evasion of our laws, no opportunity afforded to any who may be disposed to take advantage of it to compromit the interest or the honor of the nation.
The crime of setting on foot or providing the means for a military expedition within the United States to make war against a foreign state with which we are at peace is one of an aggravated and dangerous character, and early engaged the attention of Congress. Whether the executive government possesses any, or what, power under the Constitution, independently of Congress, to prevent or punish this and similar offenses against the law of nations was a subject which engaged the attention of our most eminent statesmen in the time of the Administration of General Washington and on the occasion of the French Revolution. The act of Congress of the 5th of June, 1794, fortunately removed all the difficulties on this question which had theretofore existed. The fifth and seventh sections of this act, which relate to the present question, are the same in substance with the sixth and eighth sections of the act of April 20, 1818, and have now been in force for a period more than sixty years.
The military expedition rendered criminal by the act must have its origin, must “begin” or be “set on foot,” in the United States; but the great object of the law was to save foreign states with whom we were at peace from the ravages of these lawless expeditions proceeding from our shores. The seventh section alone, therefore, which simply defines the crime and its punishment, would have been inadequate to accomplish this purpose and enforce our international duties. In order to render the law effectual it was necessary to prevent “the carrying on” of such expeditions to their consummation after they had succeeded in leaving our shores. This has been done effectually and in clear and explicit language by the authority given to the President under the eighth section of the act to employ the land and naval forces of the United States “for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state or of any colony, district, or people with whom the United States are at peace.”
For these reasons, had Commodore Paulding intercepted the steamer _Fashion_, with General Walker and his command on board, at any period before they entered the port of San Juan de Nicaragua and conducted them back to Mobile, this would have prevented them from “carrying on” the expedition and have been not only a justifiable but a praiseworthy act.
The crime well deserves the punishment inflicted upon it by our laws. It violates the principles of Christianity, morality, and humanity, held sacred by all civilized nations and by none more than by the people of the United States. Disguise it as we may, such a military expedition is an invitation to reckless and lawless men to enlist under the banner of any adventurer to rob, plunder, and murder the unoffending citizens of neighboring states, who have never done them harm. It is a usurpation of the war-making power, which belongs alone to Congress; and the Government itself, at least in the estimation of the world, becomes an accomplice in the commission of this crime unless it adopts all the means necessary to prevent and to punish it.
It would be far better and more in accordance with the bold and manly character of our countrymen for the Government itself to get up such expeditions than to allow them to proceed under the command of irresponsible adventurers. We could then at least exercise some control over our own agents and prevent them from burning down cities and committing other acts of enormity of which we have read.
The avowed principle which lies at the foundation of the law of nations is contained in the divine command that “all things whatsoever ye would that men should do to you do ye even so to them.” Tried by this unerring rule, we should be severely condemned if we shall not use our best exertions to arrest such expeditions against our feeble sister Republic of Nicaragua. One thing is very certain, that a people never existed who would call any other nation to a stricter account than we should ourselves for tolerating lawless expeditions from their shores to make war upon any portion of our territories. By tolerating such expeditions we shall soon lose the high character which we have enjoyed ever since the days of Washington for the faithful performance of our international obligations and duties, and inspire distrust against us among the members of the great family of civilized nations.
But if motives of duty were not sufficient to restrain us from engaging in such lawless enterprises, our evident interest ought to dictate this policy. These expeditions are the most effectual mode of retarding American progress, although to promote this is the avowed object of the leaders and contributors in such undertakings.
It is beyond question the destiny of our race to spread themselves over the continent of North America, and this at no distant day should events be permitted to take their natural course. The tide of emigrants will flow to the south, and nothing can eventually arrest its progress. If permitted to go there peacefully, Central America will soon contain an American population which will confer blessings and benefits as well upon the natives as their respective Governments. Liberty under the restraint of law will preserve domestic peace, whilst the different transit routes across the Isthmus, in which we are so deeply interested, will have assured protection.
Nothing has retarded this happy condition of affairs so much as the unlawful expeditions which have been fitted out in the United States to make war upon the Central American States. Had one-half the number of American citizens who have miserably perished in the first disastrous expedition of General Walker settled in Nicaragua as peaceful emigrants, the object which we all desire would ere this have been in a great degree accomplished. These expeditions have caused the people of the Central American States to regard us with dread and suspicion. It is our true policy to remove this apprehension and to convince them that we intend to do them good, and not evil. We desire, as the leading power on this continent, to open and, if need be, to protect every transit route across the Isthmus, not only for our own benefit, but that of the world, and thus open a free access to Central America, and through it to our Pacific possessions. This policy was commenced under favorable auspices when the expedition under the command of General Walker escaped from our territories and proceeded to Punta Arenas. Should another expedition of a similar character again evade the vigilance of our officers and proceed to Nicaragua, this would be fatal, at least for a season, to the peaceful settlement of these countries and to the policy of American progress. The truth is that no Administration can successfully conduct the foreign affairs of the country in Central America or anywhere else if it is to be interfered with at every step by lawless military expeditions “set on foot” in the United States.
JAMES BUCHANAN
WASHINGTON, _January 11, 1858_.
_To the Senate and House of Representatives of the United States_:
I have received from Samuel Medary, governor of the Territory of Minnesota, a copy of the constitution of Minnesota, “together with an abstract of the votes polled for and against said constitution” at the election held in that Territory on the second Tuesday of October last, certified by the governor in due form, which I now lay before Congress in the manner prescribed by that instrument.
Having received but a single copy of the constitution, I transmit this to the Senate.
JAMES BUCHANAN
WASHINGTON, _January 11, 1858_.
_To the House of Representatives_:
I herewith transmit to the House of Representatives the reports of the Secretaries of State, of the Treasury, of the Navy, and of the Attorney-General, with the accompanying documents, containing the information called for by the resolution of the House of the 4th instant, concerning “the late seizure of General William Walker and his followers in Nicaragua,” etc.
JAMES BUCHANAN.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States and the Republic of Peru, signed on the 4th July last at Lima by the plenipotentiaries of the contracting parties, with regard to the interpretation to be given to article 12 of the treaty of the 26th July, 1851.
JAMES BUCHANAN.
JANUARY 12, 1858.
WASHINGTON, _January 14, 1858_.
_To the Senate and House of Representatives_:
I transmit to Congress a copy of a convention between the United States and His Majesty the King of Denmark, for the discontinuance of the Sound dues, the ratifications of which were exchanged in this city on the 12th instant, and recommend that an appropriation be made to enable the Executive seasonably to carry into effect the stipulations in regard to the sums payable to His Danish Majesty’s Government.
JAMES BUCHANAN.
WASHINGTON, _January 27, 1858_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 7th instant, requesting information on the subject of contracts made in Europe for inland-passage tickets for intending emigrants to the United States, I transmit a report from the Secretary of State and the documents by which it was accompanied.
JAMES BUCHANAN.
WASHINGTON, _January 28, 1858_.
_To the House of Representatives_:
I herewith transmit to the House of Representatives a report from the Secretary of the Interior, under date of the 27th instant, with the accompanying papers, in compliance with a resolution adopted by the House on the 18th instant, requesting the President to communicate to that body “whether the census of the Territory of Minnesota has been taken in accordance with the provisions of the fourth section of the act of Congress providing for the admission of Minnesota as a State, approved February 26, 1857, and if said census has been taken and returned to him or any Department of the Government to communicate the same to this House, and if the said census has not been so taken and returned to state the reasons, if any exist to his knowledge, why it has not been done.”
JAMES BUCHANAN.
WASHINGTON, _February 2, 1858_.
_To the Senate and House of Representatives of the United States_:
I have received from J. Calhoun, esq., president of the late constitutional convention of Kansas, a copy, duly certified by himself, of the constitution framed by that body, with the expression of a hope that I would submit the same to the consideration of Congress “with the view of the admission of Kansas into the Union as an independent State.” In compliance with this request, I herewith transmit to Congress, for their action, the constitution of Kansas, with the ordinance respecting the public lands, as well as the letter of Mr. Calhoun, dated at Lecompton on the 14th ultimo, by which they were accompanied. Having received but a single copy of the constitution and ordinance, I send this to the Senate.
A great delusion seems to pervade the public mind in relation to the condition of parties in Kansas. This arises from the difficulty of inducing the American people to realize the fact that any portion of them should be in a state of rebellion against the government under which they live. When we speak of the affairs of Kansas, we are apt to refer merely to the existence of two violent political parties in that Territory, divided on the question of slavery, just as we speak of such parties in the States. This presents no adequate idea of the true state of the case. The dividing line there is not between two political parties, both acknowledging the lawful existence of the government, but between those who are loyal to this government and those who have endeavored to destroy its existence by force and by usurpation–between those who sustain and those who have done all in their power to overthrow the Territorial government established by Congress. This government they would long since have subverted had it not been protected from their assaults by the troops of the United States. Such has been the condition of affairs since my inauguration. Ever since that period a large portion of the people of Kansas have been in a state of rebellion against the government, with a military leader at their head of a most turbulent and dangerous character. They have never acknowledged, but have constantly renounced and defied, the government to which they owe allegiance, and have been all the time in a state of resistance against its authority. They have all the time been endeavoring to subvert it and to establish a revolutionary government, under the so-called Topeka constitution, in its stead. Even at this very moment the Topeka legislature are in session. Whoever has read the correspondence of Governor Walker with the State Department, recently communicated to the Senate, will be convinced that this picture is not overdrawn. He always protested against the withdrawal of any portion of the military force of the United States from the Territory, deeming its presence absolutely necessary for the preservation of the regular government and the execution of the laws. In his very first dispatch to the Secretary of State, dated June 2, 1857, he says:
The most alarming movement, however, proceeds from the assembling on the 9th June of the so-called Topeka legislature, with a view to the enactment of an entire code of laws. Of course it will be my endeavor to prevent such a result, as it would lead to inevitable and disastrous collision, and, in fact, renew the civil war in Kansas.
This was with difficulty prevented by the efforts of Governor Walker; but soon thereafter, on the 14th of July, we find him requesting General Harney to furnish him a regiment of dragoons to proceed to the city of Lawrence; and this for the reason that he had received authentic intelligence, verified by his own actual observation, that a dangerous rebellion had occurred, “involving an open defiance of the laws and the establishment of an insurgent government in that city.”
In the governor’s dispatch of July 15 he informs the Secretary of State that–
This movement at Lawrence was the beginning of a plan, originating in that city, to organize insurrection throughout the Territory, and especially in all towns, cities, or counties where the Republican party have a majority. Lawrence is the hotbed of all the abolition movements in this Territory. It is the town established by the abolition societies of the East, and whilst there are respectable people there, it is filled by a considerable number of mercenaries who are paid by abolition societies to perpetuate and diffuse agitation throughout Kansas and prevent a peaceful settlement of this question. Having failed in inducing their own so-called Topeka State legislature to organize this insurrection, Lawrence has commenced it herself, and if not arrested the rebellion will extend throughout the Territory.
And again:
In order to send this communication immediately by mail, I must close by assuring you that the spirit of rebellion pervades the great mass of the Republican party of this Territory, instigated, as I entertain no doubt they are, by Eastern societies, having in view results most disastrous to the government and to the Union; and that the continued presence of General Harney here is indispensable, as originally stipulated by me, with a large body of dragoons and several batteries.
On the 20th July, 1857, General Lane, under the authority of the Topeka convention, undertook, as Governor Walker informs us–
to organize the whole so-called Free-State party into volunteers and to take the names of all who refuse enrollment. The professed object is to protect the polls, at the election in August, of the new insurgent Topeka State legislature.
* * * * *
The object of taking the names of all who refuse enrollment is to terrify the Free-State conservatives into submission. This is proved by recent atrocities committed on such men by Topekaites. The speedy location of large bodies of regular troops here, with two batteries, is necessary. The Lawrence insurgents await the development of this new revolutionary military organization….
In the governor’s dispatch of July 27 he says that “General Lane and his staff everywhere deny the authority of the Territorial laws and counsel a total disregard of these enactments.”
Without making further quotations of a similar character from other dispatches of Governor Walker, it appears by a reference to Mr. Stanton’s communication to General Cass of the 9th of December last that the “important step of calling the legislature together was taken after I [he] had become satisfied that the election ordered by the convention on the 21st instant could not be conducted without collision and bloodshed.” So intense was the disloyal feeling among the enemies of the government established by Congress that an election which afforded them an opportunity, if in the majority, of making Kansas a free State, according to their own professed desire, could not be conducted without collision and bloodshed.
The truth is that up till the present moment the enemies of the existing government still adhere to their Topeka revolutionary constitution and government. The very first paragraph of the message of Governor Robinson, dated on the 7th of December, to the Topeka legislature now assembled at Lawrence contains an open defiance of the Constitution and laws of the United States. The governor says:
The convention which framed the constitution at Topeka originated with the people of Kansas Territory. They have adopted and ratified the same twice by a direct vote, and also indirectly through two elections of State officers and members of the State legislature. Yet it has pleased the Administration to regard the whole proceeding revolutionary.
This Topeka government, adhered to with such treasonable pertinacity, is a government in direct opposition to the existing government prescribed and recognized by Congress. It is a usurpation of the same character as it would be for a portion of the people of any State of the Union to undertake to establish a separate government within its limits for the purpose of redressing any grievance, real or imaginary, of which they might complain against the legitimate State government. Such a principle, if carried into execution, would destroy all lawful authority and produce universal anarchy.
From this statement of facts the reason becomes palpable why the enemies of the government authorized by Congress have refused to vote for delegates to the Kansas constitutional convention, and also afterwards on the question of slavery, submitted by it to the people. It is because they have ever refused to sanction or recognize any other constitution than that framed at Topeka.
Had the whole Lecompton constitution been submitted to the people the adherents of this organization would doubtless have voted against it, because if successful they would thus have removed an obstacle out of the way of their own revolutionary constitution. They would have done this, not upon a consideration of the merits of the whole or any part of the Lecompton constitution, but simply because they have ever resisted the authority of the government authorized by Congress, from which it emanated.
Such being the unfortunate condition of affairs in the Territory, what was the right as well as the duty of the law-abiding people? Were they silently and patiently to submit to the Topeka usurpation, or adopt the necessary measures to establish a constitution under the authority of the organic law of Congress?
That this law recognized the right of the people of the Territory, without any enabling act from Congress, to form a State constitution is too clear for argument. For Congress “to leave the people of the Territory perfectly free,” in framing their constitution, “to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States,” and then to say that they shall not be permitted to proceed and frame a constitution in their own way without an express authority from Congress, appears to be almost a contradiction in terms. It would be much more plausible to contend that Congress had no power to pass such an enabling act than to argue that the people of a Territory might be kept out of the Union for an indefinite period, and until it might please Congress to permit them to exercise the right of self-government. This would be to adopt not “their own way,” but the way which Congress might prescribe.
It is impossible that any people could have proceeded with more regularity in the formation of a constitution than the people of Kansas have done. It was necessary, first, to ascertain whether it was the desire of the people to be relieved from their Territorial dependence and establish a State government. For this purpose the Territorial legislature in 1855 passed a law “for taking the sense of the people of this Territory upon the expediency of calling a convention to form a State constitution,” at the general election to be held in October, 1856. The “sense of the people” was accordingly taken and they decided in favor of a convention. It is true that at this election the enemies of the Territorial government did not vote, because they were then engaged at Topeka, without the slightest pretext of lawful authority, in framing a constitution of their own for the purpose of subverting the Territorial government.
In pursuance of this decision of the people in favor of a convention, the Territorial legislature, on the 27th day of February, 1857, passed an act for the election of delegates on the third Monday of June, 1857, to frame a State constitution. This law is as fair in its provisions as any that ever passed a legislative body for a similar purpose. The right of suffrage at this election is clearly and justly defined. “Every _bona fide_ inhabitant of the Territory of Kansas,” on the third Monday of June, the day of the election, who was a citizen of the United States above the age of 21, and had resided therein for three months previous to that date, was entitled to vote. In order to avoid all interference from neighboring States or Territories with the freedom and fairness of the election, provision was made for the registry of the qualified voters, and in pursuance thereof 9,251 voters were registered. Governor Walker did his whole duty in urging all the qualified citizens of Kansas to vote at this election. In his inaugural address, on the 27th May last, he informed them that–
Under our practice the preliminary act of framing a State constitution is uniformly performed through the instrumentality of a convention of delegates chosen by the people themselves. That convention is now about to be elected by you under the call of the Territorial legislature, created and still recognized by the authority of Congress and clothed by it, in the comprehensive language of the organic law, with full power to make such an enactment. The Territorial legislature, then, in assembling this convention, were fully sustained by the act of Congress, and the authority of the convention is distinctly recognized in my instructions from the President of the United States.
The governor also clearly and distinctly warns them what would be the consequences if they should not participate in the election.
The people of Kansas, then [he says], are invited by the highest authority known to the Constitution to participate freely and fairly in the election of delegates to frame a constitution and State government. The law has performed its entire appropriate function when it extends to the people the right of suffrage, but it can not compel the performance of that duty. Throughout our whole Union, however, and wherever free government prevails those who abstain from the exercise of the right of suffrage authorize those who do vote to act for them in that contingency; and the absentees are as much bound under the law and Constitution, where there is no fraud or violence, by the act of the majority of those who do vote as if all had participated in the election. Otherwise, as voting must be voluntary, self-government would be impracticable and monarchy or despotism would remain as the only alternative.
It may also be observed that at this period any hope, if such had existed, that the Topeka constitution would ever be recognized by Congress must have been abandoned. Congress had adjourned on the 3d March previous, having recognized the legal existence of the Territorial legislature in a variety of forms, which I need not enumerate. Indeed, the Delegate elected to the House of Representatives under a Territorial law had been admitted to his seat and had just completed his term of service on the day previous to my inauguration.
This was the propitious moment for settling all difficulties in Kansas. This was the time for abandoning the revolutionary Topeka organization and for the enemies of the existing government to conform to the laws and to unite with its friends in framing a State constitution; but this they refused to do, and the consequences of their refusal to submit to lawful authority and vote at the election of delegates may yet prove to be of a most deplorable character. Would that the respect for the laws of the land which so eminently distinguished the men of the past generation could be revived. It is a disregard and violation of law which have for years kept the Territory of Kansas in a state of almost open rebellion against its government. It is the same spirit which has produced actual rebellion in Utah. Our only safety consists in obedience and conformity to law. Should a general spirit against its enforcement prevail, this will prove fatal to us as a nation. We acknowledge no master but the law, and should we cut loose from its restraints and everyone do what seemeth good in his own eyes our case will indeed be hopeless.
The enemies of the Territorial government determined still to resist the authority of Congress. They refused to vote for delegates to the convention, not because, from circumstances which I need not detail, there was an omission to register the comparatively few voters who were inhabitants of certain counties of Kansas in the early spring of 1857, but because they had predetermined at all hazards to adhere to their revolutionary organization and defeat the establishment of any other constitution than that which they had framed at Topeka. The election was therefore suffered to pass by default. But of this result the qualified electors who refused to vote can never justly complain.
From this review it is manifest that the Lecompton convention, according to every principle of constitutional law, was legally constituted and was invested with power to frame a constitution.
The sacred principle of popular sovereignty has been invoked in favor of the enemies of law and order in Kansas. But in what manner is popular sovereignty to be exercised in this country if not through the instrumentality of established law? In certain small republics of ancient times the people did assemble in primary meetings, passed laws, and directed public affairs. In our country this is manifestly impossible. Popular sovereignty can be exercised here only through the ballot box; and if the people will refuse to exercise it in this manner, as they have done in Kansas at the election of delegates, it is not for them to complain that their rights have been violated.
The Kansas convention, thus lawfully constituted, proceeded to frame a constitution, and, having completed their work, finally adjourned on the 7th day of November last. They did not think proper to submit the whole of this constitution to a popular vote, but they did submit the question whether Kansas should be a free or a slave State to the people. This was the question which had convulsed the Union and shaken it to its very center. This was the question which had lighted up the flames of civil war in Kansas and had produced dangerous sectional parties throughout the Confederacy. It was of a character so paramount in respect to the condition of Kansas as to rivet the anxious attention of the people of the whole country upon it, and it alone. No person thought of any other question. For my own part, when I instructed Governor Walker in general terms in favor of submitting the constitution to the people, I had no object in view except the all-absorbing question of slavery. In what manner the people of Kansas might regulate their other concerns was not a subject which attracted any attention. In fact, the general provisions of our recent State constitutions, after an experience of eight years, are so similar and so excellent that it would be difficult to go far wrong at the present day in framing a new constitution.
I then believed and still believe that under the organic act the Kansas convention were bound to submit this all-important question of slavery to the people. It was never, however, my opinion that, independently of this act, they would have been bound to submit any portion of the constitution to a popular vote in order to give it validity. Had I entertained such an opinion, this would have been in opposition to many precedents in our history, commencing in the very best age of the Republic. It would have been in opposition to the principle which pervades our institutions, and which is every day carried out into practice, that the people have the right to delegate to representatives chosen by themselves their sovereign power to frame constitutions, enact laws, and perform many other important acts without requiring that these should be subjected to their subsequent approbation. It would be a most inconvenient limitation of their own power, imposed by the people upon themselves, to exclude them from exercising their sovereignty in any lawful manner they think proper. It is true that the people of Kansas might, if they had pleased, have required the convention to submit the constitution to a popular vote; but this they have not done. The only remedy, therefore, in this case is that which exists in all other similar cases. If the delegates who framed the Kansas constitution have in any manner violated the will of their constituents, the people always possess the power to change their constitution or their laws according to their own pleasure.
The question of slavery was submitted to an election of the people of Kansas on the 21st December last, in obedience to the mandate of the constitution. Here again a fair opportunity was presented to the adherents of the Topeka constitution, if they were the majority, to decide this exciting question “in their own way” and thus restore peace to the distracted Territory; but they again refused to exercise their right of popular sovereignty, and again suffered the election to pass by default.
I heartily rejoice that a wiser and better spirit prevailed among a large majority of these people on the first Monday of January, and that they did on that day vote under the Lecompton constitution for a governor and other State officers, a Member of Congress, and for members of the legislature. This election was warmly contested by the parties, and a larger vote was polled than at any previous election in the Territory. We may now reasonably hope that the revolutionary Topeka organization will be speedily and finally abandoned, and this will go far toward the final settlement of the unhappy differences in Kansas. If frauds have been committed at this election, either by one or both parties, the legislature and the people of Kansas, under their constitution, will know how to redress themselves and punish these detestable but too common crimes without any outside interference.
The people of Kansas have, then, “in their own way” and in strict accordance with the organic act, framed a constitution and State government, have submitted the all-important question of slavery to the people, and have elected a governor, a Member to represent them in Congress, members of the State legislature, and other State officers. They now ask admission into the Union under this constitution, which is republican in its form. It is for Congress to decide whether they will admit or reject the State which has thus been created. For my own part, I am decidedly in favor of its admission, and thus terminating the Kansas question. This will carry out the great principle of nonintervention recognized and sanctioned by the organic act, which declares in express language in favor of “nonintervention by Congress with slavery in the States or Territories,” leaving “the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.” In this manner, by localizing the question of slavery and confining it to the people whom it immediately concerned, every patriot anxiously expected that this question would be banished from the halls of Congress, where it has always exerted a baneful influence throughout the whole country.
It is proper that I should briefly refer to the election held under an act of the Territorial legislature on the first Monday of January last on the Lecompton constitution. This election was held after the Territory had been prepared for admission into the Union as a sovereign State, and when no authority existed in the Territorial legislature which could possibly destroy its existence or change its character. The election, which was peaceably conducted under my instructions, involved a strange inconsistency. A large majority of the persons who voted against the Lecompton constitution were at the very same time and place recognizing its valid existence in the most solemn and authentic manner by voting under its provisions. I have yet received no official information of the result of this election.
As a question of expediency, after the right has been maintained, it may be wise to reflect upon the benefits to Kansas and to the whole country which would result from its immediate admission into the Union, as well as the disasters which may follow its rejection. Domestic peace will be the happy consequence of its admission, and that fine Territory, which has hitherto been torn by dissensions, will rapidly increase in population and wealth and speedily realize the blessings and the comforts which follow in the train of agricultural and mechanical industry. The people will then be sovereign and can regulate their own affairs in their own way. If a majority of them desire to abolish domestic slavery within the State, there is no other possible mode by which this can be effected so speedily as by prompt admission. The will of the majority is supreme and irresistible when expressed in an orderly and lawful manner. They can make and unmake constitutions at pleasure. It would be absurd to say that they can impose fetters upon their own power which they can not afterwards remove. If they could do this, they might tie their own hands for a hundred as well as for ten years. These are fundamental principles of American freedom, and are recognized, I believe, in some form or other by every State constitution; and if Congress, in the act of admission, should think proper to recognize them I can perceive no objection to such a course. This has been done emphatically in the constitution of Kansas. It declares in the bill of rights that “all political power is inherent in the people and all free governments are founded on their authority and instituted for their benefit, and therefore they have at all times an inalienable and indefeasible right to alter, reform, or abolish their form of government in such manner as they may think proper.” The great State of New York is at this moment governed under a constitution framed and established in direct opposition to the mode prescribed by the previous constitution. If, therefore, the provision changing the Kansas constitution after the year 1864 could by possibility be construed into a prohibition to make such a change previous to that period, this prohibition would be wholly unavailing. The legislature already elected may at its very first session submit the question to a vote of the people whether they will or will not have a convention to amend their constitution and adopt all necessary means for giving effect to the popular will.
It has been solemnly adjudged by the highest judicial tribunal known to our laws that slavery exists in Kansas by virtue of the Constitution of the United States. Kansas is therefore at this moment as much a slave State as Georgia or South Carolina. Without this the equality of the sovereign States composing the Union would be violated and the use and enjoyment of a territory acquired by the common treasure of all the States would be closed against the people and the property of nearly half the members of the Confederacy. Slavery can therefore never be prohibited in Kansas except by means of a constitutional provision, and in no other manner can this be obtained so promptly, if a majority of the people desire it, as by admitting it into the Union under its present constitution.
On the other hand, should Congress reject the constitution under the idea of affording the disaffected in Kansas a third opportunity of prohibiting slavery in the State, which they might have done twice before if in the majority, no man can foretell the consequences.
If Congress, for the sake of those men who refused to vote for delegates to the convention when they might have excluded slavery from the constitution, and who afterwards refused to vote on the 21st December last, when they might, as they claim, have stricken slavery from the constitution, should now reject the State because slavery remains in the constitution, it is manifest that the agitation upon this dangerous subject will be renewed in a more alarming form than it has ever yet assumed.
Every patriot in the country had indulged the hope that the Kansas and Nebraska act would put a final end to the slavery agitation, at least in Congress, which had for more than twenty years convulsed the country and endangered the Union. This act involved great and fundamental principles, and if fairly carried into effect will settle the question. Should the agitation be again revived, should the people of the sister States be again estranged from each other with more than their former bitterness, this will arise from a cause, so far as the interests of Kansas are concerned, more trifling and insignificant than has ever stirred the elements of a great people into commotion. To the people of Kansas the only practical difference between admission or rejection depends simply upon the fact whether they can themselves more speedily change the present constitution if it does not accord with the will of the majority, or frame a second constitution to be submitted to Congress hereafter. Even if this were a question of mere expediency, and not of right, the small difference of time one way or the other is of not the least importance when contrasted with the evils which must necessarily result to the whole country from a revival of the slavery agitation.
In considering this question it should never be forgotten that in proportion to its insignificance, let the decision be what it may so far as it may affect the few thousand inhabitants of Kansas who have from the beginning resisted the constitution and the laws, for this very reason the rejection of the constitution will be so much the more keenly felt by the people of fourteen of the States of this Union, where slavery is recognized under the Constitution of the United States.
Again, the speedy admission of Kansas into the Union would restore peace and quiet to the whole country. Already the affairs of this Territory have engrossed an undue proportion of public attention. They have sadly affected the friendly relations of the people of the States with each other and alarmed the fears of patriots for the safety of the Union. Kansas once admitted into the Union, the excitement becomes localized and will soon die away for want of outside aliment. Then every difficulty will be settled at the ballot box.
Besides–and this is no trifling consideration–I shall then be enabled to withdraw the troops of the United States from Kansas and employ them on branches of service where they are much needed. They have been kept there, on the earnest importunity of Governor Walker, to maintain the existence of the Territorial government and secure the execution of the laws. He considered that at least 2,000 regular troops, under the command of General Harney, were necessary for this purpose. Acting upon his reliable information, I have been obliged in some degree to interfere with the expedition to Utah in order to keep down rebellion in Kansas. This has involved a very heavy expense to the Government. Kansas once admitted, it is believed there will no longer be any occasion there for troops of the United States.
I have thus performed my duty on this important question, under a deep sense of responsibility to God and my country. My public life will terminate within a brief period, and I have no other object of earthly ambition than to leave my country in a peaceful and prosperous condition and to live in the affections and respect of my countrymen. The dark and ominous clouds which now appear to be impending over the Union I conscientiously believe may be dissipated with honor to every portion of it by the admission of Kansas during the present session of Congress, whereas if she should be rejected I greatly fear these clouds will become darker and more ominous than any which have ever yet threatened the Constitution and the Union.
JAMES BUCHANAN.
_To the Senate of the United States_:
I transmit to the Senate for its consideration with a view to ratification, a convention for the purpose of further regulating the intercourse of American citizens within the Empire of Japan, signed at Simoda on the 17th day of June last by Townsend Harris, consul-general of the United States, and by the governors of Simoda, empowered for that purpose by their respective Governments.
FEBRUARY 10, 1858.
JAMES BUCHANAN.
WASHINGTON, _February 11, 1858_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to ratification, an additional article to the extradition convention between the United States and France of the 9th of November, 1843, and the additional article thereto of the 24th February, 1845, signed in this city yesterday by the Secretary of State and the minister of His Imperial Majesty the Emperor of the French.
JAMES BUCHANAN
WASHINGTON, _February 12, 1858_.
_To the House of Representatives_:
I herewith transmit a report from the Secretary of State, with the accompanying documents, in reply to the resolution of the House of Representatives of the 18th ultimo, requesting to be furnished with official information and correspondence in relation to the execution of Colonel Crabb and his associates within or near the limits of the Republic of Mexico.
JAMES BUCHANAN.
WASHINGTON CITY, _February 26, 1858_.
_To the House of Representatives_:
I herewith transmit to the House of Representatives the reports of the Secretaries of State, of War, of the Interior, and of the Attorney-General, containing the information called for by a resolution of the House of the 27th ultimo, requesting “the President, if not incompatible with the public interest, to communicate to the House of Representatives the information which gave rise to the military expeditions ordered to Utah Territory, the instructions to the army officers in connection with the same, and all correspondence which has taken place with said army officers, with Brigham Young and his followers, or with others throwing light upon the question as to how far said Brigham Young and his followers are in a state of rebellion or resistance to the Government of the United States.”
JAMES BUCHANAN.
WASHINGTON, _March 2, 1858_.
_To the Senate of the United States_:
I herewith transmit to the Senate a report from the Secretary of the Navy, dated on the 24th instant [ultimo], furnishing the information called for by a resolution of the Senate adopted on the 16th instant [ultimo], requesting me “to inform the Senate in executive session on what evidence the nominees for the Marine Corps are stated to be taken from the States as designated in his message communicating the nominations of January 13.”
JAMES BUCHANAN.
WASHINGTON CITY, _March 4, 1858_.
_To the House of Representatives_:
I herewith transmit to the House of Representatives communications from the Secretary of War and Secretary of the Interior, in answer to the resolution adopted by the House on the 5th ultimo, requesting the President to furnish certain information in relation to the number of troops, whether regulars, volunteers, drafted men, or militia, who were engaged in the service of the United States in the last war with Great Britain, etc.
JAMES BUCHANAN.
WASHINGTON, _March 9, 1858_.
_To the Senate and House of Representatives_:
I transmit herewith a report of the Attorney-General, with accompanying papers, dated March 1, 1858, detailing proceedings under the act approved March 3, 1855, entitled “An act to improve the laws of the District of Columbia and to codify the same.”
JAMES BUCHANAN.
WASHINGTON, _March 23, 1858_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of the 26th of January, requesting the President to communicate to the House “so much of the correspondence between the late Secretary of War and Major-General John E. Wool, late commander of the Pacific Department, relative to the affairs of such department, as has not heretofore been published under a call of this House,” I herewith transmit all the correspondence called for so far as is afforded by the files of the War Department.
JAMES BUCHANAN.
WASHINGTON, _April 7, 1858_.
_To the Senate of the United States_:
I submit to the Senate, for its consideration and constitutional action, a treaty made with the Tonawanda Indians, of New York, on the 5th of November, 1857, with the accompanying papers from the Department of the Interior.
JAMES BUCHANAN.
WASHINGTON, _April 9, 1858_.
_To the House of Representatives_:
I transmit to the House of Representatives a memorial addressed to myself by a committee appointed by the citizens of that portion of the Territory of Utah which is situated west of the Goose Creek range of mountains, commonly known as “Carsons Valley,” in favor of the establishment of a Territorial government over them, and containing the request that I should communicate it to Congress. I have received but one copy of this memorial, which I transmit to the House upon the suggestion of James M. Crane, esq., the Delegate elect of the people of the proposed new Territory, for the reason, as he alleges, that the subject is now under consideration before the Committee on the Territories of that body.
JAMES BUCHANAN.
WASHINGTON, _April 20, 1858_.
_To the Senate of the United States_:
I transmit a report from the Secretary of State, with accompanying papers,[2] in answer to the resolution of the Senate of the 5th instant.
JAMES BUCHANAN.
[Footnote 2: Instructions to William B. Reed, United States commissioner to China.]
WASHINGTON, _April 21, 1858_.
_To the Senate of the United States_:
I herewith transmit the reports of the Secretary of State and the Secretary of the Navy, with accompanying papers,[3] in answer to the resolution of the Senate of the 19th of January last.
JAMES BUCHANAN.
[Footnote 3: Relating to the African slave trade and to movements of the French Government to establish a colony in the possessions of that Government from the coast of Africa.]
WASHINGTON, _April 28, 1858_.
_To the Senate of the United States_:
I transmit a report from the Secretary of State, in answer to the resolution of the Senate of the 24th ultimo, requesting information relative to the seizure in the Valley of Sitana, in Peru, by authorities of Chile of a sum of money belonging to citizens of the United States.
JAMES BUCHANAN.
WASHINGTON, _May 1, 1858_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 24th ultimo, I herewith transmit a report of the Secretary of State, with accompanying documents.[4]
JAMES BUCHANAN.
[Footnote 4: Relating to outrages committed against the family of Walter Dickson, an American citizen residing at Jaffa, Palestine.]
WASHINGTON, _May, 1858_.
_To the Senate of the United States_:
I transmit herewith, for the constitutional action of the Senate, a treaty negotiated with the Ponca tribe of Indians on the 12th of March, 1858, with the accompanying documents from the Department of the Interior.
JAMES BUCHANAN.
WASHINGTON, _May 3, 1858_.
_To the House of Representatives_:
In compliance with the resolutions of the House of Representatives of the 19th January, 1857, and 3d February, 1858, I herewith transmit the report of the Secretary of the Interior, with accompanying documents.[5]
JAMES BUCHANAN.
[Footnote 5: Relating to Indian affairs in Oregon and Washington Territories and to the official conduct of Anson Dart, superintendent of Indian affairs in Oregon Territory.]
WASHINGTON, _May 6, 1858_.
_To the House of Representatives_:
In compliance with the resolution of the House of Representatives of the 3d of February, 1858, I transmit herewith a report from the Secretary of War, with all papers and correspondence[6] so far as the same is afforded by the files of the Department.
JAMES BUCHANAN.
[Footnote 6: Relating to Indian affairs in Oregon and Washington Territories and to the official conduct of Anson Dart, superintendent of Indian affairs in Oregon Territory.]
WASHINGTON CITY, _May 13, 1858_.
Hon. James L. Orr,
_Speaker of the House of Representatives_.
SIR: I herewith transmit, to be laid before the House of Representatives, the letter of the Secretary of the Interior, dated the 12th instant, covering the report, maps, etc., of the geological survey of Oregon and Washington Territories, which has been made by John Evans, esq., United States geologist, under appropriations made by Congress for that purpose.
Respectfully,
JAMES BUCHANAN.
WASHINGTON, _May 13, 1858_.
_To the Senate of the United States_:
I transmit herewith, for the constitutional action of the Senate, a treaty negotiated on the 19th of April, 1858, with the Yancton tribe of Sioux or Dacotah Indians, with accompanying papers from the Department of the Interior.
JAMES BUCHANAN.
WASHINGTON, _May, 1858_.
_To the Senate of the United States_:
I transmit to the Senate a report, dated 13th instant, with the accompanying papers, received from the Secretary of State in answer to the resolution of the Senate of the 5th instant, requesting information in regard to measures which may have been adopted for the protection of American commerce in the ports of Mexico.
JAMES BUCHANAN.
WASHINGTON CITY, _May 18, 1858_.
Hon. J.C. Breckinridge,
_Vice-President of the United States_.
SIR: In reply to the resolutions of the Senate of the United States of the 20th February and 14th March, 1857, I herewith transmit, to be laid before that body, copies of all correspondence, vouchers, and other papers having reference to the accounts of Edward F. Beale, esq., late superintendent of Indian affairs in California, which are of file or record in the Departments of the Treasury and Interior.
JAMES BUCHANAN.
WASHINGTON, _May 19, 1858_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 14th instant, requesting information concerning the recent search or seizure of American vessels by foreign armed cruisers in the Gulf of Mexico, I transmit reports from the Secretaries of State and of the Navy.
JAMES BUCHANAN.
WASHINGTON, _May 27, 1858_.
_To the Senate of the United States_:
I transmit herewith, in compliance with the resolution of the Senate of the 19th of May, a communication from the Secretary of the Navy with copies of the correspondence, etc.,[7] as afforded by the files of the Department.
JAMES BUCHANAN.
[Footnote 7: Relating to the arrest of William Walker and associates within the territory of Nicaragua by the naval forces under Commodore Paulding.]
WASHINGTON, _May 29, 1858_.
_To the Senate of the United States_:
I transmit a report from the Secretary of State, with accompanying papers, in answer to the resolution of the Senate of the 22d instant, requesting information in regard to the seizure of the American vessel _Panchita_ on the coast of Africa.
JAMES BUCHANAN.
WASHINGTON, _May 31, 1858_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 17th instant, requesting information relative to attacks upon United States vessels in the Gulf of Mexico and on the coast of Cuba, I transmit a report from the Secretary of State, with the papers by which it was accompanied.
JAMES BUCHANAN.
WASHINGTON, _June 1, 1858_.
_To the Senate of the United States_:
I transmit herewith a report from the Secretaries of State and Navy, with the accompanying papers, in compliance with the resolution of the Senate of the 11th of March, 1858, requesting the President “to communicate to the Senate any information in possession of any of the Executive Departments in relation to alleged discoveries of guano in the year 1855 and the measures taken to ascertain the correctness of the same, and also any report made to the Navy Department in relation to the discovery of guano in Jarvis and Bakers islands, with the charts, soundings, and sailing directions for those islands.”
JAMES BUCHANAN.
WASHINGTON, _June 4, 1858_.
_To the Senate of the United States_:
I transmit herewith a report from the Secretary of State, together with the documents by which it is accompanied, as embracing all the information which it is practicable or expedient to communicate in reply to the resolution of the Senate of the 31st ultimo, on the subject of guano.
JAMES BUCHANAN.
WASHINGTON, _June 10, 1858_.
_To the Senate and House of Representatives_:
I transmit a copy of a dispatch from Governor Cumming to the Secretary of State, dated at Great Salt Lake City on the 2d of May and received at the Department of State on yesterday. From this there is reason to believe that our difficulties with the Territory of Utah have terminated and the reign of the Constitution and the laws has been restored. I congratulate you on this auspicious event.
I lose no time in communicating this information and in expressing the opinion that there will now be no occasion to make any appropriation for the purpose of calling into service the two regiments of volunteers authorized by the act of Congress approved on the 7th of April last for the purpose of quelling disturbances in the Territory of Utah, for the protection of supply and emigrant trains, and the suppression of Indian hostilities on the frontier.
I am the more gratified at this satisfactory intelligence from Utah because it will afford some relief to the Treasury at a time demanding from us the strictest economy, and when the question which now arises upon every new appropriation is whether it be of a character so important and urgent as to brook no delay and to justify and require a loan and most probably a tax upon the people to raise the money necessary for its payment.
In regard to the regiment of volunteers authorized by the same act of Congress to be called into service for the defense of the frontiers of Texas against Indian hostilities, I desire to leave this question to Congress, observing at the same time that in my opinion the State can be defended for the present by the regular troops which have not yet been withdrawn from its limits.
JAMES BUCHANAN.
WASHINGTON, _June 11, 1858_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 19th ultimo, respecting the Isthmus of Tehuantepec, I transmit herewith a report from the Secretary of State, with the documents by which it is accompanied, together with the copy of a letter from the Postmaster-General of the 21st ultimo to the Department of State.
JAMES BUCHANAN.
WASHINGTON CITY, _June 11, 1858_.
_To the House of Representatives_:
I transmit herewith a report from the Secretary of War, with the accompanying papers,[8] in obedience to the resolution of the House of Representatives of the 2d of June, 1858.
JAMES BUCHANAN.
[Footnote 8: Copies of contracts for deepening the channels of the Southwest Pass and Pass a l’Outre, at the mouth of the Mississippi River, etc.]
WASHINGTON CITY, _June 12, 1858_.
_To the Senate and House of Representatives_:
I feel it to be an indispensable duty to call your attention to the condition of the Treasury. On the 19th day of May last the Secretary of the Treasury submitted a report to Congress “on the present condition of the finances of the Government.” In this report he states that after a call upon the heads of Departments he had received official information that the sum of $37,000,000 would probably be required during the first two quarters of the next fiscal year, from the 1st of July until the 1st of January. “This sum,” the Secretary says, “does not include such amounts as may be appropriated by Congress over and above the estimates submitted to them by the Departments, and I have no data on which to estimate for such expenditures. Upon this point Congress is better able to form a correct opinion than I am.”
The Secretary then estimates that the receipts into the Treasury from all sources between the 1st of July and the 1st of January would amount to $25,000,000, leaving a deficit of $15,000,000, inclusive of the sum of about $3,000,000, the least amount required to be in the Treasury at all times to secure its successful operation. For this amount he recommends a loan. This loan, it will be observed, was required, after a close calculation, to meet the estimates from the different Departments, and not such appropriations as might be made by Congress over and above these estimates.
There was embraced in this sum of $15,000,000 estimates to the amount of about $1,750,000 for the three volunteer regiments authorized by the act of Congress approved April 7, 1858, for two of which, if not for the third, no appropriation will now be required. To this extent a portion of the loan of $15,000,000 may be applied to pay the appropriations made by Congress beyond the estimates from the different Departments, referred to in the report of the Secretary of the Treasury.
To what extent a probable deficiency may exist in the Treasury between the 1st July and the 1st January next can not be ascertained until the appropriation bills, as well as the private bills containing appropriations, shall have finally passed.
Adversity teaches useful lessons to nations as well as individuals. The habit of extravagant expenditures, fostered by a large surplus in the Treasury, must now be corrected or the country will be involved in serious financial difficulties.
Under any form of government extravagance in expenditure must be the natural consequence when those who authorize the expenditure feel no responsibility in providing the means of payment. Such had been for a number of years our condition previously to the late monetary revulsion in the country. Fortunately, at least for the cause of public economy, the case is now reversed, and to the extent of the appropriations, whatever these may be, ingrafted on the different appropriation bills, as well as those made by private bills, over and above the estimates of the different Departments, it will be necessary for Congress to provide the means of payment before their adjournment. Without this the Treasury will be exhausted before the 1st of January and the public credit will be seriously impaired. This disgrace must not fall upon the country.
It is impossible for me, however, now to ascertain this amount, nor does there at present seem to be the least probability that this can be done and the necessary means provided by Congress to meet any deficiency which may exist in the Treasury before Monday next at 12 o’clock, the hour fixed for adjournment, it being now Saturday morning at half-past 11 o’clock. To accomplish this object the appropriation bills, as they shall have finally passed Congress, must be before me, and time must be allowed to ascertain the amount of the moneys appropriated and to enable Congress to provide the necessary means. At this writing it is understood that several of these bills are yet before the committee of conference and the amendments to some of them have not even been printed.
Foreseeing that such a state of things might exist at the close of the session, I stated in the annual message to Congress of December last that–
From the practice of Congress such an examination of each bill as the Constitution requires has been rendered impossible. The most important business of each session is generally crowded into its last hours, and the alternative presented to the President is either to violate the constitutional duty which he owes to the people and approve bills which for want of time it is impossible he should have examined, or by his refusal to do this subject the country and individuals to great loss and inconvenience.
* * * * *
For my own part, I have deliberately determined that I shall approve no bills which I have not examined, and it will be a case of extreme and most urgent necessity which shall ever induce me to depart from this rule.
The present condition of the Treasury absolutely requires that I should adhere to this resolution on the present occasion, for the reasons which I have heretofore presented.
In former times it was believed to be the true character of an appropriation bill simply to carry into effect existing laws and the established policy of the country. A practice has, however, grown up of late years to ingraft on such bills at the last hours of the session large appropriations for new and important objects not provided for by preexisting laws and when no time is left to the Executive for their examination and investigation. No alternative is thus left to the President but either to approve measures without examination or by vetoing an appropriation bill seriously to embarrass the operations of the Government. This practice could never have prevailed without a surplus in the Treasury sufficiently large to cover an indefinite amount of appropriations. Necessity now compels us to arrest it, at least so far as to afford time to ascertain the amount appropriated and to provide the means of its payment.
For all these reasons I recommend to Congress to postpone the day of adjournment for a brief period. I promise that not an hour shall be lost in ascertaining the amount of appropriations made by them for which it will be necessary to provide. I know it will be inconvenient for the members to attend a called session, and this above all things I desire to avoid.
JAMES BUCHANAN.
PROCLAMATIONS.
[From Statutes at Large (Little, Brown & Co.), Vol. XI, p. 794.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of Congress approved March 3, 1855, entitled “An act to improve the laws of the District of Columbia and to codify the same,” the President of the United States was directed to appoint a time and place for taking the sense of the citizens of the District of Columbia for or against the adoption of the code prepared in pursuance of said act, and, further, to provide and proclaim the mode and rules of conducting such election:
Now, therefore, be it known that I do hereby appoint Monday, the 15th day of February, 1858, as the day for taking the sense of the citizens of the District of Columbia as aforesaid.
The polls will be opened at 9 o’clock a.m. and closed at 5 o’clock p.m. Every free white male citizen of the United States above the age of 21 years who shall have resided in the District of Columbia for one year next preceding the said 15th day of February, 1858, shall be allowed to vote at said election.
The voting shall be by ballot. Those in favor of the adoption of the revised code will vote a ballot with the words “for the revised code” written or printed upon the same, and those opposed to the adoption of the said code will vote a ballot with the words “against the revised code” written or printed upon the same.
The places where the said election shall be held and the judges who shall conduct and preside over the same will be as follows:
For the First Ward, in the city of Washington, at Samuel Drury’s office, on Pennsylvania avenue. Judges: Southey S. Parker, Terence Drury, and Alexander H. Mechlin.
For the Second Ward, on Twelfth street, one door above Pennsylvania avenue. Judges: Charles L. Coltman, Charles J. Canfield, and Edward C. Dyer.
For the Third Ward, near the corner of Ninth street, between F and G, west of the Patent Office. Judges: Valentine Harbaugh, Joseph Bryan, and Harvey Cruttenden.
For the Fourth Ward, at the west end of City Hall. Judges: William A. Kennedy, John T. Clements, and Francis Mohun.
For the Fifth Ward, at the Columbia engine house. Judges: Henry C. Purdy, Thomas Hutchinson, and James A. Brown.
For the Sixth Ward, at the Anacostia engine house. Judges: John D. Brandt, George A. Bohrer, and George R. Ruff.
For the Seventh Ward, at Island Hall. Judges: Samuel Pumphrey, James Espey, and John L. Smith.
For Georgetown, at the mayor’s office. Judges: Edward Chapman, John L. Kidwell, and William H. Edes.
For that portion of the county of Washington which lies west of Rock Creek, at Conrad’s Tavern, in Tenallytown. Judges: Joshua Peirce, Charles R. Belt, and William D.C. Murdock.
For that portion of said county which lies between Rock Creek and the Eastern Branch of the Potomac, at Seventh street tollgate. Judges: Thomas Blagden, Dr. Henry Haw, and Abner Shoemaker.
And for that portion of said county which lies east of the Eastern Branch of the Potomac, at Goodhope Tavern. Judges: Selby B. Scaggs, Fenwick Young, and Dr. Wellford Manning.
The judges presiding at the respective places of holding the elections shall be sworn to perform their duties faithfully; and immediately after the close of the polls they shall count up the votes and certify what number were given “for the revised code” and what number “against the revised code,” which certificates shall be transmitted within twenty-four hours to the Attorney-General of the United States, who will report the same to me.
Given under my hand this 24th day of December, A.D. 1857, and of Independence the eighty-second.
[SEAL.]
JAMES BUCHANAN.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of 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 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 from the Government of His Holiness the Pope, through an official communication addressed by Cardinal Antonelli, his secretary of state, to the minister resident of the United States at Rome, under date of the 7th day of December, 1857, that no discriminating duties of tonnage or impost are imposed or levied in the ports of the Pontifical States 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:
Now, therefore, I, James Buchanan, President of the United States of America, do hereby declare and proclaim that the foreign discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued so far as respects the vessels of the subjects of His Holiness the Pope and the produce, manufactures, or merchandise imported into the United States in the same from the Pontifical States or from any other foreign country, the said suspension to take effect from the 7th day of December, 1857, above mentioned, 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.
[SEAL.]
Given under my hand, at the city of Washington, the 25th day of February, A.D. 1858, and of the Independence of the United States the eighty-second.
JAMES BUCHANAN.
By the President:
LEWIS CASS,
_Secretary of State_.
BY JAMES BUCHANAN, PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the Territory of Utah was settled by certain emigrants from the States and from foreign countries who have for several years past manifested a spirit of insubordination to the Constitution and laws of the United States. The great mass of those settlers, acting under the influence of leaders to whom they seem to have surrendered their judgment, refuse to be controlled by any other authority. They have been often advised to obedience, and these friendly counsels have been answered with defiance. The officers of the Federal Government have been driven from the Territory for no offense but an effort to do their sworn duty; others have been prevented from going there by threats of assassination; judges have been violently interrupted in the performance of their functions, and the records of the courts have been seized and destroyed or concealed. Many other acts of unlawful violence have been perpetrated, and the right to repeat them has been openly claimed by the leading inhabitants, with at least the silent acquiescence of nearly all the others. Their hostility to the lawful government of the country has at length become so violent that no officer bearing a commission from the Chief Magistrate of the Union can enter the Territory or remain there with safety, and all those officers recently appointed have been unable to go to Salt Lake or anywhere else in Utah beyond the immediate power of the Army. Indeed, such is believed to be the condition to which a strange system of terrorism has brought the inhabitants of that region that no one among them could express an opinion favorable to this Government, or even propose to obey its laws, without exposing his life and property to peril.
After carefully considering this state of affairs and maturely weighing the obligation I was under to see the laws faithfully executed, it seemed to me right and proper that I should make such use of the military force at my disposal as might be necessary to protect the Federal officers in going into the Territory of Utah and in performing their duties after arriving there. I accordingly ordered a detachment of the Army to march for the city of Salt Lake, or within reach of that place, and to act in case of need as a posse for the enforcement of the laws. But in the meantime the hatred of that misguided people for the just and legal authority of the Government had become so intense that they resolved to measure their military strength with that of the Union. They have organized an armed force far from contemptible in point of numbers and trained it, if not with skill, at least with great assiduity and perseverance. While the troops of the United States were on their march a train of baggage wagons, which happened to be unprotected, was attacked and destroyed by a portion of the Mormon forces and the provisions and stores with which the train was laden were wantonly burnt. In short, their present attitude is one of decided and unreserved enmity to the United States and to all their loyal citizens. Their determination to oppose the authority of the Government by military force has not only been expressed in words, but manifested in overt acts of the most unequivocal character.
Fellow-citizens of Utah, this is rebellion against the Government to which you owe allegiance; it is levying war against the United States, and involves you in the guilt of treason. Persistence in it will bring you to condign punishment, to ruin, and to shame; for it is mere madness to suppose that with your limited resources you can successfully resist the force of this great and powerful nation.
If you have calculated upon the forbearance of the United States, if you have permitted yourselves to suppose that this Government will fail to put forth its strength and bring you to submission, you have fallen into a grave mistake. You have settled upon territory which lies, geographically, in the heart of the Union. The land you live upon was purchased by the United States and paid for out of their Treasury; the proprietary right and title to it is in them, and not in you. Utah is bounded on every side by States and Territories whose people are true to the Union. It is absurd to believe that they will or can permit you to erect in their very midst a government of your own, not only independent of the authority which they all acknowledge, but hostile to them and their interests.
Do not deceive yourselves nor try to mislead others by propagating the idea that this is a crusade against your religion. The Constitution and laws of this country can take no notice of your creed, whether it be true or false. That is a question between your God and yourselves, in which I disclaim all right to interfere. If you obey the laws, keep the peace, and respect the just rights of others, you will be perfectly secure, and may live on in your present faith or change it for another at your pleasure. Every intelligent man among you knows very well that this Government has never, directly or indirectly, sought to molest you in your worship, to control you in your ecclesiastical affairs, or even to influence you in your religious opinions.
This rebellion is not merely a violation of your legal duty; it is without just cause, without reason, without excuse. You never made a complaint that was not listened to with patience; you never exhibited a real grievance that was not redressed as promptly as it could be. The laws and regulations enacted for your government by Congress have been equal and just, and their enforcement was manifestly necessary for your own welfare and happiness. You have never asked their repeal. They are similar in every material respect to the laws which have been passed for the other Territories of the Union, and which everywhere else (with one partial exception) have been cheerfully obeyed. No people ever lived who were freer from unnecessary legal restraints than you. Human wisdom never devised a political system which bestowed more blessings or imposed lighter burdens than the Government of the United States in its operation upon the Territories.
But being anxious to save the effusion of blood and to avoid the indiscriminate punishment of a whole people for crimes of which it is not probable that all are equally guilty, I offer now a free and full pardon to all who will submit themselves to the just authority of the Federal Government. If you refuse to accept it, let the consequences fall upon your own heads. But I conjure you to pause deliberately and reflect well before you reject this tender of peace and good will.
Now, therefore, I, James Buchanan, President of the United States, have thought proper to issue this my proclamation, enjoining upon all public officers in the Territory of Utah to be diligent and faithful, to the full extent of their power, in the execution of the laws; commanding all citizens of the United States in said Territory to aid and assist the officers in the performance of their duties; offering to the inhabitants of Utah who shall submit to the laws a free pardon for the seditions and treasons heretofore by them committed; warning those who shall persist, after notice of this proclamation, in the present rebellion against the United States that they must expect no further lenity, but look to be rigorously dealt with according to their deserts; and declaring that the military forces now in Utah and hereafter to be sent there will not be withdrawn until the inhabitants of that Territory shall manifest a proper sense of the duty which they owe to this Government.
[SEAL.]
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed to these presents.
Done at the city of Washington the 6th day of April, 1858, and of the Independence of the United States the eighty-second.
JAMES BUCHANAN.
By the President:
LEWIS CASS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas an extraordinary occasion has occurred rendering it necessary and proper that the Senate of the United States shall be convened to receive and act upon such communications as have been or may be made to it on the part of the Executive:
Now, therefore, I, James Buchanan, President of the United States, do issue this my proclamation, declaring that an extraordinary occasion requires the Senate of the United States to convene for the transaction of business at the Capitol, in the city of Washington, on the 15th day of this month, 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 Washington, this 14th day of June, A.D. 1858, and of the Independence of the United States the eighty-second.
[SEAL.]
JAMES BUCHANAN.
By the President:
LEWIS CASS,
_Secretary of State_.
BY JAMES BUCHANAN, PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas information has reached me from sources which I can not disregard that certain persons, in violation of the neutrality laws of the United States, are making a third attempt to set on foot a military expedition within their territory against Nicaragua, a foreign State with which they are at peace. In order to raise money for equipping and maintaining this expedition, persons connected therewith, as I have reason to believe, have issued and sold bonds and other contracts pledging the public lands of Nicaragua and the transit route through its territory as a security for their redemption and fulfillment.
The hostile design of this expedition is rendered manifest by the fact that these bonds and contracts can be of no possible value to their holders unless the present Government of Nicaragua shall be overthrown by force. Besides, the envoy extraordinary and minister plenipotentiary of that Government in the United States has issued a notice, in pursuance of his instructions, dated on the 27th instant, forbidding the citizens or subjects of any nation, except passengers intending to proceed through Nicaragua over the transit route from ocean to ocean, to enter its territory without a regular passport, signed by the proper minister or consul-general of the Republic resident in the country from whence they shall have departed. Such persons, with this exception, “will be stopped and compelled to return by the same conveyance that took them to the country.” From these circumstances the inference is irresistible that persons engaged in this expedition will leave the United States with hostile purposes against Nicaragua. They can not, under the guise which they have assumed that they are peaceful emigrants, conceal their real intentions, and especially when they know in advance that their landing will be resisted and can only be accomplished by an overpowering force. This expedient was successfully resorted to previous to the last expedition, and the vessel in which those composing it were conveyed to Nicaragua obtained a clearance from the collector of the port of Mobile. Although, after a careful examination, no arms or munitions of war were discovered on board, yet when they arrived in Nicaragua they were found to be armed and equipped and immediately commenced hostilities.
The leaders of former illegal expeditions of the same character have openly expressed their intention to renew hostilities against Nicaragua. One of them, who has already been twice expelled from Nicaragua, has invited through the public newspapers American citizens to emigrate to that Republic, and has designated Mobile as the place of rendezvous and departure and San Juan del Norte as the port to which they are bound. This person, who has renounced his allegiance to the United States and claims to be President of Nicaragua, has given notice to the collector of the port of Mobile that two or three hundred of these emigrants will be prepared to embark from that port about the middle of November.
For these and other good reasons, and for the purpose of saving American citizens who may have been honestly deluded into the belief that they are about to proceed to Nicaragua as peaceful emigrants, if any such there be, from the disastrous consequences to which they will be exposed, I, James Buchanan, President of the United States, have thought it fit to issue this my proclamation, enjoining upon all officers of the Government, civil and military, in their respective spheres, to be vigilant, active, and faithful in suppressing these illegal enterprises and in carrying out their standing instructions to that effect; exhorting all good citizens, by their respect for the laws and their regard for the peace and welfare of the country, to aid the efforts of the public authorities in the discharge of their duties.
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 30th day of October, 1858, and of the Independence of the United States the eighty-third.
JAMES BUCHANAN.
By the President:
LEWIS CASS,
_Secretary of State_.
SECOND ANNUAL MESSAGE.
WASHINGTON CITY, _December 6, 1858_.
_Fellow-Citizens of the Senate and House of Representatives_:
When we compare the condition of the country at the present day with what it was one year ago at the meeting of Congress, we have much reason for gratitude to that Almighty Providence which has never failed to interpose for our relief at the most critical periods of our history. One year ago the sectional strife between the North and the South on the dangerous subject of slavery had again become so intense as to threaten the peace and perpetuity of the Confederacy. The application for the admission of Kansas as a State into the Union fostered this unhappy agitation and brought the whole subject once more before Congress. It was the desire of every patriot that such measures of legislation might be adopted as would remove the excitement from the States and confine it to the Territory where it legitimately belonged. Much has been done, I am happy to say, toward the accomplishment of this object during the last session of Congress.
The Supreme Court of the United States had previously decided that all American citizens have an equal right to take into the Territories whatever is held as property under the laws of any of the States, and to hold such property there under the guardianship of the Federal Constitution so long as the Territorial condition shall remain.
This is now a well-established position, and the proceedings of the last session were alone wanting to give it practical effect. The principle has been recognized in some form or other by an almost unanimous vote of both Houses of Congress that a Territory has a right to come into the Union either as a free or a slave State, according to the will of a majority of its people. The just equality of all the States has thus been vindicated and a fruitful source of dangerous dissension among them has been removed.
Whilst such has been the beneficial tendency of your legislative proceedings outside of Kansas, their influence has nowhere been so happy as within that Territory itself. Left to manage and control its own affairs in its own way, without the pressure of external influence, the revolutionary Topeka organization and all resistance to the Territorial government established by Congress have been finally abandoned. As a natural consequence that fine Territory now appears to be tranquil and prosperous and is attracting increasing thousands of immigrants to make it their happy home.
The past unfortunate experience of Kansas has enforced the lesson, so often already taught, that resistance to lawful authority under our form of government can not fail in the end to prove disastrous to its authors. Had the people of the Territory yielded obedience to the laws enacted by their legislature, it would at the present moment have contained a large additional population of industrious and enterprising citizens, who have been deterred from entering its borders by the existence of civil strife and organized rebellion.
It was the resistance to rightful authority and the persevering attempts to establish a revolutionary government under the Topeka constitution which caused the people of Kansas to commit the grave error of refusing to vote for delegates to the convention to frame a constitution under a law not denied to be fair and just in its provisions. This refusal to vote been the prolific source of all the evils which have followed. In their hostility to the Territorial government they disregarded the principle, absolutely essential to the working of our form of government, that a majority of those who vote, not the majority who may remain at home, from whatever cause, must decide the result of an election. For this reason, seeking to take advantage of their own error, they denied the authority of the convention thus elected to frame a constitution.
The convention, notwithstanding, proceeded to adopt a constitution unexceptionable in its general features, and providing for the submission of the slavery question to a vote of the people, which, in my opinion, they were bound to do under the Kansas and Nebraska act. This was the all-important question which had alone convulsed the Territory; and yet the opponents of the lawful government, persisting in their first error, refrained from exercising their right to vote, and preferred that slavery should continue rather than surrender their revolutionary Topeka organization.
A wiser and better spirit seemed to prevail before the first Monday of January last, when an election was held under the constitution. A majority of the people then voted for a governor and other State officers, for a Member of Congress and members of the State legislature. This election was warmly contested by the two political parties in Kansas, and a greater vote was polled than at any previous election. A large majority of the members of the legislature elect belonged to that party which had previously refused to vote. The antislavery party were thus placed in the ascendant, and the political power of the State was in their own hands. Had Congress admitted Kansas into the Union under the Lecompton constitution, the legislature might at its very first session have submitted the question to a vote of the people whether they would or would not have a convention to amend their constitution, either on the slavery or any other question, and have adopted all necessary means for giving speedy effect to the will of the majority. Thus the Kansas question would have been immediately and finally settled.
Under these circumstances I submitted to Congress the constitution thus framed, with all the officers already elected necessary to put the State government into operation, accompanied by a strong recommendation in favor of the admission of Kansas as a State. In the course of my long public life I have never performed any official act which in the retrospect has afforded me more heartfelt satisfaction. Its admission could have inflicted no possible injury on any human being, whilst it would within a brief period have restored peace to Kansas and harmony to the Union. In that event the slavery question would ere this have been finally settled according to the legally expressed will of a majority of the voters, and popular sovereignty would thus have been vindicated in a constitutional manner.
With my deep convictions of duty I could have pursued no other course. It is true that as an individual I had expressed an opinion, both before and during the session of the convention, in favor of submitting the remaining clauses of the constitution, as well as that concerning slavery, to the people. But, acting in an official character, neither myself nor any human authority had the power to rejudge the proceedings of the convention and declare the constitution which it had framed to be a nullity. To have done this would have been a violation of the Kansas and Nebraska act, which left the people of the Territory “perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.” It would equally have violated the great principle of popular sovereignty, at the foundation of our institutions, to deprive the people of the power, if they thought proper to exercise it, of confiding to delegates elected by themselves the trust of framing a constitution without requiring them to subject their constituents to the trouble, expense, and delay of a second election. It would have been in opposition to many precedents in our history, commencing in the very best age of the Republic, of the admission of Territories as States into the Union without a previous vote of the people approving their constitution.
It is to be lamented that a question so insignificant when viewed in its practical effects on the people of Kansas, whether decided one way or the other, should have kindled such a flame of excitement throughout the country. This reflection may prove to be a lesson of wisdom and of warning for our future guidance. Practically considered, the question is simply whether the people of that Territory should first come into the Union and then change any provision in their constitution not agreeable to themselves, or accomplish the very same object by remaining out of the Union and framing another constitution in accordance with their will. In either case the result would be precisely the same. The only difference, in point of fact, is that the object would have been much sooner attained and the pacification of Kansas more speedily effected had it been admitted as a State during the last session of Congress.
My recommendation, however, for the immediate admission of Kansas failed to meet the approbation of Congress. They deemed it wiser to adopt a different measure for the settlement of the question. For my own part, I should have been willing to yield my assent to almost any constitutional measure to accomplish this object. I therefore cordially acquiesced in what has been called the English compromise and approved the “act for the admission of the State of Kansas into the Union” upon the terms therein prescribed.
Under the ordinance which accompanied the Lecompton constitution the people of Kansas had claimed double the quantity of public lands for the support of common schools which had ever been previously granted to any State upon entering the Union, and also the alternate sections of land for 12 miles on each side of two railroads proposed to be constructed from the northern to the southern boundary and from the eastern to the western boundary of the State. Congress, deeming these claims unreasonable, provided by the act of May 4, 1858, to which I have just referred, for the admission of the State on an equal footing with the original States, but “upon the fundamental condition precedent” that a majority of the people thereof, at an election to be held for that purpose, should, in place of the very large grants of public lands which they had demanded under the ordinance, accept such grants as had been made to Minnesota and other new States. Under this act, should a majority reject the proposition offered them, “it shall be deemed and held that the people of Kansas do not desire admission into the Union with said constitution under the conditions set forth in said proposition,” In that event the act authorizes the people of the Territory to elect delegates to form a constitution and State government for themselves “whenever, and not before, it is ascertained by a census, duly and legally taken, that the population of said Territory equals or exceeds the ratio of representation required for a member of the House of Representatives of the Congress of the United States.” The delegates thus assembled “shall first determine by a vote whether it is the wish of the people of the proposed State to be admitted into the Union at that time, and, if so, shall proceed to form a constitution and take all necessary steps for the establishment of a State government in conformity with the Federal Constitution.” After this constitution shall have been formed, Congress, carrying out the principles of popular sovereignty and nonintervention, have left “the mode and manner of its approval or ratification by the people of the proposed State” to be “prescribed by law,” and they “shall then be admitted into the Union as a State under such constitution, thus fairly and legally made, with or without slavery, as said constitution may prescribe.”
An election was held throughout Kansas, in pursuance of the provisions of this act, on the 2d day of August last, and it resulted in the rejection by a large majority of the proposition submitted to the people by Congress. This being the case, they are now authorized to form another constitution, preparatory to admission into the Union, but not until their number, as ascertained by a census, shall equal or exceed the ratio required to elect a member to the House of Representatives.
It is not probable, in the present state of the case, that a third constitution can be lawfully framed and presented to Congress by Kansas before its population shall have reached the designated number. Nor is it to be presumed that after their sad experience in resisting the Territorial laws they will attempt to adopt a constitution in express violation of the provisions of an act of Congress. During the session of 1856 much of the time of Congress was occupied on the question of admitting Kansas under the Topeka constitution. Again, nearly the whole of the last session was devoted to the question of its admission under the Lecompton constitution. Surely it is not unreasonable to require the people of Kansas to wait before making a third attempt until the number of their inhabitants shall amount to 93,420. During this brief period the harmony of the States as well as the great business interests of the country demand that the people of the Union shall not for a third time be convulsed by another agitation on the Kansas question. By waiting for a short time and acting in obedience to law Kansas will glide into the Union without the slightest impediment.
This excellent provision, which Congress have applied to Kansas, ought to be extended and rendered applicable to all Territories which may hereafter seek admission into the Union.
Whilst Congress possess the undoubted power of admitting a new State into the Union, however small may be the number of its inhabitants, yet this power ought not, in my opinion, to be exercised before the population shall amount to the ratio required by the act for the admission of Kansas. Had this been previously the rule, the country would have escaped all the evils and misfortunes to which it has been exposed by the Kansas question.
Of course it would be unjust to give this rule a retrospective