Evansville Daily Journal, Volume 12, Number 107, Evansville, Vanderburgh County, 30 December 1859 — Page 2

EVANSVIL.LE, IND.

FRIDAY MOUSING.. ..DKCEMBKR 30 President's Message. Gentlemen of the. Senate and lloxife of Representative!: Our deep and heartfelt gratitude is due to that Almighty Power which has bestowed upon U3 such varied and numerous blessings throughout the past year. The general health of the country ha3 been excellent; our harvests have been unusully plentiful, and prosperity smiles throughout the land. Indeed, notwithstanding our demerits, we have much Jreason to believe from the past events in our history, that we have enjoyed the special protection of Divine Providence siuce our origin as a nation. We have been exjiosed to many threatening and alarming difficulties in our progress; but on each successive occasion the impending cloud has been dissippatcil at the moment, it appeared ready to burst upon our heud, and the danger to our institutions lias passed away. May we ever be under the Divine guidance and protection ! Whilst it is the duty of the President " from time to time to give to Congress information of the state of the Union," I shall not refer in detail to the recent sad and bloody occurrences at Harper's Ferry. Still, it is proper to observe that these events, however bad and cruel in themselves, derive their chief importance from the apprehension that they are but symptoms of an incurable disease in the public mind, which may break out in still more dangerous outrages, and terminate at last in an open war by the North to abolish slavery in the South. AVhilst, lor myself, I entertain no such apprehension, tbey ought to afford a solemn warning to us all to beware of the approach of danger. Our Union is a stake of such inestimable value as to demand our constant and watchful vigilance for its preservation. In this view, let me implore my countrymen, North and South, to cultivate the ancient feelings of mutual forbearance and good will towards each other, and strive to allay the demon spirit of sectional hatred and strife now alive in the land. Thi3 advice proceeds from the heart of au old public functionary, whose service commenced in the last generation, among the wise and conservative statesmen of that day, now nearly all passed away, and whose first and clearest earthly wish is to leave his country tranquil, prosperous, united, and powerful. We ought to reflect that, in this age, and especially in this country, there is au incessant flux and reflux of public opinion. (Questions which in their day assumed a most threa 8 ling aspect, have now nearly gone from the memory of men. They are " volcanoes burnt out, and on the lava aud ashes and squalid scoria- of old eruptions grow the peaceful olive, the cheering vine, and the sustaining corn." iSuch, in my opinion, will prove to be the fate of the present sectional excitement, should those who wisely seek to apply the remedy, continue always to con line their efforts within the pale of the Constitution. 1 1' this course be pursued, the existing agitation on the 'subject of domestic, slavery, like everything human, will have its day, and give place to other and less tluealning controversies. Public opinion in this country is all powerful, ami when it reaches a dangerous excess upon any question, the good sense of the people will furnish a corrective, and bring it back within safe limits. Still, to hasten this auspicious result., at the present crisis, wo ought to remember that every rational creature must be presumed to intern! the natural consequences of his own teachings. Those who announce abstract doctrines subversive of the Constitution and the Union must not be surprised should their heated partisans advance oue step further, and attempt by violence to carry these doctrines into practical effect. In this view of the subject it ought never to he torgotten that, however great may have been the political advantage resulting from the Union to every portion of our common country, these would all prove to be as nothing should the time ever arrive when they cannot lie enjoyed without serious danger to the sutcly of the people of fifteen members of the confederacy. If the peace of the domestic fireside throughout these States should ever be le invaded if the mothers of families within this extensive region should not be able to retire to rest at night without suffering dreadful apprehensions of what may be their town fate and that of thcij children before the morning it would be vain to recount to such a people the political benefits which result to them from the Union. Self preservation is the first hist a t of nature, and therefore any state of society iu xv hich the sword is ail the time suspended over the heads of the people, must at last become intolerable. But 1 indulge in no ueh gloomy forebodings. Oil the contrary, I believe that the events at Harper's Ferry, by causing the people to pause and retted upon the possible peril to their cherished institutions, will be the means, under Providence, of allaying the existing excitement, and preventing future outbreak of a similar character. They will resolve that the Constitution and the Union shall not lie endangered by rash counsels, knowing that if " the silver cord be loosened or the golden bowl be broken at the fountain," human power could never re-unite the scattered and hostile fragments. I cordially congratulate you upon the final settlement by the Supreme Court of the United States of the question of slavery in the Territories, which had presented an aspect so truly formidable at the commencement of my administration. The right, has been established it every citizen to take his property of any kind, including slaves, into the common Territories belonging equally to all the States of the Confederacy, and to have it protected there under the Federal Constitution. Neither Congress nor a Territorial Legislature, nor any human power, has any authority to annul or impair this vested right. The supreme judicial tribunal of the country, which is a co-ordinate branch of the Government, l as sanctioned and affirmed these principles ot constitutional law, so manifestly just in themselves, and so well calculated to promote peace and harmony aniongjlhe States. It is astriking proof of the sense of justice which is inherent in our people, that the properly in slaves has never been disturbed, to my knowledge, in anp of the Territories. Even throughout the late troubles in Kansas there has not been any attempt, as I am credibly inlbmiid, to interfere in a single instance with the lijtht of the master. Had any such attempt Ik-cm made the judiciary would doubtless have affotded an adequate reiuedy. Should they fail in do this hereafter, it will then be time enough to strengthen their h inds by further legislation. Had it been decided that cither Congress or tinTerritorial legislature possess the power to mum! or impair the right lo pioperty in slave.", the evil would In- intolerable. In the latU-r even', there would lc a struggle tor u nmjoril v of the members of the legislature at. each successive election, and the saered rights of properly held under llie Federal Constitution. :ould. depeaJ for the time

. being on the result. The agitation would j thus be rendered incessant whilst the Territorial condition remained, and its baneful ; influence would keep alive a dangerous exi citement among the people of the several State3. j Thus has the the status of a territory, during the intermediate period from its first ; settlement until it shall become a state, been j irrevocably fixed by the final decision of the j Supreme Court. Fortunate lias this been

for the prosperity of the Territories, as well as the tranquility of the States. Now, emigrants from the north and the south, the east and the west, will meet in the territories on a common platform, having brought with them that species of property best adapted in their own opniion, to promote their w el hire. From natural causes the S'avery question will, in each i a, soon virtually settle itself, and before the territory is prepared for admission as a state into the Union, this decision, one way or the other, will have been n foregone conclusion. Meanwhile the settlement of the new Territory will proceed without serious interruption, and its progress and prosperity will not be endangered or retarded by violent political struggles. When in the progress of events the Inhabitants of any territory shall have reached the number required to form a State, they will then proceed, in a regular manner, and in the exercise of the rights of popular sovereignty, to form a constitution preparatory to admission into the Union After this has been done, to employ the language of the Kansas and Nebraska act, they "shall be received into the Union w ith or without slavery, as their constitution may prescribe at the time of their admission." This sound principle has happily been recognized, in some form or other, by an almost unanimous vote of both houses of the, last Congress. .All lawful means at my command have been employed, and shall continue to be employed, to execute the laws agaiust the African slave trade. Afler a most careful aod rigorous examination of our coasts, aud a thorough investigation of the subject, we have not Wen able, to discover that any slaves have been imported iu to the United States except the cargo by the Wanderer, numbering between three and four hundred. Those engaged in this unlawful enterpiise have been rigorously prosecuted ; but not with a) much success as their crimes have deserved. A number of them are still under prosecution. Our history proves that the Fathers of tho Republic, in advance of all other nations, condemned the African slave trade. It was, notwithstanding, deemed expedient by the framers of tho Constitution to deprive Congress of the power to prohibit "the migration or importation of such persons as any of the States now existing shall think proper to admit," "prior to the year 1808." It will be seen that this restriction on the power of Congress was con lined to such States only as might think proper to admit the importation of slaves. It did not extend to other States, or to the trade carried on abroad. Accordingly, we find that so early as the 22d of March, 17!M, Congress passed an act imposing severe penalties ami punishments upon citizens and residents of the United Stab s who si o.ild engage in this trade between foreign nations. The provisions of this act were extended ami enforced by the act of the loth of May, lam). Again: The States themselves Inula clear right to waive the constitutional privilege intended for their benefit, and to prohibit, by their own laws, this trade at any time they thought proper previous to 1808. Several of them exercised this right before that period, and among them some containing the greatest number of slaves. This gave to Congress the immediate power to net in regard to all such State, because they themselves had removed the constitutional barrier. Congress accordingly passed an net on the 28th day of February, ISO.'i, " to pievent the importation of certain persons into certain States where, by the laws thereof, their admission is prohibited." in this mauncr the importation of African slaves into the United States was to a great extent, prohibited some years in advance of 1808. As the year 1808 approached, Congress determined not to suffer this trade to exist even for a single day after they had the power to abolish it. On the I'd of March, 1807, they passed an act to take effect " from and after the 1st day of January, 1808," prohibiting the importation of African slaves into the United States. This was followed by subsequent acts of a similar character, to which 1 need not specially refer. Such were the principles and such the practice of our ancestors more than fifty years ago, in regard to the African slave trade. It did not occur to the revered patriots who had been delegates lo the convention, aud afterwards became members of Congress, that iu passing these laws, they had violated the Constitution which they had framed with so much care and deliberation. They supjiosed that, to prohibit Coiigm-ss, in express terms, from exercising a specified power before an uppoiuted day, necessarily involved the right to exercise this power after that day had arrived. If this were not the case, the framers of the Constitution had expended much labor iu vain. Had they imagined that Congress would possess no power to prohibit, the trade, either before or nftvr 1 So8, they would not have taken so much care to protect the States against the exercise of this power before that period. Nay, more, they would not have attached such vast importance to this provision as to have excluded it from the wssibility of future repeal or amendment to which other portions of the Constitution were exposed. It would, then, have been wholly unnecessary to engraft on the :tu article of the Constitution, prescribing the mode ot its own future amendment, the proviso that '-no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect" the provision in the Constitution securing to the States the right to admit the importation of African slaves previous to that period. According to tho adverse construction, the clause itself, upon which so much care and discussion had been employed by the memlters of the Convention, was an absolute nullity from the beginning, and all that has since lieeu done under it a mere usurpation. It was well and wise to confer this power on Congress, because, had it leeu left to the Slates, its ellicient exercise would have been impossible. In that event, any one State could have effectually continued the trade, not only I'm itself, but for all the other slave Stales, though never so lunch against their will. And why? 1'ec.iuse A frif-uu slaves, when once brought Within the limits of any oue Slate, iu accordance with its laws, cannot practically be excluded from any other Slate where shivery exists. And even if all the States hail separately passed laws prohibiting the importation ol slaves, these laws would have failed of effect for want of a naval force to capture the sh vers and lo guard the coasts. Such a force mi State can employ in time of peace without ihe consent of Congress. 11 These acts of Congress have it is l-lieved, with very rare ami lusignilicaiil exceptions, accomplished their purpose, For a jiei-ioil of more than half a ccutury there L&? fcea

no perceptible addition to the number of our domestic slaves. - Daring this period their advancement in civilization has tarsurpassel that of any other portion of the Afric.au race. Ths light and the blessings of Christianity have been extended to them, and bjth their moral aud physicial condition has been greatly improved. Re-open the trade, anil it would be difficult to determine whether the effect would be more deleterious on the interests of the master or on those of the native born slave. Of the evils to the master, the one most to be dreaded would be the introduction of wild, heathen, and iguorant barbarians among the sober, orderly, and quiet slaves, whose ancestors have been on the soil for several generations. This might tend to barbarize, demoralize and exasperate the whole mass, and produce most deplorable consequences. The effect upon the existing slave would, if possible, be still more deplorable. At present he is treated with kindness and humanity. He is well fed, well clothed, and not overworked. His condition is incomparably better than that of the coolies, which modern nations of high civilization have employed as a substitute for African slaves. Hoth the philanthropy aud the selfinterest of the master have combined to produce this humane result, lint let this trade be re-opened, and what w ill be the effect ? The same, to a considerable extent, as on neighboring island the only spot now ou earth where the African slave trade it openly tolerated, and this in defiance of solemn treaties with a powera bundantly able at any moment to enforce their exaction. There the master, intent upon present gain, extorts from the slave as much la'ior as his physical powers are capable of enduring knowing that when death comes lo bis relief, his place can be supplied at price reduced to the lowest jaiint by the competition of rival African slave traders. Should this ever he the case in our country which I do not deem possible the present useful character of the domestic institution, wherein those too old and too young to work are provided for with care ami humanity, and those capable of labor are not overtasked, would undergo an unfortunate change. The feeling of reciprocal dependence ami attachment which now exrits between master and slave would be converted into mutual distrust and hostility. but we are obliged, ns a Christian ami moral nation, to consider what would be the effect upon unhappy Africa itself if we

should re-open the slave trade. This would L'lve the trade an impulse and extension which it has never had even in its palmiest days. The numerous victims required to supply it would convert the whole slave coast into a perfect Pandemonium, for which this country would be held responsible in the eves of both lod and man. Its petty tribes would then lie constantly engaged iu predatory wars against each other for the purpose of seizing slaves to supply th American market. All hopes of African civilization would thus be ended. (In the other hand, when a market for African slaves shall no longer be furnished in Cuba, and thus all the world be closed against this trade, we may then indulge a reasonable hope for the gradual improve ment ot Atrica. 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 might then be developed by the hand of industry, and afford subjects lor legitimate foreign and domestic commerce. In this milliner, Chi istianity and civilization may gradually penetrate the existing gloom. The wisdom of the course pursued by this Government towards ( hma has la-en vmdi eateit ly the event. W lulsl we sustained a neutral position iu the war waged by Great Britain aud r ranee against the Chinese empire, our late minister, in obedience to his instructions, judiciously co-operated with the ministers of these powers in all peaceful measures to secure by treaty the just concessions demanded by the interests of foreign commerce. The result is, that satisfactory treaties have been concluded with China by the respective ministers of the United States, Great Britain, France and Russia. Our " treaty or general convention of peace, amity, and commerce," with that empire was concluded at Tientsin, on the 18th of June, 1858, and was ratified by the President, by ami with the udvke and consent of the Senate, ou the 21st of December following. On the 15th of December, 1858, John E. Ward, a distinguished citizen of Georgia, was duly commissioned as envoy extraordinary and minister plenipotentiary to China. lie left the L lilted States tor the place of hia destination on the 5th of February, 1851), bearing with him the ratified copy of this treaty, and arrived at Shanghai ou the 23th of May. From thence he proceeded to Pekin on the ltith of June, but did not arrive in that city until the 27th of July. According to the terms of the treaty, the ratifications were to be exchanged ou or before the 18th of June, 1850. This was rendered impossible by reasons and eveuts beyond his control, not necescary to detail ; but still it is due to the Chinese authorities at Shanghai to state that they alw ivs assured him no advantage should be taken of his delay, and this pledge has been faithfully redeemed. On the arrival of Mr. Ward at Pekin, he requested an audience of the Emperor to present his letters of credence. This he did not obtain, iu consequence of his very proper refusal to submit to the humiliating ceremonies required by the etiquette of this strange people in approaching their sovereign. Nevertheless, the interview s on this question were conducted in the most friendly spirit, and with all due regard to his personal feelings aud the honor of his country. When a presentation to his majesty was found lo bo impossible, Ihe letter of credence from the President was received with peculiar honors by Kweilian, " the Emperor s prime minister and the second man iu the Empire to the Emperor himself." The ratifications of the treaty were afterwards, on the ltJth of August, exchanged in proper form at Pie-tsang. As the exchange did not take place until after the day prescribed by the treaty, it is deemed proper, before its publication, ugaiu to submit it to the Seuale. It is but simple justice to the Chinese authorities to observe,, that, throiigi.out the whole transaction, they appear to have acted in good faith and in a t'rieudly spirit towards the United States. It is true this has been done after their own peculiar fashion; but we ought lo regard with a lenient eye the ancient customs of an empire dating back for thousands of years, so far as this may be consistent with our own national honor. The conduct of our minister ou the occasion has received my entire approbation. In order to carry out the spirit ot' this treaty, and to give it full effect, it became necessary to conclude two supplemental conventions the one for the adjustment and satisfaction of the claims of our citizens, and Hie other to fix the tariff on imports and exports, and to regulate the transit duties and trade of o:ir merchants with China. This duty va satisfactorily performed by t.ur late minister. These conventions bear dale at Shanghai on the Mb of November, 18'jS. Having been considered in Ihe light of binding agreements subsidiary to the

principal treaty, and to be carried into execution without delay, they do not provide for any formal ratification or exchange of ratifications by the contracting parties. i This was not deemed necessary by the Chinese, who are already proceeding in good ; faith :o satisfy the claims ot our citizens, and, j it is hoped, to carry out the other provisions j of the conventions. Still, I thought it was ; proper to submit them to the Sei ate, by i w hich they were ratified on the 3rd of I March, 1859. The ratified copies, however, I did not reach Shanghai until after the depirture of our Minister to Peking, and these conventions could not, therefore, be ex

changed at the same time with the principal treaty. No doubt is entertained that they will be ratified and exchanged by the Chiuese government, should this be thought advisable; but, under the circumstances presented, I shall consider them binding engagements from their date ou both parties, aud cause them to be published as such'for the information aud guidance of our merchants trading with the Chinese empire. It affords me much satisfaction to inform you that all our difficulties with the republic of Paraguay have been satisfactorily adjusted. It happily did not become necessary to employ the force for this purpose w hich Congress had placed at my command under their joint resolution of June 2d, 1858. On the contrary, the President of that Republic, in a friendly spirit, acceded promptly to the just ami reasonable demands of the. United Slates. Our Commissioner arrived at Assumption, the capital of the Republic, on the 25th of January, 1S5'.), and left on the 17th of February, having in three weeks alily uud successfully accomplished ail the objects of his mission. The treaties which he has concluded will lie immediately submitted to the Senate. In the view that the employment of other than peaceful means might have become necessary to obtain "just satisfaction)'"' from Paraguay, a strong naval force was concentrated in the waters of the La Plata, to await contingencies, whilst our commissioner ascended the rivers to Assumption. The Navy Department is entitled to great credit for the promptness, efficiency, and economy with which this expedition was fitted out and conducted. It consisted of nineteen aruK-d vessels, great and small, carrying 200 guns aud 2,500 men, all under the command of the veteran and gallant Shubrick. The entire expenses of the expedition have lieeu defrayed out of the ordinary appropriations for the naval service, except the sum of .S28!,000, applied to the purchase of Seven of the steamers constituting a part of it, under the authority of the naval appropriation act of the 3d of March last. It is believed that these steamers are worth more than their cost, and they are all now usefully and actively employed in the naval service. The appearance of so large a force, fitted out in such a prompt manner, in the far distant waters of the La Plata, and the admirable conduct of the officers and men employed in it, have hail a happy effect in favor of our countrymen throughout all that remote portion of the world. Our relations with the great empires of Russia and France, as well as with all other governments ou the continent of Europe, unless we may except Spain, happily continues to be of the most friendly character. Iu my last. annual message, I presented a statement of the unsatisfactory condition of our relations with Spain ; and 1 regret, to say that this has not materially improved. ithout special reference to other claims. even the " Cuban claims,'' the payment of which has been ably urged by our ministers, and in which more than a hundred of our citizens arc directly interested, remain unsatisfied, notwithstanding both their justice and their aiiioiinl ( 51 28,0."5 5 I had bcun recognized mid ascertained by the Spanish government itself. 1 again recommend that nn appropriation be made " to be paid to the Spanish government for the purpose of distribution among the claimants in the Amistad case." In common with two of my predecessors, I entertain no doubt that this is required by our treaty with Spain, of the 2 7th October, 17i5. The failure lo discharge this obiigalijn has been employed by the cabinet of .Madrid as a reason against the settlement of our claims. I need not repeat the arguments which I urged in my last annual luessage in favor of the acquisition of Cuba by fair purch'ase. My opinions on that measure remain unchanged. I, therefore, again invite the serious attention of Congress to this important subject. Without a recognition of this policy on their part it will be almost impossible to institute negotiations with any reasonable prospects of success. Until a recent period there was a good reason to believe tiiatl should be able to announce to you on the present occasion that our difficulties with (ireat Britain, arising out of the Clayton and Uulwer treaty, had been finally adjusted in a manner alike honorable aud satisfactory to both parties. From causes, however, which the British government had not anticipated, they have not. yet completed treaty arrangements with the republics of Honduras and Nicaragua, in pursuance of the understanding between the two governments. It is, nevertheless, confidently expected that this good work will erelong be accomplished. Whilst indulging the hope that uo other subject remained which could disturb the good understanding between the two countries, the question arising out of t'.ie adverse claims of the parties to the Island of San Juan, umlwr the Oregon treaty of the 15th of June, 1 8 !', suddenly assumed a threatening prominence. In order to prevent unfortunate collisimis on that, remote frontier, the late Secretary of State, on the 17th July, 18S5, addressed a note to Mr. Cramploo, then British Minister, at Washington, commiinicai ing to him a copy of the instruction which he (Mr. Marty) bad given, ou the 14th of July, to Gov. Stevens, of Washington Ten iioiy, having a special reference to au apprehended conflict between our citilens and the liritish subjects on the Island of San Juau. To prevent this the governor was instructed that the officers of the Territory should abstain from all acts on the dispuud grounds, which are calculated to pro oke any Conflicts, so far as it can be done ithout implying the concession to. the authorities of (ireat Britain of an exclusive right over the premises. The title ought to tie stt led before either party should attempt to exclude ihe other by force, or exercise complete and exclusive sovereign rights within the fairiy disputed limits.' In acknowledging Ihe receipt on the next day of Mr. Marcy's note, the British Minis ter expressed his entire concurrence " in the propriety of Ihe course recommended to the governor of Washington Territory by your (Mr. llan vs) instructions to that ofheer, d slating that he had "lost no time in transmitting a copy of that document to the o eriior-geucral of liritish North Ameria," and had " earnestly recommended to his I' Acclli-ncy to lake such measures as to linn may appear best calculated to secure, on the part ot the liritish local authorities, and the inhabitants of the neighborhood of the line in quest ion, the exercise of the same pirit of forbearance which is inculcated bv you (Mr. Many) ou the authorities aud cit izens ot the I niteil States. Mills matters remained upon the faith of this arrangement until the fth of July last,

when Gen. Harney paid a visit to the Island. He found upon it 25 American residents with their families, and also nn establishment of the Hudson's Bay Company for raising sheep. A short time before his arrival, one of these residents had shot an animal belonging to the company, while trespassing upon his premises, lor which, however, he offered to pay twice its value ; but that was refused.. Soon after, the " chief factor of the company at Victoria, Mr. Dalles, son-in-law of Governor Douglass, came to the Island in the British sloop-of-war Sateliite, and threatened to take this American (Mr. Cutler) by sorce to Victoria, to answer for the trespass he had comtnitttd. The American seized his rifle, aud told Mr. Dalles if any such attempt were made, he would kill him on the spot. The affair then ended." Under these circumstances, the American settlers presented a petition lo the General "through the United States iuspector of customs, Mr. Ilubbs, to place a force upon the island to protect them from the Indians, as well as the oppressive interference of the authorities of the Hudson 15ay Company at Victoria, with their rights as American citizens." The General immediately responded to this petition, and ordered Capt. George E. Pickett, nth infantry, " to establish his company ou Bellevue or San Juan Island, on some suitablo jiosilion near the harbor at the south-eastern extremity." This order was promptly oU-yed, aud a military post was established at the place designated. The force was afterwards increased, so that by the last return the whole number of troops then on the island amounted iu the aggregate to C'Jl uit-n.

While 1 do not deem it proper on tin present occasion to go further into the sub ject, and discuss the weight which should be attached to the statements of theBrilish colonial authorities, contesting the accuracy of the information on which the gallant tienerat acted, it was due to him that I should thus present his own reasons for issuing the order to Captain Pickett. From these it is quite clear his object was to prevent the liritish authorities on Vancouver's Island Irom exercising jurisdiction over American residents on the Island of San Juan, as well as to protect them against the incursions of the Indians. Much excitement prevailed for some time throughout that region, and serious danger ol collision between me parties was appre hended. 1 lie liritish had a large naval force iu the vicinity, aud it is but au act of siinpl" justp-e to the admiral onthat station, to slate that he wisely ami discreetly forbore to commit any hostile act, but determined to refer the whole affair to his government, and await their instructions. This asH-ct of the matter, iu my opinion, demanded serious attention. It w ould have I it-en a great calamity for both nations, had they lieeu precipitated into acts of hostility, not on, the question of title to the Island, but merely concerning what, should be its condition during the intervening period, whilst the two governments might be em ployed in settling the question to which of them it lielongs. r or this reason, Lieuten ant General Scott was dispatched on the 17th ol September last, to Washington ter ritory, to take immediate command of the United Slates forces on the Pacific coast, should he deem this netessary. The main object of his mission was to carry out the spirit of the precautionary arrangement between the late Secretary of State and the liritish minister, and thus to preserve the (M-ace and prevent collision let ween the liritish and American authorities pending the negotiations between the two govern ments. Entertaining no doubt of the validity of our title, I need scarcely add that, in any event, American citizens were to be placed on a footing at least as favor.ihle as that of British subjects, it being understood that Capt. Pickett's company should remain on the island. 1 1 is proper to observe that, considering the distance from the scene of action, and in ignorance of what might have transpired on the spot before the General's arrival, it was necessary to leave much to his discretion, and I am happy to state the event has proven that this discretion could not have been intrusted to more competent hands. General Scott has recently returned from his mission, having successfully accomplished its objects, aud thdja is no longer any good reasou to npprtlnd a collision bet ween the forces of the two countries during the pendency of the existing negotiations. I regret to inform you that there has been no improvement in the affairs of Mexico since my hist annual message, and I am again obliged to ask the earnest attention of Congress to the unhappy condition of the Republic. The constituent Congress of Mexico, which adjourned on the 17th of February, 1857, adopted a constitution, aud provided for a popular election. This took place iu the following July, 1857 and Gen. Comonfort was chosen President almost without opposition. At the same election a new Congress was chosen, whose first session commenced on the lClh of September 1857. By the constitution of 1857, the presidential term was to begin on the 1st of December 1857, and continue for four years. Uu that day tun. Comouloit ap peared before the assembled l ougress in the city of Mexico, took oath to support the new constitution, aud was duly inaugurated as President. Within a month afterwards he had lieeu driven from the capital, and a military rebellion had assigned the Supreme power of the Republic to Gen. Xuloagu. The constitution provided that iu the absence of the President his office should devolve 11(1011 the Chief Justice of the Supreme Court, and. Gen. Couiotifort having left the country, this functionary General Juarez, proceeded to form, at Guanajuato, a const i t ill ional go vein men I . Before this was officially known, how ever, at the capital, me government ol ,ulouga had been recognised by the eutire diplomatic corps, including the minister of the United States, as the de faclv government of Mexico. The conttituiioual Presi dent, nevertheless, maintained his position with firmness, and was soon established with his cabinet at Vera Ci nz. Meanw hile the government of Zuloaga was earnestly resisted in many pails of the Republic and even in the capital, a portion of Ihe army having pronounced against it, its fum-lioiis ere declared terminated, rind an assembly of citizens was invited for the clinic e of a new President. This assembly elected Gen. Mirauioii, but that ollieer repudiated the plan under which he was chosen, and Zuloaga was ihusjieslored to his previous position. He assumed it, however, only to withdraw from it, am! Mirauioii, having be come, by ins appointment, ' i'resident Substitute," continues, with thai title, at the head of the insurgent party. In my hist annual message, I communicated to" Congress the circumstances under which the late Minister ol the United States suspended his ofiical relations with the ( A-n-tralt lovernnienl and w illidrew l'iom the country. It was impossible lo maintain friendly intercourse w ith a government, like that at the capital, under w hose usurped authority wrongs were constantly committed, but never redressed. Had this lieeu an established government, with 1st wer extending, by the consent of the people, over the whole of Mexico, a resort to hostilities

against it would have been quite justifiable, and indeed necessary.- But the country was a prey to civil war, and it was hoped that the success of-the constitutional Presideut might lead to a condition of hings less injurious to the United States. This success became so probable that, in January last, I employed a reliable agent to visit Mexico, and report to me the actual condition and prospects of the contending parlies. In consequence of his report, and from information which reached me from other sources, favorable to the prospects of the constitutional cause, I felt justified in appointing a uev minister to Mexico, who might embrace the earliest opportunity of restoring; our diplomatic relations with that republic. For this purpose a distinguished citizen -of Maryland was selected, who proceeded on his mission ou the 8th of March last, with discretionary authority to recognize the government of President Juarez, if, ou his arrival in Mexico, he should find it entitled lo such recognition, according to the established practice of the United States. On the 7th of April following Mr. McLnue presented his credentials to President Juarez, having no hesitation in pronouncing the government of Juarez to be the only existing government of the Republic. lie was cordially received by the authorities at Vera Cruz, and they have ever since manilested the most friendly disjiositiou towards the United States. Unhappily, however, the Constitutional Government has not Ik-cu able to establish its power over the whole Republic. It is supported by a large majority of the people and the Slates, but there are important parts of the country where it can enforce no obedience. Mirainon maiutaiiis himself at tthu capital ; and in some of the distant provinces there are military 'governors who pay iittle respect to the decrees of either Government. In the mean time the excesses which always attend upon civil war, especially iu .Mexico, are constantly recurring. Outrages of the worst description are oiniuil led both upon persons aild property. There is scarcly any form of injury whi. h has not been sultercd by our ciliens iu Mexico, during the l.i:t few years. We have lieeu nouiiuaih at peace with that Republic, but '-so far as the interests of our commerce or of our citizens who have visited the coiiulry as hick hauls, shipmasters, or in oilier capacities, are concerned, we might ns well have been at war." Life has been insecure, properly unprotected, and trade impossible, except at a risk of loss which prudent luen cannot he expected to incur. Important contracts, involving large expenditures, entered into by the Central Government, have been set at defiance by the local Governments. Peaceful American residents, occupying their rightful possessions, have been suddenly expelled the country, in defiance of treaties, and by the mere force of arbitrary power. Even the course of justice has not been safe from control, and a recent decree of Miranuin permits the intervention of Government in all suits where either parly is a foreigner. Vessels of the United Slates have been seized without law. and a consular officer who protested against such seizure has been fined and imprisoned for disrespect to the authorities. Military contribution have been levied in violation of every principle of right, and the American who resisted the lawless demand has had his property forcibly taken away, and has In-en himself banished. From a conllict of authority in different parts of Ihe country, tariff duties which have been paid in one place have been exacted over again in another place. Large numbers of our citizens have lieen arrested and imprisoned without any form of examination, or any opportunity for a hearing, and even wheu released, have only obtained their liberty after much suffering and injury, and without any hope of redress. The w holesale massacre of Crabbe uud hi; associates, without trial, in Souora, ns well ns the seizure and murder of four sick Americans, who had taken shelter in the house of an American, upon the soil of the United States, was communicated to Congress nt its last session. Murders of a still more

atrocious character have been committed iu the very heart of Mexico, under the authorty of MiramonV government, during the present year. Sonic- of these were only worthy of a barbarous uge, and if they had not been clearly proven, would have seemed impossible in a country which claims to be civilized. Ot this description was the brutal massacre in April hist, by order of Gen. Marque., of three American physicians, who were seized iu the hospital of Tacuhaya, while attending upon the sick and dying of both parties, and without trial, as without crime, were hurried away to speedy execu tion. Little less shocking was the recent fate of Ormoud Chase, who was shot in To pic, on the 7lh of August, by order of the same .Mexican Wcueral, not only without tria', but without any conjecture by his friends ol the cause ot arrest. He is repre sented as a young man of good character and intelligence, who hud made numerous friends in Tepiu by the courage aud human ity which he had displayed on several trying occasions, and his death was as unexpected is it was shocking to the w hole communi ty. Other outrages might lie enumerated, but these are sufficient to ill.-trate the wretched statu of the country and the unprotected condition of the persons and property of our citizens in Mexico. In all these cases, our ministers have been constant and faithful iu their demands for redress, but both they and this Government, w hich I hey have successfully represented, have been w holly powerless to make their demands effective. Their testimony in this resect, and in reference lo the only remedy which, iu their judgments, would meet Ihe exigency, bos been both uniform and emphatic. ' Nothing 'nit a manitctaliou of the power of the Government of the United Stales, ( wrote our late minister in Is.jO), and ol lis purpose to punish these w rongs will avail. I assure you that the universal belief here is, that there is nothing to be apprehended from the ( int ernment of the United Slates, and that local Mexican officials can commit these outrages upon American citizens with absolute impunity." " I hope the President," ( rote our present minister iu August la-1 ), "will feel aiithoiized to ask from Congress the low er lo enter Mexico w ith the military ton es of the United States, at thecal! of the constitutional authorities, in order lo protect the citizens and the treaty-rights of Ihe United States. Unless such a xtwcr is conferred upon him, neither the one nor the other will be respected iu Ihe existing slate of aiiari hv and disorder, and the outrages already perpetrated will never be ch.isl iscd ; and, in I assured you iu my No. 23, all these evils nuist, increase until every vestige of order and government iiisapH-ars from the country.' 1 have been reluctantly led to the same opinion, and in justice to my country men who nave suffered wrongs Irom Mexico, and who may still sillier them, I feel bound to announce this conclusion lo Congress. The case presented, how ever, is not merely a case of individual claims, although our just claims against Mexico have reached a very large amount. Nor is it. mereiy the case of protection l; the lives and pri jierty of the few Americans who may still r main iu Mexh o, although the lite and property of every Auit-iicau citizen ought to be sacred

ly protected in every quarter of the world. But it is a question which relates to th future as well as to the present and the past, and which involves, iudirectly at least, tho whole subject of our duty to Mexico as a neighboring State. The exercise of the power of the United States in that country to redress the wrongs and protect the rights of our citizens is none the less to be desired, because efficient and necessary aid may thus be rendered at the same time to restore peace and order to Mexico itself. In the accomplishment of this result the people of the United States must necessarily feel a deep and earnest interest. Mexico ought to be a rich and prosperous and powerful republic. She possesses an extensive territory, a fertile soil, and au incalculable store of mineral wealth. She occupies nu important position lictw cen the gulf and the ocean for transit routes and for commerce. Is it possible that such a country as this can be given up to anarchy aud ruiu without an effort from any quarter for its rescue and its safety ? Will the commercial nations of the world, which have so many interests connected with it, remain wholly indifferent to such a result? Can the United Slates, especially, which ought to share most largely in its commercial intercourse, allow their immediate neighbor thus to destroy itself and injure them? Yet, without support from some quarter, it is impossible to perceive how Mexico ran resume her position among nations and enter upon a career which promises any good results The aid which she requires, and which the interests of all commercial countries require that she should have, it lielougs to this government to render, not only by virtue of our neighUirhood to Mexico, along whose t-'rri lory we have a continuous frontier of nearly a thousand miles, but by virture, also, of our established policy, which is inconsistent with Ihe intervention of any European power iu the domestic concerns of that Republic. The wrongs w hich we have suffered from Mexico are before the world, and must deeply impress every American citizen. A government hi-h is either unable or unwilling to redress such w rongs, is derelict lo its highest duUe;. The difficulty conwisU in seh-cliiig and enforcing the remedy. We may iu vain apply :o the constitutional Government at era Cruz, although it is well disposed to i!o us justice, for adequate redress. While its authority is ack now (edged in all the important, ports and throughout the sea coasts of the republic, its (tower dots not extend lo the city of Mexico and the Slates in ils vicinily, w licre nearly all the recent outrages have been committed on American citizens. We must penetrate into the interior before we can u-.ich the offenders, .-'ml this can only ! done by passing through the territory in the occupation of the constitutional government. The most acceptable and least, dilliciilt ill' id e of accomplishing tho object will be to net in concert with that government. Their consent and their aid might, I lielieve, lie obtained ; but if not, our obligation to protect our own citizens in (heir just rights, secured by treaty, would not. be the less imperative. For these reasons I recommend to Congress to pass a law authorizing the President, under such conditions as thev may deem expedient, lo employ ft sufficient military force to enter Mexico for the purpose of obtaining indemnity for the past and security lor the future. 1 purposely refrain from nuy suggestion as to whether this force shall consist of regular troops or volunteers, or both. This question may be most appropriately left to the decision of Congress. 1 would merely observe that, should Volunteers be selected, such a force could be easily raised in this country among those w ho sympathise with tho Sufferings of our unfortunate fellow-citizens in Mexico, and with the uuhappy condition of that republic. Such au accession to the forces of the constitutional government would enable it soon to reach the city of Mexico and extend its power over the whole republic. In that event there is no reason to doubt that the just claims of our citizens would be satisfied and adequate redress obtained 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 preliminary 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 domestic concerns of foreign nations. But docs 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 upon her borders, or to prevent the incursions of band ditti into our territory. In her fate and iu her fortune in her jtowcr to establish and maintain a settled government we have ft far deeper inl.ercijt, socially, commercially, . aud politically, than any other nation. Sheis now a wreck upon the ocean, drifting about as she is impelled by different factions. As a good neighlior, shall we not extend a helping hand lo save her? If we do not, it would not le surprising should soiuw other nation undertake iLu task, and thus force us to interfere at last, under circumstances of iiicreii.'pd diflivully, for the niain-t'-iiance of our established policy. I repeat the recommendation contained in my lasl annual message that authority may b - given to the President to establish one or more temporary military posts across the Mexican line iu Souora and Chihuahua, where these may be necessary to protect the lives and properly of American and Mexican citizens against the incursions Slid dep redations ot the Indians, as well as of lawless rovers in that remote region. The establishment of one such post at a point Called Arispe. in Souora, in a country uow almost deHipulaled by the hostile inroads of the Indians from our side oftbe line would, it is bulieied, lime prevented much injury and in my cruel! ies during the past season. A state of law Ics.ucss and violence prevails ou Ihal distant frontier. Life and property there me w boll y insecui e. The population of Arizoni.t, now numbering more than tenthousand sold.-, are practically destitute of govei in. lent, of laws, or of any regular admiu'stratioii of justice. Murder, rapine and other crimes ar- committed w;ith impunity. 1, there-tore, again fall the attention of Congress to the necessity for establishing a territorial govci '.iiieiil. over Arizonia. The treaty .villi Nicaragua of the lb'th February, ls.17, to u hich 1 re fir red in my la.-t annual message, failed to receive the ratification of the government of that republic, for reasons w hich I need not enumerate. A similar treaty has U-c-.i tince concluded between the parlies heaving date on the I'dh March, ls.V.i, which lias alreadv lieen rati lied by ihe N icaragiian Congress. This will be immediately submitted to the Senate lor their ratification. Its provisions cannot, I think, fiiil to be acceptable to the people of Iioth countries. Our claims against Ihe government of Costa Rica rind Nicaragua remain unredressed, though they are pressed iu an earnest manner, and not wilhoi:'. hopes of success. I deem it to Ik- my duty once more earnestly Ki recommend lo Congress Ihe passage of a law authorising the President to employ tin- naval lorce at his command for the y purpose of protecting the lives and property