes of Indians,
who are a source of constant terror and annoyance to the inhabitants.
Separating into small predatory bands, and always mounted, they over-
run the country, devastating farms, destroying crops, driving off whole
herds of cattle, and occasionally murdering the inhabitants or carrying
them into captivity. The great roads leading into the country are in-
fested with them, whereby traveling is rendered extremely dangerous
and immigration is almost entirely arrested. The Mexican frontier,
which by the eleventh article of the treaty of Guadalupe Hidalgo we
are bound to protect against the Indians within our border, is exposed to
these incursions equally with our own. The military force stationed in
that country, although forming a large proportion of the Army, is repre-
sented as entirely inadequate to our own protection and the fulfillment
of our treaty stipulations with Mexico. The principal deficiency is in
cavalry, and I recommend that Congress should, at as early a period as
practicable, provide for the raising of one or more regiments of mounted
men.
For further suggestions on this subject and others connected with our
2624
Messages and Papers of the Presidents
domestic interests and the defense of our frontier, I refer you to the
reports of the Secretary of the Interior and of the Secretary of War.
I commend also to your favorable consideration the suggestion con-
tained in the last-mentioned report and in the letter of the General in
Chief relative to the establishment of an asylum for the relief of dis-
abled and destitute soldiers. This subject appeals so strongly to your
sympathies that it would be superfluous in me to say anything more
than barely to express my cordial approbation of the proposed object.
The Navy continues to give protection to our commerce and other
national interests in the different quarters of the globe, and, with the
exception of a single steamer on the Northern lakes, the vessels in com、
mission are distributed in six different squadrons.
The report of the head of that Department will exhibit the services
of these squadrons and of the several vessels employed in each during
the past year. It is a source of gratification that, while they have been
constantly prepared for any hostile emergency, they have everywhere
met with the respect and courtesy due as well to the dignity as to the
peaceful dispositions and just purposes of the nation.
The two brigantines accepted by the Government from a generous
citizen of New York and placed under the command of an officer of the
Navy to proceed to the Arctic Seas in quest of the British commander
Sir John Franklin and his companions, in compliance with the act of
Congress approved in May last, had when last heard from penetrated
into a high northern latitude; but the success of this noble and humane
enterprise is yet uncertain.
I invite your attention to the view of our present naval establishment
and resources presented in the report of the Secretary of the Navy, and
the suggestions therein made for its improvement, together with the
naval policy recommended for the security of our Pacific Coast and the
protection and extension of our commerce with eastern Asia. Our
facilities for a larger participation in the trade of the East, by means of
our recent settlements on the shores of the Pacific, are too obvious to
be overlooked or disregarded.
The questions in relation to rank in the Army and Navy and relative
rank between officers of the two branches of the service, presented to the
Executive by certain resolutions of the House of Representatives at the
last session of Congress, have been submitted to a board of officers in each
branch of the service, and their report may be expected at an early day.
I also earnestly recommend the enactment of a law authorizing officers
of the Army and Navy to be retired from the service when incompetent
for its vigorous and active duties, taking care to make suitable provi-
sion for those who have faithfully served their country and awarding
distinctions by retaining in appropriate commands those who have been
particularly conspicuous for gallantry and good conduct. While the
obligation of the country to maintain and honor those who, to the exclu-
Millard Fillmore
2625
sion of other pursuits, have devoted themselves to its arduous service is
acknowledged, this obligation should not be permitted to interfere with
the efficiency of the service itself.
I am gratified in being able to state that the estimates of expenditure
for the Navy in the ensuing year are less by more than $1,000,000 than
those of the present, excepting the appropriation which may become nec-
essary for the construction of a dock on the coast of the Pacific, proposi-
tions for which are now being considered and on which a special report
may be expected early in your present session.
There is an evident justness in the suggestion of the same report that
appropriations for the naval service proper should be separated from
those for fixed and permanent objects, such as building docks and navy-
yards and the fixtures attached, and from the extraordinary objects
under the care of the Department which, however important, are not
essentially naval.
A revision of the code for the government of the Navy seems to require
the immediate consideration of Congress. Its system of crimes and pun-
ishments had undergone no change for half a century until the last ses-
sion, though its defects have been often and ably pointed out; and the
abolition of a particular species of corporal punishment, which then took
place, without providing any substitute, has left the service in a state of
defectiveness which calls for prompt correction. I therefore recommend
that the whole subject be revised without delay and such a system estab-
lished for the enforcement of discipline as shall be at once humane and
effectual.
The accompanying report of the Postmaster-General presents a satis-
factory view of the operations and condition of that Department.
At the close of the last fiscal year the length of the inland mail routes
in the United States (not embracing the service in Oregon and Califor-
nia) was 178,672 miles, the annual transportation thereon 46,541,423
miles, and the annual cost of such transportation $2,724,426.
The increase of the annual transportation over that of the preceding
year was 3,997,354 miles and the increase in cost was $342,440.
The number of post-offices in the United States on the 1st day of July
last was 18,417, being an increase of 1,670 during the preceding year.
The gross revenues of the Department for the fiscal year ending June
30, 1850, amounted to $5,552,971.48, including the annual appropriation
of $200,000 for the franked matter of the Departments and excluding
the foreign postages collected for and payable to the British Government.
The expenditures for the same period were $5,212,953.43, leaving a
balance of revenue over expenditures of $340,018.05.
I am happy to find that the fiscal condition of the Department is such
as to justify the Postmaster-General in recommending the reduction of
our inland letter postage to 3 cents the single letter when prepaid and 5
cents when not prepaid. He also recommends that the prepaid rate shall
2626
Messages and Papers of the Presidents
be reduced to 2 cents whenever the revenues of the Department, after the
reduction, shall exceed its expenditures by more than 5 per cent for two
consecutive years; that the postage upon California and other letters sent
by our ocean steamers shall be much reduced, and that the rates of post-
age on newspapers, pamphlets, periodicals, and other printed matter shall
be modified and some reduction thereon made.
It can not be doubted that the proposed reductions will for the pres-
ent diminish the revenues of the Department. It is believed that the
deficiency, after the surplus already accumulated shall be exhausted, may
be almost wholly met either by abolishing the existing privileges of send-
ing free matter through the mails or by paying out of the Treasury to
the Post-Office Department a sum equivalent to the postage of which it
is deprived by such privileges. The last is supposed to be the preferable
mode, and will, if not entirely, so nearly supply that deficiency as to make
any further appropriation that may be found necessary so inconsiderable
as to form no obstacle to the proposed reductions.
I entertain no doubt of the authority of Congress to make appropria-
tions for leading objects in that class of public works comprising what
are usually called works of internal improvement. This authority I sup-
pose to be derived chiefly from the power of regulating commerce with
foreign nations and among the States and the power of laying and col-
lecting imposts. Where commerce is to be carried on and imposts
collected there must be ports and harbors as well as wharves and cus-
tom-houses. If ships laden with valuable cargoes approach the shore
or sail along the coast, light-houses are necessary at suitable points for
the protection of life and property. Other facilities and securities for
commerce and navigation are hardly less important; and those clauses of
the Constitution, therefore, to which I have referred have received from
the origin of the Government a liberal and beneficial construction. Not
only have light-houses, buoys, and beacons been established and float-
ing lights maintained, but harbors have been cleared and improved, piers
constructed, and even breakwaters for the safety of shipping and sea
walls to protect harbors from being filled up and rendered useless by the
action of the ocean, have been erected at very great expense. And this
construction of the Constitution appears the more reasonable from the
consideration that if these works, of such evident importance and utility,
are not to be accomplished by Congress they can not be accomplished at
all. By the adoption of the Constitution the several States voluntarily
parted with the power of collecting duties of imposts in their own ports,
and it is not to be expected that they should raise money by internal
taxation, direct or indirect, for the benefit of that commerce the rev-
enues derived from which do not, either in whole or in part, go into their
own treasuries. Nor do I perceive any difference between the power of
Congress to make appropriations for objects of this kind on the ocean
and the power to make appropriations for similar objects on lakes and
Millard Fillmore
2627
rivers, wherever they are large enough to bear on their waters an exten-
sive traffic. The magnificent Mississippi and its tributaries and the vast
lakes of the North and Northwest appear to me to fall within the ex-
ercise of the power as justly and as clearly as the ocean and the Gulf
of Mexico. It is a mistake to regard expenditures judiciously made
for these objects as expenditures for local purposes. The position or
sight of the work is necessarily local, but its utility is general. A ship
canal around the Falls of St. Mary of less than a mile in length, though
local in its construction, would yet be national in its purpose and its
benefits, as it would remove the only obstruction to a navigation of more
than 1,000 miles, affecting several States, as well as our commercial rela-
tions with Canada. So, too, the breakwater at the mouth of the Dela-
ware is erected, not for the exclusive benefit of the States bordering on
the bay and river of that name, but for that of the whole coastwise navi-
gation of the United States and, to a considerable extent, also of foreign
commerce. If a ship be lost on the bar at the entrance of a Southern
port for want of sufficient depth of water, it is very likely to be a North-
ern ship; and if a steamboat be sunk in any part of the Mississippi on
account of its channel not having been properly cleared of obstructions,
it may be a boat belonging to either of eight or ten States. I may add,
as somewhat remarkable, that among all the thirty-one States there is
none that is not to a greater or less extent bounded on the ocean, or the
Gulf of Mexico, or one of the Great Lakes, or some navigable river.
In fulfilling our constitutional duties, fellow-citizens, on this subject,
as in carrying into effect all other powers conferred by the Constitution,
we should consider ourselves as deliberating and acting for one and the
same country, and bear constantly in mind that our regard and our duty
are due not to a particular part only, but to the whole.
I therefore recommend that appropriations be made for completing
such works as have been already begun and for commencing such others
as may seem to the wisdom of Congress to be of public and general im-
portance.
The difficulties and delays incident to the settlement of private claims
by Congress amount in many cases to a denial of justice. There is
reason to apprehend that many unfortunate creditors of the Government
have thereby been unavoidably ruined. Congress has so much business
of a public character that it is impossible it should give much attention
to mere private claims, and their accumulation is now so great that many
claimants must despair of ever being able to obtain a hearing. It may
well be doubted whether Congress, from the nature of its organization,
is properly constituted to decide upon such cases. It is impossible that
each member should examine the merits of every claim on which he is
compelled to vote, and it is preposterous to ask a judge to decide a case
which he has never heard. Such decisions may, and frequently must,
do injustice either to the claimant or the Government, and I perceive
2628
Messages and Papers of the Presidents
no better remedy for this growing evil than the establishment of some
tribunal to adjudicate upon such claims. I beg leave, therefore, most
respectfully to recommend that provision be made by law for the ap-
pointment of a commission to settle all private claims against the United
States; and as an ex parte hearing must in all contested cases be very
unsatisfactory, I also recommend the appointment of a solicitor, whose
duty it shall be to represent the Government before such commission
and protect it against all illegal, fraudulent, or unjust claims which may
be presented for their adjudication.
This District, which has neither voice nor vote in your deliberations,
looks to you for protection and aid, and I commend all its wants to your
favorable consideration, with a full confidence that you will meet them
not only with justice, but with liberality. It should be borne in mind.
that in this city, laid out by Washington and consecrated by his name, is
located the Capitol of our nation, the emblem of our Union and the
symbol of our greatness. Here also are situated all the public buildings
necessary for the use of the Government, and all these are exempt from
taxation. It should be the pride of Americans to render this place
attractive to the people of the whole Republic and convenient and safe
for the transaction of the public business and the preservation of the
public records. The Government should therefore bear a liberal pro-
portion of the burdens of all necessary and useful improvements. And
as nothing could contribute more to the health, comfort, and safety of
the city and the security of the public buildings and records than an
abundant supply of pure water, I respectfully recommend that you make
such provisions for obtaining the same as in your wisdom you may deem
proper.
The act, passed at your last session, making certain propositions to
Texas for settling the disputed boundary between that State and the Ter-
ritory of New Mexico was, immediately on its passage, transmitted by
express to the governor of Texas, to be laid by him before the general
assembly for its agreement thereto. Its receipt was duly acknowledged,
but no official information has yet been received of the action of the
general assembly thereon. It may, however, be very soon expected, as,
by the terms of the propositions submitted they were to have been acted
upon on or before the first day of the present month.
It was hardly to have been expected that the series of measures passed
at your last session with the view of healing the sectional differences
which had sprung from the slavery and territorial questions should at
once have realized their beneficent purpose. All mutual concession in
the nature of a compromise must necessarily be unwelcome to men of
extreme opinions. And though without such concessions our Constitu-
tion could not have been formed, and can not be permanently sustained,
yet we have seen them made the subject of bitter controversy in both
sections of the Republic. It required many months of discussion and
Millard Fillmore
2629
deliberation to secure the concurrence of a majority of Congress in their
favor. It would be strange if they had been received with immediate
approbation by people and States prejudiced and heated by the exciting
controversies of their representatives. I believe those measures to have
been required by the circumstances and condition of the country. I be-
lieve they were necessary to allay asperities and animosities that were
rapidly alienating one section of the country from another and destroy-
ing those fraternal sentiments which are the strongest supports of the
Constitution. They were adopted in the spirit of conciliation and for
the purpose of conciliation. I believe that a great majority of our fellow-
citizens sympathize in that spirit and that purpose, and in the main ap-
prove and are prepared in all respects to sustain these enactments. I
can not doubt that the American people, bound together by kindred blood
and common traditions, still cherish a paramount regard for the Union of
their fathers, and that they are ready to rebuke any attempt to violate
its integrity, to disturb the compromises on which it is based, or to resist
the laws which have been enacted under its authority.
The series of measures to which I have alluded are regarded by me as
a settlement in principle and substance-a final settlement of the danger-
ous and exciting subjects which they embraced. Most of these subjects,
indeed, are beyond your reach, as the legislation which disposed of them
was in its character final and irrevocable. It may be presumed from the
opposition which they all encountered that none of those measures was
free from imperfections, but in their mutual dependence and connection
they formed a system of compromise the most conciliatory and best for
the entire country that could be obtained from conflicting sectional inter-
ests and opinions.
For this reason I recommend your adherence to the adjustment estab-
lished by those measures until time and experience shall demonstrate
the necessity of further legislation to guard against evasion or abuse.
By that adjustment we have been rescued from the wide and bound-
less agitation that surrounded us, and have a firm, distinct, and legal
ground to rest upon. And the occasion, I trust, will justify me in ex-
horting my countrymen to rally upon and maintain that ground as the
best, if not the only, means of restoring peace and quiet to the country
and maintaining inviolate the integrity of the Union.
And now, fellow-citizens, I can not bring this communication to a close
without invoking you to join me in humble and devout thanks to the
Great Ruler of Nations for the multiplied blessings which He has gra-
ciously bestowed upon us. His hand, so often visible in our preserva-
tion, has stayed the pestilence, saved us from foreign wars and domestic
disturbances, and scattered plenty throughout the land.
Our liberties, religious and civil, have been maintained, the fountains
of knowledge have all been kept open, and means of happiness widely
spread and generally enjoyed greater than have fallen to the lot of any
85
2630
Messages and Papers of the Presidents
other nation. And while deeply penetrated with gratitude for the past,
let us hope that His all-wise providence will so guide our counsels as that
they shall result in giving satisfaction to our constituents, securing the
peace of the country, and adding new strength to the united Government
under which we live.
MILLARD FILLMORE.
SPECIAL MESSAGES.
To the House of Representatives:
WASHINGTON, December 9, 1850.
I communicate to the House of Representatives a translation of a note
of the 5th instant addressed to the Secretary of State by the minister of
the Mexican Republic accredited to this Government, relative to a sub-
ject to which the attention of Congress was invited in my message at
the opening of the present session.
*
MILLARD FILLMORE.
[The same message was sent to the Senate.]
WASHINGTON, December 12, 1850.
To the Senate of the United States:
I herewith transmit a report of the Secretary of State, with accom-
panying documents, relating to the African slave trade, in answer to the
resolution of the Senate of the 28th of August last.
MILLARD FILLMORE.
WASHINGTON, December 13, 1850.
To the Senate and House of Representatives:
I have the pleasure of announcing to Congress the agreement on the
part of Texas to the propositions offered to that State by the act of
Congress approved on the 9th day of September last, entitled "An act
proposing to the State of Texas the establishment of her northern and
western boundaries, the relinquishment by the said State of all territory
claimed by her exterior to said boundaries and of all her claims upon
the United States, and to establish a .Territorial government for New
Mexico."
By the terms of that act it was required that the agreement of Texas
to the propositions contained in it should be given on or before the 1st
day of December, 1850. An authenticated transcript of a law passed
*Incursions of Indians of the United States upon the population of the Mexican frontier.
Millard Fillmore
2631
by the legislature of Texas on the 25th day of November, agreeing to
and accepting the propositions contained in the act of Congress, has been
received. This law, after reciting the provisions of the act of Congress,
proceeds to enact and declare as follows, viz:
Therefore, first. Be it enacted by the legislature of the State of Texas, That the
State of Texas hereby agrees to and accepts said propositions; and it is hereby
declared that the said State shall be bound by the terms thereof according to their
true import and meaning.
Second. That the governor of this State be, and is hereby, requested to cause a
copy of this act, authenticated under the seal of the State, to be furnished to the
President of the United States by mail as early as practicable, and also a copy
thereof, certified in like manner, to be transmitted to each of the Senators and Rep-
resentatives of Texas in Congress. And that this act take effect from and after its
passage.
Approved, November 25, 1850.
C. G. KEENAN,
Speaker of the House of Representatives.
JOHN A. GREER,
President of the Senate.
P. H. BELL.
From the common sources of public information it would appear that
a very remarkable degree of unanimity prevailed, not only in the legisla-
ture, but among the people of Texas, in respect to the agreement of the
State to that which had been proposed by Congress.
I can not refrain from congratulating Congress and the country on the
success of this great and leading measure of conciliation and peace. The
difficulties felt and the dangers apprehended from the vast acquisitions.
of territory under the late treaty with Mexico seem now happily over-
come by the wisdom of Congress. Within that territory there already
exists one State, respectable for the amount of her population, distin-
guished for singular activity and enterprise, and remarkable in many
respects from her condition and history. This new State has come into
the Union with manifestations not to be mistaken of her attachment to
that Constitution and that Government which now embrace her and her
interests within their protecting and beneficent control.
Over the residue of the acquired territories regular Territorial govern-
ments are now established in the manner which has been most usual in
the history of this Government. Various other acts of Congress may
undoubtedly be requisite for the benefit as well as for the proper govern-
ment of these so distant parts of the country. But the same legislative
wisdom which has triumphed over the principal difficulties and accom-
plished the main end may safely be relied on for whatever measures may
yet be found necessary to perfect its work, so that the acquisition of these
vast regions to the United States may rather strengthen than weaken
the Constitution, which is over us all, and the Union, which affords such
ample daily proofs of its inestimable value.
MILLARD FILLMORE.
2632
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, December 17, 1850.
I herewith transmit a letter from the Secretary of War, communicat-
ing a report of a board of officers to which, in pursuance of a resolution
of the Senate passed on the 30th of September last, were submitted the
questions proposed therein, relative to the expediency and necessity of
creating additional grades of commissioned officers in the Army and
of enacting provisions authorizing officers of the Army to exercise civil
functions in emergencies to be enumerated and restraining them from
usurping the powers of civil functionaries.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, December 30, 1850.
I herewith transmit to the Senate, in reply to their resolution of the
26th instant, a report from the Secretary of State, with accompanying
papers.*
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, January 3, 1851.
By a resolution passed by the House of Representatives on the 24th
day of July, 1850, the President was requested to cause to be prepared
and communicated to the House certain opinions of the Attorneys-Gen-
eral therein specified. On inquiry I learned that the force employed in
the Attorney-General's Office was not sufficient to perform this work;
consequently, I employed Benjamin F. Hall, esq., a counselor at law, on
the 9th day of September last, to execute it, and requested him to com-
mence it immediately. I informed him that I was not authorized to give
any other assurances as to compensation than that it rested with Con-
gress to provide and fix it. I believe Mr. Hall to be in all respects com-
petent and well fitted for the task which he has undertaken, and diligent
in the performance of it; and it appears to me that the most just mode
of compensation will be to make a per diem allowance of $8 per day for
the time actually employed, to be paid on the certificate of the Attorney-
General.
I also transmit herewith a portion of the manuscript prepared in pur-
suance of said resolution, with a letter from Mr. Hall to me indicating
the mode in which he thinks the work should be prepared and printed,
which appears to me worthy of consideration and adoption by the House.
MILLARD FILLMORE.
*Correspondence with the Austrian chargé d'affaires respecting the appointment or proceed-
ings of the agent sent to examine and report upon the condition and prospects of the Hungarian
people during their struggle for ndependence.
Millard Fillmore
2633
To the Senate of the United States:
WASHINGTON, January 10, 1851.
I have the honor herewith to transmit to the Senate a communication
from the Secretary of the Navy on the subject of the discipline of the
Navy, suggesting such amendments of the law as may be necessary in
consequence of the recent act abolishing flogging; to which I respectfully
invite the immediate attention of Congress.
MILLARD FILLMORE.
WASHINGTON, January 14, 1851.
To the House of Representatives of the United States:
In compliance with the resolution of the House of Representatives
adopted July 18, 1850, requesting the President to communicate his views
on sundry questions of rank, precedence, and command among officers of
the Army and officers of the Navy, respectively, and of relative rank
between officers of the Army and Navy when brought into cooperation,
I caused to be convened a board of intelligent and experienced officers in
each branch of the service to consider the matters involved in said reso-
lutions and to report their opinion for my advice and information.
Their reports have been made, and I have the honor herewith to sub-
mit copies of them, together with bills drafted substantially in accord-
ance therewith, on the subject of rank in each branch of the service.
The subject is one of great interest, and it is highly important that it
should be settled by legislative authority and with as little delay as pos-
sible consistently with its proper examination.
The points on which it will be perceived that the two boards disagree
in regard to relative rank between officers of the Army and Navy are
not esteemed of very great practical importance, and the adoption of the
rule proposed by either would be acceptable to the Executive.
But even if a decision on these shall be suspended, it is hoped that the
bills which are designed to regulate rank, precedence, and command in
the Army and Navy as separate branches of service may receive the sanc-
tion of Congress, with such amendments as may be deemed appropriate,
in the course of the present session.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 3, 1851.
I transmit to the Senate a report from the Secretary of State, with
accompanying papers,* in answer to their resolution of the 30th ultimo.
MILLARD FILLMORE.
*Correspondence relative to the possessory rights of the British Hudsons Bay Company in Oregon.
2634
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, February 12, 1851.
I transmit herewith a report from the Secretary of State, with accom-
panying documents,* in answer to the Senate's resolution of the 1st
instant.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 13, 1851.
I herewith communicate to the Senate, for its consideration, a general
convention between the United States and the Swiss Confederation, con-
cluded and signed at Berne on the 25th day of November last by Mr. A.
Dudley Mann on the part of the United States and by Messrs. Druey
and Frey-Hérosée on the part of the Swiss Confederation. I communi-
cate at the same time a copy of the instructions under which Mr. Mann
acted and his dispatch of the 30th November last, explanatory of the arti-
cles of the convention.
In submitting this convention to the consideration of the Senate I feel
it my duty to invite its special attention to the first and fifth articles.
These articles appear to contain provisions quite objectionable, if, indeed,
they can be considered as properly embraced in the treaty-making power.
The second clause of the first article is in these words:
In the United States of America citizens of Switzerland shall be received and treated
in each State upon the same footing and upon the same conditions as citizens of the
United States born in or belonging to other States of the Union.
It is well known that according to the Constitution of the United States
a citizen of one State may hold lands in any other State; and States have,
sometimes by general, sometimes by special, laws, removed the disabilities
attaching to foreigners not naturalized in regard to the holding of land.
But this is not supposed to be a power properly to be exercised by the
President and Senate in concluding and ratifying a treaty with a foreign.
state. The authority naturally belongs to the State within whose limits
the land may lie. The naturalization of foreigners is provided for by the
laws of the United States, in pursuance of the provision of the Constitu-
tion; but when, under the operation of these laws, foreigners become cit-
izens of the United States, all would seem to be done which it is in the
power of this Government to do to enable foreigners to hold land. The
clause referred to, therefore, appears to me inadmissible.
The fourth clause of the same article provides, among other things,
that citizens of Switzerland may, within the United States, acquire, pos-
sess, and alienate personal and real estate, and the fifth article grants
them the power of disposing of their real estate, which, perhaps, would
* Correspondence with Spain relative to the claim of the owners of the schooner Amistad for
compensation on account of the liberation of negroes on board said vessel.
ABOLITIONISTS AND SLAVE SELLING
The cartoon reproduced in the upper panel aptly caricatures the indi-
viduals associated in the abolition movement; women, aflame with Christian
indignation and pity for their black sisters in degradation; ex-slaves, eager
to procure the boon of freedom for their less fortunate fellows; and philan-
thropists who were willing to give their fortunes if the blot on the American
escutcheon might be removed. Enduring the jibes of the frivolous, the
violence of the mob and the opposition of those whose incomes were affected
by agitation, these people persisted until slavery was dead.
They appealed to northern sympathies by portraying the negro father,
mother and children sold away from each other for all time on the auction-
block. They invested the black parents and children with the tender sus-
ceptibilities of white people. This was not generally the case. The slaves
in the breeding States of Maryland, Kentucky and Virginia were permitted,
even encouraged, to intermingle indiscriminately; the family relation cannot
be said to have existed; and they felt no more responsibility for their young
than cattle, as the master, to whom each child when it drew breath was worth
$100, took charge of its rearing as he would of the rearing of a calf or foal.
Kentucky, Virginia and Maryland annually exported more than 25,000 slaves.
The Encyclopedic Index articles, entitled "African Slave Trade,”
"Abolitionists" and "Slavery," summarize those subjects and then direct
the reader to places where the Presidents have discussed the question
which dominated all others from 1789 to 1861.
Millard Fillmore
2635
be no otherwise objectionable, if it stood by itself, than as it would seem
to imply a power to hold that of which they are permitted to dispose.
These objections, perhaps, may be removed by striking out the second
clause of the first article and the words "and real" in the fourth clause.
An amendment similar to the last here suggested was made by the Sen-
ate in the convention between the United States and the King of Bavaria,
the ratification of which, as amended, the Senate advised and consented
to on the 15th day of March, 1845.
But there is another and a decisive objection, arising from the last
clause in the first article. That clause is in these words:
On account of the tenor of the federal constitution of Switzerland, Christians alone
are entitled to the enjoyment of the privileges guaranteed by the present article in
the Swiss Cantons. But said Cantons are not prohibited from extending the same
privileges to citizens of the United States of other religious persuasions.
It appears from this that Christians alone are, in some of the Swiss
Cantons, entitled to the enjoyment of privileges guaranteed by the first
article, although the Cantons themselves are not prohibited from extend-
ing the same privileges to citizens of the United States of other religious
persuasions.
It is quite certain that neither by law, nor by treaty, nor by any other
official proceeding is it competent for the Government of the United
States to establish any distinction between its citizens founded on differ-
ences in religious beliefs. Any benefit or privilege conferred by law or
treaty on one must be common to all, and we are not at liberty, on a
question of such vital interest and plain constitutional duty, to consider
whether the particular case is one in which substantial inconvenience
or injustice might ensue. It is enough that an inequality would be
sanctioned hostile to the institutions of the United States and incon-
sistent with the Constitution and the laws.
Nor can the Government of the United States rely on the individual
Cantons of Switzerland for extending the same privileges to other citi-
zens of the United States as this article extends to Christians. It is in-
dispensable not only that every privilege granted to any of the citizens of
the United States should be granted to all, but also that the grant of such
privilege should stand upon the same stipulation and assurance by the
whole Swiss Confederation as those of other articles of the convention.
There have been instances, especially some of recent occurrence, in
which the Executive has transmitted treaties to the Senate with sug-
gestions of amendment, and I have therefore thought it not improper
to send the present convention to the Senate, inviting its attention to
such amendments as appeared to me to be important, although I have
entertained considerable doubt whether it would not be better to send
back the convention for correction in the objectionable particulars before.
laying it before the Senate for ratification.
MILLARD FILLMORE.
2636
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, February 13, 1851.
In answer to the resolution of the Senate of the 10th instant, calling
for information relative to a contract alleged to have been made by Mr.
I. D. Marks with the Mexican Government, I transmit a report from the
Secretary of State and the documents* which accompanied it.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 13, 1851.
In compliance with the resolution of the Senate of the 28th of January,
1851, I have the honor to transmit herewith reports from the Secretary
of State and Secretary of the Treasury, giving the required correspond-
ence in the case of the British ship Albion, seized in Oregon for an alleged
violation of the revenue laws.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 15, 1851.
In addition to the information heretofore communicated, I now trans-
mit to the Senate a report from the Secretary of State, with accompany-
ing papers,† in answer to their resolution of the 28th ultimo.
MILLARD FILLMORE.
WASHINGTON, February 15, 1851.
To the Senate of the United States:
I herewith transmit to the Senate a report from the Secretary of
State, in answer to their resolution of the 10th instant.
MILLARD FILLMORE.
The PRESIDENT OF THE SENATE:
WASHINGTON, February 18, 1851.
In addition to the papers already transmitted to the Senate in com-
pliance with its resolution of the 28th ultimo, I have the honor herewith
to transmit an additional report § from the Secretary of the Treasury.
MILLARD FILLMORE.
* Relating to drafts upon the Treasury of the United States by Mexico on account of indemnity
due that Government in pursuance of the treaty of Guadalupe Hidalgo.
† Additional correspondence relative to the seizure of the British ship Albion.
Relating to taxation by New Granada on United States citizens when in transitu across the
Isthmus of Panama, and to the United States mail service at said Isthmus.
§ Relating to the seizure of the British ship Albion.
Millard Fillmore
2637
EXECUTIVE DEPARTMENT, February 19, 1851.
To the Senate of the United States:
I have received the resolution of the Senate of the 18th instant, request-
ing me to lay before that body, if not incompatible with the public inter-
est, any information I may possess in regard to an alleged recent case of
a forcible resistance to the execution of the laws of the United States in
the city of Boston, and to communicate to the Senate, under the above
conditions, what means I have adopted to meet the occurrence, and
whether in my opinion any additional legislation is necessary to meet
the exigency of the case and to more vigorously execute existing laws.
The public newspapers contain an affidavit of Patrick Riley, a deputy
marshal for the district of Massachusetts, setting forth the circumstances
of the case, a copy of which affidavit is herewith communicated. Private
and unofficial communications concur in establishing the main facts of
this account, but no satisfactory official information has as yet been re-
ceived; and in some important respects the accuracy of the account has
been denied by persons whom it implicates. Nothing could be more
unexpected than that such a gross violation of law, such a high-handed
contempt of the authority of the United States, should be perpetrated by
a band of lawless confederates at noonday in the city of Boston, and in
the very temple of justice. I regard this flagitious proceeding as being
a surprise not unattended by some degree of negligence; nor do I doubt
that if any such act of violence had been apprehended thousands of the
good citizens of Boston would have presented themselves voluntarily and
promptly to prevent it. But the danger does not seem to have been
timely made known or duly appreciated by those who were concerned in
the execution of the process. In a community distinguished for its love
of order and respect for the laws, among a people whose sentiment is
liberty and law, and not liberty without law nor above the law, such an
outrage could only be the result of sudden violence, unhappily too much
unprepared for to be successfully resisted. It would be melancholy in-
deed if we were obliged to regard this outbreak against the constitutional
and legal authority of the Government as proceeding from the general
feeling of the people in a spot which is proverbially called "the Cradle of
American Liberty." Such, undoubtedly, is not the fact. It violates
without question the general sentiment of the people of Boston and of a
vast majority of the whole people of Massachusetts, as much as it vio-
lates the law, defies the authority of the Government, and disgraces those
concerned in it, their aiders and abettors.
It is, nevertheless, my duty to lay before the Senate, in answer to its
resolution, some important facts and considerations connected with the
subject.
A resolution of Congress of September 23, 1789, declared:
That it be recommended to the legislatures of the several States to pass laws mak-
ing it expressly the duty of the keepers of their jails to receive and safe keep therein
2638
Messages and Papers of the Presidents
all prisoners committed under the authority of the United States until they shall be
discharged by the course of the laws thereof, under the like penalties as in the case
of prisoners committed under the authority of such States respectively; the United
States to pay for the use and keeping of such jails at the rate of 50 cents per month
for each prisoner that shall, under their authority, be committed thereto during the
time such prisoner shall be therein confined, and also to support such of said prison-
ers as shall be committed for offenses.
A further resolution of Congress, of the 3d of March, 1791, provides
that-
Whereas Congress did, by a resolution of the 23d day of September, 1789, recom-
mend to the several States to pass laws making it expressly the duty of the keepers
of their jails to receive and safe keep therein all prisoners committed under the
authority of the United States: In order, therefore, to insure the administration of
justice-
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That in case any State shall not have complied
with the said recommendation the marshal in such State, under the direction of the
judge of the district, be authorized to hire a convenient place to serve as a temporary
jail, and to make the necessary provision for the safe-keeping of prisoners com-
mitted under the authority of the United States until permanent provision shall be
made by law for that purpose; and the said marshal shall be allowed his reasonabie
expenses incurred for the above purposes, to be paid out of the Treasury of the United
States.
And a resolution of Congress of March 3, 1821, provides that-
Where any State or States, having complied with the recommendation of Congress
in the resolution of the 23d day of September, 1789, shall have withdrawn, or shall
hereafter withdraw, either in whole or in part, the use of their jails for prisoners
committed under the authority of the United States, the marshal in such State or
States, under the direction of the judge of the district, shall be, and hereby is, author-
ized and required to hire a convenient place to serve as a temporary jail, and to make
the necessary provision for the safe-keeping of prisoners committed under the author-
ity of the United States until permanent provision shall be made by law for that pur-
pose; and the said marshal shall be allowed his reasonable expenses incurred for the
above purposes, to be paid out of the Treasury of the United States.
These various provisions of the law remain unrepealed.
By the law of Massachusetts, as that law stood before the act of the
legislature of that State of the 24th of March, 1843, the common jails in
the respective counties were to be used for the detention of any persons
detained or committed by the authority of the courts of the United States,
as well as by the courts and magistrates of the State. But these provi-
sions were abrogated and repealed by the act of the legislature of Massa-
chusetts of the 24th of March, 1843.
That act declares that-
No judge of any court of record of this Commonwealth and no justice of the peace
shall hereafter take cognizance or grant a certificate in cases that may arise under the
third section of an act of Congress passed February 12, 1793, and entitled "“An act
respecting fugitives from justice and persons escaping from the service of their mas-
ters, to any person who claims any other person as a fugitive slave within the juris-
diction of the Commonwealth.
Millard Fillmore
2639
And it further declares that-
No sheriff, deputy sheriff, coroner, constable, jailer, or other officer of this Com-
monwealth shall hereafter arrest or detain, or aid in the arrest or detention or im-
prisonment, in any jail or other building belonging to this Commonwealth, or to any
county, city, or town thereof, of any person for the reason that he is claimed as a
fugitive slave.
And it further declares that—
Any justice of the peace, sheriff, deputy sheriff, coroner, constable, or jailer who
shall offend against the provisions of this law by in any way acting, directly or indi-
rectly, under the power conferred by the third section of the act of Congress afore-
mentioned shall forfeit a sum not exceeding $1,000 for every such offense to the
use of the county where said offense is committed, or shall be subject to imprison-
ment not exceeding one year in the county jail.
This law, it is obvious, had two objects. The first was to make it a
penal offense in all officers and magistrates of the Commonwealth to
exercise the powers conferred on them by the act of Congress of the 12th
of February, 1793, entitled "An act respecting fugitives from justice and
persons escaping from the service of their masters," and which powers
they were fully competent to perform up to the time of this inhibition
and penal enactment; second, to refuse the use of the jails of the State
for the detention of any person claimed as a fugitive slave.
It is deeply to be lamented that the purpose of these enactments is
quite apparent. It was to prevent, as far as the legislature of the State
could prevent, the laws of Congress passed for the purpose of carrying
into effect that article of the Constitution of the United States which
declares that " no person held to service or labor in one State, under the
laws thereof, escaping into another, shall in consequence of any law or
regulation therein be discharged from such service or labor, but shall be
delivered up on claim of the party to whom such service or labor may be
due" from being carried into effect. But these acts of State legislation,
although they may cause embarrassment and create expense, can not dero-
gate either from the duty or the authority of Congress to carry out fully
and fairly the plain and imperative constitutional provision for the deliv-
ery of persons bound to labor in one State and escaping into another to
the party to whom such labor may be due. It is quite clear that by the
resolution of Congress of March 3, 1821, the marshal of the United States
in any State in which the use of the jails of the State has been with-
drawn, in whole or in part, from the purpose of the detention of per-
sons committed under the authority of the United States is not only
empowered, but expressly required, under the direction of the judge of
the district, to hire a convenient place for the safe-keeping of prisoners.
committed under authority of the United States. It will be seen from
papers accompanying this communication that the attention of the mar-
shal of Massachusetts was distinctly called to this provision of the law by
a letter from the Secretary of the Navy of the date of October 28 last.
2640
Messages and Papers of the Presidents
There is no official information that the marshal has provided any such
place for the confinement of his prisoners. If he has not, it is to be re-
gretted that this power was not exercised by the marshal under the direc-
tion of the district judge immediately on the passage of the act of the
legislature of Massachusetts of the 24th of March, 1843, and especially
that it was not exercised on the passage of the fugitive-slave law of the
last session, or when the attention of the marshal was afterwards particu-
larly drawn to it.
It is true that the escape from the deputy marshals in this case was
not owing to the want of a prison or place of confinement, but still it is
not easy to see how the prisoner could have been safely and conveniently
detained during an adjournment of the hearing for some days without
such place of confinement. If it shall appear that no such place has been
obtained, directions to the marshal will be given to lose no time in the
discharge of this duty.
I transmit to the Senate the copy of a proclamation issued by me on the
• 18th instant in relation to these unexpected and deplorable occurrences
in Boston, together with copies of instructions from the Departments of
War and Navy relative to the general subject. And I communicate
also copies of telegraphic dispatches transmitted from the Department of
State to the district attorney and marshal of the United States for the
district of Massachusetts and their answers thereto.
In regard to the last branch of the inquiry made by the resolution of
the Senate, I have to observe that the Constitution declares that the
President shall take care that the laws be faithfully executed,” and that
"he shall be Commander in Chief of the Army and Navy of the United
States, and of the militia of the several States when called into the ac-
tual service of the United States," and that "Congress shall have power
to provide for calling forth the militia to execute the laws of the Union,
suppress insurrections, and repel invasions." From which it appears
that the Army and Navy are by the Constitution placed under the con-
trol of the Executive; and probably no legislation of Congress could add
to or diminish the power thus given but by increasing or diminishing or
abolishing altogether the Army and Navy. But not so with the militia.
The President can not call the militia into service, even to execute the
laws or repel invasions, but by the authority of acts of Congress passed
for that purpose. But when the militia are called into service in the
manner prescribed by law, then the Constitution itself gives the com-
mand to the President. Acting on this principle, Congress, by the act of
February 28, 1795, authorized the President to call forth the militia to
repel invasion and "suppress insurrections against a State government,
and to suppress combinations against the laws of the United States, and
cause the laws to be faithfully executed." But the act proceeds to de-
clare that whenever it may be necessary, in the judgment of the Presi-
dent, to use the military force thereby directed to be called forth, the
Millard Fillmore
2641
President shall forthwith, by proclamation, command such insurgents to
disperse and retire peaceably to their respective abodes within a limited
time. These words are broad enough to require a proclamation in all
cases where militia are called out under that act, whether to repel inva-
sion or suppress an insurrection or to aid in executing the laws. This
section has consequently created some doubt whether the militia could
be called forth to aid in executing the laws without a previous procla-
mation. But yet the proclamation seems to be in words directed only
against insurgents, and to require them to disperse, thereby implying
not only an insurrection, but an organized, or at least an embodied, force.
Such a proclamation in aid of the civil authority would often defeat the
whole object by giving such notice to persons intended to be arrested
that they would be enabled to fly or secrete themselves. The force may
be wanted sometimes to make the arrest, and also sometimes to protect
the officer after it is made, and to prevent a rescue. I would therefore
suggest that this section be modified by declaring that nothing therein.
contained shall be construed to require any previous proclamation when
the militia are called forth, either to repel invasion, to execute the laws,
or suppress combinations against them, and that the President may make
such call and place such militia under the control of any civil officer of
the United States to aid him in executing the laws or suppressing such
combinations; and while so employed they shall be paid by and subsisted
at the expense of the United States.
Congress, not probably adverting to the difference between the militia
and the Regular Army, by the act of March 3, 1807, authorized the Pres-
ident to use the land and naval forces of the United States for the same
purposes for which he might call forth the militia, and subject to the
same proclamation. But the power of the President under the Constitu-
tion, as Commander of the Army and Navy, is general, and his duty to see
the laws faithfully executed is general and positive; and the act of 180
ought not to be construed as evincing any disposition in Congress to limit
or restrain this constitutional authority. For greater certainty, however,
it may be well that Congress should modify or explain this act in regard
to its provisions for the employment of the Army and Navy of the United
States, as well as that in regard to calling forth the militia.
It is sup-
posed not to be doubtful that all citizens, whether enrolled in the militia
or not, may be summoned as members of the posse comitatus, either by
the marshal or a commissioner according to law, and that it is their duty
to obey such summons. But perhaps it may be doubted whether the
marshal or a commissioner can summon as the posse comitatus an organ-
ized militia force, acting under its own appropriate officers, without the
consent of such officers. This point may deserve the consideration of
Congress.
I use this occasion to repeat the assurance that so far as depends on me
the laws shall be faithfully executed and all forcible opposition to them
2642
Messages and Papers of the Presidents
suppressed; and to this end I am prepared to exercise, whenever it may
become necessary, the power constitutionally vested in me to the fullest.
extent. I am fully persuaded that the great majority of the people of this
country are warmly and strongly attached to the Constitution, the pres
ervation of the Union, the just support of the Government, and the main-
tenance of the authority of law. I am persuaded that their earnest wishes
and the line of my constitutional duty entirely concur, and I doubt not
firmness, moderation, and prudence, strengthened and animated by the
general opinion of the people, will prevent the repetition of occurrences
disturbing the public peace and reprobated by all good men.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 25, 1851.
I transmit to the Senate, for its consideration with a view to ratification,
a convention between the United States and the Mexican Republic for
the protection of a transit way across the Isthmus of Tehuantepec, signed
in the City of Mexico on the 25th ultimo.
Accompanying the treaty is a letter from Mr. P. A. Hargous, the pres-
ent proprietor and holder of the privileges granted by Mexico, signify-
ing his assent to and acceptance of the terms of its provisions. There
is also an abstract of title to him from the original grantee and copies
of the several powers and conveyances by which that title is derived to
him. It may be well that these papers should be returned to be depos-
ited among the archives of the Department of State.
The additional article of the treaty makes an unnecessary reference
to the eleventh, twelfth, and thirteenth articles of the treaty of the 220
of June last, because the eleventh, twelfth, and thirteenth articles of
the present treaty contain exactly the same provisions as those contained
in the same articles of that treaty, as will appear from the copy of the
treaty of the 22d of June last, herewith communicated.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 26, 1851.
I herewith communicate to the Senate, for its consideration, a conven-
tion for the adjustment of certain claims of citizens of the United States
against Her Most Faithful Majesty's Government,* concluded and signed
this day in the city of Washington by the respective plenipotentiaries.
MILLARD FILLMORE.
Portugal.
Millard Fillmore
2643
To the Senate of the United States:
WASHINGTON, February 27, 1851.
I transmit herewith a report of the Secretary of State, with accom-
panying documents,* in compliance with the resolution of the Senate of
the 17th ultimo.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, February 28, 1851.
In answer to the resolution of the Senate of the 16th ultimo, request-
ing information touching the difficulties between the British authorities
and San Salvador, I transmit a report from the Secretary of State and
the documents which accompanied it.
Hon. HOWELL COBB,
MILLARD FILLMORE.
WASHINGTON, March 1, 1851.
Speaker of the House of Representatives:
I have the honor herewith to transmit to the House of Representatives
manuscript No. 2 of the opinions of the Attorneys-General, prepared in
pursuance of its resolution.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, March 3, 1851.
In answer to the resolution of the Senate of the 26th ultimo, calling for
information respecting a forcible abduction of any citizen of the United
States from the Territory of New Mexico and his conveyance within the
limits of the Mexican Republic, I transmit a report from the Secretary of
State and the documents which accompanied it.
MILLARD FILLMORE.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 9th of
September, 1850, entitled "An act proposing to the State of Texas the
establishment of her northern and western boundaries, the relinquish-
ment by the said State of all territory claimed by her exterior to said
boundaries and of all her claims upon the United States, and to estab-
lish a Territorial government for New Mexico," it was provided that the
*Correspondence relative to prisoners captured by Spanish authorities at or near the island of
Contoy, and to projected expeditions to Cuba.
2644
Messages and Papers of the Presidents
following propositions should be, and the same were thereby, offered to
the State of Texas, which, when agreed to by the said State in an act
passed by the general assembly, should be binding and obligatory upon
the United States and upon the said State of Texas, provided the said
agreement by the said general assembly should be given on or before the
1st day of December, 1850, namely:
"First. The State of Texas will agree that her boundary on the north
shall commence at the point at which the meridian of 100° west from
Greenwich is intersected by the parallel of 36° 30′ north latitude, and
shall run from said point due west to the meridian of 103° west from
Greenwich; thence her boundary shall run due south to the thirty-second
degree of north latitude; thence on the said parallel of 32° of north lati-
tude to the Rio Bravo del Norte, and thence with the channel of said
river to the Gulf of Mexico.
"Second. The State of Texas cedes to the United States all her claim
to territory exterior to the limits and boundaries which she agrees to
establish by the first article of this agreement.
"Third. The State of Texas relinquishes all claim upon the United
States for liability of the debts of Texas and for compensation or indem-
nity for the surrender to the United States of her ships, forts, arsenals,
custom-houses, custom-house revenue, arms and munitions of war, and
public buildings with their sites, which became the property of the United
States at the time of the annexation.
Fourth. The United States, in consideration of said establishment of
boundaries, cession of claim to territory, and relinquishment of claims,
will pay to the State of Texas the sum of $10,000,000 in a stock bear-
ing 5 per cent interest, and redeemable at the end of fourteen years, the
interest payable half-yearly at the Treasury of the United States.
"Fifth. Immediately after the President of the United States shall
have been furnished with an authentic copy of the act of the general
assembly of Texas accepting these propositions, he shall cause the stock
to be issued in favor of the State of Texas, as provided for in the fourth
article of this agreement: Provided also, That no more than $5,000,000 of
said stock shall be issued until the creditors of the State holding bonds
and other certificates of stock of Texas for which duties on imports were
specially pledged shall first file at the Treasury of the United States
releases of all claim against the United States for or on account of said
bonds or certificates in such form as shall be prescribed by the Secretary
of the Treasury and approved by the President of the United States:
Provided, That nothing herein contained shall be construed to impair or
qualify anything contained in the third article of the second section of
the 'Joint resolution for annexing Texas to the United States,' approved
March 1, 1845, either as regards the number of States that may hereafter
be formed out of the State of Texas or otherwise;" and
Whereas it was further provided by the eighteenth section of the same
Millard Fillmore
2645
act of Congress "that the provisions of this act be, and they are hereby,
suspended until the boundary between the United States and the State
of Texas shall be adjusted, and when such adjustment shall have been
effected the President of the United States shall issue his proclamation
declaring this act to be in full force and operation;" and
Whereas the legislature of the State of Texas, by an act approved the
25th of November last, entitled "An act accepting the propositions made
by the United States to the State of Texas in an act of the Congress of
the United States approved the 9th day of September, A. D. 1850, and
entitled 'An act proposing to the State of Texas the establishment of her
northern and western boundaries, the relinquishment by the said State
of all territory claimed by her exterior to said boundaries and of all her
claims upon the United States, and to establish a Territorial government
for New Mexico,'
''' of which act a copy, authenticated under the seal of
the State, has been furnished to the President, enacts "that the State
of Texas hereby agrees to and accepts said propositions, and it is hereby
declared that the said State shall be bound by the terms thereof, accord-
ing to their true import and meaning:
Now, therefore, I, Millard Fillmore, President of the United States of
America, do hereby declare and proclaim that the said act of the Con-
gress of the United States of the 9th of September last is in full force
and operation.
Given under my hand, at the city of Washington, this 13th day of
December, A. D. 1850, and the seventy-fifth of the Independ-
ence of these United States.
[SEAL.]
By the President:
DANL. WEBSTER,
Secretary of State.
MILLARD FILLMORE.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas information has been received that sundry lawless persons,
principally persons of color, combined and confederated together for the
purpose of opposing by force the execution of the laws of the United
States, did, at Boston, in Massachusetts, on the 15th of this month, make
a violent assault on the marshal or deputy marshals of the United States
for the district of Massachusetts, in the court-house, and did overcome
the said officers, and did by force rescue from their custody a person
arrested as a fugitive slave, and then and there a prisoner lawfully holden
by the said marshal or deputy marshals of the United States, and other
scandalous outrages did commit in violation of law:
Now, therefore, to the end that the authority of the laws may be main-
tained and those concerned in violating them brought to immediate and
2646
Messages and Papers of the Presidents
condign punishment, I have issued this my proclamation, calling on all
well-disposed citizens to rally to the support of the laws of their country,
and requiring and commanding all officers, civil and military, and all
other persons, civil or military, who shall be found within the vicinity
of this outrage, to be aiding and assisting by all means in their power in
quelling this and other such combinations and assisting the marshal and
his deputies in recapturing the above-mentioned prisoner; and I do es-
pecially direct that prosecutions be commenced against all persons who
shall have made themselves aiders or abettors in or to this flagitious
offense; and I do further command that the district attorney of the United
States and all other persons concerned in the administration or execu-
tion of the laws of the United States cause the foregoing offenders and
all such as aided, abetted, or assisted them or shall be found to have
harbored or concealed such fugitive contrary to law to be immediately
arrested and proceeded with according to law.
Given under my hand and the seal of the United States this 18th day
of February, 1851.
[SEAL.]
DANL. WEBSTER,
Secretary of State.
MILLARD FILLMORE.
[From Executive Journal of the Senate, Vol. VIII, p. 299.]
WASHINGTON, March 3, 1851.
To the Senators of the United States, respectively.
SIR: Whereas divers and weighty causes connected with executive
business necessary to be transacted create an extraordinary occasion
requiring that the Senate be convened, you are therefore requested, as
a member of that body, to attend a meeting thereof to be holden at the
Capitol, in the city of Washington, on the 4th day of March instant.
MILLARD FILLMORE.
SPECIAL MESSAGES.
To the Senate of the United States:
WASHINGTON, March 4, 1851.
Sundry nominations having been made during the last session of the
Senate which were not finally disposed of, I hereby nominate anew each
person so nominated at the last session whose nomination was not finally
acted on before the termination of that session to the same office for
which he was nominated as aforesaid.
MILLARD FILLMORE.
Millard Fillmore
2647
To the Senate of the United States:
WASHINGTON, March 10, 1851.
I transmit herewith a report of the Secretary of State, with the accom-
panying documents,* in compliance with the resolution of the Senate of
the 8th instant.
MILLARD FILLMORE.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas there is reason to believe that a military expedition is about
to be fitted out in the United States with intention to invade the island
of Cuba, a colony of Spain, with which this country is at peace; and
Whereas it is believed that this expedition is instigated and set on
foot chiefly by foreigners who dare to make our shores the scene of their
guilty and hostile preparations against a friendly power and seek by
falsehood and misrepresentation to seduce our own citizens, especially
the young and inconsiderate, into their wicked schemes-an ungrateful
return for the benefits conferred upon them by this people in permitting
them to make our country an asylum from oppression and in flagrant
abuse of the hospitality thus extended to them; and
Whereas such expeditions can only be regarded as adventures for
plunder and robbery, and must meet the condemnation of the civilized
world, whilst they are derogatory to the character of our country, in vio-
lation of the laws of nations, and expressly prohibited by our own. Our
statutes declare "that if any person shall, within the territory or juris-
diction of the United States, begin or set on foot or provide or prepare
the means for any military expedition or enterprise to be carried on from.
thence against the territory or dominions of any foreign prince or state
or of any colony, district, or people with whom the United States are
at peace, every person so offending shall be deemed guilty of a high mis-
demeanor and shall be fined not exceeding $3,000 and imprisoned not
more than three years:
Now, therefore, I have issued this my proclamation, warning all per-
sons who shall connect themselves with any such enterprise or expedition
in violation of our laws and national obligations that they will thereby
subject themselves to the heavy penalties denounced against such offenses.
and will forfeit their claim to the protection of this Government or any
interference on their behalf, no matter to what extremities they may be
reduced in consequence of their illegal conduct. And therefore I exhort
all good citizens, as they regard our national reputation, as they respect
*Correspondence with the United States minister at Constantinople respecting the liberation of
Kossuth and his companions.
2648
Messages and Papers of the Presidents
their own laws and the laws of nations, as they value the blessings of
peace and the welfare of their country, to discountenance and by all law-
ful means prevent any such enterprise; and I call upon every officer of
this Government, civil or military, to use all efforts in his power to
arrest for trial and punishment every such offender against the laws of
the country.
Given under my hand the 25th day of April, A. D. 1851, and the
seventy-fifth of the Independence of the United States.
[SEAL.]
By the President:
MILLARD FILLMORE.
W. S. DERRICK,
Acting Secretary of State.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas there is reason to believe that a military expedition is about
to be fitted out in the United States for the purpose of invading the Mex-
ican Republic, with which this country is at peace; and
Whereas there is reason to apprehend that a portion of the people of
this country, regardless of their duties as good citizens, are concerned in
or may be seduced to take part in the same; and
Whereas such enterprises tend to degrade the character of the United
States in the opinion of the civilized world and are expressly prohibited
by law:
Now, therefore, I have issued this my proclamation, warning all per-
sons who shall connect themselves with any such enterprise in violation
of the laws and national obligations of the United States that they will
thereby subject themselves to the heavy penalties denounced against
such offenses; that if they should be captured within the jurisdiction of
the Mexican authorities they must expect to be tried and punished ac-
cording to the laws of Mexico and will have no right to claim the inter-
position of this Government in their behalf.
I therefore exhort all well-disposed citizens who have at heart the
reputation of their country and are animated with a just regard for its
laws, its peace, and its welfare to discountenance and by all lawful means
prevent any such enterprise; and I call upon every officer of this Gov-
ernment, civil or military, to be vigilant in arresting for trial and pun-
ishment every such offender.
Given under my hand the 22d day of October, A. D. 1851, and the
seventy-sixth of the Independence of the United States.
By the President:
J. J. CRITTENDEN,
MILLARD FILLMORE.
Acting Secretary of State.
Millard Fillmore
2649
SECOND ANNUAL MESSAGE.
WASHINGTON, December 2, 1851.
Fellow-Citizens of the Senate and of the House of Representatives:
I congratulate you and our common constituency upon the favorable
auspices under which you meet for your first session. Our country is
at peace with all the world. The agitation which for a time threatened
to disturb the fraternal relations which make us one people is fast subsid-
ing, and a year of general prosperity and health has crowned the nation.
with unusual blessings. None can look back to the dangers which are
passed or forward to the bright prospect before us without feeling a
thrill of gratification, at the same time that he must be impressed with
a grateful sense of our profound obligations to a beneficent Providence,
whose paternal care is so manifest in the happiness of this highly favored
land.
Since the close of the last Congress certain Cubans and other for-
eigners resident in the United States, who were more or less concerned
in the previous invasion of Cuba, instead of being discouraged by its
failure have again abused the hospitality of this country by making it
the scene of the equipment of another military expedition against that
possession of Her Catholic Majesty, in which they were countenanced,
aided, and joined by citizens of the United States. On receiving intelli-
gence that such designs were entertained, I lost no time in issuing such
instructions to the proper officers of the United States as seemed to be
called for by the occasion. By the proclamation a copy of which is
herewith submitted I also warned those who might be in danger of
being inveigled into this scheme of its unlawful character and of the
penalties which they would incur. For some time there was reason to
hope that these measures had sufficed to prevent any such attempt. This
hope, however, proved to be delusive. Very early in the morning of the
3d of August a steamer called the Pampero departed from New Orleans
for Cuba, having on board upward of 400 armed men with evident inten-
tions to make war upon the authorities of the island. This expedition
was set on foot in palpable violation of the laws of the United States.
Its leader was a Spaniard, and several of the chief officers and some others
engaged in it were foreigners. The persons composing it, however, were
mostly citizens of the United States.
Before the expedition set out, and probably before it was organized, a
slight insurrectionary movement, which appears to have been soon sup-
pressed, had taken place in the eastern quarter of Cuba. The impor-
tance of this movement was, unfortunately, so much exaggerated in the
accounts of it published in this country that these adventurers seem to
have been led to believe that the Creole population of the island not
2650
Messages and Papers of the Presidents
only desired to throw off the authority of the mother country, but had
resolved upon that step and had begun a well-concerted enterprise for
effecting it. The persons engaged in the expedition were generally young
and ill informed. The steamer in which they embarked left New Orleans
stealthily and without a clearance. After touching at Key West, she
proceeded to the coast of Cuba, and on the night between the 11th and
12th of August landed the persons on board at Playtas, within about 20
leagues of Havana.
The
The main body of them proceeded to and took possession of an inland
village 6 leagues distant, leaving others to follow in charge of the bag-
gage as soon as the means of transportation could be obtained.
latter, having taken up their line of march to connect themselves with
the main body, and having proceeded about 4 leagues into the country,
were attacked on the morning of the 13th by a body of Spanish troops,
and a bloody conflict ensued, after which they retreated to the place of
disembarkation, where about 50 of them obtained boats and reembarked
therein. They were, however, intercepted among the keys near the
shore by a Spanish steamer cruising on the coast, captured and carried
to Havana, and after being examined before a military court were sen-
tenced to be publicly executed, and the sentence was carried into effect
on the 16th of August.
On receiving information of what had occurred Commodore Foxhall A.
Parker was instructed to proceed in the steam frigate Saranac to Havana
and inquire into the charges against the persons executed, the circum-
stances under which they were taken, and whatsoever referred to their
trial and sentence. Copies of the instructions from the Department of
State to him and of his letters to that Department are herewith sub-
mitted.
According to the record of the examination, the prisoners all admitted
the offenses charged against them, of being hostile invaders of the island.
At the time of their trial and execution the main body of the invaders
was still in the field making war upon the Spanish authorities and
Spanish subjects. After the lapse of some days, being overcome by
the Spanish troops, they dispersed on the 24th of August. Lopez, their
leader, was captured some days after, and executed on the 1st of Septem-
ber. Many of his remaining followers were killed or died of hunger and
fatigue, and the rest were made prisoners. Of these none appear to have
been tried or executed. Several of them were pardoned upon applica-
tion of their friends and others, and the rest, about 160 in number, were
sent to Spain. Of the final disposition made of these we have no official
information.
Such is the melancholy result of this illegal and ill-fated expedition.
Thus thoughtless young men have been induced by false and fraudulent
representations to violate the law of their country through rash and un-
founded expectations of assisting to accomplish political revolutions in
Millard Fillmore
2651
other states, and have lost their lives in the undertaking. Too severe a
judgment can hardly be passed by the indignant sense of the community
upon those who, being better informed themselves, have yet led away
the ardor of youth and an ill-directed love of political liberty. The cor-
respondence between this Government and that of Spain relating to this
transaction is herewith communicated.
Although these offenders against the laws have forfeited the protec-
tion of their country, yet the Government may, so far as consistent with
its obligations to other countries and its fixed purpose to maintain
and enforce the laws, entertain sympathy for their unoffending families
and friends, as well as a feeling of compassion for themselves. Accord-
ingly, no proper effort has been spared and none will be spared to pro-
cure the release of such citizens of the United States engaged in this
unlawful enterprise as are now in confinement in Spain; but it is to be
hoped that such interposition with the Government of that country may
not be considered as affording any ground of expectation that the Gov-
ernment of the United States will hereafter feel itself under any obliga-
tion of duty to intercede for the liberation or pardon of such persons as
are flagrant offenders against the law of nations and the laws of the
United States. These laws must be executed. If we desire to maintain
our respectability among the nations of the earth, it behooves us to
enforce steadily and sternly the neutrality acts passed by Congress and
to follow as far as may be the violation of those acts with condign
punishment.
But what gives a peculiar criminality to this invasion of Cuba is that,
under the lead of Spanish subjects and with the aid of citizens of the
United States, it had its origin with many in motives of cupidity. Money
was advanced by individuals, probably in considerable amounts, to pur-
chase Cuban bonds, as they have been called, issued by Lopez, sold,
doubtless, at a very large discount, and for the payment of which the
public lands and public property of Cuba, of whatever kind, and the fiscal
resources of the people and government of that island, from whatever
source to be derived, were pledged, as well as the good faith of the gov-
ernment expected to be established. All these means of payment, it is
evident, were only to be obtained by a process of bloodshed, war, and
revolution. None will deny that those who set on foot military expedi-
tions against foreign states by means like these are far more culpable
than the ignorant and the necessitous whom they induce to go forth as
the ostensible parties in the proceeding. These originators of the inva-
sion of Cuba seem to have determined with coolness and system upon
an undertaking which should disgrace their country, violate its laws,
and put to hazard the lives of ill-informed and deluded men. You will
consider whether further legislation be necessary to prevent the perpe-
tration of such offenses in future.
No individuals have a right to hazard the peace of the country or to
2652
Messages and Papers of the Presidents
violate its laws upon vague notions of altering or reforming govern-
ments in other states. This principle is not only reasonable in itself
and in accordance with public law, but is ingrafted into the codes of
other nations as well as our own. But while such are the sentiments
of this Government, it may be added that every independent nation
must be presumed to be able to defend its possessions against unau-
thorized individuals banded together to attack them. The Government
of the United States at all times since its establishment has abstained
and has sought to restrain the citizens of the country from entering into
controversies between other powers, and to observe all the duties of
neutrality. At an early period of the Government, in the Administra-
tion of Washington, several laws were passed for this purpose. The
main provisions of these laws were reenacted by the act of April, 1818,
by which, amongst other things, it was declared that-
If any person shall, within the territory or jurisdiction of the United States, begin,
or set on foot, or provide or prepare the means for, any military expedition or enter-
prise to be carried on from thence against the territory or dominions of any foreign
prince or state, or of any colony, district, or people, with whom the United States
are at peace, every person so offending shall be deemed guilty of a high misdemeanor,
and shall be fined not exceeding $3,000 and imprisoned not more than three years.
And this law has been executed and enforced to the full extent of the
power of the Government from that day to this.
In proclaiming and adhering to the doctrine of neutrality and nonin-
tervention, the United States have not followed the lead of other civilized
nations; they have taken the lead themselves and have been followed by
others. This was admitted by one of the most eminent of modern British
statesmen, who said in Parliament, while a minister of the Crown, "that if
he wished for a guide in a system of neutrality he should take that laid
down by America in the days of Washington and the secretaryship of
Jefferson;" and we see, in fact, that the act of Congress of 1818 was fol-
lowed the succeeding year by an act of the Parliament of England sub-
stantially the same in its general provisions. Up to that time there had
been no similar law in England, except certain highly penal statutes.
passed in the reign of George II, prohibiting English subjects from enlist-
ing in foreign service, the avowed object of which statutes was that
foreign armies, raised for the purpose of restoring the house of Stuart to
the throne, should not be strengthened by recruits from England herself.
All must see that difficulties may arise in carrying the laws referred
to into execution in a country now having 3,000 or 4,000 miles of sea-
coast, with an infinite number of ports and harbors and small inlets, from
some of which unlawful expeditions may suddenly set forth, without the
knowledge of Government, against the possessions of foreign states.
"Friendly relations with all, but entangling alliances with none," has
long been a maxim with us. Our true mission is not to propagate our
opinions or impose upon other countries our form of government by arti-
Millard Fillmore
2653
fice or force, but to teach by example and show by our success, moder-
ation, and justice the blessings of self-government and the advantages of
free institutions. Let every people choose for itself and make and alter
its political institutions to suit its own condition and convenience. But
while we avow and maintain this neutral policy ourselves, we are anxious
to see the same forbearance on the part of other nations whose forms of
government are different from our own. The deep interest which we feel
in the spread of liberal principles and the establishment of free govern-
ments and the sympathy with which we witness every struggle against
oppression forbid that we should be indifferent to a case in which the
strong arm of a foreign power is invoked to stifle public sentiment and
repress the spirit of freedom in any country.
The Governments of Great Britain and France have issued orders to
their naval commanders on the West India station to prevent, by force
if necessary, the landing of adventurers from any nation on the island of
Cuba with hostile intent. The copy of a memorandum of a conversation
on this subject between the chargé d'affaires of Her Britannic Majesty
and the Acting Secretary of State and of a subsequent note of the former
to the Department of State are herewith submitted, together with a copy
of a note of the Acting Secretary of State to the minister of the French
Republic and of the reply of the latter on the same subject. These papers
will acquaint you with the grounds of this interposition of two leading
commercial powers of Europe, and with the apprehensions, which this
Government could not fail to entertain, that such interposition, if carried
into effect, might lead to abuses in derogation of the maritime rights of
the United States. The maritime rights of the United States are founded
on a firm, secure, and well-defined basis; they stand upon the ground of
national independence and public law, and will be maintained in all their
full and just extent. The principle which this Government has hereto-
fore solemnly announced it still adheres to, and will maintain under all
circumstances and at all hazards. That principle is that in every regu-
larly documented merchant vessel the crew who navigate it and those on
board of it will find their protection in the flag which is over them. No
American ship can be allowed to be visited or searched for the purpose
of ascertaining the character of individuals on board, nor can there be
allowed any watch by the vessels of any foreign nation over American
vessels on the coast of the United States or the seas adjacent thereto.
will be seen by the last communication from the British chargé d'affaires
to the Department of State that he is authorized to assure the Secretary
of State that every care will be taken that in executing the preventive
measures against the expeditions which the United States Government
itself has denounced as not being entitled to the protection of any gov-
ernment no interference shall take place with the lawful commerce of
any nation.
It
In addition to the correspondence on this subject herewith submitted,
2654
Messages and Papers of the Presidents
official information has been received at the Department of State of assur-
ances by the French Government that in the orders given to the French
naval forces they were expressly instructed, in any operations they might
engage in, to respect the flag of the United States wherever it might ap-
pear, and to commit no act of hostility upon any vessel or armament under
its protection.
Ministers and consuls of foreign nations are the means and agents of
communication between us and those nations, and it is of the utmost
importance that while residing in the country they should feel a perfect
security so long as they faithfully discharge their respective duties and
are guilty of no violation of our laws. This is the admitted law of nations
and no country has a deeper interest in maintaining it than the United
States. Our commerce spreads over every sea and visits every clime, and
our ministers and consuls are appointed to protect the interests of that
commerce as well as to guard the peace of the country and maintain the
honor of its flag. But how can they discharge these duties unless they
be themselves protected? And if protected it must be by the laws of the
country in which they reside. And what is due to our own public func-
tionaries residing in foreign nations is exactly the measure of what is
due to the functionaries of other governments residing here. As in war
the bearers of flags of truce are sacred, or else wars would be intermi-
nable, so in peace ambassadors, public ministers, and consuls, charged
with friendly national intercourse, are objects of especial respect and pro-
tection, each according to the rights belonging to his rank and station.
In view of these important principles, it is with deep mortification and
regret I announce to you that during the excitement growing out of the
executions at Havana the office of Her Catholic Majesty's consul at New-
Orleans was assailed by a mob, his property destroyed, the Spanish flag
found in the office carried off and torn in pieces, and he himself induced
to flee for his personal safety, which he supposed to be in danger. On
receiving intelligence of these events I forthwith directed the attorney
of the United States residing at New Orleans to inquire into the facts
and the extent of the pecuniary loss sustained by the consul, with the
intention of laying them before you, that you might make provision for
such indemnity to him as a just regard for the honor of the nation and
the respect which is due to a friendly power might, in your judgment,
seem to require. The correspondence upon this subject between the
Secretary of State and Her Catholic Majesty's minister plenipotentiary
is herewith transmitted.
The occurrence at New Orleans has led me to give my attention to the
state of our laws in regard to foreign ambassadors, ministers, and con-
suls. I think the legislation of the country is deficient in not providing
sufficiently either for the protection or the punishment of consuls.
therefore recommend the subject to the consideration of Congress.
Your attention is again invited to the question of reciprocal trade
Millard Fillmore
2655
between the United States and Canada and other British possessions near
our frontier. Overtures for a convention upon this subject have been
received from Her Britannic Majesty's minister plenipotentiary, but it
seems to be in many respects preferable that the matter should be regu-
lated by reciprocal legislation. Documents are laid before you showing
the terms which the British Government is willing to offer and the meas-
ures which it may adopt if some arrangement upon this subject shall not
be made.
From the accompanying copy of a note from the British legation at
Washington and the reply of the Department of State thereto it will
appear that Her Britannic Majesty's Government is desirous that a part
of the boundary line between Oregon and the British possessions should
be authoritatively marked out, and that an intention was expressed to
apply to Congress for an appropriation to defray the expense thereof on
the part of the United States. Your attention to this subject is accord-
ingly invited and a proper appropriation recommended.
A convention for the adjustment of claims of citizens of the United
States against Portugal has been concluded and the ratifications have
been exchanged. The first installment of the amount to be paid by
Portugal fell due on the 30th of September last and has been paid.
The President of the French Republic, according to the provisions of
the convention, has been selected as arbiter in the case of the General
Armstrong, and has signified that he accepts the trust and the high satis-
faction he feels in acting as the common friend of two nations with which
France is united by sentiments of sincere and lasting amity.
The Turkish Government has expressed its thanks for the kind recep
tion given to the Sultan's agent, Amin Bey, on the occasion of his recent
visit to the United States. On the 28th of February last a dispatch was
addressed by the Secretary of State to Mr. Marsh, the American minister
at Constantinople, instructing him to ask of the Turkish Government
permission for the Hungarians then imprisoned within the dominions of
the Sublime Porte to remove to this country. On the 3d of March last
both Houses of Congress passed a resolution requesting the President to
authorize the employment of a public vessel to convey to this country
Louis Kossuth and his associates in captivity.
The instruction above referred to was complied with, and the Turk-
ish Government having released Governor Kossuth and his companions
from prison, on the 10th of September last they embarked on board of
the United States steam frigate Mississippi, which was selected to carry
into effect the resolution of Congress. Governor Kossuth left the Missis-
sippi at Gibraltar for the purpose of making a visit to England, and may
shortly be expected in New York. By communications to the Depart-
ment of State he has expressed his grateful acknowledgments for the
interposition of this Government in behalf of himself and his associates.
This country has been justly regarded as a safe asylum for those whom
2656
Messages and Papers of the Presidents
political events have exiled from their own homes in Europe, and it is
recommended to Congress to consider in what manner Governor Kossuth
and his companions, brought hither by its authority, shall be received
and treated.
It is earnestly to be hoped that the differences which have for some
time past been pending between the Government of the French Republic
and that of the Sandwich Islands may be peaceably and durably adjusted
so as to secure the independence of those islands. Long before the events
which have of late imparted so much importance to the possessions of
the United States on the Pacific we acknowledged the independence
of the Hawaiian Government. This Government was first in taking that
step, and several of the leading powers of Europe immediately followed.
We were influenced in this measure by the existing and prospective
importance of the islands as a place of refuge and refreshment for our
vessels engaged in the whale fishery, and by the consideration that they
lie in the course of the great trade which must at no distant day be car-
ried on between the western coast of North America and eastern Asia.
We were also influenced by a desire that those islands should not pass
under the control of any other great maritime state, but should remain
in an independent condition, and so be accessible and useful to the
commerce of all nations. I need not say that the importance of these
considerations has been greatly enhanced by the sudden and vast devel-
opment which the interests of the United States have attained in Cali-
fornia and Oregon, and the policy heretofore adopted in regard to those
islands will be steadily pursued.
It is gratifying, not only to those who consider the commercial inter-
ests of nations, but also to all who favor the progress of knowledge and
the diffusion of religion, to see a community emerge from a savage state
and attain such a degree of civilization in those distant seas.
It is much to be deplored that the internal tranquillity of the Mexican
Republic should again be seriously disturbed, for since the peace between
that Republic and the United States it had enjoyed such comparative
repose that the most favorable anticipations for the future might with
a degree of confidence have been indulged. These, however, have been
thwarted by the recent outbreak in the State of Tamaulipas, on the right
bank of the Rio Bravo. Having received information that persons from
the United States had taken part in the insurrection, and apprehend-
ing that their example might be followed by others, I caused orders to
be issued for the purpose of preventing any hostile expeditions against
Mexico from being set on foot in violation of the laws of the United
States. I likewise issued a proclamation upon the subject, a copy of
which is herewith laid before you. This appeared to be rendered im-
perative by the obligations of treaties and the general duties of good
neighborhood.
In my last annual message I informed Congress that citizens of the
Millard Fillmore
2657
United States had undertaken the connection of the two oceans by means
of a railroad across the Isthmus of Tehuantepec, under a grant of the
Mexican Government to a citizen of that Republic, and that this enter-
prise would probably be prosecuted with energy whenever Mexico should
consent to such stipulations with the Government of the United States
as should impart a feeling of security to those who should invest their
property in the enterprise.
A convention between the two Governments for the accomplishment
of that end has been ratified by this Government, and only awaits the
decision of the Congress and the Executive of that Republic.
Some unexpected difficulties and delays have arisen in the ratification
of that convention by Mexico, but it is to be presumed that her decision
will be governed by just and enlightened views, as well of the general
importance of the object as of her own interests and obligations.
In negotiating upon this important subject this Government has had
in view one, and only one, object. That object has been, and is, the con-
struction or attainment of a passage from ocean to ocean, the shortest
and the best for travelers and merchandise, and equally open to all the
world. It has sought to obtain no territorial acquisition, nor any advan-
tages peculiar to itself; and it would see with the greatest regret that
Mexico should oppose any obstacle to the accomplishment of an enter-
prise which promises so much convenience to the whole commercial world
and such eminent advantages to Mexico herself. Impressed with these
sentiments and these convictions, the Government will continue to exert
all proper efforts to bring about the necessary arrangement with the Re-
public of Mexico for the speedy completion of the work.
For some months past the Republic of Nicaragua has been the theater
of one of those civil convulsions from which the cause of free institutions
and the general prosperity and social progress of the States of Central
America have so often and so severely suffered. Until quiet shall have
been restored and a government apparently stable shall have been organ-
ized, no advance can prudently be made in disposing of the questions
pending between the two countries.
I am happy to announce that an interoceanic communication from the
mouth of the St. John to the Pacific has been so far accomplished as that
passengers have actually traversed it and merchandise has been trans-
ported over it, and when the canal shall have been completed according
to the original plan the means of communication will be further improved.
It is understood that a considerable part of the railroad across the Isth-
mus of Panama has been completed, and that the mail and passengers
will in future be conveyed thereon.
Whichever of the several routes between the two oceans may ulti-
mately prove most eligible for travelers to and from the different States
on the Atlantic and Gulf of Mexico and our coast on the Pacific, there
is little reason to doubt that all of them will be useful to the public, and
2658
Messages and Papers of the Presidents
will liberally reward that individual enterprise by which alone they have
been or are expected to be carried into effect.
Peace has been concluded between the contending parties in the island
of St. Domingo, and, it is hoped, upon a durable basis. Such is the ex-
tent of our commercial relations with that island that the United States
can not fail to feel a strong interest in its tranquillity.
Several persons
The office of commissioner to China remains unfilled.
have been appointed, and the place has been offered to others, all of whom
have declined its acceptance on the ground of the inadequacy of the
compensation. The annual allowance by law is $6,000, and there is no
provision for any outfit. I earnestly recommend the consideration of this
subject to Congress. Our commerce with China is highly important,
and is becoming more and more so in consequence of the increasing inter-
course between our ports on the Pacific Coast and eastern Asia. China
is understood to be a country in which living is very expensive, and I
know of no reason why the American commissioner sent thither should
not be placed, in regard to compensation, on an equal footing with min-
isters who represent this country at the Courts of Europe.
By reference to the report of the Secretary of the Treasury it will
be seen that the aggregate receipts for the last fiscal year amounted to
$52,312,979.87, which, with the balance in the Treasury on the 1st July,
1850, gave as the available means for the year the sum of $58,917,-
524.36.
The total expenditures for the same period were $48,005,878.68. The
total imports for the year ending June 30, 1851, were $215,725,995,
of which there were in specie $4,967,901. The exports for the same
period were $217,517,130, of which there were of domestic products
$178,546,555; foreign goods reexported, $9,738,695; specie, $29,231,880.
Since the 1st of December last the payments in cash on account of the
public debt, exclusive of interest, have amounted to $7,501,456.56, which,
however, includes the sum of $3,242,400, paid under the twelfth article
of the treaty with Mexico, and the further sum of $2,591,213.45, being
the amount of awards to American citizens under the late treaty with
Mexico, for which the issue of stock was authorized, but which was paid
in cash from the Treasury.
The public debt on the 20th ultimo, exclusive of the stock authorized
to be issued to Texas by the act of 9th September, 1850, was $62,560,-
395.26.
The receipts for the next fiscal year are estimated at $51,800,000,
which, with the probable unappropriated balance in the Treasury on
the 30th June next, will give as the probable available means for that
year the sum of $63,258,743.09.
It has been deemed proper, in view of the large expenditures conse-
quent upon the acquisition of territory from Mexico, that the estimates
for the next fiscal year should be laid before Congress in such manner as
Millard Fillmore
2659
to distinguish the expenditures so required from the otherwise ordinary
demands upon the Treasury.
The total expenditures for the next fiscal year are estimated at $42,-
892,299.19, of which there is required for the ordinary purposes of the
Government, other than those consequent upon the acquisition of our new
territories, and deducting the payments on account of the public debt,
the sum of $33,343,198.08, and for the purposes connected, directly or
indirectly, with those territories and in the fulfillment of the obligations
of the Government contracted in consequence of their acquisition the
sum of $9,549, 101.11.
If the views of the Secretary of the Treasury in reference to the
expenditures required for these territories shall be met by correspond-
ing action on the part of Congress, and appropriations made in accord-
ance therewith, there will be an estimated unappropriated balance in the
Treasury on the 30th June, 1853, of $20,366,443.90 wherewith to meet
that portion of the public debt due on the 1st of July following, amount-
ing to $6,237,931.35, as well as any appropriations which may be made.
beyond the estimates.
In thus referring to the estimated expenditures on account of our
newly acquired territories, I may express the hope that Congress will
concur with me in the desire that a liberal course of policy may be pur-
sued toward them, and that every obligation, express or implied, entered
into in consequence of their acquisition shall be fulfilled by the most lib-
eral appropriations for that purpose.
The values of our domestic exports for the last fiscal year, as compared
with those of the previous year, exhibit an increase of $43,646,322. At
first view this condition of our trade with foreign nations would seem to
present the most flattering hopes of its future prosperity. An examina-
tion of the details of our exports, however, will show that the increased
value of our exports for the last fiscal year is to be found in the high
price of cotton which prevailed during the first half of that year, which
price has since declined about one-half.
The value of our exports of breadstuffs and provisions, which it was
supposed the incentive of a low tariff and large importations from abroad.
would have greatly augmented, has fallen from $68,701,921 in 1847 to
$26,051,373 in 1850 and to $21,948,653 in 1851, with a strong probabil-
ity, amounting almost to a certainty, of a still further reduction in the
current year.
The aggregate values of rice exported during the last fiscal year, as
compared with the previous year, also exhibit a decrease, amounting to
$460,917, which, with a decline in the values of the exports of tobacco
for the same period, make an aggregate decrease in these two articles of
$1,156,751.
The policy which dictated a low rate of duties on foreign merchandise,
it was thought by those who promoted and established it, would tend to
2660
Messages and Papers of the Presidents
benefit the farming population of this country by increasing the demand
and raising the price of agricultural products in foreign markets.
The foregoing facts, however, seem to show incontestably that no such
result has followed the adoption of this policy. On the contrary, not-
withstanding the repeal of the restrictive corn laws in England, the
foreign demand for the products of the American farmer has steadily
declined, since the short crops and consequent famine in a portion
of Europe have been happily replaced by full crops and comparative
abundance of food.
It will be seen by recurring to the commercial statistics for the past
year that the value of our domestic exports has been increased in the
single item of raw cotton by $40,000,000 over the value of that export
for the year preceding. This is not due to any increased general demand
for that article, but to the short crop of the preceding year, which cre-
ated an increased demand and an augmented price for the crop of last
year. Should the cotton crop now going forward to market be only
equal in quantity to that of the year preceding and be sold at the pres-
ent prices, then there would be a falling off in the value of our exports
for the present fiscal year of at least $40,000,000 compared with the
amount exported for the year ending 30th June, 1851.
The production of gold in California for the past year seems to promise
a large supply of that metal from that quarter for some time to come.
This large annual increase of the currency of the world must be attended
with its usual results. These have been already partially disclosed in
the enhancement of prices and a rising spirit of speculation and adven-
ture, tending to overtrading, as well at home as abroad. Unless some
salutary check shall be given to these tendencies it is to be feared that
importations of foreign goods beyond a healthy demand in this country
will lead to a sudden drain of the precious metals from us, bringing with
it, as it has done in former times, the most disastrous consequences to
the business and capital of the American people.
The exports of specie to liquidate our foreign debt during the past
fiscal year have been $24,263,979 over the amount of specie imported.
The exports of specie during the first quarter of the present fiscal year
have been $14,651,827. Should specie continue to be exported at this
rate for the remaining three quarters of this year, it will drain from our
metallic currency during the year ending 30th June, 1852, the enormous
amount of $58,607,308.
In the present prosperous condition of the national finances it will be-
come the duty of Congress to consider the best mode of paying off the
public debt. If the present and anticipated surplus in the Treasury
should not be absorbed by appropriations of an extraordinary character,
this surplus should be employed in such way and under such restric-
tions as Congress may enact in extinguishing the outstanding debt of
the nation.
Millard Fillmore
2661
By reference to the act of Congress approved 9th September, 1850, it
will be seen that, in consideration of certain concessions by the State of
Texas, it is provided that—
The United States shall pay to the State of Texas the sum of $10,000,000 in a stock
bearing 5 per cent interest and redeemable at the end of fourteen years, the interest
payable half-yearly at the Treasury of the United States.
In the same section of the law it is further provided—
That no more than five millions of said stock shall be issued until the creditors of
the State holding bonds and other certificates of stock of Texas, for which duties on
imports were specially pledged, shall first file at the Treasury of the United States
releases of all claims against the United States for or on account of said bonds or cer-
tificates, in such form as shall be prescribed by the Secretary of the Treasury and
approved by the President of the United States.
The form of release thus provided for has been prescribed by the Sec-
retary of the Treasury and approved. It has been published in all the
leading newspapers in the commercial cities of the United States, and
all persons holding claims of the kind specified in the foregoing proviso
were required to file their releases (in the form thus prescribed) in the
Treasury of the United States on or before the 1st day of October,
1851. Although this publication has been continued from the 25th day
of March, 1851, yet up to the 1st of October last comparatively few
releases had been filed by the creditors of Texas.
The authorities of the State of Texas, at the request of the Secretary of
the Treasury, have furnished a schedule of the public debt of that State
created prior to her admission into the Union, with a copy of the laws.
under which each class was contracted.
I have, from the documents furnished by the State of Texas, determined
the classes of claims which in my judgment fall within the provisions of the
act of Congress of the 9th of September, 1850.
On being officially informed of the acceptance by Texas of the propo-
sitions contained in the act referred to I caused the stock to be prepared,
and the five millions which are to be issued unconditionally, bearing an
interest of 5 per cent from the 1st day of January, 1851, have been for
some time ready to be delivered to the State of Texas. The authorities
of Texas up to the present time have not authorized anyone to receive
this stock, and it remains in the Treasury Department subject to the
order of Texas.
The releases required by law to be deposited in the Treasury not hav-
ing been filed there, the remaining five millions have not been issued.
This last amount of the stock will be withheld from Texas until the con-
ditions upon which it is to be delivered shall be complied with by the
creditors of that State, unless Congress shall otherwise direct by a modi-
fication of the law.
In my last annual message, to which I respectfully refer, I stated
briefly the reasons which induced me to recommend a modification of
86
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Messages and Papers of the Presidents
the present tariff by converting the ad valorem into a specific duty wher-
ever the article imported was of such a character as to permit it, and that
such a discrimination should be made in favor of the industrial pursuits.
of our own country as to encourage home production without excluding
foreign competition.
The numerous frauds which continue to be practiced upon the revenue
by false invoices and undervaluations constitute an unanswerable rea-
son for adopting specific instead of ad valorem duties in all cases where
the nature of the commodity does not forbid it. A striking illustration
of these frauds will be exhibited in the report of the Secretary of the
Treasury, showing the custom-house valuation of articles imported under
a former law, subject to specific duties, when there was no inducement to
undervaluation, and the custom-house valuations of the same articles.
under the present system of ad valorem duties, so greatly reduced as to
leave no doubt of the existence of the most flagrant abuses under the
existing laws. This practical evasion of the present law, combined with
the languishing condition of some of the great interests of the country,
caused by overimportations and consequent depressed prices, and with
the failure in obtaining a foreign market for our increasing surplus of
breadstuffs and provisions, has induced me again to recommend a modifi-
cation of the existing tariff.
The report of the Secretary of the Interior, which accompanies this
communication, will present a condensed statement of the operations of
that important Department of the Government.
It will be seen that the cash sales of the public lands exceed those of
the preceding year, and that there is reason to anticipate a still further
increase, notwithstanding the large donations which have been made to
many of the States and the liberal grants to individuals as a reward for
military services. This fact furnishes very gratifying evidence of the
growing wealth and prosperity of our country.
Suitable measures have been adopted for commencing the survey of the
public lands in California and Oregon. Surveying parties have been organ-
ized and some progress has been made in establishing the principal base
and meridian lines. But further legislation and additional appropriations
will be necessary before the proper subdivisions can be made and the
general land system extended over those remote parts of our territory.
On the 3d of March last an act was passed providing for the appoint-
ment of three commissioners to settle private land claims in California.
Three persons were immediately appointed, all of whom, however, de-
clined accepting the office in consequence of the inadequacy of the com-
pensation. Others were promptly selected, who for the same reason
also declined, and it was not until late in the season that the services of
suitable persons could be secured. A majority of the commissioners con-
vened in this city on the 10th of September last, when detailed instruc-
tions were given to them in regard to their duties. Their first meeting
Millard Fillmore
2663
for the transaction of business will be held in San Francisco on the 8th
day of the present month.
I have thought it proper to refer to these facts, not only to explain the
causes of the delay in filling the commission, but to call your attention
to the propriety of increasing the compensation of the commissioners.
The office is one of great labor and responsibility, and the compensation
should be such as to command men of a high order of talents and the
most unquestionable integrity.
The proper disposal of the mineral lands of California is a subject sur-
rounded by great difficulties. In my last annual message I recommended
the survey and sale of them in small parcels under such restrictions ast
would effectually guard against monopoly and speculation; but upon
further information, and in deference to the opinions of persons familiar
with the subject, I am inclined to change that recommendation and to
advise that they be permitted to remain as at present, a common field,
open to the enterprise and industry of all our citizens, until further expe-
rience shall have developed the best policy to be ultimately adopted in
regard to them. It is safer to suffer the inconveniences that now exist
for a short period than by premature legislation to fasten on the country
a system founded in error, which may place the whole subject beyond the
future control of Congress.
The agricultural lands should, however, be surveyed and brought into
market with as little delay as possible, that the titles may become settled
and the inhabitants stimulated to make permanent improvements and
enter on the ordinary pursuits of life. To effect these objects it is desir-
able that the necessary provision be made by law for the establishment of
land offices in California and Oregon and for the efficient prosecution
of the surveys at an early day.
Some difficulties have occurred in organizing the Territorial govern-
ments of New Mexico and Utah, and when more accurate information
shall be obtained of the causes a further communication will be made on
that subject.
In my last annual communication to Congress I recommended the es-
tablishment of an agricultural bureau, and I take this occasion again to
invoke your favorable consideration of the subject.
Agriculture may justly be regarded as the great interest of our people.
Four-fifths of our active population are employed in the cultivation of
the soil, and the rapid expansion of our settlements over new territory is
daily adding to the number of those engaged in that vocation. Justice
and sound policy, therefore, alike require that the Government should
use all the means authorized by the Constitution to promote the interests
and welfare of that important class of our fellow-citizens. And yet it is
a singular fact that whilst the manufacturing and commercial interests
have engaged the attention of Congress during a large portion of every
session and our statutes abound in provisions for their protection and
2664
Messages and Papers of the Presidents
encouragement, little has yet been done directly for the advancement of
agriculture. It is time that this reproach to our legislation should be
removed, and I sincerely hope that the present Congress will not close
their labors without adopting efficient means to supply the omissions of
those who have preceded them.
An agricultural bureau, charged with the duty of collecting and dis-
seminating correct information as to the best modes of cultivation and of
the most effectual means of preserving and restoring the fertility of the
soil and of procuring and distributing seeds and plants and other vege-
table productions, with instructions in regard to the soil, climate, and
treatment best adapted to their growth, could not fail to be, in the lan-
guage of Washington in his last annual message to Congress, a very
cheap instrument of immense national benefit."
Regarding the act of Congress approved 28th September, 1850, grant-
ing bounty lands to persons who had been engaged in the military serv
ice of the country, as a great measure of national justice and munificence,
an anxious desire has been felt by the officers intrusted with its imme-
diate execution to give prompt effect to its provisions. All the means
within their control were therefore brought into requisition to expedite
the adjudication of claims, and I am gratified to be able to state that
near 100,000 applications have been considered and about 70,000 war-
rants issued within the short space of nine months.
If adequate pro-
vision be made by law to carry into effect the recommendations of the
Department, it is confidently expected that before the close of the next
fiscal year all who are entitled to the benefits of the act will have
received their warrants.
The Secretary of the Interior has suggested in his report various amend-
ments of the laws relating to pensions and bounty lands for the purpose.
of more effectually guarding against abuses and frauds on the Govern
ment, to all of which I invite your particular attention.
The large accessions to our Indian population consequent upon the
acquisition of New Mexico and California and the extension of our
settlements into Utah and Oregon have given increased interest and
importance to our relations with the aboriginal race.
No material change has taken place within the last year in the condi-
tion and prospects of the Indian tribes who reside in the Northwestern
Territory and west of the Mississippi River. We are at peace with all
of them, and it will be a source of pleasure to you to learn that they are
gradually advancing in civilization and the pursuits of social life.
Along the Mexican frontier and in California and Oregon there have
been occasional manifestations of unfriendly feeling and some depreda-
tions committed. I am satisfied, however, that they resulted more from
the destitute and starving condition of the Indians than from any settled
hostility toward the whites. As the settlements of our citizens progress
toward them, the game, upon which they mainly rely for subsistence, is
Millard Fillmore
2665
driven off or destroyed, and the only alternative left to them is starva-
tion or plunder. It becomes us to consider, in view of this condition of
things, whether justice and humanity, as well as an enlightened economy,
do not require that instead of seeking to punish them for offenses which
are the result of our own policy toward them we should not provide for
their immediate wants and encourage them to engage in agriculture and
to rely on their labor instead of the chase for the means of support.
Various important treaties have been negotiated with different tribes
during the year, by which their title to large and valuable tracts of coun-
try has been extinguished, all of which will at the proper time be sub-
mitted to the Senate for ratification.
The joint commission under the treaty of Guadalupe Hidalgo has been
actively engaged in running and marking the boundary line between
the United States and Mexico. It was stated in the last annual report
of the Secretary of the Interior that the initial point on the Pacific and
the point of junction of the Gila with the Colorado River had been de-
termined and the intervening line, about 150 miles in length, run and
marked by temporary monuments. Since that time a monument of
marble has been erected at the initial point, and permanent landmarks
of iron have been placed at suitable distances along the line.
The initial point ou the Rio Grande has also been fixed by the commis-
sioners, at latitude 32° 22′, and at the date of the last communication the
survey of the line had been made thence westward about 150 miles to
the neighborhood of the copper mines.
The commission on our part was at first organized on a scale which
experience proved to be unwieldy and attended with unnecessary ex-
pense. Orders have therefore been issued for the reduction of the num-
ber of persons employed within the smallest limits consistent with the
safety of those engaged in the service and the prompt and efficient execu
tion of their important duties.
Returns have been received from all the officers engaged in taking the
census in the States and Territories except California. The superintend-
ent employed to make the enumeration in that State has not yet made
his full report, from causes, as he alleges, beyond his control. This
failure is much to be regretted, as it has prevented the Secretary of the
Interior from making the decennial apportionment of Representatives
among the States, as required by the act approved May 23, 1850. It is
hoped, however, that the returns will soon be received, and no time will
then be lost in making the necessary apportionment and in transmitting
the certificates required by law.
The Superintendent of the Seventh Census is diligently employed,
under the direction of the Secretary of the Interior, in classifying and
arranging in tabular form all the statistical information derived from the
returns of the marshals, and it is believed that when the work shall be
completed it will exhibit a more perfect view of the population, wealth,
2666
Messages and Papers of the Presidents
1
occupations, and social condition of a great country than has ever been
presented to the world. The value of such a work as the basis of enlight-
ened legislation can hardly be overestimated, and I earnestly hope that
Congress will lose no time in making the appropriations necessary to
complete the classifications and to publish the results in a style worthy
of the subject and of our national character.
The want of a uniform fee bill, prescribing the compensation to be
allowed district attorneys, clerks, marshals, and commissioners in civil
and criminal cases, is the cause of much vexation, injustice, and com-
plaint. I would recommend a thorough revision of the laws on the
whole subject and the adoption of a tariff of fees which, as far as prac-
ticable, should be uniform, and prescribe a specific compensation for every
service which the officer may be required to perform. This subject will
be fully presented in the report of the Secretary of the Interior.
In my last annual message I gave briefly my reasons for believing that
you possessed the constitutional power to improve the harbors of our
Great Lakes and seacoast and the navigation of our principal rivers, and
recommended that appropriations should be made for completing such
works as had already been commenced and for commencing such others
as might seem to the wisdom of Congress to be of public and general
importance. Without repeating the reasons then urged, I deem it my
duty again to call your attention to this important subject. The works
on many of the harbors were left in an unfinished state, and conse-
quently exposed to the action of the elements, which is fast destroying
them. Great numbers of lives and vast amounts of property are annually
lost for want of safe and convenient harbors on the Lakes. None but
those who have been exposed to that dangerous navigation can fully
appreciate the importance of this subject. The whole Northwest appeals
to you for relief, and I trust their appeal will receive due consideration
at your hands.
The same is in a measure true in regard to some of the harbors and
inlets on the seacoast.
The unobstructed navigation of our large rivers is of equal impor-
tance. Our settlements are now extending to the sources of the great
rivers which empty into and form a part of the Mississippi, and the value
of the public lands in those regions would be greatly enhanced by freeing
the navigation of those waters from obstructions. In view, therefore,
of this great interest, I deem it my duty again to urge upon Congress
to make such appropriations for these improvements as they may deem
necessary.
The surveys of the Delta of the Mississippi, with a view to the preven-
tion of the overflows that have proved so disastrous to that region of
country, have been nearly completed, and the reports thereof are now in
course of preparation and will shortly be laid before you.
The protection of our southwestern frontier and of the adjacent Mex-
Millard Fillmore
2667
ican States against the Indian tribes within our border has claimed
my earnest and constant attention. Congress having failed at the last
session to adopt my recommendation that an additional regiment of
mounted men specially adapted to that service should be raised, all that
remained to be done was to make the best use of the means at my dis-
posal. Accordingly, all the troops adapted to that service that could
properly be spared from other quarters have been concentrated on that
frontier and officers of high reputation selected to command them. A
new arrangement of the military posts has also been made, whereby the
troops are brought nearer to the Mexican frontier and to the tribes they
are intended to overawe.
Sufficient time has not yet elapsed to realize all the benefits that are
expected to result from these arrangements, but I have every reason to
hope that they will effectually check their marauding expeditions. The
nature of the country, which furnishes little for the support of an army
and abounds in places of refuge and concealment, is remarkably well
adapted to this predatory warfare, and we can scarcely hope that any mili-
tary force, combined with the greatest vigilance, can entirely suppress it.
By the treaty of Guadalupe Hidalgo we are bound to protect the ter-
ritory of Mexico against the incursions of the savage tribes within our
border with equal diligence and energy" as if the same were made
within our territory or against our citizens. I have endeavored to com-
ply as far as possible with this provision of the treaty. Orders have
been given to the officers commanding on that frontier to consider the
Mexican territory and its inhabitants as equally with our own entitled
to their protection, and to make all their plans and arrangements with
a view to the attainment of this object. Instructions have also been
given to the Indian commissioners and agents among these tribes in
all treaties to make the clauses designed for the protection of our own
citizens apply also to those of Mexico. I have no reason to doubt that
these instructions have been fully carried into effect; nevertheless, it is
probable that in spite of all our efforts some of the neighboring States
of Mexico may have suffered, as our own have, from depredations by the
Indians.
To the difficulties of defending our own territory, as above mentioned,
are superadded, in defending that of Mexico, those that arise from its
remoteness, from the fact that we have no right to station our troops
within her limits and that there is no efficient military force on the Mexi-
can side to cooperate with our own. So long as this shall continue to be
the case the number and activity of our troops will rather increase than
diminish the evil, as the Indians will naturally turn toward that country
where they encounter the least resistance. Yet these troops are neces-
sary to subdue them and to compel them to make and observe treaties.
Until this shall have been done neither country will enjoy any security
from their attacks.
2668
Messages and Papers of the Presidents
The Indians in California, who had previously appeared of a peaceable
character and disposed to cultivate the friendship of the whites, have
recently committed several acts of hostility. As a large portion of the
reenforcements sent to the Mexican frontier were drawn from the Pacific,
the military force now stationed there is considered entirely inadequate
to its defense. It can not be increased, however, without an increase of
the Army, and I again recommend that measure as indispensable to the
protection of the frontier.
I invite your attention to the suggestions on this subject and on
others connected with his Department in the report of the Secretary of
War.
The appropriations for the support of the Army during the current
fiscal year ending 30th June next were reduced far below the estimate
submitted by the Department. The consequence of this reduction is a
considerable deficiency, to which I invite your early attention.
The expenditures of that Department for the year ending 30th June
last were $9,060,268.58. The estimates for the year commencing 1st
July next and ending June 30, 1853, are $7,898,775.83, showing a reduc-
tion of $1,161,492.75.
The board of commissioners to whom the management of the affairs
of the military asylum created by the act of 3d March last was intrusted
have selected a site for the establishment of an asylum in the vicinity
of this city, which has been approved by me subject to the production of
a satisfactory title.
The report of the Secretary of the Navy will exhibit the condition of
the public service under the supervision of that Department. Our naval
force afloat during the present year has been actively and usefully em-
ployed in giving protection to our widely extended and increasing com-
merce and interests in the various quarters of the globe, and our flag has
everywhere afforded the security and received the respect inspired by the
justice and liberality of our intercourse and the dignity and power of
the nation.
The expedition commanded by Lieutenant De Haven, dispatched in
search of the British commander Sir John Franklin and his companions
in the Arctic Seas, returned to New York in the month of October, after
having undergone great peril and suffering from an unknown and dan-
gerous navigation and the rigors of a northern climate, without any
satisfactory information of the objects of their search, but with new con-
tributions to science and navigation from the unfrequented polar regions.
The officers and men of the expedition having been all volunteers for
this service and having so conducted it as to meet the entire approbation
of the Government, it is suggested, as an act of grace and generosity,
that the same allowance of extra pay and emoluments be extended to
them that were made to the officers and men of like rating in the late
exploring expedition to the South Seas.
Millard Fillmore
2669
I earnestly recommend to your attention the necessity of reorganizing
the naval establishment, apportioning and fixing the number of officers
in each grade, providing some mode of promotion to the higher grades
of the Navy having reference to merit and capacity rather than seniority
or date of entry into the service, and for retiring from the effective list
upon reduced pay those who may be incompetent to the performance of
active duty. As a measure of economy, as well as of efficiency, in this
arm of the service, the provision last mentioned is eminently worthy of
your consideration.
The determination of the questions of relative rank between the sea
officers and civil officers of the Navy, and between officers of the Army
and Navy, in the various grades of each, will also merit your attention.
The failure to provide any substitute when corporal punishment was
abolished for offenses in the Navy has occasioned the convening of nu-
merous courts-martial upon the arrival of vessels in port, and is believed
to have had an injurious effect upon the discipline and efficiency of the
service. To moderate punishment from one grade to another is among
the humane reforms of the age, but to abolish one of severity, which
applied so generally to offenses on shipboard, and provide nothing in its
stead is to suppose a progress of improvement in every individual among
seamen which is not assumed by the Legislature in respect to any other
class of men. It is hoped that Congress, in the ample opportunity af-
forded by the present session, will thoroughly investigate this important
subject, and establish such modes of determining guilt and such grada-
tions of punishment as are consistent with humanity and the personal
rights of individuals, and at the same time shall insure the most ener-
getic and efficient performance of duty and the suppression of crime in
our ships of war.
The stone dock in the navy-yard at New York, which was ten years in
process of construction, has been so far finished as to be surrendered up
to the authorities of the yard. The dry dock at Philadelphia is reported
as completed, and is expected soon to be tested and delivered over to the
agents of the Government. That at Portsmouth, N. H., is also nearly
ready for delivery; and a contract has been concluded, agreeably to the
act of Congress at its last session, for a floating sectional dock on the Bay
of San Francisco. I invite your attention to the recommendation of the
Department touching the establishment of a navy-yard in conjunction
with this dock on the Pacific. Such a station is highly necessary to the
convenience and effectiveness of our fleet in that ocean, which must be
expected to increase with the growth of commerce and the rapid exten-
sion of our whale fisheries over its waters.
The Naval Academy at Annapolis, under a revised and improved sys-
tem of regulations, now affords opportunities of education and instruction
to the pupils quite equal, it is believed, for professional improvement, to
those enjoyed by the cadets in the Military Academy. A large class of
2670
Messages and Papers of the Presidents
acting midshipmen was received at the commencement of the last aca-
demic term, and a practice ship has been attached to the institution to
afford the amplest means for regular instruction in seamanship, as well
as for cruises during the vacations of three or four months in each year.
The advantages of science in nautical affairs have rarely been more
strikingly illustrated than in the fact, stated in the report of the Navy
Department, that by means of the wind and current charts projected and
prepared by Lieutenant Maury, the Superintendent of the Naval Observ-
atory, the passage from the Atlantic to the Pacific ports of our country
has been shortened by about forty days.
The estimates for the support of the Navy and Marine Corps the ensu-
ing fiscal year will be found to be $5,856,472.19, the estimates for the
current year being $5,900, 621.
The estimates for special objects under the control of this Department
amount to $2,684,220.89, against $2,210,980 for the present year, the
increase being occasioned by the additional mail service on the Pacific
Coast and the construction of the dock in California, authorized at the
last session of Congress, and some slight additions under the head of
improvements and repairs in navy-yards, buildings, and machinery.
I deem it of much importance to a just economy and a correct under-
standing of naval expenditures that there should be an entire separation
of the appropriations for the support of the naval service proper from
those for permanent improvements at navy-yards and stations and from
ocean steam mail service and other special objects assigned to the super-
vision of this Department.
The report of the Postmaster-General, herewith communicated, pre-
sents an interesting view of the progress, operations, and condition of his
Department.
At the close of the last fiscal year the length of mail routes within the
United States was 196,290 miles, the annual transportation thereon 53,-
272,252 miles, and the annual cost of such transportation $3,421,754.
The length of the foreign mail routes is estimated at 18,349 miles and
the annual transportation thereon at 615,206 miles. The annual cost of
this service is $1,472, 187, of which $448,937 are paid by the Post-Office
Department and $1,023,250 are paid through the Navy Department.
The annual transportation within the United States, excluding the
service in California and Oregon, which is now for the first time reported
and embraced in the tabular statements of the Department, exceeds that
of the preceding year 6,162,855 miles, at an increased cost of $547,110.
The whole number of post-offices in the United States on the 30th day
of June last was 19,796. There were 1,698 post-offices established and
256 discontinued during the year.
The gross revenues of the Department for the fiscal year, including
the appropriations for the franked matter of Congress, of the Depart-
ments, and officers of Government, and excluding the foreign postages
Millard Fillmore
2671
collected for and payable to the British post-office, amounted to $6,727,-
866.78.
The expenditures for the same period, excluding $20,599.49, paid
under an award of the Auditor, in pursuance of a resolution of the last
Congress, for mail service on the Ohio and Mississippi rivers in 1832 and
1833, and the amount paid to the British post-office for foreign post-
ages collected for and payable to that office, amounted to $6,024,566.79,
leaving a balance of revenue over the proper expenditures of the year of
$703,299.99.
The receipts for postages during the year, excluding the foreign post-
ages collected for and payable to the British post-office, amounted to
$6,345,747.21, being an increase of $997,610.79, or 18.65 per cent, over
the like receipts for the preceding year.
The reduction of postage under the act of March last did not take
effect until the commencement of the present fiscal year. The accounts
for the first quarter under the operation of the reduced rates will not be
settled before January next, and no reliable estimate of the receipts for
the present year can yet be made. It is believed, however, that they
will fall far short of those of the last year. The surplus of the revenues
now on hand is, however, so large that no further appropriation from the
Treasury in aid of the revenues of the Department is required for the
current fiscal year, but an additional appropriation for the year ending
June 30, 1853, will probably be found necessary when the receipts of the
first two quarters of the fiscal year are fully ascertained.
In his last annual report the Postmaster-General recommended a reduc-
tion of postage to rates which he deemed as low as could be prudently
adopted unless Congress was prepared to appropriate from the Treasury
for the support of the Department a sum more than equivalent to the
mail services performed by it for the Government. The recommenda-
tions of the Postmaster-General in respect to letter postage, except on
letters from and to California and Oregon, were substantially adopted by
the last Congress. He now recommends adherence to the present letter
rates and advises against a further reduction until justified by the reve-
nue of the Department.
He also recommends that the rates of postage on printed matter be so
revised as to render them more simple and more uniform in their opera-
tion upon all classes of printed matter. I submit the recommendations
of the report to your favorable consideration.
The public statutes of the United States have now been accumulating
for more than sixty years, and, interspersed with private acts, are scat-
tered through numerous volumes, and, from the cost of the whole, have
become almost inaccessible to the great mass of the community. They
also exhibit much of the incongruity and imperfection of hasty legisla-
tion. As it seems to be generally conceded that there is no "common
law" of the United States to supply the defects of their legislation, it
•
2672
Messages and Papers of the Presidents
·
is most important that that legislation should be as perfect as possible,
defining every power intended to be conferred, every crime intended to
be made punishable, and prescribing the punishment to be inflicted. In
addition to some particular cases spoken of more at length, the whole
criminal code is now lamentably defective. Some offenses are imperfectly
described and others are entirely omitted, so that flagrant crimes may be
committed with impunity. The scale of punishment is not in all cases
graduated according to the degree and nature of the offense, and is often
rendered more unequal by the different modes of imprisonment or peni-
tentiary confinement in the different States.
Many laws of a permanent character have been introduced into appro-
priation bills, and it is often difficult to determine whether the particular
clause expires with the temporary act of which it is a part or continues
in force. It has also frequently happened that enactments and provisions
of law have been introduced into bills with the title or general subject of
which they have little or no connection or relation. In this mode of
legislation so many enactments have been heaped upon each other, and
often with but little consideration, that in many instances it is difficult
to search out and determine what is the law.
The Government of the United States is emphatically a government
of written laws. The statutes should therefore, as far as practicable,
not only be made accessible to all, but be expressed in language so plain
and simple as to be understood by all and arranged in such method as
to give perspicuity to every subject. Many of the States have revised
their public acts with great and manifest benefit, and I recommend that
provision be made by law for the appointment of a commission to revise
the public statutes of the United States, arranging them in order, supply-
ing deficiencies, correcting incongruities, simplifying their language, and
reporting them to Congress for its action.
An act of Congress approved 30th September, 1850, contained a provi-
sion for the extension of the Capitol according to such plan as might be
approved by the President, and appropriated $100,000 to be expended
under his direction by such architect as he should appoint to execute the
same. On examining the various plans which had been submitted by
different architects in pursuance of an advertisement by a committee of
the Senate no one was found to be entirely satisfactory, and it was there-
fore deemed advisable to combine and adopt the advantages of several.
The great object to be accomplished was to make such an addition as
would afford ample and convenient halls for the deliberations of the two
Houses of Congress, with sufficient accommodations for spectators and
suitable apartments for the committees and officers of the two branches
of the Legislature. It was also desirable not to mar the harmony and
beauty of the present structure, which, as a specimen of architecture, is
so universally admired. Keeping these objects in view, I concluded to
make the addition by wings, detached from the present building, yet
Millard Fillmore
2673
connected with it by corridors. This mode of enlargement will leave the
present Capitol uninjured and afford great advantages for ventilation
and the admission of light, and will enable the work to progress without
interrupting the deliberations of Congress. To carry this plan into effect
I have appointed an experienced and competent architect. The corner
stone was laid on the 4th day of July last with suitable ceremonies, since
which time the work has advanced with commendable rapidity, and the
foundations of both wings are now nearly complete.
I again commend to your favorable regard the interests of the District
of Columbia, and deem it only necessary to remind you that although its
inhabitants have no voice in the choice of Representatives in Congress,
they are not the less entitled to a just and liberal consideration in your
legislation. My opinions on this subject were more fully expressed in
my last annual communication.
Other subjects were brought to the attention of Congress in my last
annual message, to which I would respectfully refer. But there was
one of more than ordinary interest, to which I again invite your special
attention. I allude to the recommendation for the appointment of a
commission to settle private claims against the United States. Justice
to individuals, as well as to the Government, imperatively demands that
some more convenient and expeditious mode than an appeal to Congress
should be adopted.
It is deeply to be regretted that in several instances officers of the
Government, in attempting to execute the law for the return of fugi-
tives from labor, have been openly resisted and their efforts frustrated
and defeated by lawless and violent mobs; that in one case such resist-
ance resulted in the death of an estimable citizen, and in others seri-
ous injury ensued to those officers and to individuals who were using
their endeavors to sustain the laws. Prosecutions have been instituted
against the alleged offenders so far as they could be identified, and are
still pending. I have regarded it as my duty in these cases to give all
aid legally in my power to the enforcement of the laws, and I shall con-
tinue to do so wherever and whenever their execution may be resisted.
The act of Congress for the return of fugitives from labor is one
required and demanded by the express words of the Constitution.
The Constitution declares that—
No person held to service or labor in one State, under the laws thereof, escaping
into another, shall, in consequence of any law or regulation therein, be discharged
from such service or labor, but shall be delivered up on claim of the party to whom
such service or labor may be due.
This constitutional provision is equally obligatory upon the legisla-
tive, the executive, and judicial departments of the Government, and
upon every citizen of the United States.
Congress, however, must from necessity first act upon the subject by
prescribing the proceedings necessary to ascertain that the person is a
2674
Messages and Papers of the Presidents
fugitive and the means to be used for his restoration to the claimant.
This was done by an act passed during the first term of President Wash-
ington, which was amended by that enacted by the last Congress, and it
now remains for the executive and judicial departments to take care that
these laws be faithfully executed. This injunction of the Constitution
is as peremptory and as binding as any other; it stands exactly on the
same foundation as that clause which provides for the return of fugitives
from justice, or that which declares that no bill of attainder or ex post
facto law shall be passed, or that which provides for an equality of taxa-
tion according to the census, or the clause declaring that all duties shall
be uniform throughout the United States, or the important provision
that the trial of all crimes shall be by jury. These several articles and
clauses of the Constitution, all resting on the same authority, must stand
or fall together. Some objections have been urged against the details of
the act for the return of fugitives from labor, but it is worthy of remark
that the main opposition is aimed against the Constitution itself, and pro-
ceeds from persons and classes of persons many of whom declare their
wish to see that Constitution overturned. They avow their hostility to
any law which shall give full and practical effect to this requirement of
the Constitution. Fortunately, the number of these persons is compara-
tively small, and is believed to be daily diminishing; but the issue which
they present is one which involves the supremacy and even the existence
of the Constitution.
Cases have heretofore arisen in which individuals have denied the bind-
ing authority of acts of Congress, and even States have proposed to nul-
lify 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 par-
ticular 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 cher-
ished inheritance from our Revolutionary fathers.
In my last annual message I stated that I considered the series of meas-
ures 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 sub-
jects which they embraced, and I recommended adherence to the adjust-
ment 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
Millard Fillmore
2675
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 inter-
ests 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 acquies-
cence 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 re-
gard to them in all parts of the country has removed doubts and uncer-
tainties 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 suc-
ceeding 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 ratifi-
cation, 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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, December 15, 1851.
*
I transmit to the Senate a report of the Secretary of State, in answer
to their resolution of the 8th of March last.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, December 15, 1851.
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 Execu-
tive may have received respecting the firing into and seizure of the American steam-
ship 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.
* 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.
2676
Messages and Papers of the Presidents
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 Lon-
don. 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, com-
manding 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.
To the Senate of the United States:
WASHINGTON, December 16, 1851.
In answer to the resolution of the Senate of the 9th instant, request-
ing information in regard to the imprisonment of John S. Thrasher at
Havana, I transmit a report from the Secretary of State and the docu-
ments which accompanied it.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, December 16, 1851.
In answer to the resolution of the Senate of the 8th instant, request-
ing the communication of a dispatch* addressed to the Department of
State by Mr. Niles, late chargé d'affaires of the United States at Turin,
I transmit a report from the Secretary of State, which is accompanied by
a copy of the dispatch.
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, December 23, 1851.
I transmit to the House of Representatives a report from the Secretary
of State, in answer to the first part† of a resolution of the 15th Decem-
* On the subject of a ship canal between the Atlantic and Pacific oceans.
† Relating to the conclusion of a treaty between Spain, France, and Great Britain in respect to
the island of Cuba.
Millard Fillmore
2677
ber, 1851, and also a report from the Secretary of the Navy, in answer to
the remaining part* of the same resolution.
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, December 23, 1851.
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 install-
ment due to Mexico pursuant to the treaty of Guadalupe Hidalgo, repre-
senting the necessity of an immediate appropriation by Congress of the
money necessary for that purpose.
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, January 2, 1852.
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 Cana-
dian Parliament.
MILLARD FILLMORE.
[The same message, dated January 6, 1852, was sent to the Senate.]
* 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.
2678
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, January 3, 1852.
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.
To the House of Representatives:
MILLARD FILLMORE.
WASHINGTON, January 5, 1852.
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 cor-
dially commend to the consideration of Congress, with the single addi-
tional suggestion that to be available it should be promptly made.
MILLARD FILLMORE.
[The same message was sent to the Senate.]
To the House of Representatives:
WASHINGTON, January 9, 1852.
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.
To the House of Representatives:
WASHINGTON, January 12, 1852.
In answer to the resolution of the House of Representatives of the
5th instant, I herewith transmit to it a report and accompanying papers*
from the Secretary of State.
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, January 16, 1852.
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
* 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.
Millard Fillmore
2679
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, accompa-
nied 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 Depart-
ment 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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, January 22, 1852.
In compliance with a resolution of the Senate passed March 13, 1851, .
I herewith transmit a report of the Secretary of War, containing informa-
tion 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 con-
quest of that country.
To the House of Representatives:
MILLARD FILLMORE.
WASHINGTON, January 23, 1852.
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.
To the House of Representatives:
WASHINGTON, January 28, 1852.
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,*
I transmit a report from the Secretary of State and the documents which
accompanied it.
MILLARD FILLMORE.
By the Spanish or Cuban authorities.
2680
Messages and Papers of the Presidents
To the House of Representatives:
WASHINGTON, January 28, 1852.
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 doc-
uments which accompanied the same.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, February 9, 1852.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of friendship, commerce, and navigation between the United
States and the Republic of Peru, concluded and signed at Lima on the
26th day of July last.
A copy of a dispatch of Mr. J. R. Clay, the chargé d'affaires of the
United States at Lima, to the Secretary of State, bearing date the 6th
December last, is also transmitted for the information of the Senate.
MILLARD FILLMORE.
WASHINGTON, February 10, 1852.
To the Senate and House of Representatives:
I transmit to Congress a copy of the instruction dispatched from the
Department of State to the minister of the United States at London
respecting the attack on the United States steamer Prometheus in the
harbor of San Juan de Nicaragua by the British brig of war Express,
and also a copy of the dispatches of Mr. Lawrence to that Department
and of his correspondence with Her Britannic Majesty's principal secre-
tary 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, con-
taining a report from Thomas U. Walter, architect for the extension of
the Capitol.
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, February 12, 1852.
In answer to the resolution of the House of Representatives of the
26th of December last, requesting information in regard to the seizure
Millard Fillmore
2681
of the brig Arve 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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, February 12, 1852.
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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, February 13, 1852.
I transmit herewith, for the constitutional action of the Senate, trea-
ties 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.
To the House of Representatives:
WASHINGTON, February 14, 1852.
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.
*
By Haytien authorities.
2682
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, February 16, 1852.
I herewith communicate to the Senate, for its consideration with a view
to ratification, a treaty of commerce and navigation concluded by the
minister resident of the United States at Constantinople with the chargé
d'affaires of the Shah of Persia at the same place. The treaty is in the
Persian and French languages, but is accompanied by an English trans-
lation. 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.
To the House of Representatives:
WASHINGTON, February 18, 1852.
In answer to the resolution of the House of Representatives request-
ing the official correspondence respecting an alleged misunderstanding
between Captain Long, of the Navy of the United States, and Louis Kos-
suth, 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 revi
sion 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 dis-
Millard Fillmore
2683
bursements 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 rep-
resented to be necessary to carry the objects of that appropriation into
full effect. I accordingly recommend that provision therefor may be
made.
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, March 25, 1852.
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 ad-
dressed 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
2684
Messages and Papers of the Presidents
of the claimants, and upon the case being made known to me by the Sec-
retary 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 docu-
ments 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.
To the House of Representatives:
WASHINGTON, March 26, 1852.
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 gov-
ernment of said Territory.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, March 29, 1852.
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 here-
with 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 stills remains. I suppose, according to
Millard Fillmore
2685
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 nomina-
tion 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.
To the House of Representatives:
MILLARD FILLMORE.
WASHINGTON CITY, April 6, 1852.
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 navi-
gation of the Ohio River at the Falls of Louisville, together with the
original maps accompanying the same.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, April 8, 1852.
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.*
MILLARD FILLMORE.
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 enti-
tled "An act to establish a Territorial government of Oregon," and the
latter entitled "An act to make further appropriations for public build-
ings 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 Febru-
ary 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
Relating to the relations between the United States and Japan,
2686
Messages and Papers of the Presidents
April, in regard to the act of the legislative assembly of the 1st Febru-
ary, 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 tem-
porarily 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 deci-
sion of Congress shall reach there.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, May 1, 1852.
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 con-
suls. A copy of a note from the special plenipotentiary of Hamburg,
Bremen, and Lubeck accompanies the convention.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, May 5, 1852.
On the 3d of March, 1849, a general convention of peace, amity, com-
merce, and navigation between the United States and the Republic of
Guatemala, by Elijah Hise, the chargé d'affaires of the United States to
that Republic, on the part of this Government, and by Señor Don Jose
Mariano Rodriguez, minister for foreign affairs, on the part of the Gov-
ernment 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
Millard Fillmore
2687
time prior to the 1st of April, 1851. I accordingly ratified the conven-
tion 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. Boz-
man Kerr proceeded to Nicaragua as the chargé d'affaires of the United
States, he was empowered and instructed, when he should have concluded
the business, which it was presumed would not have detained him long,
in Nicaragua, to repair to Guatemala and effect the exchange on the part
of this Government. Circumstances, however, have hitherto prevented
him from accomplishing this object. Meanwhile Señor Don Felipe Mo-
lina has been received as chargé d'affaires of Guatemala here, and has
been empowered to effect the exchange on the part of that Government.
I accordingly recommend that the Senate authorize a further exten-
sion of the period for exchanging the ratifications, in order that the
convention may go into operation. It is presumed that if this recom-
mendation should be adopted a few weeks from the date of the decision
of the Senate upon the subject would be necessary to complete the prepa-
rations for carrying it into effect.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, May 29, 1852.
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 Treas-
ury, of the Secretary of the Interior, of the Secretary of War, of the Sec-
retary 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.
To the Senate of the United States:
WASHINGTON, June 1, 1852.
I communicate to the Senate herewith, for its constitutional action
thereon, eighteen treaties negotiated with Indian tribes in California, as
2688
Messages and Papers of the Presidents
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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, June 11, 1852.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, 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 sub-
ject of the disorders on the Rio Grande frontier, and recommend the
legislation which it suggests, in order that the duties and obligations of
this Government occasioned thereby may be more effectually discharged
and the peace and security of the inhabitants of the United States in that
quarter more efficiently maintained.
MILLARD FILLMORE.
WASHINGTON, June 14, 1852.
To the Senate and House of Representatives:
I transmit herewith, for your consideration, a report from the Secretary
of State, accompanied by a communication from His Excellency Señor
Don A. Calderon de la Barca, envoy extraordinary and minister plenipo-
tentiary 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 execu-
tion 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 con-
Millard Fillmore
2689
troverts 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 coun-
try, 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 com-
mitted, 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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, June 22, 1852.
I transmit herewith a report from the Secretary of State, with the
accompanying documents,* in compliance wit!. the Senate's resolution
of the 29th of April last.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, June 22, 1852.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, 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.
Correspondence of the American chargé at Vienna on the subject of the apprehension and
imprisonment by the Austrian authorities of Rev. Charles L. Brace, an American citizen.
2690
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, June 23, 1852.
I transmit herewith a report from the Secretary of State, with the
accompanying documents,* in compliance with the Senate's resolution
of the 3d instant.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, June 26, 1852.
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.
To the Senate of the United States:
WASHINGTON, June 26, 1852.
I have received and taken into respectful consideration the resolution
of the Senate of yesterday, adopted in executive session, requesting infor-
mation in regard to supposed negotiations between the United States and
Great Britain and between the United States and the Republics of Nica-
ragua 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.
Correspondence relative to the withdrawal of Mr. Hülsemaun, chargé d'affaires from Austria to
the United States.
Millard Fillmore
2691
To the Senate of the United States:
WASHINGTON, June 26, 1852.
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 com-
plied with.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON CITY, July 1, 1852.
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 con-
vention 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 c. regulating the relations hereafter to be maintained between said
Republics themselves, or either of them, and the said Indians concerning their terri-
torial 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 respec-
tive 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 Sen-
ate of yesterday, adopted in executive session, requesting information in regard to
2692
Messages and Papers of the Presidents
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 com-
port 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 confi-
dence, 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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON CITY, July 2, 1852.
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 pro-
vide 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
G
Roclamation
Proclamation?:
by the
Presidents of the United Fates.

Wirreas information has
been received, that sundry lawle (s.
persons, principaily persons of color,
combined and confederated together,
for the purpose of opposing by forces,
the uppection of the Laies of the
Anited States, dide, at Boston, in
Alon Bachusetts, on
on the 1859, of the 's
Month, make a violent
vistent assault on
the Marshal or Ceputy Marshals of
the Anited States, for die Gestreet
¿é „Massachusetts, in the lourd Mousis,
and did overcome the said Officers,
and did, by forec, rescue from their
custody, u Herdon, arrested, as a fugitive.
Have, and, then and there, a prisoner
lawfully holden by the scred: Marshal,
Yputy Marshais
63
گیرید
the United
Wales, and other scandalens outrages.
tid. commit, in violation of lave
Now Therefore, to the end that the
FILLMORE'S PROCLAMATION AGAINST RESISTANCE TO FEDERAL
MARSHALS IN BOSTON.
have
found to the harborder emncealed sich fugitive contian
A
to léo, to be immediately arrested and preowded
with acending to law .
Gleven under my hand ands
the but of the ibonated Gates, this
118 G day of February, 1551
Millard Fleming
ter

my if Male-
..
LAST PAGE AND SIGNATURE OF FILLMORE'S FUGITIVE SLAVE
PROCLAMATION.
Millard Fillmore
2693
made for such foreigners or aliens as were engaged in the Cuban expedi-
tion, 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 per-
ceived 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.
To the House of Representatives:
MILLARD FILLMORE.
WASHINGTON, July 13, 1852.
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.
To the Senate of the United States:
MILLARD FILLMORE.
EXECUTIVE MANSION,
Washington City, July 26, 1852.
In obedience to your resolution adopted in executive session June 11,
1852, I have the honor herewith to communicate a report* from the
Secretary of the Interior, containing the information called for by that
resolution.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, July 27, 1852.
In answer to the resolution of the Senate of the 19th instant, request-
ing 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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, July 29, 1852.
In compliance with the resolution of the Senate of the 27th instant, I
transmit the copy of the notes† of Mr. Luis de la Rosa and Mr. J. M.
Gonzales de la Vega, which it requests.
MILLARD FILLMORE.
* Relating to the boundary line between the United States and Mexico.
† Upon the subject of the American and Mexican boundary commission.
87
2694
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, July 31, 1852.
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.
To the Senate of the United States:
WASHINGTON, August 2, 1852.
In answer to the resolution of the Senate of the 23d ultimo, request-
ing information in regard to the fisheries on the coasts of the British pos-
sessions 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 pro-
tecting 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 docu-
ments by which it was accompanied, in answer to a resolution of the
House of Representatives of the 22d ultimo, on the subject of the fisher-
ies, 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.
To the Senate of the United States:
WASHINGTON, August 10, 1852.
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.
Millard Fillmore
2695
The Senate by its resolution of the 27th of September, 1850, authorized
the exchange to take place at any time prior to the 1st of April, 1851.
Mr. Kerr, the chargé d'affaires of the United States to Nicaragua,
however, who was authorized to make the exchange on the part of this
Government, was unavoidably detained in that Republic, in consequence
of which the exchange could not be effected within the period referred to.
The expediency of sanctioning the exchange which has been made by
Mr. Kerr, and of authorizing the convention to go into effect, is accord-
ingly submitted to the consideration of the Senate.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 12, 1852.
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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 13, 1852.
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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 14, 1852.
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 communica-
tion 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.
2696
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, August 21, 1852.
In answer to the resolution of the Senate of the 9th instant, request-
ing 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.
To the Senate of the United States:
WASHINGTON, August 27, 1852.
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 trans-
mit a report from the Secretary of State and the documents by which it
was accompanied.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, August 27, 1852.
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 reso-
lution of the Senate of the 9th instant.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 27, 1852.
As it is not deemed advisable that the instruction to Mr. R. M. Walsh,
a copy of which is herewith transmitted, should be published at this time,
I communicate it confidentially to the Senate in executive session.
7
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, August 27, 1852.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, 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.
* Special agent of the United States in the island of St. Domingo,
Millard Fillmore
2697
To the Senate of the United States:
WASHINGTON, August 27, 1852.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, 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.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, August 31, 1852.
In answer to the resolution of the Senate of the 21st instant, request-
ing 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 exe-
cution of this duty; and I will thank you to issue the necessary instruc-
tions 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:* The tolling bells announce the death of the Hon. Henry Clay.
Though this event has been long anticipated, yet the painful bereave-
ment 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.
* Addressed to the heads of the several Executive Departments.
2698
Messages and Papers of the Presidents
General Jos. G. TOTTEN.
WASHINGTON, September 13, 1852.
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 sup-
ply 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 ÓF 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, it
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 Ameri-
can heart and will be heard far beyond our borders with mournful re-
spect 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 admi-
ration 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 judg-
ment 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 Exec-
utive 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.
Millard Fillmore
2699
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 ex-
citement. 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 abun-
dant 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 sym-
pathized with his family and the public generally on this mournful oc-
casion. 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 en-
croachments 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 in-
creased 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,
2700
Messages and Papers of the Presidents
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 oppo-
sition 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 move-
ment 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 will-
ingness 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 con-
ventions. 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 mes-
sage. 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
Millard Fillmore
2701
no power to treat with foreign governments, nor is he in any degree
under the control of the Spanish minister at Washington. Any commu-
nication 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 incon-
veniences (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 repre-
sentations 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 com-
mon 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
2702
Messages and Papers of the Presidents
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 pro-
tection of a transit way across the Isthmus of Tehuantepec and of the
interests of those citizens of the United States who had become proprie-
tors of the rights which Mexico had conferred on one of her own citi-
zens 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 sub-
ject, 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 indispen-
sable 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 Nica-
ragua, 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 com-
promise which ought always to prevail on such occasions, and that they
will lead to a satisfactory result.
I have the satisfaction to inform you that the executive government of
Venezuela has acknowledged some claims of citizens of the United States
which have for many years past been urged by our chargé d'affaires at
Caracas. It is hoped that the same sense of justice will actuate the Con-
gress 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 quar-
ter, the Governments of Great Britain and France determined to nego-
tiate 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
THE FIRST JAPANESE TREATY
Japan's ports were closed to foreigners. Mariners wrecked on her shores
got short shrift. The natives refused to enter into commercial relations
with any save their fellows. In 1832, 1845, and 1849, vessels were sent to
establish commercial relations with Japan, but without avail. Finally Com-
modore M. C. Perry, bearing instructions prepared by Webster, set sail in
November, 1852, with a respectable naval force, prepared to secure a treaty
by persuasion, if possible, and by force if necessary. He succeeded; two
Japanese ports were opened to our trade.
The upper left-hand panel shows Perry, attended by his marines and
sailors, forcing an audience upon the authorities. The upper right-hand
panel contains the portraits (from daguerreotypes) of the Japanese Commis-
sioners. The main picture shows their reception in the White House, the
treaty being carried in the box held by one of the envoys' suite.
See the articles entitled "Japan" and "Japan, Treaties with," in the
Encyclopedic Index, for a full statement of the history of that nation and of
our relations with her.
Millard Fillmore
2703
chargé d'affaires at Buenos Ayres have been fully authorized to conclude
treaties with the newly organized confederation or the States composing
it. The delays which have taken place in the formation of the new gov-
ernment 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 com-
mercial enterprise of our citizens a country of great extent and unsur-
passed in natural resources, but from which foreign nations have hitherto
been almost wholly excluded.
The correspondence of the late Secretary of State with the Peruvian
chargé d'affaires relative to the Lobos Islands was communicated to Con-
gress 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 ac-
knowledgment of her sovereignty.
I have the satisfaction to inform you that the course pursued by Peru
has been creditable to the liberality of her Government. Before it was
known by her that her title would be acknowledged at Washington, her
minister of foreign affairs had authorized our chargé d'affaires at Lima
to announce to the American vessels which had gone to the Lobos for
guano that the Peruvian Government was willing to freight them on its
own account. This intention has been carried into effect by the Peru-
vian minister here by an arrangement which is believed to be advanta-
geous 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 protec-
tion. Besides these specific objects, the general prosperity of our States
on the Pacific requires that an attempt should be made to open the oppo-
It is obvious
site regions of Asia to a mutually beneficial intercourse.
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
2704
Messages and Papers of the Presidents
appropriate naval force to Japan, under the command of a discreet and
intelligent officer of the highest rank known to our service. He is in-
structed 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 remon-
strate 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 expedi-
tion. 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 Govern-
ment 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 atten-
tion 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 conse-
quence 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 Con-
gressional documents, the keeping, publishing, and distribution of the
laws of the United States, the execution of the copyright law, the sub-
ject 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 con-
struction, 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 expend-
Millard Fillmore
2705
itures 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 Treas-
ury 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, mak:-
ing the aggregate of the entire exports $167,065,937. Exclusive of the
above, there was exported $42,507,285 in specie, and imported from for-
eign 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 cur-
rency. 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 compe-
tition 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 conse-
quently 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 sur-
plus 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 advan-
tage 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 author-
izes for revenue in such a manner as to protect and encourage the labor
2706
Messages and Papers of the Presidents
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 independ-
ent of foreign nations for the supplies required by the habits or necessi-
ties 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, grad-
uated 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 pre-
venting 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 mer-
chants 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 irre-
sponsible agents, to the great detriment of our own citizens. I therefore
again most earnestly recommend the adoption of specific duties wher-
ever 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 im-
ported 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.
Millard Fillmore
2707
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 Govern-
ment 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 rela-
tions with them.
If it be the desire of Congress to remove them from the country alto-
gether, 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 terri-
tory 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 writ-
ing 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.
2708
Messages and Papers of the Presidents
The report from the General Land Office shows increased activity in its
operations. The survey of the northern boundary of Iowa has been com-
pleted 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.
In the last fiscal year there were sold.
Located with bounty-land warrants.
Located with other certificates.
Making a total of
In addition there were-
Reported under swamp-land grants...
For internal improvements, railroads, etc
Making an aggregate of
...
Acres.
I, 553, 071
3, 201, 314
115, 682
4,870, 067
5, 219, 188
3,025, 920
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 ex-
ceeds 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.
For the quarter ending 30th September, 1852, there were sold.
Located with bounty-land warrants
Located with other certificates..
Reported under swamp-land grants..
Making an aggregate for the quarter of..
Acres.
243, 255
1,387, 116
15, 649
2,485, 233
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 relat-
ing to that subject, and the recent elections have been made in accord-
ance 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 fit-
ting 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.
Millard Fillmore
2709
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 sur-
veyor 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 Depart-
ment of the Interior, which reviewed all the facts of the case and
submitted for my decision the question whether under existing cir-
cumstances any part of the appropriation could be lawfully used or
expended for the further prosecution of the work. After a careful con-
sideration 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 discon-
tinue 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 recom-
mend 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
2710
Messages and Papers of the Presidents
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 fulfill-
ment 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 prog-
ress 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 pav-
ing 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 em-
ployed 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 par-
tial 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 ter-
ritory 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 com-
pel them to resort to plunder for subsistence. It also deprives this
Millard Fillmore
2711
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 considera-
tions 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 owner-
ship and eventual jurisdiction. If she should fail to do this, the fulfill-
ment 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 pro-
vision 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 here-
tofore 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 appropria-
tions 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 ses-
sion making provision for the improvement of certain rivers and harbors,
and it is believed that the arrangements made for that purpose will com-
bine 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 appropria-
tions. 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 pros-
perous 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
2712
Messages and Papers of the Presidents
in the operations of the Department during the past year.
The prepa-
rations 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 reconnoissance 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 use-
ful results.
Two officers of the Navy were heretofore instructed to explore the
whole extent of the Amazon River from the confines of Peru to its
mouth. The return of one of them has placed in the possession of the
Government an interesting and valuable account of the character and
resources of a country abounding in the materials of commerce, and
which if opened to the industry of the world will prove an inexhausti-
ble fund of wealth. The report of this exploration will be communicated
to you as soon as it is completed.
Among other subjects offered to your notice by the Secretary of the
Navy, I select for special commendation, in view of its connection with
the interests of the Navy, the plan submitted by him for the establish-
ment of a permanent corps of seamen and the suggestions he has pre-
sented for the reorganization of the Naval Academy.
In reference to the first of these, I take occasion to say that I think it
will greatly improve the efficiency of the service, and that I regard it as
still more entitled to favor for the salutary influence it must exert upon
the naval discipline, now greatly disturbed by the increasing spirit of
insubordination resulting from our present system. The plan proposed
for the organization of the seamen furnishes a judicious substitute for the
law of September, 1850, abolishing corporal punishment, and satisfacto-
rily sustains the policy of that act under conditions well adapted to main-
tain the authority of command and the order and security of our ships.
It is believed that any change which proposes permanently to dispense
with this mode of punishment should be preceded by a system of enlist-
ment which shall supply the Navy with seamen of the most meritorious
class, whose good deportment and pride of character may preclude all
occasion for a resort to penalties of a harsh or degrading nature. The
safety of a ship and her crew is often dependent upon immediate obedi-
ence to a command, and the authority to enforce it must be equally
ready. The arrest of a refractory seaman in such moments not only
deprives the ship of indispensable aid, but imposes a necessity for double
service on others, whose fidelity to their duties may be relied upon in such
an emergency. The exposure to this increased and arduous labor since
the passage of the act of 1850 has already had, to a most observable and
Millard Fillmore
2713
injurious extent, the effect of preventing the enlistment of the best sea-
men in the Navy. The plan now suggested is designed to promote a
condition of service in which this objection will no longer exist. The
details of this plan may be established in great part, if not altogether, by
the Executive under the authority of existing laws, but I have thought
it proper, in accordance with the suggestion of the Secretary of the Navy,
to submit it to your approval.
The establishment of a corps of apprentices for the Navy, or boys to
be enlisted until they become of age, and to be employed under such
regulations as the Navy Department may devise, as proposed in the
report, I cordially approve and commend to your consideration; and I
also concur in the suggestion that this system for the early training of
seamen may be most usefully ingrafted upon the service of our merchant
marine.
The other proposition of the report to which I have referred-the
reorganization of the Naval Academy-I recommend to your attention
as a project worthy of your encouragement and support. The valuable
services already rendered by this institution entitle it to the continuance
of your fostering care.
Your attention is respectfully called to the report of the Postmaster-
General for the detailed operation of his Department during the last
fiscal year, from which it will be seen that the receipts from postages for
that time were less by $1,431,696 than for the preceding fiscal year,
being a decrease of about 23 per cent.
This diminution is attributable to the reduction in the rates of postage
made by the act of March 3, 1851, which reduction took effect at the
commencement of the last fiscal year.
Although in its operation during the last year the act referred to has
not fulfilled the predictions of its friends by increasing the correspond-
ence of the country in proportion to the reduction of postage, I should,
nevertheless, question the policy of returning to higher rates. Experi-
ence warrants the expectation that as the community becomes accus-
tomed to cheap postage correspondence will increase. It is believed that
from this cause and from the rapid growth of the country in population.
and business the receipts of the Department must ultimately exceed its
expenses, and that the country may safely rely upon the continuance of
the present cheap rate of postage.
In former messages I have, among other things, respectfully recom-
mended to the consideration of Congress the propriety and necessity of
further legislation for the protection and punishment of foreign consuls
residing in the United States; to revive, with certain modifications, the
act of 10th March, 1838, to restrain unlawful military expeditions against
the inhabitants of conterminous states or territories; for the preserva-
tion and protection from mutilation or theft of the papers, records, and
archives of the nation; for authorizing the surplus revenue to be applied
2714
Messages and Papers of the Presidents
to the payment of the public debt in advance of the time when it will
become due; for the establishment of land offices for the sale of the pub-
lic lands in California and the Territory of Oregon; for the construction
of a road from the Mississippi Valley to the Pacific Ocean; for the estab-
lishment of a bureau of agriculture for the promotion of that interest,
perhaps the most important in the country; for the prevention of frauds
upon the Government in applications for pensions and bounty lands; for
the establishment of a uniform fee bill, prescribing a specific compensa-
tion for every service required of clerks, district attorneys, and marshals;
for authorizing an additional regiment of mounted men for the defense
of our frontiers against the Indians and for fulfilling our treaty stipula-
tions with Mexico to defend her citizens against the Indians "with equal
diligence and energy as our own;" for determining the relative rank
between the naval and civil officers in our public ships and between the
officers of the Army and Navy in the various grades of each; for reor-
ganizing the naval establishment by fixing the number of officers in each
grade, and providing for a retired list upon reduced pay of those unfit for
active duty; for prescribing and regulating punishments in the Navy;
for the appointment of a commission to revise the public statutes of the
United States by arranging them in order, supplying deficiencies, cor-
recting incongruities, simplifying their language, and reporting them to
Congress for its final action; and for the establishment of a commission
to adjudicate and settle private claims against the United States.
I am
not aware, however, that any of these subjects have been finally acted
upon by Congress. Without repeating the reasons for legislation on
these subjects which have been assigned in former messages, I respect-
fully recommend them again to your favorable consideration.
I think it due to the several Executive Departments of this Govern-
ment to bear testimony to the efficiency and integrity with which they
are conducted. With all the careful superintendence which it is possible
for the heads of those Departments to exercise, still the due administra-
tion and guardianship of the public money must very much depend on
the vigilance, intelligence, and fidelity of the subordinate officers and
clerks, and especially on those intrusted with the settlement and adjust-
ment of claims and accounts. I am gratified to believe that they have
generally performed their duties faithfully and well. They are appointed
to guard the approaches to the public Treasury, and they occupy positions
that expose them to all the temptations and seductions which the cupid-
ity of peculators and fraudulent claimants can prompt them to employ.
It will be but a wise precaution to protect the Government against that
source of mischief and corruption, as far as it can be done, by the enact-
ment of all proper legal penalties. The laws in this respect are supposed
to be defective, and I therefore deem it my duty to call your attention to
the subject and to recommend that provision be made by law for the
punishment not only of those who shall accept bribes, but also of those
Millard Fillmore
2715
who shall either promise, give, or offer to give to any of those officers or
clerks a bribe or reward touching or relating to any matter of their offi-
cial action or duty.
It has been the uniform policy of this Government, from its foundation
to the present day, to abstain from all interference in the domestic affairs
of other nations. The consequence has been that while the nations of
Europe have been engaged in desolating wars our country has pursued
its peaceful course to unexampled prosperity and happiness. The wars
in which we have been compelled to engage in defense of the rights and
honor of the country have been, fortunately, of short duration. During
the terrific contest of nation against nation which succeeded the French
Revolution we were enabled by the wisdom and firmness of President
Washington to maintain our neutrality. While other nations were
drawn into this wide-sweeping whirlpool, we sat quiet and unmoved
upon our own shores. While the flower of their numerous armies was
wasted by disease or perished by hundreds of thousands upon the battle-
field, the youth of this favored land were permitted to enjoy the bless-
ings of peace beneath the paternal roof. While the States of Europe
incurred enormous debts, under the burden of which their subjects still
groan, and which must absorb no small part of the product of the honest
industry of those countries for generations to come, the United States.
have once been enabled to exhibit the proud spectacle of a nation free
from public debt, and if permitted to pursue our prosperous way for a
few years longer in peace we may do the same again.
But it is now said by some that this policy must be changed. Europe
is no longer separated from us by a voyage of months, but steam navi-
gation has brought her within a few days' sail of our shores. We see
more of her movements and take a deeper interest in her controversies.
Although no one proposes that we should join the fraternity of potentates
who have for ages lavished the blood and treasure of their subjects in
maintaining "the balance of power," yet it is said that we ought to inter-
fere between contending sovereigns and their subjects for the purpose of
overthrowing the monarchies of Europe and establishing in their place
republican institutions. It is alleged that we have heretofore pursued a
different course from a sense of our weakness, but that now our conscious
strength dictates a change of policy, and that it is consequently our duty
to mingle in these contests and aid those who are struggling for liberty.
This is a most seductive but dangerous appeal to the generous sym-
pathies of freemen. Enjoying, as we do, the blessings of a free Govern-
ment, there is no man who has an American heart that would not rejoice
to see these blessings extended to all other nations. We can not witness
the struggle between the oppressed and his oppressor anywhere without
the deepest sympathy for the former and the most anxious desire for his
triumph. Nevertheless, is it prudent or is it wise to involve ourselves in
these foreign wars? Is it indeed true that we have heretofore refrained
2716
Messages and Papers of the Presidents
from doing so merely from the degrading motive of a conscious weakness?
For the honor of the patriots who have gone before us, I can not admit
it. Men of the Revolution, who drew the sword against the oppressions
of the mother country and pledged to Heaven "their lives, their fortunes,
and their sacred honor" to maintain their freedom, could never have
been actuated by so unworthy a motive. They knew no weakness or fear
where right or duty pointed the way, and it is a libel upon their fair fame
for us, while we enjoy the blessings for which they so nobly fought and
bled, to insinuate it. The truth is that the course which they pursued
was dictated by a stern sense of international justice, by a statesmanlike
prudence and a far-seeing wisdom, looking not merely to the present
necessities but to the permanent safety and interest of the country. They
knew that the world is governed less by sympathy than by reason and
force; that it was not possible for this nation to become a propagan-
dist" of free principles without arraying against it the combined powers
of Europe, and that the result was more likely to be the overthrow of
republican liberty here than its establishment there. History has been
written in vain for those who can doubt this. France had no sooner estab-
lished a republican form of government than she manifested a desire to
force its blessings on all the world. Her own historian informs us that,
hearing of some petty acts of tyranny in a neighboring principality,
"the National Convention declared that she would afford succor and
fraternity to all nations who wished to recover their liberty, and she gave
it in charge to the executive power to give orders to the generals of the
French armies to aid all citizens who might have been or should be
oppressed in the cause of liberty." Here was the false step which led
to her subsequent misfortunes. She soon found herself involved in war
with all the rest of Europe. In less than ten years her Government was
changed from a republic to an empire, and finally, after shedding rivers of
blood, foreign powers restored her exiled dynasty and exhausted Europe
sought peace and repose in the unquestioned ascendency of monarchical
principles. Let us learn wisdom from her example. Let us remember
that revolutions do not always establish freedom. Our own free institu-
tions were not the offspring of our Revolution. They existed before.
They were planted in the free charters of self-government under which
the English colonies grew up, and our Revolution only freed us from the
dominion of a foreign power whose government was at variance with
those institutions. But European nations have had no such training for
self-government, and every effort to establish it by bloody revolutions
has been, and must without that preparation continue to be, a failure.
Liberty unregulated by law degenerates.into anarchy, which soon becomes
the most horrid of all despotisms. Our policy is wisely to govern our-
selves, and thereby to set such an example of national justice, prosperity,
and true glory as shall teach to all nations the blessings of self-govern-
ment and the unparalleled enterprise and success of a free people.
Millard Fillmore
2717
We live in an age of progress, and ours is emphatically a country of
progress. Within the last half century the number of States in this
Union has nearly doubled, the population has almost quadrupled, and
our boundaries have been extended from the Mississippi to the Pacific.
Our territory is checkered over with railroads and furrowed with canals.
The inventive talent of our country is excited to the highest pitch,
and the numerous applications for patents for valuable improvements
distinguish this age and this people from all others. The genius of one
American has enabled our commerce to move against wind and tide and
that of another has annihilated distance in the transmission of intelli-
gence. The whole country is full of enterprise. Our common schools
are diffusing intelligence among the people and our industry is fast accu-
mulating the comforts and luxuries of life. This is in part owing to our
peculiar position, to our fertile soil and comparatively sparse population;
but much of it is also owing to the popular institutions under which we
live, to the freedom which every man feels to engage in any useful pur-
suit according to his taste or inclination, and to the entire confidence that
his person and property will be protected by the laws. But whatever may
be the cause of this unparalleled growth in population, intelligence, and
wealth, one thing is clear-that the Government must keep pace with
the progress of the people. It must participate in their spirit of enter-
prise, and while it exacts obedience to the laws and restrains all unau-
thorized invasions of the rights of neighboring states, it should foster
and protect home industry and lend its powerful strength to the improve-
ment of such means of intercommunication as are necessary to promote
our internal commerce and strengthen the ties which bind us together as
a people.
It is not strange, however much it may be regretted, that such an ex-
uberance of enterprise should cause some individuals to mistake change
for progress and the invasion of the rights of others for national prowess
and glory. The former are constantly agitating for some change in the
organic law, or urging new and untried theories of human rights. The
latter are ever ready to engage in any wild crusade against a neighbor-
ing people, regardless of the justice of the enterprise and without looking
at the fatal consequences to ourselves and to the cause cf popular gov-
ernment. Such expeditions, however, are often stimulated by mercenary
individuals, who expect to share the plunder or profit of the enterprise
without exposing themselves to danger, and are led on by some irrespon-
sible foreigner, who abuses the hospitality of our own Government by
seducing the young and ignorant to join in his scheme of personal ambi-
tion or revenge under the false and delusive pretense of extending the
area of freedom. These reprehensible aggressions but retard the true
progress of our nation and tarnish its fair fame. They should therefore
receive the indignant frowns of every good citizen who sincerely loves
his country and takes a pride in its prosperity and honor.
2718
Messages and Papers of the Presidents
Our Constitution, though not perfect, is doubtless the best that ever
was formed. Therefore let every proposition to change it be well weighed
and, if found beneficial, cautiously adopted. Every patriot will rejoice
to see its authority so exerted as to advance the prosperity and honor of
the nation, whilst he will watch with jealousy any attempt to mutilate
this charter of our liberties or pervert its powers to acts of aggression or
injustice. Thus shall conservatism and progress blend their harmonious
action in preserving the form and spirit of the Constitution and at the
same time carry forward the great improvements of the country with a
rapidity and energy which freemen only can display.
In closing this my last annual communication, permit me, fellow-citi-
zens, to congratulate you on the prosperous condition of our beloved coun-
try. Abroad its relations with all foreign powers are friendly, its rights
are respected, and its high place in the family of nations cheerfully recog-
nized. At home we enjoy an amount of happiness, public and private,
which has probably never fallen to the lot of any other people. Besides
affording to our own citizens a degree of prosperity of which on so large
a scale I know of no other instance, our country is annually affording a
refuge and a home to multitudes, altogether without example, from the
Old World.
We owe these blessings, under Heaven, to the happy Constitution and
Government which were bequeathed to us by our fathers, and which it is
our sacred duty to transmit in all their integrity to our children. We
must all consider it a great distinction and privilege to have been chosen
by the people to bear a part in the administration of such a Government.
Called by an unexpected dispensation to its highest trust at a season of
embarrassment and alarm, I entered upon its arduous duties with ex-
treme diffidence. I claim only to have discharged them to the best of
an humble ability, with a single eye to the public good, and it is with
devout gratitude in retiring from office that I leave the country in a state
of peace and prosperity.
MILLARD FILLMORE.
SPECIAL MESSAGES.
WASHINGTON, December 7, 1852.
To the Senate of the United States:
I transmit to the Senate, for its consideration with a view to ratifi-
cation, a treaty of friendship, commerce, and navigation, between the
United States and the Oriental Republic of Uruguay, signed at Monte-
video on the 28th of August last.
MILLARD FILLMORE.
Millard Fillmore
2719
To the Senate of the United States:
WASHINGTON, December 8, 1852.
I transmit to the Senate, for its consideration with a view to ratifica-
tion, an additional article, signed in this city on the 16th ultimo, to the
convention for the mutual delivery of criminals fugitives from justice
in certain cases between the United States on the one part and Prussia
and other States of the Germanic Confederation on the other part, con-
cluded on the 15th of June, 1852.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, January 4, 1853.
In answer to the resolution of the Senate of the 30th ultimo, request-
ing information in regard to the establishment of a new British colony
in Central America, I transmit a report from the Secretary of State and
the documents by which it was accompanied.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, January 4, 1853.
In answer to the Senate's resolution of the 3d instant, calling for
information relative to a proposed tripartite convention on the subject
of the island of Cuba, I transmit to the Senate a report from the Secre-
tary of State and the papers which accompanied it.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, January 12, 1853.
In pursuance of the eleventh article of the treaty with the Chickasaw
Indians signed on the 20th day of October, 1832, I herewith transmit
a recommendation from the Secretary of the Treasury for the invest-
ment of a portion of the funds belonging to said nation, for the purpose
of obtaining the advice and consent of the Senate to make the invest-
ment as therein recommended.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, January 12, 1853.
In reply to the resolution of your honorable body of the 5th instant, I
herewith communicate a report of the Secretary of the Interior giving
the information* required.
MILLARD FILLMORE.
Relating to the Mexican boundary commission.
2720
Messages and Papers of the Presidents
To the Senate of the United States:
In answer to the resolution of the Senate dated the 13th ultimo,
requesting further information in regard to the imprisonment of the
United States consul and of other American citizens in the castle at
Acapulco, I transmit a report from the Secretary of State and the doc-
uments by which it is accompanied.
JANUARY 17, 1853.
MILLARD FILLMORE.
WASHINGTON, January 17, 1853.
To the Senate and House of Representatives:
I transmit herewith a communication lately received at the Depart-
ment of State from the minister of Her Most Catholic Majesty, accom-
panied by a letter of instructions from the Spanish Government relative
to the case of the Amistad. In Mr. Calderon's communication reference
is had to former letters addressed by him to the Department of State on
the same subject, copies of which are herewith transmitted, and an ear-
nest wish is expressed that a final settlement of this long-pending claim
should be made. The tone of the letter of instructions from Mr. Manuel
Bertran de Lis is somewhat more peremptory than could be wished, but
this circumstance will not, probably, prevent Congress from giving his
suggestions the attention to which they may be entitled.
The claim of the Spanish Government on behalf of its subjects inter-
ested in the Amistad was the subject of discussion during the Admin-
istration of President Tyler between the Spanish minister and Mr.
Webster, then Secretary of State. In an elaborate letter of the latter.
addressed to the Chevalier d'Argais on the 1st of September, 1841,
the opinion is confidently maintained that the claim is unfounded. The
Administration of President Polk took a different view of the matter.
The justice of the claim was recognized in a letter from the Department
of State to the Spanish minister of the 19th of March, 1847, and in his
annual message of the same year the President recommended its payment.
Under these circumstances the attention of Congress is again invited
to the subject. Respect to the Spanish Government demands that its
urgent representation should be candidly and impartially weighed. If
Congress should be of opinion that the claim is just, every consideration
points to the propriety of its prompt recognition and payment, and if the
two Houses should come to the opposite conclusion it is equally desirable
that the result should be announced without unnecessary delay.
MILLARD FILLMORE.
WASHINGTON, January 18, 1853.
To the Senate and House of Representatives of the United States:
I have the honor herewith to transmit a report from the Secretary of
the Interior, from which it appears that the efforts of that Department
Millard Fillmore
2721
to induce the Indians remaining in Florida to migrate to the country
assigned to their tribe west of the Mississippi have been entirely unsuc-
cessful. The only alternative that now remains is either to compel them
by force to comply with the treaty made with the tribe in May, 1832, by
which they agreed to migrate within three years from that date, or allow
the arrangement made with them in 1842, referred to in the Secretary's
report, by which they were permitted to remain in the temporary occu-
pancy of a portion of the peninsula until the Government should see fit
to remove them, to continue.
It can not be denied that the withholding so large a portion of her ter-
ritory from settlement is a source of injury to the State of Florida; and
although, ever since the arrangement above referred to, the Indians have
manifested a desire to remain at peace with the whites, the presence of a
people who may at any time and upon any real or fancied provocation
be driven to acts of hostility is a source of constant anxiety and alarm to
the inhabitants on that border.
There can be no doubt, also, that the welfare of the Indians would be
promoted by their removal from a territory where frequent collisions
between them and their more powerful neighbors are daily becoming more
inevitable.
On the other hand, there is every reason to believe that any manifes-
tation of a design to remove them by force or to take possession of the
territory allotted to them would be immediately retaliated by acts of
cruelty on the defenseless inhabitants.
The number of Indians now remaining in the State is, it is true, very
inconsiderable (not exceeding, it is believed, 500), but owing to the ex-
tent of the country occupied by them and its adaptation to their peculiar
mode of warfare, a force very disproportioned to their numbers would be
necessary to capture them, or even to protect the white settlements from
their incursions. The military force now stationed in that State would
be inadequate to these objects, and if it should be determined to enforce
their removal or to survey the territory allotted to them some addition
to it would be necessary, as the Government has but a small force avail-
able for that service. Additional appropriations for the support of the
Army would also, in that event, be necessary.
For these reasons I have deemed it proper to submit the whole matter
to Congress, for such action as they may deem best.
MILLARD FILLMORE.
To the House of Representatives:
WASHINGTON, January 19, 1853.
In answer to the resolution of the House of Representatives of the 27th
ultimo, requesting information relative to the claims on Spain in the cases
2722
Messages and Papers of the Presidents
of the bark Georgiana and the brig Susan Loud, I transmit a report from
the Secretary of State, to whom the resolution was referred.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, January 21, 1853.
In compliance with the resolution of the Senate of the 1oth instant,
requesting certain correspondence relative to Central America, I trans-
mit a report from the Secretary of State and the documents by which
it was accompanied.
MILLARD FILLMORE.
WASHINGTON, January 24, 1853.
To the House of Representatives of the United States:
In obedience to a resolution of your honorable body of December 27,
1852, in reference to claims of custom-house officers for additional pay,
I have the honor herewith to transmit a report from the Secretary of
the Treasury giving the desired information; and in answer to the sev-
enth interrogatory, asking "whether in my opinion further legislation
is necessary or advisable either to protect the Treasury from unjust
claims or to secure to the claimants their just rights," I would state
that in my opinion no further legislation is necessary to effect either
object. My views on this subject will be more fully seen on reference
to an opinion given by me to the Secretary of the Treasury, a copy of
which is annexed to his report.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, January 24, 1853.
In answer to the resolution of the Senate of the 14th instant, relative to
the award of the Emperor Louis Napoleon, of France, in the case of the
brig General Armstrong, I transmit a report from the Secretary of State
and the documents by which it was accompanied.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, January 27, 1853.
In answer to the resolution of the Senate of the 13th instant, request-
ing a copy of correspondence and other documents relative to Nicaragua,
Costa Rica, and the territory claimed by the Mosquito Indians, I transmit
a report of the Secretary of State, to whom the resolution was referred.
MILLARD FILLMORE.
Millard Fillmore
2723
To the House of Representatives:
WASHINGTON, January 27, 1853.
Since my last message to your honorable body, communicating a re-
port from the Treasury Department, in answer to your resolution of the
3d instant [27th ultimo?], in reference to the compensation of weighers
and gaugers, further communications on that subject have been received
from New Orleans, which have just been reported to me by the Secretary
of the Treasury and which I deem it my duty to communicate to the
House.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 3, 1853.
I transmit herewith to the Senate in a new draft the convention with
the Swiss Confederation, originally negotiated at Berne and concluded in
that city on the 25th of November, 1850. On the 7th of March, 1851, it
was considered by the Senate of the United States, whose assent was
given to it with certain amendments, as will appear from the Journal of
the Senate of that day. The convention was sent back to Switzerland
with these alterations, which were taken into consideration by the Gov-
ernment of that Confederation, whose action in the premises will be
learned by a letter from its President of the 5th of July, 1852.
The modifications which the Government of the Swiss Confederation
are desirous of introducing into the amendments made by the Senate of
the United States and the articles affected by them are not inconsistent
with the object and spirit of those amendments, and appear to me to pro-
ceed upon a reasonable principle of compromise.
I have thought it expedient, in submitting them to the Senate with
a view to their advice and consent to the ratification of the treaty in its
present form, to have the entire instrument taken into a continuous draft,
as well the portions-by far the greater part-already assented to by the
Senate as the modifications proposed by the Government of the Swiss
Confederation in reference to these amendments. In preparing the new
draft a few slight alterations have been made in the modifications pro-
posed by the Swiss Government.
Should the convention receive the approbation of the Senate in its
present form, it will be immediately transmitted to Switzerland for rati-
fication by the Swiss Confederation.
The delays which have taken place in the negotiation of this treaty
have been principally caused by the want of a resident diplomatic agent
of the United States at Berne, and are among the reasons for which an
appropriation for a chargé d'affaires to that Government has recently, by
my direction, been recommended in a letter from the Department of State
to the chairman of the Committee on Foreign Relations of the Senate.
MILLARD FILLMORE.
2724
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, February 3, 1853.
In compliance with the resolution of the Senate of the 11th ultimo
asking for information with regard to the execution of the postal con-
vention between the United States and Great Britain, I transmit a report
from the Secretary of State and the documents which accompanied it.
MILLARD FILLMORE.
WASHINGTON, February 7, 1853.
To the Senate and House of Representatives:
Having in my message to Congress at the opening of the session ad-
verted to the pending negotiations between this Government and that of
Great Britain relative to the fisheries and commercial reciprocity with the
British American Provinces, I transmit for the information of Congress
the accompanying report from the Department of State on the present
state of the negotiations, and I respectfully invite the attention of the
two Houses to the suggestion in the latter part of the report.
MILLARD FILLMORE.
WASHINGTON, February 9, 1853.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of the Navy,
accompanied by the first part of Lieutenant Herndon's report of the ex-
ploration of the valley of the Amazon and its tributaries, made by him
in connection with Lieutenant Lardner Gibbon, under instructions from
the Navy Department.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 14, 1853.
I herewith communicate to the Senate, for its consideration with a view
to ratification, a convention on the subject of the extradition of fugitives
from justice between the United States and Belgium, concluded and
signed in this city on the 11th instant by the respective plenipotentiaries,
MILLARD FILLMORE.
WASHINGTON, February 18, 1853.
To the Senate and House of Representatives:
I transmit a report from the Secretary of State, embodying the sub-
stance of recent communications made by the minister of Her Britannic
Majesty to the Department of State on the subject of the interoceanic
Millard Fillmore
2725
canal by the Nicaragua route, which formed the chief object of the treaty
between the United States and Great Britain of the 19th April, 1850,
and the relations of Great Britain to the protectorate of Mosquito, which
she expresses herself desirous of relinquishing on terms consistent with
her honorable engagements to the Indians of that name.
In consequence of these communications and other considerations
stated in the report, it is deemed advisable by the Department that our
diplomatic relations with the States of Central America should be placed
on a higher and more efficient footing, and this measure meets my appro-
bation. The whole subject is one of so much delicacy and importance
that I should have preferred, so near the close of my Administration, not
to make it the subject of an Executive communication. But inasmuch
as the measure proposed can not, even if deemed expedient by my suc-
take effect for near a twelvemonth unless an appropriation is made
by this Congress, I have thought it my duty to submit the report of the
Department to the two Houses. The importance of the measure seemed
to require an exposition somewhat in detail of the grounds on which it is
recommended.
cessor,
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 18, 1853.
I transmit to the Senate, with the view to its ratification, a convention
which was yesterday concluded between the United States and Great
Britain for the establishment of international copyright.
MILLARD FILLMORE.
WASHINGTON, February 19, 1853.
To the Senate of the United States:
In answer to the resolution of the Senate of the 14th instant, relative
to the fisheries on the coasts of Florida, I transmit herewith a report
from the Secretary of State and the documents which accompanied it.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 21, 1853.
In compliance with your resolution of the 19th of February instant, I
herewith communicate a report from the Secretary of War, containing the
report of Lieutenant Meigs, of the Engineer Corps, on the surveys, proj-
ects, and estimates for supplying the cities of Washington and George-
town with an unfailing and abundant supply of water.
88
MILLARD FILLMORE.
2726
Messages and Papers of the Presidents
To the Senate of the United States:
WASHINGTON, February 21, 1853.
I have the honor to transmit herewith a report from the Secretary of
the Treasury of the 21st instant, in reference to the reinvestment of cer-
tain moneys belonging to the Chickasaw Nation of Indians which will
come into the Treasury during the succeeding vacation of the Senate, and
I respectfully concur in the recommendation made by the Secretary.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 23, 1853.
I transmit to the Senate, for advice and consent with a view to ratifica-
tion, a convention between the United States and Her Britannic Majesty
for the adjustment of certain claims of citizens of the United States on
the British Government and of British subjects on the Government of the
United States, signed in London on the 8th instant. Although it is stip-
ulated by the terms of the first article of the convention that the com-
missioner on the part of this Government shall be appointed by the
President of the United States, it is not understood that this stipulation
was intended to dispense with the concurrence of the Senate in such
appointment.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, February 25, 1853.
I transmit to the Senate, for its consideration with a view to ratifi-
cation, a consular convention concluded in this city on the 23d instant
between the United States and His Majesty the Emperor of the French.
MILLARD FILLMORE.
To the Senate of the United States:
WASHINGTON, February 26, 1853.
I transmit a copy of a proclamation of yesterday, which I deemed it
advisable to issue, relative to an extraordinary session of the Senate or
the 4th of March next.
To the Senate of the United States:
MILLARD FILLMORE.
WASHINGTON, February 28, 1853.
In answer to the resolution of the Senate of the 17th January last,
requesting information in regard to the fisheries on the coasts of the
British North American Provinces, I transmit a report from the Secretary
of State and the documents which accompanied it.
MILLARD FILLMORE.
Millard Fillmore
2727
To the Senate of the United States:
WASHINGTON, February 28, 1853.
I herewith transmit, for the consideration and advice of the Senate, a
treaty recently entered into with the Apache Indians in New Mexico by
Colonel Sumner and Mr. Greiner, acting on behalf of the United States,
together with the letter of Colonel Sumner on the subject of the treaty
and reports thereon from the Commissioner of Indian Affairs and the
Secretary of the Interior,
MILLARD FILLMORE.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The attention of the President having been called to the proceedings
of Congress at the close of its session on the 4th of March, 1851, from
which it appears that the constitutional term of that body was held not
to have expired until 12 o'clock at noon of that day, and a notice hav-
ing been issued, agreeably to former usage, to convene the Senate at II
o'clock a. m. on the 4th of March next, it is apparent that such call is
in conflict with the decision aforesaid:
Now, therefore, as well for the purpose of removing all doubt as to
the legality of such call as of establishing a precedent of what is deemed
a proper mode of convening the Senate, I, Millard Fillmore, President of
the United States, have considered it to be my duty to issue this my
proclamation, revoking said call and hereby declaring that an extraor-
dinary occasion requires the Senate of the United States to convene for
the transaction of business at the Capitol, in the city of Washington, on
Friday, the 4th day of March next, at 12 o'clock at noon of that day, of
which all who shall at that time be entitled to act as members of that
body are hereby required to take notice.
Given under my hand and the seal of the United States, at Washing-
ton, this 25th day of February, A. D. 1853, and of the Inde-
pendence of the United States the seventy-seventh.
[SEAL.]
By the President:
EDWARD EVERETT,
MILLARD FILLMORE.
Secretary of State.
Franklin Pierce
March 4, 1853, to March 4, 1857
SEE ENCYCLOPEDIC INDEX.
The Encyclopedic Index is not only an index to the other volumes, not only a key that
unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged
brief history or story of the great controlling events constituting the History of the United
States.
Under its proper alphabetical classification the story is told of every great subject
referred to by any of the Presidents in their official Messages, and at the end of each article
the official utterances of the Presidents themselves are cited upon the subject, so that you
may readily turn to the page in the body of the work itself for this original information.
Next to the possession of knowledge is the ability to turn at will to where knowledge
is to be found.

HOME AT CONCORD, NEW HAMPSHIRE, OF
FRANKLIN PIERCE
With official portrait engraved from copy of original in steel
1
Franklin Pierce
FRANKLIN PIERCE was born in Hillsboro, N. H., November 23, 1804.
Was the fourth son of Benjamin and Anna Pierce. His father was a
citizen of Massachusetts; was a soldier in the War of the Revolution, at-
taining the rank of captain and brevet major. After peace was declared
he removed from Massachusetts to New Hampshire and located near
what is now Hillsboro. His first wife was Elizabeth Andrews, who died
at an early age. His second wife, the mother of Franklin Pierce, was
Anna Kendrick, of Amherst, N. H. He was sheriff of his county, a
member of the State legislature and of the governor's council, and was
twice chosen governor of his State (as a Democrat), first in 1827 and again
in 1829.
For many years he was declared to be "the most influential
man in New Hampshire." He died in 1839. Franklin was given an
academic education in well-known institutions at Hancock, Francestown,
and Exeter, and in 1820 was sent to Bowdoin College. His college mates
there were John P. Hale, his future political rival; Professor Calvin E.
Stowe; Sergeant S. Prentiss, the distinguished orator; Henry W. Long-
fellow, and Nathaniel Hawthorne, his future biographer and lifelong
friend. He graduated in 1824, being third in his class. After taking his
degree he began the study of law at Portsmouth in the office of Levi
Woodbury, where he remained about a year. Afterwards spent two
years in the law school at Northampton, Mass., and in the office of Judge
Edmund Parker, at Amherst, N. H. In 1827 was admitted to the bar
and began practice in his native town. Espoused the cause of Andrew
Jackson with ardor, and in 1829 was elected to represent his native town
in the legislature, where by three subsequent elections he served four
years, the last two as speaker. In 1833 was elected to represent his
native district in the lower House of Congress, where he remained four
years; served on the Judiciary and other important committees. His
first important speech in the House was delivered in 1834 upon the ne-
cessity of economy and of watchfulness against frauds in the payment
of Revolutionary claims. In 1834 married Miss Jane Means Appleton,
daughter of Rev. Jesse Appleton, president of Bowdoin College. In 1837
was elected to the United States Senate. On account of ill health of his
2728
2729
Messages and Papers of the Presidents
wife, deeming it best for her to return to New Hampshire, on June 28,
1842, resigned his seat, and returning to his home resumed the practice
of the law. In 1838 he changed his residence from Hillsboro to Concord.
In 1845 declined an appointment to the United States Senate to fill a
vacancy. Also declined the nomination for governor, tendered by the
Democratic State convention, and in 1845 an appointment to the office of
Attorney-General of the United States, tendered by President Polk. In
1846, when the war with Mexico began, he enlisted as a private in a
volunteer company organized at Concord; was soon afterwards commis-
sioned colonel of the Ninth Regiment of Infantry; March 3, 1847, was
commissioned brigadier-general in the Volunteer Army, and on March
27 embarked for Mexico, arriving at Vera Cruz June 28. August 6, 1847,
joined General Scott with his brigade at Puebla, and soon set out for the
capture of the City of Mexico. Took part in the battle of Contreras
September 19, 1847, in which engagement he was severely injured by
being thrown from his horse. The next day, not having recovered, he
undertook to accompany his brigade in action against the enemy, when
he fainted. He persisted in remaining on duty in the subsequent opera-
tions of the Army. His conduct and services were spoken of in high
terms by his superior officers, Generals Scott, Worth, and Pillow. Be-
fore the battle of Molino del Rey was appointed one of the American
commissioners in the effort for peace, a truce being declared for that
The effort failed and the fighting was renewed. Participated
in the battle of Molino del Rey and continued on duty tili peace was
declared. Resigned his commission in March, 1848, and returned to his
home. The same month the legislature of his State voted him a sword
of honor in appreciation of his services in the war. Resumed his law
practice and was highly successful. In 1850 was a member of the con-
stitutional convention which met at Concord to amend the constitution of
New Hampshire, and was chosen to preside over its deliberations; he
favored the removal of the religious-test clause in the old constitution, by
which Roman Catholics were disqualified from holding office in the State,
and also the abolition of any "property qualification;" he carried these
amendments through the convention, but the people defeated them at
the election. In January, 1852, the Democratic State convention of New
Hampshire declared for him for President, but in a letter January 12 he
positively refused to permit the delegation to present his name. The
national convention of the party met at Baltimore June 1, 1852. On
the fourth day he was nominated for President, and was elected in No
vember, receiving 254 electoral votes, while his opponent, General Scott,
received only 42. Was inaugurated March 4, 1853. In 1856 was voted
for by his friends in the national Democratic convention for renomina-
tion, but was unsuccessful. Upon the expiration of his term as President
he retired to his home at Concord, where he resided the remainder of his
life. Died October 8, 1869, and was buried at Concord.
Franklin Pierce
2730
INAUGURAL ADDRESS.
MY COUNTRYMEN: It is a relief to feel that no heart but my own can
know the personal regret and bitter sorrow over which I have been borne
to a position so suitable for others rather than desirable for myself.
The circumstances under which I have been called for a limited period
to preside over the destinies of the Republic fill me with a profound
sense of responsibility, but with nothing like shrinking apprehension.
I repair to the post assigned me not as to one sought, but in obedience
to the unsolicited expression of your will, answerable only for a fearless,
faithful, and diligent exercise of my best powers. I ought to be, and
ain, truly grateful for the rare manifestation of the nation's confidence;
but this, so far from lightening my obligations, only adds to their weight.
You have summoned me in my weakness; you must sustain me by your
strength. When looking for the fulfillment of reasonable requirements,
you will not be unmindful of the great changes which have occurred,
even within the last quarter of a century, and the consequerɩ augmen-
tation and complexity of duties imposed in the administration both of
your home and foreign affairs.
ocean.
Whether the elements of inherent force in the Republic have kept pace
with its unparalleled progression in territory, population, and wealth has
been the subject of earnest thought and discussion on both sides of the
Less than sixty-four years ago the Father of his Country made
"the" then "recent accession of the important State of North Carolina to
the Constitution of the United States" one of the subjects of his special
congratulation. At that moment, however, when the agitation conse-
quent upon the Revolutionary struggle had hardly subsided, when we were
just emerging from the weakness and embarrassments of the Confedera-
tion, there was an evident consciousness of vigor equal to the great mission
so wisely and bravely fulfilled by our fathers. It was not a presumptuous
assurance, but a calm faith, springing from a clear view of the sources of
power in a government constituted like ours. It is no paradox to say
that although comparatively weak the new-born nation was intrinsically
strong. Inconsiderable in population and apparent resources, it was
upheld by a broad and intelligent comprehension of rights and an all-
pervading purpose to maintain them, stronger than armaments.
It came
from the furnace of the Revolution, tempered to the necessities of the times.
The thoughts of the men of that day were as practical as their sentiments
were patriotic. They wasted no portion of their energies upon idle and
delusive speculations, but with a firm and fearless step advanced beyond
the governmental landmarks which had hitherto circumscribed the limits
of human freedom and planted their standard, where it has stood against
dangers which have threatened from abroad, and internal agitation, which
2731
Messages and Papers of the Presidents
has at times fearfully menaced at home. They proved themselves equal
to the solution of the great problem, to understand which their minds had
been illuminated by the dawning lights of the Revolution. The object
sought was not a thing dreamed of; it was a thing realized. They had
exhibited not only the power to achieve, but, what all history affirms to be
so much more unusual, the capacity to maintain. The oppressed through-
out the world from that day to the present have turned their eyes hith-
erward, not to find those lights extinguished or to fear lest they should
wane, but to be constantly cheered by their steady and increasing radiance.
In this our country has, in my judgment, thus far fulfilled its highest
duty to suffering humanity. It has spoken and will continue to speak,
not only by its words, but by its acts, the language of sympathy, encour-
agement, and hope to those who earnestly listen to tones which pronounce
for the largest rational liberty. But after all, the most animating encour-
agement and potent appeal for freedom will be its own history-its trials
and its triumphs. Preeminently, the power of our advocacy reposes in
our example; but no example, be it remembered, can be powerful for last-
ing good, whatever apparent advantages may be gained, which is not based
upon eternal principles of right and justice. Our fathers decided for
themselves, both upon the hour to declare and the hour to strike. They
were their own judges of the circumstances under which it became them
to pledge to each other "their lives, their fortunes, and their sacred
honor" for the acquisition of the priceless inheritance transmitted to
The energy with which that great conflict was opened and, under
the guidance of a manifest and beneficent Providence, the uncomplaining
endurance with which it was prosecuted to its consummation were only
surpassed by the wisdom and patriotic spirit of concession which charac-
terized all the counsels of the early fathers.
us.
One of the most impressive evidences of that wisdom is to be found in the
fact that the actual working of our system has dispelled a degree of solici-
tude which at the outset disturbed bold hearts and far-reaching intellects.
The apprehension of dangers from extended territory, multiplied States,
accumulated wealth, and augmented population has proved to be un-
founded. The stars upon your banner have become nearly threefold their
original number; your densely populated possessions skirt the shores of
the two great oceans; and yet this vast increase of people and territory has
not only shown itself compatible with the harmonious action of the States
and Federal Government in their respective constitutional spheres, but
has afforded an additional guaranty of the strength and integrity of both.
With an experience thus suggestive and cheering, the policy of my
Administration will not be controlled by any timid forebodings of evil
from expansion. Indeed, it is not to be disguised that our attitude as
a nation and our position on the globe render the acquisition of certain
possessions not within our jurisdiction eminently important for our pro-
tection, if not in the future essential for the preservation of the rights of
Franklin Pierce
2732
commerce and the peace of the world. Should they be obtained, it will
be through no grasping spirit, but with a view to obvious national inter-
est and security, and in a manner entirely consistent with the strictest
observance of national faith. We have nothing in our history or position
to invite aggression; we have everything to beckon us to the cultivation
of relations of peace and amity with all nations. Purposes, therefore, at
once just and pacific will be significantly marked in the conduct of our
foreign affairs. I intend that my Administration shall leave no blot upon
our fair record, and trust I may safely give the assurance that no act
within the legitimate scope of my constitutional control will be tolerated
on the part of any portion of our citizens which can not challenge a ready
justification before the tribunal of the civilized world. An Administra-
tion would be unworthy of confidence at home or respect abroad should
it cease to be influenced by the conviction that no apparent advantage
can be purchased at a price so dear as that of national wrong or dishonor.
It is not your privilege as a nation to speak of a distant past. The strik-
ing incidents of your history, replete with instruction and furnishing
abundant grounds for hopeful confidence, are comprised in a period com-
paratively brief. But if your past is limited, your future is boundless.
Its obligations throng the unexplored pathway of advancement, and will
be limitless as duration. Hence a sound and comprehensive policy should
embrace not less the distant future than the urgent present.
The great objects of our pursuit as a people are best to be attained
by peace, and are entirely consistent with the tranquillity and interests.
of the rest of mankind. With the neighboring nations upon our conti-
nent we should cultivate kindly and fraternal relations. We can desire
nothing in regard to them so much as to see them consolidate their
strength and pursue the paths of prosperity and happiness. If in the
course of their growth we should open new channels of trade and create
additional facilities for friendly intercourse, the benefits realized will be
equal and mutual. Of the complicated European systems of national
polity we have heretofore been independent. From their wars, their
tumults, and anxieties we have been, happily, almost entirely exempt.
Whilst these are confined to the nations which gave them existence, and
within their legitimate jurisdiction, they can not affect us except as they
appeal to our sympathies in the cause of human freedom and universal
advancement. But the vast interests of commerce are common to all
mankind, and the advantages of trade and international intercourse must
always present a noble field for the moral influence of a great people.
With these views firmly and honestly carried out, we have a right to
expect, and shall under all circumstances require, prompt reciprocity.
The rights which belong to us as a nation are not alone to be regarded,
but those which pertain to every citizen in his individual capacity, at
home and abroad, must be sacredly maintained. So long as he can dis-
cern every star in its place upon that ensign, without wealth to purchase
2733
Messages and Papers of the Presidents
for him preferment or title to secure for him place, it will be his priv-
ilege, and must be his acknowledged right, to stand unabashed even
in the presence of princes, with a proud consciousness that he is him-
self one of a nation of sovereigns and that he can not in legitimate
pursuit wander so far from home that the agent whom he shall leave
behind in the place which I now occupy will not see that no rude hand of
power or tyrannical passion is laid upon him with impunity. He must
realize that upon every sea and on every soil where our enterprise may
rightfully seek the protection of our flag American citizenship is an invio-
lable panoply for the security of American rights. And in this connection
it can hardly be necessary to reaffirm a principle which should now be re-
garded as fundamental. The rights, security, and repose of this Confeder-
acy reject the idea of interference or colonization on this side of the ocean
by any foreign power beyond present jurisdiction as utterly inadmissible.
The opportunities of observation furnished by my brief experience as
a soldier confirmed in my own mind the opinion, entertained and acted
upon by others from the formation of the Government, that the mainte-
nance of large standing armies in our country would be not only danger、
ous, but unnecessary. They also illustrated the importance—I might
well say the absolute necessity-of the military science and practical
skill furnished in such an eminent degree by the institution which has
made your Army what it is, under the discipline and instruction of offi-
cers not more distinguished for their solid attainments, gallantry, and
devotion to the public service than for unobtrusive bearing and high
moral tone. The Army as organized must be the nucleus around which
in every time of need the strength of your military power, the sure bul-
wark of your defense-a national militia-may be readily formed into a
well-disciplined and efficient organization. And the skill and self-devo-
tion of the Navy assure you that you may take the performance of the
past as a pledge for the future, and may confidently expect that the flag
which has waved its untarnished folds over every sea will still float in
undiminished honor. But these, like many other subjects, will be appro-
priately brought at a future time to the attention of the coordinate
branches of the Government, to which I shall always look with pro-
found respect and with trustful confidence that they will accord to me
the aid and support which I shall so much need and which their expe-
rience and wisdom will readily suggest.
In the administration of domestic affairs you expect a devoted integ
rity in the public service and an observance of rigid economy in all
departments, so marked as never justly to be questioned. If this reason-
able expectation be not realized, I frankly confess that one of your lead-
ing hopes is doomed to disappointment, and that my efforts in a very
important particular must result in a humiliating failure. Offices can
be properly regarded only in the light of aids for the accomplishment of
these objects, and as occupancy can confer no prerogative nor importu-
Franklin Pierce
2734
nate desire for preferment any claim, the public interest imperatively
demands that they be considered with sole reference to the duties to be
performed. Good citizens may well claim the protection of good laws
and the benign influence of good government, but a claim for office is
what the people of a republic should never recognize. No reasonable
man of any party will expect the Administration to be so regardless of its
responsibility and of the obvious elements of success as to retain persons
known to be under the influence of political hostility and partisan prej-
udice in positions which will require not only severe labor, but cordial
cooperation. Having no implied engagements to ratify, no rewards to
bestow, no resentments to remember, and no personal wishes to consult
in selections for official station, I shall fulfill this difficult and delicate
trust, admitting no motive as worthy either of my character or position.
which does not contemplate an efficient discharge of duty and the best.
interests of my country. I acknowledge my obligations to the masses
of my countrymen, and to them alone. Higher objects than personal
aggrandizement gave direction and energy to their exertions in the late
canvass, and they shall not be disappointed. They require at my hands.
diligence, integrity, and capacity wherever there are duties to be per-
formed. Without these qualities in their public servants, more stringent
laws for the prevention or punishment of fraud, negligence, and pecula
tion will be vain. With them they will be unnecessary.
But these are not the only points to which you look for vigilant
watchfulness. The dangers of a concentration of all power in the gen-
eral government of a confederacy so vast as ours are too obvious to be
disregarded. You have a right, therefore, to expect your agents in every
department to regard strictly the limits imposed upon them by the Con-
stitution of the United States. The great scheme of our constitutional
liberty rests upon a proper distribution of power between the State and
Federal authorities, and experience has shown that the harmony and
happiness of our people must depend upon a just discrimination between
the separate rights and responsibilities of the States and your common
rights and obligations under the General Government; and here, in my
opinion, are the considerations which should form the true basis of future
concord in regard to the questions which have most seriously disturbed
public tranquillity. If the Federal Government will confine itself to
the exercise of powers clearly granted by the Constitution, it can hardly
happen that its action upon any question should endanger the institu-
tions of the States or interfere with their right to manage matters strictly
domestic according to the will of their own people.
In expressing briefly my views upon an important subject which has
recently agitated the nation to almost a fearful degree, I am moved by
no other impulse than a most earnest desire for the perpetuation of that
Union which has made us what we are, showering upon us blessings and
conferring a power and influence which our fathers could hardly have
2735
Messages and Papers of the Presidents
anticipated, even with their most sanguine hopes directed to a far-off
future. The sentiments I now announce were not unknown before the
expression of the voice which called me here. My own position upon
this subject was clear and unequivocal, upon the record of my words.
and my acts, and it is only recurred to at this time because silence might
perhaps be misconstrued. With the Union my best and dearest earthly
hopes are entwined. Without it what are we individually or collectively?
What becomes of the noblest field ever opened for the advancement of
our race in religion, in government, in the arts, and in all that dignifies
and adorns mankind? From that radiant constellation which both illu-
mines our own way and points out to struggling nations their course, let
but a single star be lost, and, if there be not utter darkness, the luster
of the whole is dimmed. Do my countrymen need any assurance that
such a catastrophe is not to overtake them while I possess the power to
stay it? It is with me an earnest and vital belief that as the Union has
been the source, under Providence, of our prosperity to this time, so it is
the surest pledge of a continuance of the blessings we have enjoyed, and
which we are sacredly bound to transmit undiminished to our children.
The field of calm and free discussion in our country is open, and will
always be so, but never has been and never can be traversed for good in
a spirit of sectionalism and uncharitableness. The founders of the Re-
public dealt with things as they were presented to them, in a spirit of
self-sacrificing patriotism, and, as time has proved, with a comprehensive
wisdom which it will always be safe for us to consult. Every measure
tending to strengthen the fraternal feelings of all the members of our
Union has had my heartfelt approbation. To every theory of society
or government, whether the offspring of feverish ambition or of morbid
enthusiasm, calculated to dissolve the bonds of law and affection which
unite us, I shall interpose a ready and stern resistance. I believe that
involuntary servitude, as it exists in different States of this Confederacy,
is recognized by the Constitution. I believe that it stands like any other
admitted right, and that the States where it exists are entitled to efficient
remedies to enforce the constitutional provisions. I hold that the laws
of 1850, commonly called the "compromise measures," are strictly con-
stitutional and to be unhesitatingly carried into effect. I believe that the
constituted authorities of this Republic are bound to regard the rights
of the South in this respect as they would view any other legal and con-
stitutional right, and that the laws to enforce them should be respected
and obeyed, not with a reluctance encouraged by abstract opinions as to
their propriety in a different state of society, but cheerfully and accord-
ing to the decisions of the tribunal to which their exposition belongs.
Such have been, and are, my convictions, and upon them I shall act. I
fervently hope that the question is at rest, and that no sectional or am-
bitious or fanatical excitement may again threaten the durability of our
institutions or obscure the light of our prosperity.
Franklin Pierce
2736
But let not the foundation of our hope rest upon man's wisdom. It
will not be sufficient that sectional prejudices find no place in the public
deliberations. It will not be sufficient that the rash counsels of human
passion are rejected. It must be felt that there is no national security
but in the nation's humble, acknowledged dependence upon God and His
overruling providence.
We have been carried in safety through a perilous crisis. Wise coun-
sels, like those which gave us the Constitution, prevailed to uphold it.
Let the period be remembered as an admonition, and not as an encourage-
ment, in any section of the Union, to make experiments where experi-
ments are fraught with such fearful hazard. Let it be impressed upon all
hearts that, beautiful as our fabric is, no earthly power or wisdom could
ever reunite its broken fragments. Standing, as I do, almost within
view of the green slopes of Monticello, and, as it were, within reach of
the tomb of Washington, with all the cherished memories of the past
gathering around me like so many eloquent voices of exhortation from
heaven, I can express no better hope for my country than that the kind
Providence which smiled upon our fathers may enable their children to
preserve the blessings they have inherited.
MARCH 4, 1853.
SPECIAL MESSAGES.
To the Senate of the United States:
WASHINGTON, March 21, 1853.
In answer to the resolution of the Senate of the 17th instant, respecting
certain propositions to Nicaragua and Costa Rica relative to the settlement
of the territorial controversies between the States and Governments bor-
dering on the river San Juan, I transmit a report from the Secretary of
State and the documents by which it was accompanied.
To the Senate:
FRANKLIN PIERCE.
WASHINGTON, March 21, 1853.
The eleventh article of the treaty with the Chickasaw Indians of the
20th October, 1832, provides that certain moneys arising from the sales
of the lands ceded by that treaty shall be laid out under the direction of
the President of the United States, by and with the advice and consent
of the Senate, in such safe and valuable stock as he may approve of, for
the benefit of the Chickasaw Nation.
The report of the Secretary of the Treasury of the 15th instant, here-
with transmitted, shows that the sum of $58, 100 5 per cent stock, cre-
ated under the act of 3d March, 1843, now stands on the books of the
#
2737
Messages and Papers of the Presidents
Treasury in the name of the Secretary of the Treasury, as trustee for
the Chickasaw national fund. This stock, by the terms of its issue, is
redeemable on the 1st July next, when interest thereon will cease.
It
therefore becomes my duty to lay before the Senate the subject of rein-
vesting this amount under the same trust.
The second section of the act of 11th September, 1841 (the first section
of which repeals the provisions of the act of 7th July, 1838, directing the
investment of the Smithsonian fund in the stocks of the States), enacts
that "all other funds held in trust by the United States, and the annual
interest accruing thereon, when not otherwise required by treaty, shall
in like manner be invested in stocks of the United States bearing a like
rate of interest.”
I submit to the Senate whether it will advise and consent that the
Secretary of the Treasury be authorized, under my direction, to rein-
vest the above-mentioned sum of $58, 100 in stocks of the United States
under the same trust.
FRANKLIN PIERCE.
To the Senate of the United States:
WASHINGTON, March 21, 1853.
In answer to the resolution of the Senate of the 18th of January last,
calling for further correspondence touching the revolution in France of
December, 1851, I transmit a report from the Secretary of State and the
documents by which it was accompanied.
FRANKLIN PIERCE.
EXECUTIVE CHAMBER, March 25, 1853.
To the Senate of the United States:
I nominate Mrs. Mary Berard to be deputy postmaster at "West
Point," N. Y., the commissions for said office having exceeded $1,000
for the year ending the 30th June, 1852. Mrs. B. has held said office
since the 12th of May, 1848, under an appointment of the Post-Office
Department.
FRANKLIN PIERCE.
EXECUTIVE ORDERS.
EXECUTIVE OFFICE, March 23, 1853.
Believing that the public interests involved in the erection of the
wings of the United States Capitol will be promoted by the exercise of a
general supervision and control of the whole work by a skillful and com-
petent officer of the Corps of Engineers or of the Topographical Corps,
·
Franklin Pierce
2738
and as the officers of those corps are more immediately amenable to the
Secretary of War, I hereby direct that the jurisdiction heretofore exer-
cised over the said work by the Department of the Interior be trans-
ferred to the War Department, and request that the Secretary of War
will designate to the President a suitable officer to take charge of the
FRANKLIN PIERCE.
same.
BY THE PRESIDENT OF THE UNITED STATES.
WASHINGTON, April 20, 1853.
The President has, with deep sorrow, received information that the
Vice-President of the United States, William R. King, died on the 18th
instant at his residence in Alabama.
In testimony of respect for eminent station, exalted character, and,
higher and above all station, for a career of public service and devotion
to this Union which for duration and usefulness is almost without a par-
allel in the history of the Republic, the labors of the various Departments
will be suspended.
The Secretaries of War and Navy will issue orders that appropriate
military and naval honors be rendered to the memory of one to whom
such a tribute will not be formal, but heartfelt from a people the deceased
has so faithfully served.
The public offices will be closed to-morrow and badges of mourning be
placed on the Executive Mansion and all the Executive Departments at
Washington.
FRANKLIN PIERCE.
GENERAL ORDERS, No. II.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
Washington, April 20, 1853.
I. The following order announces to the Army the death of William
Rufus King, late Vice-President of the United States:
WAR DEPARTMENT,
Washington, April 20, 1853.
With deep sorrow the President announces to the Army the death
of William Rufus King, Vice-President of the United States, who died
on the evening of Monday, the 18th instant, at his residence in Dallas
County, Ala.
Called into the service of his country at a period in life when but few
are prepared to enter upon its realities, his long career of public use-
fulness at home and abroad has always been honored by the public
2739
Messages and Papers of the Presidents
confidence, and was closed in the second office within the gift of the
people.
From sympathy with his relatives and the American people for their
loss and from respect for his distinguished public services, the President
directs that appropriate honors to his memory be paid by the Army.
JEFFERSON DAVIS,
Secretary of War.
II. On the day next succeeding the receipt of this order at each mili-
tary post the troops will be paraded at 10 o'clock a. m. and this order
read to them.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired. Commencing at 12 o'clock
m. seventeen minute guns will be fired and at the close of the day the
national salute of thirty-one guns.
The usual badge of mourning will be worn by officers of the Army and
the colors of the several regiments will be put in mourning for the period
of three months.
By order:
S. COOPER,
Adjutant-General.
[From the Daily National Intelligencer, April 21, 1853.]
GENERAL ORDER.
NAVY DEPARTMENT,
April 20, 1853.
With deep sorrow the President announces to the officers of the Navy
and Marine Corps the death of William Rufus King, Vice-President of
the United States, who died on the evening of Monday, the 18th instant,
at his residence in Alabama.
Called into the service of his country at a period of life when but few
are prepared to enter upon its realities, his long career of public useful-
ness at home and abroad has always been honored by the public con-
fidence, and was closed in the second office within the gift of the people.
From sympathy with his relatives and the American people for their
loss and from respect for his distinguished public services, the President
directs that appropriate honors be paid to his memory at each of the navy-
yards and naval stations and on board all the public vessels in commis-
sion on the day after this order is received by firing at dawn of day thir-
teen guns, at 12 o'clock m. seventeen minute guns, and at the close of
the day the national salute, by carrying their flags at half-mast one day,
and by the officers wearing crape on the left arm for three months.
J. C. DOBBIN,
Secretary of the Navy.
Franklin Pierce
2740
FIRST ANNUAL MESSAGE.
WASHINGTON, D. C., December 5, 1853.
Fellow-Citizens of the Senate and of the House of Representatives:
The interest with which the people of the Republic anticipate the as-
sembling of Congress and the fulfillment on that occasion of the duty
imposed upon a new President is one of the best evidences of their ca-
pacity to realize the hopes of the founders of a political system at once
complex and symmetrical. While the different branches of the Govern-
ment are to a certain extent independent of each other, the duties of all
alike have direct reference to the source of power. Fortunately, under
this system no man is so high and none so humble in the scale of public
station as to escape from the scrutiny or to be exempt from the respon-
sibility which all official functions imply.
Upon the justice and intelligence of the masses, in a government thus
organized, is the sole reliance of the confederacy and the only security
for honest and earnest devotion to its interests against the usurpations
and encroachments of power on the one hand and the assaults of per-
sonal ambition on the other.
The interest of which I have spoken is inseparable from an inquiring,
self-governing community, but stimulated, doubtless, at the present time
by the unsettled condition of our relations with several foreign powers, by
the new obligations resulting from a sudden extension of the field of
enterprise, by the spirit with which that field has been entered and the
amazing energy with which its resources for meeting the demands of
humanity have been developed.
Although disease, assuming at one time the characteristics of a wide-
spread and devastating pestilence, has left its sad traces upon some por-
tions of our country, we have still the most abundant cause for reverent
thankfulness to God for an accumulation of signal mercies showered upon
us as a nation. It is well that a consciousness of rapid advancement and
increasing strength be habitually associated with an abiding sense of
dependence upon Him who holds in His hands the destiny of men and
of nations.
Recognizing the wisdom of the broad principle of absolute religious
toleration proclaimed in our fundamental law, and rejoicing in the benign
influence which it has exerted upon our social and political condition, I
should shrink from a clear duty did I fail to express my deepest convic-
tion that we can place no secure reliance upon any apparent progress if
it be not sustained by national integrity, resting upon the great truths
affirmed and illustrated by divine revelation. In the midst of our sorrow
for the afflicted and suffering, it has been consoling to see how promptly
2741
Messages and Papers of the Presidents
disaster made true neighbors of districts and cities separated widely from
each other, and cheering to watch the strength of that common bond of
brotherhood which unites all hearts, in all parts of this Union, when dan-
ger threatens from abroad or calamity impends over us at home.
Our diplomatic relations with foreign powers have undergone no essen-
tial change since the adjournment of the last Congress. With some of
them questions of a disturbing character are still pending, but there are
good reasons to believe that these may all be amicably adjusted.
For some years past Great Britain has so construed the first article of
the convention of the 20th of April, 1818, in regard to the fisheries on the
northeastern coast, as to exclude our citizens from some of the fishing
grounds to which they freely resorted for nearly a quarter of a century
subsequent to the date of that treaty. The United States have never ac-
quiesced in this construction, but have always claimed for their fishermen
all the rights which they had so long enjoyed without molestation. With
a view to remove all difficulties on the subject, to extend the rights of our
fishermen beyond the limits fixed by the convention of 1818, and to regu-
late trade between the United States and the British North American
Provinces, a negotiation has been opened with a fair prospect of a favor-
able result. To protect our fishermen in the enjoyment of their rights
and prevent collision between them and British fishermen, I deemed it ex-
pedient to station a naval force in that quarter during the fishing season.
Embarrassing questions have also arisen between the two Govern-
ments in regard to Central America. Great Britain has proposed to
settle them by an amicable arrangement, and our minister at London
is instructed to enter into negotiations on that subject.
A commission for adjusting the claims of our citizens against Great
Britain and those of British subjects against the United States, organized
under the convention of the 8th of February last, is now sitting in Lon-
don for the transaction of business.
It is in many respects desirable that the boundary line between the
United States and the British Provinces in the northwest, as designated
in the convention of the 15th of June, 1846, and especially that part
which separates the Territory of Washington from the British posses-
sions on the north, should be traced and marked. I therefore present
the subject to your notice.
With France our relations continue on the most friendly footing. The
extensive commerce between the United States and that country might,
it is conceived, be released from some unnecessary restrictions to the mu-
tual advantage of both parties. With a view to this object, some prog-
ress has been made in negotiating a treaty of commerce and navigation.
Independently of our valuable trade with Spain, we have important
political relations with her growing out of our neighborhood to the
islands of Cuba and Porto Rico. I am happy to announce that since
the last Congress no attempts have been made by unauthorized expedi-
Franklin Pierce
2742
tions within the United States against either of those colonies. Should
any movement be manifested within our limits, all the means at my com-
mand will be vigorously exerted to repress it. Several annoying occur-
rences have taken place at Havana, or in the vicinity of the island of
Cuba, between our citizens and the Spanish authorities. Considering
the proximity of that island to our shores, lying, as it does, in the track
of trade between some of our principal cities, and the suspicious vigi-
lance with which foreign intercourse, particularly that with the United
States, is there guarded, a repetition of such occurrences may well be
apprehended.
As no diplomatic intercourse is allowed between our consul at Havana
and the Captain-General of Cuba, ready explanations can not be made or
prompt redress afforded where injury has resulted. All complaint on
the part of our citizens under the present arrangement must be, in the
first place, presented to this Government and then referred to Spain.
Spain again refers it to her local authorities in Cuba for investigation,
and postpones an answer till she has heard from those authorities. To
avoid these irritating and vexatious delays, a proposition has been made
to provide for a direct appeal for redress to the Captain-General by our
consul in behalf of our injured fellow-citizens. Hitherto the Govern-
ment of Spain has declined to enter into any such arrangement. This
course on her part is deeply regretted, for without some arrangement of
this kind the good understanding between the two countries may be
exposed to occasional interruption. Our minister at Madrid is instructed
to renew the proposition and to press it again upon the consideration of
Her Catholic Majesty's Government.
For several years Spain has been calling the attention of this Gov-
ernment to a claim for losses by some of her subjects in the case of
the schooner Amistad. This claim is believed to rest on the obligations.
imposed by our existing treaty with that country. Its justice was ad-
mitted in our diplomatic correspondence with the Spanish Government
as early as March, 1847, and one of my predecessors, in his annual mes-
sage of that year, recommended that provision should be made for its
payment. In January last it was again submitted to Congress by the
Executive. It has received a favorable consideration by committees of
both branches, but as yet there has been no final action upon it. I con-
ceive that good faith requires its prompt adjustment, and I present it to
your early and favorable consideration.
Martin Koszta, a Hungarian by birth, came to this country in 1850,
and declared his intention in due form of law to become a citizen of the
United States. After remaining here nearly two years he visited Tur-
key. While at Smyrna he was forcibly seized, taken on board an Austrian
brig of war then lying in the harbor of that place, and there confined in
irons, with the avowed design to take him into the dominions of Austria.
Our consul at Smyrna and legation at Constantinople interposed for his
2743
Messages and Papers of the Presidents
release, but their efforts were ineffectual. While thus in prison Com-
mander Ingraham, with the United States ship of war St. Louis, arrived
at Smyrna, and after inquiring into the circumstances of the case came
to the conclusion that Koszta was entitled to the protection of this
Government, and took energetic and prompt measures for his release.
Under an arrangement between the agents of the United States and of
Austria, he was transferred to the custody of the French consul-general
at Smyrna, there to remain until he should be disposed of by the mutual
agreement of the consuls of the respective Governments at that place.
Pursuant to that agreement, he has been released, and is now in the United
States. The Emperor of Austria has made the conduct of our officers
who took part in this transaction a subject of grave complaint. Regard-
ing Koszta as still his subject, and claiming a right to seize him within
the limits of the Turkish Empire, he has demanded of this Government
its consent to the surrender of the prisoner, a disavowal of the acts of its
agents, and satisfaction for the alleged outrage. After a careful consid-
eration of the case I came to the conclusion that Koszta was seized
without legal authority at Smyrna; that he was wrongfully detained on
board of the Austrian brig of war; that at the time of his seizure he
was clothed with the nationality of the United States, and that the acts
of our officers, under the circumstances of the case, were justifiable, and
their conduct has been fully approved by me, and a compliance with the
several demands of the Emperor of Austria has been declined.
For a more full account of this transaction and my views in regard to
it I refer to the correspondence between the chargé d'affaires of Austria
and the Secretary of State, which is herewith transmitted.
The prin-
ciples and policy therein maintained on the part of the United States
will, whenever a proper occasion occurs, be applied and enforced.
The condition of China at this time renders it probable that some im-
portant changes will occur in that vast Empire which will lead to a more
unrestricted intercourse with it. The commissioner to that country who
has been recently appointed is instructed to avail himself of all occasions
to open and extend our commercial relations, not only with the Empire
of China, but with other Asiatic nations.
In 1852 an expedition was sent to Japan, under the command of Com-
modore Perry, for the purpose of opening commercial intercourse with
that Empire. Intelligence has been received of his arrival there and of
his having made known to the Emperor of Japan the object of his visit.
But it is not yet ascertained how far the Emperor will be disposed to
abandon his restrictive policy and open that populous country to a com-
mercial intercourse with the United States.
It has been my earnest desire to maintain friendly intercourse with the
Governments upon this continent and to aid them in preserving good
understanding among themselves. With México a dispute has arisen as
to the true boundary line between our Territory of New Mexico and the
Franklin Pierce
2744
Mexican State of Chihuahua. A former commissioner of the United
States, employed in running that line pursuant to the treaty of Guada-
iupe Hidalgo, made a serious mistake in determining the initial point on
the Rio Grande; but inasmuch as his decision was clearly a departure
from the directions for tracing the boundary contained in that treaty,
and was not concurred in by the surveyor appointed on the part of the
United States, whose concurrence was necessary to give validity to that
decision, this Government is not concluded thereby; but that of Mexico
takes a different view of the subject.
There are also other questions of considerable magnitude pending be-
tween the two Republics. Our minister in Mexico has ample instruc-
tions to adjust them. Negotiations have been opened, but sufficient
progress has not been made therein to enable me to speak of the prob-
able result. Impressed with the importance of maintaining amicable
relations with that Republic and of yielding with liberality to all her
just claims, it is reasonable to expect that an arrangement mutually sat-
isfactory to both countries may be concluded and a lasting friendship
between them confirmed and perpetuated.
Congress having provided for a full mission to the States of Central
America, a minister was sent thither in July last. As yet he has had time
to visit only one of these States (Nicaragua), where he was received in the
most friendly manner. It is hoped that his presence and good offices will
have a benign effect in composing the dissensions which prevail among
them, and in establishing still more intimate and friendly relations be-
tween them respectively and between each of them and the United States.
Considering the vast regions of this continent and the number of
states which would be made accessible by the free navigation of the river
Amazon, particular attention has been given to this subject. Brazil,
through whose territories it passes into the ocean, has hitherto persisted
in a policy so restricted in regard to the use of this river as to obstruct
and nearly exclude foreign commercial intercourse with the States which
lie upon its tributaries and upper branches. Our minister to that coun-
try is instructed to obtain a relaxation of that policy and to use his
efforts to induce the Brazilian Government to open to common use, under
proper safeguards, this great natural highway for international trade.
Several of the South American States are deeply interested in this at-
tempt to secure the free navigation of the Amazon, and it is reasonable
to expect their cooperation in the measure. As the advantages of free
commercial intercourse among nations are better understood, more liberal
views are generally entertained as to the common rights of all to the free
use of those means which nature has provided for international commu-
nication. To these more liberal and enlightened views it is hoped that
Brazil will conform her policy and remove all unnecessary restrictions
upon the free use of a river which traverses so many states and so large
a part of the continent. I am happy to inform you that the Republic of
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Messages and Papers of the Presidents
Paraguay and the Argentine Confederation have yielded to the liberal
policy still resisted by Brazil in regard to the navigable rivers within
their respective territories. Treaties embracing this subject, among
others, have been negotiated with these Governments, which will be sub-
mitted to the Senate at the present session.
A new oranch of commerce, important to the agricultural interests of
the United States, has within a few years past been opened with Peru.
Notwithstanding the inexhaustible deposits of guano upon the islands
of that country, considerable difficulties are experienced in obtaining the
requisite supply. Measures have been taken to remove these difficulties
and to secure a more abundant importation of the article. Unfortunately,
there has been a serious collision between our citizens who have resorted
to the Chincha Islands for it and the Peruvian authorities stationed there.
Redress for the cutrages committed by the latter was promptly demanded
by our minister at Lima. This subject is now under consideration, and
there is reason to believe that Peru is disposed to offer adequate indem-
nity to the aggrieved parties.
We are thus not only at peace with all foreign countries, but, in regard
to political affairs, are exempt from any cause of serious disquietude in
our domestic relations.
The controversies which have agitated the country heretofore are pass-
ing away with the causes which produced them and the passions which
they had awakened; or, if any trace of them remains, it may be reason-
ably hoped that it will only be perceived in the zealous rivalry of all good
citizens to testify their respect for the rights of the States, their devotion
to the Union, and their common determination that each one of the States,
its institutions, its welfare, and its domestic peace, shall be held alike
secure under the sacred ægis of the Constitution.
This new league of amity and of mutual confidence and support into
which the people of the Republic have entered happily affords induce-
ment and opportunity for the adoption of a more comprehensive and
unembarrassed line of policy and action as to the great material interests
of the country, whether regarded in themselves or in connection with the
powers of the civilized world.
The United States have continued gradually and steadily to expand
through acquisitions of territory, which, how much soever some of them
may have been questioned, are now universally seen and admitted to
have been wise in policy, just in character, and a great element in the
advancement of our country, and with it of the human race, in freedom,
in prosperity, and in happiness. The thirteen States have grown to be
thirty-one, with relations reaching to Europe on the one side and on the
other to the distant realms of Asia.
I am deeply sensible of the immense responsibility which the present
magnitude of the Republic and the diversity and multiplicity of its inter-
ests devolves upon me, the alleviation of which so far as relates to the
Franklin Pierce
2746
immediate conduct of the public business, is, first, in my reliance on the
wisdom and patriotism of the two Houses of Congress, and, secondly, in
the directions afforded me by the principles of public polity affirmed by
our fathers of the epoch of 1798, sanctioned by long experience, and con-
secrated anew by the overwhelming voice of the people of the United
States.
Recurring to these principles, which constitute the organic basis of
union, we perceive that vast as are the functions and the duties of the
Federal Government, vested in or intrusted to its three great depart-
ments-the legislative, executive, and judicial-yet the substantive
power, the popular force, and the large capacities for social and material
development exist in the respective States, which, all being of themselves
well-constituted republics, as they preceded so they alone are capable of
maintaining and perpetuating the American Union. The Federal Gov-
ernment has its appropriate line of action in the specific and limited
powers conferred on it by the Constitution, chiefly as to those things
in which the States have a common interest in their relations to one
another and to foreign governments, while the great mass of interests
which belong to cultivated men-the ordinary business of life, the springs
of industry, all the diversified personal and domestic affairs of society-
rest securely upon the general reserved powers of the people of the sev-
eral States. There is the effective democracy of the nation, and there
the vital essence of its being and its greatness.
Of the practical consequences which flow from the nature of the Fed-
eral Government, the primary one is the duty of administering with
integrity and fidelity the high trust reposed in it by the Constitution,
especially in the application of the public funds as drawn by taxation from
the people and appropriated to specific objects by Congress.
Happily, I have no occasion to suggest any radical changes in the finan-
cial policy of the Government. Ours is almost, if not absolutely, the
solitary power of Christendom having a surplus revenue drawn immedi-
ately from imposts on commerce, and therefore measured by the spon-
taneous enterprise and national prosperity of the country, with such
indirect relation to agriculture, manufactures, and the products of the
earth and sea as to violate no constitutional doctrine and yet vigorously
promote the general welfare. Neither as to the sources of the public
treasure nor as to the manner of keeping and managing it does any
grave controversy now prevail, there being a general acquiescence in the
wisdom of the present system.
The report of the Secretary of the Treasury will exhibit in detail the
state of the public finances and the condition of the various branches of
the public service administered by that Department of the Government.
The revenue of the country, levied almost insensibly to the taxpayer,
goes on from year to year, increasing beyond either the interests or the
prospective wants of the Government.
2747
Messages and Papers of the Presidents
At the close of the fiscal year ending June 30, 1852, there remained in
the Treasury a balance of $14,632,136. The public revenue for the fis-
cal year ending June 30, 1853, amounted to $58,931,865 from customs
and to $2,405,708 from public lands and other miscellaneous sources,
amounting together to $61,337,574, while the public expenditures for
the same period, exclusive of payments on account of the public debt,
amounted to $43,554,262, leaving a balance of $32,425,447 of receipts
above expenditures.
This fact of increasing surplus in the Treasury became the subject
of anxious consideration at a very early period of my Administration,
and the path of duty in regard to it seemed to me obvious and clear,
namely: First, to apply the surplus revenue to the discharge of the pub-
lic debt so far as it could judiciously be done, and, secondly, to devise
means for the gradual reduction of the revenue to the standard of the
public exigencies.
Of these objects the first has been in the course of accomplishment in
a manner and to a degree highly satisfactory. The amount of the public
debt of all classes was on the 4th of March, 1853, $69,190,037, payments
on account of which have been made since that period to the amount of
$12,703,329, leaving unpaid and in continuous course of liquidation the
sum of $56,486,708. These payments, although made at the market price
of the respective classes of stocks, have been effected readily and to the
general advantage of the Treasury, and have at the same time proved of
signal utility in the relief they have incidentally afforded to the money
market and to the industrial and commercial pursuits of the country.
The second of the above-mentioned objects, that of the reduction of
the tariff, is of great importance, and the plan suggested by the Secretary
of the Treasury, which is to reduce the duties on certain articles and to
add to the free list many articles now taxed, and especially such as enter
into manufactures and are not largely, or at all, produced in the country,
is commended to your candid and careful consideration.
You will find in the report of the Secretary of the Treasury, also, abun-
dant proof of the entire adequacy of the present fiscal system to meet all
the requirements of the public service, and that, while properly admin-
istered, it operates to the advantage of the community in ordinary busi-
ness relations.
I respectfully ask your attention to sundry suggestions of improve-
ments in the settlement of accounts, especially as regards the large sums
of outstanding arrears due to the Government, and of other reforms in
the administrative action of his Department which are indicated by the
Secretary; as also to the progress made in the construction of marine
hospitals, custom-houses, and of a new mint in California and assay office.
in the city of New York, heretofore provided for by Congress, and also to
the eminently successful progress of the Coast Survey and of the Light-
House Board.
Franklin Pierce
2748
Among the objects meriting your attention will be important recom-
mendations from the Secretaries of War and Navy. I am fully satisfied
that the Navy of the United States is not in a condition of strength and
efficiency commensurate with the magnitude of our commercial and other
interests, and commend to your especial attention the suggestions on this
subject made by the Secretary of the Navy. I respectfully submit that
the Army, which under our system must always be regarded with the
highest interest as a nucleus around which the volunteer forces of the
nation gather in the hour of danger, requires augmentation, or modifica-
tion, to adapt it to the present extended limits and frontier relations of the
country and the condition of the Indian tribes in the interior of the con-
tinent, the necessity of which will appear in the communications of the
Secretaries of War and the Interior.
In the administration of the Post-Office Department for the fiscal year
ending June 30, 1853, the gross expenditure was $7,982,756, and the
gross receipts during the same period $5,942,734, showing that the cur-
rent revenue failed to meet the current expenses of the Department by
the sum of $2,042,032. The causes which, under the present postal sys-
tem and laws, led inevitably to this result are fully explained by the
report of the Postmaster-General, one great cause being the enormous
rates the Department has been compelled to pay for mail service ren-
dered by railroad companies.
The exhibit in the report of the Postmaster-General of the income and
expenditures by mail steamers will be found peculiarly interesting and of
a character to demand the immediate action of Congress.
Numerous and flagrant frauds upon the Pension Bureau have been
brought to light within the last year, and in some instances merited
punishments inflicted; but, unfortunately, in others guilty parties have
escaped, not through the want of sufficient evidence to warrant a convic-
tion, but in consequence of the provisions of limitation in the existing
laws.
From the nature of these claims, the remoteness of the tribunals to
pass upon them, and the mode in which the proof is of necessity fur-
nished, temptations to crime have been greatly stimulated by the obvious
difficulties of detection. The defects in the law upon this subject are so
apparent and so fatal to the ends of justice that your early action relat-
ing to it is most desirable.
During the last fiscal year 9,819,411 acres of the public lands have been
surveyed and 10,363,891 acres brought into market. Within the same
period the sales by public purchase and private entry amounted to 1,083,-
495 acres; located under military bounty-land warrants, 6, 142,360 acres;
located under other certificates, 9,427 acres; ceded to the States as swamp
lands, 16,684,253 acres; selected for railroad and other objects under acts
of Congress, 1,427,457 acres; total amount of lands disposed of within
the fiscal year, 25,346,902 acres, which is an increase in quantity sold and
2749
Messages and Papers of the Presidents
located under land warrants and grants of 12,231,818 acres over the fiscal
year immediately preceding. The quantity of land sold during the sec-
ond and third quarters of 1852 was 334,451 acres; the amount received
therefor was $623,687. The quantity sold the second and third quarters
of the year 1853 was 1,609,919 acres, and the amount received therefor
$2,226,876.
The whole number of land warrants issued under existing laws prior
to the 30th of September last was 266,042, of which there were outstand-
ing at that date 66,947. The quantity of land required to satisfy these
outstanding warrants is 4,778, 120 acres.
Warrants have been issued to 30th of September last under the act of
11th February, 1847, calling for 12,879,280 acres, under acts of Septem-
ber 28, 1850, and March 22, 1852, calling for 12,505,360 acres, making a
total of 25,384,640 acres.
It is believed that experience has verified the wisdom and justice of
the present system with regard to the public domain in most essential
particulars.
You will perceive from the report of the Secretary of the Interior that
opinions which have often been expressed in relation to the operation of
the land system as not being a source of revenue to the Federal Treasury
were erroneous. The net profits from the sale of the public lands to June
30, 1853, amounted to the sum of $53,289,465.
I recommend the extension of the land system over the Territories of
Utah and New Mexico, with such modifications as their peculiarities may
require.
Regarding our public domain as chiefly valuable to provide homes for
the industrious and enterprising, I am not prepared to recommend any
essential change in the land system, except by modifications in favor of
the actual settler and an extension of the preemption principle in certain
cases, for reasons and on grounds which will be fully developed in the
reports to be laid before you.
Congress, representing the proprietors of the territorial domain and
charged especially with power to dispose of territory belonging to the
United States, has for a long course of years, beginning with the Admin-
istration of Mr. Jefferson, exercised the power to construct roads within
the Territories, and there are so many and obvious distinctions between
this exercise of power and that of making roads within the States that
the former has never been considered subject to such objections as apply
to the latter; and such may now be considered the settled construction of
the power of the Federal Government upon the subject.
Numerous applications have been and no doubt will continue to be
made for grants of land in aid of the construction of railways. It is not
believed to be within the intent and meaning of the Constitution that
the power to dispose of the public domain should be used otherwise than
might be expected from a prudent proprietor, and therefore that grants
Franklin Pierce
2750
of land to aid in the construction of roads should be restricted to cases
where it would be for the interest of a proprietor under like circum-
stances thus to contribute to the construction of these works. For the
practical operation of such grants thus far in advancing the interests.
of the States in which the works are located, and at the same time the
substantial interests of all the other States, by enhancing the value and
promoting the rapid sale of the public domain, I refer you to the report
of the Secretary of the Interior. A careful examination, however, will
show that this experience is the result of a just discrimination and will be
far from affording encouragement to a reckless or indiscriminate exten-
sion of the principle.
I commend to your favorable consideration the men of genius of our
country who by their inventions and discoveries in science and arts have
contributed largely to the improvements of the age without, in many
instances, securing for themselves anything like an adequate reward.
For many interesting details upon this subject I refer you to the appro-
priate reports, and especially urge upon your early attention the appar-
ently slight, but really important, modifications of existing laws therein
suggested.
The liberal spirit which has so long marked the action of Congress in
relation to the District of Columbia will, I have no doubt, continue to be
manifested.
The erection of an asylum for the insane of the District of Columbia
and of the Army and Navy of the United States has been somewhat
retarded by the great demand for materials and labor during the past
summer, but full preparation for the reception of patients before the
return of another winter is anticipated; and there is the best reason to
believe, from the plan and contemplated arrangements which have been
devised, with the large experience furnished within the last few years in
relation to the nature and treatment of the disease, that it will prove
an asyluín indeed to this most helpless and afflicted class of sufferers
and stand as a noble monument of wisdom and mercy.
Under the acts of Congress of August 31, 1852, and of March 3, 1853,
designed to secure for the cities of Washington and Georgetown an abun-
dant supply of good and wholesome water, it became my duty to examine
the report and plans of the engineer who had charge of the surveys
under the act first named. The best, if not the only, plan calculated to
secure permanently the object sought was that which contemplates tak-
ing the water from the Great Falls of the Potomac, and consequently I
gave to it my approval.
For the progress and present condition of this important work and for
its demands so far as appropriations are concerned I refer you to the
report of the Secretary of War.
The present judicial system of the United States has now been in
operation for so long a period of time and has in its general theory and
2751
Messages and Papers of the Presidents
much of its details become so familiar to the country and acquired so
entirely the public confidence that if modified in any respect it should
only be in those particulars which may adapt it to the increased extent,
population, and legal business of the United States. In this relation the
organization of the courts is now confessedly inadequate to the duties
to be performed by them, in consequence of which the States of Florida,
Wisconsin, Iowa, Texas, and California, and districts of other States, are
in effect excluded from the full benefits of the general system by the
functions of the circuit court being devolved on the district judges in
all those States or parts of States.
The spirit of the Constitution and a due regard to justice require that
all the States of the Union should be placed on the same footing in
regard to the judicial tribunals. I therefore commend to your consid-
eration this important subject, which in my judgment demands the
speedy action of Congress. I will present to you, if deemed desirable,
a plan which I am prepared to recommend for the enlargement and mod-
ification of the present judicial system.
The act of Congress establishing the Smithsonian Institution provided
that the President of the United States and other persons therein desig-
nated should constitute an "establishment" by that name, and that the
members should hold stated and special meetings for the supervision of
the affairs of the Institution. The organization not having taken place,
it seemed to me proper that it should be effected without delay. This
has been done; and an occasion was thereby presented for inspecting the
condition of the Institution and appreciating its successful progress thus
far and its high promise of great and general usefulness.
I have omitted to ask your favorable consideration for the estimates
of works of a local character in twenty-seven of the thirty-one States,
amounting to $1,754,500, because, independently of the grounds which
have so often been urged against the application of the Federal revenue
for works of this character, inequality, with consequent injustice, is in-
herent in the nature of the proposition, and because the plan has proved
entirely inadequate to the accomplishment of the objects sought.
The subject of internal improvements, claiming alike the interest and
good will of all, has, nevertheless, been the basis of much political discus-
sion and has stood as a deep-graven line of division between statesmen
of eminent ability and patriotism. The rule of strict construction of all
powers delegated by the States to the General Government has arrayed
itself from time to time against the rapid progress of expenditures from
the National Treasury on works of a local character within the States.
Memorable as an epoch in the history of this subject is the message of
President Jackson of the 27th of May, 1830, which met the system of in-
ternal improvements in its comparative infancy; but so rapid had been
its growth that the projected appropriations in that year for works of this
character had risen to the alarming amount of more than $100,000,000.
Franklin Pierce
2752
In that message the President admitted the difficulty of bringing back
the operations of the Government to the construction of the Constitution
set up in 1798, and marked it as an admonitory proof of the necessity of
guarding that instrument with sleepless vigilance against the authority
of precedents which had not the sanction of its most plainly defined
powers.
Our Government exists under a written compact between sovereign
States, uniting for specific objects and with specific grants to their gen-
eral agent. If, then, in the progress of its administration there have
been departures from the terms and intent of the compact, it is and will
ever be proper to refer back to the fixed standard which our fathers left
us and to make a stern effort to conform our action to it. It would seem
that the fact of a principle having been resisted from the first by many of
the wisest and most patriotic men of the Republic, and a policy having
provoked constant strife without arriving at a conclusion which can be
regarded as satisfactory to its most earnest advocates, should suggest the
inquiry whether there may not be a plan likely to be crowned by happier
results. Without perceiving any sound distinction or intending to assert
any principle as opposed to improvements needed for the protection of
internal commerce which does not equally apply to improvements upon
the seaboard for the protection of foreign commerce, I submit to you
whether it may not be safely anticipated that if the policy were once set-
tled against appropriations by the General Government for local improve-
ments for the benefit of commerce, localities requiring expenditures would
not, by modes and means clearly legitimate and proper, raise the fund
necessary for such constructions as the safety or other interests of their
commerce might require.
If that can be regarded as a system which in the experience of mere
than thirty years has at no time so commanded the public judgment as
to give it the character of a settled policy; which, though it has produced
some works of conceded importance, has been attended with an expendi-
ture quite disproportionate to their value and has resulted in squander-
ing large sums upon objects which have answered no valuable purpose,
the interests of all the States require it to be abandoned unless hopes
may be indulged for the future which find no warrant in the past.
With an anxious desire for the completion of the works which are re-
garded by all good citizens with sincere interest, I have deemed it my
duty to ask at your hands a deliberate reconsideration of the question,
with a hope that, animated by a desire to promote the permanent and sub-
stantial interests of the country, your wisdom may prove equal to the task
of devising and maturing a plan which, applied to this subject, may prom-
ise something better than constant strife, the suspension of the powers
of local enterprise, the exciting of vain hopes, and the disappointment of
cherished expectations.
In expending the appropriations made by the last Congress several
2753
Messages and Papers of the Presidents
cases have arisen in relation to works for the improvement of harbors
which involve questions as to the right of soil and jurisdiction, and have
threatened conflict between the authority of the State and General Gov-
ernments. The right to construct a breakwater, jetty, or dam would
seem necessarily to carry with it the power to protect and preserve such
constructions. This can only be effectually done by having jurisdiction
over the soil. But no clause of the Constitution is found on which to
rest the claim of the United States to exercise jurisdiction over the soil
of a State except that conferred by the eighth section of the first article
of the Constitution. It is, then, submitted whether, in all cases where
constructions are to be erected by the General Government, the right of
soil should not first be obtained and legislative provision be made to
cover all such cases.
For the progress made in the construction of roads within the Territo-
ries, as provided for in the appropriations of the last Congress, I refer
you to the report of the Secretary of War.
There is one subject of a domestic nature which, from its intrinsic
importance and the many interesting questions of future policy which
it involves, can not fail to receive your early attention. I allude to the
means of communication by which different parts of the wide expanse
of our country are to be placed in closer connection for purposes both of
defense and commercial intercourse, and more especially such as apper-
tain to the communication of those great divisions of the Union which lie
on the opposite sides of the Rocky Mountains.
That the Government has not been unmindful of this heretofore is
apparent from the aid it has afforded through appropriations for mail
facilities and other purposes. But the general subject will now present
itself under aspects more imposing and more purely national by reason of
the surveys ordered by Congress, and now in the process of completion,
for communication by railway across the continent, and wholly within
the limits of the United States.
The power to declare war, to raise and support armies, to provide and
maintain a navy, and to call forth the militia to execute the laws, sup-
press insurrections, and repel invasions was conferred upon Congress
as means to provide for the common defense and to protect a territory
and a population now widespread and vastly multiplied. As incidental
to and indispensable for the exercise of this power, it must sometimes be
necessary to construct military roads and protect harbors of refuge. To
appropriations by Congress for such objects no sound objection can be
raised. Happily for our country, its peaceful policy and rapidly increas-
ing population impose upon us no urgent necessity for preparation, and
leave but few trackless deserts between assailable points and a patriotic
people ever ready and generally able to protect them. These necessary
links the enterprise and energy of our people are steadily and boldly strug-
gling to supply. All experience affirms that wherever private enterprise
1818
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