THIRD ANNUAL MESSAGE.

WASHINGTON, _December 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

has been marked by no extraordinary political event. The quadrennial

election of 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 choice has been effected by the independent suffrages of a free

people, undisturbed by those influences which in other countries have

too often affected the purity of popular elections.

Our grateful thanks are due to an all-merciful Providence, not only

for staying the pestilence which in different forms has desolated some

of our cities, but for crowning the labors of the husbandman with an

abundant harvest and the nation generally with the blessings of peace

and prosperity.

Within a few weeks the public mind has been deeply affected by the

death of Daniel Webster, filling at his decease the office of Secretary

of State. His associates in the executive government have sincerely

sympathized with his family and the public generally on this mournful

occasion. His commanding talents, his great political and professional

eminence, his well-tried patriotism, and his long and faithful services

in the most important public trusts have caused his death to be lamented

throughout the country and have earned for him a lasting place in our

history.

In the course of the last summer considerable anxiety was caused for

a short time by an official intimation from the Government of Great

Britain that orders had been given for the protection of the fisheries

upon the coasts of the British Provinces in North America against the

alleged encroachments of the fishing vessels of the United States and

France. The shortness of this notice and the season of the year seemed

to make it a matter of urgent importance. It was at first apprehended

that an increased naval force had been ordered to the fishing grounds

to carry into effect the British interpretation of those provisions in

the convention of 1818 in reference to the true intent of which the two

Governments differ. It was soon discovered that such was not the design

of Great Britain, and satisfactory explanations of the real objects of

the measure have been given both here and in London.

The unadjusted difference, however, between the two Governments as to

the interpretation of the first article of the convention of 1818 is

still a matter of importance. American fishing vessels, within nine or

ten years, have been excluded from waters to which they had free access

for twenty-five years after the negotiation of the treaty. In 1845 this

exclusion was relaxed so far as concerns the Bay of Fundy, but the just

and liberal intention of the home Government, in compliance with what

we think the true construction of the convention, to open all the

other outer bays to our fishermen was abandoned in consequence of the

opposition of the colonies. Notwithstanding this, the United States

have, since the Bay of Fundy was reopened to our fishermen in 1845,

pursued the most liberal course toward the colonial fishing interests.

By the revenue law of 1846 the duties on colonial fish entering our

ports were very greatly reduced, and by the warehousing act it is

allowed to be entered in bond without payment of duty. In this way

colonial fish has acquired the monopoly of the export trade in our

market and is entering to some extent into the home consumption. These

facts were among those which increased the sensibility of our fishing

interest at the movement in question.

These circumstances and the incidents above alluded to have led me to

think the moment favorable for a reconsideration of the entire subject

of the fisheries on the coasts of the British Provinces, with a view to

place them upon a more liberal footing of reciprocal privilege. A

willingness to meet us in some arrangement of this kind is understood to

exist on the part of Great Britain, with a desire on her part to include

in one comprehensive settlement as well this subject as the commercial

intercourse between the United States and the British Provinces. I have

thought that, whatever arrangements may be made on these two subjects,

it is expedient that they should be embraced in separate conventions.

The illness and death of the late Secretary of State prevented the

commencement of the contemplated negotiation. Pains have been taken to

collect the information required for the details of such an arrangement.

The subject is attended with considerable difficulty. If it is found

practicable to come to an agreement mutually acceptable to the two

parties, conventions may be concluded in the course of the present

winter. The control of Congress over all the provisions of such an

arrangement affecting the revenue will of course be reserved.

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

irritation on the part of the Cuban authorities appears to exist. This

feeling has interfered with the regular commercial intercourse between

the United States and the island and led to some acts of which we have

a right to complain. But the Captain-General of Cuba is clothed with no

power to treat with foreign governments, nor is he in any degree under

the control of the Spanish minister at Washington. Any communication

which he may hold with an agent of a foreign power is informal and

matter of courtesy. Anxious to put an end to the existing inconveniences

(which seemed to rest on a misconception), I directed the newly

appointed minister to Mexico to visit Havana on his way to Vera Cruz.

He was respectfully received by the Captain-General, who conferred with

him freely on the recent occurrences, but no permanent arrangement was

effected.

In the meantime the refusal of the Captain-General to allow passengers

and the mail to be landed in certain cases, for a reason which does not

furnish, in the opinion of this Government, even a good presumptive

ground for such prohibition, has been made the subject of a serious

remonstrance at Madrid, and I have no reason to doubt that due respect

will be paid by the Government of Her Catholic Majesty to the

representations which our minister has been instructed to make on the

subject.

It is but justice to the Captain-General to add that his conduct toward

the steamers employed to carry the mails of the United States to Havana

has, with the exceptions above alluded to, been marked with kindness and

liberality, and indicates no general purpose of interfering with the

commercial correspondence and intercourse between the island and this

country.

Early in the present year official notes were received from the

ministers of France and England inviting the Government of the United

States to become a party with Great Britain and France to a tripartite

convention, in virtue of which the three powers should severally and

collectively disclaim now and for the future all intention to obtain

possession of the island of Cuba, and should bind themselves to

discountenance all attempts to that effect on the part of any power or

individual whatever. This invitation has been respectfully declined, for

reasons which it would occupy too much space in this communication to

state in detail, but which led me to think that the proposed measure

would be of doubtful constitutionality, impolitic, and unavailing. I

have, however, in common with several of my predecessors, directed the

ministers of France and England to be assured that the United States

entertain no designs against Cuba, but that, on the contrary, I should

regard its incorporation into the Union at the present time as fraught

with serious peril.

Were this island comparatively destitute of inhabitants or occupied by a

kindred race, I should regard it, if voluntarily ceded by Spain, as a

most desirable acquisition. But under existing circumstances I should

look upon its incorporation into our Union as a very hazardous measure.

It would bring into the Confederacy a population of a different national

stock, speaking a different language, and not likely to harmonize with

the other members. It would probably affect in a prejudicial manner the

industrial interests of the South, and it might revive those conflicts

of opinion between the different sections of the country which lately

shook the Union to its center, and which have been so happily

compromised.

The rejection by the Mexican Congress of the convention which had been

concluded between that Republic and the United States for the protection

of a transit way across the Isthmus of Tehuantepec and of the interests

of those citizens of the United States who had become proprietors of

the rights which Mexico had conferred on one of her own citizens in

regard to that transit has thrown a serious obstacle in the way of the

attainment of a very desirable national object. I am still willing to

hope that the differences on the subject which exist, or may hereafter

arise, between the Governments will be amicably adjusted. This subject,

however, has already engaged the attention of the Senate of the United

States, and requires no further comment in this communication.

The settlement of the question respecting the port of San Juan de

Nicaragua and of the controversy between the Republics of Costa Rica and

Nicaragua in regard to their boundaries was considered indispensable to

the commencement of the ship canal between the two oceans, which was the

subject of the convention between the United States and Great Britain

of the 19th of April, 1850. Accordingly, a proposition for the same

purposes, addressed to the two Governments in that quarter and to the

Mosquito Indians, was agreed to in April last by the Secretary of State

and the minister of Her Britannic Majesty. Besides the wish to aid in

reconciling the differences of the two Republics, I engaged in the

negotiation from a desire to place the great work of a ship canal

between the two oceans under one jurisdiction and to establish the

important port of San Juan de Nicaragua under the government of a

civilized power. The proposition in question was assented to by Costa

Rica and the Mosquito Indians. It has not proved equally acceptable

to Nicaragua, but it is to be hoped that the further negotiations on

the subject which are in train will be carried on in that spirit of

conciliation and compromise which ought always to prevail on such

occasions, and that they will lead to a satisfactory result.

I have the satisfaction to inform you that the executive government of

Venezuela has acknowledged some claims of citizens of the United States

which have for many years past been urged by our chargé d'affaires at

Caracas. It is hoped that the same sense of justice will actuate the

Congress of that Republic in providing the means for their payment.

The recent revolution in Buenos Ayres and the Confederated States having

opened the prospect of an improved state of things in that quarter, the

Governments of Great Britain and France determined to negotiate with the

chief of the new confederacy for the free access of their commerce to

the extensive countries watered by the tributaries of the La Plata; and

they gave a friendly notice of this purpose to the United States, that

we might, if we thought proper, pursue the same course. In compliance

with this invitation, our minister at Rio Janeiro and our chargé

d'affaires at Buenos Ayres have been fully authorized to conclude

treaties with the newly organized confederation or the States composing

it. The delays which have taken place in the formation of the new

government have as yet prevented the execution of those instructions,

but there is every reason to hope that these vast countries will be

eventually opened to our commerce.

A treaty of commerce has been concluded between the United States and

the Oriental Republic of Uruguay, which will be laid before the Senate.

Should this convention go into operation, it will open to the commercial

enterprise of our citizens a country of great extent and unsurpassed in

natural resources, but from which foreign nations have hitherto been

almost wholly excluded.

The correspondence of the late Secretary of State with the Peruvian

chargé d'affaires relative to the Lobos Islands was communicated to

Congress toward the close of the last session. Since that time, on

further investigation of the subject, the doubts which had been

entertained of the title of Peru to those islands have been removed,

and I have deemed it just that the temporary wrong which had been

unintentionally done her from want of information should be repaired

by an unreserved acknowledgment of her sovereignty.

I have the satisfaction to inform you that the course pursued by Peru

has been creditable to the liberality of her Government. Before it was

known by her that her title would be acknowledged at Washington, her

minister of foreign affairs had authorized our chargé d'affaires at Lima

to announce to the American vessels which had gone to the Lobos for

guano that the Peruvian Government was willing to freight them on its

own account. This intention has been carried into effect by the Peruvian

minister here by an arrangement which is believed to be advantageous to

the parties in interest.

Our settlements on the shores of the Pacific have already given a great

extension, and in some respects a new direction, to our commerce in that

ocean. A direct and rapidly increasing intercourse has sprung up with

eastern Asia. The waters of the Northern Pacific, even into the Arctic

Sea, have of late years been frequented by our whalemen. The application

of steam to the general purposes of navigation is becoming daily more

common, and makes it desirable to obtain fuel and other necessary

supplies at convenient points on the route between Asia and our Pacific

shores. Our unfortunate countrymen who from time to time suffer

shipwreck on the coasts of the eastern seas are entitled to protection.

Besides these specific objects, the general prosperity of our States on

the Pacific requires that an attempt should be made to open the opposite

regions of Asia to a mutually beneficial intercourse. It is obvious that

this attempt could be made by no power to so great advantage as by

the United States, whose constitutional 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 rank known to our service. He is

instructed to endeavor to obtain from the Government of that country

some relaxation of the inhospitable and antisocial system which it has

pursued for about two centuries. He has been directed particularly to

remonstrate in the strongest language against the cruel treatment to

which our shipwrecked mariners have often been subjected and to insist

that they shall be treated with humanity. He is instructed, however,

at the same time, to give that Government the amplest assurances that

the objects of the United States are such, and such only, as I have

indicated, and that the expedition is friendly and peaceful.

Notwithstanding the jealousy with which the Governments of eastern

Asia regard all overtures from foreigners, I am not without hopes of a

beneficial result of the expedition. Should it be crowned with success,

the advantages will not be confined to the United States, but, as in the

case of China, will be equally enjoyed by all the other maritime powers.

I have much satisfaction in stating that in all the steps preparatory to

this expedition the Government of the United States has been materially

aided by the good offices of the King of the Netherlands, the only

European power having any commercial relations with Japan.

In passing from this survey of our foreign relations, I invite the

attention of Congress to the condition of that Department of the

Government to which this branch of the public business is intrusted. Our

intercourse with foreign powers has of late years greatly increased,

both in consequence of our own growth and the introduction of many new

states into the family of nations. In this way the Department of State

has become overburdened. It has by the recent establishment of the

Department of the Interior been relieved of some portion of the domestic

business. If the residue of the business of that kind--such as the

distribution of Congressional documents, the keeping, publishing, and

distribution of the laws of the United States, the execution of the

copyright law, the subject of reprieves and pardons, and some other

subjects relating to interior administration--should be transferred from

the Department of State, it would unquestionably be for the benefit of

the public service. I would also suggest that the building appropriated

to the State Department is not fireproof; that there is reason to think

there are defects in its construction, and that the archives of the

Government in charge of the Department, with the precious collections of

the manuscript papers of Washington, Jefferson, Hamilton, Madison, and

Monroe, are exposed to destruction by fire. A similar remark may be made

of the buildings appropriated to the War and Navy Departments.

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

that Department.

The cash receipts into the Treasury for the fiscal year ending the

30th June last, exclusive of trust funds, were $49,728,386.89, and

the expenditures 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 and interest of the public debt, including the last

installment of the indemnity to Mexico under the treaty of Guadalupe

Hidalgo, leaving a balance 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 public debt have been made to the extent of

$2,456,547.49, and the surplus in the Treasury will continue to be

applied to that object whenever the stock can be 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,

making the 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 what

seemed to me some defects in the present tariff, and recommended such

modifications as in my judgment were best adapted to remedy its evils

and promote the prosperity of the country. Nothing has since occurred

to change my views on this important question.

Without repeating the arguments contained in my former message in favor

of discriminating protective duties, I deem it my duty to call your

attention to one or two other considerations affecting this subject.

The first is the effect of large importations of foreign goods upon

our currency. Most of the gold of California, as fast as it is coined,

finds its way directly to Europe in payment for goods purchased.

In the second place, as our manufacturing establishments are broken

down by competition with foreigners, the capital invested in them is

lost, thousands of honest and industrious citizens are thrown out of

employment, and the farmer, to that extent, is deprived of a home market

for the sale of his surplus produce. In the third place, the destruction

of our manufactures leaves the foreigner without competition in our

market, and he consequently raises the price of the article sent here

for sale, as is now seen in the increased cost of iron imported from

England. The prosperity and wealth of every nation must depend upon its

productive industry. The farmer is stimulated to exertion by finding a

ready market for his surplus products, and benefited by being able to

exchange them without loss of time or expense of transportation for the

manufactures which his comfort or convenience requires. This is always

done to the best advantage where a portion of the community in which

he lives is engaged in other pursuits. But most manufactures require

an amount of capital and a practical skill which can not be commanded

unless they be protected for a time from ruinous competition from

abroad. Hence the necessity of laying those duties upon imported goods

which the Constitution authorizes for revenue in such a manner 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 foreign article,

but should be so graduated as to enable the domestic manufacturer

fairly to compete with the foreigner in our own markets, and by this

competition to reduce the price of the manufactured article to the

consumer to the lowest rate at which it can be produced. This policy

would place the mechanic by the side of the farmer, create a mutual

interchange of their respective commodities, and thus stimulate the

industry of the whole country and render us independent of foreign

nations for the supplies required by the habits or necessities of

the people.

Another question, wholly independent of protection, presents itself,

and that is, whether the duties levied should be upon the value of

the article at the place of shipment, or, where it is practicable,

a specific duty, graduated according to quantity, as ascertained by

weight or measure. All our duties are at present _ad valorem_. A

certain percentage is levied on the price of the goods at the port

of shipment in a foreign country. Most commercial nations have found it

indispensable, for the purpose of preventing fraud and perjury, to make

the duties specific whenever the article is of such a uniform value in

weight or measure as to justify such a duty. Legislation should never

encourage dishonesty or crime. It is impossible that the revenue

officers at the port where the goods are entered and the duties paid

should know with certainty what they cost in the foreign country. Yet

the law requires that they should levy the duty according to such cost.

They are therefore compelled to resort to very unsatisfactory evidence

to ascertain what that cost was. They take the invoice of the importer,

attested by his oath, as the best evidence of which the nature of the

case admits. But everyone must see that the invoice may be fabricated

and the oath by which it is supported false, by reason of which the

dishonest importer pays a part only of the duties which are paid by the

honest one, and thus indirectly receives from the Treasury of the United

States a reward for his fraud and perjury. The reports of the Secretary

of the Treasury heretofore made on this subject show conclusively that

these frauds have been practiced to a great extent. The tendency is to

destroy that high moral character for which our merchants have long been

distinguished, to defraud the Government of its revenue, to break down

the honest importer by a dishonest competition, and, finally, to

transfer the business of importation to foreign and irresponsible

agents, to the great detriment of our own citizens. I therefore again

most earnestly recommend the adoption of specific duties wherever it

is practicable, or a home valuation, to prevent these frauds.

I would also again call your attention to the fact that the present

tariff in some cases imposes a higher duty upon the raw material

imported than upon the article manufactured from it, the consequence of

which is that the duty operates to the encouragement of the foreigner

and the discouragement of our own citizens.

For full and detailed information in regard to the general condition

of our Indian affairs, I respectfully refer you to the report of the

Secretary of the Interior and the accompanying documents.

The Senate not having thought proper to ratify the treaties which have

been negotiated with the tribes of Indians in California and Oregon, our

relations with them have been left in a very unsatisfactory condition.

In other parts of our territory particular districts of country have

been set apart for the exclusive occupation of the Indians, and their

right to the lands within those limits has been acknowledged and

respected. But in California and Oregon there has been no recognition by

the Government of the exclusive right of the Indians to any part of the

country. They are therefore mere tenants at sufferance, and liable to be

driven from place to place at the pleasure of the whites.

The treaties which have been rejected proposed to remedy this evil

by allotting to the different tribes districts of country suitable

to their habits of life and sufficient for their support. This provision,

more than any other, it is believed, led to their rejection; and as

no substitute for it has been adopted by Congress, it has not been

deemed advisable to attempt to enter into new treaties of a permanent

character, although no effort has been spared by temporary arrangements

to preserve friendly relations 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 settlements of the whites, it will be proper to set apart by law the

territory which they are to occupy and to provide the means necessary

for removing them to it. Justice alike to our own citizens and to the

Indians requires the prompt action of Congress on this subject.

The amendments proposed by the Senate to the treaties which were

negotiated with the Sioux Indians of Minnesota have been submitted to

the tribes who were parties to them, and have received their assent.

A large tract of valuable territory has thus been opened for settlement

and cultivation, and all danger of collision with these powerful and

warlike bands has been happily removed.

The removal of the remnant of the tribe of Seminole Indians from Florida

has long been a cherished object of the Government, and it is one to

which my attention has been steadily directed. Admonished by past

experience of the difficulty and cost of the attempt to remove them

by military force, resort has been had to conciliatory measures.

By the invitation of the Commissioner of Indian Affairs, several of

the principal chiefs recently visited Washington, and whilst here

acknowledged in writing the obligation of their tribe to remove with

the least possible delay. Late advices from the special agent of the

Government represent that they adhere to their promise, and that a

council of their people has been called to make their preliminary

arrangements. A general emigration may therefore be confidently

expected at an early day.

The report from the General Land Office shows increased activity in

its operations. The survey of the northern boundary of Iowa has been

completed with unexampled dispatch. Within the last year 9,522,953

acres of public land have been surveyed and 8,032,463 acres brought

into market.

Acres.

In the last fiscal year there were sold.............. 1,553,071

Located with bounty-land warrants.................... 3,201,314

Located with other certificates...................... 115,682

---------

Making a total of.................................... 4,870,067

In addition there were--

Reported under swamp-land grants..................... 5,219,188

For internal improvements, railroads, etc............ 3,025,920

---------

Making an aggregate of............................... 13,115,175

Being an increase of the amount sold and located under land warrants of

569,220 acres over the previous year.

The whole amount thus sold, located under land warrants, reported under

swamp-land grants, and selected for internal improvements exceeds that

of the previous year by 3,342,372 acres; and the sales would without

doubt have been much larger but for the extensive reservations for

railroads in Missouri, Mississippi, and Alabama.

Acres.

For the quarter ending 30th September, 1852, there

were sold..... 243,255

Located with bounty-land warrants..................... 1,387,116

Located with other certificates....................... 15,649

Reported under swamp-land grants...................... 2,485,233

---------

Making an aggregate for the quarter of................ 4,131,253

Much the larger portion of the labor of arranging and classifying the

returns of the last census has been finished, and it will now devolve

upon Congress to make the necessary provision for the publication of

the results in such form as shall be deemed best. The apportionment

of representation on the basis of the new census has been made by the

Secretary of the Interior 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

report of the Secretary of the Interior that provision be made by law

for the publication and distribution, periodically, of an analytical

digest of all the patents which have been or may hereafter be granted

for useful inventions and discoveries, with such descriptions and

illustrations as may be necessary to present an intelligible view of

their nature and operation. The cost of such publication could easily

be defrayed out of the patent fund, and I am persuaded that it could be

applied to no object more acceptable to inventors and beneficial to the

public at large.

An appropriation of $100,000 having been made at the last session for

the purchase of a suitable site and for the erection, furnishing, and

fitting up of an asylum for the insane of the District of Columbia and

of the Army and Navy of the United States, the proper measures have been

adopted to carry this beneficent purpose into effect.

By the latest advices from the Mexican boundary commission it appears

that the survey of the river Gila from its confluence with the Colorado

to its supposed intersection with the western line of New Mexico has

been completed. The survey of the Rio Grande has also been finished from

the point agreed on by the commissioners as "the point where it strikes

the southern 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 to its mouth.

The appropriation which was made at the last session of Congress for the

continuation of the survey is subject to the following proviso:

_Provided_, That no part of this appropriation shall be used or

expended until it shall be made satisfactorily to appear to the

President of the United States that the southern boundary of New

Mexico is not established by the commissioner and 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 the treaty.

My attention was drawn to this subject by a report from the Department

of the Interior, which reviewed all the facts of the case and submitted

for my decision the question whether under existing circumstances any

part, of the appropriation could be lawfully used or expended for the

further prosecution of the work. After a careful consideration of the

subject I came to the conclusion that it could not, and so informed

the head of that Department. Orders were immediately issued by him to

the commissioner and surveyor to make no further requisitions on the

Department, as they could not be paid, and to discontinue all operations

on the southern line of New Mexico. But as the Department had no exact

information as to the amount of provisions and money which remained

unexpended in the hands of the commissioner and surveyor, it was left

discretionary with them to continue the survey down the Rio Grande as

far as the means at their disposal would enable them or at once to

disband the commission. A special messenger has since arrived from the

officer in charge of the survey on the river with information that the

funds subject to his control were exhausted and that the officers and

others employed in the service were destitute alike of the means of

prosecuting the work and of returning to their homes.

The object of the proviso was doubtless to arrest the survey of the

southern and western lines of New Mexico, in regard to which different

opinions have been expressed; for it is hardly to be supposed that there

could be any objection to that part of the line which extends along the

channel of the Rio Grande. But the terms of the law are so broad as to

forbid the use of any part of the money for the prosecution of the work,

or even for the payment to the officers and agents of the arrearages of

pay which are justly due to them.

I earnestly invite your prompt attention to this subject, and recommend

a modification of the terms of the proviso, so as to enable the

Department to use as much of the appropriation as will be necessary

to discharge the existing obligations of the Government and to complete

the survey of the Rio Grande to its mouth.

It will also be proper to make further provision by law for the

fulfillment of our treaty with Mexico for running and marking the

residue of the boundary line between the two countries.

Permit me to invite your particular attention to the interests of the

District of Columbia, which are confided by the Constitution to your

peculiar care.

Among the measures which seem to me of the greatest importance to its

prosperity are the introduction of a copious supply of water into the

city of Washington and the construction of suitable bridges across the

Potomac to replace those which were destroyed by high water in the early

part of the present year.

At the last session of Congress an appropriation was made to defray

the cost of the surveys necessary for determining the best means of

affording an unfailing supply of good and wholesome water. Some progress

has been made in the survey, and as soon as it is completed the result

will be laid before you.

Further appropriations will also be necessary for grading and paving the

streets and avenues and inclosing and embellishing the public grounds

within the city of Washington.

I commend all these objects, together with the charitable institutions

of the District, to your favorable regard.

Every effort has been made to protect our frontier and that of the

adjoining Mexican States from the incursions of the Indian tribes.

Of about 11,000 men of which the Army is composed, nearly 8,000 are

employed in the defense of the newly acquired territory (including

Texas) and of emigrants proceeding thereto. I am gratified to say that

these efforts have been unusually successful. With the exception of some

partial outbreaks in California and Oregon and occasional depredations

on a portion of the Rio Grande, owing, it is believed, to the disturbed

state of that border region, the inroads of the Indians have been

effectually restrained.

Experience has shown, however, that whenever the two races are brought

into contact collisions will inevitably occur. To prevent these

collisions the United States have generally set apart portions of

their territory for the exclusive occupation of the Indian tribes. A

difficulty occurs, however, in the application of this policy to Texas.

By the terms of the compact by which that State was admitted into the

Union she retained the ownership of all the vacant lands within her

limits. The government of that State, it is understood, has assigned no

portion of her territory to the Indians, but as fast as her settlements

advance lays it off into counties and proceeds to survey and sell it.

This policy manifestly tends not only to alarm and irritate the Indians,

but to compel them to resort to plunder for subsistence. It also

deprives this Government of that influence and control over them without

which no durable peace can ever exist between them and the whites. I

trust, therefore, that a due regard for her own interests, apart from

considerations of humanity and justice, will induce that State to assign

a small portion of her vast domain for the provisional occupancy of the

small remnants of tribes within her borders, subject, of course, to her

ownership and eventual jurisdiction. If she should fail to do this, the

fulfillment of our treaty stipulations with Mexico and our duty to the

Indians themselves will, it is feared, become a subject of serious

embarrassment to the Government. It is hoped, however, that a timely

and just provision by Texas may avert this evil.

No appropriations for fortifications were made at the two last sessions

of Congress. The cause of this omission is probably to be found in a

growing belief that the system of fortifications adopted in 1816, and

heretofore acted on, requires revision.

The subject certainly deserves full and careful investigation, but

it should not be delayed longer than can be avoided. In the meantime

there are certain works which have been commenced, some of them nearly

completed, designed to protect our principal seaports from Boston to New

Orleans and a few other important points. In regard to the necessity for

these works, it is believed that little difference of opinion exists

among military men. I therefore recommend that the appropriations

necessary to prosecute them be made.

I invite your attention to the remarks on this subject and on others

connected with his Department contained in the accompanying report of

the Secretary of War.

Measures have been taken to carry into effect the law of the last

session making provision for the improvement of certain rivers and

harbors, and it is believed that the arrangements made for that purpose

will combine efficiency with economy. Owing chiefly to the advanced

season when the act was passed, little has yet been done in regard

to many of the works beyond making the necessary preparations. With

respect to a few of the improvements, the sums already appropriated

will suffice to complete them; but most of them will require additional

appropriations. I trust that these appropriations will be made, and

that this wise and beneficent policy, so auspiciously resumed, will be

continued. Great care should be taken, however, to commence no work

which is not of sufficient importance to the commerce of the country

to be viewed as national in its character. But works 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 prosperous

condition of the branch of the public service committed to its charge.

It presents to your consideration many topics and suggestions of which

I ask your approval. It exhibits an unusual degree of activity in the

operations of the Department during the past year. The preparations for

the Japan expedition, to which I have already alluded; the arrangements

made for the exploration and survey of the China Seas, the Northern

Pacific, and Behrings Straits; the incipient measures taken toward a

reconnaissance of the continent of Africa eastward of Liberia; the

preparation for an early examination of the tributaries of the river La

Plata, which a recent decree of the provisional chief of the Argentine

Confederation has opened to navigation--all these enterprises and the

means by which they are proposed to be accomplished have commanded my

full approbation, and I have no doubt will be productive of most useful

results.

Two officers of the Navy were heretofore instructed to explore the whole

extent of the Amazon River from the confines of Peru to its mouth. The

return of one of them has placed in the possession of the Government an

interesting and valuable account of the character and resources of a

country abounding in the materials of commerce, and which if opened to

the industry of the world will prove an inexhaustible fund of wealth.

The report of this exploration will be communicated to you as soon as

it is completed.

Among other subjects offered to your notice by the Secretary of the

Navy, I select for special commendation, in view of its connection

with the interests of the Navy, the plan submitted by him for the

establishment of a permanent corps of seamen and the suggestions he

has presented for the reorganization of the Naval Academy.

In reference to the first of these, I take occasion to say that I think

it will greatly improve the efficiency of the service, and that I regard

it as still more entitled to favor for the salutary influence it must

exert upon the naval discipline, now greatly disturbed by the increasing

spirit of insubordination resulting from our present system. The plan

proposed for the organization of the seamen furnishes a judicious

substitute for the law of September, 1850, abolishing corporal

punishment, and satisfactorily sustains the policy of that act under

conditions well adapted to maintain the authority of command and the

order and security of our ships. It is believed that any change which

proposes permanently to dispense with this mode of punishment should be

preceded by a system of enlistment which shall supply the Navy with

seamen of the most meritorious class, whose good deportment and pride

of character may preclude all occasion for a resort to penalties of a

harsh or degrading nature. The safety of a ship and her crew is often

dependent upon immediate obedience to a command, and the authority to

enforce it must be equally ready. The arrest of a refractory seaman

in such moments not only deprives the ship of indispensable aid, but

imposes a necessity for double service on others, whose fidelity to

their duties may be relied upon in such an emergency. The exposure to

this increased and arduous labor since the passage of the act of 1850

has already had, to a most observable and injurious extent, the effect

of preventing the enlistment of the best seamen in the Navy. The plan

now suggested is designed to promote a condition of service in which

this objection will no longer exist. The details of this plan may be

established in great part, if not altogether, by the Executive under the

authority of existing laws, but I have thought it proper, in accordance

with the suggestion of the Secretary of the Navy, to submit it to your

approval.

The establishment of a corps of apprentices for the Navy, or boys to

be enlisted until they become of age, and to be employed under such

regulations as the Navy Department may devise, as proposed in the

report, I cordially approve and commend to your consideration; and

I also concur in the suggestion that this system for the early training

of seamen may be most usefully ingrafted upon the service of our merchant

marine.

The other proposition of the report to which I have referred--the

reorganization of the Naval Academy--I recommend to your attention as a

project worthy of your encouragement and support. The valuable services

already rendered by this institution entitle it to the continuance of

your fostering care.

Your attention is respectfully called to the report of the

Postmaster-General for the detailed operation of his Department during

the last fiscal year, from which it will be seen that the receipts from

postages for that time were less by $1,431,696 than for the preceding

fiscal year, being a decrease of about 23 per cent.

This diminution is attributable to the reduction in the rates of postage

made by the act of March 3, 1851, which reduction took effect at the

commencement of the last fiscal year.

Although in its operation during the last year the act referred to

has not fulfilled the predictions of its friends by increasing the

correspondence of the country in proportion to the reduction of postage,

I should, nevertheless, question the policy of returning to higher

rates. Experience warrants the expectation that as the community becomes

accustomed to cheap postage correspondence will increase. It is believed

that from this cause and from the rapid growth of the country in

population and business the receipts of the Department must ultimately

exceed its expenses, and that the country may safely rely upon the

continuance of the present cheap rate of postage.

In former messages I have, among other things, respectfully recommended

to the consideration of Congress the propriety and necessity of further

legislation for the protection and punishment of foreign consuls

residing in the United States; to revive, with certain modifications,

the act of 10th March, 1838, to restrain unlawful military expeditions

against the inhabitants of conterminous states or territories; for the

preservation and protection from mutilation or theft of the papers,

records, and archives of the nation; for authorizing the surplus revenue

to be applied to the payment 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 in California and the Territory of Oregon;

for the construction of a road from the Mississippi Valley to the

Pacific Ocean; for the establishment of a bureau of agriculture for the

promotion of that interest, perhaps the most important in the country;

for the prevention of frauds upon the Government in applications for

pensions and bounty lands; for the establishment of a uniform fee bill,

prescribing a specific compensation for every service required of

clerks, district attorneys, and marshals; for authorizing an additional

regiment of mounted men for the defense of our frontiers against the

Indians and for fulfilling our treaty stipulations with Mexico to defend

her citizens against the Indians "with equal diligence and energy as our

own;" for determining the relative rank between the naval and civil

officers in our public ships and between the officers of the Army

and Navy in the various grades of each; for reorganizing the naval

establishment by fixing the number of officers in each grade, and

providing for a retired list upon reduced pay of those unfit for active

duty; for prescribing and regulating punishments in the Navy; for the

appointment of a commission to revise the public statutes of the United

States by arranging them in order, supplying deficiencies, correcting

incongruities, simplifying their language, and reporting them to

Congress for its final action; and for the establishment of a commission

to adjudicate and settle private claims against the United States. I am

not aware, however, that any of these subjects have been finally acted

upon by Congress. Without repeating the reasons for legislation on these

subjects which have been assigned in former messages, I respectfully

recommend them again to your favorable consideration.

I think it due to the several Executive Departments of this Government

to bear testimony to the efficiency and integrity with which they are

conducted. With all the careful superintendence which it is possible for

the heads of those Departments to exercise, still the due administration

and guardianship of the public money must very much depend on the

vigilance, intelligence, and fidelity of the subordinate officers and

clerks, and especially on those intrusted with the settlement and

adjustment of claims and accounts. I am gratified to believe that they

have generally performed their duties faithfully and well. They are

appointed to guard the approaches to the public Treasury, and they

occupy positions that expose them to all the temptations and seductions

which the cupidity of peculators and fraudulent claimants can prompt

them to employ. It will be but a wise precaution to protect the

Government against that source of mischief and corruption, as far as it

can be done, by the enactment of all proper legal penalties. The laws

in this respect are supposed to be defective, and I therefore deem it

my duty to call your attention to the subject and to recommend that

provision be made by law for the punishment not only of those who shall

accept bribes, but also of those who shall either promise, give, or

offer to give to any of those officers or clerks a bribe or reward

touching or relating to any matter of their official action or duty.

It has been the uniform policy of this Government, from its foundation

to the present day, to abstain from all interference in the domestic

affairs of other nations. The consequence has been that while the

nations of Europe have been engaged in desolating wars our country has

pursued its peaceful course to unexampled prosperity and happiness. The

wars in which we have been compelled to engage in defense of the rights

and honor of the country have been, fortunately, of short duration.

During the terrific contest of nation against nation which succeeded

the French Revolution we were enabled by the wisdom and firmness of

President Washington to maintain our neutrality. While other nations

were drawn into this wide-sweeping whirlpool, we sat quiet and unmoved

upon our own shores. While the flower of their numerous armies was

wasted by disease or perished by hundreds of thousands upon the

battlefield, the youth of this favored land were permitted to enjoy the

blessings of peace beneath the paternal roof. While the States of Europe

incurred enormous debts, under the burden of which their subjects still

groan, and which must absorb no small part of the product of the honest

industry of those countries for generations to come, the United States

have once been enabled to exhibit the proud spectacle of a nation free

from public debt, and if permitted to pursue our prosperous way 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

no longer separated from us by a voyage of months, but steam navigation

has brought her within a few days' sail of our shores. We see more of

her movements and take a deeper interest in her controversies. Although

no one proposes that we should join the fraternity of potentates who

have for ages lavished the blood and treasure of their subjects in

maintaining "the balance of power," yet it is said that we ought to

interfere between contending sovereigns and their subjects for the

purpose of overthrowing the monarchies of Europe and establishing

in their place republican institutions. It is alleged that we have

heretofore pursued a different course from a sense of our weakness, but

that now our conscious strength dictates a change of policy, and that it

is consequently our duty to mingle in these contests and aid those who

are struggling for liberty.

This is a most seductive but dangerous appeal to the generous sympathies

of freemen. Enjoying, as we do, the blessings of a free Government,

there is no man who has an American heart that would not rejoice to see

these blessings extended to all other nations. We can not witness the

struggle between the oppressed and his oppressor anywhere without the

deepest sympathy for the former and the most anxious desire for his

triumph. Nevertheless, is it prudent or is it wise to involve ourselves

in these foreign wars? Is it indeed true that we have heretofore

refrained from doing so merely from the degrading motive of a conscious

weakness? For the honor of the patriots who have gone before us, I can

not admit it. Men of the Revolution, who drew the sword against the

oppressions of the mother country and pledged to Heaven "their lives,

their fortunes, and their sacred honor" to maintain their freedom, could

never have been actuated by so unworthy a motive. They knew no weakness

or fear where right or duty pointed the way, and it is a libel upon

their fair fame for us, while we enjoy the blessings for which they so

nobly fought and bled, to insinuate it. The truth is that the course

which they pursued was dictated by a stern sense of international

justice, by a statesmanlike prudence and a far-seeing wisdom, looking

not merely to the present necessities but to the permanent safety and

interest of the country. They knew that the world is governed less by

sympathy than by reason and force; that it was not possible for this

nation to become a "propagandist" of free principles without arraying

against it the combined powers of Europe, and that the result was

more likely to be the overthrow of republican liberty here than its

establishment there. History has been written in vain for those who

can doubt this. France had no sooner established a republican form of

government than she manifested a desire to force its blessings on all

the world. Her own historian informs us that, hearing of some petty

acts of tyranny in a neighboring principality, "the National Convention

declared that she would afford succor and fraternity to all nations

who wished to recover their liberty, and she gave it in charge to the

executive power to give orders to the generals of the French armies

to aid all citizens who might have been or should be oppressed in the

cause of liberty." Here was the false step which led to her subsequent

misfortunes. She soon found herself involved in war with all the rest

of Europe. In less than ten years her Government was changed from a

republic to an empire, and finally, after shedding rivers of blood,

foreign powers restored her exiled dynasty and exhausted Europe sought

peace and repose in the unquestioned ascendency of monarchical

principles. Let us learn wisdom from her example. Let us remember that

revolutions do not always establish freedom. Our own free institutions

were not the offspring of our Revolution. They existed before. They

were planted in the free charters of self-government under which the

English colonies grew up, and our Revolution only freed us from the

dominion of a foreign power whose government was at variance with

those institutions. But European nations have had no such training for

self-government, and every effort to establish it by bloody revolutions

has been, and must without that preparation continue to be, a failure.

Liberty unregulated by law degenerates into anarchy, which soon becomes

the most horrid of all despotisms. Our policy is wisely to govern

ourselves, and thereby to set such an example of national justice,

prosperity, and true glory as shall teach to all nations the blessings

of self-government and the unparalleled enterprise and success of a free

people.

We live in an age of progress, and ours is emphatically a country of

progress. Within the last half century the number of States in this

Union has nearly doubled, the population has almost quadrupled, and our

boundaries have been extended from the Mississippi to the Pacific. Our

territory is checkered over with railroads and furrowed with canals. The

inventive talent of our country is excited to the highest pitch, and the

numerous applications for patents for valuable improvements distinguish

this age and this people from all others. The genius of one American has

enabled our commerce to move against wind and tide and that of another

has annihilated distance in the transmission of intelligence. The

whole country is full of enterprise. Our common schools are diffusing

intelligence among the people and our industry is fast accumulating the

comforts and luxuries of life. This is in part owing to our peculiar

position, to our fertile soil and comparatively sparse population;

but much of it is also owing to the popular institutions under which

we live, to the freedom which every man feels to engage in any useful

pursuit according to his taste or inclination, and to the entire

confidence that his person and property will be protected by the laws.

But whatever may be the cause of this unparalleled growth in population,

intelligence, and wealth, one thing is clear--that the Government must

keep pace with the progress of the people. It must participate in their

spirit of enterprise, and while it exacts obedience to the laws and

restrains all unauthorized invasions of the rights of neighboring

states, it should foster and protect home industry and lend its powerful

strength to the improvement of such means of intercommunication as are

necessary to promote our internal commerce and strengthen the ties which

bind us together as a people.

It is not strange, however much it may be regretted, that such an

exuberance of enterprise should cause some individuals to mistake change

for progress and the invasion of the rights of others for national

prowess and glory. The former are constantly agitating for some change

in the organic law, or urging new and untried theories of human rights.

The latter are ever ready to engage in any wild crusade against a

neighboring people, regardless of the justice of the enterprise and

without looking at the fatal 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 without exposing themselves to danger, and are led on by

some irresponsible foreigner, who abuses the hospitality of our own

Government by, seducing the young and ignorant to join in his scheme of

personal ambition or revenge under the false and delusive pretense of

extending the area of freedom. These reprehensible aggressions but

retard the true progress of our nation and tarnish its fair fame. They

should therefore receive the indignant frowns of every good citizen who

sincerely loves his country and takes a pride in its prosperity and

honor.

Our Constitution, though not perfect, is doubtless the best that ever

was formed. Therefore let every proposition to change it be well weighed

and, if found beneficial, cautiously adopted. Every patriot will rejoice

to see its authority so exerted as to advance the prosperity and honor

of the nation, whilst he will watch with jealousy any attempt to

mutilate this charter of our liberties or pervert its powers to acts

of aggression or injustice. Thus shall conservatism and progress blend

their harmonious action in preserving the form and spirit of the

Constitution and at the same time carry forward the great improvements

of the 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 are respected, and its high place in the family of

nations cheerfully recognized. At home we enjoy an amount of happiness,

public and private, which has probably never fallen to the lot of

any other people. Besides affording to our own citizens a degree of

prosperity of which on so large a scale I know of no other instance,

our country is annually affording a refuge and a home to multitudes,

altogether without example, from the Old World.

We owe these blessings, under Heaven, to the happy Constitution and

Government which were bequeathed to us by our fathers, and which it is

our sacred duty to transmit in all their integrity to our children. We

must all consider it a great distinction and privilege to have been

chosen by the people to bear a part in the administration of such a

Government. Called by an unexpected dispensation to its highest trust at

a season of embarrassment and alarm, I entered upon its arduous duties

with extreme diffidence. I claim only to have discharged them to the

best of an humble ability, with a single eye to the public good, and

it is with devout gratitude in retiring from office that I leave the

country in a state of peace and prosperity.

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