In obedience to the command of the Constitution, it has now become my duty "to give to Congress information of the state of the Union and recommend to their consideration such measures" as I judge to be "necessary and expedient." But first and above all, our thanks are due to Almighty God for the numerous benefits which He has bestowed upon this people, and our united prayers ought to ascend to Him that He would continue to bless our great Republic in time to come as He has blessed it in time past. Since the adjournment of the last Congress our constituents have enjoyed an unusual degree of health. The earth has yielded her fruits abundantly and has bountifully rewarded the toil of the husbandman. Our great staples have commanded high prices, and up till within a brief period our manufacturing, mineral, and mechanical occupations have largely partaken of the general prosperity. We have possessed all the elements of material wealth in rich abundance, and yet, notwithstanding all these advantages, our country in its monetary interests is at the present moment in a deplorable condition. In the midst of unsurpassed plenty in all the productions of agriculture and in all the elements of national wealth, we find our manufactures suspended, our public works retarded, our private enterprises of different kinds abandoned, and thousands of useful laborers thrown out of employment and reduced to want. The revenue of the Government, which is chiefly derived from duties on imports from abroad, has been greatly reduced, whilst the appropriations made by Congress at its last session for the current fiscal year are very large in amount. Under these circumstances a loan may be required before the close of your present session; but this, although deeply to be regretted, would prove to be only a slight misfortune when compared with the suffering and distress prevailing among the people. With this the Government can not fail deeply to sympathize, though it may be without the power to extend relief. It is our duty to inquire what has produced such unfortunate results and whether their recurrence can be prevented. In all former revulsions the blame might have been fairly attributed to a variety of cooperating causes, but not so upon the present occasion. It is apparent that our existing misfortunes have proceeded solely from our extravagant and vicious system of paper currency and bank credits, exciting the people to wild speculations and gambling in stocks. These revulsions must continue to recur at successive intervals so long as the amount of the paper currency and bank loans and discounts of the country shall be left to the discretion of 1,400 irresponsible banking institutions, which from the very law of their nature will consult the interest of their stockholders rather than the public welfare. The framers of the Constitution, when they gave to Congress the power "to coin money and to regulate the value thereof" and prohibited the States from coining money, emitting bills of credit, or making anything but gold and silver coin a tender in payment of debts, supposed they had protected the people against the evils of an excessive and irredeemable paper currency. They are not responsible for the existing anomaly that a Government endowed with the sovereign attribute of coining money and regulating the value thereof should have no power to prevent others from driving this coin out of the country and filling up the channels of circulation with paper which does not represent gold and silver. It is one of the highest and most responsible duties of Government to insure to the people a sound circulating medium, the amount of which ought to be adapted with the utmost possible wisdom and skill to the wants of internal trade and foreign exchanges. If this be either greatly above or greatly below the proper standard, the marketable value of every man's property is increased or diminished in the same proportion, and injustice to individuals as well as incalculable evils to the community are the consequence. Unfortunately, under the construction of the Federal Constitution which has now prevailed too long to be changed this important and delicate duty has been dissevered from the coining power and virtually transferred to more than 1,400 State banks acting independently of each other and regulating their paper issues almost exclusively by a regard to the present interest of their stockholders. Exercising the sovereign power of providing a paper currency instead of coin for the country, the first duty which these banks owe to the public is to keep in their vaults a sufficient amount of gold and silver to insure the convertibility of their notes into coin at all times and under all circumstances. No bank ought ever to be chartered without such restrictions on its business as to secure this result. All other restrictions are comparatively vain. This is the only true touchstone, the only efficient regulator of a paper currency--the only one which can guard the public against overissues and bank suspensions. As a collateral and eventual security, it is doubtless wise, and in all cases ought to be required, that banks shall hold an amount of United States or State securities equal to their notes in circulation and pledged for their redemption. This, however, furnishes no adequate security against overissue. On the contrary, it may be perverted to inflate the currency. Indeed, it is possible by this means to convert all the debts of the United States and State Governments into bank notes, without reference to the specie required to redeem them. However valuable these securities may be in themselves, they can not be converted into gold and silver at the moment of pressure, as our experience teaches, in sufficient time to prevent bank suspensions and the depreciation of bank notes. In England, which is to a considerable extent a paper-money country, though vastly behind our own in this respect, it was deemed advisable, anterior to the act of Parliament of 1844, which wisely separated the issue of notes from the banking department, for the Bank of England always to keep on hand gold and silver equal to one-third of its combined circulation and deposits. If this proportion was no more than sufficient to secure the convertibility of its notes with the whole of Great Britain and to some extent the continent of Europe as a field for its circulation, rendering it almost impossible that a sudden and immediate run to a dangerous amount should be made upon it, the same proportion would certainly be insufficient under our banking system. Each of our 1,400 banks has but a limited circumference for its circulation, and in the course of a very few days the depositors and note holders might demand from such a bank a sufficient amount in specie to compel it to suspend, even although it had coin in its vaults equal to one-third of its immediate liabilities. And yet I am not aware, with the exception of the banks of Louisiana, that any State bank throughout the Union has been required by its charter to keep this or any other proportion of gold and silver compared with the amount of its combined circulation and deposits. What has been the consequence? In a recent report made by the Treasury Department on the condition of the banks throughout the different States, according to returns dated nearest to January, 1857, the aggregate amount of actual specie in their vaults is $58,349,838, of their circulation $214,778,822, and of their deposits $230,351,352. Thus it appears that these banks in the aggregate have considerably less than one dollar in seven of gold and silver compared with their circulation and deposits. It was palpable, therefore, that the very first pressure must drive them to suspension and deprive the people of a convertible currency, with all its disastrous consequences. It is truly wonderful that they should have so long continued to preserve their credit when a demand for the payment of one-seventh of their immediate liabilities would have driven them into insolvency. And this is the condition of the banks, notwithstanding that four hundred millions of gold from California have flowed in upon us within the last eight years, and the tide still continues to flow. Indeed, such has been the extravagance of bank credits that the banks now hold a considerably less amount of specie, either in proportion to their capital or to their circulation and deposits combined, than they did before the discovery of gold in California. Whilst in the year 1848 their specie in proportion to their capital was more than equal to one dollar for four and a half, in 1857 it does not amount to one dollar for every six dollars and thirty-three cents of their capital. In the year 1848 the specie was equal within a very small fraction to one dollar in five of their circulation and deposits; in 1857 it is not equal to one dollar in seven and a half of their circulation and deposits. From this statement it is easy to account for our financial history for the last forty years. It has been a history of extravagant expansions in the business of the country, followed by ruinous contractions. At successive intervals the best and most enterprising men have been tempted to their ruin by excessive bank loans of mere paper credit, exciting them to extravagant importations of foreign goods, wild speculations, and ruinous and demoralizing stock gambling. When the crisis arrives, as arrive it must, the banks can extend no relief to the people. In a vain struggle to redeem their liabilities in specie they are compelled to contract their loans and their issues, and at last, in the hour of distress, when their assistance is most needed, they and their debtors together sink into insolvency. It is this paper system of extravagant expansion, raising the nominal price of every article far beyond its real value when compared with the cost of similar articles in countries whose circulation is wisely regulated, which has prevented us from competing in our own markets with foreign manufacturers, has produced extravagant importations, and has counteracted the effect of the large incidental protection afforded to our domestic manufactures by the present revenue tariff. But for this the branches of our manufactures composed of raw materials, the production of our own country--such as cotton, iron, and woolen fabrics--would not only have acquired almost exclusive possession of the home market, but would have created for themselves a foreign market throughout the world. Deplorable, however, as may be our present financial condition, we may yet indulge in bright hopes for the future. No other nation has ever existed which could have endured such violent expansions and contractions of paper credits without lasting injury; yet the buoyancy of youth, the energies of our population, and the spirit which never quails before difficulties will enable us soon to recover from our present financial embarrassments, and may even occasion us speedily to forget the lesson which they have taught. In the meantime it is the duty of the Government, by all proper means within its power, to aid in alleviating the sufferings of the people occasioned by the suspension of the banks and to provide against a recurrence of the same calamity. Unfortunately, in either aspect of the ease it can do but little. Thanks to the independent treasury, the Government has not suspended payment, as it was compelled to do by the failure of the banks in 1837. It will continue to discharge its liabilities to the people in gold and silver. Its disbursements in coin will pass into circulation and materially assist in restoring a sound currency. From its high credit, should we be compelled to make a temporary loan, it can be effected on advantageous terms. This, however, shall if possible be avoided, but if not, then the amount shall be limited to the lowest practicable sum. I have therefore determined that whilst no useful Government works already in progress shall be suspended, new works not already commenced will be postponed if this can be done without injury to the country. Those necessary for its defense shall proceed as though there had been no crisis in our monetary affairs. But the Federal Government can not do much to provide against a recurrence of existing evils. Even if insurmountable constitutional objections did not exist against the creation of a national bank, this would furnish no adequate preventive security. The history of the last Bank of the United States abundantly proves the truth of this assertion. Such a bank could not, if it would, regulate the issues and credits of 1,400 State banks in such a manner as to prevent the ruinous expansions and contractions in our currency which afflicted the country throughout the existence of the late bank, or secure us against future suspensions. In 1825 an effort was made by the Bank of England to curtail the issues of the country banks under the most favorable circumstances. The paper currency had been expanded to a ruinous extent, and the bank put forth all its power to contract it in order to reduce prices and restore the equilibrium of the foreign exchanges. It accordingly commenced a system of curtailment of its loans and issues, in the vain hope that the joint stock and private banks of the Kingdom would be compelled to follow its example. It found, however, that as it contracted they expanded, and at the end of the process, to employ the language of a very high official authority, "whatever reduction of the paper circulation was effected by the Bank of England (in 1825) was more than made up by the issues of the country banks." But a bank of the United States would not, if it could, restrain the issues and loans of the State banks, because its duty as a regulator of the currency must often be in direct conflict with the immediate interest of its stockholders. if we expect one agent to restrain or control another, their interests must, at least in some degree, be antagonistic. But the directors of a bank of the United States would feel the same interest and the same inclination with the directors of the State banks to expand the currency, to accommodate their favorites and friends with loans, and to declare large dividends. Such has been our experience in regard to the last bank. After all, we must mainly rely upon the patriotism and wisdom of the States for the prevention and redress of the evil. If they will afford us a real specie basis for our paper circulation by increasing the denomination of bank notes, first to twenty and afterwards to fifty dollars; if they will require that the banks shall at all times keep on hand at least one dollar of gold and silver for every three dollars of their circulation and deposits, and if they will provide by a self-executing enactment, which nothing can arrest, that the moment they suspend they shall go into liquidation, I believe that such provisions, with a weekly publication by each bank of a statement of its condition, would go far to secure us against future suspensions of specie payments. Congress, in my opinion, possess the power to pass a uniform bankrupt law applicable to all banking institutions throughout the United States, and I strongly recommend its exercise. This would make it the irreversible organic law of each bank's existence that a suspension of specie payments shall produce its civil death. The instinct of self-preservation would then compel it to perform its duties in such a manner as to escape the penalty and preserve its life. The existence of banks and the circulation of bank paper are so identified with the habits of our people that they can not at this day be suddenly abolished without much immediate injury to the country. If we could confine them to their appropriate sphere and prevent them from administering to the spirit of wild and reckless speculation by extravagant loans and issues, they might be continued with advantage to the public. But this I say, after long and much reflection: If experience shall prove it to be impossible to enjoy the facilities which well-regulated banks might afford without at the same time suffering the calamities which the excesses of the banks have hitherto inflicted upon the country, it would then be far the lesser evil to deprive them altogether of the power to issue a paper currency and confine them to the functions of banks of deposit and discount. Our relations with foreign governments are upon the whole in a satisfactory condition. The diplomatic difficulties which existed between the Government of the United States and that of Great Britain at the adjournment of the last Congress have been happily terminated by the appointment of a British minister to this country, who has been cordially received. Whilst it is greatly to the interest, as I am convinced it is the sincere desire, of the Governments and people of the two countries to be on terms of intimate friendship with each other, it has been our misfortune almost always to have had some irritating, if not dangerous, outstanding question with Great Britain. Since the origin of the Government we have been employed in negotiating treaties with that power, and afterwards in discussing their true intent and meaning. In this respect the convention of April 19, 1850, commonly called the Clayton and Bulwer treaty, has been the most unfortunate of all, because the two Governments place directly opposite and contradictory constructions upon its first and most important article. Whilst in the United States we believed that this treaty would place both powers upon an exact equality by the stipulation that neither will ever "occupy, or fortify, or colonize, or assume, or exercise any dominion" over any part of Central America, it is contended by the British Government that the true construction of this language has left them in the rightful possession of all that portion of Central America which was in their occupancy at the date of the treaty; in fact, that the treaty is a virtual recognition on the part of the United States of the right of Great Britain, either as owner or protector, to the whole extensive coast of Central America, sweeping round from the Rio Hondo to the port and harbor of San Juan de Nicaragua, together with the adjacent Bay Islands, except the comparatively small portion of this between the Sarstoon and Cape Honduras. According to their construction, the treaty does no more than simply prohibit them from extending their possessions in Central America beyond the present limits. It is not too much to assert that if in the United States the treaty had been considered susceptible of such a construction it never would have been negotiated under the authority of the President, nor would it have received the approbation of the Senate. The universal conviction in the United States was that when our Government consented to violate its traditional and time-honored policy and to stipulate with a foreign government never to occupy or acquire territory in the Central American portion of our own continent, the consideration for this sacrifice was that Great Britain should, in this respect at least, be placed in the same position with ourselves. Whilst we have no right to doubt the sincerity of the British Government in their construction of the treaty, it is at the same time my deliberate conviction that this construction is in opposition both to its letter and its spirit. Under the late Administration negotiations were instituted between the two Governments for the purpose, if possible, of removing these difficulties, and a treaty having this laudable object in view was signed at London on the 17th October, 1856, and was submitted by the President to the Senate on the following 10th of December. Whether this treaty, either in its original or amended form, would have accomplished the object intended without giving birth to new and embarrassing complications between the two Governments, may perhaps be well questioned. Certain it is, however, it was rendered much less objectionable by the different amendments made to it by the Senate. The treaty as amended was ratified by me on the 12th March, 1857, and was transmitted to London for ratification by the British Government. That Government expressed its willingness to concur in all the amendments made by the Senate with the single exception of the clause relating to Ruatan and the other islands in the Bay of Honduras. The article in the original treaty as submitted to the Senate, after reciting that these islands and their inhabitants "having been, by a convention bearing date the 27th day of August, 1856, between Her Britannic Majesty and the Republic of Honduras, constituted and declared a free territory under the sovereignty of the said Republic of Honduras," stipulated that "the two contracting parties do hereby mutually engage to recognize and respect in all future time the independence and rights of the said free territory as a part of the Republic of Honduras." Upon an examination of this convention between Great Britain and Honduras of the 27th August, 1856, it was found that whilst declaring the Bay Islands to be "a free territory under the sovereignty of the Republic of Honduras" it deprived that Republic of rights without which its sovereignty over them could scarcely be said to exist. It divided them from the remainder of Honduras and gave to their inhabitants a separate government of their own, with legislative, executive, and judicial officers elected by themselves. It deprived the Government of Honduras of the taxing power in every form and exempted the people of the islands from the performance of military duty except for their own exclusive defense. It also prohibited that Republic from erecting fortifications upon them for their protection, thus leaving them open to invasion from any quarter; and, finally, it provided "that slavery shall not at any time hereafter be permitted to exist therein." Had Honduras ratified this convention, she would have ratified the establishment of a state substantially independent within her own limits, and a state at all times subject to British influence and control. Moreover, had the United States ratified the treaty with Great Britain in its original form, we should have been bound "to recognize and respect in all future time" these stipulations to the prejudice of Honduras. Being in direct opposition to the spirit and meaning of the Clayton and Bulwer treaty as understood in the United States, the Senate rejected the entire clause, and substituted in its stead a simple recognition of the sovereign right of Honduras to these islands in the following language: The two contracting parties do hereby mutually engage to recognize and respect the islands of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Moral, situate in the Bay of Honduras and off the coast of the Republic of Honduras, as under the sovereignty and as part of the said Republic of Honduras. Great Britain rejected this amendment, assigning as the only reason that the ratifications of the convention of the 27th August, 1856, between her and Honduras had not been "exchanged, owing to the hesitation of that Government." Had this been done, it is stated that "Her Majesty's Government would have had little difficulty in agreeing to the modification proposed by the Senate, which then would have had in effect the same signification as the original wording." Whether this would have been the effect, whether the mere circumstance of the exchange of the ratifications of the British convention with Honduras prior in point of time to the ratification of our treaty with Great Britain would "in effect" have had "the same signification as the original wording," and thus have nullified the amendment of the Senate, may well be doubted. It is, perhaps, fortunate that the question has never arisen. The British Government, immediately after rejecting the treaty as amended, proposed to enter into a new treaty with the United States, similar in all respects to the treaty which they had just refused to ratify, if the United States would consent to add to the Senate's clear and unqualified recognition of the sovereignty of Honduras over the Bay Islands the following conditional stipulation: Whenever and so soon as the Republic of Honduras shall have concluded and ratified a treaty with Great Britain by which Great Britain shall have ceded and the Republic of Honduras shall have accepted the said islands, subject to the provisions and conditions contained in such treaty. This proposition was, of course, rejected. After the Senate had refused to recognize the British convention with Honduras of the 27th August, 1856, with full knowledge of its contents, it was impossible for me, necessarily ignorant of "the provisions and conditions" which might be contained in a future convention between the same parties, to sanction them in advance. The fact is that when two nations like Great Britain and the United States, mutually desirous, as they are, and I trust ever may be, of maintaining the most friendly relations with each other, have unfortunately concluded a treaty which they understand in senses directly opposite, the wisest course is to abrogate such a treaty by mutual consent and to commence anew. Had this been done promptly, all difficulties in Central America would most probably ere this have been adjusted to the satisfaction of both parties. The time spent in discussing the meaning of the Clayton and Bulwer treaty would have been devoted to this praiseworthy purpose, and the task would have been the more easily accomplished because the interest of the two countries in Central America is identical, being confined to securing safe transits over all the routes across the Isthmus. Whilst entertaining these sentiments, I shall, nevertheless, not refuse to contribute to any reasonable adjustment of the Central American questions which is not practically inconsistent with the American interpretation of the treaty. Overtures for this purpose have been recently made by the British Government in a friendly spirit, which I cordially reciprocate, but whether this renewed effort will result in success I am not yet prepared to express an opinion. A brief period will determine. With France our ancient relations of friendship still continue to exist. The French Government have in several recent instances, which need not be enumerated, evinced a spirit of good will and kindness toward our country, which I heartily reciprocate. It is, notwithstanding, much to be regretted that two nations whose productions are of such a character as to invite the most extensive exchanges and freest commercial intercourse should continue to enforce ancient and obsolete restrictions of trade against each other. Our commercial treaty with France is in this respect an exception from our treaties with all other commercial nations. It jealously levies discriminating duties both on tonnage and on articles the growth, produce, or manufacture of the one country when arriving in vessels belonging to the other. More than forty years ago, on the 3d March, 1815, Congress passed an act offering to all nations to admit their vessels laden with their national productions into the ports of the United States upon the same terms with our own vessels provided they would reciprocate to us similar advantages. This act confined the reciprocity to the productions of the respective foreign nations who might enter into the proposed arrangement with the United States. The act of May 24, 1828, removed this restriction and offered a similar reciprocity to all such vessels without reference to the origin of their cargoes. Upon these principles our commercial treaties and arrangements have been rounded, except with France, and let us hope that this exception may not long exist. Our relations with Russia remain, as they have ever been, on the most friendly footing. The present Emperor, as well as his predecessors, have never failed when the occasion offered to manifest their good will to our country, and their friendship has always been highly appreciated by the Government and people of the United States. With all other European Governments, except that of Spain, our relations are as peaceful as we could desire. I regret to say that no progress whatever has been made since the adjournment of Congress toward the settlement of any of the numerous claims of our citizens against the Spanish Government. Besides, the outrage committed on our flag by the Spanish war frigate Ferrolana on the high seas off the coast of Cuba in March, 1855, by firing into the American mail steamer El Dorado and detaining and searching her, remains unacknowledged and unredressed. The general tone and temper of the Spanish Government toward that of the United States are much to be regretted. Our present envoy extraordinary and minister plenipotentiary to Madrid has asked to be recalled, and it is my purpose to send out a new minister to Spain with special instructions on all questions pending between the two Governments, and with a determination to have them speedily and amicably adjusted if this be possible. In the meantime, whenever our minister urges the just claims of our citizens on the notice of the Spanish Government he is met with the objection that Congress has never made the appropriation recommended by President Polk in his annual message of December, 1847, "to be paid to the Spanish Government for the purpose of distribution among the claimants in the Amistad case." A similar recommendation was made by my immediate predecessor in his message of December, 1853, and entirely concurring with both in the opinion that this indemnity is justly due under the treaty with Spain of the 27th of October, 1795, I earnestly recommend such an appropriation to the favorable consideration of Congress. A treaty of friendship and commerce was concluded at Constantinople on the 13th December, 1856, between the United States and Persia, the ratifications of which were exchanged at Constantinople on the 13th June, 1857, and the treaty was proclaimed by the President on the 18th August, 1857. This treaty, it is believed, will prove beneficial to American commerce. The Shah has manifested an earnest disposition to cultivate friendly relations with our country, and has expressed a strong wish that we should be represented at Teheran by a minister plenipotentiary; and I recommend that an appropriation be made for this purpose. Recent occurrences in China have been unfavorable to a revision of the treaty with that Empire of the 3d July, 1844, with a view to the security and extension of our commerce. The twenty-fourth article of this treaty stipulated for a revision of it in case experience should prove this to be requisite, "in which case the two Governments will, at the expiration of twelve years from the date of said convention, treat amicably concerning the same by means of suitable persons appointed to conduct such negotiations." These twelve years expired on the 3d July, 1856, but long before that period it was ascertained that important changes in the treaty were necessary, and several fruitless attempts were made by the commissioner of the United States to effect these changes. Another effort was about to be made for the same purpose by our commissioner in conjunction with the ministers of England and France, but this was suspended by the occurrence of hostilities in the Canton River between Great Britain and the Chinese Empire. These hostilities have necessarily interrupted the trade of all nations with Canton, which is now in a state of blockade, and have occasioned a serious loss of life and property. Meanwhile the insurrection within the Empire against the existing imperial dynasty still continues, and it is difficult to anticipate what will be the result. Under these circumstances I have deemed it advisable to appoint a distinguished citizen of Pennsylvania envoy extraordinary and minister plenipotentiary to proceed to China and to avail himself of any opportunities which may offer to effect changes in the existing treaty favorable to American commerce. He left the United States for the place of his destination in July last in the war steamer Minnesota. Special ministers to China have also been appointed by the Governments of Great Britain and France. Whilst our minister has been instructed to occupy a neutral position in reference to the existing hostilities at Canton, he will cordially cooperate with the British and French ministers in all peaceful measures to secure by treaty stipulations those just concessions to commerce which the nations of the world have a right to expect and which China can not long be permitted to withhold. From assurances received I entertain no doubt that the three ministers will act in harmonious concert to obtain similar commercial treaties for each of the powers they represent. We can not fail to feel a deep interest in all that concerns the welfare of the independent Republics on our own continent, as well as of the Empire of Brazil. Our difficulties with New Granada, which a short time since bore so threatening an aspect, are, it is to be hoped, in a fair train of settlement in a manner just and honorable to both parties. The isthmus of Central America, including that of Panama, is the great highway between the Atlantic and Pacific over which a large portion of the commerce of the world is destined to pass. The United States are more deeply interested than any other nation in preserving the freedom and security of all the communications across this isthmus. It is our duty, therefore, to take care that they shall not be interrupted either by invasions from our own country or by wars between the independent States of Central America. Under our treaty with New Granada of the 12th December, 1846, we are bound to guarantee the neutrality of the Isthmus of Panama, through which the Panama Railroad passes, "as well as the rights of sovereignty and property which New Granada has and possesses over the said territory." This obligation is rounded upon equivalents granted by the treaty to the Government and people of the United States. Under these circumstances I recommend to Congress the passage of an act authorizing the President, in case of necessity, to employ the land and naval forces of the United States to carry into effect this guaranty of neutrality and protection. I also recommend similar legislation for the security of any other route across the Isthmus in which we may acquire an interest by treaty. With the independent Republics on this continent it is both our duty and our interest to cultivate the most friendly relations. We can never feel indifferent to their fate, and must always rejoice in their prosperity. Unfortunately both for them and for us, our example and advice have lost much of their influence in consequence of the lawless expeditions which have been fitted out against some of them within the limits of our country. Nothing is better calculated to retard our steady material progress or impair our character as a nation than the toleration of such enterprises in violation of the law of nations. It is one of the first and highest duties of any independent state in its relations with the members of the great family of nations to restrain its people from acts of hostile aggression against their citizens or subjects. The most eminent writers on public law do not hesitate to denounce such hostile acts as robbery and murder. Weak and feeble states like those of Central America may not feel themselves able to assert and vindicate their rights. The case would be far different if expeditions were set on foot within our own territories to make private war against a powerful nation. If such expeditions were fitted out from abroad against any portion of our own country, to burn down our cities, murder and plunder our people, and usurp our Government, we should call any power on earth to the strictest account for not preventing such enormities. Ever since the Administration of General Washington acts of Congress have been enforced to punish severely the crime of setting on foot a military expedition within the limits of the United States to proceed from thence against a nation or state with whom we are at peace. The present neutrality act of April 20, 1818, is but little more than a collection of preexisting laws. Under this act the President is empowered to employ the land and naval forces and the militia "for the purpose of preventing the carrying on of any such expedition or enterprise from the territories and jurisdiction of the United States," and the collectors of customs are authorized and required to detain any vessel in port when there is reason to believe she is about to take part in such lawless enterprises. When it was first rendered probable that an attempt would be made to get up another unlawful expedition against Nicaragua, the Secretary of State issued instructions to the marshals and district attorneys, which were directed by the Secretaries of War and the Navy to the appropriate army and navy officers, requiring them to be vigilant and to use their best exertions in carrying into effect the provisions of the act of 1818. Notwithstanding these precautions, the expedition has escaped from our shores. Such enterprises can do no possible good to the country, but have already inflicted much injury both on its interests and its character. They have prevented peaceful emigration from the United States to the States of Central America, which could not fail to prove highly beneficial to all the parties concerned. In a pecuniary point of view alone our citizens have sustained heavy losses from the seizure and closing of the transit route by the San Juan between the two oceans. The leader of the recent expedition was arrested at New Orleans, but was discharged on giving bail for his appearance in the insufficient sum of $2,000. I commend the whole subject to the serious attention of Congress, believing that our duty and our interest, as well as our national character, require that we should adopt such measures as will be effectual in restraining our citizens from committing such outrages. I regret to inform you that the President of Paraguay has refused to ratify the treaty between the United States and that State as amended by the Senate, the signature of which was mentioned in the message of my predecessor to Congress at the opening of its session in December, 1853. The reasons assigned for this refusal will appear in the correspondence herewith submitted. It being desirable to ascertain the fitness of the river La Plata and its tributaries for navigation by steam, the United States steamer Water Witch was sent thither for that purpose in 1853. This enterprise was successfully carried on until February, 1855, when, whilst in the peaceful prosecution of her voyage up the Parana River, the steamer was fired upon by a Paraguayan fort. The fire was returned, but as the Water Witch was of small force and not designed for offensive operations, she retired from the conflict. The pretext upon which the attack was made was a decree of the President of Paraguay of October, 1854, prohibiting foreign vessels of war from navigating the rivers of that State. As Paraguay, however, was the owner of but one bank of the river of that name, the other belonging to Corientes, a State of the Argentine Confederation, the right of its Government to expect that such a decree would be obeyed can not be acknowledged. But the Water Witch was not, properly speaking, a vessel of war. She was a small steamer engaged in a scientific enterprise intended for the advantage of commercial states generally. Under these circumstances I am constrained to consider the attack upon her as unjustifiable and as calling for satisfaction from the Paraguayan Government. Citizens of the United States also who were established in business in Paraguay have had their property seized and taken from them, and have otherwise been treated by the authorities in an insulting and arbitrary manner, which requires redress. A demand for these purposes will be made in a firm but conciliatory spirit. This will the more probably be granted if the Executive shall have authority to use other means in the event of a refusal. This is accordingly recommended. It is unnecessary to state in detail the alarming condition of the Territory of Kansas at the time of my inauguration. The opposing parties then stood in hostile array against each other, and any accident might have relighted the flames of civil war. Besides, at this critical moment Kansas was left without a governor by the resignation of Governor Geary. On the 19th of February previous the Territorial legislature had passed a law providing for the election of delegates on the third Monday of June to a convention to meet on the first Monday of September for the purpose of framing a constitution preparatory to admission into the Union. This law was in the main fair and just, and it is to be regretted that all the qualified electors had not registered themselves and voted under its provisions. At the time of the election for delegates an extensive organization existed in the Territory whose avowed object it was, if need be, to put down the lawful government by force and to establish a government of their own under the so-called Topeka constitution. The persons attached to this revolutionary organization abstained from taking any part in the election. The act of the Territorial legislature had omitted to provide for submitting to the people the constitution which might be framed by the convention, and in the excited state of public feeling throughout Kansas an apprehension extensively prevailed that a design existed to force upon them a constitution in relation to slavery against their will. In this emergency it became my duty, as it was my unquestionable right, having in view the union of all good citizens in support of the Territorial laws, to express an opinion on the true construction of the provisions concerning slavery contained in the organic act of Congress of the 30th May, 1854. Congress declared it to be "the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way." Under it Kansas, "when admitted as a State," was to "be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission." Did Congress mean by this language that the delegates elected to frame a constitution should have authority finally to decide the question of slavery, or did they intend by leaving it to the people that the people of Kansas themselves should decide this question by a direct vote? On this subject I confess I had never entertained a serious doubt, and therefore in my instructions to Governor Walker of the 28th March last I merely said that when "a constitution shall be submitted to the people of the Territory they must be protected in the exercise of their right of voting for or against that instrument, and the fair expression of the popular will must not be interrupted by fraud or violence." In expressing this opinion it was far from my intention to interfere with the decision of the people of Kansas, either for or against slavery. From this I have always carefully abstained. Intrusted with the duty of taking "care that the laws be faithfully executed," my only desire was that the people of Kansas should furnish to Congress the evidence required by the organic act, whether for or against slavery, and in this manner smooth their passage into the Union. In emerging from the condition of Territorial dependence into that of a sovereign State it was their duty, in my opinion, to make known their will by the votes of the majority on the direct question whether this important domestic institution should or should not continue to exist. Indeed, this was the only possible mode in which their will could be authentically ascertained. The election of delegates to a convention must necessarily take place in separate districts. From this cause it may readily happen, as has often been the case, that a majority of the people of a State or Territory are on one side of a question, whilst a majority of the representatives from the several districts into which it is divided may be upon the other side. This arises front the fact that in some districts delegates may be elected by small majorities, whilst in others those of different sentiments may receive majorities sufficiently great not only to overcome the votes given for the former, but to leave a large majority of the whole people in direct opposition to a majority of the delegates. Besides, our history proves that influences may be brought to bear on the representative sufficiently powerful to induce him to disregard the will of his constituents. The truth is that no other authentic and satisfactory mode exists of ascertaining the will of a majority of the people of any State or Territory on an important and exciting question like that of slavery in Kansas except by leaving it to a direct vote. How wise, then, was it for Congress to pass over all subordinate and intermediate agencies and proceed directly to the source of all legitimate power under our institutions! How vain would any other principle prove in practice! This may be illustrated by the case of Kansas. Should she be admitted into the Union with a constitution either maintaining or abolishing slavery against the sentiment of the people, this could have no other effect than to continue and to exasperate the existing agitation during the brief period required to make the constitution conform to the irresistible will of the majority. The friends and supporters of the Nebraska and Kansas act, when struggling on a recent occasion to sustain its wise provisions before the great tribunal of the American people, never differed about its true meaning on this subject. Everywhere throughout the Union they publicly pledged their faith and their honor that they would cheerfully submit the question of slavery to the decision of the bona fide people of Kansas, without any restriction or qualification whatever. All were cordially united upon the great doctrine of popular sovereignty, which is the vital principle of our free institutions. Had it then been insinuated from any quarter that it would be a sufficient compliance with the requisitions of the organic law for the members of a convention thereafter to be elected to withhold the question of slavery from the people and to substitute their own will for that of a legally ascertained majority of all their constituents, this would have been instantly rejected. Everywhere they remained true to the resolution adopted on a celebrated occasion recognizing "the right of the people of all the Territories, including Kansas and Nebraska, acting through the legally and fairly expressed will of a majority of actual residents, and whenever the number of their inhabitants justifies it, to form a constitution with or without slavery and be admitted into the Union upon terms of perfect equality with the other States." The convention to frame a constitution for Kansas met on the first Monday of September last. They were called together by virtue of an act of the Territorial legislature, whose lawful existence had been recognized by Congress in different forms and by different enactments. A large proportion of the citizens of Kansas did not think proper to register their names and to vote at the election for delegates; but an opportunity to do this having been fairly afforded, their refusal to avail themselves of their right could in no manner affect the legality of the convention. This convention proceeded to frame a constitution for Kansas, and finally adjourned on the 7th day of November. But little difficulty occurred in the convention except on the subject of slavery. The truth is that the general provisions of our recent State constitutions are so similar and, I may add, so excellent that the difference between them is not essential. Under the earlier practice of the Government no constitution framed by the convention of a Territory preparatory to its admission into the Union as a State had been submitted to the people. I trust, however, the example set by the last Congress, requiring that the constitution of Minnesota "should be subject to the approval and ratification of the people of the proposed State," may be followed on future occasions. I took it for granted that the convention of Kansas would act in accordance with this example, rounded, as it is, on correct principles, and hence my instructions to Governor Walker in favor of submitting the constitution to the people were expressed in general and unqualified terms. In the Kansas-Nebraska act, however, this requirement, as applicable to the whole constitution, had not been inserted, and the convention were not bound by its terms to submit any other portion of the instrument to an election except that which relates to the "domestic institution" of slavery. This will be rendered clear by a simple reference to its language. It was "not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way." According to the plain construction of the sentence, the words "domestic institutions" have a direct, as they have an appropriate, reference to slavery. "Domestic institutions" are limited to the family. The relation between master and slave and a few others are "domestic institutions," and are entirely distinct from institutions of a political character. Besides, there was no question then before Congress, nor, indeed, has there since been any serious question before the people of Kansas or the country, except that which relates to the "domestic institution" of slavery. The convention, after an angry and excited debate, finally determined, by a majority of only two, to submit the question of slavery to the people, though at the last forty-three of the fifty delegates present affixed their signatures to the constitution. A large majority of the convention were in favor of establishing slavery in Kansas. They accordingly inserted an article in the constitution for this purpose similar in form to those which had been adopted by other Territorial conventions. In the schedule, however, providing for the transition from a Territorial to a State government the question has been fairly and explicitly referred to the people whether they will have a constitution "with or without slavery." It declares that before the constitution adopted by the convention "shall be sent to Congress for admission into the Union as a State" an election shall be held to decide this question, at which all the white male inhabitants of the Territory above the age of 21 are entitled to vote. They are to vote by ballot, and "the ballots cast at said election shall be indorsed 'constitution with slavery' and 'constitution with no slavery.'" If there be a majority in favor of the "constitution with slavery," then it is to be transmitted to Congress by the president of the convention in its original form; if, on the contrary, there shall be a majority in favor of the "constitution with no slavery," "then the article providing for slavery shall be stricken from the constitution by the president of this convention;" and it is expressly declared that "no slavery shall exist in the State of Kansas, except that the right of property in slaves now in the Territory shall in no manner be interfered with;" and in that event it is made his duty to have the constitution thus ratified transmitted to the Congress of the United States for the admission of the State into the Union. At this election every citizen will have an opportunity of expressing his opinion by his vote "whether Kansas shall be received into the Union with or without slavery," and thus this exciting question may be peacefully settled in the very mode required by the organic law. The election will be held under legitimate authority, and if any portion of the inhabitants shall refuse to vote, a fair opportunity to do so having been presented, this will be their own voluntary act and they alone will be responsible for the consequences. Whether Kansas shall be a free or a slave State must eventually, under some authority, be decided by an election; and the question can never be more clearly or distinctly presented to the people than it is at the present moment. Should this opportunity be rejected she may be involved for years in domestic discord, and possibly in civil war, before she can again make up the issue now so fortunately tendered and again reach the point she has already attained. Kansas has for some years occupied too much of the public attention. It is high time this should be directed to far more important objects. When once admitted into the Union, whether with or without slavery, the excitement beyond her own limits will speedily pass away, and she will then for the first time be left, as she ought to have been long since, to manage her own affairs in her own way. If her constitution on the subject of slavery or on any other subject be displeasing to a majority of the people, no human power can prevent them from changing it within a brief period. Under these circumstances it may well be questioned whether the peace and quiet of the whole country are not of greater importance than the mere temporary triumph of either of the political parties in Kansas. Should the constitution without slavery be adopted by the votes of the majority, the rights of property in slaves now in the Territory are reserved. The number of these is very small, but if it were greater the provision would be equally just and reasonable. The slaves were brought into the Territory under the Constitution of the United States and are now the property of their masters. This point has at length been finally decided by the highest judicial tribunal of the country, and this upon the plain principle that when a confederacy of sovereign States acquire a new territory at their joint expense both equality and justice demand that the citizens of one and all of them shall have the right to take into it whatsoever is recognized as property by the common Constitution. To have summarily confiscated the property in slaves already in the Territory would have been an act of gross injustice and contrary to the practice of the older States of the Union which have abolished slavery. A Territorial government was established for Utah by act of Congress approved the 9th September, 1850, and the Constitution and laws of the United States were thereby extended over it "so far as the same or any provisions thereof may be applicable." This act provided for the appointment by the President, by and with the advice and consent of the Senate, of a governor (who was to be ex officio superintendent of Indian affairs), a secretary, three judges of the supreme court, a marshal, and a district attorney. Subsequent acts provided for the appointment of the officers necessary to extend our land and our Indian system over the Territory. Brigham Young was appointed the first governor on the 20th September, 1850, and has held the office ever since. Whilst Governor Young has been both governor and superintendent of Indian affairs throughout this period, he has been at the same time the head of the church called the Latter-day Saints, and professes to govern its members and dispose of their property by direct inspiration and authority from the Almighty. His power has been, therefore, absolute over both church and state. The people of Utah almost exclusively belong to this church, and believing with a fanatical spirit that he is governor of the Territory by divine appointment, they obey his commands as if these were direct revelations from Heaven. If, therefore, he chooses that his government shall come into collision with the Government of the United States, the members of the Mormon Church will yield implicit obedience to his will. Unfortunately, existing facts leave but little doubt that such is his determination. Without entering upon a minute history of occurrences, it is sufficient to say that all the officers of the United States, judicial and executive, with the single exception of two Indian agents, have found it necessary for their own personal safety to withdraw from the Territory, and there no longer remains any government in Utah but the despotism of Brigham Young. This being the condition of affairs in the Territory, I could not mistake the path of duty. As Chief Executive Magistrate I was bound to restore the supremacy of the Constitution and laws within its limits. In order to effect this purpose, I appointed a new governor and other Federal officers for Utah and sent with them a military force for their protection and to aid as a posse comitatus in case of need in the execution of the laws. With the religious opinions of the Mormons, as long as they remained mere opinions, however deplorable in themselves and revolting to the moral and religious sentiments of all Christendom, I had no right to interfere. Actions alone, when in violation of the Constitution and laws of the United States, become the legitimate subjects for the jurisdiction of the civil magistrate. My instructions to Governor Cumming have therefore been framed in strict accordance with these principles. At their date a hope was indulged that no necessity might exist for employing the military in restoring and maintaining the authority of the law, but this hope has now vanished. Governor Young has by proclamation declared his determination to maintain his power by force, and has already committed acts of hostility against the United States. Unless he should retrace his steps the Territory of Utah will be in a state of open rebellion. He has committed these acts of hostility notwithstanding Major Van Vliet, an officer of the Army, sent to Utah by the Commanding General to purchase provisions for the troops, had given him the strongest assurances of the peaceful intentions of the Government, and that the troops would only be employed as a posse comitatus when called on by the civil authority to aid in the execution of the laws. There is reason to believe that Governor Young has long contemplated this result. He knows that the continuance of his despotic power depends upon the exclusion of all settlers from the Territory except those who will acknowledge his divine mission and implicitly obey his will, and that an enlightened public opinion there would soon prostrate institutions at war with the laws both of God and man. "He has therefore for several years, in order to maintain his independence, been industriously employed in collecting and fabricating arms and munitions of war and in disciplining the Mormons for military service." As superintendent of Indian affairs he has had an opportunity of tampering with the Indian tribes and exciting their hostile feelings against the United States. This, according to our information, he has accomplished in regard to some of these tribes, while others have remained true to their allegiance and have communicated his intrigues to our Indian agents. He has laid in a store of provisions for three years, which in case of necessity, as he informed Major Van Vliet, he will conceal, "and then take to the mountains and bid defiance to all the powers of the Government." A great part of all this may be idle boasting, but yet no wise government will lightly estimate the efforts which may be inspired by such frenzied fanaticism as exists among the Mormons in Utah. This is the first rebellion which has existed in our Territories, and humanity itself requires that we should put it down in such a manner that it shall be the last. To trifle with it would be to encourage it and to render it formidable. We ought to go there with such an imposing force as to convince these deluded people that resistance would be vain, and thus spare the effusion of blood. We can in this manner best convince them that we are their friends, not their enemies. In order to accomplish this object it will be necessary, according to the estimate of the War Department, to raise four additional regiments; and this I earnestly recommend to Congress. At the present moment of depression in the revenues of the country I am sorry to be obliged to recommend such a measure; but I feel confident of the support of Congress, cost what it may, in suppressing the insurrection and in restoring and maintaining the sovereignty of the Constitution and laws over the Territory of Utah. I recommend to Congress the establishment of a Territorial government over Arizona, incorporating with it such portions of New Mexico as they may deem expedient. I need scarcely adduce arguments in support of this recommendation. We are bound to protect the lives and the property of our citizens inhabiting Arizona, and these are now without any efficient protection. Their present number is already considerable, and is rapidly increasing, notwithstanding the disadvantages under which they labor. Besides, the proposed Territory is believed to be rich in mineral and agricultural resources, especially in silver and copper. The mails of the United States to California are now carried over it throughout its whole extent, and this route is known to be the nearest and believed to be the best to the Pacific. Long experience has deeply convinced me that a strict construction of the powers granted to Congress is the only true, as well as the only safe, theory of the Constitution. Whilst this principle shall guide my public conduct, I consider it clear that under the war-making power Congress may appropriate money for the Construction of a military road through the Territories of the United States when this is absolutely necessary for the defense of any of the States against foreign invasion. The Constitution has conferred upon Congress power "to declare war," "to raise and support armies," "to provide and maintain a navy," and to call forth the militia to "repel invasions." These high sovereign powers necessarily involve important and responsible public duties, and among them there is none so sacred and so imperative as that of preserving our soil from the invasion of a foreign enemy. The Constitution has therefore left nothing on this point to construction, but expressly requires that "the United States shall protect each of them [the States] against invasion." Now if a military road over our own Territories be indispensably necessary to enable us to meet and repel the invader, it follows as a necessary consequence not only that we possess the power, but it is our imperative duty to construct such a road. It would be an absurdity to invest a government with the unlimited power to make and conduct war and at the same time deny to it the only means of reaching and defeating the enemy at the frontier. Without such a road it is quite evident we can not "protect" California and our Pacific possessions "against invasion." We can not by any other means transport men and munitions of war from the Atlantic States in sufficient time successfully to defend these remote and distant portions of the Republic. Experience has proved that the routes across the isthmus of Central America are at best but a very uncertain and unreliable mode of communication. But even if this were not the case, they would at once be closed against us in the event of war with a naval power so much stronger than our own as to enable it to blockade the ports at either end of these routes. After all, therefore, we can only rely upon a military road through our own Territories; and ever since the origin of the Government Congress has been in the practice of appropriating money from the public Treasury for the construction of such roads. The difficulties and the expense of constructing a military railroad to connect our Atlantic and Pacific States have been greatly exaggerated. The distance on the Arizona route, near the thirty-second parallel of north latitude, between the western boundary of Texas, on the Rio Grande, and the eastern boundary of California, on the Colorado, from the best explorations now within our knowledge, does not exceed 470 miles, and the face of the country is in the main favorable. For obvious reasons the Government ought not to undertake the work itself by means of its own agents. This ought to be committed to other agencies, which Congress might assist, either by grants of land or money, or by both, upon such terms and conditions as they may deem most beneficial for the country. Provision might thus be made not only for the safe, rapid, and economical transportation of troops and munitions of war, but also of the public mails. The commercial interests of the whole country, both East and West, would be greatly promoted by such a road, and, above all, it would be a powerful additional bond of union. And although advantages of this kind, whether postal, commercial, or political, can not confer constitutional power, yet they may furnish auxiliary arguments in favor of expediting a work which, in my judgment, is clearly embraced within the war-making power. For these reasons I commend to the friendly consideration of Congress the subject of the Pacific Railroad, without finally committing myself to any particular route. The report of the Secretary of the Treasury will furnish a detailed statement of the condition of the public finances and of the respective branches of the public service devolved upon that Department of the Government. By this report it appears that the amount of revenue received from all sources into the Treasury during the fiscal year ending the 30th June, 1857, was $68,631,513.67, which amount, with the balance of $19,901,325.45 remaining in the Treasury at the commencement of the year, made an aggregate for the service of the year of $88,532,839.12. The public expenditures for the fiscal year ending 30th June, 1857, amounted to $70,822,724.85, of which $5,943,896.91 were applied to the redemption of the public debt, including interest and premium, leaving in the Treasury at the commencement of the present fiscal year, on the 1st July, 1857, $17,710,114.27. The receipts into the Treasury for the first quarter of the present fiscal year, commencing 1st July, 1857, were $20,929,819.81, and the estimated receipts of the remaining three quarters to the 30th June, 1858, are $36,750,000, making, with the balance before stated, an aggregate of $75,389,934.08 for the service of the present fiscal year. The actual expenditures during the first quarter of the present fiscal year were $23,714,528.37, of which $3,895,232.39 were applied to the redemption of the public debt, including interest and premium. The probable expenditures of the remaining three quarters to 30th June, 1858, are $51,248,530.04, including interest on the public debt, making an aggregate of $74,963,058.41, leaving an estimated balance in the Treasury at the close of the present fiscal year of $426,875.67. The amount of the public debt at the commencement of the present fiscal year was $29,060,386.90. The amount redeemed since the 1st of July was $3,895,232.39, leaving a balance unredeemed at this time of $25,165,154.51. The amount of estimated expenditures for the remaining three quarters of the present fiscal year will in all probability be increased from the causes set forth in the report of the Secretary. His suggestion, therefore, that authority should be given to supply any temporary deficiency by the issue of a limited amount of Treasury notes is approved, and I accordingly recommend the passage of such a law. As stated in the report of the Secretary, the tariff of March 3, 1857, has been in operation for so short a period of time and under circumstances so unfavorable to a just development of its results as a revenue measure that I should regard it as inexpedient, at least for the present, to undertake its revision. I transmit herewith the reports made to me by the Secretaries of War and of the Navy, of the Interior, and of the Postmaster-General. They all contain valuable and important information and suggestions, which I commend to the favorable consideration of Congress. I have already recommended the raising of four additional regiments, and the report of the Secretary of War presents strong reasons proving this increase of the Army under existing circumstances to be indispensable. I would call the special attention of Congress to the recommendation of the Secretary of the Navy in favor of the construction of ten small war steamers of light draft. For some years the Government has been obliged on many occasions to hire such steamers from individuals to supply its pressing wants. At the present moment we have no armed vessel in the Navy which can penetrate the rivers of China. We have but few which can enter any of the harbors south of Norfolk, although many millions of foreign and domestic commerce annually pass in and out of these harbors. Some of our most valuable interests and most vulnerable points are thus left exposed. This class of vessels of light draft, great speed, and heavy guns would be formidable in coast defense. The cost of their construction will not be great and they will require but a comparatively small expenditure to keep them in commission. In time of peace they will prove as effective as much larger vessels and more useful. One of them should be at every station where we maintain a squadron, and three or four should be constantly employed on our Atlantic and Pacific coasts. Economy, utility, and efficiency combine to recommend them as almost indispensable. Ten of these small vessels would be of incalculable advantage to the naval service, and the whole cost of their construction would not exceed $2,300,000, or $230,000 each. The report of the Secretary of the Interior is worthy of grave consideration. It treats of the numerous important and diversified branches of domestic administration intrusted to him by law. Among these the most prominent are the public lands and our relations with the Indians. Our system for the disposal of the public lands, originating with the fathers of the Republic, has been improved as experience pointed the way, and gradually adapted to the growth and settlement of our Western States and Territories. It has worked well in practice. Already thirteen States and seven Territories have been carved out of these lands, and still more than a thousand millions of acres remain unsold. What a boundless prospect this presents to our country of future prosperity and power! We have heretofore disposed of 363,862,464 acres of the public land. Whilst the public lands, as a source of revenue, are of great importance, their importance is far greater as furnishing homes for a hardy and independent race of honest and industrious citizens who desire to subdue and cultivate the soil. They ought to be administered mainly with a view of promoting this wise and benevolent policy. In appropriating them for any other purpose we ought to use even greater economy than if they had been converted into money and the proceeds were already in the public Treasury. To squander away this richest and noblest inheritance which any people have ever enjoyed upon objects of doubtful constitutionality or expediency would be to violate one of the most important trusts ever committed to any people. Whilst I do not deny to Congress the power, when acting bona fide as a proprietor, to give away portions of them for the purpose of increasing the value of the remainder, yet, considering the great temptation to abuse this power, we can not be too cautious in its exercise. Actual settlers under existing laws are protected against other purchasers at the public sales in their right of preemption to the extent of a quarter section, or 160 acres, of land. The remainder may then be disposed of at public or entered at private sale in unlimited quantities. Speculation has of late years prevailed to a great extent in the public lands. The consequence has been that large portions of them have become the property of individuals and companies, and thus the price is greatly enhanced to those who desire to purchase for actual settlement. In order to limit the area of speculation as much as possible, the extinction of the Indian title and the extension of the public surveys ought only to keep pace with the tide of emigration. If Congress should hereafter grant alternate sections to States or companies, as they have done heretofore, I recommend that the intermediate sections retained by the Government should be subject to preemption by actual settlers. It ought ever to be our cardinal policy to reserve the public lands as much as may be for actual settlers, and this at moderate prices. We shall thus not only best promote the prosperity of the new States and Territories and the power of the Union, but shall secure homes for our posterity for many generations. The extension of our limits has brought within our jurisdiction many additional and populous tribes of Indians, a large proportion of which are wild, untractable, and difficult to control. Predatory and warlike in their disposition and habits, it is impossible altogether to restrain them from committing aggressions on each other, as well as upon our frontier citizens and those emigrating to our distant States and Territories. Hence expensive military expeditions are frequently necessary to overawe and chastise the more lawless and hostile. The present system of making them valuable presents to influence them to remain at peace has proved ineffectual. It is believed to be the better policy to colonize them in suitable localities where they can receive the rudiments of education and be gradually induced to adopt habits of industry. So far as the experiment has been tried it has worked well in practice, and it will doubtless prove to be less expensive than the present system. The whole number of Indians within our territorial limits is believed to be, from the best data in the Interior Department, about 325,000. The tribes of Cherokees, Choctaws, Chickasaws, and Creeks settled in the Territory set apart for them west of Arkansas are rapidly advancing in education and in all the arts of civilization and self-government and we may indulge the agreeable anticipation that at no very distant day they will be incorporated into the Union as one of the sovereign States. It will be seen from the report of the Postmaster-General that the Post-Office Department still continues to depend on the Treasury, as it has been compelled to do for several years past, for an important portion of the means of sustaining and extending its operations. Their rapid growth and expansion are shown by a decennial statement of the number of post-offices and the length of post-roads, commencing with the year 1827. In that year there were 7,000 post-offices; in 1837, 11,177; in 1847, 15,146, and in 1857 they number 26,586. In this year 1,725 post-offices have been established and 704 discontinued, leaving a net increase of 1,021. The postmasters of 368 offices are appointed by the President. The length of post-roads in 1827 was 105,336 miles; in 1837,141,242 miles; in 1847, 153,818 miles, and in the year 1857 there are 242,601 miles of post-road, including 22,530 miles of railroad on which the mails are transported. The expenditures of the Department for the fiscal year ending on the 30th June, 1857, as adjusted by the Auditor, amounted to $11,507,670. To defray these expenditures there was to the credit of the Department on the 1st July, 1856, the sum of $789,599; the gross revenue of the year, including the annual allowances for the transportation of free mail matter, produced $8,053,951, and the remainder was supplied by the appropriation from the Treasury of $2,250,000 granted by the act of Congress approved August 18, 1856, and by the appropriation of $666,883 made by the act of March 3, 1857, leaving $252,763 to be carried to the credit of the Department in the accounts of the current year. I commend to your consideration the report of the Department in relation to the establishment of the overland mail route from the Mississippi River to San Francisco, Cal. The route was selected with my full concurrence, as the one, in my judgment, best calculated to attain the important objects contemplated by Congress. The late disastrous monetary revulsion may have one good effect should it cause both the Government and the people to return to the practice of a wise and judicious economy both in public and private expenditures. An overflowing Treasury has led to habits of prodigality and extravagance in our legislation. It has induced Congress to make large appropriations to objects for which they never would have provided had it been necessary to raise the amount of revenue required to meet them by increased taxation or by loans. We are now compelled to pause in our career and to scrutinize our expenditures with the utmost vigilance; and in performing this duty I pledge my cooperation to the extent of my constitutional competency. It ought to be observed at the same time that true public economy does not consist in withholding the means necessary to accomplish important national objects intrusted to us by the Constitution, and especially such as may be necessary for the common defense. In the present crisis of the country it is our duty to confine our appropriations to objects of this character, unless in cases where justice to individuals may demand a different course. In all cases care ought to be taken that the money granted by Congress shall be faithfully and economically applied. Under the Federal Constitution "every bill which shall have passed the House of Representatives and the Senate shall, before it become a law," be approved and signed by the President; and if not approved, "he shall return it with his objections to that House in which it shall have originated." In order to perform this high and responsible duty, sufficient time must be allowed the President to read and examine every bill presented to him for approval. Unless this be afforded, the Constitution becomes a dead letter in this particular, and; even worse, it becomes a means of deception. Our constituents, seeing the President's approval and signature attached to each act of Congress, are induced to believe that he has actually performed his duty, when in truth nothing is in many cases more unfounded. From the practice of Congress such an examination of each bill as the Constitution requires has been rendered impossible. The most important business of each session is generally crowded into its last hours, and the alternative presented to the President is either to violate the constitutional duty which he owes to the people and approve bills which for want of time it is impossible he should have examined, or by his refusal to do this subject the country and individuals to great loss and inconvenience. Besides, a practice has grown up of late years to legislate in appropriation bills at the last hours of the session on new and important subjects. This practice constrains the President either to suffer measures to become laws which he does not approve or to incur the risk of stopping the wheels of the Government by vetoing an appropriation bill. Formerly such bills were confined to specific appropriations for carrying into effect existing laws and the well-established policy of the country, and little time was then requited by the President for their examination. For my own part, I have deliberately determined that I shall approve no bills which I have not examined, and it will be a case of extreme and most urgent necessity which shall ever induce me to depart from this rule. I therefore respectfully but earnestly recommend that the two Houses would allow the President at least two days previous to the adjournment of each session within which no new bill shall be presented to him for approval. Under the existing joint rule one day is allowed, but this rule has been hitherto so constantly suspended in practice that important bills continue to be presented to him up till the very last moments of the session. In a large majority of cases no great public inconvenience can arise from the want of time to examine their provisions, because the Constitution has declared that if a bill be presented to the President within the last ten days of the session he is not required to return it, either with an approval or with a veto, "in which case it shall not be a law." It may then lie over and be taken up and passed at the next session. Great inconvenience would only be experienced in regard to appropriation bills, but, fortunately, under the late excellent law allowing a salary instead of a per diem to members of Congress the expense and inconvenience of a called session will be greatly reduced. I can not conclude without commending to your favorable consideration the interest of the people of this District. Without a representative on the floor of Congress, they have for this very reason peculiar claims upon our just regard. To this I know, from my long acquaintance with them, they are eminently entitled.
In obedience to the command of the Constitution, it has now become my duty "to give to Congress information of the state of the Union and recommend to their consideration such measures" as I judge to be "necessary and expedient." But first and above all, our thanks are due to Almighty God for the numerous benefits which He has bestowed upon this people, and our united prayers ought to ascend to Him that He would continue to bless our great Republic in time to come as He has blessed it in time past. Since the adjournment of the last Congress our constituents have enjoyed an unusual degree of health. The earth has yielded her fruits abundantly and has bountifully rewarded the toil of the husbandman. Our great staples have commanded high prices, and up till within a brief period our manufacturing, mineral, and mechanical occupations have largely partaken of the general prosperity. We have possessed all the elements of material wealth in rich abundance, and yet, notwithstanding all these advantages, our country in its monetary interests is at the present moment in a deplorable condition. In the midst of unsurpassed plenty in all the productions of agriculture and in all the elements of national wealth, we find our manufactures suspended, our public works retarded, our private enterprises of different kinds abandoned, and thousands of useful laborers thrown out of employment and reduced to want. The revenue of the Government, which is chiefly derived from duties on imports from abroad, has been greatly reduced, whilst the appropriations made by Congress at its last session for the current fiscal year are very large in amount. Under these circumstances a loan may be required before the close of your present session; but this, although deeply to be regretted, would prove to be only a slight misfortune when compared with the suffering and distress prevailing among the people. With this the Government can not fail deeply to sympathize, though it may be without the power to extend relief. It is our duty to inquire what has produced such unfortunate results and whether their recurrence can be prevented. In all former revulsions the blame might have been fairly attributed to a variety of cooperating causes, but not so upon the present occasion. It is apparent that our existing misfortunes have proceeded solely from our extravagant and vicious system of paper currency and bank credits, exciting the people to wild speculations and gambling in stocks. These revulsions must continue to recur at successive intervals so long as the amount of the paper currency and bank loans and discounts of the country shall be left to the discretion of 1,400 irresponsible banking institutions, which from the very law of their nature will consult the interest of their stockholders rather than the public welfare. The framers of the Constitution, when they gave to Congress the power "to coin money and to regulate the value thereof" and prohibited the States from coining money, emitting bills of credit, or making anything but gold and silver coin a tender in payment of debts, supposed they had protected the people against the evils of an excessive and irredeemable paper currency. They are not responsible for the existing anomaly that a Government endowed with the sovereign attribute of coining money and regulating the value thereof should have no power to prevent others from driving this coin out of the country and filling up the channels of circulation with paper which does not represent gold and silver. It is one of the highest and most responsible duties of Government to insure to the people a sound circulating medium, the amount of which ought to be adapted with the utmost possible wisdom and skill to the wants of internal trade and foreign exchanges. If this be either greatly above or greatly below the proper standard, the marketable value of every man's property is increased or diminished in the same proportion, and injustice to individuals as well as incalculable evils to the community are the consequence. Unfortunately, under the construction of the Federal Constitution which has now prevailed too long to be changed this important and delicate duty has been dissevered from the coining power and virtually transferred to more than 1,400 State banks acting independently of each other and regulating their paper issues almost exclusively by a regard to the present interest of their stockholders. Exercising the sovereign power of providing a paper currency instead of coin for the country, the first duty which these banks owe to the public is to keep in their vaults a sufficient amount of gold and silver to insure the convertibility of their notes into coin at all times and under all circumstances. No bank ought ever to be chartered without such restrictions on its business as to secure this result. All other restrictions are comparatively vain. This is the only true touchstone, the only efficient regulator of a paper currency--the only one which can guard the public against overissues and bank suspensions. As a collateral and eventual security, it is doubtless wise, and in all cases ought to be required, that banks shall hold an amount of United States or State securities equal to their notes in circulation and pledged for their redemption. This, however, furnishes no adequate security against overissue. On the contrary, it may be perverted to inflate the currency. Indeed, it is possible by this means to convert all the debts of the United States and State Governments into bank notes, without reference to the specie required to redeem them. However valuable these securities may be in themselves, they can not be converted into gold and silver at the moment of pressure, as our experience teaches, in sufficient time to prevent bank suspensions and the depreciation of bank notes. In England, which is to a considerable extent a paper-money country, though vastly behind our own in this respect, it was deemed advisable, anterior to the act of Parliament of 1844, which wisely separated the issue of notes from the banking department, for the Bank of England always to keep on hand gold and silver equal to one-third of its combined circulation and deposits. If this proportion was no more than sufficient to secure the convertibility of its notes with the whole of Great Britain and to some extent the continent of Europe as a field for its circulation, rendering it almost impossible that a sudden and immediate run to a dangerous amount should be made upon it, the same proportion would certainly be insufficient under our banking system. Each of our 1,400 banks has but a limited circumference for its circulation, and in the course of a very few days the depositors and note holders might demand from such a bank a sufficient amount in specie to compel it to suspend, even although it had coin in its vaults equal to one-third of its immediate liabilities. And yet I am not aware, with the exception of the banks of Louisiana, that any State bank throughout the Union has been required by its charter to keep this or any other proportion of gold and silver compared with the amount of its combined circulation and deposits. What has been the consequence? In a recent report made by the Treasury Department on the condition of the banks throughout the different States, according to returns dated nearest to January, 1857, the aggregate amount of actual specie in their vaults is $58,349,838, of their circulation $214,778,822, and of their deposits $230,351,352. Thus it appears that these banks in the aggregate have considerably less than one dollar in seven of gold and silver compared with their circulation and deposits. It was palpable, therefore, that the very first pressure must drive them to suspension and deprive the people of a convertible currency, with all its disastrous consequences. It is truly wonderful that they should have so long continued to preserve their credit when a demand for the payment of one-seventh of their immediate liabilities would have driven them into insolvency. And this is the condition of the banks, notwithstanding that four hundred millions of gold from California have flowed in upon us within the last eight years, and the tide still continues to flow. Indeed, such has been the extravagance of bank credits that the banks now hold a considerably less amount of specie, either in proportion to their capital or to their circulation and deposits combined, than they did before the discovery of gold in California. Whilst in the year 1848 their specie in proportion to their capital was more than equal to one dollar for four and a half, in 1857 it does not amount to one dollar for every six dollars and thirty-three cents of their capital. In the year 1848 the specie was equal within a very small fraction to one dollar in five of their circulation and deposits; in 1857 it is not equal to one dollar in seven and a half of their circulation and deposits. From this statement it is easy to account for our financial history for the last forty years. It has been a history of extravagant expansions in the business of the country, followed by ruinous contractions. At successive intervals the best and most enterprising men have been tempted to their ruin by excessive bank loans of mere paper credit, exciting them to extravagant importations of foreign goods, wild speculations, and ruinous and demoralizing stock gambling. When the crisis arrives, as arrive it must, the banks can extend no relief to the people. In a vain struggle to redeem their liabilities in specie they are compelled to contract their loans and their issues, and at last, in the hour of distress, when their assistance is most needed, they and their debtors together sink into insolvency. It is this paper system of extravagant expansion, raising the nominal price of every article far beyond its real value when compared with the cost of similar articles in countries whose circulation is wisely regulated, which has prevented us from competing in our own markets with foreign manufacturers, has produced extravagant importations, and has counteracted the effect of the large incidental protection afforded to our domestic manufactures by the present revenue tariff. But for this the branches of our manufactures composed of raw materials, the production of our own country--such as cotton, iron, and woolen fabrics--would not only have acquired almost exclusive possession of the home market, but would have created for themselves a foreign market throughout the world. Deplorable, however, as may be our present financial condition, we may yet indulge in bright hopes for the future. No other nation has ever existed which could have endured such violent expansions and contractions of paper credits without lasting injury; yet the buoyancy of youth, the energies of our population, and the spirit which never quails before difficulties will enable us soon to recover from our present financial embarrassments, and may even occasion us speedily to forget the lesson which they have taught. In the meantime it is the duty of the Government, by all proper means within its power, to aid in alleviating the sufferings of the people occasioned by the suspension of the banks and to provide against a recurrence of the same calamity. Unfortunately, in either aspect of the ease it can do but little. Thanks to the independent treasury, the Government has not suspended payment, as it was compelled to do by the failure of the banks in 1837. It will continue to discharge its liabilities to the people in gold and silver. Its disbursements in coin will pass into circulation and materially assist in restoring a sound currency. From its high credit, should we be compelled to make a temporary loan, it can be effected on advantageous terms. This, however, shall if possible be avoided, but if not, then the amount shall be limited to the lowest practicable sum. I have therefore determined that whilst no useful Government works already in progress shall be suspended, new works not already commenced will be postponed if this can be done without injury to the country. Those necessary for its defense shall proceed as though there had been no crisis in our monetary affairs. But the Federal Government can not do much to provide against a recurrence of existing evils. Even if insurmountable constitutional objections did not exist against the creation of a national bank, this would furnish no adequate preventive security. The history of the last Bank of the United States abundantly proves the truth of this assertion. Such a bank could not, if it would, regulate the issues and credits of 1,400 State banks in such a manner as to prevent the ruinous expansions and contractions in our currency which afflicted the country throughout the existence of the late bank, or secure us against future suspensions. In 1825 an effort was made by the Bank of England to curtail the issues of the country banks under the most favorable circumstances. The paper currency had been expanded to a ruinous extent, and the bank put forth all its power to contract it in order to reduce prices and restore the equilibrium of the foreign exchanges. It accordingly commenced a system of curtailment of its loans and issues, in the vain hope that the joint stock and private banks of the Kingdom would be compelled to follow its example. It found, however, that as it contracted they expanded, and at the end of the process, to employ the language of a very high official authority, "whatever reduction of the paper circulation was effected by the Bank of England (in 1825) was more than made up by the issues of the country banks." But a bank of the United States would not, if it could, restrain the issues and loans of the State banks, because its duty as a regulator of the currency must often be in direct conflict with the immediate interest of its stockholders. if we expect one agent to restrain or control another, their interests must, at least in some degree, be antagonistic. But the directors of a bank of the United States would feel the same interest and the same inclination with the directors of the State banks to expand the currency, to accommodate their favorites and friends with loans, and to declare large dividends. Such has been our experience in regard to the last bank. After all, we must mainly rely upon the patriotism and wisdom of the States for the prevention and redress of the evil. If they will afford us a real specie basis for our paper circulation by increasing the denomination of bank notes, first to twenty and afterwards to fifty dollars; if they will require that the banks shall at all times keep on hand at least one dollar of gold and silver for every three dollars of their circulation and deposits, and if they will provide by a self-executing enactment, which nothing can arrest, that the moment they suspend they shall go into liquidation, I believe that such provisions, with a weekly publication by each bank of a statement of its condition, would go far to secure us against future suspensions of specie payments. Congress, in my opinion, possess the power to pass a uniform bankrupt law applicable to all banking institutions throughout the United States, and I strongly recommend its exercise. This would make it the irreversible organic law of each bank's existence that a suspension of specie payments shall produce its civil death. The instinct of self-preservation would then compel it to perform its duties in such a manner as to escape the penalty and preserve its life. The existence of banks and the circulation of bank paper are so identified with the habits of our people that they can not at this day be suddenly abolished without much immediate injury to the country. If we could confine them to their appropriate sphere and prevent them from administering to the spirit of wild and reckless speculation by extravagant loans and issues, they might be continued with advantage to the public. But this I say, after long and much reflection: If experience shall prove it to be impossible to enjoy the facilities which well-regulated banks might afford without at the same time suffering the calamities which the excesses of the banks have hitherto inflicted upon the country, it would then be far the lesser evil to deprive them altogether of the power to issue a paper currency and confine them to the functions of banks of deposit and discount. Our relations with foreign governments are upon the whole in a satisfactory condition. The diplomatic difficulties which existed between the Government of the United States and that of Great Britain at the adjournment of the last Congress have been happily terminated by the appointment of a British minister to this country, who has been cordially received. Whilst it is greatly to the interest, as I am convinced it is the sincere desire, of the Governments and people of the two countries to be on terms of intimate friendship with each other, it has been our misfortune almost always to have had some irritating, if not dangerous, outstanding question with Great Britain. Since the origin of the Government we have been employed in negotiating treaties with that power, and afterwards in discussing their true intent and meaning. In this respect the convention of April 19, 1850, commonly called the Clayton and Bulwer treaty, has been the most unfortunate of all, because the two Governments place directly opposite and contradictory constructions upon its first and most important article. Whilst in the United States we believed that this treaty would place both powers upon an exact equality by the stipulation that neither will ever "occupy, or fortify, or colonize, or assume, or exercise any dominion" over any part of Central America, it is contended by the British Government that the true construction of this language has left them in the rightful possession of all that portion of Central America which was in their occupancy at the date of the treaty; in fact, that the treaty is a virtual recognition on the part of the United States of the right of Great Britain, either as owner or protector, to the whole extensive coast of Central America, sweeping round from the Rio Hondo to the port and harbor of San Juan de Nicaragua, together with the adjacent Bay Islands, except the comparatively small portion of this between the Sarstoon and Cape Honduras. According to their construction, the treaty does no more than simply prohibit them from extending their possessions in Central America beyond the present limits. It is not too much to assert that if in the United States the treaty had been considered susceptible of such a construction it never would have been negotiated under the authority of the President, nor would it have received the approbation of the Senate. The universal conviction in the United States was that when our Government consented to violate its traditional and time-honored policy and to stipulate with a foreign government never to occupy or acquire territory in the Central American portion of our own continent, the consideration for this sacrifice was that Great Britain should, in this respect at least, be placed in the same position with ourselves. Whilst we have no right to doubt the sincerity of the British Government in their construction of the treaty, it is at the same time my deliberate conviction that this construction is in opposition both to its letter and its spirit. Under the late Administration negotiations were instituted between the two Governments for the purpose, if possible, of removing these difficulties, and a treaty having this laudable object in view was signed at London on the 17th October, 1856, and was submitted by the President to the Senate on the following 10th of December. Whether this treaty, either in its original or amended form, would have accomplished the object intended without giving birth to new and embarrassing complications between the two Governments, may perhaps be well questioned. Certain it is, however, it was rendered much less objectionable by the different amendments made to it by the Senate. The treaty as amended was ratified by me on the 12th March, 1857, and was transmitted to London for ratification by the British Government. That Government expressed its willingness to concur in all the amendments made by the Senate with the single exception of the clause relating to Ruatan and the other islands in the Bay of Honduras. The article in the original treaty as submitted to the Senate, after reciting that these islands and their inhabitants "having been, by a convention bearing date the 27th day of August, 1856, between Her Britannic Majesty and the Republic of Honduras, constituted and declared a free territory under the sovereignty of the said Republic of Honduras," stipulated that "the two contracting parties do hereby mutually engage to recognize and respect in all future time the independence and rights of the said free territory as a part of the Republic of Honduras." Upon an examination of this convention between Great Britain and Honduras of the 27th August, 1856, it was found that whilst declaring the Bay Islands to be "a free territory under the sovereignty of the Republic of Honduras" it deprived that Republic of rights without which its sovereignty over them could scarcely be said to exist. It divided them from the remainder of Honduras and gave to their inhabitants a separate government of their own, with legislative, executive, and judicial officers elected by themselves. It deprived the Government of Honduras of the taxing power in every form and exempted the people of the islands from the performance of military duty except for their own exclusive defense. It also prohibited that Republic from erecting fortifications upon them for their protection, thus leaving them open to invasion from any quarter; and, finally, it provided "that slavery shall not at any time hereafter be permitted to exist therein." Had Honduras ratified this convention, she would have ratified the establishment of a state substantially independent within her own limits, and a state at all times subject to British influence and control. Moreover, had the United States ratified the treaty with Great Britain in its original form, we should have been bound "to recognize and respect in all future time" these stipulations to the prejudice of Honduras. Being in direct opposition to the spirit and meaning of the Clayton and Bulwer treaty as understood in the United States, the Senate rejected the entire clause, and substituted in its stead a simple recognition of the sovereign right of Honduras to these islands in the following language: The two contracting parties do hereby mutually engage to recognize and respect the islands of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Moral, situate in the Bay of Honduras and off the coast of the Republic of Honduras, as under the sovereignty and as part of the said Republic of Honduras. Great Britain rejected this amendment, assigning as the only reason that the ratifications of the convention of the 27th August, 1856, between her and Honduras had not been "exchanged, owing to the hesitation of that Government." Had this been done, it is stated that "Her Majesty's Government would have had little difficulty in agreeing to the modification proposed by the Senate, which then would have had in effect the same signification as the original wording." Whether this would have been the effect, whether the mere circumstance of the exchange of the ratifications of the British convention with Honduras prior in point of time to the ratification of our treaty with Great Britain would "in effect" have had "the same signification as the original wording," and thus have nullified the amendment of the Senate, may well be doubted. It is, perhaps, fortunate that the question has never arisen. The British Government, immediately after rejecting the treaty as amended, proposed to enter into a new treaty with the United States, similar in all respects to the treaty which they had just refused to ratify, if the United States would consent to add to the Senate's clear and unqualified recognition of the sovereignty of Honduras over the Bay Islands the following conditional stipulation: Whenever and so soon as the Republic of Honduras shall have concluded and ratified a treaty with Great Britain by which Great Britain shall have ceded and the Republic of Honduras shall have accepted the said islands, subject to the provisions and conditions contained in such treaty. This proposition was, of course, rejected. After the Senate had refused to recognize the British convention with Honduras of the 27th August, 1856, with full knowledge of its contents, it was impossible for me, necessarily ignorant of "the provisions and conditions" which might be contained in a future convention between the same parties, to sanction them in advance. The fact is that when two nations like Great Britain and the United States, mutually desirous, as they are, and I trust ever may be, of maintaining the most friendly relations with each other, have unfortunately concluded a treaty which they understand in senses directly opposite, the wisest course is to abrogate such a treaty by mutual consent and to commence anew. Had this been done promptly, all difficulties in Central America would most probably ere this have been adjusted to the satisfaction of both parties. The time spent in discussing the meaning of the Clayton and Bulwer treaty would have been devoted to this praiseworthy purpose, and the task would have been the more easily accomplished because the interest of the two countries in Central America is identical, being confined to securing safe transits over all the routes across the Isthmus. Whilst entertaining these sentiments, I shall, nevertheless, not refuse to contribute to any reasonable adjustment of the Central American questions which is not practically inconsistent with the American interpretation of the treaty. Overtures for this purpose have been recently made by the British Government in a friendly spirit, which I cordially reciprocate, but whether this renewed effort will result in success I am not yet prepared to express an opinion. A brief period will determine. With France our ancient relations of friendship still continue to exist. The French Government have in several recent instances, which need not be enumerated, evinced a spirit of good will and kindness toward our country, which I heartily reciprocate. It is, notwithstanding, much to be regretted that two nations whose productions are of such a character as to invite the most extensive exchanges and freest commercial intercourse should continue to enforce ancient and obsolete restrictions of trade against each other. Our commercial treaty with France is in this respect an exception from our treaties with all other commercial nations. It jealously levies discriminating duties both on tonnage and on articles the growth, produce, or manufacture of the one country when arriving in vessels belonging to the other. More than forty years ago, on the 3d March, 1815, Congress passed an act offering to all nations to admit their vessels laden with their national productions into the ports of the United States upon the same terms with our own vessels provided they would reciprocate to us similar advantages. This act confined the reciprocity to the productions of the respective foreign nations who might enter into the proposed arrangement with the United States. The act of May 24, 1828, removed this restriction and offered a similar reciprocity to all such vessels without reference to the origin of their cargoes. Upon these principles our commercial treaties and arrangements have been rounded, except with France, and let us hope that this exception may not long exist. Our relations with Russia remain, as they have ever been, on the most friendly footing. The present Emperor, as well as his predecessors, have never failed when the occasion offered to manifest their good will to our country, and their friendship has always been highly appreciated by the Government and people of the United States. With all other European Governments, except that of Spain, our relations are as peaceful as we could desire. I regret to say that no progress whatever has been made since the adjournment of Congress toward the settlement of any of the numerous claims of our citizens against the Spanish Government. Besides, the outrage committed on our flag by the Spanish war frigate Ferrolana on the high seas off the coast of Cuba in March, 1855, by firing into the American mail steamer El Dorado and detaining and searching her, remains unacknowledged and unredressed. The general tone and temper of the Spanish Government toward that of the United States are much to be regretted. Our present envoy extraordinary and minister plenipotentiary to Madrid has asked to be recalled, and it is my purpose to send out a new minister to Spain with special instructions on all questions pending between the two Governments, and with a determination to have them speedily and amicably adjusted if this be possible. In the meantime, whenever our minister urges the just claims of our citizens on the notice of the Spanish Government he is met with the objection that Congress has never made the appropriation recommended by President Polk in his annual message of December, 1847, "to be paid to the Spanish Government for the purpose of distribution among the claimants in the Amistad case." A similar recommendation was made by my immediate predecessor in his message of December, 1853, and entirely concurring with both in the opinion that this indemnity is justly due under the treaty with Spain of the 27th of October, 1795, I earnestly recommend such an appropriation to the favorable consideration of Congress. A treaty of friendship and commerce was concluded at Constantinople on the 13th December, 1856, between the United States and Persia, the ratifications of which were exchanged at Constantinople on the 13th June, 1857, and the treaty was proclaimed by the President on the 18th August, 1857. This treaty, it is believed, will prove beneficial to American commerce. The Shah has manifested an earnest disposition to cultivate friendly relations with our country, and has expressed a strong wish that we should be represented at Teheran by a minister plenipotentiary; and I recommend that an appropriation be made for this purpose. Recent occurrences in China have been unfavorable to a revision of the treaty with that Empire of the 3d July, 1844, with a view to the security and extension of our commerce. The twenty-fourth article of this treaty stipulated for a revision of it in case experience should prove this to be requisite, "in which case the two Governments will, at the expiration of twelve years from the date of said convention, treat amicably concerning the same by means of suitable persons appointed to conduct such negotiations." These twelve years expired on the 3d July, 1856, but long before that period it was ascertained that important changes in the treaty were necessary, and several fruitless attempts were made by the commissioner of the United States to effect these changes. Another effort was about to be made for the same purpose by our commissioner in conjunction with the ministers of England and France, but this was suspended by the occurrence of hostilities in the Canton River between Great Britain and the Chinese Empire. These hostilities have necessarily interrupted the trade of all nations with Canton, which is now in a state of blockade, and have occasioned a serious loss of life and property. Meanwhile the insurrection within the Empire against the existing imperial dynasty still continues, and it is difficult to anticipate what will be the result. Under these circumstances I have deemed it advisable to appoint a distinguished citizen of Pennsylvania envoy extraordinary and minister plenipotentiary to proceed to China and to avail himself of any opportunities which may offer to effect changes in the existing treaty favorable to American commerce. He left the United States for the place of his destination in July last in the war steamer Minnesota. Special ministers to China have also been appointed by the Governments of Great Britain and France. Whilst our minister has been instructed to occupy a neutral position in reference to the existing hostilities at Canton, he will cordially cooperate with the British and French ministers in all peaceful measures to secure by treaty stipulations those just concessions to commerce which the nations of the world have a right to expect and which China can not long be permitted to withhold. From assurances received I entertain no doubt that the three ministers will act in harmonious concert to obtain similar commercial treaties for each of the powers they represent. We can not fail to feel a deep interest in all that concerns the welfare of the independent Republics on our own continent, as well as of the Empire of Brazil. Our difficulties with New Granada, which a short time since bore so threatening an aspect, are, it is to be hoped, in a fair train of settlement in a manner just and honorable to both parties. The isthmus of Central America, including that of Panama, is the great highway between the Atlantic and Pacific over which a large portion of the commerce of the world is destined to pass. The United States are more deeply interested than any other nation in preserving the freedom and security of all the communications across this isthmus. It is our duty, therefore, to take care that they shall not be interrupted either by invasions from our own country or by wars between the independent States of Central America. Under our treaty with New Granada of the 12th December, 1846, we are bound to guarantee the neutrality of the Isthmus of Panama, through which the Panama Railroad passes, "as well as the rights of sovereignty and property which New Granada has and possesses over the said territory." This obligation is rounded upon equivalents granted by the treaty to the Government and people of the United States. Under these circumstances I recommend to Congress the passage of an act authorizing the President, in case of necessity, to employ the land and naval forces of the United States to carry into effect this guaranty of neutrality and protection. I also recommend similar legislation for the security of any other route across the Isthmus in which we may acquire an interest by treaty. With the independent Republics on this continent it is both our duty and our interest to cultivate the most friendly relations. We can never feel indifferent to their fate, and must always rejoice in their prosperity. Unfortunately both for them and for us, our example and advice have lost much of their influence in consequence of the lawless expeditions which have been fitted out against some of them within the limits of our country. Nothing is better calculated to retard our steady material progress or impair our character as a nation than the toleration of such enterprises in violation of the law of nations. It is one of the first and highest duties of any independent state in its relations with the members of the great family of nations to restrain its people from acts of hostile aggression against their citizens or subjects. The most eminent writers on public law do not hesitate to denounce such hostile acts as robbery and murder. Weak and feeble states like those of Central America may not feel themselves able to assert and vindicate their rights. The case would be far different if expeditions were set on foot within our own territories to make private war against a powerful nation. If such expeditions were fitted out from abroad against any portion of our own country, to burn down our cities, murder and plunder our people, and usurp our Government, we should call any power on earth to the strictest account for not preventing such enormities. Ever since the Administration of General Washington acts of Congress have been enforced to punish severely the crime of setting on foot a military expedition within the limits of the United States to proceed from thence against a nation or state with whom we are at peace. The present neutrality act of April 20, 1818, is but little more than a collection of preexisting laws. Under this act the President is empowered to employ the land and naval forces and the militia "for the purpose of preventing the carrying on of any such expedition or enterprise from the territories and jurisdiction of the United States," and the collectors of customs are authorized and required to detain any vessel in port when there is reason to believe she is about to take part in such lawless enterprises. When it was first rendered probable that an attempt would be made to get up another unlawful expedition against Nicaragua, the Secretary of State issued instructions to the marshals and district attorneys, which were directed by the Secretaries of War and the Navy to the appropriate army and navy officers, requiring them to be vigilant and to use their best exertions in carrying into effect the provisions of the act of 1818. Notwithstanding these precautions, the expedition has escaped from our shores. Such enterprises can do no possible good to the country, but have already inflicted much injury both on its interests and its character. They have prevented peaceful emigration from the United States to the States of Central America, which could not fail to prove highly beneficial to all the parties concerned. In a pecuniary point of view alone our citizens have sustained heavy losses from the seizure and closing of the transit route by the San Juan between the two oceans. The leader of the recent expedition was arrested at New Orleans, but was discharged on giving bail for his appearance in the insufficient sum of $2,000. I commend the whole subject to the serious attention of Congress, believing that our duty and our interest, as well as our national character, require that we should adopt such measures as will be effectual in restraining our citizens from committing such outrages. I regret to inform you that the President of Paraguay has refused to ratify the treaty between the United States and that State as amended by the Senate, the signature of which was mentioned in the message of my predecessor to Congress at the opening of its session in December, 1853. The reasons assigned for this refusal will appear in the correspondence herewith submitted. It being desirable to ascertain the fitness of the river La Plata and its tributaries for navigation by steam, the United States steamer Water Witch was sent thither for that purpose in 1853. This enterprise was successfully carried on until February, 1855, when, whilst in the peaceful prosecution of her voyage up the Parana River, the steamer was fired upon by a Paraguayan fort. The fire was returned, but as the Water Witch was of small force and not designed for offensive operations, she retired from the conflict. The pretext upon which the attack was made was a decree of the President of Paraguay of October, 1854, prohibiting foreign vessels of war from navigating the rivers of that State. As Paraguay, however, was the owner of but one bank of the river of that name, the other belonging to Corientes, a State of the Argentine Confederation, the right of its Government to expect that such a decree would be obeyed can not be acknowledged. But the Water Witch was not, properly speaking, a vessel of war. She was a small steamer engaged in a scientific enterprise intended for the advantage of commercial states generally. Under these circumstances I am constrained to consider the attack upon her as unjustifiable and as calling for satisfaction from the Paraguayan Government. Citizens of the United States also who were established in business in Paraguay have had their property seized and taken from them, and have otherwise been treated by the authorities in an insulting and arbitrary manner, which requires redress. A demand for these purposes will be made in a firm but conciliatory spirit. This will the more probably be granted if the Executive shall have authority to use other means in the event of a refusal. This is accordingly recommended. It is unnecessary to state in detail the alarming condition of the Territory of Kansas at the time of my inauguration. The opposing parties then stood in hostile array against each other, and any accident might have relighted the flames of civil war. Besides, at this critical moment Kansas was left without a governor by the resignation of Governor Geary. On the 19th of February previous the Territorial legislature had passed a law providing for the election of delegates on the third Monday of June to a convention to meet on the first Monday of September for the purpose of framing a constitution preparatory to admission into the Union. This law was in the main fair and just, and it is to be regretted that all the qualified electors had not registered themselves and voted under its provisions. At the time of the election for delegates an extensive organization existed in the Territory whose avowed object it was, if need be, to put down the lawful government by force and to establish a government of their own under the so-called Topeka constitution. The persons attached to this revolutionary organization abstained from taking any part in the election. The act of the Territorial legislature had omitted to provide for submitting to the people the constitution which might be framed by the convention, and in the excited state of public feeling throughout Kansas an apprehension extensively prevailed that a design existed to force upon them a constitution in relation to slavery against their will. In this emergency it became my duty, as it was my unquestionable right, having in view the union of all good citizens in support of the Territorial laws, to express an opinion on the true construction of the provisions concerning slavery contained in the organic act of Congress of the 30th May, 1854. Congress declared it to be "the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way." Under it Kansas, "when admitted as a State," was to "be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission." Did Congress mean by this language that the delegates elected to frame a constitution should have authority finally to decide the question of slavery, or did they intend by leaving it to the people that the people of Kansas themselves should decide this question by a direct vote? On this subject I confess I had never entertained a serious doubt, and therefore in my instructions to Governor Walker of the 28th March last I merely said that when "a constitution shall be submitted to the people of the Territory they must be protected in the exercise of their right of voting for or against that instrument, and the fair expression of the popular will must not be interrupted by fraud or violence." In expressing this opinion it was far from my intention to interfere with the decision of the people of Kansas, either for or against slavery. From this I have always carefully abstained. Intrusted with the duty of taking "care that the laws be faithfully executed," my only desire was that the people of Kansas should furnish to Congress the evidence required by the organic act, whether for or against slavery, and in this manner smooth their passage into the Union. In emerging from the condition of Territorial dependence into that of a sovereign State it was their duty, in my opinion, to make known their will by the votes of the majority on the direct question whether this important domestic institution should or should not continue to exist. Indeed, this was the only possible mode in which their will could be authentically ascertained. The election of delegates to a convention must necessarily take place in separate districts. From this because it may readily happen, as has often been the case, that a majority of the people of a State or Territory are on one side of a question, whilst a majority of the representatives from the several districts into which it is divided may be upon the other side. This arises front the fact that in some districts delegates may be elected by small majorities, whilst in others those of different sentiments may receive majorities sufficiently great not only to overcome the votes given for the former, but to leave a large majority of the whole people in direct opposition to a majority of the delegates. Besides, our history proves that influences may be brought to bear on the representative sufficiently powerful to induce him to disregard the will of his constituents. The truth is that no other authentic and satisfactory mode exists of ascertaining the will of a majority of the people of any State or Territory on an important and exciting question like that of slavery in Kansas except by leaving it to a direct vote. How wise, then, was it for Congress to pass over all subordinate and intermediate agencies and proceed directly to the source of all legitimate power under our institutions! How vain would any other principle prove in practice! This may be illustrated by the case of Kansas. Should she be admitted into the Union with a constitution either maintaining or abolishing slavery against the sentiment of the people, this could have no other effect than to continue and to exasperate the existing agitation during the brief period required to make the constitution conform to the irresistible will of the majority. The friends and supporters of the Nebraska and Kansas act, when struggling on a recent occasion to sustain its wise provisions before the great tribunal of the American people, never differed about its true meaning on this subject. Everywhere throughout the Union they publicly pledged their faith and their honor that they would cheerfully submit the question of slavery to the decision of the bona fide people of Kansas, without any restriction or qualification whatever. All were cordially united upon the great doctrine of popular sovereignty, which is the vital principle of our free institutions. Had it then been insinuated from any quarter that it would be a sufficient compliance with the requisitions of the organic law for the members of a convention thereafter to be elected to withhold the question of slavery from the people and to substitute their own will for that of a legally ascertained majority of all their constituents, this would have been instantly rejected. Everywhere they remained true to the resolution adopted on a celebrated occasion recognizing "the right of the people of all the Territories, including Kansas and Nebraska, acting through the legally and fairly expressed will of a majority of actual residents, and whenever the number of their inhabitants justifies it, to form a constitution with or without slavery and be admitted into the Union upon terms of perfect equality with the other States." The convention to frame a constitution for Kansas met on the first Monday of September last. They were called together by virtue of an act of the Territorial legislature, whose lawful existence had been recognized by Congress in different forms and by different enactments. A large proportion of the citizens of Kansas did not think proper to register their names and to vote at the election for delegates; but an opportunity to do this having been fairly afforded, their refusal to avail themselves of their right could in no manner affect the legality of the convention. This convention proceeded to frame a constitution for Kansas, and finally adjourned on the 7th day of November. But little difficulty occurred in the convention except on the subject of slavery. The truth is that the general provisions of our recent State constitutions are so similar and, I may add, so excellent that the difference between them is not essential. Under the earlier practice of the Government no constitution framed by the convention of a Territory preparatory to its admission into the Union as a State had been submitted to the people. I trust, however, the example set by the last Congress, requiring that the constitution of Minnesota "should be subject to the approval and ratification of the people of the proposed State," may be followed on future occasions. I took it for granted that the convention of Kansas would act in accordance with this example, rounded, as it is, on correct principles, and hence my instructions to Governor Walker in favor of submitting the constitution to the people were expressed in general and unqualified terms. In the Kansas-Nebraska act, however, this requirement, as applicable to the whole constitution, had not been inserted, and the convention were not bound by its terms to submit any other portion of the instrument to an election except that which relates to the "domestic institution" of slavery. This will be rendered clear by a simple reference to its language. It was "not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way." According to the plain construction of the sentence, the words "domestic institutions" have a direct, as they have an appropriate, reference to slavery. "Domestic institutions" are limited to the family. The relation between master and slave and a few others are "domestic institutions," and are entirely distinct from institutions of a political character. Besides, there was no question then before Congress, nor, indeed, has there since been any serious question before the people of Kansas or the country, except that which relates to the "domestic institution" of slavery. The convention, after an angry and excited debate, finally determined, by a majority of only two, to submit the question of slavery to the people, though at the last forty-three of the fifty delegates present affixed their signatures to the constitution. A large majority of the convention were in favor of establishing slavery in Kansas. They accordingly inserted an article in the constitution for this purpose similar in form to those which had been adopted by other Territorial conventions. In the schedule, however, providing for the transition from a Territorial to a State government the question has been fairly and explicitly referred to the people whether they will have a constitution "with or without slavery." It declares that before the constitution adopted by the convention "shall be sent to Congress for admission into the Union as a State" an election shall be held to decide this question, at which all the white male inhabitants of the Territory above the age of 21 are entitled to vote. They are to vote by ballot, and "the ballots cast at said election shall be indorsed 'constitution with slavery' and 'constitution with no slavery.'" If there be a majority in favor of the "constitution with slavery," then it is to be transmitted to Congress by the president of the convention in its original form; if, on the contrary, there shall be a majority in favor of the "constitution with no slavery," "then the article providing for slavery shall be stricken from the constitution by the president of this convention;" and it is expressly declared that "no slavery shall exist in the State of Kansas, except that the right of property in slaves now in the Territory shall in no manner be interfered with;" and in that event it is made his duty to have the constitution thus ratified transmitted to the Congress of the United States for the admission of the State into the Union. At this election every citizen will have an opportunity of expressing his opinion by his vote "whether Kansas shall be received into the Union with or without slavery," and thus this exciting question may be peacefully settled in the very mode required by the organic law. The election will be held under legitimate authority, and if any portion of the inhabitants shall refuse to vote, a fair opportunity to do so having been presented, this will be their own voluntary act and they alone will be responsible for the consequences. Whether Kansas shall be a free or a slave State must eventually, under some authority, be decided by an election; and the question can never be more clearly or distinctly presented to the people than it is at the present moment. Should this opportunity be rejected she may be involved for years in domestic discord, and possibly in civil war, before she can again make up the issue now so fortunately tendered and again reach the point she has already attained. Kansas has for some years occupied too much of the public attention. It is high time this should be directed to far more important objects. When once admitted into the Union, whether with or without slavery, the excitement beyond her own limits will speedily pass away, and she will then for the first time be left, as she ought to have been long since, to manage her own affairs in her own way. If her constitution on the subject of slavery or on any other subject be displeasing to a majority of the people, no human power can prevent them from changing it within a brief period. Under these circumstances it may well be questioned whether the peace and quiet of the whole country are not of greater importance than the mere temporary triumph of either of the political parties in Kansas. Should the constitution without slavery be adopted by the votes of the majority, the rights of property in slaves now in the Territory are reserved. The number of these is very small, but if it were greater the provision would be equally just and reasonable. The slaves were brought into the Territory under the Constitution of the United States and are now the property of their masters. This point has at length been finally decided by the highest judicial tribunal of the country, and this upon the plain principle that when a confederacy of sovereign States acquire a new territory at their joint expense both equality and justice demand that the citizens of one and all of them shall have the right to take into it whatsoever is recognized as property by the common Constitution. To have summarily confiscated the property in slaves already in the Territory would have been an act of gross injustice and contrary to the practice of the older States of the Union which have abolished slavery. A Territorial government was established for Utah by act of Congress approved the 9th September, 1850, and the Constitution and laws of the United States were thereby extended over it "so far as the same or any provisions thereof may be applicable." This act provided for the appointment by the President, by and with the advice and consent of the Senate, of a governor (who was to be ex officio superintendent of Indian affairs), a secretary, three judges of the supreme court, a marshal, and a district attorney. Subsequent acts provided for the appointment of the officers necessary to extend our land and our Indian system over the Territory. Brigham Young was appointed the first governor on the 20th September, 1850, and has held the office ever since. Whilst Governor Young has been both governor and superintendent of Indian affairs throughout this period, he has been at the same time the head of the church called the Latter-day Saints, and professes to govern its members and dispose of their property by direct inspiration and authority from the Almighty. His power has been, therefore, absolute over both church and state. The people of Utah almost exclusively belong to this church, and believing with a fanatical spirit that he is governor of the Territory by divine appointment, they obey his commands as if these were direct revelations from Heaven. If, therefore, he chooses that his government shall come into collision with the Government of the United States, the members of the Mormon Church will yield implicit obedience to his will. Unfortunately, existing facts leave but little doubt that such is his determination. Without entering upon a minute history of occurrences, it is sufficient to say that all the officers of the United States, judicial and executive, with the single exception of two Indian agents, have found it necessary for their own personal safety to withdraw from the Territory, and there no longer remains any government in Utah but the despotism of Brigham Young. This being the condition of affairs in the Territory, I could not mistake the path of duty. As Chief Executive Magistrate I was bound to restore the supremacy of the Constitution and laws within its limits. In order to effect this purpose, I appointed a new governor and other Federal officers for Utah and sent with them a military force for their protection and to aid as a posse comitatus in case of need in the execution of the laws. With the religious opinions of the Mormons, as long as they remained mere opinions, however deplorable in themselves and revolting to the moral and religious sentiments of all Christendom, I had no right to interfere. Actions alone, when in violation of the Constitution and laws of the United States, become the legitimate subjects for the jurisdiction of the civil magistrate. My instructions to Governor Cumming have therefore been framed in strict accordance with these principles. At their date a hope was indulged that no necessity might exist for employing the military in restoring and maintaining the authority of the law, but this hope has now vanished. Governor Young has by proclamation declared his determination to maintain his power by force, and has already committed acts of hostility against the United States. Unless he should retrace his steps the Territory of Utah will be in a state of open rebellion. He has committed these acts of hostility notwithstanding Major Van Vliet, an officer of the Army, sent to Utah by the Commanding General to purchase provisions for the troops, had given him the strongest assurances of the peaceful intentions of the Government, and that the troops would only be employed as a posse comitatus when called on by the civil authority to aid in the execution of the laws. There is reason to believe that Governor Young has long contemplated this result. He knows that the continuance of his despotic power depends upon the exclusion of all settlers from the Territory except those who will acknowledge his divine mission and implicitly obey his will, and that an enlightened public opinion there would soon prostrate institutions at war with the laws both of God and man. "He has therefore for several years, in order to maintain his independence, been industriously employed in collecting and fabricating arms and munitions of war and in disciplining the Mormons for military service." As superintendent of Indian affairs he has had an opportunity of tampering with the Indian tribes and exciting their hostile feelings against the United States. This, according to our information, he has accomplished in regard to some of these tribes, while others have remained true to their allegiance and have communicated his intrigues to our Indian agents. He has laid in a store of provisions for three years, which in case of necessity, as he informed Major Van Vliet, he will conceal, "and then take to the mountains and bid defiance to all the powers of the Government." A great part of all this may be idle boasting, but yet no wise government will lightly estimate the efforts which may be inspired by such frenzied fanaticism as exists among the Mormons in Utah. This is the first rebellion which has existed in our Territories, and humanity itself requires that we should put it down in such a manner that it shall be the last. To trifle with it would be to encourage it and to render it formidable. We ought to go there with such an imposing force as to convince these deluded people that resistance would be vain, and thus spare the effusion of blood. We can in this manner best convince them that we are their friends, not their enemies. In order to accomplish this object it will be necessary, according to the estimate of the War Department, to raise four additional regiments; and this I earnestly recommend to Congress. At the present moment of depression in the revenues of the country I am sorry to be obliged to recommend such a measure; but I feel confident of the support of Congress, cost what it may, in suppressing the insurrection and in restoring and maintaining the sovereignty of the Constitution and laws over the Territory of Utah. I recommend to Congress the establishment of a Territorial government over Arizona, incorporating with it such portions of New Mexico as they may deem expedient. I need scarcely adduce arguments in support of this recommendation. We are bound to protect the lives and the property of our citizens inhabiting Arizona, and these are now without any efficient protection. Their present number is already considerable, and is rapidly increasing, notwithstanding the disadvantages under which they labor. Besides, the proposed Territory is believed to be rich in mineral and agricultural resources, especially in silver and copper. The mails of the United States to California are now carried over it throughout its whole extent, and this route is known to be the nearest and believed to be the best to the Pacific. Long experience has deeply convinced me that a strict construction of the powers granted to Congress is the only true, as well as the only safe, theory of the Constitution. Whilst this principle shall guide my public conduct, I consider it clear that under the war-making power Congress may appropriate money for the Construction of a military road through the Territories of the United States when this is absolutely necessary for the defense of any of the States against foreign invasion. The Constitution has conferred upon Congress power "to declare war," "to raise and support armies," "to provide and maintain a navy," and to call forth the militia to "repel invasions." These high sovereign powers necessarily involve important and responsible public duties, and among them there is none so sacred and so imperative as that of preserving our soil from the invasion of a foreign enemy. The Constitution has therefore left nothing on this point to construction, but expressly requires that "the United States shall protect each of them [the States] against invasion." Now if a military road over our own Territories be indispensably necessary to enable us to meet and repel the invader, it follows as a necessary consequence not only that we possess the power, but it is our imperative duty to construct such a road. It would be an absurdity to invest a government with the unlimited power to make and conduct war and at the same time deny to it the only means of reaching and defeating the enemy at the frontier. Without such a road it is quite evident we can not "protect" California and our Pacific possessions "against invasion." We can not by any other means transport men and munitions of war from the Atlantic States in sufficient time successfully to defend these remote and distant portions of the Republic. Experience has proved that the routes across the isthmus of Central America are at best but a very uncertain and unreliable mode of communication. But even if this were not the case, they would at once be closed against us in the event of war with a naval power so much stronger than our own as to enable it to blockade the ports at either end of these routes. After all, therefore, we can only rely upon a military road through our own Territories; and ever since the origin of the Government Congress has been in the practice of appropriating money from the public Treasury for the construction of such roads. The difficulties and the expense of constructing a military railroad to connect our Atlantic and Pacific States have been greatly exaggerated. The distance on the Arizona route, near the thirty-second parallel of north latitude, between the western boundary of Texas, on the Rio Grande, and the eastern boundary of California, on the Colorado, from the best explorations now within our knowledge, does not exceed 470 miles, and the face of the country is in the main favorable. For obvious reasons the Government ought not to undertake the work itself by means of its own agents. This ought to be committed to other agencies, which Congress might assist, either by grants of land or money, or by both, upon such terms and conditions as they may deem most beneficial for the country. Provision might thus be made not only for the safe, rapid, and economical transportation of troops and munitions of war, but also of the public mails. The commercial interests of the whole country, both East and West, would be greatly promoted by such a road, and, above all, it would be a powerful additional bond of union. And although advantages of this kind, whether postal, commercial, or political, can not confer constitutional power, yet they may furnish auxiliary arguments in favor of expediting a work which, in my judgment, is clearly embraced within the war-making power. For these reasons I commend to the friendly consideration of Congress the subject of the Pacific Railroad, without finally committing myself to any particular route. The report of the Secretary of the Treasury will furnish a detailed statement of the condition of the public finances and of the respective branches of the public service devolved upon that Department of the Government. By this report it appears that the amount of revenue received from all sources into the Treasury during the fiscal year ending the 30th June, 1857, was $68,631,513.67, which amount, with the balance of $19,901,325.45 remaining in the Treasury at the commencement of the year, made an aggregate for the service of the year of $88,532,839.12. The public expenditures for the fiscal year ending 30th June, 1857, amounted to $70,822,724.85, of which $5,943,896.91 were applied to the redemption of the public debt, including interest and premium, leaving in the Treasury at the commencement of the present fiscal year, on the 1st July, 1857, $17,710,114.27. The receipts into the Treasury for the first quarter of the present fiscal year, commencing 1st July, 1857, were $20,929,819.81, and the estimated receipts of the remaining three quarters to the 30th June, 1858, are $36,750,000, making, with the balance before stated, an aggregate of $75,389,934.08 for the service of the present fiscal year. The actual expenditures during the first quarter of the present fiscal year were $23,714,528.37, of which $3,895,232.39 were applied to the redemption of the public debt, including interest and premium. The probable expenditures of the remaining three quarters to 30th June, 1858, are $51,248,530.04, including interest on the public debt, making an aggregate of $74,963,058.41, leaving an estimated balance in the Treasury at the close of the present fiscal year of $426,875.67. The amount of the public debt at the commencement of the present fiscal year was $29,060,386.90. The amount redeemed since the 1st of July was $3,895,232.39, leaving a balance unredeemed at this time of $25,165,154.51. The amount of estimated expenditures for the remaining three quarters of the present fiscal year will in all probability be increased from the causes set forth in the report of the Secretary. His suggestion, therefore, that authority should be given to supply any temporary deficiency by the issue of a limited amount of Treasury notes is approved, and I accordingly recommend the passage of such a law. As stated in the report of the Secretary, the tariff of March 3, 1857, has been in operation for so short a period of time and under circumstances so unfavorable to a just development of its results as a revenue measure that I should regard it as inexpedient, at least for the present, to undertake its revision. I transmit herewith the reports made to me by the Secretaries of War and of the Navy, of the Interior, and of the Postmaster-General. They all contain valuable and important information and suggestions, which I commend to the favorable consideration of Congress. I have already recommended the raising of four additional regiments, and the report of the Secretary of War presents strong reasons proving this increase of the Army under existing circumstances to be indispensable. I would call the special attention of Congress to the recommendation of the Secretary of the Navy in favor of the construction of ten small war steamers of light draft. For some years the Government has been obliged on many occasions to hire such steamers from individuals to supply its pressing wants. At the present moment we have no armed vessel in the Navy which can penetrate the rivers of China. We have but few which can enter any of the harbors south of Norfolk, although many millions of foreign and domestic commerce annually pass in and out of these harbors. Some of our most valuable interests and most vulnerable points are thus left exposed. This class of vessels of light draft, great speed, and heavy guns would be formidable in coast defense. The cost of their construction will not be great and they will require but a comparatively small expenditure to keep them in commission. In time of peace they will prove as effective as much larger vessels and more useful. One of them should be at every station where we maintain a squadron, and three or four should be constantly employed on our Atlantic and Pacific coasts. Economy, utility, and efficiency combine to recommend them as almost indispensable. Ten of these small vessels would be of incalculable advantage to the naval service, and the whole cost of their construction would not exceed $2,300,000, or $230,000 each. The report of the Secretary of the Interior is worthy of grave consideration. It treats of the numerous important and diversified branches of domestic administration intrusted to him by law. Among these the most prominent are the public lands and our relations with the Indians. Our system for the disposal of the public lands, originating with the fathers of the Republic, has been improved as experience pointed the way, and gradually adapted to the growth and settlement of our Western States and Territories. It has worked well in practice. Already thirteen States and seven Territories have been carved out of these lands, and still more than a thousand millions of acres remain unsold. What a boundless prospect this presents to our country of future prosperity and power! We have heretofore disposed of 363,862,464 acres of the public land. Whilst the public lands, as a source of revenue, are of great importance, their importance is far greater as furnishing homes for a hardy and independent race of honest and industrious citizens who desire to subdue and cultivate the soil. They ought to be administered mainly with a view of promoting this wise and benevolent policy. In appropriating them for any other purpose we ought to use even greater economy than if they had been converted into money and the proceeds were already in the public Treasury. To squander away this richest and noblest inheritance which any people have ever enjoyed upon objects of doubtful constitutionality or expediency would be to violate one of the most important trusts ever committed to any people. Whilst I do not deny to Congress the power, when acting bona fide as a proprietor, to give away portions of them for the purpose of increasing the value of the remainder, yet, considering the great temptation to abuse this power, we can not be too cautious in its exercise. Actual settlers under existing laws are protected against other purchasers at the public sales in their right of preemption to the extent of a quarter section, or 160 acres, of land. The remainder may then be disposed of at public or entered at private sale in unlimited quantities. Speculation has of late years prevailed to a great extent in the public lands. The consequence has been that large portions of them have become the property of individuals and companies, and thus the price is greatly enhanced to those who desire to purchase for actual settlement. In order to limit the area of speculation as much as possible, the extinction of the Indian title and the extension of the public surveys ought only to keep pace with the tide of emigration. If Congress should hereafter grant alternate sections to States or companies, as they have done heretofore, I recommend that the intermediate sections retained by the Government should be subject to preemption by actual settlers. It ought ever to be our cardinal policy to reserve the public lands as much as may be for actual settlers, and this at moderate prices. We shall thus not only best promote the prosperity of the new States and Territories and the power of the Union, but shall secure homes for our posterity for many generations. The extension of our limits has brought within our jurisdiction many additional and populous tribes of Indians, a large proportion of which are wild, untractable, and difficult to control. Predatory and warlike in their disposition and habits, it is impossible altogether to restrain them from committing aggressions on each other, as well as upon our frontier citizens and those emigrating to our distant States and Territories. Hence expensive military expeditions are frequently necessary to overawe and chastise the more lawless and hostile. The present system of making them valuable presents to influence them to remain at peace has proved ineffectual. It is believed to be the better policy to colonize them in suitable localities where they can receive the rudiments of education and be gradually induced to adopt habits of industry. So far as the experiment has been tried it has worked well in practice, and it will doubtless prove to be less expensive than the present system. The whole number of Indians within our territorial limits is believed to be, from the best data in the Interior Department, about 325,000. The tribes of Cherokees, Choctaws, Chickasaws, and Creeks settled in the Territory set apart for them west of Arkansas are rapidly advancing in education and in all the arts of civilization and self-government and we may indulge the agreeable anticipation that at no very distant day they will be incorporated into the Union as one of the sovereign States. It will be seen from the report of the Postmaster-General that the Post-Office Department still continues to depend on the Treasury, as it has been compelled to do for several years past, for an important portion of the means of sustaining and extending its operations. Their rapid growth and expansion are shown by a decennial statement of the number of post-offices and the length of post-roads, commencing with the year 1827. In that year there were 7,000 post-offices; in 1837, 11,177; in 1847, 15,146, and in 1857 they number 26,586. In this year 1,725 post-offices have been established and 704 discontinued, leaving a net increase of 1,021. The postmasters of 368 offices are appointed by the President. The length of post-roads in 1827 was 105,336 miles; in 1837,141,242 miles; in 1847, 153,818 miles, and in the year 1857 there are 242,601 miles of post-road, including 22,530 miles of railroad on which the mails are transported. The expenditures of the Department for the fiscal year ending on the 30th June, 1857, as adjusted by the Auditor, amounted to $11,507,670. To defray these expenditures there was to the credit of the Department on the 1st July, 1856, the sum of $789,599; the gross revenue of the year, including the annual allowances for the transportation of free mail matter, produced $8,053,951, and the remainder was supplied by the appropriation from the Treasury of $2,250,000 granted by the act of Congress approved August 18, 1856, and by the appropriation of $666,883 made by the act of March 3, 1857, leaving $252,763 to be carried to the credit of the Department in the accounts of the current year. I commend to your consideration the report of the Department in relation to the establishment of the overland mail route from the Mississippi River to San Francisco, Cal. The route was selected with my full concurrence, as the one, in my judgment, best calculated to attain the important objects contemplated by Congress. The late disastrous monetary revulsion may have one good effect should it because both the Government and the people to return to the practice of a wise and judicious economy both in public and private expenditures. An overflowing Treasury has led to habits of prodigality and extravagance in our legislation. It has induced Congress to make large appropriations to objects for which they never would have provided had it been necessary to raise the amount of revenue required to meet them by increased taxation or by loans. We are now compelled to pause in our career and to scrutinize our expenditures with the utmost vigilance; and in performing this duty I pledge my cooperation to the extent of my constitutional competency. It ought to be observed at the same time that true public economy does not consist in withholding the means necessary to accomplish important national objects intrusted to us by the Constitution, and especially such as may be necessary for the common defense. In the present crisis of the country it is our duty to confine our appropriations to objects of this character, unless in cases where justice to individuals may demand a different course. In all cases care ought to be taken that the money granted by Congress shall be faithfully and economically applied. Under the Federal Constitution "every bill which shall have passed the House of Representatives and the Senate shall, before it become a law," be approved and signed by the President; and if not approved, "he shall return it with his objections to that House in which it shall have originated." In order to perform this high and responsible duty, sufficient time must be allowed the President to read and examine every bill presented to him for approval. Unless this be afforded, the Constitution becomes a dead letter in this particular, and; even worse, it becomes a means of deception. Our constituents, seeing the President's approval and signature attached to each act of Congress, are induced to believe that he has actually performed his duty, when in truth nothing is in many cases more unfounded. From the practice of Congress such an examination of each bill as the Constitution requires has been rendered impossible. The most important business of each session is generally crowded into its last hours, and the alternative presented to the President is either to violate the constitutional duty which he owes to the people and approve bills which for want of time it is impossible he should have examined, or by his refusal to do this subject the country and individuals to great loss and inconvenience. Besides, a practice has grown up of late years to legislate in appropriation bills at the last hours of the session on new and important subjects. This practice constrains the President either to suffer measures to become laws which he does not approve or to incur the risk of stopping the wheels of the Government by vetoing an appropriation bill. Formerly such bills were confined to specific appropriations for carrying into effect existing laws and the well-established policy of the country, and little time was then requited by the President for their examination. For my own part, I have deliberately determined that I shall approve no bills which I have not examined, and it will be a case of extreme and most urgent necessity which shall ever induce me to depart from this rule. I therefore respectfully but earnestly recommend that the two Houses would allow the President at least two days previous to the adjournment of each session within which no new bill shall be presented to him for approval. Under the existing joint rule one day is allowed, but this rule has been hitherto so constantly suspended in practice that important bills continue to be presented to him up till the very last moments of the session. In a large majority of cases no great public inconvenience can arise from the want of time to examine their provisions, because the Constitution has declared that if a bill be presented to the President within the last ten days of the session he is not required to return it, either with an approval or with a veto, "in which case it shall not be a law." It may then lie over and be taken up and passed at the next session. Great inconvenience would only be experienced in regard to appropriation bills, but, fortunately, under the late excellent law allowing a salary instead of a per diem to members of Congress the expense and inconvenience of a called session will be greatly reduced. I can not conclude without commending to your favorable consideration the interest of the people of this District. Without a representative on the floor of Congress, they have for this very reason peculiar claims upon our just regard. To this I know, from my long acquaintance with them, they are eminently entitled.
in obedience to the command of the constitution it has now become my duty to give to congress information of the state of the union and recommend to their consideration such measures as i judge to be necessary and expedient but first and above all our thanks are due to almighty god for the numerous benefits which he has bestowed upon this people and our united prayers ought to ascend to him that he would continue to bless our great republic in time to come as he has blessed it in time past since the adjournment of the last congress our constituents have enjoyed an unusual degree of health the earth has yielded her fruits abundantly and has bountifully rewarded the toil of the husbandman our great staples have commanded high prices and up till within a brief period our manufacturing mineral and mechanical occupations have largely partaken of the general prosperity we have possessed all the elements of material wealth in rich abundance and yet notwithstanding all these advantages our country in its monetary interests is at the present moment in a deplorable condition in the midst of unsurpassed plenty in all the productions of agriculture and in all the elements of national wealth we find our manufactures suspended our public works retarded our private enterprises of different kinds abandoned and thousands of useful laborers thrown out of employment and reduced to want the revenue of the government which is chiefly derived from duties on imports from abroad has been greatly reduced whilst the appropriations made by congress at its last session for the current fiscal year are very large in amount under these circumstances a loan may be required before the close of your present session but this although deeply to be regretted would prove to be only a slight misfortune when compared with the suffering and distress prevailing among the people with this the government can not fail deeply to sympathize though it may be without the power to extend relief it is our duty to inquire what has produced such unfortunate results and whether their recurrence can be prevented in all former revulsions the blame might have been fairly attributed to a variety of cooperating causes but not so upon the present occasion it is apparent that our existing misfortunes have proceeded solely from our extravagant and vicious system of paper currency and bank credits exciting the people to wild speculations and gambling in stocks these revulsions must continue to recur at successive intervals so long as the amount of the paper currency and bank loans and discounts of the country shall be left to the discretion of irresponsible banking institutions which from the very law of their nature will consult the interest of their stockholders rather than the public welfare the framers of the constitution when they gave to congress the power to coin money and to regulate the value thereof and prohibited the states from coining money emitting bills of credit or making anything but gold and silver coin a tender in payment of debts supposed they had protected the people against the evils of an excessive and irredeemable paper currency they are not responsible for the existing anomaly that a government endowed with the sovereign attribute of coining money and regulating the value thereof should have no power to prevent others from driving this coin out of the country and filling up the channels of circulation with paper which does not represent gold and silver it is one of the highest and most responsible duties of government to insure to the people a sound circulating medium the amount of which ought to be adapted with the utmost possible wisdom and skill to the wants of internal trade and foreign exchanges if this be either greatly above or greatly below the proper standard the marketable value of every man property is increased or diminished in the same proportion and injustice to individuals as well as incalculable evils to the community are the consequence unfortunately under the construction of the federal constitution which has now prevailed too long to be changed this important and delicate duty has been dissevered from the coining power and virtually transferred to more than state banks acting independently of each other and regulating their paper issues almost exclusively by a regard to the present interest of their stockholders exercising the sovereign power of providing a paper currency instead of coin for the country the first duty which these banks owe to the public is to keep in their vaults a sufficient amount of gold and silver to insure the convertibility of their notes into coin at all times and under all circumstances no bank ought ever to be chartered without such restrictions on its business as to secure this result all other restrictions are comparatively vain this is the only true touchstone the only efficient regulator of a paper currency the only one which can guard the public against overissues and bank suspensions as a collateral and eventual security it is doubtless wise and in all cases ought to be required that banks shall hold an amount of united states or state securities equal to their notes in circulation and pledged for their redemption this however furnishes no adequate security against overissue on the contrary it may be perverted to inflate the currency indeed it is possible by this means to convert all the debts of the united states and state governments into bank notes without reference to the specie required to redeem them however valuable these securities may be in themselves they can not be converted into gold and silver at the moment of pressure as our experience teaches in sufficient time to prevent bank suspensions and the depreciation of bank notes in england which is to a considerable extent a country though vastly behind our own in this respect it was deemed advisable anterior to the act of parliament of 1844 which wisely separated the issue of notes from the banking department for the bank of england always to keep on hand gold and silver equal to of its combined circulation and deposits if this proportion was no more than sufficient to secure the convertibility of its notes with the whole of great britain and to some extent the continent of europe as a field for its circulation rendering it almost impossible that a sudden and immediate run to a dangerous amount should be made upon it the same proportion would certainly be insufficient under our banking system each of our banks has but a limited circumference for its circulation and in the course of a very few days the depositors and note holders might demand from such a bank a sufficient amount in specie to compel it to suspend even although it had coin in its vaults equal to of its immediate liabilities and yet i am not aware with the exception of the banks of louisiana that any state bank throughout the union has been required by its charter to keep this or any other proportion of gold and silver compared with the amount of its combined circulation and deposits what has been the consequence in a recent report made by the treasury department on the condition of the banks throughout the different states according to returns dated nearest to january 1857 the aggregate amount of actual specie in their vaults is of their circulation and of their deposits thus it appears that these banks in the aggregate have considerably less than one dollar in seven of gold and silver compared with their circulation and deposits it was palpable therefore that the very first pressure must drive them to suspension and deprive the people of a convertible currency with all its disastrous consequences it is truly wonderful that they should have so long continued to preserve their credit when a demand for the payment of of their immediate liabilities would have driven them into insolvency and this is the condition of the banks notwithstanding that four hundred millions of gold from california have flowed in upon us within the last eight years and the tide still continues to flow indeed such has been the extravagance of bank credits that the banks now hold a considerably less amount of specie either in proportion to their capital or to their circulation and deposits combined than they did before the discovery of gold in california whilst in the year 1848 their specie in proportion to their capital was more than equal to one dollar for four and a half in 1857 it does not amount to one dollar for every six dollars and cents of their capital in the year 1848 the specie was equal within a very small fraction to one dollar in five of their circulation and deposits in 1857 it is not equal to one dollar in seven and a half of their circulation and deposits from this statement it is easy to account for our financial history for the last forty years it has been a history of extravagant expansions in the business of the country followed by ruinous contractions at successive intervals the best and most enterprising men have been tempted to their ruin by excessive bank loans of mere paper credit exciting them to extravagant importations of foreign goods wild speculations and ruinous and demoralizing stock gambling when the crisis arrives as arrive it must the banks can extend no relief to the people in a vain struggle to redeem their liabilities in specie they are compelled to contract their loans and their issues and at last in the hour of distress when their assistance is most needed they and their debtors together sink into insolvency it is this paper system of extravagant expansion raising the nominal price of every article far beyond its real value when compared with the cost of similar articles in countries whose circulation is wisely regulated which has prevented us from competing in our own markets with foreign manufacturers has produced extravagant importations and has counteracted the effect of the large incidental protection afforded to our domestic manufactures by the present revenue tariff but for this the branches of our manufactures composed of raw materials the production of our own country such as cotton iron and woolen fabrics would not only have acquired almost exclusive possession of the home market but would have created for themselves a foreign market throughout the world deplorable however as may be our present financial condition we may yet indulge in bright hopes for the future no other nation has ever existed which could have endured such violent expansions and contractions of paper credits without lasting injury yet the buoyancy of youth the energies of our population and the spirit which never quails before difficulties will enable us soon to recover from our present financial embarrassments and may even occasion us speedily to forget the lesson which they have taught in the meantime it is the duty of the government by all proper means within its power to aid in alleviating the sufferings of the people occasioned by the suspension of the banks and to provide against a recurrence of the same calamity unfortunately in either aspect of the ease it can do but little thanks to the independent treasury the government has not suspended payment as it was compelled to do by the failure of the banks in 1837 it will continue to discharge its liabilities to the people in gold and silver its disbursements in coin will pass into circulation and materially assist in restoring a sound currency from its high credit should we be compelled to make a temporary loan it can be effected on advantageous terms this however shall if possible be avoided but if not then the amount shall be limited to the lowest practicable sum i have therefore determined that whilst no useful government works already in progress shall be suspended new works not already commenced will be postponed if this can be done without injury to the country those necessary for its defense shall proceed as though there had been no crisis in our monetary affairs but the federal government can not do much to provide against a recurrence of existing evils even if insurmountable constitutional objections did not exist against the creation of a national bank this would furnish no adequate preventive security the history of the last bank of the united states abundantly proves the truth of this assertion such a bank could not if it would regulate the issues and credits of state banks in such a manner as to prevent the ruinous expansions and contractions in our currency which afflicted the country throughout the existence of the late bank or secure us against future suspensions in 1825 an effort was made by the bank of england to curtail the issues of the country banks under the most favorable circumstances the paper currency had been expanded to a ruinous extent and the bank put forth all its power to contract it in order to reduce prices and restore the equilibrium of the foreign exchanges it accordingly commenced a system of curtailment of its loans and issues in the vain hope that the joint stock and private banks of the kingdom would be compelled to follow its example it found however that as it contracted they expanded and at the end of the process to employ the language of a very high official authority whatever reduction of the paper circulation was effected by the bank of england in 1825 was more than made up by the issues of the country banks but a bank of the united states would not if it could restrain the issues and loans of the state banks because its duty as a regulator of the currency must often be in direct conflict with the immediate interest of its stockholders if we expect one agent to restrain or control another their interests must at least in some degree be antagonistic but the directors of a bank of the united states would feel the same interest and the same inclination with the directors of the state banks to expand the currency to accommodate their favorites and friends with loans and to declare large dividends such has been our experience in regard to the last bank after all we must mainly rely upon the patriotism and wisdom of the states for the prevention and redress of the evil if they will afford us a real specie basis for our paper circulation by increasing the denomination of bank notes first to twenty and afterwards to fifty dollars if they will require that the banks shall at all times keep on hand at least one dollar of gold and silver for every three dollars of their circulation and deposits and if they will provide by a enactment which nothing can arrest that the moment they suspend they shall go into liquidation i believe that such provisions with a weekly publication by each bank of a statement of its condition would go far to secure us against future suspensions of specie payments congress in my opinion possess the power to pass a uniform bankrupt law applicable to all banking institutions throughout the united states and i strongly recommend its exercise this would make it the irreversible organic law of each bank existence that a suspension of specie payments shall produce its civil death the instinct of would then compel it to perform its duties in such a manner as to escape the penalty and preserve its life the existence of banks and the circulation of bank paper are so identified with the habits of our people that they can not at this day be suddenly abolished without much immediate injury to the country if we could confine them to their appropriate sphere and prevent them from administering to the spirit of wild and reckless speculation by extravagant loans and issues they might be continued with advantage to the public but this i say after long and much reflection if experience shall prove it to be impossible to enjoy the facilities which banks might afford without at the same time suffering the calamities which the excesses of the banks have hitherto inflicted upon the country it would then be far the lesser evil to deprive them altogether of the power to issue a paper currency and confine them to the functions of banks of deposit and discount our relations with foreign governments are upon the whole in a satisfactory condition the diplomatic difficulties which existed between the government of the united states and that of great britain at the adjournment of the last congress have been happily terminated by the appointment of a british minister to this country who has been cordially received whilst it is greatly to the interest as i am convinced it is the sincere desire of the governments and people of the two countries to be on terms of intimate friendship with each other it has been our misfortune almost always to have had some irritating if not dangerous outstanding question with great britain since the origin of the government we have been employed in negotiating treaties with that power and afterwards in discussing their true intent and meaning in this respect the convention of april 19 1850 commonly called the clayton and bulwer treaty has been the most unfortunate of all because the two governments place directly opposite and contradictory constructions upon its first and most important article whilst in the united states we believed that this treaty would place both powers upon an exact equality by the stipulation that neither will ever occupy or fortify or colonize or assume or exercise any dominion over any part of central america it is contended by the british government that the true construction of this language has left them in the rightful possession of all that portion of central america which was in their occupancy at the date of the treaty in fact that the treaty is a virtual recognition on the part of the united states of the right of great britain either as owner or protector to the whole extensive coast of central america sweeping round from the rio hondo to the port and harbor of san juan de nicaragua together with the adjacent bay islands except the comparatively small portion of this between the sarstoon and cape honduras according to their construction the treaty does no more than simply prohibit them from extending their possessions in central america beyond the present limits it is not too much to assert that if in the united states the treaty had been considered susceptible of such a construction it never would have been negotiated under the authority of the president nor would it have received the approbation of the senate the universal conviction in the united states was that when our government consented to violate its traditional and policy and to stipulate with a foreign government never to occupy or acquire territory in the central american portion of our own continent the consideration for this sacrifice was that great britain should in this respect at least be placed in the same position with ourselves whilst we have no right to doubt the sincerity of the british government in their construction of the treaty it is at the same time my deliberate conviction that this construction is in opposition both to its letter and its spirit under the late administration negotiations were instituted between the two governments for the purpose if possible of removing these difficulties and a treaty having this laudable object in view was signed at london on the 17th october 1856 and was submitted by the president to the senate on the following 10th of december whether this treaty either in its original or amended form would have accomplished the object intended without giving birth to new and embarrassing complications between the two governments may perhaps be well questioned certain it is however it was rendered much less objectionable by the different amendments made to it by the senate the treaty as amended was ratified by me on the 12th march 1857 and was transmitted to london for ratification by the british government that government expressed its willingness to concur in all the amendments made by the senate with the single exception of the clause relating to ruatan and the other islands in the bay of honduras the article in the original treaty as submitted to the senate after reciting that these islands and their inhabitants having been by a convention bearing date the 27th day of august 1856 between her britannic majesty and the republic of honduras constituted and declared a free territory under the sovereignty of the said republic of honduras stipulated that the two contracting parties do hereby mutually engage to recognize and respect in all future time the independence and rights of the said free territory as a part of the republic of honduras upon an examination of this convention between great britain and honduras of the 27th august 1856 it was found that whilst declaring the bay islands to be a free territory under the sovereignty of the republic of honduras it deprived that republic of rights without which its sovereignty over them could scarcely be said to exist it divided them from the remainder of honduras and gave to their inhabitants a separate government of their own with legislative executive and judicial officers elected by themselves it deprived the government of honduras of the taxing power in every form and exempted the people of the islands from the performance of military duty except for their own exclusive defense it also prohibited that republic from erecting fortifications upon them for their protection thus leaving them open to invasion from any quarter and finally it provided that slavery shall not at any time hereafter be permitted to exist therein had honduras ratified this convention she would have ratified the establishment of a state substantially independent within her own limits and a state at all times subject to british influence and control moreover had the united states ratified the treaty with great britain in its original form we should have been bound to recognize and respect in all future time these stipulations to the prejudice of honduras being in direct opposition to the spirit and meaning of the clayton and bulwer treaty as understood in the united states the senate rejected the entire clause and substituted in its stead a simple recognition of the sovereign right of honduras to these islands in the following language the two contracting parties do hereby mutually engage to recognize and respect the islands of ruatan bonaco utila barbaretta helena and moral situate in the bay of honduras and off the coast of the republic of honduras as under the sovereignty and as part of the said republic of honduras great britain rejected this amendment assigning as the only reason that the ratifications of the convention of the 27th august 1856 between her and honduras had not been exchanged owing to the hesitation of that government had this been done it is stated that her majesty government would have had little difficulty in agreeing to the modification proposed by the senate which then would have had in effect the same signification as the original wording whether this would have been the effect whether the mere circumstance of the exchange of the ratifications of the british convention with honduras prior in point of time to the ratification of our treaty with great britain would in effect have had the same signification as the original wording and thus have nullified the amendment of the senate may well be doubted it is perhaps fortunate that the question has never arisen the british government immediately after rejecting the treaty as amended proposed to enter into a new treaty with the united states similar in all respects to the treaty which they had just refused to ratify if the united states would consent to add to the senate clear and unqualified recognition of the sovereignty of honduras over the bay islands the following conditional stipulation whenever and so soon as the republic of honduras shall have concluded and ratified a treaty with great britain by which great britain shall have ceded and the republic of honduras shall have accepted the said islands subject to the provisions and conditions contained in such treaty this proposition was of course rejected after the senate had refused to recognize the british convention with honduras of the 27th august 1856 with full knowledge of its contents it was impossible for me necessarily ignorant of the provisions and conditions which might be contained in a future convention between the same parties to sanction them in advance the fact is that when two nations like great britain and the united states mutually desirous as they are and i trust ever may be of maintaining the most friendly relations with each other have unfortunately concluded a treaty which they understand in senses directly opposite the wisest course is to abrogate such a treaty by mutual consent and to commence anew had this been done promptly all difficulties in central america would most probably ere this have been adjusted to the satisfaction of both parties the time spent in discussing the meaning of the clayton and bulwer treaty would have been devoted to this praiseworthy purpose and the task would have been the more easily accomplished because the interest of the two countries in central america is identical being confined to securing safe transits over all the routes across the isthmus whilst entertaining these sentiments i shall nevertheless not refuse to contribute to any reasonable adjustment of the central american questions which is not practically inconsistent with the american interpretation of the treaty overtures for this purpose have been recently made by the british government in a friendly spirit which i cordially reciprocate but whether this renewed effort will result in success i am not yet prepared to express an opinion a brief period will determine with france our ancient relations of friendship still continue to exist the french government have in several recent instances which need not be enumerated evinced a spirit of good will and kindness toward our country which i heartily reciprocate it is notwithstanding much to be regretted that two nations whose productions are of such a character as to invite the most extensive exchanges and freest commercial intercourse should continue to enforce ancient and obsolete restrictions of trade against each other our commercial treaty with france is in this respect an exception from our treaties with all other commercial nations it jealously levies discriminating duties both on tonnage and on articles the growth produce or manufacture of the one country when arriving in vessels belonging to the other more than forty years ago on the 3d march 1815 congress passed an act offering to all nations to admit their vessels laden with their national productions into the ports of the united states upon the same terms with our own vessels provided they would reciprocate to us similar advantages this act confined the reciprocity to the productions of the respective foreign nations who might enter into the proposed arrangement with the united states the act of may 24 1828 removed this restriction and offered a similar reciprocity to all such vessels without reference to the origin of their cargoes upon these principles our commercial treaties and arrangements have been rounded except with france and let us hope that this exception may not long exist our relations with russia remain as they have ever been on the most friendly footing the present emperor as well as his predecessors have never failed when the occasion offered to manifest their good will to our country and their friendship has always been highly appreciated by the government and people of the united states with all other european governments except that of spain our relations are as peaceful as we could desire i regret to say that no progress whatever has been made since the adjournment of congress toward the settlement of any of the numerous claims of our citizens against the spanish government besides the outrage committed on our flag by the spanish war frigate ferrolana on the high seas off the coast of cuba in march 1855 by firing into the american mail steamer el dorado and detaining and searching her remains unacknowledged and unredressed the general tone and temper of the spanish government toward that of the united states are much to be regretted our present envoy extraordinary and minister plenipotentiary to madrid has asked to be recalled and it is my purpose to send out a new minister to spain with special instructions on all questions pending between the two governments and with a determination to have them speedily and amicably adjusted if this be possible in the meantime whenever our minister urges the just claims of our citizens on the notice of the spanish government he is met with the objection that congress has never made the appropriation recommended by president polk in his annual message of december 1847 to be paid to the spanish government for the purpose of distribution among the claimants in the amistad case a similar recommendation was made by my immediate predecessor in his message of december 1853 and entirely concurring with both in the opinion that this indemnity is justly due under the treaty with spain of the 27th of october 1795 i earnestly recommend such an appropriation to the favorable consideration of congress a treaty of friendship and commerce was concluded at constantinople on the 13th december 1856 between the united states and persia the ratifications of which were exchanged at constantinople on the 13th june 1857 and the treaty was proclaimed by the president on the 18th august 1857 this treaty it is believed will prove beneficial to american commerce the shah has manifested an earnest disposition to cultivate friendly relations with our country and has expressed a strong wish that we should be represented at teheran by a minister plenipotentiary and i recommend that an appropriation be made for this purpose recent occurrences in china have been unfavorable to a revision of the treaty with that empire of the 3d july 1844 with a view to the security and extension of our commerce the article of this treaty stipulated for a revision of it in case experience should prove this to be requisite in which case the two governments will at the expiration of twelve years from the date of said convention treat amicably concerning the same by means of suitable persons appointed to conduct such negotiations these twelve years expired on the 3d july 1856 but long before that period it was ascertained that important changes in the treaty were necessary and several fruitless attempts were made by the commissioner of the united states to effect these changes another effort was about to be made for the same purpose by our commissioner in conjunction with the ministers of england and france but this was suspended by the occurrence of hostilities in the canton river between great britain and the chinese empire these hostilities have necessarily interrupted the trade of all nations with canton which is now in a state of blockade and have occasioned a serious loss of life and property meanwhile the insurrection within the empire against the existing imperial dynasty still continues and it is difficult to anticipate what will be the result under these circumstances i have deemed it advisable to appoint a distinguished citizen of pennsylvania envoy extraordinary and minister plenipotentiary to proceed to china and to avail himself of any opportunities which may offer to effect changes in the existing treaty favorable to american commerce he left the united states for the place of his destination in july last in the war steamer minnesota special ministers to china have also been appointed by the governments of great britain and france whilst our minister has been instructed to occupy a neutral position in reference to the existing hostilities at canton he will cordially cooperate with the british and french ministers in all peaceful measures to secure by treaty stipulations those just concessions to commerce which the nations of the world have a right to expect and which china can not long be permitted to withhold from assurances received i entertain no doubt that the three ministers will act in harmonious concert to obtain similar commercial treaties for each of the powers they represent we can not fail to feel a deep interest in all that concerns the welfare of the independent republics on our own continent as well as of the empire of brazil our difficulties with new granada which a short time since bore so threatening an aspect are it is to be hoped in a fair train of settlement in a manner just and honorable to both parties the isthmus of central america including that of panama is the great highway between the atlantic and pacific over which a large portion of the commerce of the world is destined to pass the united states are more deeply interested than any other nation in preserving the freedom and security of all the communications across this isthmus it is our duty therefore to take care that they shall not be interrupted either by invasions from our own country or by wars between the independent states of central america under our treaty with new granada of the 12th december 1846 we are bound to guarantee the neutrality of the isthmus of panama through which the panama railroad passes as well as the rights of sovereignty and property which new granada has and possesses over the said territory this obligation is rounded upon equivalents granted by the treaty to the government and people of the united states under these circumstances i recommend to congress the passage of an act authorizing the president in case of necessity to employ the land and naval forces of the united states to carry into effect this guaranty of neutrality and protection i also recommend similar legislation for the security of any other route across the isthmus in which we may acquire an interest by treaty with the independent republics on this continent it is both our duty and our interest to cultivate the most friendly relations we can never feel indifferent to their fate and must always rejoice in their prosperity unfortunately both for them and for us our example and advice have lost much of their influence in consequence of the lawless expeditions which have been fitted out against some of them within the limits of our country nothing is better calculated to retard our steady material progress or impair our character as a nation than the toleration of such enterprises in violation of the law of nations it is one of the first and highest duties of any independent state in its relations with the members of the great family of nations to restrain its people from acts of hostile aggression against their citizens or subjects the most eminent writers on public law do not hesitate to denounce such hostile acts as robbery and murder weak and feeble states like those of central america may not feel themselves able to assert and vindicate their rights the case would be far different if expeditions were set on foot within our own territories to make private war against a powerful nation if such expeditions were fitted out from abroad against any portion of our own country to burn down our cities murder and plunder our people and usurp our government we should call any power on earth to the strictest account for not preventing such enormities ever since the administration of general washington acts of congress have been enforced to punish severely the crime of setting on foot a military expedition within the limits of the united states to proceed from thence against a nation or state with whom we are at peace the present neutrality act of april 20 1818 is but little more than a collection of preexisting laws under this act the president is empowered to employ the land and naval forces and the militia for the purpose of preventing the carrying on of any such expedition or enterprise from the territories and jurisdiction of the united states and the collectors of customs are authorized and required to detain any vessel in port when there is reason to believe she is about to take part in such lawless enterprises when it was first rendered probable that an attempt would be made to get up another unlawful expedition against nicaragua the secretary of state issued instructions to the marshals and district attorneys which were directed by the secretaries of war and the navy to the appropriate army and navy officers requiring them to be vigilant and to use their best exertions in carrying into effect the provisions of the act of 1818 notwithstanding these precautions the expedition has escaped from our shores such enterprises can do no possible good to the country but have already inflicted much injury both on its interests and its character they have prevented peaceful emigration from the united states to the states of central america which could not fail to prove highly beneficial to all the parties concerned in a pecuniary point of view alone our citizens have sustained heavy losses from the seizure and closing of the transit route by the san juan between the two oceans the leader of the recent expedition was arrested at new orleans but was discharged on giving bail for his appearance in the insufficient sum of i commend the whole subject to the serious attention of congress believing that our duty and our interest as well as our national character require that we should adopt such measures as will be effectual in restraining our citizens from committing such outrages i regret to inform you that the president of paraguay has refused to ratify the treaty between the united states and that state as amended by the senate the signature of which was mentioned in the message of my predecessor to congress at the opening of its session in december 1853 the reasons assigned for this refusal will appear in the correspondence herewith submitted it being desirable to ascertain the fitness of the river la plata and its tributaries for navigation by steam the united states steamer water witch was sent thither for that purpose in 1853 this enterprise was successfully carried on until february 1855 when whilst in the peaceful prosecution of her voyage up the parana river the steamer was fired upon by a paraguayan fort the fire was returned but as the water witch was of small force and not designed for offensive operations she retired from the conflict the pretext upon which the attack was made was a decree of the president of paraguay of october 1854 prohibiting foreign vessels of war from navigating the rivers of that state as paraguay however was the owner of but one bank of the river of that name the other belonging to corientes a state of the argentine confederation the right of its government to expect that such a decree would be obeyed can not be acknowledged but the water witch was not properly speaking a vessel of war she was a small steamer engaged in a scientific enterprise intended for the advantage of commercial states generally under these circumstances i am constrained to consider the attack upon her as unjustifiable and as calling for satisfaction from the paraguayan government citizens of the united states also who were established in business in paraguay have had their property seized and taken from them and have otherwise been treated by the authorities in an insulting and arbitrary manner which requires redress a demand for these purposes will be made in a firm but conciliatory spirit this will the more probably be granted if the executive shall have authority to use other means in the event of a refusal this is accordingly recommended it is unnecessary to state in detail the alarming condition of the territory of kansas at the time of my inauguration the opposing parties then stood in hostile array against each other and any accident might have relighted the flames of civil war besides at this critical moment kansas was left without a governor by the resignation of governor geary on the 19th of february previous the territorial legislature had passed a law providing for the election of delegates on the third monday of june to a convention to meet on the first monday of september for the purpose of framing a constitution preparatory to admission into the union this law was in the main fair and just and it is to be regretted that all the qualified electors had not registered themselves and voted under its provisions at the time of the election for delegates an extensive organization existed in the territory whose avowed object it was if need be to put down the lawful government by force and to establish a government of their own under the topeka constitution the persons attached to this revolutionary organization abstained from taking any part in the election the act of the territorial legislature had omitted to provide for submitting to the people the constitution which might be framed by the convention and in the excited state of public feeling throughout kansas an apprehension extensively prevailed that a design existed to force upon them a constitution in relation to slavery against their will in this emergency it became my duty as it was my unquestionable right having in view the union of all good citizens in support of the territorial laws to express an opinion on the true construction of the provisions concerning slavery contained in the organic act of congress of the 30th may 1854 congress declared it to be the true intent and meaning of this act not to legislate slavery into any territory or state nor to exclude it therefrom but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way under it kansas when admitted as a state was to be received into the union with or without slavery as their constitution may prescribe at the time of their admission did congress mean by this language that the delegates elected to frame a constitution should have authority finally to decide the question of slavery or did they intend by leaving it to the people that the people of kansas themselves should decide this question by a direct vote on this subject i confess i had never entertained a serious doubt and therefore in my instructions to governor walker of the 28th march last i merely said that when a constitution shall be submitted to the people of the territory they must be protected in the exercise of their right of voting for or against that instrument and the fair expression of the popular will must not be interrupted by fraud or violence in expressing this opinion it was far from my intention to interfere with the decision of the people of kansas either for or against slavery from this i have always carefully abstained intrusted with the duty of taking care that the laws be faithfully executed my only desire was that the people of kansas should furnish to congress the evidence required by the organic act whether for or against slavery and in this manner smooth their passage into the union in emerging from the condition of territorial dependence into that of a sovereign state it was their duty in my opinion to make known their will by the votes of the majority on the direct question whether this important domestic institution should or should not continue to exist indeed this was the only possible mode in which their will could be authentically ascertained the election of delegates to a convention must necessarily take place in separate districts from this because it may readily happen as has often been the case that a majority of the people of a state or territory are on one side of a question whilst a majority of the representatives from the several districts into which it is divided may be upon the other side this arises front the fact that in some districts delegates may be elected by small majorities whilst in others those of different sentiments may receive majorities sufficiently great not only to overcome the votes given for the former but to leave a large majority of the whole people in direct opposition to a majority of the delegates besides our history proves that influences may be brought to bear on the representative sufficiently powerful to induce him to disregard the will of his constituents the truth is that no other authentic and satisfactory mode exists of ascertaining the will of a majority of the people of any state or territory on an important and exciting question like that of slavery in kansas except by leaving it to a direct vote how wise then was it for congress to pass over all subordinate and intermediate agencies and proceed directly to the source of all legitimate power under our institutions how vain would any other principle prove in practice this may be illustrated by the case of kansas should she be admitted into the union with a constitution either maintaining or abolishing slavery against the sentiment of the people this could have no other effect than to continue and to exasperate the existing agitation during the brief period required to make the constitution conform to the irresistible will of the majority the friends and supporters of the nebraska and kansas act when struggling on a recent occasion to sustain its wise provisions before the great tribunal of the american people never differed about its true meaning on this subject everywhere throughout the union they publicly pledged their faith and their honor that they would cheerfully submit the question of slavery to the decision of the bona fide people of kansas without any restriction or qualification whatever all were cordially united upon the great doctrine of popular sovereignty which is the vital principle of our free institutions had it then been insinuated from any quarter that it would be a sufficient compliance with the requisitions of the organic law for the members of a convention thereafter to be elected to withhold the question of slavery from the people and to substitute their own will for that of a legally ascertained majority of all their constituents this would have been instantly rejected everywhere they remained true to the resolution adopted on a celebrated occasion recognizing the right of the people of all the territories including kansas and nebraska acting through the legally and fairly expressed will of a majority of actual residents and whenever the number of their inhabitants justifies it to form a constitution with or without slavery and be admitted into the union upon terms of perfect equality with the other states the convention to frame a constitution for kansas met on the first monday of september last they were called together by virtue of an act of the territorial legislature whose lawful existence had been recognized by congress in different forms and by different enactments a large proportion of the citizens of kansas did not think proper to register their names and to vote at the election for delegates but an opportunity to do this having been fairly afforded their refusal to avail themselves of their right could in no manner affect the legality of the convention this convention proceeded to frame a constitution for kansas and finally adjourned on the 7th day of november but little difficulty occurred in the convention except on the subject of slavery the truth is that the general provisions of our recent state constitutions are so similar and i may add so excellent that the difference between them is not essential under the earlier practice of the government no constitution framed by the convention of a territory preparatory to its admission into the union as a state had been submitted to the people i trust however the example set by the last congress requiring that the constitution of minnesota should be subject to the approval and ratification of the people of the proposed state may be followed on future occasions i took it for granted that the convention of kansas would act in accordance with this example rounded as it is on correct principles and hence my instructions to governor walker in favor of submitting the constitution to the people were expressed in general and unqualified terms in the act however this requirement as applicable to the whole constitution had not been inserted and the convention were not bound by its terms to submit any other portion of the instrument to an election except that which relates to the domestic institution of slavery this will be rendered clear by a simple reference to its language it was not to legislate slavery into any territory or state nor to exclude it therefrom but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way according to the plain construction of the sentence the words domestic institutions have a direct as they have an appropriate reference to slavery domestic institutions are limited to the family the relation between master and slave and a few others are domestic institutions and are entirely distinct from institutions of a political character besides there was no question then before congress nor indeed has there since been any serious question before the people of kansas or the country except that which relates to the domestic institution of slavery the convention after an angry and excited debate finally determined by a majority of only two to submit the question of slavery to the people though at the last of the fifty delegates present affixed their signatures to the constitution a large majority of the convention were in favor of establishing slavery in kansas they accordingly inserted an article in the constitution for this purpose similar in form to those which had been adopted by other territorial conventions in the schedule however providing for the transition from a territorial to a state government the question has been fairly and explicitly referred to the people whether they will have a constitution with or without slavery it declares that before the constitution adopted by the convention shall be sent to congress for admission into the union as a state an election shall be held to decide this question at which all the white male inhabitants of the territory above the age of 21 are entitled to vote they are to vote by ballot and the ballots cast at said election shall be indorsed with slavery and with no slavery if there be a majority in favor of the constitution with slavery then it is to be transmitted to congress by the president of the convention in its original form if on the contrary there shall be a majority in favor of the constitution with no slavery then the article providing for slavery shall be stricken from the constitution by the president of this convention and it is expressly declared that no slavery shall exist in the state of kansas except that the right of property in slaves now in the territory shall in no manner be interfered with and in that event it is made his duty to have the constitution thus ratified transmitted to the congress of the united states for the admission of the state into the union at this election every citizen will have an opportunity of expressing his opinion by his vote whether kansas shall be received into the union with or without slavery and thus this exciting question may be peacefully settled in the very mode required by the organic law the election will be held under legitimate authority and if any portion of the inhabitants shall refuse to vote a fair opportunity to do so having been presented this will be their own voluntary act and they alone will be responsible for the consequences whether kansas shall be a free or a slave state must eventually under some authority be decided by an election and the question can never be more clearly or distinctly presented to the people than it is at the present moment should this opportunity be rejected she may be involved for years in domestic discord and possibly in civil war before she can again make up the issue now so fortunately tendered and again reach the point she has already attained kansas has for some years occupied too much of the public attention it is high time this should be directed to far more important objects when once admitted into the union whether with or without slavery the excitement beyond her own limits will speedily pass away and she will then for the first time be left as she ought to have been long since to manage her own affairs in her own way if her constitution on the subject of slavery or on any other subject be displeasing to a majority of the people no human power can prevent them from changing it within a brief period under these circumstances it may well be questioned whether the peace and quiet of the whole country are not of greater importance than the mere temporary triumph of either of the political parties in kansas should the constitution without slavery be adopted by the votes of the majority the rights of property in slaves now in the territory are reserved the number of these is very small but if it were greater the provision would be equally just and reasonable the slaves were brought into the territory under the constitution of the united states and are now the property of their masters this point has at length been finally decided by the highest judicial tribunal of the country and this upon the plain principle that when a confederacy of sovereign states acquire a new territory at their joint expense both equality and justice demand that the citizens of one and all of them shall have the right to take into it whatsoever is recognized as property by the common constitution to have summarily confiscated the property in slaves already in the territory would have been an act of gross injustice and contrary to the practice of the older states of the union which have abolished slavery a territorial government was established for utah by act of congress approved the 9th september 1850 and the constitution and laws of the united states were thereby extended over it so far as the same or any provisions thereof may be applicable this act provided for the appointment by the president by and with the advice and consent of the senate of a governor who was to be ex officio superintendent of indian affairs a secretary three judges of the supreme court a marshal and a district attorney subsequent acts provided for the appointment of the officers necessary to extend our land and our indian system over the territory brigham young was appointed the first governor on the 20th september 1850 and has held the office ever since whilst governor young has been both governor and superintendent of indian affairs throughout this period he has been at the same time the head of the church called the saints and professes to govern its members and dispose of their property by direct inspiration and authority from the almighty his power has been therefore absolute over both church and state the people of utah almost exclusively belong to this church and believing with a fanatical spirit that he is governor of the territory by divine appointment they obey his commands as if these were direct revelations from heaven if therefore he chooses that his government shall come into collision with the government of the united states the members of the mormon church will yield implicit obedience to his will unfortunately existing facts leave but little doubt that such is his determination without entering upon a minute history of occurrences it is sufficient to say that all the officers of the united states judicial and executive with the single exception of two indian agents have found it necessary for their own personal safety to withdraw from the territory and there no longer remains any government in utah but the despotism of brigham young this being the condition of affairs in the territory i could not mistake the path of duty as chief executive magistrate i was bound to restore the supremacy of the constitution and laws within its limits in order to effect this purpose i appointed a new governor and other federal officers for utah and sent with them a military force for their protection and to aid as a posse comitatus in case of need in the execution of the laws with the religious opinions of the mormons as long as they remained mere opinions however deplorable in themselves and revolting to the moral and religious sentiments of all christendom i had no right to interfere actions alone when in violation of the constitution and laws of the united states become the legitimate subjects for the jurisdiction of the civil magistrate my instructions to governor cumming have therefore been framed in strict accordance with these principles at their date a hope was indulged that no necessity might exist for employing the military in restoring and maintaining the authority of the law but this hope has now vanished governor young has by proclamation declared his determination to maintain his power by force and has already committed acts of hostility against the united states unless he should retrace his steps the territory of utah will be in a state of open rebellion he has committed these acts of hostility notwithstanding major van vliet an officer of the army sent to utah by the commanding general to purchase provisions for the troops had given him the strongest assurances of the peaceful intentions of the government and that the troops would only be employed as a posse comitatus when called on by the civil authority to aid in the execution of the laws there is reason to believe that governor young has long contemplated this result he knows that the continuance of his despotic power depends upon the exclusion of all settlers from the territory except those who will acknowledge his divine mission and implicitly obey his will and that an enlightened public opinion there would soon prostrate institutions at war with the laws both of god and man he has therefore for several years in order to maintain his independence been industriously employed in collecting and fabricating arms and munitions of war and in disciplining the mormons for military service as superintendent of indian affairs he has had an opportunity of tampering with the indian tribes and exciting their hostile feelings against the united states this according to our information he has accomplished in regard to some of these tribes while others have remained true to their allegiance and have communicated his intrigues to our indian agents he has laid in a store of provisions for three years which in case of necessity as he informed major van vliet he will conceal and then take to the mountains and bid defiance to all the powers of the government a great part of all this may be idle boasting but yet no wise government will lightly estimate the efforts which may be inspired by such frenzied fanaticism as exists among the mormons in utah this is the first rebellion which has existed in our territories and humanity itself requires that we should put it down in such a manner that it shall be the last to trifle with it would be to encourage it and to render it formidable we ought to go there with such an imposing force as to convince these deluded people that resistance would be vain and thus spare the effusion of blood we can in this manner best convince them that we are their friends not their enemies in order to accomplish this object it will be necessary according to the estimate of the war department to raise four additional regiments and this i earnestly recommend to congress at the present moment of depression in the revenues of the country i am sorry to be obliged to recommend such a measure but i feel confident of the support of congress cost what it may in suppressing the insurrection and in restoring and maintaining the sovereignty of the constitution and laws over the territory of utah i recommend to congress the establishment of a territorial government over arizona incorporating with it such portions of new mexico as they may deem expedient i need scarcely adduce arguments in support of this recommendation we are bound to protect the lives and the property of our citizens inhabiting arizona and these are now without any efficient protection their present number is already considerable and is rapidly increasing notwithstanding the disadvantages under which they labor besides the proposed territory is believed to be rich in mineral and agricultural resources especially in silver and copper the mails of the united states to california are now carried over it throughout its whole extent and this route is known to be the nearest and believed to be the best to the pacific long experience has deeply convinced me that a strict construction of the powers granted to congress is the only true as well as the only safe theory of the constitution whilst this principle shall guide my public conduct i consider it clear that under the power congress may appropriate money for the construction of a military road through the territories of the united states when this is absolutely necessary for the defense of any of the states against foreign invasion the constitution has conferred upon congress power to declare war to raise and support armies to provide and maintain a navy and to call forth the militia to repel invasions these high sovereign powers necessarily involve important and responsible public duties and among them there is none so sacred and so imperative as that of preserving our soil from the invasion of a foreign enemy the constitution has therefore left nothing on this point to construction but expressly requires that the united states shall protect each of them the states against invasion now if a military road over our own territories be indispensably necessary to enable us to meet and repel the invader it follows as a necessary consequence not only that we possess the power but it is our imperative duty to construct such a road it would be an absurdity to invest a government with the unlimited power to make and conduct war and at the same time deny to it the only means of reaching and defeating the enemy at the frontier without such a road it is quite evident we can not protect california and our pacific possessions against invasion we can not by any other means transport men and munitions of war from the atlantic states in sufficient time successfully to defend these remote and distant portions of the republic experience has proved that the routes across the isthmus of central america are at best but a very uncertain and unreliable mode of communication but even if this were not the case they would at once be closed against us in the event of war with a naval power so much stronger than our own as to enable it to blockade the ports at either end of these routes after all therefore we can only rely upon a military road through our own territories and ever since the origin of the government congress has been in the practice of appropriating money from the public treasury for the construction of such roads the difficulties and the expense of constructing a military railroad to connect our atlantic and pacific states have been greatly exaggerated the distance on the arizona route near the parallel of north latitude between the western boundary of texas on the rio grande and the eastern boundary of california on the colorado from the best explorations now within our knowledge does not exceed 470 miles and the face of the country is in the main favorable for obvious reasons the government ought not to undertake the work itself by means of its own agents this ought to be committed to other agencies which congress might assist either by grants of land or money or by both upon such terms and conditions as they may deem most beneficial for the country provision might thus be made not only for the safe rapid and economical transportation of troops and munitions of war but also of the public mails the commercial interests of the whole country both east and west would be greatly promoted by such a road and above all it would be a powerful additional bond of union and although advantages of this kind whether postal commercial or political can not confer constitutional power yet they may furnish auxiliary arguments in favor of expediting a work which in my judgment is clearly embraced within the power for these reasons i commend to the friendly consideration of congress the subject of the pacific railroad without finally committing myself to any particular route the report of the secretary of the treasury will furnish a detailed statement of the condition of the public finances and of the respective branches of the public service devolved upon that department of the government by this report it appears that the amount of revenue received from all sources into the treasury during the fiscal year ending the 30th june 1857 was which amount with the balance of remaining in the treasury at the commencement of the year made an aggregate for the service of the year of the public expenditures for the fiscal year ending 30th june 1857 amounted to of which were applied to the redemption of the public debt including interest and premium leaving in the treasury at the commencement of the present fiscal year on the 1st july 1857 the receipts into the treasury for the first quarter of the present fiscal year commencing 1st july 1857 were and the estimated receipts of the remaining three quarters to the 30th june 1858 are making with the balance before stated an aggregate of for the service of the present fiscal year the actual expenditures during the first quarter of the present fiscal year were of which were applied to the redemption of the public debt including interest and premium the probable expenditures of the remaining three quarters to 30th june 1858 are including interest on the public debt making an aggregate of leaving an estimated balance in the treasury at the close of the present fiscal year of the amount of the public debt at the commencement of the present fiscal year was the amount redeemed since the 1st of july was leaving a balance unredeemed at this time of the amount of estimated expenditures for the remaining three quarters of the present fiscal year will in all probability be increased from the causes set forth in the report of the secretary his suggestion therefore that authority should be given to supply any temporary deficiency by the issue of a limited amount of treasury notes is approved and i accordingly recommend the passage of such a law as stated in the report of the secretary the tariff of march 3 1857 has been in operation for so short a period of time and under circumstances so unfavorable to a just development of its results as a revenue measure that i should regard it as inexpedient at least for the present to undertake its revision i transmit herewith the reports made to me by the secretaries of war and of the navy of the interior and of the they all contain valuable and important information and suggestions which i commend to the favorable consideration of congress i have already recommended the raising of four additional regiments and the report of the secretary of war presents strong reasons proving this increase of the army under existing circumstances to be indispensable i would call the special attention of congress to the recommendation of the secretary of the navy in favor of the construction of ten small war steamers of light draft for some years the government has been obliged on many occasions to hire such steamers from individuals to supply its pressing wants at the present moment we have no armed vessel in the navy which can penetrate the rivers of china we have but few which can enter any of the harbors south of norfolk although many millions of foreign and domestic commerce annually pass in and out of these harbors some of our most valuable interests and most vulnerable points are thus left exposed this class of vessels of light draft great speed and heavy guns would be formidable in coast defense the cost of their construction will not be great and they will require but a comparatively small expenditure to keep them in commission in time of peace they will prove as effective as much larger vessels and more useful one of them should be at every station where we maintain a squadron and three or four should be constantly employed on our atlantic and pacific coasts economy utility and efficiency combine to recommend them as almost indispensable ten of these small vessels would be of incalculable advantage to the naval service and the whole cost of their construction would not exceed or each the report of the secretary of the interior is worthy of grave consideration it treats of the numerous important and diversified branches of domestic administration intrusted to him by law among these the most prominent are the public lands and our relations with the indians our system for the disposal of the public lands originating with the fathers of the republic has been improved as experience pointed the way and gradually adapted to the growth and settlement of our western states and territories it has worked well in practice already thirteen states and seven territories have been carved out of these lands and still more than a thousand millions of acres remain unsold what a boundless prospect this presents to our country of future prosperity and power we have heretofore disposed of acres of the public land whilst the public lands as a source of revenue are of great importance their importance is far greater as furnishing homes for a hardy and independent race of honest and industrious citizens who desire to subdue and cultivate the soil they ought to be administered mainly with a view of promoting this wise and benevolent policy in appropriating them for any other purpose we ought to use even greater economy than if they had been converted into money and the proceeds were already in the public treasury to squander away this richest and noblest inheritance which any people have ever enjoyed upon objects of doubtful constitutionality or expediency would be to violate one of the most important trusts ever committed to any people whilst i do not deny to congress the power when acting bona fide as a proprietor to give away portions of them for the purpose of increasing the value of the remainder yet considering the great temptation to abuse this power we can not be too cautious in its exercise actual settlers under existing laws are protected against other purchasers at the public sales in their right of preemption to the extent of a quarter section or 160 acres of land the remainder may then be disposed of at public or entered at private sale in unlimited quantities speculation has of late years prevailed to a great extent in the public lands the consequence has been that large portions of them have become the property of individuals and companies and thus the price is greatly enhanced to those who desire to purchase for actual settlement in order to limit the area of speculation as much as possible the extinction of the indian title and the extension of the public surveys ought only to keep pace with the tide of emigration if congress should hereafter grant alternate sections to states or companies as they have done heretofore i recommend that the intermediate sections retained by the government should be subject to preemption by actual settlers it ought ever to be our cardinal policy to reserve the public lands as much as may be for actual settlers and this at moderate prices we shall thus not only best promote the prosperity of the new states and territories and the power of the union but shall secure homes for our posterity for many generations the extension of our limits has brought within our jurisdiction many additional and populous tribes of indians a large proportion of which are wild untractable and difficult to control predatory and warlike in their disposition and habits it is impossible altogether to restrain them from committing aggressions on each other as well as upon our frontier citizens and those emigrating to our distant states and territories hence expensive military expeditions are frequently necessary to overawe and chastise the more lawless and hostile the present system of making them valuable presents to influence them to remain at peace has proved ineffectual it is believed to be the better policy to colonize them in suitable localities where they can receive the rudiments of education and be gradually induced to adopt habits of industry so far as the experiment has been tried it has worked well in practice and it will doubtless prove to be less expensive than the present system the whole number of indians within our territorial limits is believed to be from the best data in the interior department about the tribes of cherokees choctaws chickasaws and creeks settled in the territory set apart for them west of arkansas are rapidly advancing in education and in all the arts of civilization and and we may indulge the agreeable anticipation that at no very distant day they will be incorporated into the union as one of the sovereign states it will be seen from the report of the that the department still continues to depend on the treasury as it has been compelled to do for several years past for an important portion of the means of sustaining and extending its operations their rapid growth and expansion are shown by a decennial statement of the number of and the length of commencing with the year 1827 in that year there were in 1837 in 1847 and in 1857 they number in this year have been established and 704 discontinued leaving a net increase of the postmasters of 368 offices are appointed by the president the length of in 1827 was miles in miles in 1847 miles and in the year 1857 there are miles of including miles of railroad on which the mails are transported the expenditures of the department for the fiscal year ending on the 30th june 1857 as adjusted by the auditor amounted to to defray these expenditures there was to the credit of the department on the 1st july 1856 the sum of the gross revenue of the year including the annual allowances for the transportation of free mail matter produced and the remainder was supplied by the appropriation from the treasury of granted by the act of congress approved august 18 1856 and by the appropriation of made by the act of march 3 1857 leaving to be carried to the credit of the department in the accounts of the current year i commend to your consideration the report of the department in relation to the establishment of the overland mail route from the mississippi river to san francisco cal the route was selected with my full concurrence as the one in my judgment best calculated to attain the important objects contemplated by congress the late disastrous monetary revulsion may have one good effect should it because both the government and the people to return to the practice of a wise and judicious economy both in public and private expenditures an overflowing treasury has led to habits of prodigality and extravagance in our legislation it has induced congress to make large appropriations to objects for which they never would have provided had it been necessary to raise the amount of revenue required to meet them by increased taxation or by loans we are now compelled to pause in our career and to scrutinize our expenditures with the utmost vigilance and in performing this duty i pledge my cooperation to the extent of my constitutional competency it ought to be observed at the same time that true public economy does not consist in withholding the means necessary to accomplish important national objects intrusted to us by the constitution and especially such as may be necessary for the common defense in the present crisis of the country it is our duty to confine our appropriations to objects of this character unless in cases where justice to individuals may demand a different course in all cases care ought to be taken that the money granted by congress shall be faithfully and economically applied under the federal constitution every bill which shall have passed the house of representatives and the senate shall before it become a law be approved and signed by the president and if not approved he shall return it with his objections to that house in which it shall have originated in order to perform this high and responsible duty sufficient time must be allowed the president to read and examine every bill presented to him for approval unless this be afforded the constitution becomes a dead letter in this particular and even worse it becomes a means of deception our constituents seeing the president approval and signature attached to each act of congress are induced to believe that he has actually performed his duty when in truth nothing is in many cases more unfounded from the practice of congress such an examination of each bill as the constitution requires has been rendered impossible the most important business of each session is generally crowded into its last hours and the alternative presented to the president is either to violate the constitutional duty which he owes to the people and approve bills which for want of time it is impossible he should have examined or by his refusal to do this subject the country and individuals to great loss and inconvenience besides a practice has grown up of late years to legislate in appropriation bills at the last hours of the session on new and important subjects this practice constrains the president either to suffer measures to become laws which he does not approve or to incur the risk of stopping the wheels of the government by vetoing an appropriation bill formerly such bills were confined to specific appropriations for carrying into effect existing laws and the policy of the country and little time was then requited by the president for their examination for my own part i have deliberately determined that i shall approve no bills which i have not examined and it will be a case of extreme and most urgent necessity which shall ever induce me to depart from this rule i therefore respectfully but earnestly recommend that the two houses would allow the president at least two days previous to the adjournment of each session within which no new bill shall be presented to him for approval under the existing joint rule one day is allowed but this rule has been hitherto so constantly suspended in practice that important bills continue to be presented to him up till the very last moments of the session in a large majority of cases no great public inconvenience can arise from the want of time to examine their provisions because the constitution has declared that if a bill be presented to the president within the last ten days of the session he is not required to return it either with an approval or with a veto in which case it shall not be a law it may then lie over and be taken up and passed at the next session great inconvenience would only be experienced in regard to appropriation bills but fortunately under the late excellent law allowing a salary instead of a per diem to members of congress the expense and inconvenience of a called session will be greatly reduced i can not conclude without commending to your favorable consideration the interest of the people of this district without a representative on the floor of congress they have for this very reason peculiar claims upon our just regard to this i know from my long acquaintance with them they are eminently entitled
obedience command constitution become duty give congress information state union recommend consideration measures judge necessary expedient first thanks due almighty god numerous benefits bestowed upon people united prayers ought ascend would continue bless great republic time come blessed time past since adjournment last congress constituents enjoyed unusual degree health earth yielded fruits abundantly bountifully rewarded toil husbandman great staples commanded high prices till within brief period manufacturing mineral mechanical occupations largely partaken general prosperity possessed elements material wealth rich abundance yet notwithstanding advantages country monetary interests present moment deplorable condition midst unsurpassed plenty productions agriculture elements national wealth find manufactures suspended public works retarded private enterprises different kinds abandoned thousands useful laborers thrown employment reduced want revenue government chiefly derived duties imports abroad greatly reduced whilst appropriations made congress last session current fiscal year large amount circumstances loan may required close present session although deeply regretted would prove slight misfortune compared suffering distress prevailing among people government fail deeply sympathize though may without power extend relief duty inquire produced unfortunate results whether recurrence prevented former revulsions blame might fairly attributed variety cooperating causes upon present occasion apparent existing misfortunes proceeded solely extravagant vicious system paper currency bank credits exciting people wild speculations gambling stocks revulsions must continue recur successive intervals long amount paper currency bank loans discounts country shall left discretion irresponsible banking institutions law nature consult interest stockholders rather public welfare framers constitution gave congress power coin money regulate value thereof prohibited states coining money emitting bills credit making anything gold silver coin tender payment debts supposed protected people evils excessive irredeemable paper currency responsible existing anomaly government endowed sovereign attribute coining money regulating value thereof power prevent others driving coin country filling channels circulation paper represent gold silver one highest responsible duties government insure people sound circulating medium amount ought adapted utmost possible wisdom skill wants internal trade foreign exchanges either greatly greatly proper standard marketable value every man property increased diminished proportion injustice individuals well incalculable evils community consequence unfortunately construction federal constitution prevailed long changed important delicate duty dissevered coining power virtually transferred state banks acting independently regulating paper issues almost exclusively regard present interest stockholders exercising sovereign power providing paper currency instead coin country first duty banks owe public keep vaults sufficient amount gold silver insure convertibility notes coin times circumstances bank ought ever chartered without restrictions business secure result restrictions comparatively vain true touchstone efficient regulator paper currency one guard public overissues bank suspensions collateral eventual security doubtless wise cases ought required banks shall hold amount united states state securities equal notes circulation pledged redemption however furnishes adequate security overissue contrary may perverted inflate currency indeed possible means convert debts united states state governments bank notes without reference specie required redeem however valuable securities may converted gold silver moment pressure experience teaches sufficient time prevent bank suspensions depreciation bank notes england considerable extent country though vastly behind respect deemed advisable anterior act parliament 1844 wisely separated issue notes banking department bank england always keep hand gold silver equal combined circulation deposits proportion sufficient secure convertibility notes whole great britain extent continent europe field circulation rendering almost impossible sudden immediate run dangerous amount made upon proportion would certainly insufficient banking system banks limited circumference circulation course days depositors note holders might demand bank sufficient amount specie compel suspend even although coin vaults equal immediate liabilities yet aware exception banks louisiana state bank throughout union required charter keep proportion gold silver compared amount combined circulation deposits consequence recent report made treasury department condition banks throughout different states according returns dated nearest january 1857 aggregate amount actual specie vaults circulation deposits thus appears banks aggregate considerably less one dollar seven gold silver compared circulation deposits palpable therefore first pressure must drive suspension deprive people convertible currency disastrous consequences truly wonderful long continued preserve credit demand payment immediate liabilities would driven insolvency condition banks notwithstanding four hundred millions gold california flowed upon us within last eight years tide still continues flow indeed extravagance bank credits banks hold considerably less amount specie either proportion capital circulation deposits combined discovery gold california whilst year 1848 specie proportion capital equal one dollar four half 1857 amount one dollar every six dollars cents capital year 1848 specie equal within small fraction one dollar five circulation deposits 1857 equal one dollar seven half circulation deposits statement easy account financial history last forty years history extravagant expansions business country followed ruinous contractions successive intervals best enterprising men tempted ruin excessive bank loans mere paper credit exciting extravagant importations foreign goods wild speculations ruinous demoralizing stock gambling crisis arrives arrive must banks extend relief people vain struggle redeem liabilities specie compelled contract loans issues last hour distress assistance needed debtors together sink insolvency paper system extravagant expansion raising nominal price every article far beyond real value compared cost similar articles countries whose circulation wisely regulated prevented us competing markets foreign manufacturers produced extravagant importations counteracted effect large incidental protection afforded domestic manufactures present revenue tariff branches manufactures composed raw materials production country cotton iron woolen fabrics would acquired almost exclusive possession home market would created foreign market throughout world deplorable however may present financial condition may yet indulge bright hopes future nation ever existed could endured violent expansions contractions paper credits without lasting injury yet buoyancy youth energies population spirit never quails difficulties enable us soon recover present financial embarrassments may even occasion us speedily forget lesson taught meantime duty government proper means within power aid alleviating sufferings people occasioned suspension banks provide recurrence calamity unfortunately either aspect ease little thanks independent treasury government suspended payment compelled failure banks 1837 continue discharge liabilities people gold silver disbursements coin pass circulation materially assist restoring sound currency high credit compelled make temporary loan effected advantageous terms however shall possible avoided amount shall limited lowest practicable sum therefore determined whilst useful government works already progress shall suspended new works already commenced postponed done without injury country necessary defense shall proceed though crisis monetary affairs federal government much provide recurrence existing evils even insurmountable constitutional objections exist creation national bank would furnish adequate preventive security history last bank united states abundantly proves truth assertion bank could would regulate issues credits state banks manner prevent ruinous expansions contractions currency afflicted country throughout existence late bank secure us future suspensions 1825 effort made bank england curtail issues country banks favorable circumstances paper currency expanded ruinous extent bank put forth power contract order reduce prices restore equilibrium foreign exchanges accordingly commenced system curtailment loans issues vain hope joint stock private banks kingdom would compelled follow example found however contracted expanded end process employ language high official authority whatever reduction paper circulation effected bank england 1825 made issues country banks bank united states would could restrain issues loans state banks duty regulator currency must often direct conflict immediate interest stockholders expect one agent restrain control another interests must least degree antagonistic directors bank united states would feel interest inclination directors state banks expand currency accommodate favorites friends loans declare large dividends experience regard last bank must mainly rely upon patriotism wisdom states prevention redress evil afford us real specie basis paper circulation increasing denomination bank notes first twenty afterwards fifty dollars require banks shall times keep hand least one dollar gold silver every three dollars circulation deposits provide enactment nothing arrest moment suspend shall go liquidation believe provisions weekly publication bank statement condition would go far secure us future suspensions specie payments congress opinion possess power pass uniform bankrupt law applicable banking institutions throughout united states strongly recommend exercise would make irreversible organic law bank existence suspension specie payments shall produce civil death instinct would compel perform duties manner escape penalty preserve life existence banks circulation bank paper identified habits people day suddenly abolished without much immediate injury country could confine appropriate sphere prevent administering spirit wild reckless speculation extravagant loans issues might continued advantage public say long much reflection experience shall prove impossible enjoy facilities banks might afford without time suffering calamities excesses banks hitherto inflicted upon country would far lesser evil deprive altogether power issue paper currency confine functions banks deposit discount relations foreign governments upon whole satisfactory condition diplomatic difficulties existed government united states great britain adjournment last congress happily terminated appointment british minister country cordially received whilst greatly interest convinced sincere desire governments people two countries terms intimate friendship misfortune almost always irritating dangerous outstanding question great britain since origin government employed negotiating treaties power afterwards discussing true intent meaning respect convention april 19 1850 commonly called clayton bulwer treaty unfortunate two governments place directly opposite contradictory constructions upon first important article whilst united states believed treaty would place powers upon exact equality stipulation neither ever occupy fortify colonize assume exercise dominion part central america contended british government true construction language left rightful possession portion central america occupancy date treaty fact treaty virtual recognition part united states right great britain either owner protector whole extensive coast central america sweeping round rio hondo port harbor san juan de nicaragua together adjacent bay islands except comparatively small portion sarstoon cape honduras according construction treaty simply prohibit extending possessions central america beyond present limits much assert united states treaty considered susceptible construction never would negotiated authority president would received approbation senate universal conviction united states government consented violate traditional policy stipulate foreign government never occupy acquire territory central american portion continent consideration sacrifice great britain respect least placed position whilst right doubt sincerity british government construction treaty time deliberate conviction construction opposition letter spirit late administration negotiations instituted two governments purpose possible removing difficulties treaty laudable object view signed london 17th october 1856 submitted president senate following 10th december whether treaty either original amended form would accomplished object intended without giving birth new embarrassing complications two governments may perhaps well questioned certain however rendered much less objectionable different amendments made senate treaty amended ratified 12th march 1857 transmitted london ratification british government government expressed willingness concur amendments made senate single exception clause relating ruatan islands bay honduras article original treaty submitted senate reciting islands inhabitants convention bearing date 27th day august 1856 britannic majesty republic honduras constituted declared free territory sovereignty said republic honduras stipulated two contracting parties hereby mutually engage recognize respect future time independence rights said free territory part republic honduras upon examination convention great britain honduras 27th august 1856 found whilst declaring bay islands free territory sovereignty republic honduras deprived republic rights without sovereignty could scarcely said exist divided remainder honduras gave inhabitants separate government legislative executive judicial officers elected deprived government honduras taxing power every form exempted people islands performance military duty except exclusive defense also prohibited republic erecting fortifications upon protection thus leaving open invasion quarter finally provided slavery shall time hereafter permitted exist therein honduras ratified convention would ratified establishment state substantially independent within limits state times subject british influence control moreover united states ratified treaty great britain original form bound recognize respect future time stipulations prejudice honduras direct opposition spirit meaning clayton bulwer treaty understood united states senate rejected entire clause substituted stead simple recognition sovereign right honduras islands following language two contracting parties hereby mutually engage recognize respect islands ruatan bonaco utila barbaretta helena moral situate bay honduras coast republic honduras sovereignty part said republic honduras great britain rejected amendment assigning reason ratifications convention 27th august 1856 honduras exchanged owing hesitation government done stated majesty government would little difficulty agreeing modification proposed senate would effect signification original wording whether would effect whether mere circumstance exchange ratifications british convention honduras prior point time ratification treaty great britain would effect signification original wording thus nullified amendment senate may well doubted perhaps fortunate question never arisen british government immediately rejecting treaty amended proposed enter new treaty united states similar respects treaty refused ratify united states would consent add senate clear unqualified recognition sovereignty honduras bay islands following conditional stipulation whenever soon republic honduras shall concluded ratified treaty great britain great britain shall ceded republic honduras shall accepted said islands subject provisions conditions contained treaty proposition course rejected senate refused recognize british convention honduras 27th august 1856 full knowledge contents impossible necessarily ignorant provisions conditions might contained future convention parties sanction advance fact two nations like great britain united states mutually desirous trust ever may maintaining friendly relations unfortunately concluded treaty understand senses directly opposite wisest course abrogate treaty mutual consent commence anew done promptly difficulties central america would probably ere adjusted satisfaction parties time spent discussing meaning clayton bulwer treaty would devoted praiseworthy purpose task would easily accomplished interest two countries central america identical confined securing safe transits routes across isthmus whilst entertaining sentiments shall nevertheless refuse contribute reasonable adjustment central american questions practically inconsistent american interpretation treaty overtures purpose recently made british government friendly spirit cordially reciprocate whether renewed effort result success yet prepared express opinion brief period determine france ancient relations friendship still continue exist french government several recent instances need enumerated evinced spirit good kindness toward country heartily reciprocate notwithstanding much regretted two nations whose productions character invite extensive exchanges freest commercial intercourse continue enforce ancient obsolete restrictions trade commercial treaty france respect exception treaties commercial nations jealously levies discriminating duties tonnage articles growth produce manufacture one country arriving vessels belonging forty years ago 3d march 1815 congress passed act offering nations admit vessels laden national productions ports united states upon terms vessels provided would reciprocate us similar advantages act confined reciprocity productions respective foreign nations might enter proposed arrangement united states act may 24 1828 removed restriction offered similar reciprocity vessels without reference origin cargoes upon principles commercial treaties arrangements rounded except france let us hope exception may long exist relations russia remain ever friendly footing present emperor well predecessors never failed occasion offered manifest good country friendship always highly appreciated government people united states european governments except spain relations peaceful could desire regret say progress whatever made since adjournment congress toward settlement numerous claims citizens spanish government besides outrage committed flag spanish war frigate ferrolana high seas coast cuba march 1855 firing american mail steamer el dorado detaining searching remains unacknowledged unredressed general tone temper spanish government toward united states much regretted present envoy extraordinary minister plenipotentiary madrid asked recalled purpose send new minister spain special instructions questions pending two governments determination speedily amicably adjusted possible meantime whenever minister urges claims citizens notice spanish government met objection congress never made appropriation recommended president polk annual message december 1847 paid spanish government purpose distribution among claimants amistad case similar recommendation made immediate predecessor message december 1853 entirely concurring opinion indemnity justly due treaty spain 27th october 1795 earnestly recommend appropriation favorable consideration congress treaty friendship commerce concluded constantinople 13th december 1856 united states persia ratifications exchanged constantinople 13th june 1857 treaty proclaimed president 18th august 1857 treaty believed prove beneficial american commerce shah manifested earnest disposition cultivate friendly relations country expressed strong wish represented teheran minister plenipotentiary recommend appropriation made purpose recent occurrences china unfavorable revision treaty empire 3d july 1844 view security extension commerce article treaty stipulated revision case experience prove requisite case two governments expiration twelve years date said convention treat amicably concerning means suitable persons appointed conduct negotiations twelve years expired 3d july 1856 long period ascertained important changes treaty necessary several fruitless attempts made commissioner united states effect changes another effort made purpose commissioner conjunction ministers england france suspended occurrence hostilities canton river great britain chinese empire hostilities necessarily interrupted trade nations canton state blockade occasioned serious loss life property meanwhile insurrection within empire existing imperial dynasty still continues difficult anticipate result circumstances deemed advisable appoint distinguished citizen pennsylvania envoy extraordinary minister plenipotentiary proceed china avail opportunities may offer effect changes existing treaty favorable american commerce left united states place destination july last war steamer minnesota special ministers china also appointed governments great britain france whilst minister instructed occupy neutral position reference existing hostilities canton cordially cooperate british french ministers peaceful measures secure treaty stipulations concessions commerce nations world right expect china long permitted withhold assurances received entertain doubt three ministers act harmonious concert obtain similar commercial treaties powers represent fail feel deep interest concerns welfare independent republics continent well empire brazil difficulties new granada short time since bore threatening aspect hoped fair train settlement manner honorable parties isthmus central america including panama great highway atlantic pacific large portion commerce world destined pass united states deeply interested nation preserving freedom security communications across isthmus duty therefore take care shall interrupted either invasions country wars independent states central america treaty new granada 12th december 1846 bound guarantee neutrality isthmus panama panama railroad passes well rights sovereignty property new granada possesses said territory obligation rounded upon equivalents granted treaty government people united states circumstances recommend congress passage act authorizing president case necessity employ land naval forces united states carry effect guaranty neutrality protection also recommend similar legislation security route across isthmus may acquire interest treaty independent republics continent duty interest cultivate friendly relations never feel indifferent fate must always rejoice prosperity unfortunately us example advice lost much influence consequence lawless expeditions fitted within limits country nothing better calculated retard steady material progress impair character nation toleration enterprises violation law nations one first highest duties independent state relations members great family nations restrain people acts hostile aggression citizens subjects eminent writers public law hesitate denounce hostile acts robbery murder weak feeble states like central america may feel able assert vindicate rights case would far different expeditions set foot within territories make private war powerful nation expeditions fitted abroad portion country burn cities murder plunder people usurp government call power earth strictest account preventing enormities ever since administration general washington acts congress enforced punish severely crime setting foot military expedition within limits united states proceed thence nation state peace present neutrality act april 20 1818 little collection preexisting laws act president empowered employ land naval forces militia purpose preventing carrying expedition enterprise territories jurisdiction united states collectors customs authorized required detain vessel port reason believe take part lawless enterprises first rendered probable attempt would made get another unlawful expedition nicaragua secretary state issued instructions marshals district attorneys directed secretaries war navy appropriate army navy officers requiring vigilant use best exertions carrying effect provisions act 1818 notwithstanding precautions expedition escaped shores enterprises possible good country already inflicted much injury interests character prevented peaceful emigration united states states central america could fail prove highly beneficial parties concerned pecuniary point view alone citizens sustained heavy losses seizure closing transit route san juan two oceans leader recent expedition arrested new orleans discharged giving bail appearance insufficient sum commend whole subject serious attention congress believing duty interest well national character require adopt measures effectual restraining citizens committing outrages regret inform president paraguay refused ratify treaty united states state amended senate signature mentioned message predecessor congress opening session december 1853 reasons assigned refusal appear correspondence herewith submitted desirable ascertain fitness river la plata tributaries navigation steam united states steamer water witch sent thither purpose 1853 enterprise successfully carried february 1855 whilst peaceful prosecution voyage parana river steamer fired upon paraguayan fort fire returned water witch small force designed offensive operations retired conflict pretext upon attack made decree president paraguay october 1854 prohibiting foreign vessels war navigating rivers state paraguay however owner one bank river name belonging corientes state argentine confederation right government expect decree would obeyed acknowledged water witch properly speaking vessel war small steamer engaged scientific enterprise intended advantage commercial states generally circumstances constrained consider attack upon unjustifiable calling satisfaction paraguayan government citizens united states also established business paraguay property seized taken otherwise treated authorities insulting arbitrary manner requires redress demand purposes made firm conciliatory spirit probably granted executive shall authority use means event refusal accordingly recommended unnecessary state detail alarming condition territory kansas time inauguration opposing parties stood hostile array accident might relighted flames civil war besides critical moment kansas left without governor resignation governor geary 19th february previous territorial legislature passed law providing election delegates third monday june convention meet first monday september purpose framing constitution preparatory admission union law main fair regretted qualified electors registered voted provisions time election delegates extensive organization existed territory whose avowed object need put lawful government force establish government topeka constitution persons attached revolutionary organization abstained taking part election act territorial legislature omitted provide submitting people constitution might framed convention excited state public feeling throughout kansas apprehension extensively prevailed design existed force upon constitution relation slavery emergency became duty unquestionable right view union good citizens support territorial laws express opinion true construction provisions concerning slavery contained organic act congress 30th may 1854 congress declared true intent meaning act legislate slavery territory state exclude therefrom leave people thereof perfectly free form regulate domestic institutions way kansas admitted state received union without slavery constitution may prescribe time admission congress mean language delegates elected frame constitution authority finally decide question slavery intend leaving people people kansas decide question direct vote subject confess never entertained serious doubt therefore instructions governor walker 28th march last merely said constitution shall submitted people territory must protected exercise right voting instrument fair expression popular must interrupted fraud violence expressing opinion far intention interfere decision people kansas either slavery always carefully abstained intrusted duty taking care laws faithfully executed desire people kansas furnish congress evidence required organic act whether slavery manner smooth passage union emerging condition territorial dependence sovereign state duty opinion make known votes majority direct question whether important domestic institution continue exist indeed possible mode could authentically ascertained election delegates convention must necessarily take place separate districts may readily happen often case majority people state territory one side question whilst majority representatives several districts divided may upon side arises front fact districts delegates may elected small majorities whilst others different sentiments may receive majorities sufficiently great overcome votes given former leave large majority whole people direct opposition majority delegates besides history proves influences may brought bear representative sufficiently powerful induce disregard constituents truth authentic satisfactory mode exists ascertaining majority people state territory important exciting question like slavery kansas except leaving direct vote wise congress pass subordinate intermediate agencies proceed directly source legitimate power institutions vain would principle prove practice may illustrated case kansas admitted union constitution either maintaining abolishing slavery sentiment people could effect continue exasperate existing agitation brief period required make constitution conform irresistible majority friends supporters nebraska kansas act struggling recent occasion sustain wise provisions great tribunal american people never differed true meaning subject everywhere throughout union publicly pledged faith honor would cheerfully submit question slavery decision bona fide people kansas without restriction qualification whatever cordially united upon great doctrine popular sovereignty vital principle free institutions insinuated quarter would sufficient compliance requisitions organic law members convention thereafter elected withhold question slavery people substitute legally ascertained majority constituents would instantly rejected everywhere remained true resolution adopted celebrated occasion recognizing right people territories including kansas nebraska acting legally fairly expressed majority actual residents whenever number inhabitants justifies form constitution without slavery admitted union upon terms perfect equality states convention frame constitution kansas met first monday september last called together virtue act territorial legislature whose lawful existence recognized congress different forms different enactments large proportion citizens kansas think proper register names vote election delegates opportunity fairly afforded refusal avail right could manner affect legality convention convention proceeded frame constitution kansas finally adjourned 7th day november little difficulty occurred convention except subject slavery truth general provisions recent state constitutions similar may add excellent difference essential earlier practice government constitution framed convention territory preparatory admission union state submitted people trust however example set last congress requiring constitution minnesota subject approval ratification people proposed state may followed future occasions took granted convention kansas would act accordance example rounded correct principles hence instructions governor walker favor submitting constitution people expressed general unqualified terms act however requirement applicable whole constitution inserted convention bound terms submit portion instrument election except relates domestic institution slavery rendered clear simple reference language legislate slavery territory state exclude therefrom leave people thereof perfectly free form regulate domestic institutions way according plain construction sentence words domestic institutions direct appropriate reference slavery domestic institutions limited family relation master slave others domestic institutions entirely distinct institutions political character besides question congress indeed since serious question people kansas country except relates domestic institution slavery convention angry excited debate finally determined majority two submit question slavery people though last fifty delegates present affixed signatures constitution large majority convention favor establishing slavery kansas accordingly inserted article constitution purpose similar form adopted territorial conventions schedule however providing transition territorial state government question fairly explicitly referred people whether constitution without slavery declares constitution adopted convention shall sent congress admission union state election shall held decide question white male inhabitants territory age 21 entitled vote vote ballot ballots cast said election shall indorsed slavery slavery majority favor constitution slavery transmitted congress president convention original form contrary shall majority favor constitution slavery article providing slavery shall stricken constitution president convention expressly declared slavery shall exist state kansas except right property slaves territory shall manner interfered event made duty constitution thus ratified transmitted congress united states admission state union election every citizen opportunity expressing opinion vote whether kansas shall received union without slavery thus exciting question may peacefully settled mode required organic law election held legitimate authority portion inhabitants shall refuse vote fair opportunity presented voluntary act alone responsible consequences whether kansas shall free slave state must eventually authority decided election question never clearly distinctly presented people present moment opportunity rejected may involved years domestic discord possibly civil war make issue fortunately tendered reach point already attained kansas years occupied much public attention high time directed far important objects admitted union whether without slavery excitement beyond limits speedily pass away first time left ought long since manage affairs way constitution subject slavery subject displeasing majority people human power prevent changing within brief period circumstances may well questioned whether peace quiet whole country greater importance mere temporary triumph either political parties kansas constitution without slavery adopted votes majority rights property slaves territory reserved number small greater provision would equally reasonable slaves brought territory constitution united states property masters point length finally decided highest judicial tribunal country upon plain principle confederacy sovereign states acquire new territory joint expense equality justice demand citizens one shall right take whatsoever recognized property common constitution summarily confiscated property slaves already territory would act gross injustice contrary practice older states union abolished slavery territorial government established utah act congress approved 9th september 1850 constitution laws united states thereby extended far provisions thereof may applicable act provided appointment president advice consent senate governor ex officio superintendent indian affairs secretary three judges supreme court marshal district attorney subsequent acts provided appointment officers necessary extend land indian system territory brigham young appointed first governor 20th september 1850 held office ever since whilst governor young governor superintendent indian affairs throughout period time head church called saints professes govern members dispose property direct inspiration authority almighty power therefore absolute church state people utah almost exclusively belong church believing fanatical spirit governor territory divine appointment obey commands direct revelations heaven therefore chooses government shall come collision government united states members mormon church yield implicit obedience unfortunately existing facts leave little doubt determination without entering upon minute history occurrences sufficient say officers united states judicial executive single exception two indian agents found necessary personal safety withdraw territory longer remains government utah despotism brigham young condition affairs territory could mistake path duty chief executive magistrate bound restore supremacy constitution laws within limits order effect purpose appointed new governor federal officers utah sent military force protection aid posse comitatus case need execution laws religious opinions mormons long remained mere opinions however deplorable revolting moral religious sentiments christendom right interfere actions alone violation constitution laws united states become legitimate subjects jurisdiction civil magistrate instructions governor cumming therefore framed strict accordance principles date hope indulged necessity might exist employing military restoring maintaining authority law hope vanished governor young proclamation declared determination maintain power force already committed acts hostility united states unless retrace steps territory utah state open rebellion committed acts hostility notwithstanding major van vliet officer army sent utah commanding general purchase provisions troops given strongest assurances peaceful intentions government troops would employed posse comitatus called civil authority aid execution laws reason believe governor young long contemplated result knows continuance despotic power depends upon exclusion settlers territory except acknowledge divine mission implicitly obey enlightened public opinion would soon prostrate institutions war laws god man therefore several years order maintain independence industriously employed collecting fabricating arms munitions war disciplining mormons military service superintendent indian affairs opportunity tampering indian tribes exciting hostile feelings united states according information accomplished regard tribes others remained true allegiance communicated intrigues indian agents laid store provisions three years case necessity informed major van vliet conceal take mountains bid defiance powers government great part may idle boasting yet wise government lightly estimate efforts may inspired frenzied fanaticism exists among mormons utah first rebellion existed territories humanity requires put manner shall last trifle would encourage render formidable ought go imposing force convince deluded people resistance would vain thus spare effusion blood manner best convince friends enemies order accomplish object necessary according estimate war department raise four additional regiments earnestly recommend congress present moment depression revenues country sorry obliged recommend measure feel confident support congress cost may suppressing insurrection restoring maintaining sovereignty constitution laws territory utah recommend congress establishment territorial government arizona incorporating portions new mexico may deem expedient need scarcely adduce arguments support recommendation bound protect lives property citizens inhabiting arizona without efficient protection present number already considerable rapidly increasing notwithstanding disadvantages labor besides proposed territory believed rich mineral agricultural resources especially silver copper mails united states california carried throughout whole extent route known nearest believed best pacific long experience deeply convinced strict construction powers granted congress true well safe theory constitution whilst principle shall guide public conduct consider clear power congress may appropriate money construction military road territories united states absolutely necessary defense states foreign invasion constitution conferred upon congress power declare war raise support armies provide maintain navy call forth militia repel invasions high sovereign powers necessarily involve important responsible public duties among none sacred imperative preserving soil invasion foreign enemy constitution therefore left nothing point construction expressly requires united states shall protect states invasion military road territories indispensably necessary enable us meet repel invader follows necessary consequence possess power imperative duty construct road would absurdity invest government unlimited power make conduct war time deny means reaching defeating enemy frontier without road quite evident protect california pacific possessions invasion means transport men munitions war atlantic states sufficient time successfully defend remote distant portions republic experience proved routes across isthmus central america best uncertain unreliable mode communication even case would closed us event war naval power much stronger enable blockade ports either end routes therefore rely upon military road territories ever since origin government congress practice appropriating money public treasury construction roads difficulties expense constructing military railroad connect atlantic pacific states greatly exaggerated distance arizona route near parallel north latitude western boundary texas rio grande eastern boundary california colorado best explorations within knowledge exceed 470 miles face country main favorable obvious reasons government ought undertake work means agents ought committed agencies congress might assist either grants land money upon terms conditions may deem beneficial country provision might thus made safe rapid economical transportation troops munitions war also public mails commercial interests whole country east west would greatly promoted road would powerful additional bond union although advantages kind whether postal commercial political confer constitutional power yet may furnish auxiliary arguments favor expediting work judgment clearly embraced within power reasons commend friendly consideration congress subject pacific railroad without finally committing particular route report secretary treasury furnish detailed statement condition public finances respective branches public service devolved upon department government report appears amount revenue received sources treasury fiscal year ending 30th june 1857 amount balance remaining treasury commencement year made aggregate service year public expenditures fiscal year ending 30th june 1857 amounted applied redemption public debt including interest premium leaving treasury commencement present fiscal year 1st july 1857 receipts treasury first quarter present fiscal year commencing 1st july 1857 estimated receipts remaining three quarters 30th june 1858 making balance stated aggregate service present fiscal year actual expenditures first quarter present fiscal year applied redemption public debt including interest premium probable expenditures remaining three quarters 30th june 1858 including interest public debt making aggregate leaving estimated balance treasury close present fiscal year amount public debt commencement present fiscal year amount redeemed since 1st july leaving balance unredeemed time amount estimated expenditures remaining three quarters present fiscal year probability increased causes set forth report secretary suggestion therefore authority given supply temporary deficiency issue limited amount treasury notes approved accordingly recommend passage law stated report secretary tariff march 3 1857 operation short period time circumstances unfavorable development results revenue measure regard inexpedient least present undertake revision transmit herewith reports made secretaries war navy interior contain valuable important information suggestions commend favorable consideration congress already recommended raising four additional regiments report secretary war presents strong reasons proving increase army existing circumstances indispensable would call special attention congress recommendation secretary navy favor construction ten small war steamers light draft years government obliged many occasions hire steamers individuals supply pressing wants present moment armed vessel navy penetrate rivers china enter harbors south norfolk although many millions foreign domestic commerce annually pass harbors valuable interests vulnerable points thus left exposed class vessels light draft great speed heavy guns would formidable coast defense cost construction great require comparatively small expenditure keep commission time peace prove effective much larger vessels useful one every station maintain squadron three four constantly employed atlantic pacific coasts economy utility efficiency combine recommend almost indispensable ten small vessels would incalculable advantage naval service whole cost construction would exceed report secretary interior worthy grave consideration treats numerous important diversified branches domestic administration intrusted law among prominent public lands relations indians system disposal public lands originating fathers republic improved experience pointed way gradually adapted growth settlement western states territories worked well practice already thirteen states seven territories carved lands still thousand millions acres remain unsold boundless prospect presents country future prosperity power heretofore disposed acres public land whilst public lands source revenue great importance importance far greater furnishing homes hardy independent race honest industrious citizens desire subdue cultivate soil ought administered mainly view promoting wise benevolent policy appropriating purpose ought use even greater economy converted money proceeds already public treasury squander away richest noblest inheritance people ever enjoyed upon objects doubtful constitutionality expediency would violate one important trusts ever committed people whilst deny congress power acting bona fide proprietor give away portions purpose increasing value remainder yet considering great temptation abuse power cautious exercise actual settlers existing laws protected purchasers public sales right preemption extent quarter section 160 acres land remainder may disposed public entered private sale unlimited quantities speculation late years prevailed great extent public lands consequence large portions become property individuals companies thus price greatly enhanced desire purchase actual settlement order limit area speculation much possible extinction indian title extension public surveys ought keep pace tide emigration congress hereafter grant alternate sections states companies done heretofore recommend intermediate sections retained government subject preemption actual settlers ought ever cardinal policy reserve public lands much may actual settlers moderate prices shall thus best promote prosperity new states territories power union shall secure homes posterity many generations extension limits brought within jurisdiction many additional populous tribes indians large proportion wild untractable difficult control predatory warlike disposition habits impossible altogether restrain committing aggressions well upon frontier citizens emigrating distant states territories hence expensive military expeditions frequently necessary overawe chastise lawless hostile present system making valuable presents influence remain peace proved ineffectual believed better policy colonize suitable localities receive rudiments education gradually induced adopt habits industry far experiment tried worked well practice doubtless prove less expensive present system whole number indians within territorial limits believed best data interior department tribes cherokees choctaws chickasaws creeks settled territory set apart west arkansas rapidly advancing education arts civilization may indulge agreeable anticipation distant day incorporated union one sovereign states seen report department still continues depend treasury compelled several years past important portion means sustaining extending operations rapid growth expansion shown decennial statement number length commencing year 1827 year 1837 1847 1857 number year established 704 discontinued leaving net increase postmasters 368 offices appointed president length 1827 miles miles 1847 miles year 1857 miles including miles railroad mails transported expenditures department fiscal year ending 30th june 1857 adjusted auditor amounted defray expenditures credit department 1st july 1856 sum gross revenue year including annual allowances transportation free mail matter produced remainder supplied appropriation treasury granted act congress approved august 18 1856 appropriation made act march 3 1857 leaving carried credit department accounts current year commend consideration report department relation establishment overland mail route mississippi river san francisco cal route selected full concurrence one judgment best calculated attain important objects contemplated congress late disastrous monetary revulsion may one good effect government people return practice wise judicious economy public private expenditures overflowing treasury led habits prodigality extravagance legislation induced congress make large appropriations objects never would provided necessary raise amount revenue required meet increased taxation loans compelled pause career scrutinize expenditures utmost vigilance performing duty pledge cooperation extent constitutional competency ought observed time true public economy consist withholding means necessary accomplish important national objects intrusted us constitution especially may necessary common defense present crisis country duty confine appropriations objects character unless cases justice individuals may demand different course cases care ought taken money granted congress shall faithfully economically applied federal constitution every bill shall passed house representatives senate shall become law approved signed president approved shall return objections house shall originated order perform high responsible duty sufficient time must allowed president read examine every bill presented approval unless afforded constitution becomes dead letter particular even worse becomes means deception constituents seeing president approval signature attached act congress induced believe actually performed duty truth nothing many cases unfounded practice congress examination bill constitution requires rendered impossible important business session generally crowded last hours alternative presented president either violate constitutional duty owes people approve bills want time impossible examined refusal subject country individuals great loss inconvenience besides practice grown late years legislate appropriation bills last hours session new important subjects practice constrains president either suffer measures become laws approve incur risk stopping wheels government vetoing appropriation bill formerly bills confined specific appropriations carrying effect existing laws policy country little time requited president examination part deliberately determined shall approve bills examined case extreme urgent necessity shall ever induce depart rule therefore respectfully earnestly recommend two houses would allow president least two days previous adjournment session within new bill shall presented approval existing joint rule one day allowed rule hitherto constantly suspended practice important bills continue presented till last moments session large majority cases great public inconvenience arise want time examine provisions constitution declared bill presented president within last ten days session required return either approval veto case shall law may lie taken passed next session great inconvenience would experienced regard appropriation bills fortunately late excellent law allowing salary instead per diem members congress expense inconvenience called session greatly reduced conclude without commending favorable consideration interest people district without representative floor congress reason peculiar claims upon regard know long acquaintance eminently entitled
obedience command constitution become duty give congress information state union recommend consideration measure judge necessary expedient first thanks due almighty god numerous benefit bestow upon people united prayer ought ascend would continue bless great republic time come blessed time past since adjournment last congress constituent enjoy unusual degree health earth yield fruit abundantly bountifully reward toil husbandman great staple command high price till within brief period manufacture mineral mechanical occupation largely partaken general prosperity possess element material wealth rich abundance yet notwithstanding advantage country monetary interest present moment deplorable condition midst unsurpassed plenty production agriculture element national wealth find manufacture suspend public work retard private enterprise different kind abandon thousand useful laborer thrown employment reduce want revenue government chiefly derive duty import abroad greatly reduce whilst appropriation make congress last session current fiscal year large amount circumstance loan may require close present session although deeply regret would prove slight misfortune compare suffer distress prevailing among people government fail deeply sympathize though may without power extend relief duty inquire produce unfortunate result whether recurrence prevent former revulsion blame might fairly attribute variety cooperate cause upon present occasion apparent exist misfortune proceed solely extravagant vicious system paper currency bank credit excite people wild speculation gamble stock revulsion must continue recur successive interval long amount paper currency bank loan discount country shall leave discretion irresponsible banking institution law nature consult interest stockholder rather public welfare framer constitution give congress power coin money regulate value thereof prohibit state coin money emit bill credit make anything gold silver coin tender payment debt suppose protected people evils excessive irredeemable paper currency responsible exist anomaly government endow sovereign attribute coin money regulate value thereof power prevent others drive coin country fill channel circulation paper represent gold silver one high responsible duty government insure people sound circulate medium amount ought adapt utmost possible wisdom skill want internal trade foreign exchange either greatly greatly proper standard marketable value every man property increase diminished proportion injustice individual well incalculable evil community consequence unfortunately construction federal constitution prevail long change important delicate duty dissever coin power virtually transfer state bank act independently regulate paper issue almost exclusively regard present interest stockholder exercise sovereign power provide paper currency instead coin country first duty bank owe public keep vault sufficient amount gold silver insure convertibility note coin time circumstance bank ought ever charter without restriction business secure result restriction comparatively vain true touchstone efficient regulator paper currency one guard public overissues bank suspension collateral eventual security doubtless wise case ought require bank shall hold amount united state state security equal note circulation pledge redemption however furnishes adequate security overissue contrary may pervert inflate currency indeed possible mean convert debt united state state government bank note without reference specie require redeem however valuable security may convert gold silver moment pressure experience teach sufficient time prevent bank suspension depreciation bank note england considerable extent country though vastly behind respect deem advisable anterior act parliament 1844 wisely separated issue note bank department bank england always keep hand gold silver equal combined circulation deposit proportion sufficient secure convertibility note whole great britain extent continent europe field circulation render almost impossible sudden immediate run dangerous amount make upon proportion would certainly insufficient banking system bank limit circumference circulation course day depositor note holder might demand bank sufficient amount specie compel suspend even although coin vault equal immediate liability yet aware exception bank louisiana state bank throughout union require charter keep proportion gold silver compare amount combine circulation deposit consequence recent report make treasury department condition bank throughout different state accord return date near january 1857 aggregate amount actual specie vault circulation deposit thus appear bank aggregate considerably less one dollar seven gold silver compare circulation deposit palpable therefore first pressure must drive suspension deprive people convertible currency disastrous consequence truly wonderful long continue preserve credit demand payment immediate liability would drive insolvency condition bank notwithstanding four hundred million gold california flow upon u within last eight year tide still continue flow indeed extravagance bank credit bank hold considerably less amount specie either proportion capital circulation deposit combine discovery gold california whilst year 1848 specie proportion capital equal one dollar four half 1857 amount one dollar every six dollar cent capital year 1848 specie equal within small fraction one dollar five circulation deposit 1857 equal one dollar seven half circulation deposit statement easy account financial history last forty year history extravagant expansion business country follow ruinous contraction successive interval best enterprising men tempt ruin excessive bank loan mere paper credit excite extravagant importation foreign good wild speculation ruinous demoralize stock gamble crisis arrives arrive must bank extend relief people vain struggle redeem liability specie compel contract loan issue last hour distress assistance need debtor together sink insolvency paper system extravagant expansion raise nominal price every article far beyond real value compare cost similar article country whose circulation wisely regulate prevented u compete market foreign manufacturer produce extravagant importation counteract effect large incidental protection afford domestic manufacture present revenue tariff branch manufacture compose raw material production country cotton iron woolen fabric would acquire almost exclusive possession home market would create foreign market throughout world deplorable however may present financial condition may yet indulge bright hope future nation ever exist could endure violent expansion contraction paper credit without last injury yet buoyancy youth energy population spirit never quail difficulty enable u soon recover present financial embarrassment may even occasion u speedily forget lesson taught meantime duty government proper mean within power aid alleviating suffering people occasion suspension bank provide recurrence calamity unfortunately either aspect ease little thanks independent treasury government suspend payment compel failure bank 1837 continue discharge liability people gold silver disbursement coin pass circulation materially assist restore sound currency high credit compel make temporary loan effect advantageous term however shall possible avoided amount shall limit low practicable sum therefore determine whilst useful government work already progress shall suspend new work already commence postpone do without injury country necessary defense shall proceed though crisis monetary affair federal government much provide recurrence exist evil even insurmountable constitutional objection exist creation national bank would furnish adequate preventive security history last bank unite state abundantly prove truth assertion bank could would regulate issue credit state bank manner prevent ruinous expansion contraction currency afflict country throughout existence late bank secure u future suspension 1825 effort make bank england curtail issue country bank favorable circumstance paper currency expand ruinous extent bank put forth power contract order reduce price restore equilibrium foreign exchange accordingly commence system curtailment loan issue vain hope joint stock private bank kingdom would compel follow example find however contract expanded end process employ language high official authority whatever reduction paper circulation effect bank england 1825 make issue country bank bank united state would could restrain issue loan state bank duty regulator currency must often direct conflict immediate interest stockholder expect one agent restrain control another interest must least degree antagonistic director bank united state would feel interest inclination director state bank expand currency accommodate favorites friend loan declare large dividend experience regard last bank must mainly rely upon patriotism wisdom state prevention redress evil afford u real specie basis paper circulation increase denomination bank note first twenty afterwards fifty dollar require bank shall time keep hand least one dollar gold silver every three dollar circulation deposit provide enactment nothing arrest moment suspend shall go liquidation believe provision weekly publication bank statement condition would go far secure u future suspension specie payment congress opinion possess power pas uniform bankrupt law applicable banking institution throughout united state strongly recommend exercise would make irreversible organic law bank existence suspension specie payment shall produce civil death instinct would compel perform duty manner escape penalty preserve life existence bank circulation bank paper identify habit people day suddenly abolish without much immediate injury country could confine appropriate sphere prevent administer spirit wild reckless speculation extravagant loan issue might continue advantage public say long much reflection experience shall prove impossible enjoy facility bank might afford without time suffer calamity excesses bank hitherto inflict upon country would far lesser evil deprive altogether power issue paper currency confine function bank deposit discount relation foreign government upon whole satisfactory condition diplomatic difficulty exist government united state great britain adjournment last congress happily terminate appointment british minister country cordially receive whilst greatly interest convince sincere desire government people two country term intimate friendship misfortune almost always irritate dangerous outstanding question great britain since origin government employ negotiate treaty power afterwards discuss true intent meaning respect convention april 19 1850 commonly call clayton bulwer treaty unfortunate two government place directly opposite contradictory construction upon first important article whilst united state believe treaty would place power upon exact equality stipulation neither ever occupy fortify colonize assume exercise dominion part central america contend british government true construction language leave rightful possession portion central america occupancy date treaty fact treaty virtual recognition part unite state right great britain either owner protector whole extensive coast central america sweep round rio hondo port harbor san juan de nicaragua together adjacent bay island except comparatively small portion sarstoon cape honduras accord construction treaty simply prohibit extend possession central america beyond present limit much assert united state treaty consider susceptible construction never would negotiate authority president would receive approbation senate universal conviction unite states government consent violate traditional policy stipulate foreign government never occupy acquire territory central american portion continent consideration sacrifice great britain respect least placed position whilst right doubt sincerity british government construction treaty time deliberate conviction construction opposition letter spirit late administration negotiation institute two government purpose possible remove difficulty treaty laudable object view sign london 17th october 1856 submit president senate follow 10th december whether treaty either original amended form would accomplish object intend without give birth new embarrass complication two government may perhaps well questioned certain however render much less objectionable different amendment make senate treaty amend ratified 12th march 1857 transmitted london ratification british government government express willingness concur amendment make senate single exception clause relate ruatan island bay honduras article original treaty submit senate reciting islands inhabitant convention bearing date 27th day august 1856 britannic majesty republic honduras constitute declared free territory sovereignty say republic honduras stipulate two contract party hereby mutually engage recognize respect future time independence right say free territory part republic honduras upon examination convention great britain honduras 27th august 1856 found whilst declare bay island free territory sovereignty republic honduras deprive republic right without sovereignty could scarcely say exist divide remainder honduras give inhabitant separate government legislative executive judicial officer elect deprived government honduras tax power every form exempt people island performance military duty except exclusive defense also prohibit republic erect fortification upon protection thus leave open invasion quarter finally provide slavery shall time hereafter permit exist therein honduras ratify convention would ratify establishment state substantially independent within limit state time subject british influence control moreover united state ratify treaty great britain original form bound recognize respect future time stipulation prejudice honduras direct opposition spirit mean clayton bulwer treaty understood united state senate reject entire clause substitute stead simple recognition sovereign right honduras island follow language two contract party hereby mutually engage recognize respect island ruatan bonaco utila barbaretta helena moral situate bay honduras coast republic honduras sovereignty part say republic honduras great britain reject amendment assign reason ratification convention 27th august 1856 honduras exchange owe hesitation government do state majesty government would little difficulty agree modification propose senate would effect signification original wording whether would effect whether mere circumstance exchange ratification british convention honduras prior point time ratification treaty great britain would effect signification original wording thus nullified amendment senate may well doubt perhaps fortunate question never arise british government immediately reject treaty amend propose enter new treaty united state similar respect treaty refuse ratify united state would consent add senate clear unqualified recognition sovereignty honduras bay island follow conditional stipulation whenever soon republic honduras shall conclude ratify treaty great britain great britain shall cede republic honduras shall accept say island subject provision condition contain treaty proposition course reject senate refuse recognize british convention honduras 27th august 1856 full knowledge content impossible necessarily ignorant provision condition might contain future convention party sanction advance fact two nation like great britain united state mutually desirous trust ever may maintain friendly relation unfortunately conclude treaty understand sense directly opposite wise course abrogate treaty mutual consent commence anew do promptly difficulty central america would probably ere adjust satisfaction party time spend discuss mean clayton bulwer treaty would devote praiseworthy purpose task would easily accomplish interest two country central america identical confine secure safe transit route across isthmus whilst entertain sentiment shall nevertheless refuse contribute reasonable adjustment central american question practically inconsistent american interpretation treaty overture purpose recently make british government friendly spirit cordially reciprocate whether renew effort result success yet prepared express opinion brief period determine france ancient relation friendship still continue exist french government several recent instance need enumerate evinced spirit good kindness toward country heartily reciprocate notwithstanding much regret two nation whose production character invite extensive exchange freest commercial intercourse continue enforce ancient obsolete restriction trade commercial treaty france respect exception treaties commercial nation jealously levy discriminate duty tonnage article growth produce manufacture one country arrive vessel belong forty year ago 3d march 1815 congress pass act offering nation admit vessel laden national production port united state upon term vessel provide would reciprocate u similar advantage act confine reciprocity production respective foreign nation might enter propose arrangement united state act may 24 1828 remove restriction offer similar reciprocity vessel without reference origin cargo upon principle commercial treaty arrangement round except france let u hope exception may long exist relation russia remain ever friendly footing present emperor well predecessor never fail occasion offer manifest good country friendship always highly appreciated government people united state european government except spain relation peaceful could desire regret say progress whatever make since adjournment congress toward settlement numerous claim citizen spanish government besides outrage commit flag spanish war frigate ferrolana high sea coast cuba march 1855 fire american mail steamer el dorado detain search remains unacknowledged unredressed general tone temper spanish government toward united state much regret present envoy extraordinary minister plenipotentiary madrid ask recalled purpose send new minister spain special instruction question pending two government determination speedily amicably adjust possible meantime whenever minister urge claim citizen notice spanish government meet objection congress never make appropriation recommend president polk annual message december 1847 pay spanish government purpose distribution among claimant amistad case similar recommendation make immediate predecessor message december 1853 entirely concur opinion indemnity justly due treaty spain 27th october 1795 earnestly recommend appropriation favorable consideration congress treaty friendship commerce conclude constantinople 13th december 1856 united state persia ratification exchange constantinople 13th june 1857 treaty proclaim president 18th august 1857 treaty believe prove beneficial american commerce shah manifest earnest disposition cultivate friendly relation country express strong wish represent teheran minister plenipotentiary recommend appropriation make purpose recent occurrence china unfavorable revision treaty empire 3d july 1844 view security extension commerce article treaty stipulate revision case experience prove requisite case two government expiration twelve year date say convention treat amicably concern mean suitable person appoint conduct negotiation twelve year expire 3d july 1856 long period ascertain important change treaty necessary several fruitless attempt make commissioner united state effect change another effort make purpose commissioner conjunction minister england france suspend occurrence hostility canton river great britain chinese empire hostility necessarily interrupt trade nation canton state blockade occasion serious loss life property meanwhile insurrection within empire exist imperial dynasty still continue difficult anticipate result circumstance deem advisable appoint distinguish citizen pennsylvania envoy extraordinary minister plenipotentiary proceed china avail opportunity may offer effect change exist treaty favorable american commerce leave united state place destination july last war steamer minnesota special minister china also appoint government great britain france whilst minister instruct occupy neutral position reference exist hostility canton cordially cooperate british french minister peaceful measure secure treaty stipulation concession commerce nation world right expect china long permit withhold assurance receive entertain doubt three minister act harmonious concert obtain similar commercial treaty power represent fail feel deep interest concern welfare independent republic continent well empire brazil difficulty new granada short time since bore threaten aspect hop fair train settlement manner honorable party isthmus central america include panama great highway atlantic pacific large portion commerce world destine pas united state deeply interested nation preserve freedom security communication across isthmus duty therefore take care shall interrupt either invasion country war independent state central america treaty new granada 12th december 1846 bound guarantee neutrality isthmus panama panama railroad pass well right sovereignty property new granada possesses say territory obligation round upon equivalent grant treaty government people united state circumstance recommend congress passage act authorize president case necessity employ land naval force united state carry effect guaranty neutrality protection also recommend similar legislation security route across isthmus may acquire interest treaty independent republic continent duty interest cultivate friendly relation never feel indifferent fate must always rejoice prosperity unfortunately u example advice lose much influence consequence lawless expedition fit within limit country nothing well calculate retard steady material progress impair character nation toleration enterprises violation law nation one first high duty independent state relation member great family nation restrain people act hostile aggression citizen subject eminent writer public law hesitate denounce hostile act robbery murder weak feeble state like central america may feel able assert vindicate right case would far different expedition set foot within territory make private war powerful nation expedition fit abroad portion country burn city murder plunder people usurp government call power earth strict account prevent enormity ever since administration general washington act congress enforce punish severely crime set foot military expedition within limit united state proceed thence nation state peace present neutrality act april 20 1818 little collection preexist law act president empower employ land naval force militia purpose prevent carry expedition enterprise territory jurisdiction united state collector custom authorize require detain vessel port reason believe take part lawless enterprises first render probable attempt would make get another unlawful expedition nicaragua secretary state issue instruction marshal district attorney direct secretary war navy appropriate army navy officer require vigilant use best exertion carry effect provision act 1818 notwithstanding precaution expedition escape shore enterprise possible good country already inflict much injury interest character prevent peaceful emigration united state state central america could fail prove highly beneficial party concern pecuniary point view alone citizen sustain heavy loss seizure close transit route san juan two ocean leader recent expedition arrest new orleans discharge give bail appearance insufficient sum commend whole subject serious attention congress believe duty interest well national character require adopt measure effectual restraining citizen commit outrage regret inform president paraguay refuse ratify treaty united state state amend senate signature mention message predecessor congress open session december 1853 reason assign refusal appear correspondence herewith submit desirable ascertain fitness river la plata tributary navigation steam united state steamer water witch send thither purpose 1853 enterprise successfully carry february 1855 whilst peaceful prosecution voyage parana river steamer fire upon paraguayan fort fire return water witch small force design offensive operation retire conflict pretext upon attack make decree president paraguay october 1854 prohibit foreign vessel war navigate river state paraguay however owner one bank river name belong corientes state argentine confederation right government expect decree would obey acknowledged water witch properly speak vessel war small steamer engage scientific enterprise intend advantage commercial state generally circumstance constrain consider attack upon unjustifiable call satisfaction paraguayan government citizen united state also establish business paraguay property seize take otherwise treated authority insult arbitrary manner require redress demand purpose make firm conciliatory spirit probably grant executive shall authority use mean event refusal accordingly recommend unnecessary state detail alarm condition territory kansas time inauguration oppose party stand hostile array accident might relighted flames civil war besides critical moment kansa leave without governor resignation governor geary 19th february previous territorial legislature pass law provide election delegate third monday june convention meet first monday september purpose frame constitution preparatory admission union law main fair regret qualified elector register voted provision time election delegate extensive organization exist territory whose avowed object need put lawful government force establish government topeka constitution person attach revolutionary organization abstain take part election act territorial legislature omit provide submit people constitution might frame convention excited state public feel throughout kansas apprehension extensively prevail design exist force upon constitution relation slavery emergency become duty unquestionable right view union good citizen support territorial law express opinion true construction provision concern slavery contain organic act congress 30th may 1854 congress declare true intent meaning act legislate slavery territory state exclude therefrom leave people thereof perfectly free form regulate domestic institution way kansa admit state receive union without slavery constitution may prescribe time admission congress mean language delegate elect frame constitution authority finally decide question slavery intend leave people people kansas decide question direct vote subject confess never entertain serious doubt therefore instruction governor walker 28th march last merely say constitution shall submit people territory must protect exercise right voting instrument fair expression popular must interrupt fraud violence express opinion far intention interfere decision people kansas either slavery always carefully abstain intrust duty take care law faithfully execute desire people kansas furnish congress evidence require organic act whether slavery manner smooth passage union emerge condition territorial dependence sovereign state duty opinion make know vote majority direct question whether important domestic institution continue exist indeed possible mode could authentically ascertain election delegate convention must necessarily take place separate district may readily happen often case majority people state territory one side question whilst majority representative several district divide may upon side arises front fact district delegate may elect small majority whilst others different sentiment may receive majority sufficiently great overcome vote give former leave large majority whole people direct opposition majority delegate besides history prof influence may bring bear representative sufficiently powerful induce disregard constituent truth authentic satisfactory mode exist ascertain majority people state territory important exciting question like slavery kansa except leave direct vote wise congress pas subordinate intermediate agency proceed directly source legitimate power institution vain would principle prove practice may illustrate case kansa admit union constitution either maintain abolish slavery sentiment people could effect continue exasperate exist agitation brief period require make constitution conform irresistible majority friends supporter nebraska kansa act struggle recent occasion sustain wise provision great tribunal american people never differ true meaning subject everywhere throughout union publicly pledge faith honor would cheerfully submit question slavery decision bona fide people kansas without restriction qualification whatever cordially united upon great doctrine popular sovereignty vital principle free institution insinuated quarter would sufficient compliance requisition organic law member convention thereafter elect withhold question slavery people substitute legally ascertain majority constituent would instantly reject everywhere remain true resolution adopt celebrated occasion recognize right people territory include kansa nebraska act legally fairly express majority actual resident whenever number inhabitant justifies form constitution without slavery admit union upon term perfect equality state convention frame constitution kansa meet first monday september last call together virtue act territorial legislature whose lawful existence recognize congress different form different enactment large proportion citizen kansas think proper register name vote election delegate opportunity fairly afford refusal avail right could manner affect legality convention convention proceed frame constitution kansa finally adjourn 7th day november little difficulty occur convention except subject slavery truth general provision recent state constitution similar may add excellent difference essential early practice government constitution frame convention territory preparatory admission union state submit people trust however example set last congress require constitution minnesota subject approval ratification people propose state may follow future occasion take grant convention kansa would act accordance example round correct principle hence instruction governor walker favor submit constitution people express general unqualified term act however requirement applicable whole constitution insert convention bound term submit portion instrument election except relate domestic institution slavery render clear simple reference language legislate slavery territory state exclude therefrom leave people thereof perfectly free form regulate domestic institution way accord plain construction sentence word domestic institution direct appropriate reference slavery domestic institution limit family relation master slave others domestic institution entirely distinct institution political character besides question congress indeed since serious question people kansas country except relates domestic institution slavery convention angry excited debate finally determine majority two submit question slavery people though last fifty delegate present affixed signature constitution large majority convention favor establish slavery kansa accordingly inserted article constitution purpose similar form adopt territorial convention schedule however provide transition territorial state government question fairly explicitly refer people whether constitution without slavery declare constitution adopt convention shall send congress admission union state election shall hold decide question white male inhabitant territory age 21 entitled vote vote ballot ballot cast say election shall indorse slavery slavery majority favor constitution slavery transmit congress president convention original form contrary shall majority favor constitution slavery article provide slavery shall stricken constitution president convention expressly declare slavery shall exist state kansa except right property slave territory shall manner interfered event make duty constitution thus ratify transmitted congress united state admission state union election every citizen opportunity express opinion vote whether kansa shall receive union without slavery thus exciting question may peacefully settle mode require organic law election hold legitimate authority portion inhabitant shall refuse vote fair opportunity present voluntary act alone responsible consequence whether kansa shall free slave state must eventually authority decide election question never clearly distinctly present people present moment opportunity reject may involve year domestic discord possibly civil war make issue fortunately tender reach point already attain kansa year occupy much public attention high time direct far important object admit union whether without slavery excitement beyond limit speedily pass away first time leave ought long since manage affair way constitution subject slavery subject displease majority people human power prevent change within brief period circumstance may well question whether peace quiet whole country great importance mere temporary triumph either political party kansas constitution without slavery adopt vote majority right property slave territory reserve number small great provision would equally reasonable slave bring territory constitution united state property master point length finally decide high judicial tribunal country upon plain principle confederacy sovereign state acquire new territory joint expense equality justice demand citizens one shall right take whatsoever recognize property common constitution summarily confiscate property slave already territory would act gross injustice contrary practice old state union abolish slavery territorial government establish utah act congress approve 9th september 1850 constitution law united state thereby extend far provision thereof may applicable act provide appointment president advice consent senate governor ex officio superintendent indian affair secretary three judge supreme court marshal district attorney subsequent act provide appointment officer necessary extend land indian system territory brigham young appoint first governor 20th september 1850 held office ever since whilst governor young governor superintendent indian affair throughout period time head church call saint profess govern member dispose property direct inspiration authority almighty power therefore absolute church state people utah almost exclusively belong church believe fanatical spirit governor territory divine appointment obey command direct revelation heaven therefore chooses government shall come collision government unite state member mormon church yield implicit obedience unfortunately exist fact leave little doubt determination without enter upon minute history occurrence sufficient say officer united state judicial executive single exception two indian agent find necessary personal safety withdraw territory longer remain government utah despotism brigham young condition affair territory could mistake path duty chief executive magistrate bound restore supremacy constitution law within limit order effect purpose appoint new governor federal officer utah send military force protection aid posse comitatus case need execution law religious opinion mormon long remain mere opinion however deplorable revolt moral religious sentiment christendom right interfere action alone violation constitution law united state become legitimate subject jurisdiction civil magistrate instruction governor cumming therefore frame strict accordance principle date hope indulge necessity might exist employ military restore maintain authority law hope vanish governor young proclamation declare determination maintain power force already commit act hostility united state unless retrace step territory utah state open rebellion commit act hostility notwithstanding major van vliet officer army send utah command general purchase provision troop give strong assurance peaceful intention government troop would employ posse comitatus call civil authority aid execution law reason believe governor young long contemplated result know continuance despotic power depend upon exclusion settler territory except acknowledge divine mission implicitly obey enlighten public opinion would soon prostrate institution war law god man therefore several year order maintain independence industriously employ collect fabricate arm munition war discipline mormon military service superintendent indian affair opportunity tamper indian tribe excite hostile feeling united state accord information accomplish regard tribe others remain true allegiance communicate intrigue indian agent lay store provision three year case necessity inform major van vliet conceal take mountain bid defiance power government great part may idle boast yet wise government lightly estimate effort may inspire frenzied fanaticism exist among mormon utah first rebellion exist territory humanity require put manner shall last trifle would encourage render formidable ought go impose force convince delude people resistance would vain thus spare effusion blood manner best convince friend enemy order accomplish object necessary accord estimate war department raise four additional regiment earnestly recommend congress present moment depression revenue country sorry oblige recommend measure feel confident support congress cost may suppress insurrection restore maintain sovereignty constitution law territory utah recommend congress establishment territorial government arizona incorporate portion new mexico may deem expedient need scarcely adduce argument support recommendation bound protect life property citizen inhabit arizona without efficient protection present number already considerable rapidly increase notwithstanding disadvantage labor besides propose territory believe rich mineral agricultural resource especially silver copper mail united state california carry throughout whole extent route know nearest believe best pacific long experience deeply convinced strict construction power grant congress true well safe theory constitution whilst principle shall guide public conduct consider clear power congress may appropriate money construction military road territory united state absolutely necessary defense state foreign invasion constitution confer upon congress power declare war raise support army provide maintain navy call forth militia repel invasion high sovereign power necessarily involve important responsible public duty among none sacred imperative preserving soil invasion foreign enemy constitution therefore leave nothing point construction expressly require united state shall protect state invasion military road territory indispensably necessary enable u meet repel invader follow necessary consequence possess power imperative duty construct road would absurdity invest government unlimited power make conduct war time deny mean reach defeat enemy frontier without road quite evident protect california pacific possession invasion mean transport men munition war atlantic state sufficient time successfully defend remote distant portion republic experience prove route across isthmus central america best uncertain unreliable mode communication even case would close u event war naval power much strong enable blockade port either end route therefore rely upon military road territory ever since origin government congress practice appropriate money public treasury construction roads difficulty expense construct military railroad connect atlantic pacific state greatly exaggerate distance arizona route near parallel north latitude western boundary texas rio grande eastern boundary california colorado best exploration within knowledge exceed 470 mile face country main favorable obvious reason government ought undertake work mean agent ought commit agency congress might assist either grant land money upon term condition may deem beneficial country provision might thus make safe rapid economical transportation troop munition war also public mail commercial interest whole country east west would greatly promote road would powerful additional bond union although advantage kind whether postal commercial political confer constitutional power yet may furnish auxiliary argument favor expedite work judgment clearly embrace within power reason commend friendly consideration congress subject pacific railroad without finally commit particular route report secretary treasury furnish detail statement condition public finance respective branch public service devolve upon department government report appear amount revenue receive source treasury fiscal year end 30th june 1857 amount balance remain treasury commencement year make aggregate service year public expenditures fiscal year end 30th june 1857 amount applied redemption public debt include interest premium leave treasury commencement present fiscal year 1st july 1857 receipt treasury first quarter present fiscal year commence 1st july 1857 estimate receipt remain three quarter 30th june 1858 make balance state aggregate service present fiscal year actual expenditure first quarter present fiscal year apply redemption public debt include interest premium probable expenditure remain three quarter 30th june 1858 include interest public debt make aggregate leave estimate balance treasury close present fiscal year amount public debt commencement present fiscal year amount redeem since 1st july leave balance unredeemed time amount estimate expenditure remain three quarter present fiscal year probability increase cause set forth report secretary suggestion therefore authority give supply temporary deficiency issue limit amount treasury note approve accordingly recommend passage law state report secretary tariff march 3 1857 operation short period time circumstance unfavorable development result revenue measure regard inexpedient least present undertake revision transmit herewith report make secretary war navy interior contain valuable important information suggestion commend favorable consideration congress already recommend raise four additional regiment report secretary war present strong reason prove increase army exist circumstance indispensable would call special attention congress recommendation secretary navy favor construction ten small war steamer light draft year government oblige many occasion hire steamer individual supply press want present moment arm vessel navy penetrate river china enter harbor south norfolk although many million foreign domestic commerce annually pass harbor valuable interest vulnerable point thus leave exposed class vessel light draft great speed heavy gun would formidable coast defense cost construction great require comparatively small expenditure keep commission time peace prove effective much large vessel useful one every station maintain squadron three four constantly employ atlantic pacific coast economy utility efficiency combine recommend almost indispensable ten small vessel would incalculable advantage naval service whole cost construction would exceed report secretary interior worthy grave consideration treat numerous important diversified branch domestic administration intrust law among prominent public land relation indian system disposal public land originate father republic improve experience point way gradually adapt growth settlement western state territory work well practice already thirteen state seven territory carve land still thousand million acre remain unsold boundless prospect present country future prosperity power heretofore disposed acre public land whilst public land source revenue great importance importance far great furnish home hardy independent race honest industrious citizen desire subdue cultivate soil ought administer mainly view promote wise benevolent policy appropriate purpose ought use even great economy convert money proceeds already public treasury squander away rich noble inheritance people ever enjoy upon object doubtful constitutionality expediency would violate one important trust ever commit people whilst deny congress power act bona fide proprietor give away portion purpose increase value remainder yet consider great temptation abuse power cautious exercise actual settler exist law protect purchaser public sale right preemption extent quarter section 160 acre land remainder may dispose public enter private sale unlimited quantity speculation late year prevail great extent public land consequence large portion become property individual company thus price greatly enhance desire purchase actual settlement order limit area speculation much possible extinction indian title extension public survey ought keep pace tide emigration congress hereafter grant alternate section state company do heretofore recommend intermediate section retain government subject preemption actual settler ought ever cardinal policy reserve public land much may actual settler moderate price shall thus best promote prosperity new state territory power union shall secure home posterity many generation extension limit bring within jurisdiction many additional populous tribe indian large proportion wild untractable difficult control predatory warlike disposition habit impossible altogether restrain committing aggression well upon frontier citizen emigrate distant state territory hence expensive military expedition frequently necessary overawe chastise lawless hostile present system make valuable present influence remain peace prove ineffectual believe well policy colonize suitable locality receive rudiment education gradually induced adopt habit industry far experiment try work well practice doubtless prove less expensive present system whole number indian within territorial limit believe best data interior department tribe cherokee choctaws chickasaws creek settle territory set apart west arkansas rapidly advance education art civilization may indulge agreeable anticipation distant day incorporate union one sovereign state see report department still continue depend treasury compel several year past important portion mean sustain extend operation rapid growth expansion show decennial statement number length commence year 1827 year 1837 1847 1857 number year establish 704 discontinue leave net increase postmaster 368 office appoint president length 1827 mile mile 1847 mile year 1857 mile include mile railroad mail transport expenditure department fiscal year end 30th june 1857 adjust auditor amount defray expenditure credit department 1st july 1856 sum gross revenue year include annual allowance transportation free mail matter produce remainder supply appropriation treasury grant act congress approve august 18 1856 appropriation make act march 3 1857 leave carry credit department account current year commend consideration report department relation establishment overland mail route mississippi river san francisco cal route select full concurrence one judgment best calculate attain important object contemplate congress late disastrous monetary revulsion may one good effect government people return practice wise judicious economy public private expenditure overflow treasury lead habit prodigality extravagance legislation induce congress make large appropriation object never would provide necessary raise amount revenue require meet increased taxation loan compel pause career scrutinize expenditures utmost vigilance perform duty pledge cooperation extent constitutional competency ought observe time true public economy consist withhold mean necessary accomplish important national object intrust u constitution especially may necessary common defense present crisis country duty confine appropriation object character unless case justice individual may demand different course case care ought take money grant congress shall faithfully economically applied federal constitution every bill shall pass house representative senate shall become law approved sign president approve shall return objection house shall originate order perform high responsible duty sufficient time must allow president read examine every bill present approval unless afforded constitution become dead letter particular even bad becomes mean deception constituent see president approval signature attach act congress induce believe actually perform duty truth nothing many case unfounded practice congress examination bill constitution require render impossible important business session generally crowd last hour alternative present president either violate constitutional duty owe people approve bill want time impossible examine refusal subject country individual great loss inconvenience besides practice grow late year legislate appropriation bill last hour session new important subject practice constrain president either suffer measure become law approve incur risk stop wheels government veto appropriation bill formerly bill confine specific appropriation carry effect exist law policy country little time requite president examination part deliberately determine shall approve bill examine case extreme urgent necessity shall ever induce depart rule therefore respectfully earnestly recommend two house would allow president least two day previous adjournment session within new bill shall present approval exist joint rule one day allow rule hitherto constantly suspend practice important bill continue present till last moment session large majority case great public inconvenience arise want time examine provision constitution declare bill present president within last ten day session require return either approval veto case shall law may lie take passed next session great inconvenience would experience regard appropriation bill fortunately late excellent law allow salary instead per diem member congress expense inconvenience call session greatly reduce conclude without commend favorable consideration interest people district without representative floor congress reason peculiar claim upon regard know long acquaintance eminently entitle