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Dates of addresses by Millard Fillmore in this eBook: December 2, 1850 December 2, 1851 December 6, 1852

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State of the Union AddressMillard FillmoreDecember 2, 1850

Fellow-Citizens of the Senate and of the House of Representatives:

Being suddenly called in the midst of the last session of Congress by apainful dispensation of Divine Providence to the responsible station whichI now hold, I contented myself with such communications to the Legislatureas the exigency of the moment seemed to require. The country was shroudedin mourning for the loss of its venerable Chief Magistrate and all heartswere penetrated with grief. Neither the time nor the occasion appeared torequire or to justify on my part any general expression of politicalopinions or any announcement of the principles which would govern me in thedischarge of the duties to the performance of which I had been sounexpectedly called. I trust, therefore, that it may not be deemedinappropriate if I avail myself of this opportunity of the reassembling ofCongress to make known my sentiments in a general manner in regard to thepolicy which ought to be pursued by the Government both in its intercoursewith foreign nations and its management and administration of internalaffairs. 

Nations, like individuals in a state of nature, are equal and independent, possessing certain rights and owing certain duties to each other, arisingfrom their necessary and unavoidable relations; which rights and dutiesthere is no common human authority to protect and enforce. Still, they arerights and duties, binding in morals, in conscience, and in honor, althoughthere is no tribunal to which an injured party can appeal but thedisinterested judgment of mankind, and ultimately the arbitrament of thesword. 

Among the acknowledged rights of nations is that which each possesses ofestablishing that form of government which it may deem most conducive tothe happiness and prosperity of its own citizens, of changing that form ascircumstances may require, and of managing its internal affairs accordingto its own will. The people of the United States claim this right forthemselves, and they readily concede it to others. Hence it becomes animperative duty not to interfere in the government or internal policy ofother nations; and although we may sympathize with the unfortunate or theoppressed everywhere in their struggles for freedom, our principles forbidus from taking any part in such foreign contests. We make no wars topromote or to prevent successions to thrones, to maintain any theory of abalance of power, or to suppress the actual government which any countrychooses to establish for itself. We instigate no revolutions, nor sufferany hostile military expeditions to be fitted out in the United States toinvade the territory or provinces of a friendly nation. The great law ofmorality ought to have a national as well as a personal and individualapplication. We should act toward other nations as we wish them to acttoward us, and justice and conscience should form the rule of conductbetween governments, instead of mere power, self interest, or the desire ofaggrandizement. To maintain a strict neutrality in foreign wars, tocultivate friendly relations, to reciprocate every noble and generous act, and to perform punctually and scrupulously every treaty obligation--theseare the duties which we owe to other states, and by the performance ofwhich we best entitle ourselves to like treatment from them; or, if that, in any case, be refused, we can enforce our own rights with justice and aclear conscience. 

In our domestic policy the Constitution will be my guide, and in questionsof doubt I shall look for its interpretation to the judicial decisions ofthat tribunal which was established to expound it and to the usage of theGovernment, sanctioned by the acquiescence of the country. I regard all itsprovisions as equally binding. In all its parts it is the will of thepeople expressed in the most solemn form, and the constituted authoritiesare but agents to carry that will into effect. Every power which it hasgranted is to be exercised for the public good; but no pretense of utility, no honest conviction, even, of what might be expedient, can justify theassumption of any power not granted. The powers conferred upon theGovernment and their distribution to the several departments are as clearlyexpressed in that sacred instrument as the imperfection of human languagewill allow, and I deem it my first duty not to question its wisdom, add toits provisions, evade its requirements, or nullify its commands. 

Upon you, fellow-citizens, as the representatives of the States and thepeople, is wisely devolved the legislative power. I shall comply with myduty in laying before you from time to time any information calculated toenable you to discharge your high and responsible trust for the benefit ofour common constituents. 

My opinions will be frankly expressed upon the leading subjects oflegislation; and if--which I do not anticipate--any act should pass the twoHouses of Congress which should appear to me unconstitutional, or anencroachment on the just powers of other departments, or with provisionshastily adopted and likely to produce consequences injurious andunforeseen, I should not shrink from the duty of returning it to you, withmy reasons, for your further consideration. Beyond the due performance ofthese constitutional obligations, both my respect for the Legislature andmy sense of propriety will restrain me from any attempt to control orinfluence your proceedings. With you is the power, the honor, and theresponsibility of the legislation of the country. 

The Government of the United States is a limited Government. It is confinedto the exercise of powers expressly granted and such others as may benecessary for carrying those powers into effect; and it is at all times anespecial duty to guard against any infringement on the just rights of theStates. Over the objects and subjects intrusted to Congress its legislativeauthority is supreme. But here that authority ceases, and every citizen whotruly loves the Constitution and desires the continuance of its existenceand its blessings will resolutely and firmly resist any interference inthose domestic affairs which the Constitution has dearly and unequivocallyleft to the exclusive authority of the States. And every such citizen willalso deprecate useless irritation among the several members of the Unionand all reproach and crimination tending to alienate one portion of thecountry from another. The beauty of our system of government consists, andits safety and durability must consist, in avoiding mutual collisions andencroachments and in the regular separate action of all, while each isrevolving in its own distinct orbit. 

The Constitution has made it the duty of the President to take care thatthe laws be faithfully executed. In a government like ours, in which alllaws are passed by a majority of the representatives of the people, andthese representatives are chosen for such short periods that any injuriousor obnoxious law can very soon be repealed, it would appear unlikely thatany great numbers should be found ready to resist the execution of thelaws. But it must be borne in mind that the country is extensive; thatthere may be local interests or prejudices rendering a law odious in onepart which is not so in another, and that the thoughtless andinconsiderate, misled by their passions or their imaginations, may beinduced madly to resist such laws as they disapprove. Such persons shouldrecollect that without law there can be no real practical liberty; thatwhen law is trampled under foot tyranny rules, whether it appears in theform of a military despotism or of popular violence. The law is the onlysure protection of the weak and the only efficient restraint upon thestrong. When impartially and faithfully administered, none is beneath itsprotection and none above its control. You, gentlemen, and the country maybe assured that to the utmost of my ability and to the extent of the powervested in me I shall at all times and in all places take care that the lawsbe faithfully executed. In the discharge of this duty, solemnly imposedupon me by the Constitution and by my oath of office, I shall shrink fromno responsibility, and shall endeavor to meet events as they may arise withfirmness, as well as with prudence and discretion. 

The appointing power is one of the most delicate with which the Executiveis invested. I regard it as a sacred trust, to be exercised with the soleview of advancing the prosperity and happiness of the people. It shall bemy effort to elevate the standard of official employment by selecting forplaces of importance individuals fitted for the posts to which they areassigned by their known integrity, talents, and virtues. In so extensive acountry, with so great a population, and where few persons appointed tooffice can be known to the appointing power, mistakes will sometimesunavoidably happen and unfortunate appointments be made notwithstanding thegreatest care. In such cases the power of removal may be properlyexercised; and neglect of duty or malfeasance in office will be no moretolerated in individuals appointed by myself than in those appointed byothers. I am happy in being able to say that no unfavorable change in ourforeign relations has taken place since the message at the opening of thelast session of Congress. We are at peace with all nations and we enjoy inan eminent degree the blessings of that peace in a prosperous and growingcommerce and in all the forms of amicable national intercourse. Theunexampled growth of the country, the present amount of its population, andits ample means of self-protection assure for it the respect of allnations, while it is trusted that its character for justice and a regard tothe rights of other States will cause that respect to be readily andcheerfully paid. 

A convention was negotiated between the United States and Great Britain inApril last for facilitating and protecting the construction of a ship canalbetween the Atlantic and Pacific oceans and for other purposes. Theinstrument has since been ratified by the contracting parties, the exchangeof ratifications has been effected, and proclamation thereof has been dulymade. 

In addition to the stipulations contained in this convention, two otherobjects remain to be accomplished between the contracting powers: First. The designation and establishment of a free port at each end of the canal. 

Second. An agreement fixing the distance from the shore within whichbelligerent maritime operations shall not be carried on. On these pointsthere is little doubt that the two Governments will come to anunderstanding. 

The company of citizens of the United States who have acquired from theState of Nicaragua the privilege of constructing a ship canal between thetwo oceans through the territory of that State have made progress in theirpreliminary arrangements. The treaty between the United States and GreatBritain of the 19th of April last, above referred to, being now inoperation, it is to be hoped that the guaranties which it offers will besufficient to secure the completion of the work with all practicableexpedition. It is obvious that this result would be indefinitely postponedif any other than peaceful measures for the purpose of harmonizingconflicting claims to territory in that quarter should be adopted. It willconsequently be my endeavor to cause any further negotiations on the partof this Government which may be requisite for this purpose to be soconducted as to bring them to a speedy and successful close. 

Some unavoidable delay has occurred, arising from distance and thedifficulty of intercourse between this Government and that of Nicaragua, but as intelligence has just been received of the appointment of an envoyextraordinary and minister plenipotentiary of that Government to reside atWashington, whose arrival may soon be expected, it is hoped that no furtherimpediments will be experienced in the prompt transaction of businessbetween the two Governments. 

Citizens of the United States have undertaken the connection of the twooceans by means of a railroad across the Isthmus of Tehuantepec, undergrants of the Mexican Government to a citizen of that Republic. It isunderstood that a thorough survey of the course of the communication is inpreparation, and there is every reason to expect that it will be prosecutedwith characteristic energy, especially when that Government shall haveconsented to such stipulations with the Government of the United States asmay be necessary to impart a feeling of security to those who may embarktheir property in the enterprise. Negotiations are pending for theaccomplishment of that object, and a hope is confidently entertained thatwhen the Government of Mexico shall become duly sensible of the advantageswhich that country can not fail to derive from the work, and learn that theGovernment of the United States desires that the right of sovereignty ofMexico in the Isthmus shall remain unimpaired, the stipulations referred towill be agreed to with alacrity. 

By the last advices from Mexico it would appear, however, that thatGovernment entertains strong objections to some of the stipulations whichthe parties concerned in the project of the railroad deem necessary fortheir protection and security. Further consideration, it is to be hoped, orsome modification of terms, may yet reconcile the differences existingbetween the two Governments in this respect. 

Fresh instructions have recently been given to the minister of the UnitedStates in Mexico, who is prosecuting the subject with promptitude andability. 

Although the negotiations with Portugal for the payment of claims ofcitizens of the United States against that Government have not yet resultedin a formal treaty, yet a proposition, made by the Government of Portugalfor the final adjustment and payment of those claims, has recently beenaccepted on the part of the United States. It gives me pleasure to say thatMr. Clay, to whom the negotiation on the part of the United States had beenintrusted, discharged the duties of his appointment with ability anddiscretion, acting always within the instructions of his Government. 

It is expected that a regular convention will be immediately negotiated forcarrying the agreement between the two Governments into effect. Thecommissioner appointed under the act of Congress for carrying into effectthe convention with Brazil of the 27th of January, 1849, has entered uponthe performance of the duties imposed upon him by that act. It is hopedthat those duties may be completed within the time which it prescribes. Thedocuments, however, which the Imperial Government, by the third article ofthe convention, stipulates to furnish to the Government of the UnitedStates have not yet been received. As it is presumed that those documentswill be essential for the correct disposition of the claims, it may becomenecessary for Congress to extend the period limited for the duration of thecommission. The sum stipulated by the fourth article of the convention tobe paid to this Government has been received. 

The collection in the ports of the United States of discriminating dutiesupon the vessels of Chili and their cargoes has been suspended, pursuant tothe provisions of the act of Congress of the 24th of May, 1828. It is to behoped that this measure will impart a fresh impulse to the commerce betweenthe two countries, which of late, and especially since our acquisition ofCalifornia, has, to the mutual advantage of the parties, been muchaugmented. 

Peruvian guano has become so desirable an article to the agriculturalinterest of the United States that it is the duty of the Government toemploy all the means properly in its power for the purpose of causing thatarticle to be imported into the country at a reasonable price. Nothing willbe omitted on my part toward accomplishing this desirable end. I ampersuaded that in removing any restraints on this traffic the PeruvianGovernment will promote its own best interests, while it will afford aproof of a friendly disposition toward this country, which will be dulyappreciated. 

The treaty between the United States and His Majesty the King of theHawaiian Islands, which has recently been made public, will, it isbelieved, have a beneficial effect upon the relations between the twocountries. 

The relations between those parts of the island of St. Domingo which wereformerly colonies of Spain and France, respectively, are still in anunsettled condition. The proximity of that island to the United States andthe delicate questions involved in the existing controversy there render itdesirable that it should be permanently and speedily adjusted. Theinterests of humanity and of general commerce also demand this; and asintimations of the same sentiment have been received from othergovernments, it is hoped that some plan may soon be devised to effect theobject in a manner likely to give general satisfaction. The Government ofthe United States will not fail, by the exercise of all proper friendlyoffices, to do all in its power to put an end to the destructive war whichhas raged between the different parts of the island and to secure to themboth the benefits of peace and commerce. 

I refer you to the report of the Secretary of the Treasury for a detailedstatement of the finances. 

The total receipts into the Treasury for the year ending 30th of June lastwere $47, 421, 748. 90. The total expenditures during the same period were$43, 002, 168. 90. The public debt has been reduced since the last annualreport from the Treasury Department $495, 276. 79. 

By the nineteenth section of the act of 28th January, 1847, the proceeds ofthe sales of the public lands were pledged for the interest and principalof the public debt. The great amount of those lands subsequently granted byCongress for military bounties will, it is believed, very nearly supply thepublic demand for several years to come, and but little reliance can, therefore, be placed on that hitherto fruitful source of revenue. Asidefrom the permanent annual expenditures, which have necessarily largelyincreased, a portion of the public debt, amounting to $8, 075, 986. 59, mustbe provided for within the next two fiscal years. It is most desirable thatthese accruing demands should be met without resorting to new loans. 

All experience has demonstrated the wisdom and policy of raising a largeportion of revenue for the support of Government from duties on goodsimported. The power to lay these duties is unquestionable, and its chiefobject, of course, is to replenish the Treasury. But if in doing this anincidental advantage may be gained by encouraging the industry of our owncitizens, it is our duty to avail ourselves of that advantage. 

A duty laid upon an article which can not be produced in this country, suchas tea or coffee, adds to the cost of the article, and is chiefly or whollypaid by the consumer. But a duty laid upon an article which may be producedhere stimulates the skill and industry of our own country to produce thesame article, which is brought into the market in competition with theforeign article, and the importer is thus compelled to reduce his price tothat at which the domestic article can be sold, thereby throwing a part ofthe duty upon the producer of the foreign article. The continuance of thisprocess creates the skill and invites the capital which finally enable usto produce the article much cheaper than it could have been procured fromabroad, thereby benefiting both the producer and the consumer at home. Theconsequence of this is that the artisan and the agriculturist are broughttogether, each affords a ready market for the produce of the other, thewhole country becomes prosperous, and the ability to produce everynecessary of life renders us independent in war as well as in peace. 

A high tariff can never be permanent. It will cause dissatisfaction, andwill be changed. It excludes competition, and thereby invites theinvestment of capital in manufactures to such excess that when changed itbrings distress, bankruptcy, and ruin upon all who have been misled by itsfaithless protection. What the manufacturer wants is uniformity andpermanency, that he may feel a confidence that he is not to be ruined bysudden exchanges. But to make a tariff uniform and permanent it is not onlynecessary that the laws should not be altered, but that the duty should notfluctuate. To effect this all duties should be specific wherever the natureof the article is such as to admit of it. Ad valorem duties fluctuate withthe price and offer strong temptations to fraud and perjury. Specificduties, on the contrary, are equal and uniform in all ports and at alltimes, and offer a strong inducement to the importer to bring the bestarticle, as he pays no more duty upon that than upon one of inferiorquality. I therefore strongly recommend a modification of the presenttariff, which has prostrated some of our most important and necessarymanufactures, and that specific duties be imposed sufficient to raise therequisite revenue, making such discriminations in favor of the industrialpursuits of our own country as to encourage home production withoutexcluding foreign competition. It is also important that an unfortunateprovision in the present tariff, which imposes a much higher duty upon theraw material that enters into our manufactures than upon the manufacturedarticle, should be remedied. 

The papers accompanying the report of the Secretary of the Treasury willdisclose frauds attempted upon the revenue, in variety and amount so greatas to justify the conclusion that it is impossible under any system of advalorem duties levied upon the foreign cost or value of the article tosecure an honest observance and an effectual administration of the laws. The fraudulent devices to evade the law which have been detected by thevigilance of the appraisers leave no room to doubt that similar impositionsnot discovered, to a large amount, have been successfully practiced sincethe enactment of the law now in force. This state of things has already hada prejudicial influence upon those engaged in foreign commerce. It has atendency to drive the honest trader from the business of importing and tothrow that important branch of employment into the hands of unscrupulousand dishonest men, who are alike regardless of law and the obligations ofan oath. By these means the plain intentions of Congress, as expressed inthe law, are daily defeated. Every motive of policy and duty, therefore, impels me to ask the earnest attention of Congress to this subject. IfCongress should deem it unwise to attempt any important changes in thesystem of levying duties at this session, it will become indispensable tothe protection of the revenue that such remedies as in the judgment ofCongress may mitigate the evils complained of should be at once applied. 

As before stated, specific duties would, in my opinion, afford the mostperfect remedy for this evil; but if you should not concur in this view, then, as a partial remedy, I beg leave respectfully to recommend thatinstead of taking the invoice of the article abroad as a means ofdetermining its value here, the correctness of which invoice it is in manycases impossible to verify, the law be so changed as to require a homevaluation or appraisal, to be regulated in such manner as to give, as faras practicable, uniformity in the several ports. 

There being no mint in California, I am informed that the laborers in themines are compelled to dispose of their gold dust at a large discount. Thisappears to me to be a heavy and unjust tax upon the labor of those employedin extracting this precious metal, and I doubt not you will be disposed atthe earliest period possible to relieve them from it by the establishmentof a mint. In the meantime, as an assayer's office is established there, Iwould respectfully submit for your consideration the propriety ofauthorizing gold bullion which has been assayed and stamped to be receivedin payment of Government dues. I can not conceive that the Treasury wouldsuffer any loss by such a provision, which will at once raise bullion toits par value, and thereby save (if I am rightly informed) many millions ofdollars to the laborers which are now paid in brokerage to convert thisprecious metal into available funds. This discount upon their hard earningsis a heavy tax, and every effort should be made by the Government torelieve them from so great a burden. 

More than three-fourths of our population are engaged in the cultivation ofthe soil. The commercial, manufacturing, and navigating interests are allto a great extent dependent on the agricultural. It is therefore the mostimportant interest of the nation, and has a just claim to the fosteringcare and protection of the Government so far as they can be extendedconsistently with the provisions of the Constitution. As this can not bedone by the ordinary modes of legislation, I respectfully recommend theestablishment of an agricultural bureau, to be charged with the duty ofgiving to this leading branch of American industry the encouragement whichit so well deserves. In view of the immense mineral resources of ourcountry, provision should also be made for the employment of a competentmineralogist and chemist, who should be required, under the direction ofthe head of the bureau, to collect specimens of the various minerals of ourcountry and to ascertain by careful analysis their respective elements andproperties and their adaptation to useful purposes. He should also berequired to examine and report upon the qualities of different soils andthe manures best calculated to improve their productiveness. By publishingthe results of such experiments, with suitable explanations, and by thecollection and distribution of rare seeds and plants, with instructions asto the best system of cultivation, much may be done to promote this greatnational interest. 

In compliance with the act of Congress passed on the 23d of May, 1850, providing, among other things, for taking the Seventh Census, asuperintendent was appointed and all other measures adopted which weredeemed necessary to insure the prompt and faithful performance of thatduty. The appropriation already made will, it is believed, be sufficient todefray the whole expense of the work, but further legislation may benecessary in regard to the compensation of some of the marshals of theTerritories. It will also be proper to make provision by law at an earlyday for the publication of such abstracts of the returns as the publicinterests may require. 

The unprecedented growth of our territories on the Pacific in wealth andpopulation and the consequent increase of their social and commercialrelations with the Atlantic States seem to render it the duty of theGovernment to use all its constitutional power to improve the means ofintercourse with them. The importance of opening "a line of communication, the best and most expeditious of which the nature of the country willadmit, " between the Valley of the Mississippi and the Pacific was broughtto your notice by my predecessor in his annual message; and as the reasonswhich he presented in favor of the measure still exist in full force, I begleave to call your attention to them and to repeat the recommendations thenmade by him. 

The uncertainty which exists in regard to the validity of land titles inCalifornia is a subject which demands your early consideration. Largebodies of land in that State are claimed under grants said to have beenmade by authority of the Spanish and Mexican Governments. Many of thesehave not been perfected, others have been revoked, and some are believed tobe fraudulent. But until they shall have been judicially investigated theywill continue to retard the settlement and improvement of the country. Itherefore respectfully recommend that provision be made by law for theappointment of commissioners to examine all such claims with a view totheir final adjustment. 

I also beg leave to call your attention to the propriety of extending at anearly day our system of land laws, with such modifications as may benecessary, over the State of California and the Territories of Utah and NewMexico. The mineral lands of California will, of course, form an exceptionto any general system which may be adopted. Various methods of disposing ofthem have been suggested. I was at first inclined to favor the system ofleasing, as it seemed to promise the largest revenue to the Government andto afford the best security against monopolies; but further reflection andour experience in leasing the lead mines and selling lands upon credit havebrought my mind to the conclusion that there would be great difficulty incollecting the rents, and that the relation of debtor and creditor betweenthe citizens and the Government would be attended with many mischievousconsequences. I therefore recommend that instead of retaining the minerallands under the permanent control of the Government they be divided intosmall parcels and sold, under such restrictions as to quantity and time aswill insure the best price and guard most effectually against combinationsof capitalists to obtain monopolies. 

The annexation of Texas and the acquisition of California and New Mexicohave given increased importance to our Indian relations. The various tribesbrought under our jurisdiction by these enlargements of our boundaries areestimated to embrace a population of 124, 000. Texas and New Mexico aresurrounded by powerful tribes of Indians, who are a source of constantterror and annoyance to the inhabitants. Separating into small predatorybands, and always mounted, they overrun the country, devastating farms, destroying crops, driving off whole herds of cattle, and occasionallymurdering the inhabitants or carrying them into captivity. The great roadsleading into the country are infested with them, whereby traveling isrendered extremely dangerous and immigration is almost entirely arrested. The Mexican frontier, which by the eleventh article of the treaty ofGuadalupe Hidalgo we are bound to protect against the Indians within ourborder, is exposed to these incursions equally with our own. The militaryforce stationed in that country, although forming a large proportion of theArmy, is represented as entirely inadequate to our own protection and thefulfillment of our treaty stipulations with Mexico. The principaldeficiency is in cavalry, and I recommend that Congress should, at as earlya period as practicable, provide for the raising of one or more regimentsof mounted men. 

For further suggestions on this subject and others connected with ourdomestic interests and the defense of our frontier, I refer you to thereports of the Secretary of the Interior and of the Secretary of War. 

I commend also to your favorable consideration the suggestion contained inthe last-mentioned report and in the letter of the General in Chiefrelative to the establishment of an asylum for the relief of disabled anddestitute soldiers. This subject appeals so strongly to your sympathiesthat it would be superfluous in me to say anything more than barely toexpress my cordial approbation of the proposed object. 

The Navy continues to give protection to our commerce and other nationalinterests in the different quarters of the globe, and, with the exceptionof a single steamer on the Northern lakes, the vessels in commission aredistributed in six different squadrons. 

The report of the head of that Department will exhibit the services ofthese squadrons and of the several vessels employed in each during the pastyear. It is a source of gratification that, while they have been constantlyprepared for any hostile emergency, they have everywhere met with therespect and courtesy due as well to the dignity as to the peacefuldispositions and just purposes of the nation. 

The two brigantines accepted by the Government from a generous citizen ofNew York and placed under the command of an officer of the Navy to proceedto the Arctic Seas in quest of the British commander Sir John Franklin andhis companions, in compliance with the act of Congress approved in Maylast, had when last heard from penetrated into a high northern latitude;but the success of this noble and humane enterprise is yet uncertain. 

I invite your attention to the view of our present naval establishment andresources presented in the report of the Secretary of the Navy, and thesuggestions therein made for its improvement, together with the navalpolicy recommended for the security of our Pacific Coast and the protectionand extension of our commerce with eastern Asia. Our facilities for alarger participation in the trade of the East, by means of our recentsettlements on the shores of the Pacific, are too obvious to be overlookedor disregarded. 

The questions in relation to rank in the Army and Navy and relative rankbetween officers of the two branches of the service, presented to theExecutive by certain resolutions of the House of Representatives at thelast session of Congress, have been submitted to a board of officers ineach branch of the service, and their report may be expected at an earlyday. 

I also earnestly recommend the enactment of a law authorizing officers ofthe Army and Navy to be retired from the service when incompetent for itsvigorous and active duties, taking care to make suitable provision forthose who have faithfully served their country and awarding distinctions byretaining in appropriate commands those who have been particularlyconspicuous for gallantry and good conduct. While the obligation of thecountry to maintain and honor those who, to the exclusion of otherpursuits, have devoted themselves to its arduous service is acknowledged, this obligation should not be permitted to interfere with the efficiency ofthe service itself. 

I am gratified in being able to state that the estimates of expenditure forthe Navy in the ensuing year are less by more than $1, 000, 000 than those ofthe present, excepting the appropriation which may become necessary for theconstruction of a dock on the coast of the Pacific, propositions for whichare now being considered and on which a special report may be expectedearly in your present session. 

There is an evident justness in the suggestion of the same report thatappropriations for the naval service proper should be separated from thosefor fixed and permanent objects, such as building docks and navy yards andthe fixtures attached, and from the extraordinary objects under the care ofthe Department which, however important, are not essentially naval. 

A revision of the code for the government of the Navy seems to require theimmediate consideration of Congress. Its system of crimes and punishmentshad undergone no change for half a century until the last session, thoughits defects have been often and ably pointed out; and the abolition of aparticular species of corporal punishment, which then took place, withoutproviding any substitute, has left the service in a state of defectivenesswhich calls for prompt correction. I therefore recommend that the wholesubject be revised without delay and such a system established for theenforcement of discipline as shall be at once humane and effectual. 

The accompanying report of the Postmaster-General presents a satisfactoryview of the operations and condition of that Department. At the close ofthe last fiscal year the length of the inland mail routes in the UnitedStates (not embracing the service in Oregon and California) was 178, 672miles, the annual transportation thereon 46, 541, 423 miles, and the annualcost of such transportation $2, 724, 426. The increase of the annualtransportation over that of the preceding year was 3, 997, 354 miles and theincrease in cost was $342, 440. The number of post-offices in the UnitedStates on the 1st day of July last was 18, 417, being an increase of 1, 670during the preceding year. 

The gross revenues of the Department for the fiscal year ending June 30, 1850, amounted to $5, 552, 971. 48, including the annual appropriation of$200, 000 for the franked matter of the Departments and excluding theforeign postages collected for and payable to the British Government. 

The expenditures for the same period were $5, 212, 953. 43, leaving a balanceof revenue over expenditures of $340, 018. 05. 

I am happy to find that the fiscal condition of the Department is such asto justify the Postmaster-General in recommending the reduction of ourinland letter postage to 3 cents the single letter when prepaid and 5 centswhen not prepaid. He also recommends that the prepaid rate shall be reducedto 2 cents whenever the revenues of the Department, after the reduction, shall exceed its expenditures by more than 5 per cent for two consecutiveyears; that the postage upon California and other letters sent by our oceansteamers shall be much reduced, and that the rates of postage onnewspapers, pamphlets, periodicals, and other printed matter shall bemodified and some reduction thereon made. 

It can not be doubted that the proposed reductions will for the presentdiminish the revenues of the Department. It is believed that thedeficiency, after the surplus already accumulated shall be exhausted, maybe almost wholly met either by abolishing the existing privileges ofsending free matter through the mails or by paying out of the Treasury tothe Post-Office Department a sum equivalent to the postage of which it isdeprived by such privileges. The last is supposed to be the preferablemode, and will, if not entirely, so nearly supply that deficiency as tomake any further appropriation that may be found necessary soinconsiderable as to form no obstacle to the proposed reductions. 

I entertain no doubt of the authority of Congress to make appropriationsfor leading objects in that class of public works comprising what areusually called works of internal improvement. This authority I suppose tobe derived chiefly from the power of regulating commerce with foreignnations and among the States and the power of laying and collectingimposts. Where commerce is to be carried on and imposts collected theremust be ports and harbors as well as wharves and custom-houses. If shipsladen with valuable cargoes approach the shore or sail along the coast, light-houses are necessary at suitable points for the protection of lifeand property. Other facilities and securities for commerce and navigationare hardly less important; and those clauses of the Constitution, therefore, to which I have referred have received from the origin of theGovernment a liberal and beneficial construction. Not only havelight-houses, buoys, and beacons been established and floating lightsmaintained, but harbors have been cleared and improved, piers constructed, and even breakwaters for the safety of shipping and sea walls to protectharbors from being filled up and rendered useless by the action of theocean, have been erected at very great expense. And this construction ofthe Constitution appears the more reasonable from the consideration that ifthese works, of such evident importance and utility, are not to beaccomplished by Congress they can not be accomplished at all. By theadoption of the Constitution the several States voluntarily parted with thepower of collecting duties of imposts in their own ports, and it is not tobe expected that they should raise money by internal taxation, direct orindirect, for the benefit of that commerce the revenues derived from whichdo not, either in whole or in part, go into their own treasuries. Nor do Iperceive any difference between the power of Congress to makeappropriations for objects of this kind on the ocean and the power to makeappropriations for similar objects on lakes and rivers, wherever they arelarge enough to bear on their waters an extensive traffic. The magnificentMississippi and its tributaries and the vast lakes of the North andNorthwest appear to me to fall within the exercise of the power as justlyand as clearly as the ocean and the Gulf of Mexico. It is a mistake toregard expenditures judiciously made for these objects as expenditures forlocal purposes. The position or sight of the work is necessarily local, butits utility is general. A ship canal around the Falls of St. Mary of lessthan a mile in length, though local in its construction, would yet benational in its purpose and its benefits, as it would remove the onlyobstruction to a navigation of more than 1, 000 miles, affecting severalStates, as well as our commercial relations with Canada. So, too, thebreakwater at the mouth of the Delaware is erected, not for the exclusivebenefit of the States bordering on the bay and river of that name, but forthat of the whole coastwise navigation of the United States and, to aconsiderable extent, also of foreign commerce. If a ship be lost on the barat the entrance of a Southern port for want of sufficient depth of water, it is very likely to be a Northern ship; and if a steamboat be sunk in anypart of the Mississippi on account of its channel not having been properlycleared of obstructions, it may be a boat belonging to either of eight orten States. I may add, as somewhat remarkable, that among all thethirty-one States there is none that is not to a greater or less extentbounded on the ocean, or the Gulf of Mexico, or one of the Great Lakes, orsome navigable river. 

In fulfilling our constitutional duties, fellow-citizens, on this subject, as in carrying into effect all other powers conferred by the Constitution, we should consider ourselves as deliberating and acting for one and thesame country, and bear constantly in mind that our regard and our duty aredue not to a particular part only, but to the whole. 

I therefore recommend that appropriations be made for completing such worksas have been already begun and for commencing such others as may seem tothe wisdom of Congress to be of public and general importance. 

The difficulties and delays incident to the settlement of private claims byCongress amount in many cases to a denial of justice. There is reason toapprehend that many unfortunate creditors of the Government have therebybeen unavoidably ruined. Congress has so much business of a publiccharacter that it is impossible it should give much attention to mereprivate claims, and their accumulation is now so great that many claimantsmust despair of ever being able to obtain a hearing. It may well be doubtedwhether Congress, from the nature of its organization, is properlyconstituted to decide upon such cases. It is impossible that each membershould examine the merits of every claim on which he is compelled to vote, and it is preposterous to ask a judge to decide a case which he has neverheard. Such decisions may, and frequently must, do injustice either to theclaimant or the Government, and I perceive no better remedy for thisgrowing evil than the establishment of some tribunal to adjudicate uponsuch claims. I beg leave, therefore, most respectfully to recommend thatprovision be made by law for the appointment of a commission to settle allprivate claims against the United States; and as an ex parte hearing mustin all contested cases be very unsatisfactory, I also recommend theappointment of a solicitor, whose duty it shall be to represent theGovernment before such commission and protect it against all illegal, fraudulent, or unjust claims which may be presented for their adjudication. This District, which has neither voice nor vote in your deliberations, looks to you for protection and aid, and I commend all its wants to yourfavorable consideration, with a full confidence that you will meet them notonly with justice, but with liberality. It should be borne in mind that inthis city, laid out by Washington and consecrated by his name, is locatedthe Capitol of our nation, the emblem of our Union and the symbol of ourgreatness. Here also are situated all the public buildings necessary forthe use of the Government, and all these are exempt from taxation. Itshould be the pride of Americans to render this place attractive to thepeople of the whole Republic and convenient and safe for the transaction ofthe public business and the preservation of the public records. TheGovernment should therefore bear a liberal proportion of the burdens of allnecessary and useful improvements. And as nothing could contribute more tothe health, comfort, and safety of the city and the security of the publicbuildings and records than an abundant supply of pure water, I respectfullyrecommend that you make such provisions for obtaining the same as in yourwisdom you may deem proper. 

The act, passed at your last session, making certain propositions to Texasfor settling the disputed boundary between that State and the Territory ofNew Mexico was, immediately on its passage, transmitted by express to thegovernor of Texas, to be laid by him before the general assembly for itsagreement thereto. Its receipt was duly acknowledged, but no officialinformation has yet been received of the action of the general assemblythereon. It may, however, be very soon expected, as, by the terms of thepropositions submitted they were to have been acted upon on or before thefirst day of the present month. 

It was hardly to have been expected that the series of measures passed atyour last session with the view of healing the sectional differences whichhad sprung from the slavery and territorial questions should at once haverealized their beneficent purpose. All mutual concession in the nature of acompromise must necessarily be unwelcome to men of extreme opinions. Andthough without such concessions our Constitution could not have beenformed, and can not be permanently sustained, yet we have seen them madethe subject of bitter controversy in both sections of the Republic. Itrequired many months of discussion and deliberation to secure theconcurrence of a majority of Congress in their favor. It would be strangeif they had been received with immediate approbation by people and Statesprejudiced and heated by the exciting controversies of theirrepresentatives. I believe those measures to have been required by thecircumstances and condition of the country. I believe they were necessaryto allay asperities and animosities that were rapidly alienating onesection of the country from another and destroying those fraternalsentiments which are the strongest supports of the Constitution. They wereadopted in the spirit of conciliation and for the purpose of conciliation. I believe that a great majority of our fellow citizens sympathize in thatspirit and that purpose, and in the main approve and are prepared in allrespects to sustain these enactments. I can not doubt that the Americanpeople, bound together by kindred blood and common traditions, stillcherish a paramount regard for the Union of their fathers, and that theyare ready to rebuke any attempt to violate its integrity, to disturb thecompromises on which it is based, or to resist the laws which have beenenacted under its authority. 

The series of measures to which I have alluded are regarded by me as asettlement in principle and substance--a final settlement of the dangerousand exciting subjects which they embraced. Most of these subjects, indeed, are beyond your reach, as the legislation which disposed of them was in itscharacter final and irrevocable. It may be presumed from the oppositionwhich they all encountered that none of those measures was free fromimperfections, but in their mutual dependence and connection they formed asystem of compromise the most conciliatory and best for the entire countrythat could be obtained from conflicting sectional interests and opinions. 

For this reason I recommend your adherence to the adjustment established bythose measures until time and experience shall demonstrate the necessity offurther legislation to guard against evasion or abuse. 

By that adjustment we have been rescued from the wide and boundlessagitation that surrounded us, and have a firm, distinct, and legal groundto rest upon. And the occasion, I trust, will justify me in exhorting mycountrymen to rally upon and maintain that ground as the best, if not theonly, means of restoring peace and quiet to the country and maintaininginviolate the integrity of the Union. 

And now, fellow-citizens, I can not bring this communication to a closewithout invoking you to join me in humble and devout thanks to the GreatRuler of Nations for the multiplied blessings which He has graciouslybestowed upon us. His hand, so often visible in our preservation, hasstayed the pestilence, saved us from foreign wars and domesticdisturbances, and scattered plenty throughout the land. 

Our liberties, religions and civil, have been maintained, the fountains ofknowledge have all been kept open, and means of happiness widely spread andgenerally enjoyed greater than have fallen to the lot of any other nation. And while deeply penetrated with gratitude for the past, let us hope thatHis all-wise providence will so guide our counsels as that they shallresult in giving satisfaction to our constituents, securing the peace ofthe country, and adding new strength to the united Government under whichwe live. 

***

State of the Union AddressMillard FillmoreDecember 2, 1851

Fellow-Citizens of the Senate and of the House of Representatives:

I congratulate you and our common constituency upon the favorable auspicesunder which you meet for your first session. Our country is at peace withall the world. The agitation which for a time threatened to disturb thefraternal relations which make us one people is fast subsiding, and a yearof general prosperity and health has crowned the nation with unusualblessings. None can look back to the dangers which are passed or forward tothe bright prospect before us without feeling a thrill of gratification, atthe same time that he must be impressed with a grateful sense of ourprofound obligations to a beneficent Providence, whose paternal care is somanifest in the happiness of this highly favored land. 

Since the close of the last Congress certain Cubans and other foreignersresident in the United States, who were more or less concerned in theprevious invasion of Cuba, instead of being discouraged by its failure haveagain abused the hospitality of this country by making it the scene of theequipment of another military expedition against that possession of HerCatholic Majesty, in which they were countenanced, aided, and joined bycitizens of the United States. On receiving intelligence that such designswere entertained, I lost no time in issuing such instructions to the properofficers of the United States as seemed to be called for by the occasion. By the proclamation a copy of which is herewith submitted I also warnedthose who might be in danger of being inveigled into this scheme of itsunlawful character and of the penalties which they would incur. For sometime there was reason to hope that these measures had sufficed to preventany such attempt. This hope, however, proved to be delusive. Very early inthe morning of the 3d of August a steamer called the Pampero departed fromNew Orleans for Cuba, having on board upward of 400 armed men with evidentintentions to make war upon the authorities of the island. This expeditionwas set on foot in palpable violation of the laws of the United States. Itsleader was a Spaniard, and several of the chief officers and some othersengaged in it were foreigners. The persons composing it, however, weremostly citizens of the United States. 

Before the expedition set out, and probably before it was organized, aslight insurrectionary movement, which appears to have been soonsuppressed, had taken place in the eastern quarter of Cuba. The importanceof this movement was, unfortunately, so much exaggerated in the accounts ofit published in this country that these adventurers seem to have been ledto believe that the Creole population of the island not only desired tothrow off the authority of the mother country, but had resolved upon thatstep and had begun a well-concerted enterprise for effecting it. Thepersons engaged in the expedition were generally young and ill informed. The steamer in which they embarked left New Orleans stealthily and withouta clearance. After touching at Key West, she proceeded to the coast ofCuba, and on the night between the 11th and 12th of August landed thepersons on board at Playtas, within about 20 leagues of Havana. 

The main body of them proceeded to and took possession of an inland village6 leagues distant, leaving others to follow in charge of the baggage assoon as the means of transportation could be obtained. The latter, havingtaken up their line of march to connect themselves with the main body, andhaving proceeded about 4 leagues into the country, were attacked on themorning of the 13th by a body of Spanish troops, and a bloody conflictensued, after which they retreated to the place of disembarkation, whereabout 50 of them obtained boats and reembarked therein. They were, however, intercepted among the keys near the shore by a Spanish steamer cruising onthe coast, captured and carried to Havana, and after being examined beforea military court were sentenced to be publicly executed, and the sentencewas carried into effect on the 16th of August. 

On receiving information of what had occurred Commodore Foxhall A. Parkerwas instructed to proceed in the steam frigate Saranac to Havana andinquire into the charges against the persons executed, the circumstancesunder which they were taken, and whatsoever referred to their trial andsentence. Copies of the instructions from the Department of State to himand of his letters to that Department are herewith submitted. 

According to the record of the examination, the prisoners all admitted theoffenses charged against them, of being hostile invaders of the island. Atthe time of their trial and execution the main body of the invaders wasstill in the field making war upon the Spanish authorities and Spanishsubjects. After the lapse of some days, being overcome by the Spanishtroops, they dispersed on the 24th of August. Lopez, their leader, wascaptured some days after, and executed on the 1st of September. Many of hisremaining followers were killed or died of hunger and fatigue, and the restwere made prisoners. Of these none appear to have been tried or executed. Several of them were pardoned upon application of their friends and others, and the rest, about 160 in number, were sent to Spain. Of the finaldisposition made of these we have no official information. 

Such is the melancholy result of this illegal and ill-fated expedition. Thus thoughtless young men have been induced by false and fraudulentrepresentations to violate the law of their country through rash andunfounded expectations of assisting to accomplish political revolutions inother states, and have lost their lives in the undertaking. Too severe ajudgment can hardly be passed by the indignant sense of the community uponthose who, being better informed themselves, have yet led away the ardor ofyouth and an ill-directed love of political liberty. The correspondencebetween this Government and that of Spain relating to this transaction isherewith communicated. 

Although these offenders against the laws have forfeited the protection oftheir country, yet the Government may, so far as consistent with itsobligations to other countries and its fixed purpose to maintain andenforce the laws, entertain sympathy for their unoffending families andfriends, as well as a feeling of compassion for themselves. Accordingly, noproper effort has been spared and none will be spared to procure therelease of such citizens of the United States engaged in this unlawfulenterprise as are now in confinement in Spain; but it is to be hoped thatsuch interposition with the Government of that country may not beconsidered as affording any ground of expectation that the Government ofthe United States will hereafter feel itself under any obligation of dutyto intercede for the liberation or pardon of such persons as are flagrantoffenders against the law of nations and the laws of the United States. These laws must be executed. If we desire to maintain our respectabilityamong the nations of the earth, it behooves us to enforce steadily andsternly the neutrality acts passed by Congress and to follow as far as maybe the violation of those acts with condign punishment. 

But what gives a peculiar criminality to this invasion of Cuba is that, under the lead of Spanish subjects and with the aid of citizens of theUnited States, it had its origin with many in motives of cupidity. Moneywas advanced by individuals, probably in considerable amounts, to purchaseCuban bonds, as they have been called, issued by Lopez, sold, doubtless, ata very large discount, and for the payment of which the public lands andpublic property of Cuba, of whatever kind, and the fiscal resources of thepeople and government of that island, from whatever source to be derived, were pledged, as well as the good faith of the government expected to beestablished. All these means of payment, it is evident, were only to beobtained by a process of bloodshed, war, and revolution. None will denythat those who set on foot military expeditions against foreign states bymeans like these are far more culpable than the ignorant and thenecessitous whom they induce to go forth as the ostensible parties in theproceeding. These originators of the invasion of Cuba seem to havedetermined with coolness and system upon an undertaking which shoulddisgrace their country, violate its laws, and put to hazard the lives ofill-informed and deluded men. You will consider whether further legislationbe necessary to prevent the perpetration of such offenses in future. 

No individuals have a right to hazard the peace of the country or toviolate its laws upon vague notions of altering or reforming governments inother states. This principle is not only reasonable in itself and inaccordance with public law, but is ingrafted into the codes of othernations as well as our own. But while such are the sentiments of thisGovernment, it may be added that every independent nation must be presumedto be able to defend its possessions against unauthorized individualsbanded together to attack them. The Government of the United States at alltimes since its establishment has abstained and has sought to restrain thecitizens of the country from entering into controversies between otherpowers, and to observe all the duties of neutrality. At an early period ofthe Government, in the Administration of Washington, several laws werepassed for this purpose. The main provisions of these laws were reenactedby the act of April, 1818, by which, amongst other things, it was declaredthat--

If any person shall, within the territory or jurisdiction of the UnitedStates, begin, or set on foot, or provide or prepare the means for, anymilitary expedition or enterprise to be carried on from thence against theterritory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, every personso offending shall be deemed guilty of a high misdemeanor, and shall befined not exceeding $3, 000 and imprisoned not more than three years. 

And this law has been executed and enforced to the full extent of the powerof the Government from that day to this. 

In proclaiming and adhering to the doctrine of neutrality andnonintervention, the United States have not followed the lead of othercivilized nations; they have taken the lead themselves and have beenfollowed by others. This was admitted by one of the most eminent of modernBritish statesmen, who said in Parliament, while a minister of the Crown, "that if he wished for a guide in a system of neutrality he should takethat laid down by America in the days of Washington and the secretaryshipof Jefferson;" and we see, in fact, that the act of Congress of 1818 wasfollowed the succeeding year by an act of the Parliament of Englandsubstantially the same in its general provisions. Up to that time there hadbeen no similar law in England, except certain highly penal statutes passedin the reign of George II, prohibiting English subjects from enlisting inforeign service, the avowed object of which statutes was that foreignarmies, raised for the purpose of restoring the house of Stuart to thethrone, should not be strengthened by recruits from England herself. 

All must see that difficulties may arise in carrying the laws referred tointo execution in a country now having 3, 000 or 4, 000 miles of seacoast, with an infinite number of ports and harbors and small inlets, from some ofwhich unlawful expeditious may suddenly set forth, without the knowledge ofGovernment, against the possessions of foreign states. 

"Friendly relations with all, but entangling alliances with none, " has longbeen a maxim with us. Our true mission is not to propagate our opinions orimpose upon other countries our form of government by artifice or force, but to teach by example and show by our success, moderation, and justicethe blessings of self-government and the advantages of free institutions. Let every people choose for itself and make and alter its politicalinstitutions to suit its own condition and convenience. But while we avowand maintain this neutral policy ourselves, we are anxious to see the sameforbearance on the part of other nations whose forms of government aredifferent from our own. The deep interest which we feel in the spread ofliberal principles and the establishment of free governments and thesympathy with which we witness every struggle against oppression forbidthat we should be indifferent to a case in which the strong arm of aforeign power is invoked to stifle public sentiment and repress the spiritof freedom in any country. 

The Governments of Great Britain and France have issued orders to theirnaval commanders on the West India station to prevent, by force ifnecessary, the landing of adventurers from any nation on the island of Cubawith hostile intent. The copy of a memorandum of a conversation on thissubject between the charge d'affaires of Her Britannic Majesty and theActing Secretary of State and of a subsequent note of the former to theDepartment of State are herewith submitted, together with a copy of a noteof the Acting Secretary of State to the minister of the French Republic andof the reply of the latter on the same subject. These papers will acquaintyou with the grounds of this interposition of two leading commercial powersof Europe, and with the apprehensions, which this Government could not failto entertain, that such interposition, if carried into effect, might leadto abuses in derogation of the maritime rights of the United States. Themaritime rights of the United States are founded on a firm, secure, andwell-defined basis; they stand upon the ground of national independence andpublic law, and will be maintained in all their full and just extent. Theprinciple which this Government has heretofore solemnly announced it stilladheres to, and will maintain under all circumstances and at all hazards. That principle is that in every regularly documented merchant vessel thecrew who navigate it and those on board of it will find their protection inthe flag which is over them. No American ship can be allowed to be visitedor searched for the purpose of ascertaining the character of individuals onboard, nor can there be allowed any watch by the vessels of any foreignnation over American vessels on the coast of the United States or the seasadjacent thereto. It will be seen by the last communication from theBritish charge d'affaires to the Department of State that he is authorizedto assure the Secretary of State that every care will be taken that inexecuting the preventive measures against the expeditions which the UnitedStates Government itself has denounced as not being entitled to theprotection of any government no interference shall take place with thelawful commerce of any nation. 

In addition to the correspondence on this subject herewith submitted, official information has been received at the Department of State ofassurances by the French Government that in the orders given to the Frenchnaval forces they were expressly instructed, in any operations they mightengage in, to respect the flag of the United States wherever it mightappear, and to commit no act of hostility upon any vessel or armament underits protection. 

Ministers and consuls of foreign nations are the means and agents ofcommunication between us and those nations, and it is of the utmostimportance that while residing in the country they should feel a perfectsecurity so long as they faithfully discharge their respective duties andare guilty of no violation of our laws. This is the admitted law of nationsand no country has a deeper interest in maintaining it than the UnitedStates. Our commerce spreads over every sea and visits every clime, and ourministers and consuls are appointed to protect the interests of thatcommerce as well as to guard the peace of the country and maintain thehonor of its flag. But how can they discharge these duties unless they bethemselves protected? And if protected it must be by the laws of thecountry in which they reside. And what is due to our own publicfunctionaries residing in foreign nations is exactly the measure of what isdue to the functionaries of other governments residing here. As in war thebearers of flags of truce are sacred, or else wars would be interminable, so in peace ambassadors, public ministers, and consuls, charged withfriendly national intercourse, are objects of especial respect andprotection, each according to the rights belonging to his rank and station. In view of these important principles, it is with deep mortification andregret I announce to you that during the excitement growing out of theexecutions at Havana the office of Her Catholic Majesty's consul at NewOrleans was assailed by a mob, his property destroyed, the Spanish flagfound in the office carried off and torn in pieces, and he himself inducedto flee for his personal safety, which he supposed to be in danger. Onreceiving intelligence of these events I forthwith directed the attorney ofthe United States residing at New Orleans to inquire into the facts and theextent of the pecuniary loss sustained by the consul, with the intention oflaying them before you, that you might make provision for such indemnity tohim as a just regard for the honor of the nation and the respect which isdue to a friendly power might, in your judgment, seem to require. Thecorrespondence upon this subject between the Secretary of State and HerCatholic Majesty's minister plenipotentiary is herewith transmitted. 

The occurrence at New Orleans has led me to give my attention to the stateof our laws in regard to foreign ambassadors, ministers, and consuls. Ithink the legislation of the country is deficient in not providingsufficiently either for the protection or the punishment of consuls. Itherefore recommend the subject to the consideration of Congress. 

Your attention is again invited to the question of reciprocal trade betweenthe United States and Canada and other British possessions near ourfrontier. Overtures for a convention upon this subject have been receivedfrom Her Britannic Majesty's minister plenipotentiary, but it seems to bein many respects preferable that the matter should be regulated byreciprocal legislation. Documents are laid before you showing the termswhich the British Government is willing to offer and the measures which itmay adopt if some arrangement upon this subject shall not be made. 

From the accompanying copy of a note from the British legation atWashington and the reply of the Department of State thereto it will appearthat Her Britannic Majesty's Government is desirous that a part of theboundary line between Oregon and the British possessions should beauthoritatively marked out, and that an intention was expressed to apply toCongress for an appropriation to defray the expense thereof on the part ofthe United States. Your attention to this subject is accordingly invitedand a proper appropriation recommended. A convention for the adjustment ofclaims of citizens of the United States against Portugal has been concludedand the ratifications have been exchanged. The first installment of theamount to be paid by Portugal fell due on the 30th of September last andhas been paid. The President of the French Republic, according to theprovisions of the convention, has been selected as arbiter in the case ofthe General Armstrong, and has signified that he accepts the trust and thehigh satisfaction he feels in acting as the common friend of two nationswith which France is united by sentiments of sincere and lasting amity. 

The Turkish Government has expressed its thanks for the kind receptiongiven to the Sultan's agent, Amin Bey, on the occasion of his recent visitto the United States. On the 28th of February last a dispatch was addressedby the Secretary of State to Mr. Marsh, the American minister atConstantinople, instructing him to ask of the Turkish Government permissionfor the Hungarians then imprisoned within the dominions of the SublimePorte to remove to this country. On the 3d of March last both Houses ofCongress passed a resolution requesting the President to authorize theemployment of a public vessel to convey to this country Louis Kossuth andhis associates in captivity. The instruction above referred to was compliedwith, and the Turkish Government having released Governor Kossuth and hiscompanions from prison, on the 10th of September last they embarked onboard of the United States steam frigate Mississippi, which was selected tocarry into effect the resolution of Congress. Governor Kossuth left theMississippi at Gibraltar for the purpose of making a visit to England, andmay shortly be expected in New York. By communications to the Department ofState he has expressed his grateful acknowledgments for the interpositionof this Government in behalf of himself and his associates. This countryhas been justly regarded as a safe asylum for those whom political eventshave exiled from their own homes in Europe. And it is recommended toCongress to consider in what manner Governor Kossuth and his companions, brought hither by its authority, shall be received and treated. 

It is earnestly to be hoped that the differences which have for some timepast been pending between the Government of the French Republic and that ofthe Sandwich Islands may be peaceably and durably adjusted so as to securethe independence of those islands. Long before the events which have oflate imparted so much importance to the possessions of the United States onthe Pacific we acknowledged the independence of the Hawaiian Government. This Government was first in taking that step, and several of the leadingpowers of Europe immediately followed. We were influenced in this measureby the existing and prospective importance of the islands as a place ofrefuge and refreshment for our vessels engaged in the whale fishery, and bythe consideration that they lie in the course of the great trade which mustat no distant day be carried on between the western coast of North Americaand eastern Asia. 

We were also influenced by a desire that those islands should not passunder the control of any other great maritime state, but should remain inan independent condition, and so be accessible and useful to the commerceof all nations. I need not say that the importance of these considerationshas been greatly enhanced by the sudden and vast development which theinterests of the United States have attained in California and Oregon, andthe policy heretofore adopted in regard to those islands will be steadilypursued. 

It is gratifying, not only to those who consider the commercial interestsof nations, but also to all who favor the progress of knowledge and thediffusion of religion, to see a community emerge from a savage state andattain such a degree of civilization in those distant seas. It is much tobe deplored that the internal tranquillity of the Mexican Republic shouldagain be seriously disturbed, for since the peace between that Republic andthe United States it had enjoyed such comparative repose that the mostfavorable anticipations for the future might with a degree of confidencehave been indulged. These, however, have been thwarted by the recentoutbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. Having received information that persons from the United States had takenpart in the insurrection, and apprehending that their example might befollowed by others, I caused orders to be issued for the purpose ofpreventing any hostile expeditions against Mexico from being set on foot inviolation of the laws of the United States. I likewise issued aproclamation upon the subject, a copy of which is herewith laid before you. This appeared to be rendered imperative by the obligations of treaties andthe general duties of good neighborhood. 

In my last annual message I informed Congress that citizens of the UnitedStates had undertaken the connection of the two oceans by means of arailroad across the Isthmus of Tehuantepec, under a grant of the MexicanGovernment to a citizen of that Republic, and that this enterprise wouldprobably be prosecuted with energy whenever Mexico should consent to suchstipulations with the Government of the United States as should impart afeeling of security to those who should invest their property in theenterprise. A convention between the two Governments for the accomplishmentof that end has been ratified by this Government, and only awaits thedecision of the Congress and the Executive of that Republic. 

Some unexpected difficulties and delays have arisen in the ratification ofthat convention by Mexico, but it is to be presumed that her decision willbe governed by just and enlightened views, as well of the generalimportance of the object as of her own interests and obligations. 

In negotiating upon this important subject this Government has had in viewone, and only one, object. That object has been, and is, the constructionor attainment of a passage from ocean to ocean, the shortest and the bestfor travelers and merchandise, and equally open to all the world. It hassought to obtain no territorial acquisition, nor any advantages peculiar toitself; and it would see with the greatest regret that Mexico should opposeany obstacle to the accomplishment of an enterprise which promises so muchconvenience to the whole commercial world and such eminent advantages toMexico herself. Impressed with these sentiments and these convictions, theGovernment will continue to exert all proper efforts to bring about thenecessary arrangement with the Republic of Mexico for the speedy completionof the work. For some months past the Republic of Nicaragua has been thetheater of one of those civil convulsions from which the cause of freeinstitutions and the general prosperity and social progress of the Statesof Central America have so often and so severely suffered. Until quietshall have been restored and a government apparently stable shall have beenorganized, no advance can prudently be made in disposing of the questionspending between the two countries. 

I am happy to announce that an interoceanic communication from the mouth ofthe St. John to the Pacific has been so far accomplished as that passengershave actually traversed it and merchandise has been transported over it, and when the canal shall have been completed according to the original planthe means of communication will be further improved. It is understood thata considerable part of the railroad across the Isthmus of Panama has beencompleted, and that the mail and passengers will in future be conveyedthereon. Whichever of the several routes between the two oceans mayultimately prove most eligible for travelers to and from the differentStates on the Atlantic and Gulf of Mexico and our coast on the Pacific, there is little reason to doubt that all of them will be useful to thepublic, and will liberally reward that individual enterprise by which alonethey have been or are expected to be carried into effect. Peace has beenconcluded between the contending parties in the island of St. Domingo, and, it is hoped, upon a durable basis. Such is the extent of our commercialrelations with that island that the United States can not fail to feel astrong interest in its tranquillity. The office of commissioner to Chinaremains unfilled. Several persons have been appointed, and the place hasbeen offered to others, all of whom have declined its acceptance on theground of the inadequacy of the compensation. The annual allowance by lawis $6, 000, and there is no provision for any outfit. I earnestly recommendthe consideration of this subject to Congress. Our commerce with China ishighly important, and is becoming more and more so in consequence of theincreasing intercourse between our ports on the Pacific Coast and easternAsia. China is understood to be a country in which living is veryexpensive, and I know of no reason why the American commissioner sentthither should not be placed, in regard to compensation, on an equalfooting with ministers who represent this country at the Courts of Europe. 

By reference to the report of the Secretary of the Treasury it will be seenthat the aggregate receipts for the last fiscal year amounted to$52, 312, 979. 87, which, with the balance in the Treasury on the 1st July, 1850, gave as the available means for the year the sum of $58, 917, 524. 36. 

The total expenditures for the same period were $48, 005, 878. 68. The totalimports for the year ending June 30, 1851, were $215, 725, 995, of whichthere were in specie $4, 967, 901. The exports for the same period were$217, 517, 130, of which there were of domestic products $178, 546, 555;foreign goods reexported, $9, 738, 695; specie, $29, 231, 880. 

Since the 1st of December last the payments in cash on account of thepublic debt, exclusive of interest, have amounted to $7, 501, 456. 56, which, however, includes the sum of $3, 242, 400, paid under the twelfth article ofthe treaty with Mexico, and the further sum of $2, 591, 213. 45, being theamount of awards to American citizens under the late treaty with Mexico, for which the issue of stock was authorized, but which was paid in cashfrom the Treasury. 

The public debt on the 20th ultimo, exclusive of the stock authorized to beissued to Texas by the act of 9th September, 1850, was $62, 560, 395. 26. 

The receipts for the next fiscal year are estimated at $51, 800, 000, which, with the probable unappropriated balance in the Treasury on the 30th Junenext, will give as the probable available means for that year the sum of$63, 258, 743. 09. 

It has been deemed proper, in view of the large expenditures consequentupon the acquisition of territory from Mexico, that the estimates for thenext fiscal year should be laid before Congress in such manner as todistinguish the expenditures so required from the otherwise ordinarydemands upon the Treasury. 

The total expenditures for the next fiscal year are estimated at$42, 892, 299. 19, of which there is required for the ordinary purposes of theGovernment, other than those consequent upon the acquisition of our newterritories, and deducting the payments on account of the public debt, thesum of $33, 343, 198. 08, and for the purposes connected, directly orindirectly, with those territories and in the fulfillment of theobligations of the Government contracted in consequence of theiracquisition the sum of $9, 549, 101. 11. 

If the views of the Secretary of the Treasury in reference to theexpenditures required for these territories shall be met by correspondingaction on the part of Congress, and appropriations made in accordancetherewith, there will be an estimated unappropriated balance in theTreasury on the 30th June, 1853, of $20, 366, 443. 90 wherewith to meet thatportion of the public debt due on the 1st of July following, amounting to$6, 237, 931. 35, as well as any appropriations which may be made beyond theestimates. 

In thus referring to the estimated expenditures on account of our newlyacquired territories, I may express the hope that Congress will concur withme in the desire that a liberal course of policy may be pursued towardthem, and that every obligation, express or implied, entered into inconsequence of their acquisition shall be fulfilled by the most liberalappropriations for that purpose. 

The values of our domestic exports for the last fiscal year, as comparedwith those of the previous year, exhibit an increase of $43, 646, 322. Atfirst view this condition of our trade with foreign nations would seem topresent the most flattering hopes of its future prosperity. An examinationof the details of our exports, however, will show that the increased valueof our exports for the last fiscal year is to be found in the high price ofcotton which prevailed during the first half of that year, which price hassince declined about one-half. 

The value of our exports of breadstuffs and provisions, which it wassupposed the incentive of a low tariff and large importations from abroadwould have greatly augmented, has fallen from $68, 701, 921 in 1847 to$26, 051, 373 in 1850 and to $21, 948, 653 in 1851, with a strong probability, amounting almost to a certainty, of a still further reduction in thecurrent year. 

The aggregate values of rice exported during the last fiscal year, ascompared with the previous year, also exhibit a decrease, amounting to$460, 917, which, with a decline in the values of the exports of tobacco forthe same period, make an aggregate decrease in these two articles of$1, 156, 751. 

The policy which dictated a low rate of duties on foreign merchandise, itwas thought by those who promoted and established it, would tend to benefitthe farming population of this country by increasing the demand and raisingthe price of agricultural products in foreign markets. 

The foregoing facts, however, seem to show incontestably that no suchresult has followed the adoption of this policy. On the contrary, notwithstanding the repeal of the restrictive corn laws in England, theforeign demand for the products of the American farmer has steadilydeclined, since the short crops and consequent famine in a portion ofEurope have been happily replaced by full crops and comparative abundanceof food. 

It will be seen by recurring to the commercial statistics for the past yearthat the value of our domestic exports has been increased in the singleitem of raw cotton by $40, 000, 000 over the value of that export for theyear preceding. This is not due to any increased general demand for thatarticle, but to the short crop of the preceding year, which created anincreased demand and an augmented price for the crop of last year. Shouldthe cotton crop now going forward to market be only equal in quantity tothat of the year preceding and be sold at the present prices, then therewould be a falling off in the value of our exports for the present fiscalyear of at least $40, 000, 000 compared with the amount exported for the yearending 30th June, 1851. 

The production of gold in California for the past year seems to promise alarge supply of that metal from that quarter for some time to come. Thislarge annual increase of the currency of the world must be attended withits usual results. These have been already partially disclosed in theenhancement of prices and a rising spirit of speculation and adventure, tending to overtrading, as well at home as abroad. Unless some salutarycheck shall be given to these tendencies it is to be feared thatimportations of foreign goods beyond a healthy demand in this country willlead to a sudden drain of the precious metals from us, bringing with it, asit has done in former times, the most disastrous consequences to thebusiness and capital of the American people. 

The exports of specie to liquidate our foreign debt during the past fiscalyear have been $24, 963, 979 over the amount of specie imported. The exportsof specie during the first quarter of the present fiscal year have been$14, 651, 827. Should specie continue to be exported at this rate for theremaining three quarters of this year, it will drain from our metalliccurrency during the year ending 30th June, 1852, the enormous amount of$58, 607, 308. 

In the present prosperous condition of the national finances it will becomethe duty of Congress to consider the best mode of paying off the publicdebt. If the present and anticipated surplus in the Treasury should not beabsorbed by appropriations of an extraordinary character, this surplusshould be employed in such way and under such restrictions as Congress mayenact in extinguishing the outstanding debt of the nation. 

By reference to the act of Congress approved 9th September, 1850, it willbe seen that, in consideration of certain concessions by the State ofTexas, it is provided that--

The United States shall pay to the State of Texas the sum of $10, 000, 000 ina stock bearing 5 per cent interest and redeemable at the end of fourteenyears, the interest payable half-yearly at the Treasury of the UnitedStates. 

In the same section of the law it is further provided--

That no more than five millions of said stock shall be issued until thecreditors of the State holding bonds and other certificates of stock ofTexas, for which duties on imports were specially pledged, shall first fileat the Treasury of the United States releases of all claims against theUnited States for or on account of said bonds or certificates, in such formas shall be prescribed by the Secretary of the Treasury and approved by thePresident of the United States. 

The form of release thus provided for has been prescribed by the Secretaryof the Treasury and approved. It has been published in all the leadingnewspapers in the commercial cities of the United States, and all personsholding claims of the kind specified in the foregoing proviso were requiredto file their releases (in the form thus prescribed) in the Treasury of theUnited States on or before the 1st day of October, 1851. Although thispublication has been continued from the 25th day of March, 1851, yet up tothe 1st of October last comparatively few releases had been filed by thecreditors of Texas. 

The authorities of the State of Texas, at the request of the Secretary ofthe Treasury, have furnished a schedule of the public debt of that Statecreated prior to her admission into the Union, with a copy of the lawsunder which each class was contracted. I have, from the documents furnishedby the State of Texas, determined the classes of claims which in myjudgment fall within the provisions of the act of Congress of the 9th ofSeptember, 1850. 

On being officially informed of the acceptance by Texas of the propositionscontained in the act referred to I caused the stock to be prepared, and thefive millions which are to be issued unconditionally, bearing an interestof 5 per cent from the 1st day of January, 1851, have been for some timeready to be delivered to the State of Texas. The authorities of Texas up tothe present time have not authorized anyone to receive this stock, and itremains in the Treasury Department subject to the order of Texas. Thereleases required by law to be deposited in the Treasury not having beenfiled there, the remaining five millions have not been issued. This lastamount of the stock will be withheld from Texas until the conditions uponwhich it is to be delivered shall be complied with by the creditors of thatState, unless Congress shall otherwise direct by a modification of thelaw. 

In my last annual message, to which I respectfully refer, I stated brieflythe reasons which induced me to recommend a modification of the presenttariff by converting the ad valorem into a specific duty wherever thearticle imported was of such a character as to permit it, and that such adiscrimination should be made in favor of the industrial pursuits of ourown country as to encourage home production without excluding foreigncompetition. 

The numerous frauds which continue to be practiced upon the revenue byfalse invoices and undervaluations constitute an unanswerable reason foradopting specific instead of ad valorem duties in all cases where thenature of the commodity does not forbid it. A striking illustration ofthese frauds will be exhibited in the report of the Secretary of theTreasury, showing the custom-house valuation of articles imported under aformer law, subject to specific duties, when there was no inducement toundervaluation, and the custom-house valuations of the same articles underthe present system of ad valorem duties, so greatly reduced as to leave nodoubt of the existence of the most flagrant abuses under the existing laws. This practical evasion of the present law, combined with the languishingcondition of some of the great interests of the country, caused by overimportations and consequent depressed prices, and with the failure inobtaining a foreign market for our increasing surplus of breadstuffs andprovisions, has induced me again to recommend a modification of theexisting tariff. The report of the Secretary of the Interior, whichaccompanies this communication, will present a condensed statement of theoperations of that important Department of the Government. 

It will be seen that the cash sales of the public lands exceed those of thepreceding year, and that there is reason to anticipate a still furtherincrease, notwithstanding the large donations which have been made to manyof the States and the liberal grants to individuals as a reward formilitary services. This fact furnishes very gratifying evidence of thegrowing wealth and prosperity of our country. 

Suitable measures have been adopted for commencing the survey of the publiclands in California and Oregon. Surveying parties have been organized andsome progress has been made in establishing the principal base and meridianlines. But further legislation and additional appropriations will benecessary before the proper subdivisions can be made and the general landsystem extended over those remote parts of our territory. 

On the 3d of March last an act was passed providing for the appointment ofthree commissioners to settle private land claims in California. Threepersons were immediately appointed, all of whom, however, declinedaccepting the office in consequence of the inadequacy of the compensation. Others were promptly selected, who for the same reason also declined, andit was not until late in the season that the services of suitable personscould be secured. A majority of the commissioners convened in this city onthe 10th of September last, when detailed instructions were given to themin regard to their duties. Their first meeting for the transaction ofbusiness will be held in San Francisco on the 8th day of the presentmonth. 

I have thought it proper to refer to these facts, not only to explain thecauses of the delay in filling the commission, but to call your attentionto the propriety of increasing the compensation of the commissioners. Theoffice is one of great labor and responsibility, and the compensationshould be such as to command men of a high order of talents and the mostunquestionable integrity. 

The proper disposal of the mineral lands of California is a subjectsurrounded by great difficulties. In my last annual message I recommendedthe survey and sale of them in small parcels under such restrictions aswould effectually guard against monopoly and speculation; but upon furtherinformation, and in deference to the opinions of persons familiar with thesubject, I am inclined to change that recommendation and to advise thatthey be permitted to remain as at present, a common field, open to theenterprise and industry of all our citizens, until further experience shallhave developed the best policy to be ultimately adopted in regard to them. It is safer to suffer the inconveniences that now exist for a short periodthan by premature legislation to fasten on the country a system founded inerror, which may place the whole subject beyond the future control ofCongress. 

The agricultural lands should, however, be surveyed and brought into marketwith as little delay as possible, that the titles may become settled andthe inhabitants stimulated to make permanent improvements and enter on theordinary pursuits of life. To effect these objects it is desirable that thenecessary provision be made by law for the establishment of land offices inCalifornia and Oregon and for the efficient prosecution of the surveys atan early day. 

Some difficulties have occurred in organizing the Territorial governmentsof New Mexico and Utah, and when more accurate information shall beobtained of the causes a further communication will be made on thatsubject. 

In my last annual communication to Congress I recommended the establishmentof an agricultural bureau, and I take this occasion again to invoke yourfavorable consideration of the subject. 

Agriculture may justly be regarded as the great interest of our people. Four-fifths of our active population are employed in the cultivation of thesoil, and the rapid expansion of our settlements over new territory isdaily adding to the number of those engaged in that vocation. Justice andsound policy, therefore, alike require that the Government should use allthe means authorized by the Constitution to promote the interests andwelfare of that important class of our fellow-citizens. And yet it is asingular fact that whilst the manufacturing and commercial interests haveengaged the attention of Congress during a large portion of every sessionand our statutes abound in provisions for their protection andencouragement, little has yet been done directly for the advancement ofagriculture. It is time that this reproach to our legislation should beremoved, and I sincerely hope that the present Congress will not closetheir labors without adopting efficient means to supply the omissions ofthose who have preceded them. 

An agricultural bureau, charged with the duty of collecting anddisseminating correct information as to the best modes of cultivation andof the most effectual means of preserving and restoring the fertility ofthe soil and of procuring and distributing seeds and plants and othervegetable productions, with instructions in regard to the soil, climate, and treatment best adapted to their growth, could not fail to be, in thelanguage of Washington in his last annual message to Congress, a "verycheap instrument of immense national benefit. "

Regarding the act of Congress approved 28th September, 1850, grantingbounty lands to persons who had been engaged in the military service of thecountry, as a great measure of national justice and munificence, an anxiousdesire has been felt by the officers intrusted with its immediate executionto give prompt effect to its provisions. All the means within their controlwere therefore brought into requisition to expedite the adjudication ofclaims, and I am gratified to be able to state that near 100, 000applications have been considered and about 70, 000 warrants issued withinthe short space of nine months. If adequate provision be made by law tocarry into effect the recommendations of the Department, it is confidentlyexpected that before the close of the next fiscal year all who are entitledto the benefits of the act will have received their warrants. 

The Secretary of the Interior has suggested in his report variousamendments of the laws relating to pensions and bounty lands for thepurpose of more effectually guarding against abuses and frauds on theGovernment, to all of which I invite your particular attention. The largeaccessions to our Indian population consequent upon the acquisition of NewMexico and California and the extension of our settlements into Utah andOregon have given increased interest and importance to our relations withthe aboriginal race. No material change has taken place within the lastyear in the condition and prospects of the Indian tribes who reside in theNorthwestern Territory and west of the Mississippi River. We are at peacewith all of them, and it will be a source of pleasure to you to learn thatthey are gradually advancing in civilization and the pursuits of sociallife. 

Along the Mexican frontier and in California and Oregon there have beenoccasional manifestations of unfriendly feeling and some depredationscommitted. I am satisfied, however, that they resulted more from thedestitute and starving condition of the Indians than from any settledhostility toward the whites. As the settlements of our citizens progresstoward them, the game, upon which they mainly rely for subsistence, isdriven off or destroyed, and the only alternative left to them isstarvation or plunder. It becomes us to consider, in view of this conditionof things, whether justice and humanity, as well as an enlightened economy, do not require that instead of seeking to punish them for offenses whichare the result of our own policy toward them we should not provide fortheir immediate wants and encourage them to engage in agriculture and torely on their labor instead of the chase for the means of support. 

Various important treaties have been negotiated with different tribesduring the year, by which their title to large and valuable tracts ofcountry has been extinguished, all of which will at the proper time besubmitted to the Senate for ratification. 

The joint commission under the treaty of Guadalupe Hidalgo has beenactively engaged in running and marking the boundary line between theUnited States and Mexico. It was stated in the last annual report of theSecretary of the Interior that the initial point on the Pacific and thepoint of junction of the Gila with the Colorado River had been determinedand the intervening line, about 150 miles in length, run and marked bytemporary monuments. Since that time a monument of marble has been erectedat the initial point, and permanent landmarks of iron have been placed atsuitable distances along the line. 

The initial point on the Rio Grande has also been fixed by thecommissioners, at latitude 32 degrees 22', and at the date of the lastcommunication the survey of the line had been made thence westward about150 miles to the neighborhood of the copper mines. The commission on ourpart was at first organized on a scale which experience proved to beunwieldy and attended with unnecessary expense. Orders have therefore beenissued for the reduction of the number of persons employed within thesmallest limits consistent with the safety of those engaged in the serviceand the prompt and efficient execution of their important duties. 

Returns have been received from all the officers engaged in taking thecensus in the States and Territories except California. The superintendentemployed to make the enumeration in that State has not yet made his fullreport, from causes, as he alleges, beyond his control. This failure ismuch to be regretted, as it has prevented the Secretary of the Interiorfrom making the decennial apportionment of Representatives among theStates, as required by the act approved May 23, 1850. It is hoped, however, that the returns will soon be received, and no time will then be lost inmaking the necessary apportionment and in transmitting the certificatesrequired by law. 

The Superintendent of the Seventh Census is diligently employed, under thedirection of the Secretary of the Interior, in classifying and arranging intabular form all the statistical information derived from the returns ofthe marshals, and it is believed that when the work shall be completed itwill exhibit a more perfect view of the population, wealth, occupations, and social condition of a great country than has ever been presented to theworld. The value of such a work as the basis of enlightened legislation canhardly be overestimated, and I earnestly hope that Congress will lose notime in making the appropriations necessary to complete the classificationsand to publish the results in a style worthy of the subject and of ournational character. 

The want of a uniform fee bill, prescribing the compensation to be alloweddistrict attorneys, clerks, marshals, and commissioners in civil andcriminal cases, is the cause of much vexation, injustice, and complaint. Iwould recommend a thorough revision of the laws on the whole subject andthe adoption of a tariff of fees which, as far as practicable, should beuniform, and prescribe a specific compensation for every service which theofficer may be required to perform. This subject will be fully presented inthe report of the Secretary of the Interior. In my last annual message Igave briefly my reasons for believing that you possessed the constitutionalpower to improve the harbors of our Great Lakes and seacoast and thenavigation of our principal rivers, and recommended that appropriationsshould be made for completing such works as had already been commenced andfor commencing such others as might seem to the wisdom of Congress to be ofpublic and general importance. Without repeating the reasons then urged, Ideem it my duty again to call your attention to this important subject. Theworks on many of the harbors were left in an unfinished state, andconsequently exposed to the action of the elements, which is fastdestroying them. Great numbers of lives and vast amounts of property areannually lost for want of safe and convenient harbors on the Lakes. Nonebut those who have been exposed to that dangerous navigation can fullyappreciate the importance of this subject. The whole Northwest appeals toyou for relief, and I trust their appeal will receive due consideration atyour hands. 

The same is in a measure true in regard to some of the harbors and inletson the seacoast. 

The unobstructed navigation of our large rivers is of equal importance. Oursettlements are now extending to the sources of the great rivers whichempty into and form a part of the Mississippi, and the value of the publiclands in those regions would be greatly enhanced by freeing the navigationof those waters from obstructions. In view, therefore, of this greatinterest, I deem it my duty again to urge upon Congress to make suchappropriations for these improvements as they may deem necessary. 

The surveys of the Delta of the Mississippi, with a view to the preventionof the overflows that have proved so disastrous to that region of country, have been nearly completed, and the reports thereof are now in course ofpreparation and will shortly be laid before you. 

The protection of our southwestern frontier and of the adjacent MexicanStates against the Indian tribes within our border has claimed my earnestand constant attention. Congress having failed at the last session to adoptmy recommendation that an additional regiment of mounted men speciallyadapted to that service should be raised, all that remained to be done wasto make the best use of the means at my disposal. Accordingly, all thetroops adapted to that service that could properly be spared from otherquarters have been concentrated on that frontier and officers of highreputation selected to command them. A new arrangement of the militaryposts has also been made, whereby the troops are brought nearer to theMexican frontier and to the tribes they are intended to overawe. 

Sufficient time has not yet elapsed to realize all the benefits that areexpected to result from these arrangements, but I have every reason to hopethat they will effectually check their marauding expeditions. The nature ofthe country, which furnishes little for the support of an army and aboundsin places of refuge and concealment, is remarkably well adapted to thispredatory warfare, and we can scarcely hope that any military force, combined with the greatest vigilance, can entirely suppress it. 

By the treaty of Guadalupe Hidalgo we are bound to protect the territory ofMexico against the incursions of the savage tribes within our border "withequal diligence and energy" as if the same were made within our territoryor against our citizens. I have endeavored to comply as far as possiblewith this provision of the treaty. Orders have been given to the officerscommanding on that frontier to consider the Mexican territory and itsinhabitants as equally with our own entitled to their protection, and tomake all their plans and arrangements with a view to the attainment of thisobject. Instructions have also been given to the Indian commissioners andagents among these tribes in all treaties to make the clauses designed forthe protection of our own citizens apply also to those of Mexico. I have noreason to doubt that these instructions have been fully carried intoeffect; nevertheless, it is probable that in spite of all our efforts someof the neighboring States of Mexico may have suffered, as our own have, from depredations by the Indians. 

To the difficulties of defending our own territory, as above mentioned, aresuperadded, in defending that of Mexico, those that arise from itsremoteness, from the fact that we have no right to station our troopswithin her limits and that there is no efficient military force on theMexican side to cooperate with our own. 

So long as this shall continue to be the case the number and activity ofour troops will rather increase than diminish the evil, as the Indians willnaturally turn toward that country where they encounter the leastresistance. Yet these troops are necessary to subdue them and to compelthem to make and observe treaties. Until this shall have been done neithercountry will enjoy any security from their attacks. 

The Indians in California, who had previously appeared of a peaceablecharacter and disposed to cultivate the friendship of the whites, haverecently committed several acts of hostility. As a large portion of thereenforcements sent to the Mexican frontier were drawn from the Pacific, the military force now stationed there is considered entirely inadequate toits defense. It can not be increased, however, without an increase of theArmy, and I again recommend that measure as indispensable to the protectionof the frontier. 

I invite your attention to the suggestions on this subject and on othersconnected with his Department in the report of the Secretary of War. Theappropriations for the support of the Army during the current fiscal yearending 30th June next were reduced far below the estimate submitted by theDepartment. The consequence of this reduction is a considerable deficiency, to which I invite your early attention. The expenditures of that Departmentfor the year ending 30th June last were $9, 060, 268. 58, The estimates forthe year commencing 1st July next and ending June 30, 1853, are$7, 898, 775. 83, showing a reductions of $1, 161, 492. 75, The board ofcommissioners to whom the management of the affairs of the military asylumcreated by the act of 3d March last was intrusted have selected a site forthe establishment of an asylum in the vicinity of this city, which has beenapproved by me subject to the production of a satisfactory title. 

The report of the Secretary of the Navy will exhibit the condition of thepublic service under the supervision of that Department. Our naval forceafloat during the present year has been actively and usefully employed ingiving protection to our widely extended and increasing commerce andinterests in the various quarters of the globe, and our flag has everywhereafforded the security and received the respect inspired by the justice andliberality of our intercourse and the dignity and power of the nation. 

The expedition commanded by Lieutenant De Haven, dispatched in search ofthe British commander Sir John Franklin and his companions in the ArcticSeas, returned to New York in the month of October, after having undergonegreat peril and suffering from an unknown and dangerous navigation and therigors of a northern climate, without any satisfactory information of theobjects of their search, but with new contributions to science andnavigation from the unfrequented polar regions. The officers and men of theexpedition having been all volunteers for this service and having soconducted it as to meet the entire approbation of the Government, it issuggested, as an act of grace and generosity, that the same allowance ofextra pay and emoluments be extended to them that were made to the officersand men of like rating in the late exploring expedition to the South Seas. 

I earnestly recommend to your attention the necessity of reorganizing thenaval establishment, apportioning and fixing the number of officers in eachgrade, providing some mode of promotion to the higher grades of the Navyhaving reference to merit and capacity rather than seniority or date ofentry into the service, and for retiring from the effective list uponreduced pay those who may be incompetent to the performance of active duty. As a measure of economy, as well as of efficiency, in this arm of theservice, the provision last mentioned is eminently worthy of yourconsideration. 

The determination of the questions of relative rank between the seaofficers and civil officers of the Navy, and between officers of the Armyand Navy, in the various grades of each, will also merit your attention. The failure to provide any substitute when corporal punishment wasabolished for offenses in the Navy has occasioned the convening of numerouscourts-martial upon the arrival of vessels in port, and is believed to havehad an injurious effect upon the discipline and efficiency of the service. To moderate punishment from one grade to another is among the humanereforms of the age, but to abolish one of severity, which applied sogenerally to offenses on shipboard, and provide nothing in its stead is tosuppose a progress of improvement in every individual among seamen which isnot assumed by the Legislature in respect to any other class of men. It ishoped that Congress, in the ample opportunity afforded by the presentsession, will thoroughly investigate this important subject, and establishsuch modes of determining guilt and such gradations of punishment as areconsistent with humanity and the personal rights of individuals, and at thesame time shall insure the most energetic and efficient performance of dutyand the suppression of crime in our ships of war. 

The stone dock in the navy-yard at New York, which was ten years in processof construction, has been so far finished as to be surrendered up to theauthorities of the yard. The dry dock at Philadelphia is reported ascompleted, and is expected soon to be tested and delivered over to theagents of the Government. That at Portsmouth, N. H. , is also nearly readyfor delivery; and a contract has been concluded, agreeably to the act ofCongress at its last session, for a floating sectional dock on the Bay ofSan Francisco. I invite your attention to the recommendation of theDepartment touching the establishment of a navy-yard in conjunction withthis dock on the Pacific. Such a station is highly necessary to theconvenience and effectiveness of our fleet in that ocean, which must beexpected to increase with the growth of commerce and the rapid extension ofour whale fisheries over its waters. 

The Naval Academy at Annapolis, under a revised and improved system ofregulations, now affords opportunities of education and instruction to thepupils quite equal, it is believed, for professional improvement, to thoseenjoyed by the cadets in the Military Academy. A large class of actingmidshipmen was received at the commencement of the last academic term, anda practice ship has been attached to the institution to afford the amplestmeans for regular instruction in seamanship, as well as for cruises duringthe vacations of three or four months in each year. 

The advantages of science in nautical affairs have rarely been morestrikingly illustrated than in the fact, stated in the report of the NavyDepartment, that by means of the wind and current charts projected andprepared by Lieutenant Maury, the Superintendent of the Naval Observatory, the passage from the Atlantic to the Pacific ports of our country has beenshortened by about forty days. 

The estimates for the support of the Navy and Marine Corps the ensuingfiscal year will be found to be $5, 856, 472. 19, the estimates for thecurrent year being $5, 900, 621. 

The estimates for special objects under the control of this Departmentamount to $2, 684, 220. 89, against $2, 210, 980 for the present year, theincrease being occasioned by the additional mail service on the PacificCoast and the construction of the dock in California, authorized at thelast session of Congress, and some slight additions under the head ofimprovements and repairs in navy-yards, buildings, and machinery. I deem itof much importance to a just economy and a correct understanding of navalexpenditures that there should be an entire separation of theappropriations for the support of the naval service proper from those forpermanent improvements at navy-yards and stations and from ocean steam mailservice and other special objects assigned to the supervision of thisDepartment. 

The report of the Postmaster-General, herewith communicated, presents aninteresting view of the progress, operations, and condition of hisDepartment. 

At the close of the last fiscal year the length of mail routes within theUnited States was 196, 290 miles, the annual transportation thereon53, 272, 252 miles, and the annual cost of such transportation $3, 421, 754. 

The length of the foreign mail routes is estimated at 18, 349 miles and theannual transportation thereon at 615, 206 miles. The annual cost of thisservice is $1, 472, 187, of which $448, 937 are paid by the Post-OfficeDepartment and $1, 023, 250 are paid through the Navy Department. 

The annual transportation within the United States, excluding the servicein California and Oregon, which is now for the first time reported andembraced in the tabular statements of the Department, exceeds that of thepreceding year 6, 162, 855 miles, at an increased cost of $547, 110. 

The whole number of post-offices in the United States on the 30th day ofJune last was 19, 796. There were 1, 698 post-offices established and 256discontinued during the year. 

The gross revenues of the Department for the fiscal year, including theappropriations for the franked matter of Congress, of the Departments, andofficers of Government, and excluding the foreign postages collected forand payable to the British post-office, amounted to $6, 727, 866. 78. 

The expenditures for the same period, excluding $20, 599. 49, paid under anaward of the Auditor, in pursuance of a resolution of the last Congress, for mail service on the Ohio and Mississippi rivers in 1832 and 1833, andthe amount paid to the British post-office for foreign postages collectedfor and payable to that office, amounted to $6, 024, 566. 79, leaving abalance of revenue over the proper expenditures of the year of$703, 299. 99. 

The receipts for postages during the year, excluding the foreign postagescollected for and payable to the British post-office, amounted to$6, 345, 747. 21, being an increase of $997, 610. 79, or 18. 65 per cent, overthe like receipts for the preceding year. 

The reduction of postage under the act of March last did not take effectuntil the commencement of the present fiscal year. The accounts for thefirst quarter under the operation of the reduced rates will not be settledbefore January next, and no reliable estimate of the receipts for thepresent year can yet be made. It is believed, however, that they will fallfar short of those of the last year. The surplus of the revenues now onhand is, however, so large that no further appropriation from the Treasuryin aid of the revenues of the Department is required for the current fiscalyear, but an additional appropriation for the year ending June 30, 1853, will probably be found necessary when the receipts of the first twoquarters of the fiscal year are fully ascertained. 

In his last annual report the Postmaster-General recommended a reduction ofpostage to rates which he deemed as low as could be prudently adoptedunless Congress was prepared to appropriate from the Treasury for thesupport of the Department a sum more than equivalent to the mail servicesperformed by it for the Government. The recommendations of thePostmaster-General in respect to letter postage, except on letters from andto California and Oregon, were substantially adopted by the last Congress. He now recommends adherence to the present letter rates and advises againsta further reduction until justified by the revenue of the Department. 

He also recommends that the rates of postage on printed matter be sorevised as to render them more simple and more uniform in their operationupon all classes of printed matter. I submit the recommendations of thereport to your favorable consideration. 

The public statutes of the United States have now been accumulating formore than sixty years, and, interspersed with private acts, are scatteredthrough numerous volumes, and, from the cost of the whole, have becomealmost inaccessible to the great mass of the community. They also exhibitmuch of the incongruity and imperfection of hasty legislation. As it seemsto be generally conceded that there is no "common law" of the United Statesto supply the defects of their legislation, it is most important that thatlegislation should be as perfect as possible, defining every power intendedto be conferred, every crime intended to be made punishable, andprescribing the punishment to be inflicted. In addition to some particularcases spoken of more at length, the whole criminal code is now lamentablydefective. Some offenses are imperfectly described and others are entirelyomitted, so that flagrant crimes may be committed with impunity. The scaleof punishment is not in all cases graduated according to the degree andnature of the offense, and is often rendered more unequal by the differentmodes of imprisonment or penitentiary confinement in the different States. 

Many laws of a permanent character have been introduced into appropriationbills, and it is often difficult to determine whether the particular clauseexpires with the temporary act of which it is a part or continues in force. It has also frequently happened that enactments and provisions of law havebeen introduced into bills with the title or general subject of which theyhave little or no connection or relation. In this mode of legislation somany enactments have been heaped upon each other, and often with but littleconsideration, that in many instances it is difficult to search out anddetermine what is the law. 

The Government of the United States is emphatically a government of writtenlaws. The statutes should therefore, as far as practicable, not only bemade accessible to all, but be expressed in language so plain and simple asto be understood by all and arranged in such method as to give perspicuityto every subject. Many of the States have revised their public acts withgreat and manifest benefit, and I recommend that provision be made by lawfor the appointment of a commission to revise the public statutes of theUnited States, arranging them in order, supplying deficiencies, correctingincongruities, simplifying their language, and reporting them to Congressfor its action. 

An act of Congress approved 30th September, 1850, contained a provision forthe extension of the Capitol according to such plan as might be approved bythe President, and appropriated $100, 000 to be expended under his directionby such architect as he should appoint to execute the same. On examiningthe various plans which had been submitted by different architects inpursuance of an advertisement by a committee of the Senate no one was foundto be entirely satisfactory, and it was therefore deemed advisable tocombine and adopt the advantages of several. 

The great object to be accomplished was to make such an addition as wouldafford ample and convenient halls for the deliberations of the two Housesof Congress, with sufficient accommodations for spectators and suitableapartments for the committees and officers of the two branches of theLegislature. It was also desirable not to mar the harmony and beauty of thepresent structure, which, as a specimen of architecture, is so universallyadmired. Keeping these objects in view, I concluded to make the addition bywings, detached from the present building, yet connected with it bycorridors. This mode of enlargement will leave the present Capitoluninjured and afford great advantages for ventilation and the admission oflight, and will enable the work to progress without interrupting thedeliberations of Congress. To carry this plan into effect I have appointedan experienced and competent architect. The corner stone was laid on the4th day of July last with suitable ceremonies, since which time the workhas advanced with commendable rapidity, and the foundations of both wingsare now nearly complete. 

I again commend to your favorable regard the interests of the District ofColumbia, and deem it only necessary to remind you that although itsinhabitants have no voice in the choice of Representatives in Congress, they are not the less entitled to a just and liberal consideration in yourlegislation. My opinions on this subject were more fully expressed in mylast annual communication. 

Other subjects were brought to the attention of Congress in my last annualmessage, to which I would respectfully refer. But there was one of morethan ordinary interest, to which I again invite your special attention. Iallude to the recommendation for the appointment of a commission to settleprivate claims against the United States. Justice to individuals, as wellas to the Government, imperatively demands that some more convenient andexpeditious mode than an appeal to Congress should be adopted. 

It is deeply to be regretted that in several instances officers of theGovernment, in attempting to execute the law for the return of fugitivesfrom labor, have been openly resisted and their efforts frustrated anddefeated by lawless and violent mobs; that in one case such resistanceresulted in the death of an estimable citizen, and in others serious injuryensued to those officers and to individuals who were using their endeavorsto sustain the laws. Prosecutions have been instituted against the allegedoffenders so far as they could be identified, and are still pending. I haveregarded it as my duty in these cases to give all aid legally in my powerto the enforcement of the laws, and I shall continue to do so wherever andwhenever their execution may be resisted. 

The act of Congress for the return of fugitives from labor is one requiredand demanded by the express words of the Constitution. The Constitutiondeclares that--No person held to service or labor in one State, under thelaws thereof, escaping into another, shall, in consequence of any law orregulation therein, be discharged from such service or labor, but shall bedelivered up on claim of the party to whom such service or labor may bedue. This constitutional provision is equally obligatory upon thelegislative, the executive, and judicial departments of the Government, andupon every citizen of the United States. 

Congress, however, must from necessity first act upon the subject byprescribing the proceedings necessary to ascertain that the person is afugitive and the means to be used for his restoration to the claimant. Thiswas done by an act passed during the first term of President Washington, which was amended by that enacted by the last Congress, and it now remainsfor the executive and judicial departments to take care that these laws befaithfully executed. This injunction of the Constitution is as peremptoryand as binding as any other; it stands exactly on the same foundation asthat clause which provides for the return of fugitives from justice, orthat which declares that no bill of attainder or ex post facto law shall bepassed, or that which provides for an equality of taxation according to thecensus, or the clause declaring that all duties shall be uniform throughoutthe United States, or the important provision that the trial of all crimesshall be by jury. These several articles and clauses of the Constitution, all resting on the same authority, must stand or fall together. Someobjections have been urged against the details of the act for the return offugitives from labor, but it is worthy of remark that the main oppositionis aimed against the Constitution itself, and proceeds from persons andclasses of persons many of whom declare their wish to see that Constitutionoverturned. They avow their hostility to any law which shall give full andpractical effect to this requirement of the Constitution. Fortunately, thenumber of these persons is comparatively small, and is believed to be dailydiminishing; but the issue which they present is one which involves thesupremacy and even the existence of the Constitution. 

Cases have heretofore arisen in which individuals have denied the bindingauthority of acts of Congress, and even States have proposed to nullifysuch acts upon the ground that the Constitution was the supreme law of theland, and that those acts of Congress were repugnant to that instrument;but nullification is now aimed not so much against particular laws as beinginconsistent with the Constitution as against the Constitution itself, andit is not to be disguised that a spirit exists, and has been actively atwork, to rend asunder this Union, which is our cherished inheritance fromour Revolutionary fathers. 

In my last annual message I stated that I considered the series of measureswhich had been adopted at the previous session in reference to theagitation growing out of the Territorial and slavery questions as a finalsettlement in principle and substance of the dangerous and excitingsubjects which they embraced, and I recommended adherence to the adjustmentestablished by those measures until time and experience should demonstratethe necessity of further legislation to guard against evasion or abuse. Iwas not induced to make this recommendation because I thought thosemeasures perfect, for no human legislation can be perfect. Wide differencesand jarring opinions can only be reconciled by yielding something on allsides, and this result had been reached after an angry conflict of manymonths, in which one part of the country was arrayed against another, andviolent convulsion seemed to be imminent. Looking at the interests of thewhole country, I felt it to be my duty to seize upon this compromise as thebest that could be obtained amid conflicting interests and to insist uponit as a final settlement, to be adhered to by all who value the peace andwelfare of the country. A year has now elapsed since that recommendationwas made. To that recommendation I still adhere, and I congratulate you andthe country upon the general acquiescence in these measures of peace whichhas been exhibited in all parts of the Republic. And not only is there thisgeneral acquiescence in these measures, but the spirit of conciliationwhich has been manifested in regard to them in all parts of the country hasremoved doubts and uncertainties in the minds of thousands of good menconcerning the durability of our popular institutions and given renewedassurance that our liberty and our Union may subsist together for thebenefit of this and all succeeding generations. 

***

State of the Union AddressMillard FillmoreDecember 6, 1852

Fellow-Citizens of the Senate and of the House of Representatives:

The brief space which has elapsed since the close of your last session hasbeen marked by no extraordinary political event. The quadrennial electionof Chief Magistrate has passed off with less than the usual excitement. However individuals and parties may have been disappointed in the result, it is, nevertheless, a subject of national congratulation that the choicehas been effected by the independent suffrages of a free people, undisturbed by those influences which in other countries have too oftenaffected the purity of popular elections. 

Our grateful thanks are due to an all-merciful Providence, not only forstaying the pestilence which in different forms has desolated some of ourcities, but for crowning the labors of the husbandman with an abundantharvest and the nation generally with the blessings of peace andprosperity. 

Within a few weeks the public mind has been deeply affected by the death ofDaniel Webster, filling at his decease the office of Secretary of State. His associates in the executive government have sincerely sympathized withhis family and the public generally on this mournful occasion. Hiscommanding talents, his great political and professional eminence, hiswell-tried patriotism, and his long and faithful services in the mostimportant public trusts have caused his death to be lamented throughout thecountry and have earned for him a lasting place in our history. In thecourse of the last summer considerable anxiety was caused for a short timeby an official intimation from the Government of Great Britain that ordershad been given for the protection of the fisheries upon the coasts of theBritish provinces in North America against the alleged encroachments of thefishing vessels of the United States and France. The shortness of thisnotice and the season of the year seemed to make it a matter of urgentimportance. It was at first apprehended that an increased naval force hadbeen ordered to the fishing grounds to carry into effect the Britishinterpretation of those provisions in the convention of 1818 in referenceto the true intent of which the two Governments differ. It was soondiscovered that such was not the design of Great Britain, and satisfactoryexplanations of the real objects of the measure have been given both hereand in London. 

The unadjusted difference, however, between the two Governments as to theinterpretation of the first article of the convention of 1818 is still amatter of importance. American fishing vessels, within nine or ten years, have been excluded from waters to which they had free access fortwenty-five years after the negotiation of the treaty. In 1845 thisexclusion was relaxed so far as concerns the Bay of Fundy, but the just andliberal intention of the home Government, in compliance with what we thinkthe true construction of the convention, to open all the other outer baysto our fishermen was abandoned in consequence of the opposition of thecolonies. Notwithstanding this, the United States have, since the Bay ofFundy was reopened to our fishermen in 1845, pursued the most liberalcourse toward the colonial fishing interests. By the revenue law of 1846the duties on colonial fish entering our ports were very greatly reduced, and by the warehousing act it is allowed to be entered in bond withoutpayment of duty. In this way colonial fish has acquired the monopoly of theexport trade in our market and is entering to some extent into the homeconsumption. These facts were among those which increased the sensibilityof our fishing interest at the movement in question. These circumstancesand the incidents above alluded to have led me to think the momentfavorable for a reconsideration of the entire subject of the fisheries onthe coasts of the British Provinces, with a view to place them upon a moreliberal footing of reciprocal privilege. A willingness to meet us in somearrangement of this kind is understood to exist on the part of GreatBritain, with a desire on her part to include in one comprehensivesettlement as well this subject as the commercial intercourse between theUnited States and the British Provinces. I have thought that, whateverarrangements may be made on these two subjects, it is expedient that theyshould be embraced in separate conventions. The illness and death of thelate Secretary of State prevented the commencement of the contemplatednegotiation. Pains have been taken to collect the information required forthe details of such an arrangement. The subject is attended withconsiderable difficulty. If it is found practicable to come to an agreementmutually acceptable to the two parties, conventions may be concluded in thecourse of the present winter. The control of Congress over all theprovisions of such an arrangement affecting the revenue will of course bereserved. 

The affairs of Cuba formed a prominent topic in my last annual message. They remain in an uneasy condition, and a feeling of alarm and irritationon the part of the Cuban authorities appears to exist. This feeling hasinterfered with the regular commercial intercourse between the UnitedStates and the island and led to some acts of which we have a fight tocomplain. But the Captain-General of Cuba is clothed with no power to treatwith foreign governments, nor is he in any degree under the control of theSpanish minister at Washington. Any communication which he may hold with anagent of a foreign power is informal and matter of courtesy. Anxious to putan end to the existing inconveniences (which seemed to rest on amisconception), I directed the newly appointed minister to Mexico to visitHavana on his way to Vera Cruz. He was respectfully received by theCaptain-General, who conferred with him freely on the recent occurrences, but no permanent arrangement was effected. 

In the meantime the refusal of the Captain-Generalto allow passengers andthe mail to be landed in certain cases, for a reason which does notfurnish, in the opinion of this Government, even a good presumptive groundfor such prohibition, has been made the subject of a serious remonstranceat Madrid, and I have no reason to doubt that due respect will be paid bythe Government of Her Catholic Majesty to the representations which ourminister has been instructed to make on the subject. 

It is but justice to the Captain-General to add that his conduct toward thesteamers employed to carry the mails of the United States to Havana has, with the exceptions above alluded to, been marked with kindness andliberality, and indicates no general purpose of interfering with thecommercial correspondence and intercourse between the island and thiscountry. 

Early in the present year official notes were received from the ministersof France and England inviting the Government of the United States tobecome a party with Great Britain and France to a tripartite convention, invirtue of which the three powers should severally and collectively disclaimnow and for the future all intention to obtain possession of the island ofCuba, and should bind themselves to discountenance all attempts to thateffect on the part of any power or individual whatever. This invitation hasbeen respectfully declined, for reasons which it would occupy too muchspace in this communication to state in detail, but which led me to thinkthat the proposed measure would be of doubtful constitutionality, impolitic, and unavailing. I have, however, in common with several of mypredecessors, directed the ministers of France and England to be assuredthat the United States entertain no designs against Cuba, but that, on thecontrary, I should regard its incorporation into the Union at the presenttime as fraught with serious peril. 

Were this island comparatively destitute of inhabitants or occupied by akindred race, I should regard it, if voluntarily ceded by Spain, as a mostdesirable acquisition. But under existing circumstances I should look uponits incorporation into our Union as a very hazardous measure. It wouldbring into the Confederacy a population of a different national stock, speaking a different language, and not likely to harmonize with the othermembers. It would probably affect in a prejudicial manner the industrialinterests of the South, and it might revive those conflicts of opinionbetween the different sections of the country which lately shook the Unionto its center, and which have been so happily compromised. 

The rejection by the Mexican Congress of the convention which had beenconcluded between that Republic and the United States for the protection ofa transit way across the Isthmus of Tehuantepec and of the interests ofthose citizens of the United States who had become proprietors of therights which Mexico had conferred on one of her own citizens in regard tothat transit has thrown a serious obstacle in the way of the attainment ofa very desirable national object. I am still willing to hope that thedifferences on the subject which exist, or may hereafter arise, between theGovernments will be amicably adjusted. This subject, however, has alreadyengaged the attention of the Senate of the United States, and requires nofurther comment in this communication. 

The settlement of the question respecting the port of San Juan de Nicaraguaand of the controversy between the Republics of Costa Rica and Nicaragua inregard to their boundaries was considered indispensable to the commencementof the ship canal between the two oceans, which was the subject of theconvention between the United States and Great Britain of the 19th ofApril, 1850. Accordingly, a proposition for the same purposes, addressed tothe two Governments in that quarter and to the Mosquito Indians, was agreedto in April last by the Secretary of State and the minister of HerBritannic Majesty. Besides the wish to aid in reconciling the differencesof the two Republics, I engaged in the negotiation from a desire to placethe great work of a ship canal between the two oceans under onejurisdiction and to establish the important port of San Juan de Nicaraguaunder the government of a civilized power. The proposition in question wasassented to by Costs Rica and the Mosquito Indians. It has not provedequally acceptable to Nicaragua, but it is to be hoped that the furthernegotiations on the subject which are in train will be carried on in thatspirit of conciliation and compromise which ought always to prevail on suchoccasions, and that they will lead to a satisfactory result. 

I have the satisfaction to inform you that the executive government ofVenezuela has acknowledged some claims of citizens of the United Stateswhich have for many years past been urged by our charge d'affaires atCaracas. It is hoped that the same sense of justice will actuate theCongress of that Republic in providing the means for their payment. 

The recent revolution in Buenos Ayres and the Confederated States havingopened the prospect of an improved state of things in that quarter, theGovernments of Great Britain and France determined to negotiate with thechief of the new confederacy for the free access of their commerce to theextensive countries watered by the tributaries of the La Plata; and theygave a friendly notice of this purpose to the United States, that we might, if we thought proper, pursue the same course. In compliance with thisinvitation, our minister at Rio Janeiro and our charge d'affaires atBuenos Ayres have been fully authorized to conclude treaties with the newlyorganized confederation or the States composing it. The delays which havetaken place in the formation of the new government have as yet preventedthe execution of those instructions, but there is every reason to hope thatthese vast countries will be eventually opened to our commerce. 

A treaty of commerce has been concluded between the United States and theOriental Republic of Uruguay, which will be laid before the Senate. Shouldthis convention go into operation, it will open to the commercialenterprise of our citizens a country of great extent and unsurpassed innatural resources, but from which foreign nations have hitherto been almostwholly excluded. 

The correspondence of the late Secretary of State with the Peruvian charged'affaires relative to the Lobos Islands was communicated to Congresstoward the close of the last session. Since that time, on furtherinvestigation of the subject, the doubts which had been entertained of thetitle of Peru to those islands have been removed, and I have deemed it justthat the temporary wrong which had been unintentionally done her from wantof information should be repaired by an unreserved acknowledgment of hersovereignty. 

I have the satisfaction to inform you that the course pursued by Peru hasbeen creditable to the liberality of her Government. Before it was known byher that her title would be acknowledged at Washington, her minister offoreign affairs had authorized our charge d'affaires at Lima to announceto the American vessels which had gone to the Lobos for guano that thePeruvian Government was willing to freight them on its own account. Thisintention has been carried into effect by the Peruvian minister here by anarrangement which is believed to be advantageous to the parties ininterest. 

Our settlements on the shores of the Pacific have already given a greatextension, and in some respects a new direction, to our commerce in thatocean. A direct and rapidly increasing intercourse has sprung up witheastern Asia. The waters of the Northern Pacific, even into the Arctic Sea, have of late years been frequented by our whalemen. The application ofsteam to the general purposes of navigation is becoming daily more common, and makes it desirable to obtain fuel and other necessary supplies atconvenient points on the route between Asia and our Pacific shores. Ourunfortunate countrymen who from time to time suffer shipwreck on the coastsof the eastern seas are entitled to protection. Besides these specificobjects, the general prosperity of our States on the Pacific requires thatan attempt should be made to open the opposite regions of Asia to amutually beneficial intercourse. It is obvious that this attempt could bemade by no power to so great advantage as by the United States, whoseconstitutional system excludes every idea of distant colonial dependencies. I have accordingly been led to order an appropriate naval force to Japan, under the command of a discreet and intelligent officer of the highest rankknown to our service. He is instructed to endeavor to obtain from theGovernment of that country some relaxation of the inhospitable andantisocial system which it has pursued for about two centuries. He has beendirected particularly to remonstrate in the strongest language against thecruel treatment to which our shipwrecked mariners have often been subjectedand to insist that they shall be treated with humanity. He is instructed, however, at the same time, to give that Government the amplest assurancesthat the objects of the United States are such, and such only, as I haveindicated, and that the expedition is friendly and peaceful. Notwithstanding the jealousy with which the Governments of eastern Asiaregard all overtures from foreigners, I am not without hopes of abeneficial result of the expedition. Should it be crowned with success, theadvantages will not be confined to the United States, but, as in the caseof China, will be equally enjoyed by all the other maritime powers. I havemuch satisfaction in stating that in all the steps preparatory to thisexpedition the Government of the United States has been materially aided bythe good offices of the King of the Netherlands, the only European powerhaving any commercial relations with Japan. 

In passing from this survey of our foreign relations, I invite theattention of Congress to the condition of that Department of the Governmentto which this branch of the public business is intrusted. Our intercoursewith foreign powers has of late years greatly increased, both inconsequence of our own growth and the introduction of many new states intothe family of nations. In this way the Department of State has becomeoverburdened. It has by the recent establishment of the Department of theInterior been relieved of some portion of the domestic business. If theresidue of the business of that kind--such as the distribution ofCongressional documents, the keeping, publishing, and distribution of thelaws of the United States, the execution of the copyright law, the subjectof reprieves and pardons, and some other subjects relating to interioradministration--should be transferred from the Department of State, itwould unquestionably be for the benefit of the public service. I would alsosuggest that the building appropriated to the State Department is notfireproof; that there is reason to think there are defects in itsconstruction, and that the archives of the Government in charge of theDepartment, with the precious collections of the manuscript papers ofWashington, Jefferson, Hamilton, Madison, and Monroe, are exposed todestruction by fire. A similar remark may be made of the buildingsappropriated to the War and Navy Departments. 

The condition of the Treasury is exhibited in the annual report from thatDepartment. 

The cash receipts into the Treasury for the fiscal year ending the 30thJune last, exclusive of trust funds, were $49, 728, 386. 89, and theexpenditures for the same period, likewise exclusive of trust funds, were$46, 007, 896. 20, of which $9, 455, 815. 83 was on account of the principal andinterest of the public debt, including the last installment of theindemnity to Mexico under the treaty of Guadalupe Hidalgo, leaving abalance of $14, 632, 136. 37 in the Treasury on the 1st day of July last. Since this latter period further purchases of the principal of the publicdebt have been made to the extent of $2, 456, 547. 49, and the surplus in theTreasury will continue to be applied to that object whenever the stock canbe procured within the limits as to price authorized by law. 

The value of foreign merchandise imported during the last fiscal year was$207, 240, 101, and the value of domestic productions exported was$149, 861, 911, besides $17, 204, 026 of foreign merchandise exported, makingthe aggregate of the entire exports $167, 065, 937. Exclusive of the above, there was exported $42, 507, 285 in specie, and imported from foreign ports$5, 262, 643. 

In my first annual message to Congress I called your attention to whatseemed to me some defects in the present tariff, and recommended suchmodifications as in my judgment were best adapted to remedy its evils andpromote the prosperity of the country. Nothing has since occurred to changemy views on this important question. 

Without repeating the arguments contained in my former message in favor ofdiscriminating protective duties, I deem it my duty to call your attentionto one or two other considerations affecting this subject. The first is theeffect of large importations of foreign goods upon our currency. Most ofthe gold of California, as fast as it is coined, finds its way directly toEurope in payment for goods purchased. In the second place, as ourmanufacturing establishments are broken down by competition withforeigners, the capital invested in them is lost, thousands of honest andindustrious citizens are thrown out of employment, and the farmer, to thatextent, is deprived of a home market for the sale of his surplus produce. In the third place, the destruction of our manufactures leaves theforeigner without competition in our market, and he consequently raises theprice of the article sent here for sale, as is now seen in the increasedcost of iron imported from England. The prosperity and wealth of everynation must depend upon its productive industry. The farmer is stimulatedto exertion by finding a ready market for his surplus products, andbenefited by being able to exchange them without loss of time or expense oftransportation for the manufactures which his comfort or conveniencerequires. This is always done to the best advantage where a portion of thecommunity in which he lives is engaged in other pursuits. But mostmanufactures require an amount of capital and a practical skill which cannot be commanded unless they be protected for a time from ruinouscompetition from abroad. Hence the necessity of laying those duties uponimported goods which the Constitution authorizes for revenue in such amanner as to protect and encourage the labor of our own citizens. Duties, however, should not be fixed at a rate so high as to exclude the foreignarticle, but should be so graduated as to enable the domestic manufacturerfairly to compete with the foreigner in our own markets, and by thiscompetition to reduce the price of the manufactured article to the consumerto the lowest rate at which it can be produced. This policy would place themechanic by the side of the farmer, create a mutual interchange of theirrespective commodities, and thus stimulate the industry of the wholecountry and render us independent of foreign nations for the suppliesrequired by the habits or necessities of the people. 

Another question, wholly independent of protection, presents itself, andthat is, whether the duties levied should be upon the value of the articleat the place of shipment, or, where it is practicable, a specific duty, graduated according to quantity, as ascertained by weight or measure. Allour duties are at present ad valorem. A certain percentage is levied on theprice of the goods at the port of shipment in a foreign country. Mostcommercial nations have found it indispensable, for the purpose ofpreventing fraud and perjury, to make the duties specific whenever thearticle is of such a uniform value in weight or measure as to justify sucha duty. Legislation should never encourage dishonesty or crime. It isimpossible that the revenue officers at the port where the goods areentered and the duties paid should know with certainty what they cost inthe foreign country. Yet the law requires that they should levy the dutyaccording to such cost. They are therefore compelled to resort to veryunsatisfactory evidence to ascertain what that cost was. They take theinvoice of the importer, attested by his oath, as the best evidence ofwhich the nature of the case admits. But everyone must see that the invoicemay be fabricated and the oath by which it is supported false, by reason ofwhich the dishonest importer pays a part only of the duties which are paidby the honest one, and thus indirectly receives from the Treasury of theUnited States a reward for his fraud and perjury. The reports of theSecretary of the Treasury heretofore made on this subject show conclusivelythat these frauds have been practiced to a great extent. The tendency is todestroy that high moral character for which our merchants have long beendistinguished, to defraud the Government of its revenue, to break down thehonest importer by a dishonest competition, and, finally, to transfer thebusiness of importation to foreign and irresponsible agents, to the greatdetriment of our own citizens. I therefore again most earnestly recommendthe adoption of specific duties wherever it is practicable, or a homevaluation, to prevent these frauds. 

I would also again call your attention to the fact that the present tariffin some cases imposes a higher duty upon the raw material imported thanupon the article manufactured from it, the consequence of which is that theduty operates to the encouragement of the foreigner and the discouragementof our own citizens. 

For full and detailed information in regard to the general condition of ourIndian affairs, I respectfully refer you to the report of the Secretary ofthe Interior and the accompanying documents. 

The Senate not having thought proper to ratify the treaties which have beennegotiated with the tribes of Indians in California and Oregon, ourrelations with them have been left in a very unsatisfactory condition. 

In other parts of our territory particular districts of country have beenset apart for the exclusive occupation of the Indians, and their right tothe lands within those limits has been acknowledged and respected. But inCalifornia and Oregon there has been no recognition by the Government ofthe exclusive right of the Indians to any part of the country. They aretherefore mere tenants at sufferance, and liable to be driven from place toplace at the pleasure of the whites. 

The treaties which have been rejected proposed to remedy this evil byallotting to the different tribes districts of country suitable to theirhabits of life and sufficient for their support. This provision, more thanany other, it is believed, led to their rejection; and as no substitute forit has been adopted by Congress, it has not been deemed advisable toattempt to enter into new treaties of a permanent character, although noeffort has been spared by temporary arrangements to preserve friendlyrelations with them. 

If it be the desire of Congress to remove them from the country altogether, or to assign to them particular districts more remote from the settlementsof the whites, it will be proper to set apart by law the territory whichthey are to occupy and to provide the means necessary for removing them toit. Justice alike to our own citizens and to the Indians requires theprompt action of Congress on this subject. The amendments proposed by theSenate to the treaties which were negotiated with the Sioux Indians ofMinnesota have been submitted to the tribes who were parties to them, andhave received their assent. A large tract of valuable territory has thusbeen opened for settlement and cultivation, and all danger of collisionwith these powerful and warlike bands has been happily removed. 

The removal of the remnant of the tribe of Seminole Indians from Floridahas long been a cherished object of the Government, and it is one to whichmy attention has been steadily directed. Admonished by past experience ofthe difficulty and cost of the attempt to remove them by military force, resort has been had to conciliatory measures. By the invitation of theCommissioner of Indian Affairs, several of the principal chiefs recentlyvisited Washington, and whilst here acknowledged in writing the obligationof their tribe to remove with the least possible delay. Late advices fromthe special agent of the Government represent that they adhere to theirpromise, and that a council of their people has been called to make theirpreliminary arrangements. A general emigration may therefore be confidentlyexpected at an early day. 

The report from the General Land Office shows increased activity in itsoperations. The survey of the northern boundary of Iowa has been completedwith unexampled dispatch. Within the last year 9, 522, 953 acres of publicland have been surveyed and 8, 032, 463 acres brought into market. 

Acres In the last fiscal year there were sold 1, 553, 071 Located withbounty-land warrants 3, 201, 314 Located with other certificates 115, 682Making a total of 4, 870, 067

In addition there were--Reported under swamp-land grants 5, 219, 188 Forinternal improvements, railroads, etc 3, 025, 920 Making an aggregate of13, 115, 175 Being an increase of the amount sold and located under landwarrants of 569, 220 acres over the previous year. The whole amount thussold, located under land warrants, reported under swamp-land grants, andselected for internal improvements exceeds that of the previous year by3, 342, 372 acres; and the sales would without doubt have been much largerbut for the extensive reservations for railroads in Missouri, Mississippi, and Alabama. 

Acres For the quarter ending 30th September, 1852, there were sold 243, 255Located with bounty-land warrants 1, 387, 116 Located with other certificates15, 649 Reported under swamp-land grants 2, 485, 233 Making an aggregate forthe quarter of 4, 131, 253

Much the larger portion of the labor of arranging and classifying thereturns of the last census has been finished, and it will now devolve uponCongress to make the necessary provision for the publication of the resultsin such form as shall be deemed best. The apportionment of representationon the basis of the new census has been made by the Secretary of theInterior in conformity with the provisions of law relating to that subject, and the recent elections have been made in accordance with it. 

I commend to your favorable regard the suggestion contained in the reportof the Secretary of the Interior that provision be made by law for thepublication and distribution, periodically, of an analytical digest of allthe patents which have been or may hereafter be granted for usefulinventions and discoveries, with such descriptions and illustrations as maybe necessary to present an intelligible view of their nature and operation. The cost of such publication could easily be defrayed out of the patentfund, and I am persuaded that it could be applied to no object moreacceptable to inventors and beneficial to the public at large. 

An appropriation of $100, 000 having been made at the last session for thepurchase of a suitable site and for the erection, furnishing, and fittingup of an asylum for the insane of the District of Columbia and of the Armyand Navy of the United States, the proper measures have been adopted tocarry this beneficent purpose into effect. 

By the latest advices from the Mexican boundary commission it appears thatthe survey of the river Gila from its continence with the Colorado to itssupposed intersection with the western line of New Mexico has beencompleted. The survey of the Rio Grande has also been finished from thepoint agreed on by the commissioners as "the point where it strikes thesouthern boundary of New Mexico" to a point 135 miles below Eagle Pass, which is about two-thirds of the distance along the course of the river toits mouth. 

The appropriation which was made at the last session of Congress for thecontinuation of the survey is subject to the following proviso: Provided, That no part of this appropriation shall be used or expended until it shallbe made satisfactorily to appear to the President of the United States thatthe southern boundary of New Mexico is not established by the commissionerand surveyor of the United States farther north of the town called "Paso"than the same is laid down in Disturnell's map, which is added to thetreaty. 

My attention was drawn to this subject by a report from the Department ofthe Interior, which reviewed all the facts of the case and submitted for mydecision the question whether under existing circumstances any part of theappropriation could be lawfully used or expended for the furtherprosecution of the work. After a careful consideration of the subject Icame to the conclusion that it could not, and so informed the head of thatDepartment. Orders were immediately issued by him to the commissioner andsurveyor to make no further requisitions on the Department, as they couldnot be paid, and to discontinue all operations on the southern line of NewMexico. But as the Department had no exact information as to the amount ofprovisions and money which remained unexpended in the hands of thecommissioner and surveyor, it was left discretionary with them to continuethe survey down the Rio Grande as far as the means at their disposal wouldenable them or at once to disband the commission. A special messenger hassince arrived from the officer in charge of the survey on the river withinformation that the funds subject to his control were exhausted and thatthe officers and others employed in the service were destitute alike of themeans of prosecuting the work and of returning to their homes. 

The object of the proviso was doubtless to arrest the survey of thesouthern and western lines of New Mexico, in regard to which differentopinions have been expressed; for it is hardly to be supposed that therecould be any objection to that part of the line which extends along thechannel of the Rio Grande. But the terms of the law are so broad as toforbid the use of any part of the money for the prosecution of the work, oreven for the payment to the officers and agents of the arrearages of paywhich are justly due to them. 

I earnestly invite your prompt attention to this subject, and recommend amodification of the terms of the proviso, so as to enable the Department touse as much of the appropriation as will be necessary to discharge theexisting obligations of the Government and to complete the survey of theRio Grande to its mouth. 

It will also be proper to make further provision by law for the fulfillmentof our treaty with Mexico for running and marking the residue of theboundary line between the two countries. 

Permit me to invite your particular attention to the interests of theDistrict of Columbia, which are confided by the Constitution to yourpeculiar care. 

Among the measures which seem to me of the greatest importance to itsprosperity are the introduction of a copious supply of water into the cityof Washington and the construction of suitable bridges across the Potomacto replace those which were destroyed by high water in the early part ofthe present year. 

At the last session of Congress an appropriation was made to defray thecost of the surveys necessary for determining the best means of affordingan unfailing supply of good and wholesome water. Some progress has beenmade in the survey, and as soon as it is completed the result will be laidbefore you. 

Further appropriations will also be necessary for grading and paving thestreets and avenues and inclosing and embellishing the public groundswithin the city of Washington. 

I commend all these objects, together with the charitable institutions ofthe District, to your favorable regard. Every effort has been made toprotect our frontier and that of the adjoining Mexican States from theincursions of the Indian tribes. Of about 11, 000 men of which the Army iscomposed, nearly 8, 000 are employed in the defense of the newly acquiredterritory (including Texas) and of emigrants proceeding thereto. I amgratified to say that these efforts have been unusually successful. Withthe exception of some partial outbreaks in California and Oregon andoccasional depredations on a portion of the Rio Grande, owing, it isbelieved, to the disturbed state of that border region, the inroads of theIndians have been effectually restrained. 

Experience has shown, however, that whenever the two races are brought intocontact collisions will inevitably occur. To prevent these collisions theUnited States have generally set apart portions of their territory for theexclusive occupation of the Indian tribes. A difficulty occurs, however, inthe application of this policy to Texas. By the terms of the compact bywhich that State was admitted into the Union she retained the ownership ofall the vacant lands within her limits. The government of that State, it isunderstood, has assigned no portion of her territory to the Indians, but asfast as her settlements advance lays it off into counties and proceeds tosurvey and sell it. This policy manifestly tends not only to alarm andirritate the Indians, but to compel them to resort to plunder forsubsistence. It also deprives this Government of that influence and controlover them without which no durable peace can ever exist between them andthe whites. I trust, therefore, that a due regard for her own interests, apart from considerations of humanity and justice, will induce that Stateto assign a small portion of her vast domain for the provisional occupancyof the small remnants of tribes within her borders, subject, of course, toher ownership and eventual jurisdiction. If she should fail to do this, thefulfillment of our treaty stipulations with Mexico and our duty to theIndians themselves will, it is feared, become a subject of seriousembarrassment to the Government. It is hoped, however, that a timely andjust provision by Texas may avert this evil. 

No appropriations for fortifications were made at the two last sessions ofCongress. The cause of this omission is probably to be found in a growingbelief that the system of fortifications adopted in 1816, and heretoforeacted on, requires revision. 

The subject certainly deserves full and careful investigation, but itshould not be delayed longer than can be avoided. In the meantime there arecertain works which have been commenced, some of them nearly completed, designed to protect our principal seaports from Boston to New Orleans and afew other important points. In regard to the necessity for these works, itis believed that little difference of opinion exists among military men. Itherefore recommend that the appropriations necessary to prosecute them bemade. 

I invite your attention to the remarks on this subject and on othersconnected with his Department contained in the accompanying report of theSecretary of War. 

Measures have been taken to carry into effect the law of the last sessionmaking provision for the improvement of certain rivers and harbors, and itis believed that the arrangements made for that purpose will combineefficiency with economy. Owing chiefly to the advanced season when the actwas passed, little has yet been done in regard to many of the works beyondmaking the necessary preparations. With respect to a few of theimprovements, the sums already appropriated will suffice to complete them;but most of them will require additional appropriations. I trust that theseappropriations will be made, and that this wise and beneficent policy, soauspiciously resumed, will be continued. Great care should be taken, however, to commence no work which is not of sufficient importance to thecommerce of the country to be viewed as national in its character. Butworks which have been commenced should not be discontinued until completed, as otherwise the sums expended will in most cases be lost. 

The report from the Navy Department will inform you of the prosperouscondition of the branch of the public service committed to its charge. Itpresents to your consideration many topics and suggestions of which I askyour approval. It exhibits an unusual degree of activity in the operationsof the Department during the past year. The preparations for the Japanexpedition, to which I have already alluded; the arrangements made for theexploration and survey of the China Seas, the Northern Pacific, andBehrings Straits; the incipient measures taken toward a reconnoissance ofthe continent of Africa eastward of Liberia; the preparation for an earlyexamination of the tributaries of the river La Plata, which a recent decreeof the provisional chief of the Argentine Confederation has opened tonavigation--all these enterprises and the means by which they are proposedto be accomplished have commanded my full approbation, and I have no doubtwill be productive of most useful results. 

Two officers of the Navy were heretofore instructed to explore the wholeextent of the Amazon River from the confines of Peru to its mouth. Thereturn of one of them has placed in the possession of the Government aninteresting and valuable account of the character and resources of acountry abounding in the materials of commerce, and which if opened to theindustry of the world will prove an inexhaustible fund of wealth. Thereport of this exploration will be communicated to you as soon as it iscompleted. 

Among other subjects offered to your notice by the Secretary of the Navy, Iselect for special commendation, in view of its connection with theinterests of the Navy, the plan submitted by him for the establishment of apermanent corps of seamen and the suggestions he has presented for thereorganization of the Naval Academy. 

In reference to the first of these, I take occasion to say that I think itwill greatly improve the efficiency of the service, and that I regard it asstill more entitled to favor for the salutary influence it must exert uponthe naval discipline, now greatly disturbed by the increasing spirit ofinsubordination resulting from our present system. The plan proposed forthe organization of the seamen furnishes a judicious substitute for the lawof September, 1850, abolishing corporal punishment, and satisfactorilysustains the policy of that act under conditions well adapted to maintainthe authority of command and the order and security of our ships. It isbelieved that any change which proposes permanently to dispense with thismode of punishment should be preceded by a system of enlistment which shallsupply the Navy with seamen of the most meritorious class, whose gooddeportment and pride of character may preclude all occasion for a resort topenalties of a harsh or degrading nature. The safety of a ship and her crewis often dependent upon immediate obedience to a command, and the authorityto enforce it must be equally ready. The arrest of a refractory seaman insuch moments not only deprives the ship of indispensable aid, but imposes anecessity for double service on others, whose fidelity to their duties maybe relied upon in such an emergency. The exposure to this increased andarduous labor since the passage of the act of 1850 has already had, to amost observable and injurious extent, the effect of preventing theenlistment of the best seamen in the Navy. The plan now suggested isdesigned to promote a condition of service in which this objection will nolonger exist. The details of this plan may be established in great part, ifnot altogether, by the Executive under the authority of existing laws, butI have thought it proper, in accordance with the suggestion of theSecretary of the Navy, to submit it to your approval. 

The establishment of a corps of apprentices for the Navy, or boys to beenlisted until they become of age, and to be employed under suchregulations as the Navy Department may devise, as proposed in the report, Icordially approve and commend to your consideration; and I also concur inthe suggestion that this system for the early training of seamen may bemost usefully ingrafted upon the service of our merchant marine. The otherproposition of the report to which I have referred--the reorganization ofthe Naval Academy--I recommend to your attention as a project worthy ofyour encouragement and support. The valuable services already rendered bythis institution entitle it to the continuance of your fostering care. 

Your attention is respectfully called to the report of the PostmasterGeneral for the detailed operation of his Department during the last fiscalyear, from which it will be seen that the receipts from postages for thattime were less by $1, 431, 696 than for the preceding fiscal year, being adecrease of about 23 per cent. 

This diminution is attributable to the reduction in the rates of postagemade by the act of March 3, 1851, which reduction took effect at thecommencement of the last fiscal year. 

Although in its operation during the last year the act referred to has notfulfilled the predictions of its friends by increasing the correspondenceof the country in proportion to the reduction of postage, I should, nevertheless, question the policy of returning to higher rates. Experiencewarrants the expectation that as the community becomes accustomed to cheappostage correspondence will increase. It is believed that from this causeand from the rapid growth of the country in population and business thereceipts of the Department must ultimately exceed its expenses, and thatthe country may safely rely upon the continuance of the present cheap rateof postage. 

In former messages I have, among other things, respectfully recommended tothe consideration of Congress the propriety and necessity of furtherlegislation for the protection and punishment of foreign consuls residingin the United States; to revive, with certain modifications, the act of10th March, 1838, to restrain unlawful military expeditions against theinhabitants of conterminous states or territories; for the preservation andprotection from mutilation or theft of the papers, records, and archives ofthe nation; for authorizing the surplus revenue to be applied to thepayment of the public debt in advance of the time when it will become due;for the establishment of land offices for the sale of the public lands inCalifornia and the Territory of Oregon; for the construction of a road fromthe Mississippi Valley to the Pacific Ocean; for the establishment of abureau of agriculture for the promotion of that interest, perhaps the mostimportant in the country; for the prevention of frauds upon the Governmentin applications for pensions and bounty lands; for the establishment of auniform fee bill, prescribing a specific compensation for every servicerequired of clerks, district attorneys, and marshals; for authorizing anadditional regiment of mounted men for the defense of our frontiers againstthe Indians and for fulfilling our treaty stipulations with Mexico todefend her citizens against the Indians "with equal diligence and energy asour own;" for determining the relative rank between the naval and civilofficers in our public ships and between the officers of the Army and Navyin the various grades of each; for reorganizing the naval establishment byfixing the number of officers in each grade, and providing for a retiredlist upon reduced pay of those unfit for active duty; for prescribing andregulating punishments in the Navy; for the appointment of a commission torevise the public statutes of the United States by arranging them in order, supplying deficiencies, correcting incongruities, simplifying theirlanguage, and reporting them to Congress for its final action; and for theestablishment of a commission to adjudicate and settle private claimsagainst the United States. I am not aware, however, that any of thesesubjects have been finally acted upon by Congress. Without repeating thereasons for legislation on these subjects which have been assigned informer messages, I respectfully recommend them again to your favorableconsideration. 

I think it due to the several Executive Departments of this Government tobear testimony to the efficiency and integrity with which they areconducted. With all the careful superintendence which it is possible forthe heads of those Departments to exercise, still the due administrationand guardianship of the public money must very much depend on thevigilance, intelligence, and fidelity of the subordinate officers andclerks, and especially on those intrusted with the settlement andadjustment of claims and accounts. I am gratified to believe that they havegenerally performed their duties faithfully and well. They are appointed toguard the approaches to the public Treasury, and they occupy positions thatexpose them to all the temptations and seductions which the cupidity ofpeculators and fraudulent claimants can prompt them to employ. It will bebut a wise precaution to protect the Government against that source ofmischief and corruption, as far as it can be done, by the enactment of allproper legal penalties. The laws in this respect are supposed to bedefective, and I therefore deem it my duty to call your attention to thesubject and to recommend that provision be made by law for the punishmentnot only of those who shall accept bribes, but also of those who shalleither promise, give, or offer to give to any of those officers or clerks abribe or reward touching or relating to any matter of their official actionor duty. 

It has been the uniform policy of this Government, from its foundation tothe present day, to abstain from all interference in the domestic affairsof other nations. The consequence has been that while the nations of Europehave been engaged in desolating wars our country has pursued its peacefulcourse to unexampled prosperity and happiness. The wars in which we havebeen compelled to engage in defense of the rights and honor of the countryhave been, fortunately, of short duration. During the terrific contest ofnation against nation which succeeded the French Revolution we were enabledby the wisdom and firmness of President Washington to maintain ourneutrality. While other nations were drawn into this wide-sweepingwhirlpool, we sat quiet and unmoved upon our own shores. While the flowerof their numerous armies was wasted by disease or perished by hundreds ofthousands upon the battlefield, the youth of this favored land werepermitted to enjoy the blessings of peace beneath the paternal roof. Whilethe States of Europe incurred enormous debts, under the burden of whichtheir subjects still groan, and which must absorb no small part of theproduct of the honest industry of those countries for generations to come, the United States have once been enabled to exhibit the proud spectacle ofa nation free from public debt, and if permitted to pursue our prosperousway for a few years longer in peace we may do the same again. 

But it is now said by some that this policy must be changed. Europe is nolonger separated from us by a voyage of months, but steam navigation hasbrought her within a few days' sail of our shores. We see more of hermovements and take a deeper interest in her controversies. Although no oneproposes that we should join the fraternity of potentates who have for ageslavished the blood and treasure of their subjects in maintaining "thebalance of power, " yet it is said that we ought to interfere betweencontending sovereigns and their subjects for the purpose of overthrowingthe monarchies of Europe and establishing in their place republicaninstitutions. It is alleged that we have heretofore pursued a differentcourse from a sense of our weakness, but that now our conscious strengthdictates a change of policy, and that it is consequently our duty to minglein these contests and aid those who are struggling for liberty. 

This is a most seductive but dangerous appeal to the generous sympathies offreemen. Enjoying, as we do, the blessings of a free Government, there isno man who has an American heart that would not rejoice to see theseblessings extended to all other nations. We can not witness the strugglebetween the oppressed and his oppressor anywhere without the deepestsympathy for the former and the most anxious desire for his triumph. Nevertheless, is it prudent or is it wise to involve ourselves in theseforeign wars? Is it indeed true that we have heretofore refrained fromdoing so merely from the degrading motive of a conscious weakness? For thehonor of the patriots who have gone before us, I can not admit it. Men ofthe Revolution, who drew the sword against the oppressions of the mothercountry and pledged to Heaven "their lives, their fortunes, and theirsacred honor" to maintain their freedom, could never have been actuated byso unworthy a motive. They knew no weakness or fear where right or dutypointed the way, and it is a libel upon their fair fame for us, while weenjoy the blessings for which they so nobly fought and bled, to insinuateit. The truth is that the course which they pursued was dictated by a sternsense of international justice, by a statesmanlike prudence and afar-seeing wisdom, looking not merely to the present necessities but to thepermanent safety and interest of the country. They knew that the world isgoverned less by sympathy than by reason and force; that it was notpossible for this nation to become a "propagandist" of free principleswithout arraying against it the combined powers of Europe, and that theresult was more likely to be the overthrow of republican liberty here thanits establishment there. History has been written in vain for those who candoubt this. France had no sooner established a republican form ofgovernment than she manifested a desire to force its blessings on all theworld. Her own historian informs us that, hearing of some petty acts oftyranny in a neighboring principality, "the National Convention declaredthat she would afford succor and fraternity to all nations who wished torecover their liberty, and she gave it in charge to the executive power togive orders to the generals of the French armies to aid all citizens whomight have been or should be oppressed in the cause of liberty. " Here wasthe false step which led to her subsequent misfortunes. She soon foundherself involved in war with all the rest of Europe. In less than ten yearsher Government was changed from a republic to an empire, and finally, aftershedding rivers of blood, foreign powers restored her exiled dynasty andexhausted Europe sought peace and repose in the unquestioned ascendency ofmonarchical principles. Let us learn wisdom from her example. Let usremember that revolutions do not always establish freedom. Our own freeinstitutions were not the offspring of our Revolution. They existed before. They were planted in the free charters of self-government under which theEnglish colonies grew up, and our Revolution only freed us from thedominion of a foreign power whose government was at variance with thoseinstitutions. But European nations have had no such training forself-government, and every effort to establish it by bloody revolutions hasbeen, and must without that preparation continue to be, a failure. Libertyunregulated by law degenerates into anarchy, which soon becomes the mosthorrid of all despotisms. Our policy is wisely to govern ourselves, andthereby to set such an example of national justice, prosperity, and trueglory as shall teach to all nations the blessings of self-government andthe unparalleled enterprise and success of a free people. 

We live in an age of progress, and ours is emphatically a country ofprogress. Within the last half century the number of States in this Unionhas nearly doubled, the population has almost quadrupled, and ourboundaries have been extended from the Mississippi to the Pacific. Ourterritory is checkered over with railroads and furrowed with canals. Theinventive talent of our country is excited to the highest pitch, and thenumerous applications for patents for valuable improvements distinguishthis age and this people from all others. The genius of one American hasenabled our commerce to move against wind and tide and that of another hasannihilated distance in the transmission of intelligence. The whole countryis full of enterprise. Our common schools are diffusing intelligence amongthe people and our industry is fast accumulating the comforts and luxuriesof life. This is in part owing to our peculiar position, to our fertilesoil and comparatively sparse population; but much of it is also owing tothe popular institutions under which we live, to the freedom which everyman feels to engage in any useful pursuit according to his taste orinclination, and to the entire confidence that his person and property willbe protected by the laws. But whatever may be the cause of thisunparalleled growth in population, intelligence, and wealth, one tiring isclear--that the Government must keep pace with the progress of the people. It must participate in their spirit of enterprise, and while it exactsobedience to the laws and restrains all unauthorized invasions of therights of neighboring states, it should foster and protect home industryand lend its powerful strength to the improvement of such means ofintercommunication as are necessary to promote our internal commerce andstrengthen the ties which bind us together as a people. 

It is not strange, however much it may be regretted, that such anexuberance of enterprise should cause some individuals to mistake changefor progress and the invasion of the rights of others for national prowessand glory. The former are constantly agitating for some change in theorganic law, or urging new and untried theories of human rights. The latterare ever ready to engage in any wild crusade against a neighboring people, regardless of the justice of the enterprise and without looking at thefatal consequences to ourselves and to the cause of popular government. Such expeditions, however, are often stimulated by mercenary individuals, who expect to share the plunder or profit of the enterprise withoutexposing themselves to danger, and are led on by some irresponsibleforeigner, who abuses the hospitality of our own Government by seducing theyoung and ignorant to join in his scheme of personal ambition or revengeunder the false and delusive pretense of extending the area of freedom. These reprehensible aggressions but retard the true progress of our nationand tarnish its fair fame. They should therefore receive the indignantfrowns of every good citizen who sincerely loves his country and takes apride in its prosperity and honor. Our Constitution, though not perfect, isdoubtless the best that ever was formed. Therefore let every proposition tochange it be well weighed and, if found beneficial, cautiously adopted. Every patriot will rejoice to see its authority so exerted as to advancethe prosperity and honor of the nation, whilst he will watch with jealousyany attempt to mutilate this charter of our liberties or pervert its powersto acts of aggression or injustice. Thus shall conservatism and progressblend their harmonious action in preserving the form and spirit of theConstitution and at the same time carry forward the great improvements ofthe country with a rapidity and energy which freemen only can display. 

In closing this my last annual communication, permit me, fellow-citizens, to congratulate you on the prosperous condition of our beloved country. Abroad its relations with all foreign powers are friendly, its rights arerespected, and its high place in the family of nations cheerfullyrecognized. At home we enjoy an amount of happiness, public and private, which has probably never fallen to the lot of any other people. Besidesaffording to our own citizens a degree of prosperity of which on so large ascale I know of no other instance, our country is annually affording arefuge and a home to multitudes, altogether without example, from the OldWorld. 

We owe these blessings, under Heaven, to the happy Constitution andGovernment which were bequeathed to us by our fathers, and which it is oursacred duty to transmit in all their integrity to our children. We must allconsider it a great distinction and privilege to have been chosen by thepeople to bear a part in the administration of such a Government. Called byan unexpected dispensation to its highest trust at a season ofembarrassment and alarm, I entered upon its arduous duties with extremediffidence. I claim only to have discharged them to the best of an humbleability, with a single eye to the public good, and it is with devoutgratitude in retiring from office that I leave the country in a state ofpeace and prosperity.