E 427 Us BANCROFT LIBRARY < THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA Xt. cU~ f, I ? o - .t e 5z ^ PRESIDENT'S MESSAGE. Fellow- citizens of the Senate and of the House of Representatives; I congratulate you and our common constituency upon the favorable auspices under which you meet for your first session. Our country is at peace with all the world. The agitation which, for a time, threatened to disturb the fraternal relations which make us one people, is fas: subsiding; and a yrar of general prosperity and health has crowned the nation with unusual blessing*). None can look back to the dangers which are passed, or forward to the bright pros- pect before us, without feeling a thrill of gratification, at the same lime that he must be impress- ed with a grateful sense of our profound^obligations to a beneficent Providence, whose paterna care is so manifest in the happiness of this highly-favored land. Since the close of the last Congress, certain Cubans and other foreigners resident in the United States, who were more or less concerned in the previous invasion of Cuba, instead of being dis- couraged by its failure, have again abused the hospitality of this country, by making it the scene of the equipment of another military expedition against that possession of her Catholic Majesty, in which they were countenanced, aided, and joined by citizens of the United States. On receiving intelligence that such designs were entertained, I lost no time in issuing such in- structions to the proper officers of the United States as seemed to be called for by the occasion. By the proclamation, a copy of which is herewith submitted, I also warned those who might be in danger of being inveigled into this scheme, of its unlawful character, and of the penalties which they would incur. For some time there was reason to hope that these measures had sufficed to prevent any s^uch attempt. This hope, however,' proved to be delusive. Very early in the morning of the third of August, a steamer called the Pampero departed from New Orleans for Cuba, having on board upwards of four hundred armed men, with evident intentions to make war upon the authorities of the island. This expedition was set on foot in palpable violation of the laws of the United States. Its leader was a Spaniard, and several of the chief officers, and some others engaged in it, were foreigners. The persons composing it, however, were mostly citizens of the United States. Before the expedition set out, and probably before it was organized, a slight insurrectionary movement, which appears to have been soon suppressed, had taken place in the eastern quarter of Cuba. The importance of this movement was unfortunately so much exaggerated in the ac- counts of it published in this country, that these adventurers seem to have been led to believe that the Creole population of the island not only desired to throw off the authority of the mother country, but had resolved upon that step, and had begun a well-concerted enterprise for effect- ing it. The persons engaged in the expedition were generally young and ill-informed. The steamer in which they embarked left New Orleans stealthily and without a clearance. After touching at Key West, she proceeded to the coast of Cuba, and, on the night between the llt& and 12th of August, landed the persons on board at Playtas, within about twenty leagues of Havana. The main body of them proceeded to, and took possession of, an inland village six leagues distant, leaving others to follow in charge of the baggage, as soon as the means of transportation could be obtained. The latter, having taken up their line of march to connect themselves whh the main body, and having proceeded about four leagues into the country, were attacked on the morning of the 13th by a body of Spanish troops, and a bloody conflict ensued; after which they retreated to the place of disembarcation, where about fifty of them obtained boats and re- embarked therein. They were, however, intercepted among the keys near the shore by a Span- ish steamer cruising on "the coast, captured, and carried to Havana, and, after being examined before a military court, were sentenced to be publicly executed, and the sentence was carried into effect on the 16th of August. On receiving information of what had occurred, Commodore Foxhall A. Parker waa in- structed to proceed in the steam-frigate Saranac to Havana, and inquire into the charges agains the persons executed, the circumstances under which they were taken, and whatsoever refer- red to their trial and sentence. Copies of the instructions from the Department of State to him, and of his letters to that Department, are herewith submitted. According to the record of the examination, the prisoners all admitted the offences charged against them, of being hostile invaders of the island. At ih* time of their trial and executi 2 the main body of the invaders were still in the field, making war upon the Spanish authori<- lies and Spanish subjects. After the lapse of some days, being overcome by the Spanish troops, they dispersed on the 24th of August; Lopez, their leader, was captured some days after, and execuied on the 1st of September. Many of his remaining followers were killed, or died of hunger and fatigue, and the rest were made prisoners. Of these, none appear to have been tried or executed. Several of them were pardoned upon application of their friends and others, and the rest, about one hundred and sixty in number, were sent to Spain. Of the final disposition made of these we have no official information. Such is the melancholy result of this illegal and ill-fated expedition. Thus, thoughtless young men have been induced, by false and fraudulent representations, to violate' the law of their country, through rash and unfounded expectations of assisting to accomplish political revolutions in other States, and have lost their lives in the undertaking. Too severe a judg- ment can hardly be passed, by the indignant sense of the community, upon those who, being better informed themselves, have yet led away the ardor of youth and an ill-directed love of po- litical liberty. The correspondence between this Government and that of Spain relating to this transaction is herewith communicated. Although these offenders against the laws have forfeited the protection of their country, ye the Government may, so far as is consistent with its obligations to other countries, and its fixed purpose to maintain and enforce the laws, entertain sympathy for their unoffending fami- lies and friends, as well as a feeling of compassion for themselves. Accordingly no proper effort has been spared, and none will be spared, to procure the release of such citizens of the United States, engaged in this unlawful enterprise, as are now in confinement in Spain; but it is to be hoped that such interposition with the Government of that country may not be considered as affording any ground of expectation that the Government of the United States will, here- after, feel itself under any obligation of duty to interfere for the liberation or pardon of such persons as are flagrant offenders against the law of nations and the laws of the United States. Those laws must be executed. If we desire to maintain our respectability among the nations of the earth, it behoves us to enforce steadily and sternly the Neutrality acts passed by Con- gress, and to follow, as far as may be, the violation of those acts with condign punishment. But what gives a peculiar criminality to this invasion of Cuba is, that, under the lead of Spanish subjects and with the aid of citizens of the United States, it had its origin, with many, in motives of cupidity. Money was advanced by individuals, probably in considerable amounts, to purchase Cuban bonds, as they have been called, issued by Lopez, sold, doubt- less, at a very large discount, and for the payment of which the public lands and public pro- perty of Cuba, of whatever kind, and the fi.scal resources of the people and government of that inland, from v/liatever source to be derived, were pledged, as well as the good faith of the gov- ernment expected to be established. All these means of payment, it is evident, were only to be obtained by a process of bloodshed, war, and revolution. None will deny that those wiio set on foot military expeditions against foreign States by means like these, are far more culpable than the ignorant and the necessitous whom they induce to go forth as the ostensibh? 1 . parties in the proceeding. These originators of the invasion of Cuba seem to have determined, with coolness and system, upon an undertaking which should disgrace their country, violate its laws, and put to hazard the lives of ill-informed and deluded men. You will consider whether farther legislation be necessary to prevent the perpetration of such offences in future. No individuals have a right to hazard the peace of the country, or to violate its laws, upon vague notions of altering or reforming (governments in oilier States. This principle is not only reasonable in itself, and in accordance with public law, but is engrafted into the codes of other nations as well as our own. But while such are the sentiments of this Government, it may be added that every independent nation must be presumed to be able to defend its possessions against unauthorized individuals banded together to attack them. The Government of the United States, at all times since its establishment, has abstained, and has sought to restrain the citizens of the country, from entering into controversies between other Powers, and to observe all the duties of neutrality. At an early period of the Government in the ad- ministration of Washington several laws were passed lor this purpose. The main provisions of these laws were re-enacted by the act of April, 1818, by which, amongst other things, it was declared that if any person shall, within the territory or juiisdiction of the United States, begin, or set on foot, or provide, or prepare the means for any military expedition or enterprise to be Carried on from thence against the territory or dominion of any foreign prince or State, or of any colony, district, or people with whom the United States are at peace, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years ; and this law has been executed and enforced, to the full extent of the powf.r of the Government, from that day to this. In proclaiming and adhering to the doctrine of neutrality and non-intervention the United States have not followed the lead of other civilized nations; they have taken the lead them- selves, and have been followed by others. This was admitted by one of the most eminent of modern British statesmen, who said in Parliament, while a minister of the Crown, " that if he wished for a guide in a system of neutrality he should take that laid down by America in the Onye of Washington and the secretaryship of Jefferson;" and we see, in fact, that the act jf Congress of 1816 was followed the succeeding year by an act of the Parliament of England, substantially the same in its general provisions. Up to that time there had been no similar law in England, except certain highly penal statutes passed in the reign of George II, prohibiting English subjects from enlisting in foreign service, the avowed object of which statutes was, that foreign armies, raised for the surpose of restoring the house of Stuart to the throne, should not be strengthened by recruits from England herself. All must see that difficulties may arise in carrying the laws referred to into execution in a country now having three or four thousand miles of seacoast, with an infinite number of ports and harbors and small inlets, from some of which unlawful expeditions may suddenly set forth, without the knowledge of Government, against the possessions of foreign States. Friendly relations with all, but entangling alliances with none, has long been a maxim with us. Our true mission is not to propagate onr opinions, or impose upon other countries our form of government, by artifice or force ; but to teach by example, and show by our success moderation, and justice, the blessings of self-government and the advantages of free institutions. Let every people choose for itself, and make and alter its political institutions to suit its own condition and convenience. But, while we avow and maintain this neutral policy ourselves, we are anxious to see the same forbearance on the part of other nations, whose forms of gov- ernment are different from our own. The deep interest which we feel in the spread of liberal principles and the establishment of free governments, and the sympathy with which we wit- ness every struggle against oppression, forbid that we should be indifferent to those in which the strong arm of a foreign power is invoked to stifle public sentiment, and repress the spirit of freedom in any country. The Government of Great Britain and France have issued orders to their naval commanders on the West India station to prevent by force, if necessary, the landing of adventurers from any nation on the island of Cuba with hostile intent. The copy of a memorandum of a conversation on this subject between the Charge d'Affaires of her Britannic Majesty and the Acting Secretary of State, and of a subsequent note of the former to the Department of State, are herewith submitted, together with a copy of a note of the Acting Secretary of State to the Minister of the French Republic, and of the reply of the latter, on the same subject. These papers will acquaint you with the grounds of this interposition of the two leading commercial Powers of Europe, and with the apprehensions, which this Government could not fail to entertain, that such interposi- tion, if carried into effect, might lead to abuses in derogation of the maritime rights of the United States. The maritime rights of the United States are founded on a firm, secure, and well-defined basis ; they stand upon the ground of national independence and public law, and will be maintained in all their full and just extent. The principle which this Government has heretofore solemnly announced it still adheres to, and will maintain under all circumstances and at all hazards. That principle is, that in every regularly documented merchant vessel, the crew who navigate it, and those on board of it, will find their protection in the flag which is over them. No American ship can be allowed to be visited or searched for the purpose of ascertaining the character of individuals on board, nor can there be allowed any watch by the vessels of any foreign nation over American vessels on the coasts of the United States, or the seas adjacent thereto. It will be seen by the last com- munication from the Britisii Charge d'Affaires te the Department of State, that he is authorized to assure the Secretary of State that every care will be taken that, in executing the preventive/ measures against the expeditions, which the United States Governmeat itself has denounced at not being entitled to the protection of any government, no interference shall take place with the lawful commerce of any nation. In addition to the correspondence on 'his subject, herewith submitted, official mformati has been received at the Department of State, of assurances by the French Government that, in the orders given to the French naval forces, they were expressly instructed, in any operations they might engage in, to respect the flag of the United States, wherever it might appear, and i commit no act ot hostility upon any vessel or armament under its protection. Ministers and consuls of foreign nations^ire the means and agents of communication 6e- tween us and those nations, and it is of the utmost importance that, while residing in the country, they should feei a perfect security so long as they faithfully discharge their respective duties^ and are guilty of no violation of our laws. This is the admitted law of nations, anA no country has a deeper interest in maintaining it than the United States. Our commerce spread? over every sea, and visits every clime, and our ministers and consuls are appointed to piourcf the interests of that commerce, as well as to guard the peace of the country, and maintain, v honor of its flag. But how can they discharge these duties unless they be themselves protecteo, and, if protected, it must be by the laws of the country in which they reside. And what is due to our own public functionaries residing in foreign . nations is exactly the measure of what is due to the functionaries of other Governments residing here. As in war, the bearers offlagb of truce are sacred, or else wars would be interminable, so in peace, embassadors, publicmm- isters, and consuls, charged with friendly national intercourse, are objects of especial respect and protection, each according to the rights belonging to his rank and station. In view of these important principles, it is with deep mortification and regret I announce to you that, during the excitement growing out of the executions at Havana, the office of her GathoH* Maj esty'e censul at New Orleans was assailed by a mob, his property destroyed, the Spanish flag found in the office carried off' and torn in pieces, and he himself induced to flee for his personal safety, which he supposed to be in danger. On receiving intelligence of these events, I forth- with directed the attorney of the United State?, residing at New Orleans, to inquire into the facts, and the extent of the pecuniary loss sustained by the cpnsul, with the intention of laying them before you, that you might make provision for such indemnity to him as a just regard for the honor of the nation and the respect which is due to a friendly power, might, in your judg- ment, seem to require. The correspondence upon this subject between the Secretary of State and her Catholic Majesty's minister plenipotentiary is herewith transmuted. The occurrence at New Orleans has led me to give my attention to the state of our laws in regard to foreign embassadors, ministers, and consuls. 1 think the legislation of the country is deficient in not providing sufficiently either for the protection or the punishment of consuls. I therefore recommend the subject to the consideration of Congress. Your attention is again invited to the question of reciprocal trade between the United States and Canada and other British possessions near our frontier. Overtures for a convention upon this subject have been received from her Britannic Majesty's Minister Plenipotentiary, but it seems to be in many respects preferable that the matter should be regulated by reciprocal legis- lation. Documents are laid before you, showing the terms which the British Government is willing to offer, and. the measures which it may adopt, if some arrangement upon this subject shall not be matfe. From the accompanying copy of a note from the British legation at Washington, and the reply of the Department of State thereto, it will appear that her Britannic Majesty's Govern- ment is desirous that a part of the boundary line between Oregon and the .British possessions should be authoritatively marked out, and that an intention was expressed to apply to Con- gress for an appropriat on to defray the expense thereof on the part of the United States. Your attention to this subject is accordingly invited, and a proper appropriation recommended. A convention for the adjustment of claims of citizens of the United States against Portugal has been concluded, and the ratifications have been exchanged. The first instalment of the amount to be paid by Portugal fell due on the 30th of September last, and has been paid. The President of the French Republic, according to the provisions of the convention, has been selected as arbiter in the case of the General Armstrong, and has signified that he accepts the trust, and the high satisfaction he feels in acting as the common friend of two nations with which France is united by sentiments of sincere and lasting amity. The Turkish Government has expressed its thanks for the kind reception given to the Sul- tan'sagent, Amin Bey, on the occasion of his recent visit to the United States. On the 23th of February last, a despatch svas addressed by the Secretary of State to Mr. Marsh, the Amer- ican minister at Constantinople, instructing him to ask of the Turkish government permission for the Hungarians, then imprisoned w thin the dominions of the Sublime Porte, to remove to this country. On the 3d of March last, both Houses of Congress passed a resolution request- ing the President to authorize the employment of a public vessel t convey to this country Louis Kossuth and his associates in captivity. The instruction above referred to was complied with, and the Turkish government having released Governor Kossuth and his companions from prison, on the 10th of September last they embarked on board of the United States? steam-frigate Mississippi, which was selected to carry into effect the resolution of Congress Governor Kossuth left the Mississippi at Gibraltar, for the purpose of making a visit to England, and may shortly be expected in New York. By -ommunications to the Department of State he has expressed his grateful acknowledgments for he interposition of this Government in behalf of himself and his associates. This country has een justly regarded as a safe asylum for those whom political events have exiled from their ovn homes in Europe ; and it is recommended to Congress to consider in what manner Gov- 1 Kossuth and his companions, brought hither by its authority, shall be received and .tig earnestly to be hoped that the difference's "which have for some time past been pend- ing between the Government of the French Republic and that of the Sandwich Islands, may be peateably and durably adjusted, so as to secure the independence of those islands. Long be- lorethe event* which have of late imparted so much importance to the possessions of the United bUUs on the Pacific, we acknowledged the independence of che Hawaiian government. This IxGvwnment was first in taking that step, and several of the leading powers of Europe immedi- iteiy followed. We were influenced in this measure by the existing and prospective importance t>ie islands as a place of refuge and refreshment for our vessels engaged in the whale fishery, d by the consideration that they lie in the course of the great trade which must, at no distant day, be earned on between the western coast of North America and Eastern Asia. We were also influenced by a desire that those islands should not pass under the control of any Uner great maritime State, but should remain in an independent condition, and so be ac- nble and useful to the commerce of all nations. I need not sny that the importance of these iKJeratiorwj has been greatly enhanced by ihe sudden und vast development which the inter- a of the United Stales have attained in California and Oregon; and the policy heretofore 10 regard to those islands will be steadily pursued It is gratifying;, not only to those who consider the commercial interests of nations, but also to all who favor the progress of knowledge and the diffusion of religion, to see a community emerge from a savage state and attain such a degree of civilization in those distant seas. It is much to be deplored that the internal tranquillity of the Mexican Republic should again be seriously disturbed; for, since the peace between that Republic and the United Slates, it had enjoyed such comparative repose that the most favorable anticipations for the future might, with a degree of confidence, have been indulged. These, however, have been thwarted by the recent outbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. Having received information that persons from the United States had taken part in the insurrection, and appre- hending that their example might be followed by others, 1 caused orders to be issued for the purpose of preventing an y hostile expeditions against Mexico from being set on foot in viola- don of the laws of the United States I likewise issued a proclamation upon the subject, a copy of which is herewith laid before you. This appeared to be rendered imperative by the obliga- tions of treaties and the general duties of good neighborhood. In my last annual message I informed Congress that citizens of the United States had under- taken the connexion of the two oceans by means of a railroad across the Isthmus of Tehuante- pec, under a grant of the Mexican government to a citizen of that Republic ; and that this enter- prise would probably be prosecuted with energy whenever Mexico should consent to such stip- ulations with the Government of the United States as should impart a feeling of security to those who should invest their property in the enterprise. A convention between the two governments for the accomplishment of that end has been rati- fied by this Government, and only awaits the decision of the Congress and the Executive of that Republic. Some unexpected difficulties and delays have arisen in the ratification of that convention by Mexico, but it is to be presumed that her decision will be governed by just and enlightened views, as well of the general importance of the object, as of her own interests and obligations. In negotiating upon this important subject, this Government has had in view one, and only one, object. That object has been, and is, the construction or attainment of a passage from ocean to ocean, the shortest and the best for travellers and merchandise, and equally open to all he world. It has sought to obtain no territorial acquisition, nor any advantages peculiar to itself; and it would see, with the greatest regret, that Mexico should oppose any obstacle to the accom- plishment of an enterprise which promises so much convenience to the whole commercial world, and such eminent advantages to Mexico herself. Impressed with these sentiments and these convictions, the Government will continue to exert all proper efforts to bring about the necessary arrangement with the Republic of Mexico for the speedy completion of the work. For some months past the Republic of Nicaragua has been the theatre of one of those civil convulsions, from which the cause of free institutions, and the general prosperity and social pro- gress of the States of Central America, have so often and so severely suffered. Until quiet shall have been restored, and a government apparently stable shall have been organized, no advance can prudently be made in disposing of the questions pending between the two countries. I am happy to announce that an inter-oceanic communication from the mouth of the St. John to the Pacific has been so far accomplished as that passengers have actually traversed it, and merchandise has been transported over it; and when the canal shall have been completed, accord- ing to the original plan, the means of communication will be further improved. It is understood that a considerable part of the railroad across the Isthmus of Panama has been completed, and that the mail and passengers will in future be conveyed thereon. Whichever of the several routes between the two oceans may ultimately prove mosteligibl for travellers to and from the different States on the Atlantic and Gulf of Mexico and our coas on the Pacific, there is little reason to doubt that all of them will be useful to the public, an will liberally reward that ii dividual enterprise by which alone they have been or are expec to be carried into effect. Peace has been concluded between the contending parties in the Island of St. Domingo, it is hoped upon a durable basis. Such is the extent of our commercial relations with tjjt island, that the United States cannot fail to feel a strong interest in its tranquillity. -The office of Commissioner to China remains unfilled ; several persons have been appoin and the place has been offered to others, all of whom have dec ined its acceptance, on ground of the inadequacy of the compensation. The annual allowance by law is six thoufnd dollars, and there is no provision for any outfit. I earnestly recommend the consideratin of :his subject to Congress. Our commerce with China is highly important, and is becoming Aore and more so, in consequence of the increasing intercourse between our ports on the PaciliqWst and Eastern Asia. China is understood to be a country in which living is very expensive and I know of no reason why the American commissioner sent thither should not be plaeJ. in regard to compensation, on an equal footing with ministers who represent this country ^y the courts of Europe. By reference to the report of the Secretary of the Treasury, it will be seen that the agg receipts for the last fiscal year amounted to $52,312,979 87; which, with the balance /n the Treasury on the 1st July, 1350, gave, as the available means for the vear, the sfim of $58,917,524 36. The total expenditures for the same period were $48,005,878 68. The total imports for the year ending 30th June, 1851, were , $215,725,995 Of which there were in specie 4,967,901 The exports for the same period were 217,517,130 Of which there were of domestic products $178,546,555 Foreign goods re-exported 9,738,695 Specie.. 29,231,880 $217,517,130 Since the 1st of December last the payments in cash on account of the public debt, exclusive of interest, have amounted to $7,501,456 56 ; which, however, includes the sum of $3,242,400 paid under the 12th article of the treaty with Mexico, and the further sum of $2,591,213 45, being the amount of awards to American citizens under the late treaty with Mexico, for which the issue of stock was authorized, but which was paid in cash from the Treasury. The public debt on the 20th ultimo, exclusive of the stock authorized to be issued to Texas by the act of 9th September, 1850, was $62,560,395 26. The receipts for the next fiscal year are estimated at $51,800,000, which, with the probable unappropriated balance in the Treasury on the 30th June next, will give, as the probable avail- able means for that year, the sum of 63,258,743 09. It has been deemed proper, in view of the large expenditures consequent upon the acquisi- tion of territory from Mexico, that the estimates for the next fiscal year should be laid before Congress in such manner as to distinguish the expenditures so required from the otherwise ordinary demands upon the Treasury. The total expenditures for the next fiscal year are estimated at $42,892,299 19 ; of which there is required for the ordinary purposes of the Government, other than those consequent upon the acquisition of our new Territories, and deducting: the payments on account of tno publicdebt, the sum of $33,343,198 08; and for the purposes connected directly or indirectly with those Territories, and in the fulfilment of the obligations of the Government, contracted in conse- quence of their acquisition, the sum of $9,549,101 11. If the views of the Secretary of the Treasury in reference to the expenditures required for these Territories shall be met by corresponding action on the part of Congress, and appropria- tions made in accordance therewith, there will be an estimated unappropriated balance in the Treasury on the 30th June, 1853, of $20,366,443 90, wherewith to meet that portion of the publicdebt due on the first July following, amounting to $6,237,931 35, as well as any appro- priations which may be made beyond the estimates. In thus referring to the estimated expenditures on account of our newly acquired Territories, I may express the hope that Congress will concur with me in the desire that a liberal course of polir.y may be pursued towards them, and that every obligation, express or implied, entered into in consequence of their acquisition, shall be fulfilled by the most liberal appropriations for that purpose. The value of our domestic exports for the last fiscal ve*r, as compared with those of the pre- vious year, exhibit an increase of $43,646,322. At first view this condition of our trade with foreign nations would seem to present the most flattering hopes of its future prosperity. An examination of the details of our exports, however, willshow that the increased value of our exports for the last fiscal year is to be found in the high price of cotton which prevailed during the first half of that year, which price has since declined about one-half. The value of our exports of breadstuff's and provisions, which it was supposed the incentive of a low tariff and lar;e importations from abroad would have greatly augmented, has fallen from $68,701,921 in 1847, to $26,051,373 in 1850, and to $21,948,653 in 1851, with a strong probability, amounting almost to a certainty, of a still further reduction in the current year. The aggregate values of rice exported during the last fiscal year, as compared with the previ- U8 year, also exhibit a decrease amounting to $460,917, which, with a decline in the values of ic experts of tobacco for the same period, make an a^gre^ate decrease in these two articles of 1,156,751. The policy which dictated a low rate of duties on foreign merchandise, it was thought by thse who promoted and established it, would tend to benefit the farming population of this c^ntry, by increasing the demand and raising the price of agricultural products in foreign nii-kets. "he foregoins: facts, however, seem to show, incontestibly, that no such result has followed tneadoption of this policy. On the contrary, notwithstanding the repeal of the restrictive con Jaws in England, the foreign demand for the products of the American farmer has steadily deched, since the short crops and consequent famine in a portion of Europe have been happily replied by full crops and comparative abundance of food. It vill be seen, by recurring to the commercial statistics for the past year, that the value of our Irmeatic exports has been increased in the single item of raw cotton by $40,000.000 over the ralue of that export for the year preceding. This is not due to any increased general dem&id for that article, but to the whort crop of the preceding year, which created an increased dema.d and an augmented price for the crop of last year. Should the cotton crop now going forwad to market be only equal in quantity to that of the year preceding, and be sold at the preseu prices, then there would be a falling off in the value of our export* for the present fiscal Jear of at least $40,000,000, compared with the amount exported for the year ending 30th une, 1851. The production of gold in California for the past year seems to promise a large supply of that metal from thar. quarter for some time to come. This large annual increase of the currency of the world must be attended with its usual results. These have been already partially dis- closed in the enhancement of prices and a rising spirit of speculation and adventure, tending to overtrading, as well at home as abroad. Unless some salutary check shall be given to these tendencies, it is to be feared that importations of foreign goods beyond a healthy demand in this country will lead to a sudden drain of the precious metals from us, bringing with it, as it has done in former times, the most disastrous consequences to the business and capital of the American people. The exports of specie to liquidate our foreign debt during the past fiscal year have been $24,263,979 over the amount of specie imported. The'exports of specie during the first quar- ter of the present fiscal year have been 14,651,827. Should specie continue to be exported at this rate for the remaining three quarters of this year, it will drain from our metallic currency, during the year ending 30th June, 1852, the enormous amount of 58,607,308. In the present prosperous condition of the national finances, it will become the duty of Con- gress to consider the best mode of paying off the public debt. If the present and anticipated surplus in the Treasury should not be absorbed by appropriations of an extraordinary charac- ter, this surplus should be employed in such way^ and under such restrictions, as Congress may enact, in extinguishing the outstanding debt of the nation. By reference to the act of Congress approved 9th September, 1850, it will be seen that, in consideration of certain concessions by the State of Texas, it is provided that the " United Slates shall pay to the State of Texas the sum often millions of dollars, in a stock bearing five per cent, interest, and redeemable at the end of fourteen years, the interest payable half yearly at the Treasury of the United States." In the same section of the law it is further provided " that no more than five millions of said stock shall be issued until the creditors of the State holding bonds and other certificates of stock of Texas, for whicli duties on imports were specially pledged, shall first file at the Treasury of the United States releases of all claims against the United States, for or on account of said bonds or certificates, in such form as shall be prescribed by the Secretary of the Treasury, and approved by the President of the United States." The form of release thus provided for has been prescribed by the Secretary of the Treasury, and approved. It has been published in all the leading newspapers in the commercial cities of the United States, and all persons holding claims of the kind specified in the foregoing proviso were required to file their releases (in the form thus prescribed) in the Treasury ef the United States, on or before the 1st day of October, 1851. Although this publication has been contin- ued from the 25th day of March, 1851, yet up to the first of October last comparatively few releases had been filed by the creditors of Texas. The authorities of the State of Texas, at the request of the Secretary of the Treasury, have furnished a schedule of the public debt of that State created prior to her admission into the Union, with a copy of the laws under which each class was contracted. I have, from the documents furnished by the State of Texas, determined the classes of claims which, in my judgment, fall within the provisions of the act of Congress of the 9th of Septem- ber, 1850. On being officially informed of the acceptance by Texas of the propositions contained in the act referred to, I caused the stock to be prepared, and the five millions which are to be issued unconditionally, bearing an interest of five per cent., from the 1st day of January, 1851, have been for some time ready to be delivered to the Slate of Texas. The authorities of Texas, up to the present time, have not authorized any one to receive this stock, and it remains in the Treasury Department, subject to the order of Texas. The releases, required by law to be deposited in the Treasury, not having been filed there, the remaining five millions have not been issued. This last amount of the stock will be with- held from Texas until the conditions upon which it ist be delivered shall be complied with by the creditors of that State, unless Congress shall otherwise lirect by a modification of the law. In my last annual message, to which I respectfully refer, I ated briefly the reasons which induced me to recommend a modification of the present tariff, by converting the ad valorem into a specific duty, wherever the article imported was of such a character as to permit it, and j that such a discrimination should be made in favor of the industrial pursuits of our own coun- try as to encourage home production, without excluding foreign competition. The numerous frauds which continue to be practised upon the revenue, by false invoices and! undervaluations, constitute an unanswerable reason for adopting specific instead of ad valorem duties in all cases where the nature of the commodity does not forbid it. A striking illustral tion of these frauds will be exhibited hi the report of the Secretary of the Treasury, showing the custom-house valuation of articles imported under a former law subject to specific dutic-" when there was no inducement to undervaluation, and the custom-house valuations of the sar articles, under the present system of ad valorem duties, so greatly reduced as to leave no dout of the existence of the most flagrant abuses under the existing laws. Thia practical evasion 4 8 the present law, combined with the languishing condition of some of the great interests of the country, caused by over-importations and consequent depressed puces, and with the failure m obtaining a foreign market for our increasing surplus of breadstuff's and provisions, has induced me n-ain to recommend a modification of the existing tariff. The report of the Secretary of the Interior, which accompanies this communication, will pre- sent a condensed statement of the operations of that important department of the Government. It will be seen that the cash sales of the public lands exceed those of the preceding year, ami that there is reason to anticipate a still further increase, notwithstanding the large donations which have been made to many of the States, and the liberal grants to individuals as a reward for military services. This fact furnishes very gratifying evidence of the growing wealth and prosperity of our country. Suitable measures have been adopted for commencing the survey of the public lands m Cali- fornia and Oregon. Surveying parties have been organized, and some progress has been made in establishing^the principal base and meridian lines. But further legislation and additional appropriations will be necessary before the proper subdivisions can be made, and the general land system extended over thos remote parts of our territory. On the 3d of March last an act was passed providing for the appointment of three commis- sioners to settle private land claims in California. Three persons were immediately appointed, all of whom, however, declined accepting the office, in consequence of the inadequacy of the compensation. Others were promptly selected, who, for the same reason, also declined; and it was not until late in the season that the services of suitable persons could be secured. A ma- jority of the commissioners convened in this city on the 10th of September last, when detailed 'instructions were given to them in regard to their duties. Their first meeting for the transaction of business will be held in Sun Francisco on the 8th day of the present month. I have thought it proper to refer to these facts, not only to explain the causes of the delay in filling the commission, but to call your attention to the propriety of increasing the compensation of the commissioners. The office is one of great labor and responsibility, and the compensation should be such as to command men of a high order of talents and the most unquestionable integrity. The proper disposal of the mineral lands of California is a subject surrounded by great diffi- culties. In my last annual message I recommended the survey and sale of them in small parcels, under such restrictions as would effectually guard against monopoly and speculation. But upon further information, and in deference to the opinions of persons familiar with the subject, I am inclined to change that recommendation, and to advise that they be permitted to remain, as at present, a common field, open to the enterprise and industry of all our citizens, until further experience shall have developed the best policy to be ultimately adopted in regard to them. It is flafer to suffer tho inconvenience that now exists, for a short period, than, by premature legis- lation, to fasten on the country a system founded in error, which may place the whole subject beyond the future control of Congress. The agricultural lands should, however, -be surveyed and brought into market with as little delay as~possible, that the titles may become settled, and the inhabitants stimulated to make permanent improvements, and enter on the ordinary pursuits of life. To effect these objects it is desirable that the necessary provision be made by law for the establishment of land offices in California and Oregon, and for the efficient prosecution of the surveys at an early day. Some difficulties have occurred in organizing the territorial governments of New Mexico and Utah-, and, when more accurate informutioo shall be obtained of the causes, a further commu- nication will be made on that subject. In my last annual communication to Congress, 1 recommended the establishment of an Agri- cultural bureau, and I take this occasion again to invoke your favorable consideration of the subject. Agriculture may justly be regarded as the great interest of our people. Four-fifths of our active population are employed in the cultivation of the soil, and the rapid expansion of our set- tlements over new territory is daily adding to the number of those engaged in that vocation. Justice and sound policy, therefore, alike require that the Government should use all the means authorized by the Constitution to promote the interests and welfare of that important class of our fellow-citizens. And yet it is a singular fact that, whilst the manufacturing and commercial interests have engaged the attention of Congress during a large portion of every session, and our statutes abound in provisions for their protection and encouragement, little has yet been done directly for the advancement of agriculture. It is time that this reproach to our legislation should be removed ; and I sincerely hope that the present Congress will not close their labors without adopting efficient means to supply the omissions of those who have preceded them. ," An Agricultural bureau, charged with the duty of collecting: and disseminating correct infor- mation as to the best modes of cultivation, and of the most effectual means of preserving and f restoring the fertility of the soil, and of procuring and distributing seeds, and plants, and other vegetable productions, with instructions in regard to the soil, climate, and treatment best adapted to their growth, could not fail to be, in the language of WASHINGTON, in his last annual message to Congress, a " very cheap instrument of immense national benefit." Regarding the act of Congress, aporoved 28th September, 1850, granting bounty lands to per- *>ns who had been engaged in the military service of the country as a great measure of national justice and munificence, an anxious desire has been felt, by the officers entrusted with its imme- diate execution, to give prompt effect to its provisions. All the means within their control were, therefore, brought into requisition to expedite the adjudication of claims ; and I am gratified to be able to state, that near one hundred thousand applications have been considered, and about seventy thousand warrants issued, within the short space of nine months. If adequate provision be made by law to carry into effect the recommendations of the Department, it is confidently expected that, before the close of the next fiscal year, all who are entitled to the benefits of thie act will have received their warrants. The Secretary of the Interior has suggested in his report various amendments of the laws relating to pensions and bounty lands, for the purpose of more effectually guarding against abuses and frauds on the Government ; to all of which I invite your particular attention. The large accessions to our Indian population consequent upon the acquisition of New Mexico and California, and the extension of our settlements into Utah and Oregon, have given increased interest and importance to our relations with the aboriginal race. No material change has taken place within the last year in the condition and prospects of the Indian tribes who reside in the Northwestern Territory and west of the Mississippi river. We are at peace with all of them ; and it will be a source of pleasure to you to learn that they are gradually advancing in civilization and the pursuits of social life. Along the Mexican frontier, and in California and Oregon, there have been occasional mani- festations of unfriendly feeling, and some depredations committed. I am satisfied, however, that they resulted more from the destitute and starving condition of the Indians than from any settled hostility toward the whites. As the settlements of our citizens progress towards them, the game upon which they mainly rely for subsistence is driven off or destroyed, and the only alternative left to them is. starvation or plunder. It becomes us to consider, in view of this condition of things, whether justice and humanity, as well as an enlightened economy, do not require that, instead of seeking to punish them for offences which are the result of our own policy towards them, we should not provide for their immediate wants, and encourage them to. engage in agriculture, and to rely on their labor, instead of the chase, for the means of support. Various important treaties have been negotiated with different tribes during the year, by which their title to large and valuable tracts of country has been extinguished: all of which will, at the proper time, be submitted to the Senate for ratification. The joint commission under the treaty of Guadalupe Hidalgo has been actively engaged in running and marking the boundary line between the United States and Mexico. It was stated jn the last annual report of the Secretary of the Interior that the initial point on the Pacific and the point of junction of the Gila with the Colorado river had been determined, and the inter- vening line, about one hundred and fifty miles in length, run and marked by temporary monu- ment. Since that time a monument of marble has been erected at the initial point, and perma- nent landmarks of iron have been placed at suitable distances along the line. The initial point on the Rio Grande has also been fixed by the commissioners at latitude 32 22% and at the date of the last communication the survey of the line had been made thence westward about one hundred and fifty miles, to the neighborhood of the copper mines. The commission on our part was at first organized on a scale which experience proved to be unwieldy and attended with unnecessary expense. Orders have, therefore, been issued for the reduction of the number of persons employed within the smallest limits consistent with the safety of those engaged in the service and the prompt and efficient execution of their important duties. Returns have been received from all the officers engaged in taking the census in the States and Territories, except California. The superintendent employed to make the enumeration in that State has not yet made his full report, from causes, as he alleges, beyond his control. This failure is much to be regretted, as it has prevented the Secretary of the Interior from making the decennial apportionment of representatives among the States, as required by the act approved May 23, 1850. It is hoped, however, the returns will soon be received, and no :ime will then be lost in making the necessary apportionment, and in transmitting the certifi- cates required by law. The Superintendent of the Seventh Census is diligently employed, under the direction of the Secretary of the Interior, in classifying and arranging, in tabular form, all the statistical information derived from the returns of the marshals, and it is believed that when the work shall be completed it will exhibit a more perfect view of the population, wealth, occupations, and social condition of a great country than has ever been presented to the world. The value of such a work, as the basis of enlightened legislation, can hardly be overestimated ; and I earnestly hope that Congress will lose no time in making the appropriations necessary to com- plete the classifications, and to publish the results in a^ style worthy of the subject and of our national character. The want of a uniform fee bill, prescribing the compensajion to be allowed district attorneys, clerks, marshals, and commissioners in civil and criminal cases, is the cause of much vexation* injustice, and complaint. I would recemmend a thorough revision of the laws on the whole subject, and the adoption of a tariff of fees which, as far as practicable, should be uniform, and prescribe a specific compensation for every service which the officer may be required to perform. This subject will be fully presented in the report of the Secretary of the Interior. In my last annual message I gave briefly my reasons for believing that you possessed the constitutional power to improve the harbors of our great lakes and seacoast, and the navigation of our principal rivers, and recommended that appropriations should be made for completing such works as had already been commenced, and for commencing such others as might seem to the wisdom of Congress to be of public and general importance. Without repeating the reasons then urged, I deem it my duty again to call your attention to this important subject. The works on many of the.harbors were left in an unfinished state, and, consequently, exposed to the action of the elements, which is fast destroying them. Great numbers of lives and vast amounts of property are annually lost for want of safe and convenient harbors on the lakes. None but those who have been exposed to that dangerous navigation can fully appreciate the importance of this subject. The whole Northwe&t appeals to you for relief, and I trust their appeal will receive due consideration at your hands. The same is in a measure true in regard to some of the harbors and inlets on the sea coast. The unobstructed navigation of our large rivers is of equal importance. Our settlements are now extending to the sources of the great rivers which empty into, and form a part of the Mis- sissippi, and the value of the public lands in those regions would be greatly enhanced by free- ing the navigation of those waters from obstructions. In view, therefore, of this great interest, I deem it my duty again to urge upon Congress to make such appropriations for these im- provements as they may deem necessary. The survey of the Delta of the Mississippi, with a view to the prevention of the overflows that have proved so disastrous to that region of country, have been nearly completed, and the reports thereof are now in course of preparation, and will shortly be laid before you. The protection of our southwestern frontier, and of the adjacent Mexican States, against the Indian tribes within our border, has claimed my earnest and constant attention. Congress hav- ing failed, at the last session, to adopt my recommendation that an additional regiment of mounted men specially adapted to that service should be raised, a!l that remained to be done was to make the best use of the means at my disposal. Accordingly, all the troops adapted to that service that could properly be spared from other quarters have been concentrated on that frontier, and officers of high reputation selected to command them. A new arrangement of the military posts has also been made, whereby the troops are brought nearer to the Mexican fron- tier and to the tribes they are intended to overawe. Sufficient time has not yet elapsed to realize all the benefits that are expected to result from these arrangements, but I have every reason to hope that they will effectually check their ma- rauding expeditions. The nature of the country, which furnishes little for the support of an army, and abounds in places of refuge and concealment, is remarkably well adapted to this pre- datory warfare; and we can scarcely hope that any military force, combined with the greatest vigilance, can entirely suppress it. By the treaty of Guadalupe Hidalgo we are bound to protect.the territory of Mexico against the incursions of the savage tribes within our border "with equal diligence and energy" as if the same were made within our territory or against our citizens. I have endeavored to com- ply, as far as possible, with this provision of the treaty. Orders have been given to the officer; commanding on that frontier to consider the Mexican territory and its inhabitants as equally with our own entitled to their protection; and to make all their plans and arrangements with a view to the attainment of this object. Instructions have also been given to the Indian commis- sioners and agents among these tribes, in all treaties, to make the clauses designed for the pro- tection of our own citizens apply also to those o.f Mexico. I have no reason to doubt thai these instructions have been fully carried into effect. Nevertheless, it is probable that, in spite of all our efforts, some of the neighboring States of Mexico may have suffered, as our own have, from depredations by the Indians. To the difficulties of defending our own territory, as above mentioned, are superadded, in de- fending that of Mexico, those that arise from its remoteness, from the fact that we have no right to station our troops within her limits, and that there is no efficient military force on- the Mexican side to co-operate with our own. So long as this shall continue to be the case, the number and activity of our troops will rather increase than diminish the evil, as the Indians will naturally turn towards that country where they encounter the least resistance. Yet the.se troops are necessary to subdue them, and to compel them to make and observe treaties. Until Su i i - Ve ' neither country will enjoy any security from their attacks. The Indians in California, who had previously appeared of a peaceable character, and dis- posed to cultivate the friendship of the whites, have recently committed several acts of hostility. As a UrjM portion of the reinforcements sent to the Mexican frontier were drawn from the Pacific, the military force now stationed there is considered entirely inadequate to its defence. It cannot be increased, however, without an increase of the army; and I a one was found to be entirely satisfactory, and it was therefore deemed advisable to combine andt adopt the advantages of several. The great object to be accomplished was to make such an addition a"? would afford ample and convenient halls for the deliberations of the two Houses of Congress, with sufficient accommo- dations for spectators, and suitable apartments for the committees and officers of the two branches of the Legislature. It was also desirab'e not to mar the harmony and beauty of the present structure, which, as a specimen of architecture, is so universally admired. Keeping the*se objects in view, I concluded to make the addition by win^s, detached from the present building, yet connected with it by corridors. This mode of enlargement will leave the present Capitol uninjured, and afford great advantages for ventilation and the admission of light, and will enable the work to progress without interrupting the deliberations of Congress. To carry this plan into effect I have appointed an experienced and competent architect. The corner- stone was laid on the 4th. day of July last, with suitable ceremonies, since which time the work has advanced with commendable rapidity, and the foundations of both wings are now nearly complete. I again commend to your favorable regard the interests of th^ District of Columbia, and deem it only^ieceasary to remind you, that although its inhabitants have no voice in the choice of re- presentativee in Congress, they are not the less entitled to a just and liberal consideration in your legislation. My opinions on this subject were more fully expressed in my last annual communication. Other subjects were brought to the attention of Congress in my last annual message,, to which I would respectfully refer. But there was one of more than ordinary interest to which I again invite your special attention. I ullude to the recommendaiion for the appointment of a commis- sion to settle private claims against the United States. Justice to individuals as well as to the Government imperatively demands that some more convenient and expeditious mode than an appeal to Congress should be adopted. It is deeply to be regretted that in several instances officers of the Government, in attempting to execute the law for the return of fugitives from labor, have been openly resisted, and their efforts frustrated and defeated by lawless and violent mobs; that in one case such resistance re- sulted in the death of an estimable citizen, and in others serious injury ensued to those officers and to individuals who were using their endeavors to sustain the laws. Prosecutions have been instituted against the alleged offenders, so far as they could be identified, and are still pend- ing. I have regarded it as my duty, in these cases, to give all aid legally in my power to the enforcement of the laws, and I shall continue to do so wherever and whenever their execution may be resisted. Th act of Congress for the return of fugitives from labor is one required and demanded by the express words of the Constitution. The Constitution declares, ' That no person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." This constitutional provision is equally obligatory upon h Legislative, the Executive, and Judicial Departments of the Government, and upon every citizen of the United States. f Congress, however, must, from necessity, first act upon the subject, by prescribing the pro- ceedings necessary to ascertain that the person is a fugitive, and the means to be used for his restoration to the claimant. This was done by an act passed during the first term of President V 14 Washington, which was amended by that enacted by the last Congress, and it now remains for the Executive and Judicial Departments to take care that these laws be faithfully exe<5uted. This injunction of the Constitution is as peremptory and as binding as any other, it stands ex- actly on the same foundation as that clause which provides for the return of fugitives from justice, or that which declares that no bill of attainder or ex post facto law shall be parsed, or that which provides for an equality of taxation according to the census, or the clause declaring that all duties shall be uniform throughout the United States, or the important provision that the trial of all crimes shall be by jury. These several articles and clauses of the Constitution, all resting: on the same authority, must stand or fall together. Some objections have been urged against the details of the act for the return of fugitives from labor; but it is worthy of re- mark that the main opposition is aimed against the Constitution itself, and proceeds from per- sons and classes of persons, many of whom declare their wish to see that Constitution over- turned. They avow their hostility to any law which shall give full and practical effect to this requirement of the Constitution. Fortunately, the number of these persons is comparatively small, and is believed to be daily diminishing, but the issue which they present is one which involves the supremacy and even the existence of the Constitution. Cases have heretofore arisen in which individuals have denied the binding authority of acts of Congress, and even States have proposed to nullify such acts, upon the ground that the Con- stitution was the supreme law of the land, and that those acts of Congress were repugnant to that instrument; but nullification is now aimed, not so much against particular laws aa being inconsistent with the Constitution, as against the Constitution itself; and it is not to be disguised that a spirit exists and has been actively at work to rend asunder this Union, which is our cherished inheritance from our revolutionary fathers. In my last annual message I stated that I considered the series of measures, which had been adopted at the previous session, in reference to the agitation growing out of the Territorial and slavery questions, as a final settlement in principle and substance of the dangerous and exciting subjects which they embraced; and I recommended adherence to the adjustment established by those rneasutes, until time and experience should demonstrate the necessity f further legis- lation to guard against evasion or abuse. I was not induced to make this recommendation be- cause 1 thought those measures perfect, for no human legislation can be perfect. Wide differ- ences and jarring opinions can only be reconciled by yielding something on all sides, and this result had been reached after an angry conflict of many months, in which one part of. the coun- try was arrayed against another, and violent convulsion seemed to be imminent. Looking at the interests of the whole country, I felt it to be my duty to seize upon this compromise as the best that could be obtained amid conflicting interests, and to insist upon it as a final settlement, to be adhered to by all who value the peace and welfare of the country. A year has now elapsed since that recommendation was made. To that recommendation I still adhere, and I congratulate you and the country upon the general acquiescence in these measures of peace which has been exhibited in all parts of the Republic. And not only is there this general ac- quiescence in these measures, but the spirit of conciliation which lias been manifested in regard to them in all parts of the country has removed doubts and uncertainties in the minds of thou- sands of good men concerning the durability of our popular institutions, and given renewed assurance that our Liberty and our Union may subsist together for the benefit of this and ait succeeding generations. MILLARD FILLM-OR&. WASHINGTON December 2, 1851. - - .*;.. t