faithfully; because they are contrary to the policy of the Government, and because to permit them would be a departure from good faith toward those American Republics in amity with us, which are entitled to, and will never cease to enjoy, in their calamities the cordial sympathy, and in their prosperity the efficient good will, of the Government and of the people of the United States.
To say that our laws in this respect are sometimes violated or successfully evaded is only to say what is true of all laws in all countries, but not more so in the United States than in any one whatever of the countries of Europe. Suffice it to repeat that the laws of the United States prohibiting all foreign military enlistments or expeditions within our territory have been executed with impartial good faith, and, so far as the nature of things permits, as well in repression of private persons as of the official agents of other Governments, both of Europe and America.
Among the Central American Republics to which modern events have imparted most prominence is that of Nicaragua, by reason of its particular position on the Isthmus. Citizens of the United States have established in its territory a regular interoceanic transit route, second only in utility and value to the one previously established in the territory of New Granada. The condition of Nicaragua would, it is believed, have been much more prosperous than it has been but for the occupation of its only Atlantic port by a foreign power, and of the disturbing authority set up and sustained by the same power in a portion of its territory, by means of which its domestic sovereignty was impaired, its public lands were withheld from settlement, and it was deprived of all the maritime revenue which it would otherwise collect on imported merchandise at San Juan del Norte.
In these circumstances of the political debility of the Republic of Nicaragua, and when its inhabitants were exhausted by long-continued civil war between parties neither of them strong enough to overcome the other or permanently maintain internal tranquillity, one of the contending factions of the Republic invited the assistance and cooperation of a small body of citizens of the United States from the State of California, whose presence, as it appears, put an end at once to civil war and restored apparent order throughout the territory of Nicaragua, with a new administration, having at its head a distinguished individual, by birth a citizen of the Republic, D. Patricio Rivas, as its provisional President.
It is the established policy of the United States to recognize all governments without question of their source or their organization, or of the means by which the governing persons attain their power, provided there be a government _de facto_ accepted by the people of the country, and with reserve only of the time as to the recognition of revolutionary governments arising out of the subdivision of parent states with which we are in relations of amity. We do not go behind the fact of a foreign government exercising actual power to investigate questions of legitimacy; we do not inquire into the causes which may have led to a change of government. To us it is indifferent whether a successful revolution has been aided by foreign intervention or not; whether insurrection has overthrown existing government, and another has been established in its place according to preexisting forms or in a manner adopted for the occasion by those whom we may find in the actual possession of power. All these matters we leave to the people and public authorities of the particular country to determine; and their determination, whether it be by positive action or by ascertained acquiescence, is to us a sufficient warranty of the legitimacy of the new government.
During the sixty-seven years which have elapsed since the establishment of the existing Government of the United States, in all which time this Union has maintained undisturbed domestic tranquillity, we have had occasion to recognize governments _de facto_, founded either by domestic revolution or by military invasion from abroad, in many of the Governments of Europe.
It is the more imperatively necessary to apply this rule to the Spanish American Republics, in consideration of the frequent and not seldom anomalous changes of organization or administration which they undergo and the revolutionary nature of most of these changes, of which the recent series of revolutions in the Mexican Republic is an example, where five successive revolutionary governments have made their appearance in the course of a few months and been recognized successively, each as the political power of that country, by the United States.
When, therefore, some time since, a new minister from the Republic of Nicaragua presented himself, bearing the commission of President Rivas, he must and would have been received as such, unless he was found on inquiry subject to personal exception, but for the absence of satisfactory information upon the question whether President Rivas was _in fact_ the head of an established Government of the Republic of Nicaragua, doubt as to which arose not only from the circumstances of his avowed association with armed emigrants recently from the United States, but that the proposed minister himself was of that class of persons, and not otherwise or previously a citizen of Nicaragua.
Another minister from the Republic of Nicaragua has now presented himself, and has been received as such, satisfactory evidence appearing that he represents the Government _de facto_ and, so far as such exists, the Government _de jure_ of that Republic.
That reception, while in accordance with the established policy of the United States, was likewise called for by the most imperative special exigencies, which require that this Government shall enter at once into diplomatic relations with that of Nicaragua. In the first place, a difference has occurred between the Government of President Rivas and the Nicaragua Transit Company, which involves the necessity of inquiry into rights of citizens of the United States, who allege that they have been aggrieved by the acts of the former and claim protection and redress at the hands of their Government. In the second place, the interoceanic communication by the way of Nicaragua is effectually interrupted, and the persons and property of unoffending private citizens of the United States in that country require the attention of their Government. Neither of these objects can receive due consideration without resumption of diplomatic intercourse with the Government of Nicaragua.
Further than this, the documents communicated show that while the interoceanic transit by the way of Nicaragua is cut off, disturbances at Panama have occurred to obstruct, temporarily at least, that by the way of New Granada, involving the sacrifice of the lives and property of citizens of the United States. A special commissioner has been dispatched to Panama to investigate the facts of this occurrence with a view particularly to the redress of parties aggrieved. But measures of another class will be demanded for the future security of interoceanic communication by this as by the other routes of the Isthmus.
It would be difficult to suggest a single object of interest, external or internal, more important to the United States than the maintenance of the communication, by land and sea, between the Atlantic and Pacific States and Territories of the Union It is a material element of the national integrity and sovereignty.
I have adopted such precautionary measures and have taken such action for the purpose of affording security to the several transit routes of Central America and to the persons and property of citizens of the United States connected with or using the same as are within my constitutional power and as existing circumstances have seemed to demand. Should these measures prove inadequate to the object, that fact will be communicated to Congress with such recommendations as the exigency of the case may indicate.
FRANKLIN PIERCE.
EXECUTIVE OFFICE,
_Washington, May 16, 1856_.
_To the Senate and House of Representatives_:
I communicate to Congress a report from the Secretary of the Interior, containing estimates of appropriations required in the fulfillment of treaty stipulations with certain Indian tribes, and recommend that the appropriations asked for be made in the manner therein suggested.
FRANKLIN PIERCE.
WASHINGTON, _May 19, 1856_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of the 7th ultimo, requesting the President “to communicate what information he may possess in regard to citizens of the United States being engaged in the slave trade, or in the transportation in American ships of coolies from China to Cuba and other countries with the intention of placing or continuing them in a state of slavery or servitude, and whether such traffic is not, in his opinion, a violation of the spirit of existing treaties, rendering those engaged in it liable to indictment for piracy; and especially that he be requested to communicate to this House the facts and circumstances attending the shipment from China of some 500 coolies in the ship _Sea Witch_, of the city of New York, lately wrecked on the coast of Cuba,” I transmit the accompanying report of the Secretary of State.
FRANKLIN PIERCE.
WASHINGTON, _May 20, 1856_.
_To the Senate of the United States_:
I transmit a copy of and extracts from dispatches of the late minister of the United States at London, and of his correspondence with Lord Clarendon which accompanied them, relative to the enlistment of soldiers for the British army within the United States by agents of the Government of Great Britain. These dispatches have been received since my message to the Senate upon the subject of the 2th of February last.
FRANKLIN PIERCE.
WASHINGTON, _May 22, 1856_.
_To the House of Representatives_:
I communicate herewith a report from the Secretary of War, in response to a resolution of the House of Representatives of the 12th instant, requesting me to inform the House “whether United States soldiers have been employed in the Territory of Kansas to arrest persons charged with a violation of certain supposed laws enacted by a supposed legislature assembled at Shawnee Mission.”
FRANKLIN PIERCE.
WASHINGTON, _May 29, 1856_.
_To the Senate and House of Representatives_:
I have ceased to hold intercourse with the envoy extraordinary and minister plenipotentiary of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland near this Government.
In making communication of this fact it has been deemed by me proper also to lay before Congress the considerations of indispensable public duty which have led to the adoption of a measure of so much importance. They appear in the documents herewith transmitted to both Houses.
FRANKLIN PIERCE.
WASHINGTON, _May 29, 1856_.
_To the Senate of the United States_:
In further answer to the resolution of the Senate of the 17th of January last, requesting a copy of any official correspondence not previously communicated touching the construction and purport of the convention between the United States and Great Britain of the 19th of April, 1850, I transmit a copy of an instruction of the 24th instant from the Secretary of State to the minister of the United States at London.
FRANKLIN PIERCE.
WASHINGTON, _June 3, 1856_.
_To the Senate and House of Representatives of the United States_:
I herewith communicate a letter of the 26th instant from the Secretary of the Interior, and accompanying papers, relative to the conflict of jurisdiction between the Federal and Cherokee courts and the inadequacy of protection against the intrusion of improper persons into the Cherokee country, and recommend the subject to the consideration of Congress.
FRANKLIN PIERCE.
WASHINGTON, _June 3, 1856_.
_To the House of Representatives_:
I transmit a report[59] from the Secretary of State, in answer to a resolution of the House of Representatives of the 29th ultimo.
FRANKLIN PIERCE.
[Footnote 59: Stating that no information relative to the action of the leading powers of Europe on the subject of privateering has been officially communicated by any foreign government.]
WASHINGTON, _June 4, 1856_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 8th of last month, requesting information in regard to a contemplated imposition of additional duties on American leaf tobacco by the Zollverein or Commercial Union of the German States, I transmit a report from the Secretary of State, to whom the resolution was referred.
FRANKLIN PIERCE.
WASHINGTON, _June 13, 1856_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of the 18th of February last, requesting me to communicate to the House “the report of Captain E.B. Boutwell, and all the documents accompanying it, relative to the operations of the United States sloop of war _John Adams_, under his command, at the Fejee Islands in the year 1855,” I transmit herewith a report of the Secretary of the Navy.
FRANKLIN PIERCE.
WASHINGTON, _June 18, 1856_.
_To the Senate of the United States_:
I transmit a report from the Secretary of State, with accompanying documents,[60] in answer to the resolution of the Senate of the 16th instant.
FRANKLIN PIERCE.
[Footnote 60: Instructions to Mr Buchanan, late minister to England, on the subject of free ships making free goods, and letter from Mr. Buchanan to Lord Clarendon on the same subject.]
WASHINGTON, _June 20, 1856_.
_To the Senate and House of Representatives of the United States_:
I communicate herewith a letter from the Secretary of the Interior and accompanying papers, respecting the sum of $16,024.80 now in the hands of the agent of the Choctaw Indians, being a balance remaining from the sales of Choctaw orphan reservations under the nineteenth article of the treaty of 1830, and commend the subject to the favorable consideration of Congress.
FRANKLIN PIERCE.
WASHINGTON, _June 23, 1856_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to ratification, a convention for the mutual delivery of criminals fugitives from justice in certain cases, and for other purposes, concluded at The Hague on the 29th ultimo between the United States and His Majesty the King of the Netherlands.
FRANKLIN PIERCE.
WASHINGTON, _July 3, 1856_.
_To the House of Representatives of the United States_:
In response to a resolution of the House of Representatives of the 18th ultimo, requesting me to inform the House “what measures, if any, have been taken to carry out the provisions of a late act of Congress authorizing the President to contract with Hiram Powers, the great American sculptor, now in Italy, for some work of art for the new Capitol, and appropriating $25,000 for that purpose,” I transmit herewith copies of three letters–one from Mr. Powers to Hon. Edward Everett and two from myself to the same gentleman.
Since the date of my letter of July 24, 1855, I have communicated with Mr. Everett upon the subject verbally and in writing, and the final proposition on my part, resulting therefrom, will be found in the accompanying extract of a letter dated June 5, 1856.
FRANKLIN PIERCE.
WASHINGTON, _July 7 1856_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of the 6th ultimo, respecting the location of the District armory upon the Mall in this city, I transmit the accompanying report from the Secretary of War.
FRANKLIN PIERCE.
WASHINGTON, _July 7, 1856_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to ratification, a convention for the mutual delivery of criminals fugitives from justice between the United States and Austria, signed in this city on the 3d instant.
FRANKLIN PIERCE.
WASHINGTON, _July 8, 1856_.
_To the House of Representatives_:
I communicate herewith a report of the Secretary of War, in reply to a resolution of the House of the 25th ultimo, “on the subject of Indian hostilities in Oregon and Washington Territories.”
FRANKLIN PIERCE.
WASHINGTON, _July 11, 1856_.
_To the Senate of the United States_:
In reply to a resolution of the Senate of May 23, requesting a “detailed statement of the sums which have been paid to newspapers published in Washington for advertisements or other printing published or executed under the orders or by authority of the several Departments since the 4th day of March, 1853,” I communicate herewith reports from the several Departments.
FRANKLIN PIERCE.
WASHINGTON, _July 15, 1856_.
_To the Senate and House of Representatives_:
I transmit a copy of a letter of November 27, 1854, from the commissioner of the United States in China, and of the regulations, orders, and decrees which accompanied it, for such revision thereof as Congress may deem expedient, pursuant to the sixth section of the act approved August 11, 1848.
FRANKLIN PIERCE.
EXECUTIVE OFFICE,
_Washington, July 21, 1856_.
_To the Senate and House of Representatives of the United States_:
I communicate to Congress herewith a letter from the Postmaster-General and a copy of a conditional contract entered into under instructions from me for the purchase of a lot and building thereon for a post-office in the city of Philadelphia, together with a copy of a report of Edward Clark, architect of the Patent Office building, in relation to the site and building selected, and recommend that an appropriation of $250,000 be made to complete the purchase, and also an appropriation of $50,000 to make the required alterations and furnish the necessary cases, boxes, etc., to fit it up for a city post-office.
FRANKLIN PIERCE.
WASHINGTON, _July 22, 1856_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to ratification, a treaty of friendship, commerce, navigation, and extradition between the United States and the Republic of Chili, signed at Santiago, in that Republic, on the 27th of May last.
FRANKLIN PIERCE.
WASHINGTON, _July 24, 1856_.
_To the Senate and House of Representatives_:
I herewith present to Congress a copy of “minutes of a council held at Fort Pierre, Nebraska Territory, on the 1st day of March, 1856, by Brevet Brigadier-General William S. Harney, United States Army, commanding the Sioux expedition, with the delegations from nine of the bands of the Sioux;” also copies of sundry papers upon the same subject.
Regarding the stipulations between General Harney and the nine bands of the Sioux as just and desirable, both for the United States and for the Indians, I respectfully recommend an appropriation by Congress of the sum of $100,000 to enable the Government to execute the stipulations entered into by General Harney.
FRANKLIN PIERCE.
WASHINGTON, _July 29, 1856_.
_To the Senate of the United States_:
I herewith lay before the Senate, for its constitutional action thereon, a treaty made and concluded at Muckl-te-oh, or Point Elliott, by Isaac I. Stevens, governor and superintendent of Indian affairs of Washington Territory, on the part of the United States, and chiefs, headmen, and delegates of the Dwamish, Suquamish, Sk-tahl-mish, Sam-ahmish, Smalh-kamish, Skope-ahmish, St-kah-mish, Snoqualmoo, Skai-wha-mish, N’Quentl-ma-mish, Sk-tah-le-jum, Stoluck-wha-mish, Sno-ho-mish, Ska-git, Kik-i-allus, Swin-a-mish, Squin-ah-mish, Sah-ku-mehu, Noo-wha-ha, Nook-wa-chah-mish, Mee-see-qua-guilch, Cho-bah-ah-bish, and other allied and subordinate tribes and bands of Indians in said Territory.
Also a treaty made and concluded at Hahd Skus, or Point no Point, on the 26th day of January, 1855, by and between the same commissioner on the part of the United States and the chiefs, headmen, and delegates of the different villages of the S’Klallams Indians in said Territory.
Also a treaty made and concluded at Neah Bay on the 31st day of January, 1855, by and between the same commissioner on the part of the United States and the chiefs, headmen, and delegates of the same villages of the Makah tribe of Indians in the said Territory.
FRANKLIN PIERCE.
WASHINGTON, _July 29, 1856_.
_To the Senate of the United States_:
I herewith lay before the Senate, for its constitutional action thereon, a treaty made and concluded by and between Isaac I. Stevens, governor and superintendent of Indian affairs of the Territory of Washington, on the part of the United States, and the chiefs, headmen, and delegates of the different tribes and bands of the Qui-nai-elt and Quil-leh-ute Indians in Washington Territory.
Said treaty was made on the 1st of July, 1855, and 25th January, 1856.
FRANKLIN PIERCE.
WASHINGTON, _July 29, 1856_.
_To the Senate of the United States_:
I herewith lay before the Senate, for its constitutional action thereon, a treaty made and concluded at the treaty ground at Hell Gate, in the Bitter Root Valley, on the 16th day of July, 1855, by and between Isaac I. Stevens, governor and superintendent of Indian affairs for the Territory of Washington, on the part of the United States, and the chiefs, headmen, and delegates of the confederate tribes of the Flathead, Koo-tenay, and Upper Pend d’Oreilles Indians, who by the treaty are constituted a nation, under the name of the Flat Head Nation.
FRANKLIN PIERCE.
WASHINGTON, _July 29, 1856_.
_To the Senate of the United States_:
I herewith lay before the Senate, for its constitutional action thereon, a treaty made and concluded at Wasco, near the Dalles of the Columbia River, in Oregon Territory, by and between Joel Palmer, superintendent of Indian affairs, on the part of the United States, and the chiefs and headmen of the confederated tribes and bands of Walla-Wallas and Was-coes Indians residing in middle Oregon. Said treaty was made on the 25th day of June, 1855.
FRANKLIN PIERCE.
WASHINGTON, _July 29, 1856_.
_To the Senate of the United States_:
I herewith lay before the Senate, for its constitutional action thereon, a treaty made and concluded on the 21st day of December, 1855, by and between Joel Palmer, superintendent of Indian affairs, on the part of the United States, and the chiefs and headmen of the Mo-lal-la-las, or Molel, tribe of Indians in Oregon Territory.
FRANKLIN PIERCE.
WASHINGTON, _July 29, 1856_.
_To the Senate of the United States_:
I herewith lay before the Senate, for its constitutional action thereon, a treaty made on the 9th of June, 1855, by and between Isaac I. Stevens, governor and superintendent of Indian affairs of the Territory of Washington, and Joel Palmer, superintendent of Indian affairs of the Territory of Oregon, on the part of the United States, and the chiefs, headmen, and delegates of the Walla-Wallas, Cayuses, and Umatilla tribes and bands of Indians, who for the purposes of the treaty are to be regarded as one nation. Also a treaty made on the 11th of June, 1855, by and between the same commissioners on the part of the United States and the chiefs, headmen, and delegates of the Nez Perce tribe of Indians.
The lands ceded by the treaties herewith lie partly in Washington and partly in Oregon Territories.
FRANKLIN PIERCE.
WASHINGTON, _July 29, 1856_.
_To the Senate of the United States_:
I herewith lay before the Senate, for its constitutional action thereon, a treaty made and concluded at Camp Stevens, Walla Walla Valley, on the 9th day of June, 1855, by and between Isaac I. Stevens, governor of and superintendent of Indian affairs for Washington Territory, on the part of the United States, and the head chiefs, chiefs, headmen, and delegates of the Yakama, Palouse, Pisquouse, Wenatshapam, Klikatat, Klin-quit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat tribes and bands of Indians, who for the purposes of the treaty are to be known as the “Yakama” Nation of Indians.
FRANKLIN PIERCE.
WASHINGTON, _July 30, 1856_.
_To the Senate of the United States_:
By the sixteenth article of the treaty of 4th March, 1853, between the United States and the Republic of Paraguay, as amended by a resolution of the Senate of the 1st May, 1854, it was provided that the exchange of the ratifications of that instrument should be effected within twenty-four months of its date; that is, on or before the 4th March, 1855.
From circumstances, however, over which the Government of the United States had no control, but which are not supposed to indicate any indisposition on the part of the Paraguayan Government to consummate the final formalities necessary to give full force and validity to the treaty, the exchange of ratifications has not yet been effected.
A similar condition exists in regard to the treaty between the United States and the Oriental Republic of Uruguay of the 28th August, 1852. The Senate, by a resolution of 13th June, 1854, extended the time within which the ratifications of that treaty might be exchanged to thirty months from its date. That limit, however, has expired, and the exchange has not been effected.
I deem it expedient to direct a renewal of negotiations with the Governments referred to, with a view to secure the exchange of the ratifications of these important conventions. But as the limit prescribed by the Senate in both cases has passed by, it is necessary that authority be conferred on the Executive for that purpose.
I consequently recommend that the Senate sanction an exchange of the ratifications of the treaties above mentioned at any time which may be deemed expedient by the President within three years from the date of the resolution to that effect.
FRANKLIN PIERCE.
WASHINGTON, _August 1, 1856_.
_To the Senate and House of Representatives of the United States_:
I communicate to Congress herewith the report of Major W.H. Emory, United States commissioner, on the survey of the boundary between the United States and the Republic of Mexico, referred to in the accompanying letter of this date from the Secretary of the Interior.
FRANKLIN PIERCE.
EXECUTIVE OFFICE,
_Washington, August 4, 1856_.
_To the House of Representatives of the United States_:
I herewith lay before the House of Representatives a report of the Secretary of War, in reply to a resolution of the House requesting “information in regard to the construction of the Capitol and Post-Office extensions.”
FRANKLIN PIERCE.
EXECUTIVE OFFICE,
_August 4, 1856_.
_To the Senate of the United States_:
I communicate herewith a report of the Secretary of War, in response to a resolution of the Senate calling for information in relation to instructions “issued to any military officer in command in Kansas to disperse any unarmed meeting of the people of that Territory, or to prevent by military power any assemblage of the people of that Territory.”
FRANKLIN PIERCE.
WASHINGTON, _August 4, 1856_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 1st instant, requesting a copy of papers touching recent events in the Territory of Washington, I transmit a report from the Secretary of State and the documents by which it was accompanied.
FRANKLIN PIERCE.
EXECUTIVE OFFICE,
_Washington, August 6, 1856_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of the 28th ultimo, requesting the President to inform the Senate in relation to any application “by the governor of the State of California to maintain the laws and peace of the said State against the usurped authority of an organization calling itself the committee of vigilance in the city and county of San Francisco,” and also “to lay before the Senate whatever information he may have in respect to the proceedings of the said committee of vigilance,” I transmit the accompanying reports from the Secretary of State and the Secretary of the Navy.
FRANKLIN PIERCE.
WASHINGTON, _August 8, 1856_.
_To the Senate of the United States_:
I herewith submit to the Senate, for its constitutional action thereon, a treaty negotiated with the Creek and Seminole Indians, together with the accompanying papers.
FRANKLIN PIERCE.
WASHINGTON, _August 9, 1856_.
_To the Senate of the United States_:
With a message of the 23d of June last I transmitted, for the consideration of the Senate, a convention for the mutual delivery of criminals fugitives from justice in certain cases, and for other purposes, concluded at The Hague on the 29th of May last between the United States and His Majesty the King of the Netherlands. Deeming it advisable to withdraw that instrument from the consideration of the Senate, I request that it may be returned to me.
FRANKLIN PIERCE.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to ratification, a treaty of amity, commerce, and navigation, and for the surrender of fugitive criminals, between the United States and the Republic of Venezuela, signed at Caracas on the 10th of July last.
FRANKLIN PIERCE.
AUGUST 9, 1856.
WASHINGTON, _August 11, 1856_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 3d March, 1855, requesting information relative to the proceedings of the commissioners for the adjustment of claims under the convention with Great Britain of the 8th of February, 1853, I transmit a report from the Secretary of State, to whom the resolution was referred.
FRANKLIN PIERCE.
WASHINGTON, _August 11, 1856_.
_To the House of Representatives of the United States_:
I transmit herewith a report of the Secretary of War, in reply to a resolution of the House of Representatives of May 26, 1856, in relation to the Capitol and Post-Office extensions.
FRANKLIN PIERCE.
WASHINGTON, _August 12, 1856_.
_To the Senate of the United States_:
I transmit a report from the Secretary of State, with accompanying papers,[61] in answer to the resolution of the Senate of yesterday.
FRANKLIN PIERCE.
[Footnote 61: Relating to “The declaration concerning maritime law,” adopted by the plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey at Paris April 16, 1856.]
WASHINGTON, _August 12, 1856_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 7th instant, in relation to the refusal of the Government of Honduras to receive a commercial agent from this country, I transmit a report from the Secretary of State and the documents which accompanied it.
FRANKLIN PIERCE.
WASHINGTON, _August 13, 1856_.
_To the Senate and House of Representatives_:
I transmit herewith a communication from the Secretary of War, inclosing a report of Captain M.C. Meigs, stating that the sum of $750,000 will be necessary for the prosecution of the Capitol extension until the close of the next session of Congress, and recommend that that amount may be appropriated.
FRANKLIN PIERCE.
WASHINGTON, _August 15, 1856_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 4th instant, requesting a copy of letters and papers touching the pardons or remission of the imprisonment of Daniel Drayton and Edward Sayres in August, 1852, I transmit a report from the Secretary of State, to whom the resolution was referred.
FRANKLIN PIERCE.
WASHINGTON, _August 15, 1856_.
_To the Senate and House of Representatives_:
I transmit herewith a report from the Secretary of War, in relation to an error in a communication[62] of Captain Meigs.
FRANKLIN PIERCE.
[Footnote 62: Relating to the Capitol extension.]
WASHINGTON, _August 16, 1856_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of the 11th instant, in relation to the public accounts of John C. Fremont, I transmit the accompanying report from the Secretary of the Treasury, to whom the resolution was referred.
FRANKLIN PIERCE.
WASHINGTON, _August 16, 1856_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of the 17th April, 1856, requesting me to have prepared and presented to the House of Representatives “a statement showing the appropriations made by the Thirty-first, Thirty-second, and Thirty-third Congresses, distinguishing the appropriations made at each session of each Congress, distinguishing also the appropriations made on the recommendations of the President, heads of Departments, or heads of bureaus from those that were made without such recommendation, and showing what expenditures have been made by the Government in each fiscal year, commencing with the 1st day of July, 1850, and ending on the 30th day of June, 1855; and also what, if any, defalcations have occurred from the 30th day of June, 1850, to the 1st day of July, 1855, and the amount of such defalcations severally, and such other information as may be in his power bearing upon the matters above mentioned,” I submit the following reports from the Secretaries of the Treasury, War, Navy, and Interior Departments and the Postmaster-General.
FRANKLIN PIERCE.
VETO MESSAGES.
WASHINGTON, _May 19, 1856_.
_To the Senate of the United States_:
I return herewith to the Senate, in which it originated, the bill entitled “An act to remove obstructions to navigation in the mouth of the Mississippi River at the Southwest Pass and Pass a l’Outre,” which proposes to appropriate a sum of money, to be expended under the superintendence of the Secretary of War, “for the opening and keeping open ship channels of sufficient capacity to accommodate the wants of commerce through the Southwest Pass and Pass a l’Outre, leading from the Mississippi River to the Gulf of Mexico.”
In a communication addressed by me to the two Houses of Congress on the 30th of December, 1854, my views were exhibited in full on the subject of the relation of the General Government to internal improvements. I set forth on that occasion the constitutional impediments, which in my mind are insuperable, to the prosecution of a system of internal improvements by means of appropriations from the Treasury of the United States, more especially the consideration that the Constitution does not confer on the General Government any express power to make such appropriations, that they are not a necessary and proper incident of any of the express powers, and that the assumption of authority on the part of the Federal Government to commence and carry on a general system of internal improvements, while exceptionable for the want of constitutional power, is in other respects prejudicial to the several interests and inconsistent with the true relation to one another of the Union and of the individual States.
These objections apply to the whole system of internal improvements, whether such improvements consist of works on land or in navigable waters, either of the seacoast or of the interior lakes or rivers.
I have not been able, after the most careful reflection, to regard the bill before me in any other light than as part of a general system of internal improvements, and therefore feel constrained to submit it, with these objections, to the reconsideration of Congress.
FRANKLIN PIERCE.
WASHINGTON, _May 19, 1856_.
_To the Senate of the United States_:
I return herewith to the Senate, in which it originated, a bill entitled “An act making an appropriation for deepening the channel over the St. Clair flats, in the State of Michigan,” and submit it for reconsideration, because it is, in my judgment, liable to the objections to the prosecution of internal improvements by the General Government which have already been presented by me in previous communications to Congress.
In considering this bill under the restriction that the power of Congress to construct a work of internal improvement is limited to cases in which the work is manifestly needful and proper for the execution of some one or more of the powers expressly delegated to the General Government, I have not been able to find for the proposed expenditure any such relation, unless it be to the power to provide for the common defense and to maintain an army and navy. But a careful examination of the subject, with the aid of information officially received since my last annual message was communicated to Congress, has convinced me that the expenditure of the sum proposed would serve no valuable purpose as contributing to the common defense, because all which could be effected by it would be to afford a channel of 12 feet depth and of so temporary a character that unless the work was done immediately before the necessity for its use should arise it could not be relied on for the vessels of even the small draft the passage of which it would permit.
Under existing circumstances, therefore, it can not be considered as a necessary means for the common defense, and is subject to those objections which apply to other works designed to facilitate commerce and contribute to the convenience and local prosperity of those more immediately concerned–an object not to be constitutionally and justly attained by the taxation of the people of the whole country.
FRANKLIN PIERCE.
WASHINGTON, _May 22, 1856_.
_To the Senate of the United States_:
Having considered the bill, which originated in the Senate, entitled “An act making an appropriation for deepening the channel over the flats of the St. Marys River, in the State of Michigan,” it is herewith returned without my approval.
The appropriation proposed by this bill is not, in my judgment, a necessary means for the execution of any of the expressly granted powers of the Federal Government. The work contemplated belongs to a general class of improvements, embracing roads, rivers, and canals, designed to afford additional facilities for intercourse and for the transit of commerce, and no reason has been suggested to my mind for excepting it from the objections which apply to appropriations by the General Government for deepening the channels of rivers wherever shoals or other obstacles impede their navigation, and thus obstruct communication and impose restraints upon commerce within the States or between the States or Territories of the Union. I therefore submit it to the reconsideration of Congress, on account of the same objections which have been presented in my previous communications on the subject of internal improvements.
FRANKLIN PIERCE.
WASHINGTON, _August 11, 1856_.
_To the House of Representatives_:
I return herewith to the House of Representatives, in which it originated, a bill entitled “An act for continuing the improvement of the Des Moines Rapids, in the Mississippi River,” and submit it for reconsideration, because it is, in my judgment, liable to the objections to the prosecution of internal improvements by the General Government set forth at length in a communication addressed by me to the two Houses of Congress on the 30th day of December, 1854, and in other subsequent messages upon the same subject, to which on this occasion I respectfully refer.
FRANKLIN PIERCE.
WASHINGTON, _August 14, 1856_.
_To the Senate of the United States_:
I return herewith to the Senate, in which it originated, a bill entitled “An act for the improvement of the navigation of the Patapsco River and to render the port of Baltimore accessible to the war steamers of the United States,” and submit it for reconsideration, because it is, in my judgment, liable to the objections to the prosecution of internal improvements by the General Government set forth at length in a communication addressed by me to the two Houses of Congress on the 30th day of December, 1854, and other subsequent messages upon the same subject, to which on this occasion I respectfully refer.
FRANKLIN PIERCE.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas information has been received by me that sundry persons, citizens of the United States and others resident therein, are preparing, within the jurisdiction of the same, to enlist, or enter themselves, or to hire or retain others to participate in military operations within the State of Nicaragua:
Now, therefore, I, Franklin Pierce, President of the United States, do warn all persons against connecting themselves with any such enterprise or undertaking, as being contrary to their duty as good citizens and to the laws of their country and threatening to the peace of the United States.
I do further admonish all persons who may depart from the United States, either singly or in numbers, organized or unorganized, for any such purpose, that they will thereby cease to be entitled to the protection of this Government.
I exhort all good citizens to discountenance and prevent any such disreputable and criminal undertaking as aforesaid, charging all officers, civil and military, having lawful power in the premises, to exercise the same for the purpose of maintaining the authority and enforcing the laws of the United States.
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 8th day of December, 1855, and of the Independence of the United States the eightieth.
FRANKLIN PIERCE.
By the President:
W.L. MARCY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas on the second section of an act of the Congress of the United States approved the 5th day of August, 1854, entitled “An act to carry into effect a treaty between the United States and Great Britain signed on the 5th day of June, 1854,” it is provided that whenever the island of Newfoundland shall give its consent to the application of the stipulations and provisions of the said treaty to that Province and the legislature thereof and the Imperial Parliament shall pass the necessary laws for that purpose, grain, flour, and breadstuffs of all kinds; animals of all kinds; fresh, smoked, and salted meats; cotton wool, seeds and vegetables, undried fruits, dried fruits, fish of all kinds, products of fish and all other creatures living in the water, poultry, eggs; hides, furs, skins, or tails, undressed; stone or marble in its crude or unwrought state, slate, butter, cheese, tallow, lard, horns, manures, ores of metals of all kinds, coal, pitch, tar, turpentine, ashes; timber and lumber of all kinds, round, hewed, and sawed, unmanufactured in whole or in part; firewood; plants, shrubs, and trees; pelts, wool, fish oil, rice, broom corn, and bark; gypsum, ground or unground; hewn or wrought or unwrought burr or grind stones, dyestuffs; flax, hemp, and tow, unmanufactured; unmanufactured tobacco, and rags–shall be admitted free of duty from that Province into the United States from and after the date of a proclamation by the President of the United States declaring that he has satisfactory evidence that the said Province has consented in a due and proper manner to have the provisions of the treaty extended to it and to allow the United States the full benefits of all the stipulations therein contained; and
Whereas I have satisfactory evidence that the Province of Newfoundland has consented in a due and proper manner to have the provisions of the aforesaid treaty extended to it and to allow the United States the full benefits of all the stipulations therein contained, so far as they are applicable to that Province:
Now, therefore, I, Franklin Pierce, President of the United States of America, do hereby declare and proclaim that from this date the articles enumerated in the preamble of this proclamation, being the growth and produce of the British North American colonies, shall be admitted from the aforesaid Province of Newfoundland into the United States free of duty so long as the aforesaid treaty shall remain in force.
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 12th day of December, A.D. 1855, and of the Independence of the United States the eightieth.
FRANKLIN PIERCE.
By the President:
W.L. MARCY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas indications exist that public tranquillity and the supremacy of law in the Territory of Kansas are endangered by the reprehensible acts or purposes of persons, both within and without the same, who propose to direct and control its political organization by force. It appearing that combinations have been formed therein to resist the execution of the Territorial laws, and thus in effect subvert by violence all present constitutional and legal authority; it also appearing that persons residing without the Territory, but near its borders, contemplate armed intervention in the affairs thereof; it also appearing that other persons, inhabitants of remote States, are collecting money, engaging men, and providing arms for the same purpose; and it further appearing that combinations within the Territory are endeavoring, by the agency of emissaries and otherwise, to induce individual States of the Union to intervene in the affairs thereof, in violation of the Constitution of the United States; and
Whereas all such plans for the determination of the future institutions of the Territory, if carried into action from within the same, will constitute the fact of insurrection, and if from without that of invasive aggression, and will in either case justify and require the forcible interposition of the whole power of the General Government, as well to maintain the laws of the Territory as those of the Union:
Now, therefore, I, Franklin Pierce, President of the United States, do issue this my proclamation to command all persons engaged in unlawful combinations against the constituted authority of the Territory of Kansas or of the United States to disperse and retire peaceably to their respective abodes, and to warn all such persons that any attempted insurrection in said Territory or aggressive intrusion into the same will be resisted not only by the employment of the local militia, but also by that of any available forces of the United States, to the end of assuring immunity from violence and full protection to the persons, property, and civil rights of all peaceable and law-abiding inhabitants of the Territory.
If, in any part of the Union, the fury of faction or fanaticism, inflamed into disregard of the great principles of popular sovereignty which, under the Constitution, are fundamental in the whole structure of our institutions is to bring on the country the dire calamity of an arbitrament of arms in that Territory, it shall be between lawless violence on the one side and conservative force on the other, wielded by legal authority of the General Government.
I call on the citizens, both of adjoining and of distant States, to abstain from unauthorized intermeddling in the local concerns of the Territory, admonishing them that its organic law is to be executed with impartial justice, that all individual acts of illegal interference will incur condign punishment, and that any endeavor to intervene by organized force will be firmly withstood.
I invoke all good citizens to promote order by rendering obedience to the law, to seek remedy for temporary evils by peaceful means, to discountenance and repulse the counsels and the instigations of agitators and of disorganizers, and to testify their attachment to their country, their pride in its greatness, their appreciation of the blessings they enjoy, and their determination that republican institutions shall not fail in their hands by cooperating to uphold the majesty of the laws and to vindicate the sanctity of the Constitution.
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 11th day of February, A.D. 1856, and of the Independence of the United States the eightieth.
FRANKLIN PIERCE.
By the President:
W.L. MARCY,
_Secretary of State_.
FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
_To all whom it may concern_:
Whereas by letters patent under the seal of the United States bearing date the 2d day of March, A.D. 1843, the President recognized Anthony Barclay as consul of Her Britannic Majesty at New York and declared him free to exercise and enjoy such functions, powers, and privileges as are allowed to the consuls of the most favored nations, but, for good and sufficient reasons, it is deemed proper that he should no longer exercise the said functions within the United States:
Now, therefore, be it known that I, Franklin Pierce, President of the United States of America, do hereby declare that the powers and privileges conferred as aforesaid on the said Anthony Barclay are revoked and annulled.
In testimony whereof I have caused these letters to be made patent and the seal of the United States to be hereunto affixed.
[SEAL.]
Given under my hand, at the city of Washington, the 28th day of May, A.D. 1856, and of the Independence of the United States of America the eightieth.
FRANKLIN PIERCE.
By the President:
W.L. MARCY,
_Secretary of State_.
FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
_To all whom it may concern_:
Whereas by letters patent under the seal of the United States bearing date the 2d day of August, A.D. 1853, the President recognized George Benvenuto Mathew as consul of Her Britannic Majesty at Philadelphia and declared him free to exercise and enjoy such functions, powers, and privileges as are allowed to the consuls of the most favored nations, but, for good and sufficient reasons, it is deemed proper that he should no longer exercise the said functions within the United States:
Now, therefore, be it known that I, Franklin Pierce, President of the United States of America, do hereby declare that the powers and privileges conferred as aforesaid on the said George Benvenuto Mathew are revoked and annulled.
In testimony whereof I have caused these letters to be made patent and the seal of the United States to be hereunto affixed.
[SEAL.]
Given under my hand, at the city of Washington, the 28th day of May, A.D. 1856, and of the Independence of the United States of America the eightieth.
FRANKLIN PIERCE.
By the President:
W.L. MARCY,
_Secretary of State_.
FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA.
_To all whom it may concern_:
Whereas by letters patent under the seal of the United States bearing date the 17th day of August, A.D. 1852, the President recognized Charles Rowcroft as consul of Her Britannic Majesty at Cincinnati and declared him free to exercise and enjoy such functions, powers, and privileges as are allowed to the consuls of the most favored nations, but, for good and sufficient reasons, it is deemed proper that he should no longer exercise the said functions within the United States:
Now, therefore, be it known that I, Franklin Pierce, President of the United States of America, do hereby declare that the powers and privileges conferred as aforesaid on the said Charles Rowcroft are revoked and annulled.
In testimony whereof I have caused these letters to be made patent and the seal of the United States to be hereunto affixed.
[SEAL.]
Given under my hand, at the city of Washington, the 28th day of May, A.D. 1856, and of the Independence of the United States of America the eightieth.
FRANKLIN PIERCE.
By the President:
W.L. MARCY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to the first article of the treaty between the United States and the Mexican Republic of the 30th day of December, 1853, the true limits between the territories of the contracting parties were declared to be as follows:
Retaining the same dividing line between the two Californias as already defined and established according to the fifth article of the treaty of Guadalupe Hidalgo, the limits between the two Republics shall be as follows:
Beginning in the Gulf of Mexico 3 leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31 deg. 47′ north latitude crosses the same; thence due west 100 miles; thence south to the parallel of 31 deg. 20′ north latitude; thence along the said parallel of 31 deg. 20′ to the one hundred and eleventh meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River 20 English miles below the junction of the Gila and Colorado rivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico.
And whereas the said dividing line has been surveyed, marked out, and established by the respective commissioners of the contracting parties, pursuant to the same article of the said treaty:
Now, therefore, be it known that I, Franklin Pierce, President of the United States of America, do hereby declare to all whom it may concern that the line aforesaid shall be held and considered as the boundary between the United States and the Mexican Republic and shall be respected as such by the United States and the citizens thereof.
In testimony whereof I have caused the seal of the United States to be hereunto affixed.
[SEAL.]
Given under my hand, at the city of Washington, this 2d day of June, A.D. 1856, and of the Independence of the United States the eightieth.
FRANKLIN PIERCE.
By the President:
W.L. MARCY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas whilst hostilities exist with various Indian tribes on the remote frontiers of the United States, and whilst in other respects the public peace is seriously threatened, Congress has adjourned without granting necessary supplies for the Army, depriving the Executive of the power to perform his duty in relation to the common defense and security, and an extraordinary occasion has thus arisen for assembling the two Houses of Congress, I do therefore by this my proclamation convene the said Houses to meet in the Capitol, at the city of Washington, on Thursday, the 21st day of August instant, hereby requiring the respective Senators and Representatives then and there to assemble to consult and determine on such measures as the state of the Union may seem to require.
In testimony whereof I have caused the seal of the United States to be hereunto affixed and signed the same with my hand.
[SEAL.]
Done at the city of Washington, the 18th day of August, A.D. 1856, and of the Independence of the United States the eighty-first.
FRANKLIN PIERCE.
By order:
W.L. MARCY,
_Secretary of State_.
SPECIAL SESSION MESSAGE.
WASHINGTON, _August 21, 1856_.
_Fellow-Citizens of the Senate and House of Representatives_:
In consequence of the failure of Congress at its recent session to make provision for the support of the Army, it became imperatively incumbent on me to exercise the power which the Constitution confers on the Executive for extraordinary occasions, and promptly to convene the two Houses in order to afford them an opportunity of reconsidering a subject of such vital interest to the peace and welfare of the Union.
With the exception of a partial authority vested by law in the Secretary of War to contract for the supply of clothing and subsistence, the Army is wholly dependent on the appropriations annually made by Congress. The omission of Congress to act in this respect before the termination of the fiscal year had already caused embarrassments to the service, which were overcome only in expectation of appropriations before the close of the present month. If the requisite funds be not speedily provided, the Executive will no longer be able to furnish the transportation, equipments, and munitions which are essential to the effectiveness of a military force in the field. With no provision for the pay of troops the contracts of enlistment would be broken and the Army must in effect be disbanded, the consequences of which would be so disastrous as to demand all possible efforts to avert the calamity.
It is not merely that the officers and enlisted men of the Army are to be thus deprived of the pay and emoluments to which they are entitled by standing laws; that the construction of arms at the public armories, the repair and construction of ordnance at the arsenals, and the manufacture of military clothing and camp equipage must be discontinued, and the persons connected with this branch of the public service thus be deprived suddenly of the employment essential to their subsistence; nor is it merely the waste consequent on the forced abandonment of the seaboard fortifications and of the interior military posts and other establishments, and the enormous expense of recruiting and reorganizing the Army and again distributing it over the vast regions which it now occupies. These are evils which may, it is true, be repaired hereafter by taxes imposed on the country; but other evils are involved, which no expenditures, however lavish, could remedy, in comparison with which local and personal injuries or interests sink into insignificance.
A great part of the Army is situated on the remote frontier or in the deserts and mountains of the interior. To discharge large bodies of men in such places without the means of regaining their homes, and where few, if any, could obtain subsistence by honest industry, would be to subject them to suffering and temptation, with disregard of justice and right most derogatory to the Government.
In the Territories of Washington and Oregon numerous bands of Indians are in arms and are waging a war of extermination against the white inhabitants; and although our troops are actively carrying on the campaign, we have no intelligence as yet of a successful result. On the Western plains, notwithstanding the imposing display of military force recently made there and the chastisement inflicted on the rebellious tribes, others, far from being dismayed, have manifested hostile intentions and been guilty of outrages which, if not designed to provoke a conflict, serve to show that the apprehension of it is insufficient wholly to restrain their vicious propensities. A strong force in the State of Texas has produced a temporary suspension of hostilities there, but in New Mexico incessant activity on the part of the troops is required to keep in check the marauding tribes which infest that Territory. The hostile Indians have not been removed from the State of Florida, and the withdrawal of the troops therefrom, leaving that object unaccomplished, would be most injurious to the inhabitants and a breach of the positive engagement of the General Government.
To refuse supplies to the Army, therefore, is to compel the complete cessation of all its operations and its practical disbandment, and thus to invite hordes of predatory savages from the Western plains and the Rocky Mountains to spread devastation along a frontier of more than 4,000 miles in extent and to deliver up the sparse population of a vast tract of country to rapine and murder.
Such, in substance, would be the direct and immediate effects of the refusal of Congress, for the first time in the history of the Government, to grant supplies for the maintenance of the Army–the inevitable waste of millions of public treasure; the infliction of extreme wrong upon all persons connected with the military establishment by service, employment, or contracts; the recall of our forces from the field; the fearful sacrifice of life and incalculable destruction of property on the remote frontiers; the striking of our national flag on the battlements of the fortresses which defend our maritime cities against foreign invasion; the violation of the public honor and good faith, and the discredit of the United States in the eyes of the civilized world.
I confidently trust that these considerations, and others appertaining to the domestic peace of the country which can not fail to suggest themselves to every patriotic mind, will on reflection be duly appreciated by both Houses of Congress and induce the enactment of the requisite provisions of law for the support of the Army of the United States.
FRANKLIN PIERCE.
SPECIAL MESSAGE.
EXECUTIVE OFFICE,
_Washington, August 21, 1856_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of War, in relation to the balances remaining in the Treasury from the last appropriation for the support of the Army.
FRANKLIN PIERCE.
FOURTH ANNUAL MESSAGE.
WASHINGTON, _December 2, 1856_.
_Fellow-Citizens of the Senate and of the House of Representatives_:
The Constitution requires that the President shall from time to time not only recommend to the consideration of Congress such measures as he may judge necessary and expedient, but also that he shall give information to them of the state of the Union. To do this fully involves exposition of all matters in the actual condition of the country, domestic or foreign, which essentially concern the general welfare. While performing his constitutional duty in this respect, the President does not speak merely to express personal convictions, but as the executive minister of the Government, enabled by his position and called upon by his official obligations to scan with an impartial eye the interests of the whole and of every part of the United States.
Of the condition of the domestic interests of the Union–its agriculture, mines, manufactures, navigation, and commerce–it is necessary only to say that the internal prosperity of the country, its continuous and steady advancement in wealth and population and in private as well as public well-being, attest the wisdom of our institutions and the predominant spirit of intelligence and patriotism which, notwithstanding occasional irregularities of opinion or action resulting from popular freedom, has distinguished and characterized the people of America.
In the brief interval between the termination of the last and the commencement of the present session of Congress the public mind has been occupied with the care of selecting for another constitutional term the President and Vice-President of the United States.
The determination of the persons who are of right, or contingently, to preside over the administration of the Government is under our system committed to the States and the people. We appeal to them, by their voice pronounced in the forms of law, to call whomsoever they will to the high post of Chief Magistrate.
And thus it is that as the Senators represent the respective States of the Union and the members of the House of Representatives the several constituencies of each State, so the President represents the aggregate population of the United States. Their election of him is the explicit and solemn act of the sole sovereign authority of the Union.
It is impossible to misapprehend the great principles which by their recent political action the people of the United States have sanctioned and announced.
They have asserted the constitutional equality of each and all of the States of the Union as States; they have affirmed the constitutional equality of each and all of the citizens of the United States as citizens, whatever their religion, wherever their birth or their residence; they have maintained the inviolability of the constitutional rights of the different sections of the Union, and they have proclaimed their devoted and unalterable attachment to the Union and to the Constitution, as objects of interest superior to all subjects of local or sectional controversy, as the safeguard of the rights of all, as the spirit and the essence of the liberty, peace, and greatness of the Republic.
In doing this they have at the same time emphatically condemned the idea of organizing in these United States mere geographical parties, of marshaling in hostile array toward each other the different parts of the country, North or South, East or West.
Schemes of this nature, fraught with incalculable mischief, and which the considerate sense of the people has rejected, could have had countenance in no part of the country had they not been disguised by suggestions plausible in appearance, acting upon an excited state of the public mind, induced by causes temporary in their character and, it is to be hoped, transient in their influence.
Perfect liberty of association for political objects and the widest scope of discussion are the received and ordinary conditions of government in our country. Our institutions, framed in the spirit of confidence in the intelligence and integrity of the people, do not forbid citizens, either individually or associated together, to attack by writing, speech, or any other methods short of physical force the Constitution and the very existence of the Union. Under the shelter of this great liberty, and protected by the laws and usages of the Government they assail, associations have been formed in some of the States of individuals who, pretending to seek only to prevent the spread of the institution of slavery into the present or future inchoate States of the Union, are really inflamed with desire to change the domestic institutions of existing States. To accomplish their objects they dedicate themselves to the odious task of depreciating the government organization which stands in their way and of calumniating with indiscriminate invective not only the citizens of particular States with whose laws they find fault, but all others of their fellow-citizens throughout the country who do not participate with them in their assaults upon the Constitution, framed and adopted by our fathers, and claiming for the privileges it has secured and the blessings it has conferred the steady support and grateful reverence of their children. They seek an object which they well know to be a revolutionary one. They are perfectly aware that the change in the relative condition of the white and black races in the slaveholding States which they would promote is beyond their lawful authority; that to them it is a foreign object; that it can not be effected by any peaceful instrumentality of theirs; that for them and the States of which they are citizens the only path to its accomplishment is through burning cities, and ravaged fields, and slaughtered populations, and all there is most terrible in foreign complicated with civil and servile war; and that the first step in the attempt is the forcible disruption of a country embracing in its broad bosom a degree of liberty and an amount of individual and public prosperity to which there is no parallel in history, and substituting in its place hostile governments, driven at once and inevitably into mutual devastation and fratricidal carnage, transforming the now peaceful and felicitous brotherhood into a vast permanent camp of armed men like the rival monarchies of Europe and Asia. Well knowing that such, and such only, are the means and the consequences of their plans and purposes, they endeavor to prepare the people of the United States for civil war by doing everything in their power to deprive the Constitution and the laws of moral authority and to undermine the fabric of the Union by appeals to passion and sectional prejudice, by indoctrinating its people with reciprocal hatred, and by educating them to stand face to face as enemies, rather than shoulder to shoulder as friends.
It is by the agency of such unwarrantable interference, foreign and domestic, that the minds of many otherwise good citizens have been so inflamed into the passionate condemnation of the domestic institutions of the Southern States as at length to pass insensibly to almost equally passionate hostility toward their fellow-citizens of those States, and thus finally to fall into temporary fellowship with the avowed and active enemies of the Constitution. Ardently attached to liberty in the abstract, they do not stop to consider practically how the objects they would attain can be accomplished, nor to reflect that, even if the evil were as great as they deem it, they have no remedy to apply, and that it can be only aggravated by their violence and unconstitutional action. A question which is one of the most difficult of all the problems of social institution, political economy, and statesmanship they treat with unreasoning intemperance of thought and language. Extremes beget extremes. Violent attack from the North finds its inevitable consequence in the growth of a spirit of angry defiance at the South. Thus in the progress of events we had reached that consummation, which the voice of the people has now so pointedly rebuked, of the attempt of a portion of the States, by a sectional organization and movement, to usurp the control of the Government of the United States.
I confidently believe that the great body of those who inconsiderately took this fatal step are sincerely attached to the Constitution and the Union. They would upon deliberation shrink with unaffected horror from any conscious act of disunion or civil war. But they have entered into a path which leads nowhere unless it be to civil war and disunion, and which has no other possible outlet. They have proceeded thus far in that direction in consequence of the successive stages of their progress having consisted of a series of secondary issues, each of which professed to be confined within constitutional and peaceful limits, but which attempted indirectly what few men were willing to do directly; that is, to act aggressively against the constitutional rights of nearly one-half of the thirty-one States.
In the long series of acts of indirect aggression, the first was the strenuous agitation by citizens of the Northern States, in Congress and out of it, of the question of negro emancipation in the Southern States.
The second step in this path of evil consisted of acts of the people of the Northern States, and in several instances of their governments, aimed to facilitate the escape of persons held to service in the Southern States and to prevent their extradition when reclaimed according to law and in virtue of express provisions of the Constitution. To promote this object, legislative enactments and other means were adopted to take away or defeat rights which the Constitution solemnly guaranteed. In order to nullify the then existing act of Congress concerning the extradition of fugitives from service, laws were enacted in many States forbidding their officers, under the severest penalties, to participate in the execution of any act of Congress whatever. In this way that system of harmonious cooperation between the authorities of the United States and of the several States, for the maintenance of their common institutions, which existed in the early years of the Republic was destroyed; conflicts of jurisdiction came to be frequent, and Congress found itself compelled, for the support of the Constitution and the vindication of its power, to authorize the appointment of new officers charged with the execution of its acts, as if they and the officers of the States were the ministers, respectively, of foreign governments in a state of mutual hostility rather than fellow-magistrates of a common country peacefully subsisting under the protection of one well-constituted Union. Thus here also aggression was followed by reaction, and the attacks upon the Constitution at this point did but serve to raise up new barriers for its defense and security.
The third stage of this unhappy sectional controversy was in connection with the organization of Territorial governments and the admission of new States into the Union. When it was proposed to admit the State of Maine, by separation of territory from that of Massachusetts, and the State of Missouri, formed of a portion of the territory ceded by France to the United States, representatives in Congress objected to the admission of the latter unless with conditions suited to particular views of public policy. The imposition of such a condition was successfully resisted; but at the same period the question was presented of imposing restrictions upon the residue of the territory ceded by France. That question was for the time disposed of by the adoption of a geographical line of limitation.
In this connection it should not be forgotten that when France, of her own accord, resolved, for considerations of the most far-sighted sagacity, to cede Louisiana to the United States, and that accession was accepted by the United States, the latter expressly engaged that “the inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their _liberty, property_, and the religion which they profess;” that is to say, while it remains in a Territorial condition its inhabitants are maintained and protected in the free enjoyment of their liberty and property, with a right then to pass into the condition of States on a footing of perfect equality with the original States.
The enactment which established the restrictive geographical line was acquiesced in rather than approved by the States of the Union. It stood on the statute book, however, for a number of years; and the people of the respective States acquiesced in the reenactment of the principle as applied to the State of Texas, and it was proposed to acquiesce in its further application to the territory acquired by the United States from Mexico. But this proposition was successfully resisted by the representatives from the Northern States, who, regardless of the statute line, insisted upon applying restriction to the new territory generally, whether lying north or south of it, thereby repealing it as a legislative compromise, and, on the part of the North, persistently violating the compact, if compact there was.
Thereupon this enactment ceased to have binding virtue in any sense, whether as respects the North or the South, and so in effect it was treated on the occasion of the admission of the State of California and the organization of the Territories of New Mexico, Utah, and Washington.
Such was the state of this question when the time arrived for the organization of the Territories of Kansas and Nebraska. In the progress of constitutional inquiry and reflection it had now at length come to be seen clearly that Congress does not possess constitutional power to impose restrictions of this character upon any present or future State of the Union. In a long series of decisions, on the fullest argument and after the most deliberate consideration, the Supreme Court of the United States had finally determined this point in every form under which the question could arise, whether as affecting public or private rights–in questions of the public domain, of religion, of navigation, and of servitude.
The several States of the Union are by force of the Constitution coequal in domestic legislative power. Congress can not change a law of domestic relation in the State of Maine; no more can it in the State of Missouri. Any statute which proposes to do this is a mere nullity; it takes away no right, it confers none. If it remains on the statute book unrepealed, it remains there only as a monument of error and a beacon of warning to the legislator and the statesman. To repeal it will be only to remove imperfection from the statutes, without affecting, either in the sense of permission or of prohibition, the action of the States or of their citizens.
Still, when the nominal restriction of this nature, already a dead letter in law, was in terms repealed by the last Congress, in a clause of the act organizing the Territories of Kansas and Nebraska, that repeal was made the occasion of a widespread and dangerous agitation.
It was alleged that the original enactment being a compact of perpetual moral obligation, its repeal constituted an odious breach of faith.
An act of Congress, while it remains unrepealed, more especially if it be constitutionally valid in the judgment of those public functionaries whose duty it is to pronounce on that point, is undoubtedly binding on the conscience of each good citizen of the Republic. But in what sense can it be asserted that the enactment in question was invested with perpetuity and entitled to the respect of a solemn compact? Between whom was the compact? No distinct contending powers of the Government, no separate sections of the Union treating as such, entered into treaty stipulations on the subject. It was a mere clause of an act of Congress, and, like any other controverted matter of legislation, received its final shape and was passed by compromise of the conflicting opinions or sentiments of the members of Congress. But if it had moral authority over men’s consciences, to whom did this authority attach? Not to those of the North, who had repeatedly refused to confirm it by extension and who had zealously striven to establish other and incompatible regulations upon the subject. And if, as it thus appears, the supposed compact had no obligatory force as to the North, of course it could not have had any as to the South, for all such compacts must be mutual and of reciprocal obligation.
It has not unfrequently happened that lawgivers, with undue estimation of the value of the law they give or in the view of imparting to it peculiar strength, make it perpetual in terms; but they can not thus bind the conscience, the judgment, and the will of those who may succeed them, invested with similar responsibilities and clothed with equal authority. More careful investigation may prove the law to be unsound in principle. Experience may show it to be imperfect in detail and impracticable in execution. And then both reason and right combine not merely to justify but to require its repeal.
The Constitution, supreme, as it is, over all the departments of the Government–legislative, executive, and judicial–is open to amendment by its very terms; and Congress or the States may, in their discretion, propose amendment to it, solemn compact though it in truth is between the sovereign States of the Union. In the present instance a political enactment which had ceased to have legal power or authority of any kind was repealed. The position assumed that Congress had no moral right to enact such repeal was strange enough, and singularly so in view of the fact that the argument came from those who openly refused obedience to existing laws of the land, having the same popular designation and quality as compromise acts; nay, more, who unequivocally disregarded and condemned the most positive and obligatory injunctions of the Constitution itself, and sought by every means within their reach to deprive a portion of their fellow-citizens of the equal enjoyment of those rights and privileges guaranteed alike to all by the fundamental compact of our Union.
This argument against the repeal of the statute line in question was accompanied by another of congenial character and equally with the former destitute of foundation in reason and truth. It was imputed that the measure originated in the conception of extending the limits of slave labor beyond those previously assigned to it, and that such was its natural as well as intended effect; and these baseless assumptions were made, in the Northern States, the ground of unceasing assault upon constitutional right.
The repeal in terms of a statute, which was already obsolete and also null for unconstitutionality, could have no influence to obstruct or to promote the propagation of conflicting views of political or social institution. When the act organizing the Territories of Kansas and Nebraska was passed, the inherent effect upon that portion of the public domain thus opened to legal settlement was to admit settlers from all the States of the Union alike, each with his convictions of public policy and private interest, there to found, in their discretion, subject to such limitations as the Constitution and acts of Congress might prescribe, new States, hereafter to be admitted into the Union. It was a free field, open alike to all, whether the statute line of assumed restriction were repealed or not. That repeal did not open to free competition of the diverse opinions and domestic institutions a field which without such repeal would have been closed against them; it found that field of competition already opened, in fact and in law. All the repeal did was to relieve the statute book of an objectionable enactment, unconstitutional in effect and injurious in terms to a large portion of the States.
Is it the fact that in all the unsettled regions of the United States, if emigration be left free to act in this respect for itself, without legal prohibitions on either side, slave labor will spontaneously go everywhere in preference to free labor? Is it the fact that the peculiar domestic institutions of the Southern States possess relatively so much of vigor that wheresoever an avenue is freely opened to all the world they will penetrate to the exclusion of those of the Northern States? Is it the fact that the former enjoy, compared with the latter, such irresistibly superior vitality, independent of climate, soil, and all other accidental circumstances, as to be able to produce the supposed result in spite of the assumed moral and natural obstacles to its accomplishment and of the more numerous population of the Northern States?
The argument of those who advocate the enactment of new laws of restriction and condemn the repeal of old ones in effect avers that their particular views of government have no self-extending or self-sustaining power of their own, and will go nowhere unless forced by act of Congress. And if Congress do but pause for a moment in the policy of stern coercion; if it venture to try the experiment of leaving men to judge for themselves what institutions will best suit them; if it be not strained up to perpetual legislative exertion on this point–if Congress proceed thus to act in the very spirit of liberty, it is at once charged with aiming to extend slave labor into all the new Territories of the United States.
Of course these imputations on the intentions of Congress in this respect, conceived, as they were, in prejudice and disseminated in passion, are utterly destitute of any justification in the nature of things and contrary to all the fundamental doctrines and principles of civil liberty and self-government.
While, therefore, in general, the people of the Northern States have never at any time arrogated for the Federal Government the power to interfere directly with the domestic condition of persons in the Southern States, but, on the contrary, have disavowed all such intentions and have shrunk from conspicuous affiliation with those few who pursue their fanatical objects avowedly through the contemplated means of revolutionary change of the Government and with acceptance of the necessary consequences–a civil and servile war–yet many citizens have suffered themselves to be drawn into one evanescent political issue of agitation after another, appertaining to the same set of opinions, and which subsided as rapidly as they arose when it came to be seen, as it uniformly did, that they were incompatible with the compacts of the Constitution and the existence of the Union. Thus when the acts of some of the States to nullify the existing extradition law imposed upon Congress the duty of passing a new one, the country was invited by agitators to enter into party organization for its repeal; but that agitation speedily ceased by reason of the impracticability of its object. So when the statute restriction upon the institutions of new States by a geographical line had been repealed, the country was urged to demand its restoration, and that project also died almost with its birth. Then followed the cry of alarm from the North against imputed Southern encroachments, which cry sprang in reality from the spirit of revolutionary attack on the domestic institutions of the South, and, after a troubled existence of a few months, has been rebuked by the voice of a patriotic people.
Of this last agitation, one lamentable feature was that it was carried on at the immediate expense of the peace and happiness of the people of the Territory of Kansas. That was made the battlefield, not so much of opposing factions or interests within itself as of the conflicting passions of the whole people of the United States. Revolutionary disorder in Kansas had its origin in projects of intervention deliberately arranged by certain members of that Congress which enacted the law for the organization of the Territory; and when propagandist colonization of Kansas had thus been undertaken in one section of the Union for the systematic promotion of its peculiar views of policy there ensued as a matter of course a counteraction with opposite views in other sections of the Union.
In consequence of these and other incidents, many acts of disorder, it is undeniable, have been perpetrated in Kansas, to the occasional interruption rather than the permanent suspension of regular government. Aggressive and most reprehensible incursions into the Territory were undertaken both in the North and the South, and entered it on its northern border by the way of Iowa, as well as on the eastern by way of Missouri; and there has existed within it a state of insurrection against the constituted authorities, not without countenance from inconsiderate persons in each of the great sections of the Union. But the difficulties in that Territory have been extravagantly exaggerated for purposes of political agitation elsewhere. The number and gravity of the acts of violence have been magnified partly by statements entirely untrue and partly by reiterated accounts of the same rumors or facts. Thus the Territory has been seemingly filled with extreme violence, when the whole amount of such acts has not been greater than what occasionally passes before us in single cities to the regret of all good citizens, but without being regarded as of general or permanent political consequence.
Imputed irregularities in the elections had in Kansas, like occasional irregularities of the same description in the States, were beyond the sphere of action of the Executive. But incidents of actual violence or of organized obstruction of law, pertinaciously renewed from time to time, have been met as they occurred by such means as were available and as the circumstances required, and nothing of this character now remains to affect the general peace of the Union. The attempt of a part of the inhabitants of the Territory to erect a revolutionary government, though sedulously encouraged and supplied with pecuniary aid from active agents of disorder in some of the States, has completely failed. Bodies of armed men, foreign to the Territory, have been prevented from entering or compelled to leave it; predatory bands, engaged in acts of rapine under cover of the existing political disturbances, have been arrested or dispersed, and every well-disposed person is now enabled once more to devote himself in peace to the pursuits of prosperous industry, for the prosecution of which he undertook to participate in the settlement of the Territory.
It affords me unmingled satisfaction thus to announce the peaceful condition of things in Kansas, especially considering the means to which it was necessary to have recourse for the attainment of the end, namely, the employment of a part of the military force of the United States. The withdrawal of that force from its proper duty of defending the country against foreign foes or the savages of the frontier to employ it for