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A Compilation of the Messages and Papers of the Presidents, Volume by James D. Richardson

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by his Government."

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

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

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

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

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

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

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

Z. TAYLOR.

WASHINGTON, _March 26, 1850_.

_To the House of Representatives of the United States:_

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

[Footnote 4a: On California affairs.]

Z. TAYLOR.

WASHINGTON, _March 28, 1850_.

_To the Senate of the United States:_

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

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

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

Z. TAYLOR.

WASHINGTON, _April 3, 1850_.

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

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

Z. TAYLOR.

WASHINGTON, _April 22, 1850_.

_To the Senate of the United States:_

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

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

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

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

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

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

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

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

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

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

Z. TAYLOR.

WASHINGTON, _May 6, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _May 7, 1850_.

_To the House of Representatives of the United States:_

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

Z. TAYLOR.

WASHINGTON, _May 8, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _May 18, 1850_.

_To the House of Representatives of the United States:_

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

Z. TAYLOR.

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

WASHINGTON, _May 20, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _May 22, 1850_.

_To the Senate of the United States:_

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

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

Z. TAYLOR.

WASHINGTON, _May 24, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _May 29, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _June 3, 1850_.

_To the Senate of the United States:_

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

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

Z. TAYLOR.

WASHINGTON, _June 10, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _June 13, 1850_.

_To the House of Representatives of the United States:_

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

Z. TAYLOR.

WASHINGTON, _June 17, 1850_.

_To the Senate of the United States:_

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

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

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

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

Z. TAYLOR.

WASHINGTON, _June 26, 1850_.

_To the House of Representatives of the United States:_

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

Z. TAYLOR.

WASHINGTON, _June 27, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _July 1, 1850_.

_To the House of Representatives of the United States:_

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

Z. TAYLOR.

WASHINGTON, _July 1, 1850_.

_To the Senate of the United States:_

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

Z. TAYLOR.

WASHINGTON, _July 2, 1850_.

_To the Senate of the United States:_

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

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

Z. TAYLOR.

PROCLAMATIONS.

ZACHARY TAYLOR, PRESIDENT OF THE UNITED STATES OF AMERICA.

_To all whom it may concern:_

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

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

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

[SEAL.]

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

Z. TAYLOR.

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

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

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

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

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

[SEAL.]

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

Z. TAYLOR.

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

DEATH OF PRESIDENT TAYLOR.

ANNOUNCEMENT TO MR. FILLMORE.

[From official records in the State Department.]

DEPARTMENT OF STATE,

_Washington, July 9, 1850_.

MILLARD FILLMORE,

_President of the United States_.

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

We have the honor to be, etc.,

JOHN M. CLAYTON,
_Secretary of State_.

W.M. MEREDITH,
_Secretary of the Treasury_.

T. EWING,
_Secretary of the Interior_.

GEO. W. CRAWFORD,
_Secretary of War_.

WM. BALLARD PRESTON,
_Secretary of the Navy_.

J. COLLAMER,
_Postmaster-General_.

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

REPLY OF MR. FILLMORE.

[From official records in the State Department.]

WASHINGTON, _July 9, 1850_.

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

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

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

I am, gentlemen, etc.,

MILLARD FILLMORE.

COMMUNICATION TO THE SENATE FROM MR. FILLMORE.

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

WASHINGTON, _July 10, 1850_.

_To the Senate of the United States:_

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

MILLARD FILLMORE

ANNOUNCEMENT TO CONGRESS.

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

WASHINGTON, _July 10, 1850_.

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

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

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

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

MILLARD FILLMORE.

ANNOUNCEMENT TO REPRESENTATIVES OF THE UNITED STATES ABROAD.

[From official records in the State Department]

CIRCULAR.

DEPARTMENT OF STATE,

_Washington, July 10, 1850._

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

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

I am, sir, respectfully, your obedient servant,

JOHN M. CLAYTON.

ANNOUNCEMENT TO REPRESENTATIVES OF FOREIGN GOVERNMENTS IN THE UNITED
STATES.

[From official records in the State Department.]

CIRCULAR.

DEPARTMENT OF STATE,

_Washington, July 10, 1850._

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

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

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

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

JOHN M. CLAYTON.

ANNOUNCEMENT TO THE ARMY.

[From official records in the War Department.]

GENERAL ORDERS, No. 21.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

_Washington July 11, 1850_.

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

WAR DEPARTMENT, _July 11, 1850_.

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

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

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

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

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

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

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

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

By order of the President:

GEORGE W. CRAWFORD,

_Secretary of War_.

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

The national flag will be displayed at half-staff.

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

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

By order: R. JONES,

_Adjutant-General._

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

ORDER OF THE PRESIDENT.

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

WASHINGTON, _July 10, 1850_.

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

MILLARD FILLMORE.

ACTION OF CONGRESS.

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

RESOLUTION OF THE SENATE.

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

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

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

RESOLUTION OF THE HOUSE OF REPRESENTATIVES.

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

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

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

OFFICIAL ARRANGEMENTS FOR THE FUNERAL.

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

WASHINGTON, _July 11, 1850_.

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

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

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

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

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

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

ORDER OF THE PROCESSION.

FUNERAL ESCORT.

(In column of march.)

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

CIVIC PROCESSION.

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

The mayors of Washington and Georgetown.

The Committee of Arrangements of the two Houses of Congress.

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

Attending physicians to the late President.

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

The horse used by General Taylor in the late war.

Family and relatives of the late President.

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

The Sergeant-at-Arms of the Senate.

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

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

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

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

The diplomatic corps.

Governors of States and Territories.

Ex-members of Congress.

Members of State legislatures.

District judges of the United States.

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

The judges of the several States.

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

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

Clergy of the District of Columbia and elsewhere.

Officers and soldiers of the Revolution.

Corporate authorities of Washington.

Corporate authorities of Georgetown.

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

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

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

Citizens and strangers.

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

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

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

[From official records in the War Department.]

GENERAL ORDERS, No. 22.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

_Washington, July 11, 1850_.

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

By order of the Secretary of War:

R. JONES,

_Adjutant-General._

GENERAL ORDERS.

HEADQUARTERS OF THE ARMY,

ADJUTANT-GENERAL'S OFFICE,

_Washington, July 12, 1850_.

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

ORDER OF THE MILITARY PROCESSION.

FUNERAL ESCORT.

(In column of march.)

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

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

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

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

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

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

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

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

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

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

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

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

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

By command of Major-General Scott:

R. JONES,

_Adjutant-General_.

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

GENERAL ORDER.

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

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

WALTER JONES,
_Major-General Militia District of Columbia_.

RESOLUTION OF CONDOLENCE BY CONGRESS.

[From original in the State Department.]

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

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

Millard Fillmore

July 10, 1850, to March 4, 1853

Millard Fillmore

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

SPECIAL MESSAGES.

WASHINGTON, _July 10, 1850_.

_Fellow-Citizens of the Senate and House of Representatives_:

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

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

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

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

MILLARD FILLMORE.

WASHINGTON, _July 15, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE.

WASHINGTON, _July 17, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE.

WASHINGTON, _July 17, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE.

WASHINGTON, _July 18, 1850_.

_To the House of Representatives of the United States_:

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

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

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

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

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

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

MILLARD FILLMORE.

WASHINGTON, _July 20, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE.

WASHINGTON, _July 23, 1850_.

_To the Senate of the United States_:

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

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

MILLARD FILLMORE.

WASHINGTON, _July 30, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE

WASHINGTON, _August 2, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE.

WASHINGTON, _August 6, 1850_.

_To the Senate and House of Representatives_:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Constitution of the United States declares that--

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

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

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

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

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

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

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

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

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

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

The ninth article of the treaty is in these words:

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

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

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

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

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

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

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

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

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

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

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

MILLARD FILLMORE.

WASHINGTON, _August 8, 1850_.

_To the Senate and House of Representatives_:

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

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

MILLARD FILLMORE.

WASHINGTON, _August 10, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE.

WASHINGTON, _August 24, 1850_.

_To the Senate of the United States_:

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

MILLARD FILLMORE.

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