The President’s Message
Fellow-Citizen! of the Senate
and the Home oj Representatives : |
Our deep an ' heartfelt gratitude is due i
to that Almighty Power which lias be- :
■towed upon us such varied and numer- |
mis blessing' throughout the past year, j
The general health rf the country has |
been excellent; our harvest have been un- |
nsuallv plentiful, and prosnerl y smiles j
'hroughont the land* Indeed, notwith- j
sta tiding our demeits, we have much rea
son to believe, from the p'st even's n
our history, ttiat we have enjoyed the spe
cial protection of Divine Providence ever
since our origin ns a nation. We have
been exposed to many threatening and
alarming difficulties in' onr progress; but
on each successive occasion the impend
ing cloud has been dissipated at the mo
ment it. appeared ready to hirst nnon our
institutions has passed away. May we
ever lie under the Dlvince guidance and
protection.
While it Is the dutv of the President
“from lime to time to give to GongTess in
formation of the state of the Union,” 1
shall not refer in detail to the recent sad
and bloody occurrence at Harper’s Ferry.
Still, it is p.oper to o'-serve that lliese
events, however had and cruel in them
selves, derive their chief importance from
the apprehension that they are but symp
toms of an incurable disease in the public
inind, which may break out in still more
dangerous outrages and terminate at last
in an open war bv the North to abolish
slavery in the Son'll. While, Tor myself,
I entertain no such apprehension, thev
ought to afford a solemn warning to us all
to beware of the apnroach of danger.
Our Unio . is a stake of such inestimable
value as to demand our constant and
watchful vigilance for its preservation.
In tins view, let mo implore inv country
men, North and South, to cultivate the an
cient feelings .if mutual forbearance and
good-will towards each other, and strive
to allay the demon spirit of sectional ha
tred and strife no*v alive in the land.
This advice proceeds from the tieart of an
old public functionary whose services
commenced in the last generation, among
the wise and con ervativo statesmen of
that day, now nearly all passed away,
and whose fi st and dearest earthly wish
is to leave his country tranquil, prosper
ous, united and powerful.
We ought to reflect that in this age, and
especially in this country, there is an in
cessant flux and reflux of public opinion.
~ I- * V. „ : naaiivnorl tJ
most threatening aspect, have now nearly
gone from the memo1 y of men. Thevare
« volcanoes burnt out, and on the lava
and ashes and squalid scorim of old erup
tions grow the peaceful olive, che cheering
vine, and the sustaining corn.” Such,
in my opinion, will prove to be the fate of
the present sectional excitement, should
those who wisely see to apply the remedy
continue always to coniine their efforts
wilhin-the pale of the Constitution. If
this course be pursued, the existing agi'a
tion on the subject of domestic slavery,
like everything human, will hnve ils day
and give place to other and less threaten
ing controversies. Pub’ic opinion in this
country is all powerful, and when it
reaches a dangerous excess upon anv
question, the good sense of the people
will furnish the corrective and bring it
hack within safe limits. Still, to hasten
ibis auspicious result, at the present cri
sis, we ought to remember that every ra
tional creature must he presumed to in
tend the natural consequences of his own
teachings.
Those who announce abstra t doctrines
subservive of the Constitution ahd ti e
Union, must not be surprised should their
heated partisans advance one step further,
and attempt by violence to carry these
doctrines into practical eflect. In this
view of the subject it ought never to be
forgotten that,however great may have
been the political advantages resulting
from the Union to every portion of nur
common country, these would all prove to
he nothing should the time ever arrive
when they cannot be enjoyed without, se
rious danger to the personal safety of the
people of fifteen members of the Confed
eracy. If the peace of the domestic fire
side throughout these States should ever be
invaded— f the mothers of families with
in this extensive region shanbl not be
able to retire to rest at night without suf
fering dreadful apprehensions of what
may their own fate and that of their chil
dren before the morning—it would be vain
to recount to such people Hie political ben
efits which result to Uipm from the Union.
Self-prrs rvation is the first instinct of
nature; and therefore anv state of society
in which the sword is all the time suspen
ded nvr the heads of the people, must at
last become intolerable. But I indulge in
no such gloomy forebodings.
On the contrery, I firmly believe that
the events at Haiper’a Ferry, by causing
the people to pause and reflect upon the
pos-ible peril to their cherished institu
ffml*. will lie Hi" 1111J11I letter P,.,via«nrr,
of allaying existing excitement and pre
venting future outbreaks of a similar
character. They will resolve that tne
Constitution and the Union shall not he
endangered by rash counsels, know'ng
that “should 'he silver c rd he loosened at
the fountain.” hmna i power eonld never
reunite the scattered and hostile forces.
I cordial'v congratulate you upon the
final settlement bv tiie Supreme Court or
the United Sta es of the question of slav
erv in the Territories, which had present
ed an aspect so truly form! able at the
commencement of my adminis'ration.
Tile right lias heen established of every
citizen to take his protv'rtv of anv kind,
including slaves, into the common Territo
ries elonging equally to all the States of
the Confederacy, and to have it protected
there under the Federal Constitution.
Neither Congress nor 'lie territorial legis
lature -,ior anv human power has any au
thority to annul or impair this ves'ed
right.
The supreme judicial tribunal of the
country, which is a co-ordinate branch of
the Government, has sanctioned and af
firmed those pri' cmles of constitutional
law, so manifestly just in themselves and
so well calculated to promote peace and
harmony amon t t eStates. It is a strik
leg proof of the sense of justice which is
inherent in onr people, that the properv
in slaves has neve- been disturbed, to mv
knowledge, in anv of the Territories
Fven thro ighout the late troubles in Kan
sas there has not been any attempt, as '
am credibly informed, to interfere, ip
single tnsranee, wmi me rigiu '
master. Had any such 11 t ,
made, the judiciary would •• ror,,
afforded an adequate re'
they fall to do thi* fieri->f' 0
he time enoo.to stroivO ; •» the V
by fiirther legislnn. s’-.,1
rided *hat either
rial legislature pc fj, ^ihe jkewe
er impair the ri&’jB p-opertV . .
the evil would, i ‘If. In the lat
ter event, th ie for
a majori*- • if- \ me i >■' legisla
ture at e: recessive . . , and the
aicrcd rij®, , * proi- > ..•Is* under the
Federal ti. ; depend for
the time b» ri .it The agita
*l?a Yu •' k " ' 'X^'iulered incessant
^ i iy Pi5*’ npdition remained,
IP would keep alive
a WU 10 fj jtamong the people
i-tVAY ' , I re .
the V>*h.v#wrp8i from nVir^2
aprilt«,p?w3V»^‘ J’,p become a hy m.heer
me.,t"f'VxVd V(he fi al ol
teVpC»po co'»r Fortunate l as thii
’« Supretn® sfity 0f the Territories
. on f°T l'^'t t nquillitv of the S'atei
' weH as 'n .. im (he North and tor
“ -mlera 1 IV. nr—a wilt mart ir
Bion platform
ei^ -wn ©pin
ennwmif, n
tption, and i
iWit.n of 1 or
1. as this *tai
•ritories I hy
e Stats' I Cl
and me I dii
I me'c it' I op
platorm, 1 Pr
the T<rritori>wth thPmthatsreciesof tr
paving-ron-' ,.p(1j in their <wn opin th
propertyhest 'p.r rt,e]far(< ,ernm natu ,c
ion, to pom« qUP.tion will in t,,
rM vf8!!8'8 Stually settle itself ; and tl
each case °fory |g pra,are,l for adm s- I p
before “ie Jhto [j„ion this deci- I o
sion as a by |f,p otoer, will have be n I p
eio’1, one iclusion Meanwhile, the I c
i a foregonetP new TPrr}tory will pro- I ;
eettletnSj^srlous interruption, and its I ,
ceed ' prosperity will not be endan- 1 ;
prJtfd 0frted by violent political strng 1
tffj pq 9 I
j Whrfthn progress of events the in- 1
habhnnf a,1Y Territory shall have I
resell,he number required to form t
State y will th»n proceed, in a regu ar I
manran<' ’n t'3e exercise^ of the rights I
of " nr sovereignty, to form a ConsU
tion eparatory to admission in the]
ITni After this lias been done, to em
1 e language of the Kansas and Ne
K °’i act they “ shall be received into
iwnfon with or without slavery, as
a n0-,,tinition may prescribe at th
i, of their admission. This sound
n'iciple has happily been recognized, in
P form or other, by an almost unam
r«*s"vote of o«th Houses of the last Con
f<All lawful mnns at my command havi
,ecn employed, and shall continue to b.
employed, to excufe the laws against, tin
‘ African slave t.rde. After a most care
fill and rigor us xamination of our coast
and a thorough Wstiga’ion of the sub
iect we have mt. been able to discove
tkat anv slaves hee been imported inf
Ihe United State! leapt the cargo by th
I Wanderer, numkeng between three an
four hundred. Ti«e engaged in this ui
lawful entcrpri'«lave be»n rigorous!
prosecuted ; but v with as much succei
as their crimes ha deserved. A numbi
uf them are still Her prosecution.
Our history pro, that the Fathers
,.I.u'Oppublie, in tance of all other n
nwasf'ndpmne,1 African slave trad
i1„\h-'tw>it.hstanyi deemed expei
Strive Con"?"8 ^ Constitution
ufiie ss °'p power to prohil
Isons as anvof"’r.l'?tation of. s"
sfcll think property-.8,,"0" T*
Pear 1808. P "irnit ” prior to t
It will be seen th*hj. restriction
1 the power of Congr," «„Ta
I Such States only" , p ?afl. <?nfined
I admit the nk pr°PTT
f not extend to o^her S °f 8 f ?hp
carried on abroad P8 *? the tri
,h"f aa wiy as thi 22v?, r,nq7c
residents ofu'p'unTe"^'1:" cit'zpn;‘
«on-fe Thlhnr 45* ^"Wn T^reign
tended ail i PrrnV,,'|nu8 nfbis act, were
Mar. MM #n,0rMd bvtNctof the 1
olearrlghM* V**! ,h'Mve, ha
' tir nernt I0 waiuo fhp cnnai i- 1
'•i'-re intended for their^ b©JnV°^n
Konibtt.hy their „w„ V,rwib, ' -trnp;,
any time they thought propir p^yTo,
1808. Several of them exercised this
right before that period, and amon’-them
some containing the greatest number of
slaves. This gave to Congress the imme
diate power to act in regard to all such
States, because thev themselves bad re
moved the constitutional barrier Con
gress accordinglv passed an act on the
2‘Jth February, 1803, “ lo prevent th im
portation of certain persons into certain
S'ates where, by the taws thereof, their
admission is prohibited.” In this manner
the importation of African slaves into the
Tutted States was, to a great extent, pro
hibited some years in advance of 1808.
As the vear 18P8 approached. Congress
detern ined not to suffer Ibis trade to exist
even for a single day after they had the
power to Abolish it. On the 2d of March,
1807, they passed an act to take effect
“from and after the 1st dav nf January,
1808, ” prohibiting the importation of Af
rican slaves into the United States. This
was followed bv subsequent acts of a sim
ilar character, to which I nped not special
ly refer. Such were the principles and
such the practice of our ancestors more
than fifty years ago in regard to the Afri
can slave trade.
It did not "cenr lo the revered patriots
who had been delegates to th" convention,
and afterwards became members of Con
gress, that in passing these laws thev had
violated the Constitution which they had
framed with so much care and delibera
tion. They supposed that to prohibit
Congress, fn express terms. fr-m exerci
sing a specified power before an appointed
tlay, necessarily involved thp right to exer
cise this power after that dav had arrived.
If this were not the case, the framers of
the Constitution had expended much labor
in vain. Hail ttiev imagined that Con
irress would possess no power to prohibit
the trade either before or after 1808, they
would not have taken po much rare to
protect the States against the ex‘ rcise oi'
this power before that period. Nav more,
thev would not have attached such vast
importance to this provision as to have
excluded it from the possibility of figure
repeal nr amendment, to whi’h other por
tions of the Constitution we m exposed.
It would, then have been whn'ly unnec
essary to engreft on the fifth article of the
Constitution, prescribing the mode nf its
own future amendment, the proviso, “that
no amendment which mav he made prior
to the vear one thousand eight hundred
and eight shall in any manner affect” the
provision in the Constitution securing to
the Stages the right to admit the importa
tion of African slaues previous (o that pe
riod
According to the adverse construction,
the clause itself, on which so much care
and discussion had been employed bv the
members or the convention, was an abso
lute nullitv from the beginning, and all
that has since been done under it a mere
usurpation.
Tt was well and wise to confer this
power on Congress, because, had it been
left to the States, i's efficient exercise
would have been impossible. Tn that
event anv one State could have effectually
continued the trade not only for itself hut
for all the other slave States, though nev
er so much against their will. And whv?
Recause African slaves, when once
brought within Ihe limits of any one
State, in accordance with its laws, cannot
practically be excluded from any other
Stafe where slavery exists. And even if
all the States had"reuarately passed laws
nrotiibifmg the importation of staves,
these laws would have failed of effect for
want of a naval force to capture the sla
vejs and guard the coasts. Such a force
no Sta'e’can employ in time of peace
without the consent of Congress.
These acts of Congress, it is believed,
have, with very rare knd insignificant ex
cevtiens. accomplished their purpose Cor
period of more than half a century there
has been no perceptible addition to Ihe
number of our domestic slaves. During
'his period their advancement in civiliza
tion has far surpassed that of any other
portion of the African race. The light
and the blessings of Christianity iiave
been extended to them, and both *h“ir
moral and physical condition have been
greatly improved.
Re-open the Iradn. and it would he d'ffi
cnlt to determine whether the effect would
he more deleterious on the interests of fh"
master or on those of the native born
slave. Of the evili to the master, the one
most to he dreaded would he the introduc
tion of wild, hea!h»n, and ignorant bar
barians among the sober, orderly and quiet
slaves, whose ancestors have beep on ihe
soil for several general ions. Thia might
tend fo barbarize, demoralize and exaspe
rate the whole mass, and produce most
deplorab’e consequences.
The effect upon the existing slave would
if possible, be s*iil more deplorable At
present he is treated with kindness and
humanity. He is 'veil f^d, well clothed,
and not overworked. Hi' condition is i ’
comparably better than that of the coolies
which modern nations of high civiiixation
haam emp'oved as a substitute for African
'lflve,. n-.th the philanthropy end the
s'-lf-interest of the master have combined
to produce this humane result. Rut let
this trade he reopened, and what will the
effect? The same to considerable extent,
as on a neighboring island—*he only spot
now on earth wh re tile African slave
trade is openly tolerated; and this in defi
ance of solemn treaties wifh a power
ahnndan'lv a hi a at any moment to enforce
their execution.
There the master, intent upon present
gain, extorts from the slave as much labor
as his physical powers are capable of en
during—knowing that, when death comes
to his relief, his place can he supplied at
a price reduced to the lowest point by the
competition of rival African slave-traders
Should 'his ever be the case in our conn
try—which T do not deem possible—*he
present useful character of ti e domestic
institution, wherein those too old and too
young to jvork are p-ovid»d for with cere
and humanity, and those capable of labor
are not overtasked, would undergo an un
fortunate change. The feeling of recip
rocal dependence and attachment which
now exists between mastc and slave
would he cnnver‘ed into mutual distrust
and hostility.
But we are obliged |is a Christian and
moral nation, to consider what would be
he effect upon unhappy Africa itself if we
should reopen the slave trade. This would
give the trade an impulse and extension
which it h is never had in its palm'est
’ays. The numerous victims required tn
ply'it would convert the whole slave
' into a perfect Pandemonium, for
wrtii this country would he held respon
; -'Mr in the eyes both of God and man.
! p”t< v tribes would then he constantly
In predatory wars against each
j ■■■' for the purpose of seizing slaves to
'v 'he American market AH hopes
African civiliza’ion would thus be
x 'S*1 d.
On the other hand, when a market for
African slaves shall no longer be furnish >d
in Cuba, and thus all the world be closed
against this trade, we mav then indulge a
reasonable hope for the gradual improve
ment of Africa. The chief motive of war
among the tribes will cease whenever there
is no longer any demand for slaves. The
resources of that fertile but miserable
country mig' t then he developed hy the
hand of industry, and afford subieots for
legitimate foreign and domestic commerce.
In t 'is manner Christianity and civiliza
tion may gradually penetrate the existinc
ir'oom
TTi<» wisdom of the course pursued Tv
• bis Government toward China ha* beer
vindicated bv the event. Whilst we sus
tained a neutral position in the war wajjei
by Great Britain and France a<jain t tb<
Ghinege empire, our late minister, in obe*
dience to his instructions, judlcldouslv co
operated with the ministers of these Pow
ers in all peaceful measures to secure bi
treaty the Just concessions demanded
the interests of foreign commerce. Tin
• esult is that satisfactory treaties hav
‘ been concluded with Gtvna by the reaper
1 five ministers of the United State* Gra
Britain, France and Russia. Our “treat'
* | or general convention of peace, amity an
1 commerce,” with that empire, was cor
* clml 'd at Tientsin on the ISth June. 15V
- and was ratihed by the Presldsftt, by -
’* with the advice and consent of the Set
ate. on the 21st of December following
* On the 15th of December, 1858, Tot
nre" wTsmitr. or the course pursued nv Tf
< Government toward China has been hi
dicated bv the event. Whilst we bus- ir
ned a neutral position in ttie war waged <y
Great Britain and France again t the (
inese empire, our late minister, in obe- c
nee to his instructions, judicidouslv co
erated with the ministers of these Pow- o
i in all peaceful measures to secure by 1
■aty the just concessi«ns demanded ny i
e interests of foreign commerce. The ,
suit is that satisfactory treaties have f
concluded with Ctvna hv the respec
ve ministers of the United States Great .
ritain, France and Russia. Our “treaty ,
r general convention of peace, amity and
ommerce,” with that emnire. was con
luded at Tientsin on the 18th June, 1558.
nd was ratihed hy the President, hy and
vith the advice and consent of the Sen
ite, on the 21st of Decemher following.
On the 15th of December, 1858. John
F. Ward, a distinguished citizen of Geor
gia, was duly commissioned -a envoy ex
traordinary and minister planipotentiary
to China. He loft, the United State, for
the place of his destination on the 5th of I
February, 1859, hearing with him the rati
fied copy of this treaty, and arrived at
Shanghai on the 28th of May. From
thence he proceeded to Pekin on the 1 n h
i June, but did not arrive in that cPy until
the 27th of July. Acco-ding to the terms
of the treaty the ratifications were to be
exchanged on or before the J8th of .Tune,
1859. This was rendered impossible hv
reasons and events beyond his control, "o'
necessary todetai’; hut, st'll it is due to
the Chinese authorities at Shanghai, to
state that they always assured him no ad
vantage should be taken of the delay, and
• hi. pledge has been faithfully redeemed.
On the arrival of Mr. Ward at Pekit
■ hfi requested an audience of the Fmperoi
' to present, his letter of credence. This in
- di*1®not obtain, in consequence of his ver;
r proper refusal to submit to the humiliatim
5 ceremonies required hy the etiquette o
e i|his strange people in approaching the!
J sovereign. Nevertheless the interview
- on this question were conducted in th
y most friendly spirit, and with all due r(
is gar I to his personal feelings andthehonr
if of his country. When a presentation t
His Majesty was found to he impossibl
>f the letter of cr'dence f"om the Pres
t- dent was received with peculiar honors 1
e. Kweiliang, the Emperor’s prime ministe
i- and the second man in the empire to tl
to Emperor himself. The ratifications of tl
(it treaty were afterward, on the 16th of A
'h gust, exchanged in proper form at Pf
s? tsang. As the exchanges did not ta
he place until after the day prescribed hvtl
treaty, it is deemed proper, before its pu
on licalion, again to submit it to the Sena'
to It i i hut simple justice to the Chin
to authorities to observe that, throughout t
lid whole transaction, they appear to ha
de acted in good faith and in a friendly spi
ind towards the United States. It is tru» tl
an- has been done after their own pent!
pe- fashion; hut we ought to regard with
nd lenient eye the ancient customs of a t c
uld p)re fitting back for thousands of ves
na- «o far as this may he consistent with i
ex- own national honor. Tlte conduct of
Otli m ntsfer on the occasion ha received
entire approbation.
1 a Tn order to carry ont the spirit of I
pri- treaty, and to give it full eff ct.it been
1 to necessary to conclude two supp'orn"!
e at conventions—the one for the adjustrr
s to an I satisfaction of the claims of our (
zens, and the other to fix the tariff" on im
port* and exports and to regulate the tran
sit duties and trade of oar merchant* with
China. This duty was satisfactorily per
formed by our late minister These con
ventions bear date a' Shanghai on the 8th
November, 1858. Having been considered
' in the light of binding agreements subsi
diary to the principal treaty, and to be
carried into execution without delav, they
do not provide for any formal ratification
or exchange of ratifications by the con
tracting parties. This was not deemed
necessary by the Chinese, who are al
I ready proceeding in good faith to satisfy
! the claims of our citizens, and.it is hoped,
! to carry out the other provisions of the
conventions. Still I thought it was proper
| to submit them to the Senate, by which
they were ratified on the 3d March, 1859.
The ratified -opies, however, did not reach
j Shanghai until after the departure of our
minister to Pekin, and these conventions
j could not, therefore, be exchanged at the
| same time with the principal treaty. No
; doubt is entertained that they will be rati
i tied and exchanged bv the Chinese govern
ment, should this be thought advisable ;
b'it, under the circumstances presented, I
shall consider them binding engagement*
from their date on both parties, and cause
th^m to be published as such for the infor
mation and guidance of our merchan's
trading with the Chinese empire.
It4a fiords me much satisfaction to In
vou that all our difficulties wi ll the repub
lic of Paraguay have been satisfac*orily
adjusted. It happily did not become nec
essary to employ the force for this pur
pose which Congress had placed at my
command, uhder the joint resolution oj 21
June, 1858. On the contrary, the Presi
dent of that republic, in a friendly spirit,
acceded promptly to the just and reasona
ble demands of the Government of the
United States. Our commissioner arrived
at Assumption, the capital of the repub
lic, on the 25'h of January, 18g9, and left
it on the I7lh of February, having in
three weeks ably and successfully accom
plished the objects of his mission. The
treaties which he has concluded will be
immediately submitted to the Senate.
In the view that the employment of oth
er than peaceful means might become nhc
essary to obtain "just satisfaction from
Paraguay, a strong naval force was con
centrated in the waters of the La Plata to
await contingencies, while our cominis
Fdoncr ascended the rivers to Asuncion.
Tiie navy department is entitled to great
credit for the promptness, efficiency and
economy with which this expedition ira«
fitted out and conducted. It consisted of
nineteen armed vessels, preat. and small,
carrying 200 guns and 2500 men. all under
command of the veteran and gallant Shu
brick. The entire expenses of the expe
dition hare been defrayed out of the ordi
nary appropriations 'or the naval service,
except the sum of $289,000, app'iad to the
purchase of seven of the steamers, consti
tuting a part of it, under the anthoritv of
the naval appropriation of the 31 of March
last. Tt is believed that these steamers
are worth more than their cost, and they
~ 11 , p.. li.. „ l i: i _i
..■ ■■■J
in the naval service.
The appearance of go large a force, fit
ted out in such a prompt manner, in the
far distant water of the La Plata, and
the admirable conduct of the officers and
men employed in it, have had a happv ef
fect in favor of our country throughout
all that remote portion of the world.
Our relations with the great empires of
France and Russia, as well as with all
other governments on the continent of Eu
rope, uni' ss we may except that of Spain,
happily continue to be of the most friend
ly character.
In my last annual message I presented
a statement of the unsatisfactory condi
tion of our relations with Spain ; and I
regret to say that this has not materially
improvnd. Without special reference to
other claims, even the “Cuban claims,”
the payment which has been ably urged
by our ministers, and in which more than
a hundred of ourcitidens are directly in
terested, remain unsatisfied, notwithstand
ing both "their justice and their amount
($128,635.54) had been recognized and as
certained by the Spanish government it
self.
I again recommend that an appropria
tion be made “to be paid to the Spanish
Government for the Jpurpose of distribu
tion among the claimants in the Amistad
case.” In common • ith two of my pred
ecessors, I entertain no doubt that this is
required bv our treaty ■with Spain of the
27th October, 1795 The failure to dis
charge this obligation has been employed
by the cabinet of Madrid as a reason
against Ihe settlement of our claims.
I need not repeat the arguments which I
urged in mv last annual message in favor
of the acquisition of Cuba by fair pur
chase. My opinions on that measure re
main unchanged. I, therefore, again in
vite the serious attention of Congress to
this important subject. Without a recog
nition of this policy on their part, it will
be almost impossible to institute negotia
tions with any reasonable prospect of suc
cess.
Until a recent period there was good
reason to believe that I should be able tc
announce to vou, on the present occasion,
>hnt our difficulties with Great Britain,
arising out of the Clavton and Bulwer
treaty, had been finally adjusted in a man
ner alike honorable and satisfactory tr
both parties. From causes, however
which the British Government had not an
ticipated, they have not yet completed
treaty arrangements with Ihe republics of
Honduras and Nicaragua, in pursuance of
the understanding between the two govern
ments. It is, nevertheless, confidently ex
pe ted that this good (work will ere long
be accomplished.
Whilst indulging the hope that no other
subject remained which could disturb th<
good understanding between the two coun
tries, the question arising out of the ad
verse claims of the parties to the Island
of San .Tuan, under the Oregon treaty of
the 15th Tune, 1846, suddenly assumed s
threatening prominence.
In order lo prevent unfortunate colli
sions on th t remote fron'ier, the late Sec
retary of State, on the 17th of July, 1855
addressed a note to Mr Crampton, then
British minister at Washington, commu
nicating to him a copy of the instructions
which he [Mr Marcv) had giv n, on the
14th of July, to Gov Stevens, of Wash
ington Territory, having a special refer
ence to an “ apprehended conflict between
our ni'izens and the British subjects or
‘he island of San Juan.” To prevent this
the Governor was instructed “ that the
officers of the Territory should abstain
from all arts on the disputed grounds
which are calculated to provoke anv con
flicts, so far as it can be done without im
plying the concession to the authorities nl
Great Britain of an exclusive right over
the premises. The title ought to be se|.
tied he ore either party should attempt tr
exclude tile other bv forre, or exercisf
complete and exclusive sovereign rights
within flip fairlv disputed limits.”
In acknowledging the receipt on thr
nex‘ day of Mr. Ma’cy’s notp, th-’ British
minister expressed his entire concurrence
“in tile propriety of the course recom
mended to the Gov. of Washington Terri
tory by your (Mr. Marcy’s) instruction!
to that i fficer,” and stating that h” ha<
“ lost no time in transmitting a copy o
that document to the Governor-General o
British Nortti America.” and had “ear
nestiy recommended to his Excellency ti
take such measures as to him may appea
t,,-«t calculated to secure on the part c
the British local authorities and the in
habitants of the neighborhood of the lin
in question, the exercise of the same spiri
of forbearance which is inculcated bv yo
(Mr. Marry) on the authorities and citi
cens of the United States.”
Thus matters remained upon the fsitl
of this arrangement until the 9‘h Juh
last, when Gen Harnev paid a visit to ttr
island. He found upon it twenty-fiv
American resident with their familiei
“ and atso an establishment of the Hudson’
Bay company for the purpos- of raisini
sheep. A short time before his arriva
r one of the residents had shot an anima
1 belonging to the company, while trespass
- ing upon his premises, for which, how
Iever. he offered to pay its value; but the
was refused. Soon after “the chief fa<
tor of the company at Victor-*, Mr- Da
its, eon in-law of Gov. Douglas, ram** I
n 1 the inland in the British sloop-of-wsr St
j'.-Hit- , and_utfoaleutd to take this Arnt-r
e British local authorities and the in- ,
ibitants of the neighborhood of the line |
question, the exercise of the same spirit ,
: forhearancp which is inculcated bv you ,
Mr. Marey) on the authorities and citi- ,
>ns of the United States.”
Thus matters remained upon the faith
f this arrangement until the 9‘h July
ist.when Gen Harnev paid a visit to the
iland. He found upon it twenty-five
American resident with their families,
nd atso an establishment of the Hudson’s
lay company for the purpose of raising
beep. A short time before his arrival
tne of the residents had shot an animal
lelonging to the company, while tregpass
nfr upon his premises, for which, how
ever. he offered to pay its value ; but that
was refus»d. Soon after “the chief fac
tor of the company at Victoria, Mr. Dal
las, son in-law of Gov. Douglas, cam- to
(he island in Iho British sloop-of-war Sa
tellite, and threaten’d to take til's Ameri
can (Mr. Cutler) by force to Virginia, to
answer for the trespass he had committed.
The American seized his rifle and told
Mr. Dallas if any such att-mpt was made
he would bill him on the spot. The affair
then ended.”
Unit r these circumstances, the Ameri
can se't'ers presented a petition to the
General, “through the Unit’d S‘ates in
spector of customs, Mr. Hubbs, to place
a force upon the island to protect them
from the Indians as well as the oppres
sive interference of the authorities of the
Hudson Bay Company at Victoria with
their rights as American citizens.” The
General immediately responded to this
etition, and ordered Captain Geo. E.
Picks't, 9th infantry, “to establish hi'
company on Bellevue, or San Juan island,
on some suitable posi-ion near the harbor
at the southeastern extremity.” Thif
order was promply obeyed, and a military
r post was established at the place desig
: nated. The force was afterwards in
’ creased so that by the last return th
■ whole number of troops then on thi
< island amounted in the aggregate to 69
e men.
Whilst I do not deem it proper on th
r present occasion to go further into th
o subject, and discuss the weight whic
>, ought to he attached to the statements c
- the British colonial an horities, contest
v ing the accuracy of the information o
which this gallant general acted; It wa
ip dun to him that I should thus present h
ie own reaso: s for issuing the order to Cap
i Pickett. From these it is quite clear h
i- object, was to prevent the British author
re ties on Vancouver’s island irom exercisir
te jurisdiction ,-ver American residents c
b- the island of San Juan, as well as to pr
e. tect them against the incursions of the Ii
es dians.
be Much exci'emenj prevailed for sor
ve time thronghut that region, ‘-crinusdan”
rit of collision between the parties was a
iis prehended. The Brit sh had a large n
nr val force in the vicinity; and it is but
a act of simple justice to the admieal
m- that station to state that he wisely a
rs, discreetlv forebore to commit any host
i-tr act, hut determined to refer the whole
,nr "air to his Government and await th
my instructions.
This aspect of the matter, in my op
his ion, demanded serious attention. It wo
me have been a great calamity for both i
,tal tions had they heen precipitated into a
ent of hostility not on the question of title
Iti- the lels.nd, but merely concerning w
-
1 should be its condition during the inter
: vcning period whilst the two Governments
might be employed in settling the ques
j l ion to which of them it belongs. For
this reason Lieut General Scott wasdis
j patched on the 17tn September last to
(Washington Territory to take immediate
( command or the United States force on the
j Pacific coast should he deem this neces
1 sary. The main object of his mission was
I to carry out the spirit of the nrecanHon
| ary arrangement between the late Secre
tary of State and the Briri*h minister,
and thus preserve the peace and prevent
collision between the Britisfi and Ameri
can authorities pending the negotiations
between the two Governments.
Entertaining no doubt of the validity
of our title, I nee I scarcely add that, in
anv event, American citizens were to be
placed on a footing at lest as favorable as
that of British subjects, it being under
stood that Capt. Pickett’s company should
remain on the is’and I’ is nroper to ob
serve that, considering the distance from
the scene of action, and in ignoranc’ of
what might have transpired on the spot
before the General’s arrival, it was neces
sary to leave much to his discretion, and I
am happy to state the event has proven
that this discretion could not hsve been
intrusted to more competent hands. Gen.
Scott has recently returned from his mis
sion, having successfully accomplished
its objects, and there is no longer any
good reason to apprehend a collision be
tween the forces of the two countries du
ring the pendency of the existing negotia
tions.
I regret to inform yon that there has
been no imnrovemen' in the affairs of
Mexico since my last annual message,
and f am again obliged to ask the earnest
at’ention of Congress to the unha py con
dition of that republic.
The constituent Congress of Mexico,
which adjourned on the 17th of February.
1857, adopted a constitution and provided
for a popular election. This took place in
the following July, [1857.] and General
Comonfort was chosen President almost
without opposition. At the same election
a new Congress was chosen, whose first
session commenced on the 16th of Septem
ber, [1857.] Bv the constitution of 1857
the pres:dential term was to begin on Hip
1st of^Tlecember, [1857,] and continue for
four years. On that day General Comon
fort appeared before the assembled Con
gress in the City of Mexico, took the oath
to support the new constitution, and wan
duly inaugurated as President. Within a
month afterward he had been driven from
the capital, and a military rebellion had
assigned the supreme power of the repub
lic to General Znloaga. The constitution
provided that in the absence of (he Presi
dent his office should devolve upon the
Chief Justice of the Supreme Court, and,
General Comonfort having left the coun
try, this functionary, General Juarez, pro
ceeded to form, at Guanajuato, a consti
tutional government.
Besore this was officially known, how
ever, at the capital the Government of
Zuloiga had been recognized by the entire
diplomatic corns.'(including the Minister
of the Unieed Slatas, as the defacto Gov
ernment of Mexico The consHtutienal
Presiden, nevertheless, maintained his po
sition with firmness, and was soon estab
lished with his cabinet at Vera Cruz.
Meanwhile, the government of Znloaga
was earnestly resisted in many parts of
republic, and even in the capital, a portion
of tne army having pronounced against it.
its functions were declared terminated,
and an assembly of citizens was invited
for the choice of a new President. This
nn...mkl.f „ 1-i- ~ .1 C_ A r \_ L i it _i
officer repudiated the plan under which he
was chosen, and Zuloaga was thus restored
to his previous position. He assumed it.
however, only to w'thdraw fr m it, and
Miramon, having become, bv bis appoint
ment, C( President Substitute, continues,
with that title, at the head of the insur
gent party
In my last annual message I communi
cated to Congress the circumstances un
der which the law minister of the United
States suspended his official relations wRh
the Central Government, and withdrew
from the country It was impossible to
maintain friendlv intercourse with a gov
ernment like that at the capital, under
whose usurped authority wrongs were
constantly committed, but never redressed.
Had this been an established government,
with its power expending, by the consent
of the people, over the whole of Mexico,
a resort to hostilities against it would have
been quite justifiable, and indeed necessa
ry. But the country was a prpy to civil
war, and it was hoped that the success oP
the constitutional President might lead to
a coudition of things Icqs injurious to the
United States. This success became so
probable that, in Jauarv last, I employed
a reliaqle agent to visit Mexico, anp report
to me the actual condition and prospects
of the contending parties.
In consrquenee of his report, and from
information which reached me from other
sources, favorable to thf' prospects of the
constitutional cause, I felt justified In ap
pointing a new minister to Mexico, who
might embrace the earliest suitable oppor
tunity of restoring our diplomatic rela
tions with that Republic. For this pur
pose a distinguished citizen of Maryland
was selected, who proceeded on his mis
sion on the 8‘h of March last, with dis
cretionary authority to recognize the gov
ernment of President Juarez, if,on his ar
rival in Mexico, he shouM find it entitled
to such recognition, according to the es
tablished i>rachee of the United States.
On the 7th of April following, Mr. Me
Lane presented his credentials to Presi
dent Juarez, having no hesitation “ in pro
nouncing the government of Juarez to be
the onlv existing government of the Re
public. ” He was cordially received by
the authorities at Vera Cruz, and the
have evers:nce manifested the most friend
ly disposition toward the United State*.
Unhappily, however, the constitutional
government has not been able to establish
its power over the whole Republic.
It is supported bv a large majority oj
the people and the States, but there are
important parts of the country where it
can enforce no obedience. Gen. Miramon
maintains himself at the <*apitol; and in
some of the distant provinces there are
military governors who pay little respect
to the decrees of either governments. In 1
the meantime the excesses which always
attend upon civil war, especially in Mexi
co, are constantly recurring. Outrages of
the worst description are committed both
upon persons and property. There is
scarcely anv form of injnries which has
not been suffered by our citizens in Yiexi
co during the last few years. We baSe
been nominally at peace with that repub
lic, but “ so far as the interests of our
commerce or of our citizens who have vis
ited the country as merchants, sbipmas
ters, »r in oiner capacities, are concern
ed, we might ae well have been at war.’’
Life has been insecure, property nnprotec
t d, and trade impossible except at a risk
of loss which prudent men cannot be ex
pected to incur.
Impo tant contracts, involvingiiarge ex
penditures, eidered into by the rentrat
Government, have been set at defiance by
the local governments. Peaceful Amer
ican residents, occupying their rightful
i possessions have been suddenly expelled
the country, in defiance of treaties, and
hv the mere force of arbitrary power.
Even the course of justice has not been
* saf» from control, and a recent decree of
" Miramon permits the intervention of gov
* ernment in all suitt whf»r*» either party l<*
- a foreigner. Vessels of the United States
' have been seized without law, and a con
^ ar officer who protested aerainsf such
! seizure haa been fined and imprisoned *or
disrespect to the authorities. Military
contributions have been levied in violation
' of every principle of rifrh^, and the Amer
ican who resided the lawless demand has
had his property forcibly taken away, and
has been ^himself banished. From a con
» flset of authority ’n different parts of the
* country. *ariff ^duties which have been
* pa d in one place have been exacted over
' again in another place.
Lsrere numbers of our citizens have been
“ arrested ami imprisoned without anyfojm
. of examination or any opportunity }or a
hearinsr; and when released havp
onlv obt ined their liberty after much suf
~ ferine and injury and without any hope of
redress. The wholesale massacre of
* Pr>^* an ' his ^r*al in
. foreigner. Vessels of the United States ,
lave been seized without law, and a con
ular officer who protested against such 8
eizurehan been fined and imprisoned *or ,
lisrespect to the authorities. Military P
■ontributions have been levied in violation t
if every principle of right, and the Amer- t
can who resisted the lawless demand has n
lad his propertv forcibly taken away, and c
aas been Jiimself banished. From aeon- '
flict of authority 'n different parts of tile (
country, fsriff iduties which have been
paid in one place have been exacted over
again in another place.
Large numhers of our citizens have been t
arrested and imprisoned without anv fojm t
of examination or any opportunity /or a
hearing; and even when released have
onlv obt ined their liberty after much suf- '
fering and injury and without any hope of
redress. The wholesale massacre of ,
Crabhe an t his associates without trial in (
Sonora, as well as the seizure and murde
of four sick Americans who had taken
shelter in th’liouse of an American, upon
the soil of the United States was commu- i
nicsted to Congress at its last session.
Murders of a still more atrocious charac
ter have been committed in the very
heart of Mexico, under the autho
rity of Miramon’s government, du
ring the present year. Some of
thpse were onlv worthy of a barbar
ous age, and if they had not been clearly
proven, would have seemed impossible in a
country which claims to he civilized. Of
tins description was the hrutal massacre in
April last, Viv order of Gen. Marquez, of three
American phvsieians. who were seized in the
hospital at Tacubava while attending upon
the sick and the dving of both parties, and
without trial, as without crime, were hurried
away to speedv cqerution. Little less shock
ing was the recent fato of Ormond Chase,
who was shot in Tenic on the 7th nf August,
hi order of the same Mexican General, not
only without a trinl. hut without anv conjec
ture, by his friends nf the cause of his arrest.
‘ He is represented as a young man of good
character and intelligence, who had made
numerous friends in Tenic liv the courage
nnd hnmanitv which he had displayed on se
» veral occasions, nnd his death was ns unex
, pecterl as it was shocking to the whole com
munity. Other outrages might he enume
, rated; hut these are sufficient to illustrate the
r wretched state of die country nnd thonnprn
' tected condition of persons nnd property of
8 our citizens in Mexico.
8 In nil these eases our Ministers have been
8 constant and faithful in tlicir demands for
- redress, hut both they nnd this Governmen’,
8 which they have successfully represented,
- have beenWholly powerless to make their
g demands effective. Their testimony in this
n respect, and in referenee to the only remedy
i which, in tlicir judgments, would meet the
, exigency, has been both uniform and em
phatic. “ Nothing hut a manifestation of
the power of the Government of the United
18 States, (wrote our late Minister in 18-76.) and
”r of its purpose to punish theso wrongs will
5- avail. I assure von that the universal belief
1- here is that there is nothing to he appre
l" hended from the Government of the United
>n States, and that local Mexican officials can
nd commit these outrages upon American eiti
ile zens with absolute impunity.” “ I hope the
if- President (wrote our present Minister in An
air gust last,) will feel authorized to ask from
Congress the power to enter Mexico with the
military forces of the Uliited .States, at tin
pall of the constitutional authorities, in orde
11 to protect the citizens and the treaty right:
,a- of the United States. Unless such a powe
cts ^ conferred upon him, neither the one no
to the other will he respected in the existlm
iat | state of anarchy Mid disorder, and the OUl
rages already perpetrated will never he chas
tised; and, as I assured you in my No. 23. all
these evils must increase nntil every vestige
of order and government disappears from
the country.” I have been reluctantly led to
the same opinion, and, in justice to mv coun
trymen who have suffered wrongs from Mexi
co, and who may sti 1 suffer them, I feel
bound to announce this conclusion to Con
gress.
Thecase presented, however, is not merely
a ease of individual claims, although our
just claims against Mexico have reached a
very large amount. Nor is it rrerely the
case of protection to tho lives and property
of the few Amoricnus who mav still remain
in Mexico, although the life and property of
every American citizen ought to hesneredlv
protected in every quarter of the world. But
it is a question which relates to the future as
well as to the. present and the past, and
which involves, indirectly at least, the whole
subject of our duty to Mexico as a neighbor
ing Srnte. The exercise of the power of the
United States in that country to redress the
wrongs and protect the rights of our own cit
izens is none tho less to be desired, because
efficient and necessary aid mav thus he ren- '
dered at the same time to rostore peac* and ^
order in Mexico itself, in the aocomnlisu
ment of this result the people of the United ]
States must necessarily feel a deep and earn- 1
esr interest. Mexico ought; to he a rich and 1
prosperous and powerful republic. She pos
sess an extensive territory, a fertile soil, and ’
an incalculable store of mineral wealth. J
She occupies an important position between
the gulf and the ocean for transit routes and ]
for commerce. Is it possible that such a !
country ns this can bo given to anarchv and
ruin without an effort from anv quarter for
its rescue and its safetv? Will the comrner- !
cial nations of the world, which have so
many interests concocted with it, remain j
wholly indifferent to su >h a result! Can the
United States, especially, wli ich ought to J
share most largely in its commercial inter- j
course, allow their immediate neighbor thus !
to destroy itself and injure them? Yet. with
out support from some quarter, it is impos
sible to perceive how Mexico can resume her (
positiontnmong nations and enter upon ca- *
roer which promises any good results. The j
aid which she requires, and which the inter
ests of all commercial countriis require that 1
shushould have.it belongs to this Govern- *
ment to render, not only by virtue of our (
neighborhood to Mexico, along whose terri- *
tory wc have a continoua frontier of nearly a I
thousand miles, but bv virtue, also, of our
established policy, which is inconsistent with (
the intervention of anv European Power in }
the domestic concerns of the republic.
The wrongs which we have suffered from ]
Mexico are before the world, and must deeply !
impress everv American citizen. A govern- *
ment which is either unable or unwilling to J
redress such wrongs is derelict to its highest .
duties. The difficulty consists in selecting
and enforcing tho remedy. Wc mav in vain (
apply to the constitutional government at 1
Vera Cruz, although it is well disposed to do
us justice, for adequate redress. Whilst its '
authority is acknowledged in all the impor- 1
tant ports and throughout the sea-coasts of 1
the Republic, its power does not extend to '
the city of Mexico and the States in its vi- |
cinitv, where nearly all the recent outrages !
have been committed on American citizens. 1
We must penetrate into tho interior before J
we can reach the offenders, and this can oulv
he done by passing through the territory in j
the occupation of the constitutional govern
ment. The most acceptable and least diffi- *
cult mode of accomplishing the object will
he. to act in concert with that government. '
Their consent and their aid might. I believe, 1
be obtained; but if not, our obligation to 1
protect our own citizens in their just rights, 1
secured by treaty, would not be less impera- '
five.
For these reasons. I recommend to Congress
to pass a law authorizing the President, un
der such conditions as th »v mav deem expo- 1
dient, to employ a sufficient military force to
enter Mexico for the purpose of obtaining in- 1
demnitv for tho past and security for tho fu
ture. I purposely refrain from anv sugges
tion ns to whether this force shall consist of
regular troops or volunteers, or both. This 1
question may bo most appropriately left to '
the decision of Congress. I would merely
observe that, should volunteers be selected,
such a force could be easily raised in this
country among mosc who sympatntso wirn
tlio sufferings of our unfortunate fellow-citi
zens in Mexico, and with the unhappy con
dition of that republic. Such an accession
to the forces of the constitutional govern
wolud enable it soon to reach the City of
Mexico and extend its power over the whole
republic. In that event thero is no reason to
doubt that the just claims of our citizens
would be satisfied and adequate redress ob
tained for the injuries inflicted upon them.
The constitutional government have ever
evinced a strong desire to do us justice, and
this might be secured in advance by a pre
liminary treaty.
It may be said that these measures will, at
least indirectly, be inconsistent with our wise
and settled policy not to interfere in the do
mestic concerns of foreign nations. Hut
does not the present case fairly constitute an
exception? An adjoining republic is in a
state of anarchy and confusion from which
she has proved wholly unable to extricate
herself. She is entirely destitute of the
power to maintain peace apon her borders, or
to prevent the incursions of banditti into mir
territory. In her fate and in her fortune—in
her power to establish and maintain n se'tled
government—we have a far deeper interest,
socially, commercially, and politically than
any other nation. She is now a wreck upon
upon the ocean, drifting about as she is im
pelled by different factions. As a good
neighbor, shall we not extend to her a help
ing hand to save her? If we do not, it would
not he surprising should some other nation
undertake the task, and thus force us to in
terfere at last, under circumstances of in
creased difficulty, for the maintenance of our
established policy.
I repeat the recommendation contained in
mv last annual message, that authority may
be given to the President to establish one or
more tempoary military posts across the
Mexican lino in Sonora and Chihuahua,
where these may be necessary to protect the
lives and property of American and Mexi
can citizens against the incursions and dep
redations of the Indians, ns well as lawless
rovers on that remote region. The establish
ment of one such post at a point called Aris
pe, in Sonora, in a country now almost
depopulated by the hostile inroads of the In
dians from our side of the line, would, it is
believed, have prevented much injury and
many cruelties during the past season. A
state of lawlessness and violence prevails on
that distant frontier. Life and property are
there wholly insecure. The population of
Arizona, now numbering more than ten thou
sand souls, are practically destiute of govern
ment, of laws or of anv regular administra
tion of justice. Murder, rapine and other
crimes are committed with impunity. I.
therefore, again call the attention of
Congress to the necessity for establishing a
territorial government over Arizona.
The treaty with Nicaragua of the 16th Fe
bruary, 1859, to which I referred in my last
annual message, failed to receive the ratifica
tion of the government of that republic, for
reasons which I need not enumerate. A simi
lar treaty has been since concluded between
the parties bearing date on the 16th of March,
1859, which has already been ratified by the
Nicaraguan Congress. This wall be imme
diatelv submitted to the Senate for their rati
fication. Its provisions cannot, I think, fail
to bo acceptable to the people of both coun
tries.
Our claims against the governments of
Costa Rica and Nicaragua remain unvedres
sed, though they are pressed in an earnest
manner, and not without hope of success.
I deem it to be my duty once moro earnest
ly to recommend to Congress tho passage of a
law authorizing the President to employ nava
force at nls command for the purpose of pro
tecting the lives anrl propertv of American
citizens, passing in transit across the Panama,
Nicaragua and Tehuantepec routes, against
sudden and lawless outbreaks and deprada
I tions. I shall pot repreat the arguments em
ployed in former messages in support of this
measure. Suffice it to say that the lives of
many of our people, and the security of vast
amounts of treasure passing and repassing
over one or more of the«o«roiitcs between the
Atlantic and Pacific, may he deeply involved
in the action of Congress on this subject.
I would, also, again recommend to Oon
er»*ss tlirtt authority be iriven to the President
to employ the naval force to protect the
American merchant vessels, their crews and
cargoes, against violent and lawless seizure
and confiscation in the ports of Mexico and
the Spanish American States when these
countries mav he in a disturbed and revolu
tionary condition. The mere knowledge
that such an authority had been conferred,
as I have already stated, would of itself, in a
great degree, prevent the. evil. Neither
would this require anv additional appropria
tion for the naval service.
The chief object urged against the grant of
this autlioritv is. that Congress, by confer
ring it, would violate the Constitution—that
it would he a transfer of the war-making, or,
strictly speaking, the war-declaring power to
the Executive. If this were well founded, it
would, of course, be conclusive. A verv
brief examination, however, will place this
objection at rest.
Congress possesses the sole and exclusive
power, nnder the Constitution, ** to declare
war.'* Thev alone can “ raise nnd support
armies, and “ provnte and maintain a na
morienn merchant vessels, their crews nnd 1
irgocs, against, violent nnd lawless seizure r
nU confiscation in tho ports of Mexico and J
ie Spanish American States when these '
iiintrios mav he in a disturbed and revolu- 1
on ary condition. The mere knowledge }
int such an authority had been conferred, J
s I have already stated, would of itself, in a ;
rcat degree, prevent the evil. Neither f
rould this reqnirc. anv additional appropria- ;
on for the naval service.
The chief object urged against tho grant of 1
liis authority is, that Congress, by confer- <
in°" it, would violate the. Constitution that ^
would ho a transfer of the war-making, or, '
triet.lv speaking, the war-declaring power to
he Executive. Tf this were well founded, it
rould, of course, he conclusive. A verv
.rief examination, however, will place this ^
bjection at rest. . i.
Congress possesses the solo and exclusive
i©wcr, under tho Constitution, “ to declnro
rar.” Thev alone can “ raise and support
rmies.” nnd 11 provide and maintain a na
v.” But after Congress shall have declared
vnr, and provided the force necessary to
•nrry it on, the President, as Commander-in- t
3hief of the Army and Navv, can alone cm- jj
jloy tho force in making war against the
snemy. This is ihe plain langnnere, and his- r
orv proves that it was tiie well-known in- r
sention of tho framers of tiie Constitution. ?
It will not he denied that the frenera '
< power to deelare war” is without limita- '
ion, ami embraces within itself not onlv t
what writers on the law of the nations term <
i public or perfect war, but also an imperfect j
war—and, in short, every species of hostility. J
however confined or limited. Without the
authority of Congress tiie President cannot !
fire a hostile gun in any case, except to repel ^
the attacks of an enemv. It will not he 1
doubted that under this power Comrress
could, if they thoueht proper, authorize the
President to employ tiie force at his com
mand to seize a vessel belomrimr to an Amer
can citizen which had been illegally and un
lustlv captured in a foreign Contrress onlv
act after the act—after tiie mischief has been
done ? Have thev no power to confer unoo
tiie President the autlioritv in advance to fur
nish instant, redress should such a case after
wards occur? Must thev wait until tiie mis
chief lias been done, and can thev anplv the
remedy onlv when it is too late? To confer
this authority to meet, the future eases under
circumstances strictly specified, is as clearly
within the wardcolarimr power 11s such an
authority conferred upon the President by
net of Contrress after the deed had been done.
In tiie progress of a frroat nation manv eici
o-encios must arise imperatively requiring:
That Congress sliould authorize the President
to act promptly on certain conditions which
mav or mav not afterwards arise. Our his
tory has already presented a number of such
cases. I shall onlv refer to the latest.
Under tho resolution of .Tune 2,18 >8. lot
the adjustment of difficulties with tlm Repub
lic of Paraguay,” the President is author
ized to adopt, such measures and use such
force as in ltis judgment may be necessary
and advisable in the event of a refusal of just
satisfaction bv the C.overnment of Paraguay.
“ Just satisfaction " for what? For the at
tack on the United States steamer Water
Witch ” and “ other matters referred to in the
Annual Message of the President. Here
the power is expressly granted upon the con
dition that tiie (rovernment of Paraguay shall
refuse to render this “ .just satisfaction. In
this nnd other similar eases Comrress has
conferred upon tiie President power in ad
vance to employ the army and navy upon
the happening of eontimrent future events,
■ and tills most eertainly is embraced within
the power to declare war. _
■ Now if this conditional and contimronl
• power could he constitutionally conferred up
r on the Presldext in the case of Paraguay, Why
i may it not be conferred for the purpose O'
irotccting the lives and property of Ameri
can citizens in the event that they mav bo vi
tnn.lv anil unlawfully attacked m passing
vor the transit routes to and from California,
"I' m.,! hv the seizure of thtir vessels in
>ras9ftilea ny deny this power is to
t foreign P ‘ great rlee:ro« useless for
•enderthona y iivos and property of
ho protection trios where neither
American citizens In cwim othorwise ob.
irotcction nor redress can
ained. , , ,
The Thirty-fifth Congress terminated on the
Id of March, 1859. without having Passed the
‘act making appropriations for tlio service
>f the Post-office Department during the fls
*a! year ending the 30th Stine, 1800. This
let also contained an appropriation “to sup
ilv defieienees in the revenue ef the Post-of
iee Department for the year ending the 30l.ii
if June, 1859 " I heliovo this is the first in
taneo since the origin of the Federal Gov
rnment, now more than twenty vears ago,
vlion anv Congress went out of existence
vithout having passed all the general appro
bation hills necessarv to carrv on the gov
mment until the regular period for the moet
ng or a new Cengrcss. This event imposed
,n the Executive a grave responsibllit. If
iresented a choice of evils.
Had this omission of dutv occurred at ttie
irst session of the last Congress the remedy
vould liave been plain. I might then have
nstantlv recalled them to complete their work
-and tills without expense to the Govern
nent. Rut on the 4th of March last there
vere fifteen of the thirty three States which
tad not elected anv representatives to the
iresent Congress. Had Congress lieen railed
ogother immediate!'-, these States would
lave been virtually disfranchised. If an in
ermediate period hnd been selected, several
If the States would liave boon compelled to
iold extra sessions of their Legislatures, at
•reat ineonvenienco and expense, to provide
or elections at an earlier dav than that, previ
Iistv fixed bv law. In the regular course,
ro of these States would not ele'-t until after
ho beginning of August, and five of these
on not”until October and November.
On the other hand, when I came to examine
arefnllv the condition of the Post-office De
lartment, I did not meet as man'- or as great
iifficulties as I bad apprehended. Had the
liil which failed been confined to nppropria
ions for the fiscal year endiag on the 30th of
nne next, there would liave heen no reason
>f pressing importance for the call of an cx
ra sesssion. Nothing would become due on
ontracts (those with railroad eomnanies on
v excepted) for carrying the mail fortlie first
uarter of the present fisea’ vear, commenc
ng on the 1st of July, until the 1st of De
cipher—less than one week before the mcet
ng of present Congress. The reason is that
he mail contractors for this the current year
id not complete their first quarter’s service
mtil ttie 30th September last; and by the
arms of thier contracts sixtv days more al
nwed for the settlement of the of thier ae
ounts before the Department could be called
ipon for pavment,.
The great difficulty and the great hardship
onsisted in the failure to provide for the pnv
nentoftbe deficienev in the fiscal year end
ing the 30th June 1859. The Department had
ntered into contracts, in obedience to exist
ng laws, for the service of that fiscal year,
ind the contractors were fairiv entitled to
lieir compensation as it became duo. Ttie
lefieienev as stated in the bill amounted to
>3,838,728. but, after r. careful settlement of
ill tiiese accounts, it has been ascertained
bat it amounts to $4,296,000. With the
eantv means at bis command the Post mas
er-General has managed to pay that portion
if this deficiency which noenred in the first
'VO quarters of the past fiscal year, ending on
lie 31«t December Inst. In the meantime the
•ontraetors themselves, under tiiese trying
lireumstnnees, have behaved in a manner
vorthyof ait commendation.
They had one resource in the midst of
lieir embarrassments. After the amount
lue to each of them had been ascertained
md finally settled according to law, this bo
• nme a specific debt of record against the
jnited States, which enabled them to borrow
nonev on this unquestionable security. Still
hey were obliged to pav interest in oonso
inence of the default of Congress, and on
■very principle of justice ought to receive
nterest from the Government. This interest
ihoutd commence from the date when a wnr
■nnt would have been issued for the payment
r .1 - _:_1,0,1 on onnpftnpinHmi hofttl
nude for this purpose. Calculated up to 1st
deeemhor, it will not exceed $911,660—a sum
lot to he taken into account when contrasted
vith the great difficulties and embarrass
nents of a public and private character, both
o the people and the States, which would
rave resulted from convening and holding a
ipecial session of Congress.
For these reasons I recommend the passage
if a hill, at as oariv a dav as may he practic
\hlp, to provide for the pavment of the
imo’unt, with interest, due to these last-men
ioned contractors, as well as to make the ne
■cssarv appropriations for tho service of the
Post-Office Department of the current fiscal
tear.
The failure to pass the Post-Office oilj no
•essarilv gives birth to serious relections.
Poo gross, hv refusing to pass tho general ap
propriation bills necessary to carrv on the
lovernment, may not only arrest its action,
rut might even destroy its existence. The
irmy. the navy, the judiciary, in short every
lepartment of the Government, can no long
»,• perform their functions if Congress refuse
:he money necccssarv for their support.
If this failure should teaeli tho country the
necessity of electing a full Congross in suffl
’ien time to enable the President to convene
them in anv emergency, even immediatejv
after tho old Congress has expired, it. wjll
have been productive of great good. In a
time of sudden and alarming danger, foreign
nr domestic, which all nations mnst expect
to encounter in their progress, tho very sal
vation of our institutions mav he staked up
on the assembling of Congress without delay,
[f, under such circumstances, the President
should find himself in the condition in which
he was placed at the close of the last Con
ivith nearly half tho States of the Union des
titute of representatives, the consequonces
might be disastrous. I, therefore, recom
mend to Congress to carry into effect the pro
visions of the Constitution on this subject,
and to pass a law appointing some dav pre
vious to the 4th March in each year of odd
number for toe election of representatives
throughout all the. States. They have already
appointed a dav for the election of clcctofs
for President, and Vico President and this
measure has been approved hv tho country.
I would again express a most decided opin
ion in favor of the construction of a Pacific
railroad, for the reasons stated in my two last
annual messages. When I reflect upon what
would he the defenseless condition of our
States and Territories west of the Rocky
mountains in case of a war with a naval
power sufficiently strong to interrupt all in
tercourse with them hv the routes across the
Isthmus, I am still more convinced than ever
of tho vast importance of this railroad. I
have never doubted the constitutional compe
tency of Congress to provide for its construc
tion' hut this exclusively under the war-mak
ing power. Besides, tho Constitution ex
pressly requires, as an imperative duty, that
“ the United States shall protect each of
them (tho States) against invasion.’’ I am at
a loss to conceive how this protection can he
afforded to California and Oregon against
such a naval power by anv other means.
I repeat the opinion contained in my last
annual message, that it would he inexpedient
for the Government to undertake this great
work hv agents of its own appointment and
under its direct and exclusive control. ^ This
would increase the patronage of the F.xocu
tive to a dangerous extent, and would foster
a system of jobbing and eorrnptian which nc
vigilance on the part of Federal officials couli)
prevent. The construction of this road ought
thereforo, to he intrusted to incorporate
companies, or other agencies, who would ex
creise that active and vigilant, supervisior
over which it can be inspired alone by a sense
of corporate and individual interest. I ven
ture to assert that the additional eostoftrans
—_/->♦’ nrni> ti rwl nffPI'U
sury supplies for tho army across the vast in
tervenins: plains to our possessions on the Pa
eific coast would ho greater in such a wai
than the, whole amount required to construct
the road. And yet this resort would, arte
all, he inadequate for their defense ana pro
tection.
We have yet scarcely recovered from th
habits of extravagant expenditure, produce*
by our overflowing Treasury, during severa
vonr* prior to the commencement of mv a*l
ministration. The financial reverses whirl
we have since experienced ought to teach 11;
all to scrutinize onr expenditures with th'
greatest vigilance, and to reduce them to tin
lowest possible point. The Executive De
partments of the Government have devote
themselves to the accomplishment of this oh
jectwith considerable success, as will appoa
from their different reports and estimates
To these I invite the scrutiny of Conereai
for tiie purpose of reducing them still lower
if this he practicable, consistent with th
great public interests of tho country. In ai*
of the policy of retrenchment l pledge my
self to examine closely the bills appropriate
land s or monev, so that if anv* of thes
should inadvertently pass both Houses, a*
must sometimes be the case, I may affon
thorn an opportunity for reconsideration. A
the same time we ought nevor to forget tha
true public economy consists, not in with
holding the means necessary to necomplisf
important nationrl objects confided to ous b\
the Constitution, but in taking care thai the
re have nines experienced ought to tench tis
11 to scrutinize onr expenditures with tho
Tcatest vigilance, and to reduce them to the
iwcst possible point. The Executive De
triments of the Government hnve devoted
hemselves to the Accomplishment of this ob
ect with considerable success, hs will appear
mm their different reports and estimates.
Y) these I invite the seriitinv of Congress,
nr tho purpose of reducing them still lower,
' this bo practicable, consistent with the i
rent public interests of the country. In Aid
f the policy of retrenchment I pledge my
™lf to examine closely the bills Appropriating
ind s or money, so thnt if anv of these
lionld inadvertently pass both Houses, ns
mst sometimes he the case, I may afford
mm an opportunity for reconsideration. A t
ie same time wc ougiit nevor to forget that
•lie public eeonomv consists, not in witn
oidinc the means necessary to accomplish
pportnnt nationrl objects confided to ous by
ie Constitution, but in taking care thai the
lonov appropriated for these purposes shall
e faithfullv and frugally expended.
It will appear from tho report of the Secre
irv of the Treasury t hat it is extremely
oubtful, to say tho least, whether we shall
e able to pass through the present anil the
ext fiscal year without providing additional
3venue. This can only bo accomplished by
trictlv confining the appropriations within
lie estimates of the different Departments,
,-itbout making an allowance for anv addi
Innal expenditures which Congress may
liink proper, in their discretion, to author
,.e and without providing for the redomp
ion of any portion of the #20,000,000 of
"roasurv notes which have been already is
ued. In the event of a deficiency, which I
■onsider proboble, this ought never to he
applied by a resort to additional loans.
It. would he a ruinous practice in the days
if peace and prosperity to go on increasing
he national debt to meet the ordinary ex
penses of the Government. This policy would
•ripple eur resources and impair our credit ill
?asethe existence of war shouin render it ne
cessary to borrow menev. Should such a de
ficiency occur as I apprehended, I would re
commend that the necessary revenue he raised
hy an increase of our present duties on im
ports. I need not repeat the opinions ex
pressed in mv last annual message as to the
best mode and manner of accomplishing this
object, and shall now merely observe that
these have since undergone no change.
The report of tho Secretary of the Treasury
will explain in detail the operations of that
Department of the Government.
The receipts into the treasury from all
sources during tho fiscal year, ending 30th
Tune 1859, including the loan authorized bv
the act of 14th June, 18,58, and the issue of
treasury notes, authorized by existing laws,
wereSl fi02,471 01, which sum, with the bal
ance of $9,3#8.31G 10 remaining in the treas
ury at the commencement of thnt fiscal year,
made an aggregate for the service of the yent
of $88,099,787 11.
The public expenditures during the fiscal
year ending 30th June, 1859, amounted tc
$83,751,-511 57. Of this sum $17,405,283 44
I were applied to the payment of interest or
the public debt and the redeption of the issuei
of treasury notes. The expenditures for ai
other branches of the public service durint
that fiscal year were, therefore, $60,356,226 II
The balance remaining in the treasury ot
the 1st July, 18-59, being the commenccmen
of the present fiscal year, was $4,339,275 54
The receipts into the treasury during th
first quarter of the fiscal vear, commcncin:
July 1st, 1859, were $20,618,865,85. Of thi
amount $3,821,300 was received on aseoun
of the loan and the issue of treasury notes
tho amount of $16,797,565,85 having been rc
ceivevtl during the quarter from the ordinal
sources of ipuhlic revemte. The [estimiSrt
J3celpts far we riu" lining thr®6 fluart^rtic
the present fiscal vear to 30’h .Tune, I860, are
j $.50,426,400.
Of this amount it Is estimated that $5,766.
: 400 will ho received for treasury notes which
may he reissued under the lifth section of til e
net of 3rd March last, and si,1700,000 en ac
count of the loan authorised bv the net of
June 14. 1858—making $6,020,400 from these
extraordinary sources of the public revenuo
—making an aggregate, with the balance in
the treasury on the 1st ,lu|v, 180>J, of 5755,
381,511 81 for the estimated means of the
present fiscal vear ending 30th June, 18g0.
The expenditures during the first quarter of
the present fiscal year were #20,007,174 76.
Four million six hundred and sixtv four
thousand three hundred and sixty-six dollars
and seventv-six cents of this sum were ap
plied to the pavment of interest on the pub
lic debt and the redemption of the issues of
treasury notes, and the remainder, being
$15,342 808, were applied to ordinary expen
ditures during the quarter.
The es'imated expenditures during the
remaining three quarters to June 30,
1860, are $40,095,558 23. Of which sum
$2,886,624 34 a'-e estiina'rd for the in
terest on thp nnhlic debt. The ascer
tained aid estimated expenditures for
the fiscal year ending 30th Tune, 1860, on
account of the public Sdebt, are, accord
ingly, $7,550,988 10, and for the ordinary
expenditures of the Government $53,451,
714 89, making an aggregate of $64,002,
732 99; leaving an estimated balance in
the treasury on the 30 h June, 18,:0, of
$14,381,808 40.
The estimated recein's during the next
fiscal year ending 30th June, 1861, are
$66,225,000, which, with the balance es
timated, as before stated, as remaining in
the Treasury on the 30th June, 1860. will
make an aggregate for the service of the
n'xt fiscal year of $80,609,808.40.
Ttie estimated expenditure- during the
next fiscal vear ending 30th June, 1861,
are $66,714,928.79. Of this amount, $3.
886,611.34 will he required to pav the in
terest on the public debt. leaving the sum
of $63,328,307.46 for the estimated ordi
nary expenditures during the fiscal year
ending 30th June, 1861. Upon these esti
mates a balance will be lsft in thp Treas
ury on the 30tn June, 1861, of $13,801,
879.61.
But this balance, as well as that esti
mated to remain in the treasury on 1st of
July, I860, will be reduced by such appro
priations as shall he made bylaw to carry
into effect certain Indian treaties during
the present fiscal year, asked bv the Sec
retary of the Interior, to the amount of
$539,350, and upon the estimate of ihe
Postmaster General for the service of his
department the 1 ist fiscal year, ending the
30th of June, 1859, amounting to $4,296,
009, together with the further estimate of
that officer for the service of the present
fiscal vear, ending the 30th of June, 1860,
being $5,526,324, making an aggregate of
$10,361,683.
Should these appropriations be made, as
requested bv proper departments, the bal
ance in the treasury, on the 30th of June,
1861, will not, it is estimated, exceed
$3,530,196 61.
I transmit herewith the reports of the
Secretaries of War, of the Navy, of the
Interior, and of the Postmaster-General.
They each contain valuable information
and important recommondations well wor
thy of the serious consideration of Con
gress.
It will appear from the report of the
Secretary of War that the armv expendi
tures have been materially reduced by a
svsstem of rigid ecomony, which, in his
opinion, offers every guaranty t' at the re
duction will he permanent. The esti
mates of the department for the next have
been reduced nearly two millions of dol
lars below the estimates for the present
fiscal year, and half a million of dollars
below the amount granted for this year at
the last session of Congress.
The expenditures of the Post Office De
partment dtirin the past fiscal year, ending
on the 30th June, 1859, exclusive of pay
ments for mail service specially provided
for by Congress out of the general treasu
ry amounted to $14.96s,493 33, and its re
encv to be supplied from the treasury of
$,996,(109 26, again.* $5,235,677.15 for the
year ending ’line 30th, 1858. The increas
ed cost of transportation frowi*'g out of
the expansion of the service required hv
Congress explains thisirapid augmen'a
tion of the expenditures It isgra'lfving
however, to observe an increase of receipts
for the year ending on the 30th June, 1859,
equal to $481,691 21,compared with those
in the year ending on June, 1858.
It is estimated that the deficiency for
the current fi.cai year will he $5,988,424
04, but that for the year ending 30lh June,
1861 it will not exceed $1,342,473 90,
should Congress adopt the measures of
reform proposed and urged by the Post
master General. Since the month of
March retrenchments have been made
in the expenditures amounting to $1,
826,471 annually, which, however, did
not take effect until after the com
mencement of the present fiscal year.
The period seems to have arrived for
determining the question whether this
Department shall become a permanent and
ever-increasing charge upon the treasury,
or shall be permitted to resume the self
sustaining policy which had so long con
trolled its administration. The course of
legislation recommended by the Postmas
ter-General for the relief of the Depart
ment from its present embarrassments, and
for restoring it to its original independ
ence, is deserving of your early and ear
nest consideration.
In conclusion, I would again commend
to the just liberality of Congress the local
interest of the District of Columbia.
Surelv the eitv bearing the name of Wash
ington, and destined, I trust, for ages to be
the capital of our united, free, and pros
perous ’Confederacy, has strong claims on
our favorable regard.
JAMES BUCHANAN.
Washington City, Dec. 19, 1859.
In (ho Douse of Representatives of the
Georgia Legislature, a resolution lias been
passed to appoint two Commissioners to Eu
rope, to examine into the feasibility of estab
lishing direct trade between the South and
Continental Europe. lion. A. II• Stephens
and Dr. McGhee, Senator from Houston,
have been appointed.___
jBtQcellancoug._
THE FAMILY JOURNAL FOR 1*60.
ON THE FIRST SATURDAY IN JANU
ARY will be commenced a n w volume of thli
p pular Southern Illustrated Literary Paper. Om
year hco The Journal was begun as an experiment u
establish a literary paper south of Ma«on and luxon !
line, which, while it should not contain anything sec
tional in its columns, might be a means of freeing th<
South from it3 depen k*nce on the North for it' lite
rary food. The attempt has been a successful one. am
the popularity of The Family Journal wherever it ha;
been introduced is the best evidence of its access
The publishers, however, do not rest satisfied to le
The Journal remain without improvement, nut tiav<
made such engagements for the ensuing year as wii
prove their determination to leave no effort untrlet
to deserve a liberal share of public favor.
With the January number will commence a thrUlini
original story of intense interest, entitled
O. F. A.—A. F. O.;
OR.
TIIE MYSTERIOUS BAND
A STORY OF CITY LIFE.
BY JOHN B. WILLIAMS, M. D.
The scene of this story is laid in New York, and!
the present day. The plot is most exciting. MjaHj
• scenes depicted of the most absorbing cbaracie
From the very first number the reader’s mterew
most vividly excited, .and maintained without nai
ging to the end. It will be Illustrated InthebUlhe
> style of art. Particular attention will also be paid i
* the ensuing volume to
ORIGINAL SHORT STORIES.
Each number of the paper will contain three or foi
complete stories by trie* popular authors of the da;
They will be written with great care, and speda'
adapted to iuterest those persona who do not read tl
; continued stories.
‘ SKETCHES OF TRAVEL AND ADVENTUR]
Will also form a special feature in the coming rolutn
1 as well as
BIOGRAPHICAL ESSAYS,
Which will contain the lives of all the popular authoi
USEFUL INFORMATION.
’ Under this bead will be comprised Interesting Ane
> dotes in Natural History, Chemistry, new inventioi
5 in Science and Art, items for the Farmer and Hous
1 keeper, etc.
Particular attention will also be paid to
ORIGINAL POETRY,
* Extreme care being taken to present such only i
shall command the praise of every lover of till* diviu
I artr
THE LADIES’ PORTFOLIO
Will continue to be a prominent feauture in the en*1
log volume. To those who have already subscribed t
the paper. w»* need but mention t e names of glspic
Blanche. Milley. L'lnconnut. Madge. M. Louie*
Gertrude Florence, Sub Rosa, Iftttie. Vara Mon
trnee. Annie K. M., Aunt Siah, Lelia. Blooming UbJ
Isla. Hattie, Lalieur, aud a host ef others, £,intrl
i K-m-- h i *->mr »rrr»n«iTin ft ™ m
1 tuerou* subscribers.
rv* *fn:iw-rWf«a* 'tfmr vfrifr VkWiif,
adapted to Interest those persons who do not read the
continued stories.
SKETCHES OF TRAVEL AND ADVENTURE,
Will also form a special feature in the coming1 Volume,
as well as ___ . „„
BIOGRAPHICAL ESSAYS,
Which will contain the lives of all the popular authors.
USEFUL INFORMATION.
Under this head will be comprised interesting anec
dotes in Natural History, Chemistry, new inventions
In Science and Art, items for the Farmer and House- ,
keeper, etc. , ,, . I
Particular attention will also be paid to
ORIGINAL POETRY,
Extreme care being taken to present such only ®B
shall command the praise of every lover of this divine
art.
THE LADIES’ PORTFOLIO
Will continue to be a prominent feauf ure In the ensil
ing volume. To those who have already subscribed to
the paper, we need but mention t e names of Elspie.
Blanche, Milley, I/Inconnue, Madge, M. Louise R..
n»»rtriide Florence, Sub Rosa, Jjftttie, Vara 'ton
fro^AnnleKM?, Aunt Slab. Lelln..Blooming Lily.
I.hi huttie, Lalieur, and a host ef other,, as contrl
Imters, to Insure It a hearty appreciation from our nu
“mot ‘“mestoFwhat we intend to do the coming
year, we mention a.fewof our contributors; we are
daily adding to the list :
Malcolm J. Krrym,
Harrv Lvndon. F rank Schaller,
fohn5?. Knight, M. P.. J. Lansing Burroughi,
Percy Garnett. Ksq., Augusta LavendUh,
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Or. Charles H. Moore, M. E. Hai'kina
Miss Cmikshank, nw iiliam*
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Dick Stmn-Yarn, Lieut. Kerr,
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XXXVIth Congress—First Session.
II O U S E.
Washington. Monday. Decembers*!, 1 N'lj
Mr Moore, of Ry., Mr. Smith, of Virginia
: yielding the floor, offered a resolution, which
was read for information, that Alexander It
Boteter he declared Speaker of the IIouso ol
; the Thirty-sixth Congress.
Messrs. Bingham and Barksdale objected
to the resolution, ns being out of order.
Mr. McClermuid, of Illinois, moved to
substitute the name of Mr. Davis, of In.
diana.
The Clerk said that the resolution was
not in order, several gentlemen having oh.
: jeeted, and besides, other questions were
pending.
: Mr. Moore remarked that tie introduced the
| resolution honestly, hoping it would meet the
approbation of a majority of tlie House. He
trusted all had earnestly endeavored,since the
first day of their meeting,to effect an organi
zation, and been governed by the same ho
nesty, candor anil frankness by which ho
himself was actuated.
Mr. Barksdale, of Mississippi, reminded
Mr. Moore that the resolution had been ob
jected to, and the gentleman, therefore, lind
no right to debate.
Mr. Moore replied that Mr. Smith had
yielded the floor to him.
Mr. Smitli observed that he did so for the
purpose of hearing what Mr. Moore had to
say.
Mr. Moore replied that all he wanted the
gentleman to hear was what lie had to say.
(Laughter.)
Mr. Smitli supposed that wlmt Mr. Moore
had to say was embraced in the resolution,
and ho had no idea of yielding the floor for
him to debate.
Sir. Moore was exceedingly grateful to the
gentleman for permitting the resolution to be
rend. He had nothing further to say.
Mr. Kilgore, of Indiana, appealed to Mr.
Smith to forego his remarks till to-morrow,
that the House might vote for Speaker till
two o’clock to-day, and then adjourn.
Mr. Barksdale suggested that the House
adjourn now.
Mr. Smith was willing to yield the floor
for that purpose.
Mr. Stewart, of Maryland, thought thnt
Mr. Smith had better conclude his speech
now.
Mr. Smith, resuming, declared himself a
sincere and loyal friend to the Constitution
and the Union. He was an advocate for no
new or inflammatory doctrines; lie wanted
no modern innovations; lie desired to uphold
the Constitution as framed by our fathers,
and replied to the arguments of the republi
cans, founded on the Declaration of Inde
pendence, that all men were created equal, by
saying that instrument was formed by free
men, not slaves. It was free men who' pro
posed to sever the relations with England
and form an independent government. In
the article of confederation free inhabitants
are specifically mentioned, showing that
slaves are not included. Then followed the
adoption of the Constitution. Negroes were
no parties to the formation of that insti ll
ment. Tlie Constitution expressly provides
for the return of fugitive slaves.
Mr. Smitli went on to allude to cases occur
ring under that clause. Washington himself
attempted to reclaim a fugitive slave, lie
quoted the case of Prigg vs.[the State of Penn
sylvania, and gave the history of events
from the adoption of the Constitution to the
present day, showing that all aggressions on
the subject of slavery came from the North,
and the agitation resulting therefrom, was
justly chargeable to them. Particular refer
ence was made to the Louisiana purchase,
the admission of Missouri, the efforts of
Henry Clay on that occasion, and quoting the
authority of Jefferson, Madison and Monroe
against the Missouri restriction. NbrtfiBsu^
aggression did not originate in the love of
tile negro, hut the desire for political power.
During his speech some one sen*, him a
tumbler of egg-nog, which he drank, say
ing: “Merry Christmas to all of you.”
(Laughter.)
Mr. Kilgore, of Indiana, inquired whether
it was in order for the gentleman to monopo
lize the drinking of egg-nog, while the rest
are doing without it?
Mr. Smith said that that was one of the
constitutional privileges of his side of the
House. (Laughter.)
(A Voice)—“I’d like to have some; I’m
dry as thunder. Ha, ha.”
After further remarks, Mr. Smith received
another tumbler of egg-nogg, which lie
drank, bowing to the ladies’ gallery, and
creating much merriment.
Mr. Burnett, of Kentucky, rose to inquire
if this was a private treat or not. (Renewed
laughter.)
The Clerk said he would not undertake to
decide that point, but would, if desired, put
the question to tiie House. (Laughter.)
Mr Moore, of Kentucky—I move wo ad
journ, so as all may take that same kind.
(Cries of no, no; go on.)
Mr. Smith—I was willing to adjourn this
morning myself, out *f reverence for the day,
hut the party which regards the Sabbath as
an innovation on popular liberty and repudi
atcs it us a social arrangement, was nui "ti
ling to manifest their respect for the birth
day of the Saviour of the world, and hence
refused to adjourn. I then, in a Christian
and reverential spirit, (laughter,) engaged in
the labor of love, endeavoring to enlighten
the darkened understanding of that side of
the House; but yet, Sir, 1 am willing to give
way for adjournment. (Cries on the repub
lican side of no, no; go on.)
Mr. Smith—" If it be the pleasure of the
House to adjourn I will yield.”
Mr. Burnett—“ I move we adjourn. I care
nothing personally about it, hut think it due
to tlie employes of this House. If there is a
chance to elect a Speaker, I would lie willing
to vote." -,
The republican side culled for the yeas and
nays on a motion to adjourn.
Sir. Slorris, of Pennsylvania, suggested
that Sir. Smith publish the remainder of his
speech without delivery.
Sir. Sloorc desired the House to adjourn.
If the negroes are allowed a week for holi
days, he wanted to know if gentlemen were
to he kept there at hard labor all the time
and if they expected their door-keepers to ilc
the same. He would like to adjourn lor i
week, at least, to have time to go home.
Sir. Smith—" I can’t consent to any sucl
motion; my speech will hurt.” (Laughter.
Sir. Sloorc withdrew his motion.
The yeas and nays weic ordered, and the
Clerk commenced calling the roll.
Sir. Slorris, of Illinois—" I object to tli
gentleman’s yielding the floor for a motiot
to adjourn.”
The Clerk—" The objection came too lat
—a response having been made.”
Sir. Slorris—" I hollered as loud as I conli
and was not recognized. If the ^objectio
comes too late, it was not my fault.”
Sir. Washburne, of Slaine, hoped that tli
motion to adjourn would he withdrawn, s
that Mr. Smith could go on with his speed
Sir. Burnett refused to withdraw his motioi
(Cries of “Call the roll.”)
Sir. Adrian, when his name was callec
said he understood it would ke three houi
more before Sir. Smith could finish his speed
If that was so, he would vote for an adjourr
ment. , .
The roll was then called amid great conli
s*on. .
Sir. Webster, of Maryland, when hisnam
was called, said that hitherto he had alwaj
voted yea on a motion to adjourn, knowm
that no damage conld lie done to the corn
try, when the House was not in sessioi
caving been at home and consulting h
sonstituents, and being satisfied that the ci
is is past, he should now clinnge his couri
and vote against it. . .
Sir. Hughes, of Maryland, believing th;
the crisis is not yet passed, would vote yt
: for the reason stated by his colleague.
Sir. Hall, of Ohio, remarked that son
distinguished man had said " all *hhigs mu
have an end,” and he presumeu Mr. smith
speech would. (Laughter.) He would mo'
that Sir. Smith be permitted to continue h
remarks until they were finished, aud tli
the House stand adjourned at their cone!
sion. (Excessive laughter
Sir. Smith, (rising indignantly,) said i
' did not see why gentlemen should wish
r treat him in that way. He had yielded tl
» floor day after day, and now, after he had i
• dicatcd a wish from the beginning to gran
J a number of gentlemen who 'fished to a
journ, there seemed to be an effort made
treat him with disrespect and force him
speak to empty benches. He knew not rvl
. lie was treated so by friends as,well as tot
y On motion, the reading of tiro names »i
e dispensed with. Several gentlemen changt
, their votes, giving their reasons.
-» John Cochrane said: I wish t) change n
t, vote. I think it. is a very sotinn time
(laughter,) and I would sit her. and pa.
AmOUK lUO
'°jlr. Ilriggs desired Mr. Smith X) give son
reas.liable guarantee bow mui-u more ,ir
I* he proposed to occupy the IIoisc during I
I- holiday week, it would save thr necessity t
adjourning over. (Laughter.) The vote \\
announcedyeas 75; nays 123. So the Iiou
refused to adjourn.
9 Mr Hill moved that no vote be taken f
L Speaker until one e'clock to-morrow. Agra
to
Mr. Morris, of Illinois, “ I desire to tel
this •pportunity to object to «he jjentleini
, from Virginia yielding the floor for any pu
pose, unless he yields it conditionally-'*
Mr. Harris, of Maryland, moved to a<
journ.
The republican aide called for the >eut» an
dispensed with. Several gcntI<.nCn changer
their votes, giving their reasons,
John Cochrane said : “I w/eh t> change J
vote. I think it is a very sopmn »*"*
(laughter,) and I would sit her# a»d 1 * .
among fho solemnities of this 111
VOMrnBrlggs desired Mr. Smith :o give some
reas.nah o guarantee hew mud. more time
1 he proposed to occupy the HoVO during the
holiday week, it would sa ve he necessity for
adjourning over. (Laughter.) The vote was
announced '• yeas 7o, nays 1 — 1. So the House
refused to adjourn.
Mr. Hill moved that no vote lie taken for
Speaker until one o’clock to-morrow. Agreed
t0Mr. Morris, of Illinois, “ I desire to take
this opportunity to object to the gentleman
from Virginia yielding the floor for any pur
pose, unless he yields it conditionally.”
Mr. Harris, of Maryland, moved to ad
journ.
The republican side called for the yeas and
lays, which were ordered.
Mr. Smith. “What is the use of this?
rho other side won’t let us apjourn.”
Mr. Harris withdrew his motion.
Several other motions were made and with
lrawn, great confusion prevailing.
Mr. Burnett moved to adjourn, saying:
' Clerk, put the vote.”
(Loud cries of “ Aye,” mingled with call
’or the yeas and nays.)
The Clerk declared the House adjourned,
and the members retired in great glee.
A MIRACLE IN WASHINGTON.
-.—
Mr. lluchnnnti a Witness.
From t lit* New York Post.
Dr. T. L. Nichols, formerly of this city, and
of late years a proselyte to the Roman Catho
lic faith, givss the following account of what
lie pronounces a miraculous cure, of which
Mr. Buchanan was a witness, in Washington.
It is related in a lecturo delivered in Troy on
the evening of December 7th:
“The Church of Christ was founded in the
world by the aid of miracles or manifesta
tions of a supernatural character. These mi
racles were wrought by our Lord, and lie pro
mised that they who follow him should do
even greater deeds. When did they cease?
The Protestants say with the Apostles, hut
every Cnthoiic knows that miracles have con
tinued down to the present day. They know
that every age of the church lias been marked
by these manifestations—that the blind have
been made to sec, the deaf to hear, that le
pers have been cured, and the dead raised
from their graves, down to our own era.
Such tilings have taken place in this coun
try, and numerous instances, well authenti
cated, supported by the best of proof, may
be quoted to show the correctness 01 nTfB
statement. I will only relate a near instance
in which the power and influence of these
supernatural manifestations were most re
markably exhibited.
“ A few years ago there lived in the city of
Washington, a Mrs. Mattingly, a devout
Catholic, of a very respectable family, and a
lady well known in the community in which
she resided, She had been sick for seven
j'ears of a cancer of the stomach, which hud
progressed so far as to make its appearance
on the surface, and had entirely crippled her
in her arms. She was so weak and low of
the disense that often a mirror was placed
before her face to sec whether she was alive
or not. Ilerdisease was considered incurable
by her medical attendants in Washington,
and sue was given ovci to die. When there
was no other hope her friends wrote to a Hun
garian prince, who was also a priest, a very
devout and holy man, whose prayers had
often been answered in his own country,
and the fame of whoso deeds bad
| spread far nnd wide, in respect to he
ease. lie replied that on n certain dav
at a certain l.onr, he would snv mass ir
helialt of the sufferer, which should lie eel*
orated In their presence at tile same time
calculating the distance in longitude, ami
that she should also receive the holy commit
mon. The period fixed upon arrived. Sin
lay in bed, and It appeared that slie was ncvei
so low as on that morning. The ceremom
was performed and she received the holv
communion, although it was at first doubted
whether she could survive it. In a moment
after tt was completed she arose from hei
lied, returned thanks, went down stairs and
received the congratulations of three hundred
visitors who came to rejoice over her rcrov
cry. All symptoms of disease had vanished,
the ulcers had disappeared, and the cure was
I enacted instantly. Among those present on
the occasion wns President Buchanan. The
lady died in Washington three or four years
aco 1 could mention other eases as occur
ring in this country, hut tills ono is sufficient
for my purpose.
From The Journal of Commerce.
THE CRUELTY OF ABOLITIONISM
The slavery excitement, so much intensified
of late in Virginia, is reacting with crushing
effect on the free blacks of tlie South.
Louisiana and Arkansas have already passed
laws for tho exclusion of this class of popu
lation from their respective limits, and more
recently tile subject lias como promineutlv
belore tho Legislatures of six other Stales,
namely, South Carolina. Georgia, Mississippi,
Tcnnesse, Virginia and Missouri. In the
State last named, nnd also in Georgia, a bill
to compel the free-colored population to leave
the State or be enslaved, lias passed the up
per branch. These are the alternatives pre
sented in every instance, so far as wo are in
fot mod, and a detorminatien is evinced to rid
tiie States named of a class who are nowcon
siderod ns dangerous, from their liability to
be employed by designing men ns agents for
propagating insurrections. Tims, by the in
sane folly of abolitionism, the progress of
emancipation is arrested through the entire
South, and a largo class, embracing many
worthy people who have been liberated, often
at a heavy pecuniary sacrifice on the part of
masters, are returned to a condition of servi
tude, or driven from their homes.
All the negroes ever spirited off by the
Underground Railroad nnd sent to Canada
or dispersed over the Northern States, are
few in comparison witli tiiose who are now
threatened with oppressive legal enactments.
Tlie subterranean operators who have been
so industrious in seeking to evade tlie obli
gations of tlie Constitution, nnd break down
laws essential to the preservation of social
order, find that they have been "saving at
the spigot and losing at the bung-liolo.” To
show more precisely the legislation contem
plated, we will here state some of the pro
visions of the bills under discussion.
The Georgia bill, introduced in tlie Senate,
is designed to compel all free colored per
sons to leave tlie State by January, 1862.
Any person of this class desiring to remain,
can do so by selline himself into slavery to
any citizen whom he may select:—the pur
chase money to go into tlie treasury of tlie
county, to defray tlie expenses of those who
prefer to leave. This measure is regarded by
many in the State its unnecessarily severe.
The Augusta Constitutionalist says:—
We believe that tlioy ought eventually to
disappear as an element in our population,
aud that measures should bo taken, at once,
under tlie operation of which the State event
ually would bo rid of them ; but we do not
believe that there is any necessity for their
summary and forced expatriation.
Tho number of free negroes in Georgia is
only 3,300.
Tlie hill which has passed tho lower branch
of the Mississippi Legislature, with only five
dissenting votes, and is likely to become a
law, is still more rigorous. liy this no free
negro can remain in the State after 1st of
July next, without a special license from tho
Legislature. In the meantime, holms an op
portunity to select a master, who shall hold
him for life.
The bill which has pas.sed the Senate of
Missouri, ayes 22, nays 10, is of tho same
general character. It compels all tree no
grocs to leave the State, in'espeotive of age
or length of residence.
The bill pending before the Legislature of
Tennessee, provides that all free adult ne
groes shall be seized and sold, if found in tlie
State on the 1st ol May next, aud that tlie
children shall bo bound out. Tho former
are allowed to emigrate to Africa, in which
case some slight aid is to be furnished by the
State, or they may seek a master and go into
slavery.
To such extremities as tlieso are a natu
rally inoffensive people reduced, or likely to
bo reduced, solely through the impertinent
interference of their profossed friends of the
North, whose assaults upon tlie social system
of the South have made tins species of legis
lation necessary, iu tlie opinion of those most
deeply interested as a measure of self-pro
tection. __
CHARLES O'CONNER ON SLAVERY
Among tho lawyers of New York, no one
occupies a position more enviable than that
■oPuimfies O’Conner, Esq. He made n
speech at tlie late Union demonstration ir
that city, from which we extract tlie follow
iug as a sample of tho general quality :
Indeed these two things—tlie law of God
and tlie principles of natural justice, as be
tween man and man, are one and tlie sam<
thing. Tho wisest heathens gave the rule o
conduct between man and man in these few
words: Live honestly; injure no man, ant
render to every man his duo. In words fa
more direct aud emphatic—in words of per
feet comprehensiveness—the Savior gave ui
tlie same ruie iri one brief sentence*. “ LoV1
thy neighbor as thyself.” Now speaking a
s between us, people of tho North, and th
people of the South, I ask you to act on tlii
rule—the maxim of tlie heathen, tlie com
! tumid of God. Render to every man hi
. due; love thy neighbor as thyself. Thu
should we act and feel toward the Soutl
I Upon that maxim, which came from Him <
» Nazareth, we are lo act toward tlie Soutl
) but without putting upon it any new
. langled modern interpretation. But, gentli
■ men, the question is, do these maxims justil
tbo assertion that negro slavery is unjust
’ Tl ‘ is the point to which this great argi
8 meat, involving the fate of our Union, mu
' now come. Is negro slavery unjust? U
vitiates tlie great rule or human conduc
i- rc-ider to every man his due, it is unjust.
it violates the law of God, which say
e hove thy neighbor as thyself,” it is unjui
8 Aud. gentlemen, if it could be maintaini
” thst negro slavery is thus m conflict witli tl
!" law ol God aud nature, I might bo pi
s pared—perhaps we should all be prepared
i- to go with a distinguished man, to whom i
e lusion is frequently made, and say there
a higher law which compels us to disrcga
II the Constitution, and trample it beneath o
!l feet, as a wicked aud unholy compact. A
this is the question which we must now me
Jt and which we must finally determine for o'
's selves. I insist that negro slavery is not i
e just. It is not only not unjust, but it is ju
is wise, and beneficent,
it i maintain that negro slavery is i
»- unjust; that it is benign in its ml
enccs, both on the white man and
10 tlie black. I maintain that it is ordaii
£ by nature; that it is a necessity of bi
I- races; that in the climates where the bh
y race can live and prosper, nature herself
1- joins correlative duties on the black m
0 and tlie white, which cannot be perforn
to except by tlie preservation, and, if the I
[ sing gentlemen please, by tlie perpetual
a of no&rn slayery.
'd I contend that it is not injustice to lei
tlie uegrj in the condition iu which nut
i piactju uwi, «uu .vi —
7 adapted. Fitted only for a state of pupil;
our slave system gives him a master to p
‘ ern and supply his deficiencies; and in
ie there is no injustice. Neither is it injus
ie in the master to compel him to labor,
ie thereby afford to that master a just cornj
>r satiou in return for the care and talent <
is ployed in governing him. In this way ai
iC is the negro able to render himselt usefu
himself and to the society in which h<
>r ,
These are the principles, gentlem
;e which the extreme measures of abolition
n and its abettors compel us to enforce. I
r- is the ground that wo must take, or abnne
our cherished Union. We must no lou,
favor political leaders who talk about slav<
J being an evil; nor must wo advanceJ
mfmmmammmmmmrnmmmmmmmmmm
I I contend Hint it is not injustice to lei
tho negro in the condition in which nati
placed him, and for which condition lie
adapted. Pitted only fora state of pupils;
our slavo system gives him a master to gi
ern and supply his deficiencies; and in tl
thc-ro is no injustice. Neither is it injusti
in tho master to compel him to labor, ai
thereby afford to that master a just compel
sation in return for tho care and talent on
ployed in governing him. In this way aion
is the negro able to rendor liimsell useful t
himself and to tiro society in which he i
placed.
These arc tho principles, gentlemen
which the extreme measures of abolifcionistr
find its abettors compel us to enforce. This
is the ground that wo must take, or abandon
our cherished Union. We must no longer
favor political leaders who talk about slavery
being an evil; nor must wo advance the
doctrine that negro slavery is a tiling which,
although pernicious, is to bo tolerated merely
because we have made a bargain to tolerate
it. We must turn away from the teachings
of fanaticism. Yielding to tho clear decree
of nature, and tho voieo of sound philoso
phy, wo must pronounce that institution
just, beneficent, lawful and proper.
THE MOUNT VERNON PAPERS.
The (iffy-third and last of these papers ap
pears in The New York Ledger of this week,
ft is a description of The Ledger establish
ment, in which Mr. Everett, apparently feel
ing conscious that ho had not earned his mo
ney by bis literature, proposed to put in a
compensation in tho way of a puli'. Mr.
Bonner, however, says of his contract with
Mr. Everett: “ We consider it one of the very
best and most lucrative operations in which
wc have ever engaged. It has paid—amply,
bounteously paid. We are perfectly satisfied
with the result.” Mr Bonner remarks: ‘‘We
are pleased to have it in our power to state
that Mr. Everett will rontributc occasionally
to The Ledger during the ensuing year.” Mr.
Everett concludes his last paper thus:
Though not sorry to bo released from the
responsibility of the weekly contribution, I
cannot sav that 1 terminate the series of the
“ Mount Vernon Papers” without regret, and
I shall gladfv avail myself of the opportunity,
which Mr. Bonner’s invitation affords me, of
nroflsionnllv renewing my communications
with the readers of The Ledger.
Exitus Acta Prohat.
As to the quantity of Ledgers printed, Mr.
Everett makes the following interesting state
ment:
As each copy of Tlie Ledger for one year
fonns-a folio volume of 410 pages, tlie quan
tity of printing annually executed on Mr.
Bonner’s presses, (without taking the reprint
of back numbers into the account,) is of
course four hundred thousand folio volumes
of that thickness; being about four times, I
suppose, the number of the volumes in that
noble library, which forms such an imperish
able monument to tlie name of Astor. If, ns
is probably the case, not more than a fount
part of the volumes in that magnificent col
lection are folios, and the other three-foarthi
of a smaller size—quartos, octavos, mid duo
decimos—then the quantity of printing (loin
in The Ledger office in tlie course of a singh
vear, being equivalent to sixteen hundret
thousand octavo volumes, will exceed ten o
twelve times the amount of printing eon
tained in the books of the Astor Library
As very many of tlie papers are taken b;
reading clubs, consisting of several persons
and Tlie Ledger is eminenly a paper for fam
ily use, it does not seem extravagant t
assume, that each paper is on an avorag
habitually read by four individual*; and eon
sequent!}*, that the who to inane ia read tv
welve or fifteen hundred thousand persona
When neonvention for international copv
rigid between 4J1 i> country and Great Brifah
was negotinfeoii few vears ago, while I wn
in the Department of State, a great alnrn
was raised a gain at it, ns if it was going almo*
to put an end to the printing business in thi
Dnitcd State*. Petition* against it* condemn
tion poured into the Senate, signed no
mereiv bv publishers engaged in reprintin'
English works, hut tvpe founders, pane
makers, and every other rla«s of person;
however remotely connected with the art o
printing Now not to mention that the Con
vent ion did not npplv to the great mass o
standard English literature, hut only to mo
dem copy-righted works, I satisfied mvseil
that anv one of the New York Dailies—ami
we have seen the same is true of The New
York Ledger—gives a greater amount of cm
plovment to all the trades and handiernt'h
connected with printing, (with the exception
of hook-binding.) tbnn is gi\*en bv the entire
reprint of English copv righted publications
for no one, I presume, would think of rating
it as high ns sixteen hundred thousand oc
tavo volumes annually.
From The N**w Proteent.
TIIK HEW MEXICAN TREATY.
« -
Virtual Annexation of Mnrc Mexican Territory.
The recent news from Mexico Is of pront
Importance. Mr. McLnne, after lone effort
11ml mnnv disappointments, tins at leneth eot
from I’resilient Junroz a formal approval of a
new treaty, which makes the most valuable
concessions to the United States. This treaty
has been dispatcher to Washington ; amt as
it seems to answer all the demands licretoforo
made upon Mexico, we presume little delay
will transpire before It Is fatly ratified by our
Government. A little examination of the
nrtlrles of this trenty, (as it has been reported
here) shows that, in ease it Is fttllv apreed to.
nnd the compact between tho two nations
flrmlv entered into, the United Stnte" will
have locally acquired the ripht to a military
protectorate over an important portion of
Mexican territory, if not a virtual annexa
tion of the soil itself. The following are
somo of the main concessions that Juarez
has made, in favor of tho United States:
The rieht of wav. In perpetuity, for a rail
road or other communication across tho Isth
mus of Tehuantepec, from ocean to ocean.
The rieht of way. In perpetuity, for a rail
road from some point on the Rio Grande,
across the States of Tnmnnlinas, Coahuiln
and New I.eon, Durhneo and Sinaloa, to the
port of Mnzatlnn, on the Pacific.
The rieht of wav, in perpetuity, for a rail
road from tho Territory of Arizona, across
the Stnte of Sonora to the port of Gnaymns,
bn the Gulf of California.
The rieht to erect warohousos at the tor
mini of all these transit routes, and freely to
navisato the waters with which they commu
nicate.
The rieht to transport eoods nnd merchan
dise, destined for Arizonn or California, or
thence back to the other ports of the United
States, free of duty, by cncli and all of the
routes across the Republic, whatever may be
their description or of what country.
Tlicso articles, as it will bo seen, pive to
Americans tho rieht to traverso Mexico in
nearly every direction, and to transport, at
pleasure, free of duty, such poods as they
may dcsien to carry ncross the country,
designed for Arizona or California. Who
makes these grants, and what is the ability of
the ernntor to eunrnntce their enjoyment?
There’s the difficulty. Juarez, who is tho
Constitutional Presideutof Mexico, nnd who
has been recognized ns such by tho United
States, probably could not at this minute
travel fifty miles beyond the precincts of Vera
Cruz without losinp Ills ears, if not his head.
IIis naked prant, then, to any party, of the
ripht to traverse the “ Republic” from East
to West, and to carry across from border to
border merchandise free of duty, mipht bo
,1_1.. ... --- „r .1.,, I,,,!;,...,....
in it but for a subsequent clause, which is
highly significant. The clause is as follows:
Tim irlit io />nn/./t/1nr1 tn tint ITnitnrl Stnh>a
with or without tho consent mid cooperation
of Mexico, to protect, hv forco of arms if
necessary, all these transit routes, their prop
erty and rights of way.
And, again, the same thing is put more,
peremptorily forward, by the following arti
cle in tho “ supplementary convention :
The right is given to the United States to
intervene, by force of arms if necessary, to
protect citizens and property of the United
States in Mexico, and to force those same
treaty stipulations.
If we look an instant at the inevitable con
sequences of an attempt on the part of the
United States, to secure tho practical enjoy
ment of these important concessions, we will
see that tlie treaty amounts to a virtual put
ting of Mexico under the military protection
of the United States. Let an American mer
chant, for instance, attempt to cross Mexico,
Irom the Rio Grande to the Guaymas, with
goods intended for the contiguous American
country. Before lie hud finished a day’s jour
ney, ho would he stopped by roving bands of
soldiers, professing allegianco to the Church
faction, who would only consider Ills guaran
tees under Juarez as additional incentives to
attack and despoil him. This would make it
apparent that the privileges obtained Tom
Juarez, to be valuable to Americans, must be
vindicated and protected by troops. And
before the right of transit could lie used with
safety by our people, the United Stntes would
havo to take and hold the complete military
possession of tho whole line of country.
This, undoubtedly, is what is contemplated
by both the Liberal President and Mr
McLane.
Possibly the plan has been agroed upon be
tween our Minister and Juarez to arrive, indi
rectly, at what it is impossible for them ill
rectly to effect. Our wisest politicians hav<
long cherished tho idea of acquiring froir
Mexico another slice of her territory on oui
Southern frontier, in order to throw into oui
hands the Gulf of California, with its ports am
advantages necessary for tho future develop
ment of that whole region, wlticb, besides be
' ing rich in agricultural capacity, is studdei
with mines of gold, silver and copper. Tbi
project of buying :he strip of country fron
tho Kio Grande to tho Gulf has been fre
' quontly discussed, aud many were urging th
present as a favorable time to procure tii
concession from Juarez. But there was
i fatal obstacle to the Liberal President makini
i tho grant: his official existence emanate
. from the Constitution of the Republic c
Mexico; for, being the Chief Justice at th
5 happening of a vacancy in the Presidents
chair, he succeeded to the office in pursuunc
3 to the Constitution. It would hardly lie coi
3 Bistent for Juarez, then,to violate the Constiti
. tion; and vet a clause in that instrument fo
f bids the further alienation of Mexican terr
torv. Juarez, therefore, was stopped ftw
’ making a direct sale; nor was tho Lniti
States in a much better position to ask for
putehase. We had recognized Juarez as ti
7 Constitutional President, and given prcfereni
? to his claim because of the superiority ot h
i- legal title to tho office. It did not become i
st to tempt him Into a violation of the Conbi
it ration by offering to buy territory he wi
t forbidden to sell. . , , .
.{. while both parties had their hands in
manner tied, both were desirous, apparentl
i: of striking a trade. Juarez needed mone
t. and our Government desired the strip of ti
id ritory that would throw into our possess!
10 the Gulf of California on the Pacific. I
0- recent treatv seems designed to accommodi
_ the wishes of both without a technical vio
i tion of the Constitution; Juarez does r
grant the territory, but lie grants the right
“ nerpetuitv to bold it by force, independent
rd Mexico, anil enjoy it; and the UnUed Sm
tlr is to pay the needy President $4,(KM),00U
id the privilege. __
3t’ The President and his Labors—The M'a
11 ington Correspondence of the New 1<
Tinaes says: , , ,
st, The fact is, the President labors very mi
each day beyond what his years and lies
iot should be ‘called upon to endure,
la- enters bis office at 8a.m. every morni
on having taken a light breakfast at 71, i
there works steadily at his desk, receiv
visitors, reading letters and writing messu
1 i and orders until 4 o’clock each afternc
except on days when the Cabinet is ca
-o- together for the transaction of special b
in, ness. These Cabinet meetings generally c
ied mence at 1 h. m. and sometimes last for f
lis- or five, and oftentimes six hours, i
on evening again the President has to devote i
erul hours to receiving visitors on public
political business, supervising reports ti
ve the Depaitments, and gulling up any »rr<
jre ages of labor which the day hours may I
i is left unfinished. Never was there a n
ge, laborious man in the same high office
ov- never, one perhaps, whose real and eat
his desire to serve the public interests has i
• so disastrously misconceived. From
office windows, which have just before t
UU the hideous unfinished shaft of the M ast
en' ton monument, Mr. Buchanan looks dow
■in- a country which has become agitated
me point heretofore unknown in its history;
to no one who enters the room, and seet
in President patiently laboring at bis desk, v
in the distance beyond him the inch
token of a nation’s gratitude appeals agi
our popular forgetfulness, but must t
*'? strong and ardent thrill of sympathy foi
iui difficulties, partly self-invoked and partly
on avoidable, which have beset Mr. Buchan
fer administration._
TV . .
Imvmmmmmmmrn*—
tho Departments, and pulling up any nr
ages of labor which tho day hours may
left unfinished. Never was there a i
laborious man in the same high office
never, one perhaps, whose real nnd eai
desire to serve tho public interests has I
«> disastrously misconceived. From
rffleo windows, which havo just heforo t!
he hideous unfinished shaft of the Wash
on monument, Mr. Buchanan looks dowr
country which has becomo agitated I
oint heretofore unknown in its history; i
o one who enters tho room, nnd sees
resilient patiently laboring at his desk, wl
i the distance beyond him the ineho
ken of a nation’s gratitude appeals ngnii
tr popular forgetfulness, but must fee
rang and ardent thrill of sympathy for t
(Acuities, partly self-invoked and partly i.
oidable, which have beset Mr. Buchannr
ministration.
The Florida Resolutions—Wo are indcbti
a friend at Tallahasseo for a copy of tl
solutions on Federal Relations, which hat
ssed the Florida Senate, without dissent:
Resolved by tho Senate nnd House of Re|
lentatives of Florida in General AsscmbI
nvened. That in view of our national a
rs tho time for argument has passed, tli
10 for action arrived; and that Florida, a
o of the Southern States, abides the del
y of her sisters, oxtends her warmest asst
ice of cooperation in any course their un
I wisdom may devise.
Resolved, That in tho event of the eloctioi
the President by a Northern party, oppose
slavery as it exists in the Southern States
,vill bo the duty of the Southern States t
;o some means in common to protec
imselves. As one of the Southern State)
>rlda hereby pledges herself to do her duty
Resolved, That to givoeffeet to this assure
iperation, tho Govornor bo and ho is herd)
thorlzed, upon tho call of any of oui
vcliolding States, and particularly thos
rdering on the free States, to take any an
steps necessary for the mantenaneo c
sir rights, nnd to conveno the Legislator
extraordinary session, should tho necesslt
•nr.
Resolved that the Governor bo requested t
ward a copy of those resolutions to on
presentative and Senators In Congress, an
tho Governors of all the Southern States.
Inauguration of Qov. Houston.—Tho 21i
it., Gen. Houston was inaugurated Gove
r of Texas with more than ordinary pom
dTixcttement. The General seems to Inn
lertain degree of popularity oven anion
i political opponents. Tho Galvcsto
vilian, in commenting on tho event, snvf
Whatever feeling may now divido tho pei
3 of Texas, and whatever may be tho effor
send tho name of Houston down to po
•ity, like that of tho Corsair, “ linked wil
e virtue and a thousand crimes,” tho dn
11 come when peace will forever bo estn
lied between him and his enemies, ar
erlsh-his memory ns that of tho loader
e establishment of a great and prospcroi
ate.
In keeping her army together, without
ilitary chest, without pay or proper su
itonce, and achieving the victory which t
Wished tho independence of the count
om Mexican despotism; in tho organizath
of the government, and procuring its rcco
nition by the great powers of the earth;
husbanding our feohlo resources; repulsii
mob law and personal violence, and insts
ing respect for law nnd constituted authorit
in counseling patience, economy nnd indt
try, ns the best remedies for tho evils sutler
by tho young republic; audio his unifoi
advocacy of the peaceful solution of all i
' litical questions in the State nnd the Unit
’ he has achieved labors and.lnstllled^esso
> that have not fallen useless to the ground
CAUFORSFA "HOTAIR* STORM
'——
An oM resident of California hngfurnf4ied
to The Sun Francisco Herald tho following
account of tho Santa Burbara caloric storm,
of tho 17 th of June last, which was men
tioned at the time:
Tho storm, it was perceptible, came from
tho oast, where extensive fires had been
raging in the mountains, towards tho Tejon,
and tho air of course had become highly
rarefied. It followed rapidly up tho north
west si lo of tho mountains, and appears to
. lmvo violently impinged on a strong current
of north-wo^t wind near the Rancho Ortega,
at the foot of the Cuosta of Santa Yuoz. It
was a purely local phenomenon, and was
confined to a district immediately on the sea
const, extending from the Montecito to Orto
gas farm, n distance of thirty miles in length
by three or four in breadth. Tt lasted for
about four hours and blew n strong ton-knot
bre ozc, during which it was difficult to re
spire comfortably, and in which it would
hnvo been impossible to have preserved ani
mal life, i! it had lasted for mnnv hour*
longer. In its progress it destroyed quite a
large number of fruit trees, nnd injured very
much all other vegetation on tho windward
aide of the current, burning it out of all its
vitality. This is particularly observable on
many fruit trees, whore only ono side of tha
bark nnd trunk w a destroyed, while the op
posite side was very littlo affected. The cat
tle nnd other animals ran around like they
were frantic, and many birds nnd smaller
animals dropped down dead. No one seem*
to have observed the thermometer carefully,
but the beat must have been high enough to
have boiled an egg in n short time. To the
human-sensations, tho air seemed entirely to
hnvo lost its vitality.
This phenomenon may hnvo been caused
by the sudden separation of a mass of hot
air from opposing currents of wind on tha
outer edges of the heated atmospheric masses
superincumbent over tho sceno of tho ex
tensive enmp fires to tho eastward. On tha
principle of the cyclones, or revolving storms,
this separated mass of hot air may hnvo bean
powerfully compressed between the oppos
ing currents, mid n column of highly ealo
rated atmosphere driven over tho country
at ten knot breeze, until the force of com
pression Vicing oxhnusted, its temperature
became reduced so far ns to enable it to re
turn to tho nominal state of tho California
standard of n temperate breathing medium.
At any rate, it was altogether a land wind,
and tho only one of tho kind our friend has
experienced during a residence of over thirty
years in California, nor, as he snys, have any
ot tho Old Country people a reeolloction of
any such phenomena since its first settle
ment by tho Spaniards. His opinion is
that it was a strong current of hot nir,
caused by the tires, sepurntod from tho main
mass nnd violently propelled over tho onrth
by outside winds. Those facts will form an
interesting subject of investigation to tha
Meteorological Society lately established iu
our city.
CONTENTMENT OF THE BLACKS.
--—
The contrast, nt the present moment, be
tween the condition of the free labor of the
North and the slave labor of tho South, If
witnessed bv the whole country, would mod
ify the feedings nnd opinions of the honest
sympathizers with the negro, and disarm
tiiom of their sectional fanaticism.
At tho present moment, instead of lasing
pinched with want, and distressed witli care,
the negro, from the Potomac to the Nueces,
is entranced with enjoyment. Way and
..l.rl.f flu, eon ml mnrfimnnt will if forth
I an plan tin Ion negro quarters, anil tho
■try 11 a nee never ceases. Luxuries that
mill light, up the face of many a Northern
Hirer smoke on tlio well tilled boards of tlio
ves.
Dressed in warm clothing, well fed, to all
ents and purposes free to onjov the highest
insure of which they are capable, the ne
aes of the South present a spectacle that is
thout a parallel in any other country, or
long any other class of population.
Dur poor are nut to he found among the
ick population. They are not, amid tho
iristmas holidays, in fear of distress wur
ats; they uro not left to look upon tho gen
ii jubilee without partaking in tlio oxclto
>nt. For ilio moment labor is thrown
ido, nnd the harvest-home Is chanted by
illions of voices, nnd tens of thousands of
it trip to the the merry music. How the
ick facoof the black grins with satisfaction,
with a "Christmas gift, massa,” hepock
i tho coin that custom makes imperative!
>w tlio voi ;es of this class of our popula
te ring out in every section of the country
th expressions of gladness and feelings of
iod chocr!
Of nil the seasons in the year, the Christ
as shows the light heartedness and the ta
faction ol our black population. Then
ipear evidences of the absence of care and
e presence of contentment. Then the Close
lntion of servant and master appear—the
ipendence, without degradation, of the one,
id the superiority, without indifference to
e happiness of the other, being exhibited
striking relief. Then the attachment of
e black race to the persons and tho fortunes
' their owners, and the careful regard of the
tter for tho comfort of the former, are cou
ilcuous.
Wo would that all Abolitiondom could look
to tho suite of society throughout the South
.•day; could hear the sound of revelry and
.c the beaming smiles; could understand
le reciprocal good feeling which is every
ltero manifested in ail our Southern States,
hen false philanthropy would he stripped of
s borrowed garb, and would, like Satan,
hen touched by the speur ot Ithuriel, Btaud
i all its deformity confessed.
_itN. 0. I'lctyuns, !6ib.
HE NEW FRENCH MINISTER TO THE
UNITED ST A VES.
Honor to Messrs, steward, t'obden. III.
Oorrswondence of The New York Post.
Pun, Decembers, 1800.
The Monlteur, til's morning, announces thu
ppointment of Count Sartigcs as Envoy Ex
raordinary and Minister Plenipotentiary to
he Hague, nnd M. Mercier. late Envoy Ex
raordinary and Minister Plenipotentiary to
he court of Sweden and Norway, as his suc
:essor in the United States. This is regarded
is a promotion of the Count in diplomatic
drcles, ami as such is, of course, very grnti
ying to him, but it is specially gratifying in
lis case, us it brings him noar his estates and
tindred, to sav nothing of Paris, out of
which no Frenchman was ever happy for
iny considerable period of time. It will bo
to him a lipppy coincidence that one of his
most intimate colleagues in Washington will
he his colleague in Holland. Lord Napier
has just entered upon his diplomatic career
as representative of the British Government
at tho Hague.
Mr. Seward has just returned from a rapid
tour through Holland and Belgium, and
leaves in tho Arago on the 13th. By a Bel
gian paper which came to hand this morning,
it would appear that he was the object of
special attentions from the King of the Bel
,rjaiiK lie was presented to the King lit
company with the Prince and Princess of
Prussia,and invited bv the King to dine with
them at his table—a compliment never made
before, that I remember, to any Americua
Senator. The Brussels Journal, in giving an
account of the ceremonies, says: “ M. Se
ward ancien Qouverneur de New York, at un
fits membra les plus influents du Nenat da
rk Eta's Unis." I think It safe to infer from
. t|le unusual hospitality extented to Mr. Se
uh ward by the Emperor of 1 ranee and the
It King of Belgium, to say nothing of other
*e potentates of tlio Old World, that, whatever
k; they may think of European Republicanism,
■nd American Republicanism is not held in low
estimation among them.
The lectures of the College of France and
?"i tlio Sorbonne generally commenced tins
led week. Saint Marc Girard In delivered his
181' opening discourse on the French I octry of
>m' the Seventeenth Century, apropos of Boileau
JU. to dav Ilis room was crammed like a her
at-h “rig box. The crowd extended outside,
eV,’ down one pair of stairs, and as far as ins
‘"d voice wiu audible. Ho is the most popular
lecturer now tilling a chair in the College of
ave Thero was a report about town yesterday
or<J that Douglas was dead, but I could trace it
und, to no authentic source. Probably the report
nC8t originated in some person stating his appre
M'.'l hens ions a little too strongly.
11 8 i understand that a diplomatic dinner is to
*®J" be given to Senator Seward at the Spanish
lngn Legation on Saturday. That looks rather f»
" vorablo tlian otherwise for the Cuban nego
tiations under the next Administration, does
' Mr- Cohden, whose family is spending the
r ‘,® winter in Paris, has been confined to his
chamber for some three weeks with inflam
il" .nation of the lungs. I am happy to sav that
he is recovering, und to-day was well enough
tne for the first time to ride out; but lie will pro
V bably have to leave, as goon ns ne t an »«»«*.
in s for a milder climate, and to content himsfilr
with a moro silent role in the next Farlia
Jted merit than he is accustomed to.
me tainted loy*.— We publish the folio wing
I France.
■'' I Them wns n report about town yesterday
no V I that Douglas wns dead, bnt I could trace it
nest I to no authentic source. Probably tho report
leen I originated in some person stating his apprs
h!‘ I hens ions a little too strongly.
‘ 1 I understand that a diplomatic dinner (s to
I be given to Senator Seward nt the Spanish
| Legation on Saturday. That looks rath Or fa
it n I vorablc than otherwise for tho Cuban nego
” I nations under (lie next Administration, does
h» | it not?
dc I Mr. Oobden, whoso family is spending tho
ite I winter in Paris, has hocti confined to his
|8t I chamber for some three weeks with inflarn
a I mation of the lungs. [ am happy to say time
i.e I he is recovering, and to-day was well enough
n_ I for the first time to rido out; hut he will pro
>s I liably have to leave, as soon ns he can travel,
I for a milder climate, and to content himself
I with a moro silent role in tho next Parlla
d I rnemt than ho is aecustompd to.
e I Painted Toys.—Wo publish the following
c I as n necessary caution to parents nt this sca
I son of holiday gifts :
). I From a Belgian medical journal wo learn
v I that a child about a year old, who appeared
\ I to be in dreadful pnin, nnd had a sort of
I foam nt tho mouth, wns taken to an upothc
4 I eary at Bossu, when it was found that the
. I little creature had been poisoned by sucking
I flic painted face of a doll, in which an ex
. I tract of lead bad been mixed. Hc adminis
I tcrod medicines which saved the child’s life,
i I lint ho properly suggests that toy-makers
I I onght to he prohibited from employing pol
t I sonous substances in painting play-things.
J I "A great tribulation ” line been occasioned
I in liter cry circles in England, by n charge in
’ The Clerical Journal, that tho Rev. Or. Cmn
i mlng wrote tho roviow and puff of his own
, work in The London Times. The Critic calls
I upon tho Doctor to make “ revelations,” nnd
, I relievo himself, if possiblo, from the damng
I I ng accusation.
f The Case of Mrs. Doyle. —A correspondent
s I of Tho Charleston Courier, writing from
r I Chattanooga, Tennessee, vouches for the au
thority of the letter purporting to havo been
5 written bv Mrs. Mahala Doyle to old John
r I Brown, as well ns for tho identity of that
1 place, and says:
Janies P. Doyle removed from this city to
I Kansas, nnd wns there, together with Ids
* I sons, murdered by Brown’s party, ns stated
in those affidavits. After tho bloody deed,
I’ intelligence of the destitution to which Mrs.
e’ Doyle wasTbiTiU’caTwas brought to this place,
e when our citizens ntonce contributed the re
™ qtiislte sum to bear her expenses back to her
• old home. Flic lias been residing hero ever
Bince, and in circumstances of great destltu
9 tlon. She Iins several small children, and
j* her only resource for their support is in the
" scanty wages of hor son John,whoso lilb slio
begged from the murderers, who Is n bov of
J: about eighteen years, employed as the driver
c‘ of a dray for a commission bouse In this city.
is The Kentucky Statesman hears that a box,
directed to John G. Fee, was landed at Cogar’s
a Landing, on the Kentucky river, a few days
b- since; and suspicions being aroused by its
s- great weight, it was opened and found to
7 contain Shnrpo’s rill a.
g. A Revolutionary Thlie.—In digging a gran,
in on Saturday, tlio ‘JUli instant, In the wms
nr tory of tlie Unitarian Church, on Arclidale
11- street, a hayonet was found at the depth of
y ; five feet.
3.’ T'sis church, originally called the S roml
>j I i dependent church, had the wails erected
m before the Revolution, under tilt* care of R sv.
,0. William Tenncnt, and it was use 1 dining ihe
n British occupation of "Charlestown,' foe
barracks. This bayonet is, no doubt, a relld
of that •pupation. tOharlssmr tjourUri