and exclude a State which, acting upon the past practice of the Government,
has already formed its constitution, elected its legislature and other
officers, and is now prepared to enter the Union. The rule ought to be
adopted, whether we consider its bearing on the people of the Territories
or upon the people of the existing States. Many of the serious dissentions
which have prevailed in Congress and throughout the country would have been
avoided had this rule been established at an earlier period of the
Government.
Immediately upon the formation of a new Territory people from different
States and from foreign countries rush into it for the laudable purpose of
improving their condition. Their first duty to themselves is to open and
cultivate farms, to construct roads, to establish schools, to erect places
of religious worship, and to devote their energies generally to reclaim the
wilderness and to lay the foundations of a flourishing and prosperous
commonwealth. If in this incipient condition, with a population of a few
thousand, they should prematurely enter the Union, they are oppressed by
the burden of State taxation, and the means necessary for the improvement
of the Territory and the advancement of their own interests are thus
diverted to very different purposes.
The Federal Government has ever been a liberal parent to the Territories
and a generous contributor to the useful enterprises of the early settlers.
It has paid the expenses of their governments and legislative assemblies
out of the common Treasury, and thus relieved them from a heavy charge.
Under these circumstances nothing can be better calculated to retard their
material progress than to divert them from their useful employments by
prematurely exciting angry political contests among themselves for the
benefit of aspiring leaders. It is surely no hardship for embryo governors,
Senators, and Members of Congress to wait until the number of inhabitants
shall equal those of a single Congressional district. They surely ought not
to be permitted to rush into the Union with a population less than one-half
of several of the large counties in the interior of some of the States.
This was the condition of Kansas when it made application to be admitted
under the Topeka constitution. Besides, it requires some time to render the
mass of a population collected in a new Territory at all homogeneous and to
unite them on anything like a fixed policy. Establish the rule, and all
will look forward to it and govern themselves accordingly. But justice to
the people of the several States requires that this rule should be
established by Congress. Each State is entitled to two Senators and at
least one Representative in Congress. Should the people of the States fail
to elect a Vice-President, the power devolves upon the Senate to select
this officer from the two highest candidates on the list. In case of the
death of the President, the Vice-President thus elected by the Senate
becomes President of the United States. On all questions of legislation the
Senators from the smallest States of the Union have an equal vote with
those from the largest. The same may be said in regard to the ratification
of treaties and of Executive appointments. All this has worked admirably in
practice, whilst it conforms in principle with the character of a
Government instituted by sovereign States. I presume no American citizen
would desire the slightest change in the arrangement. Still, is it not
unjust and unequal to the existing States to invest some 40,000 or 50,000
people collected in a Territory with the attributes of sovereignty and
place them on an equal footing with Virginia and New York in the Senate of
the United States?
For these reasons I earnestly recommend the passage of a general act which
shall provide that, upon the application of a Territorial legislature
declaring their belief that the Territory contains a number of inhabitants
which, if in a State, would entitle them to elect a Member of Congress, it
shall be the duty of the President to cause a census of the inhabitants to
be taken, and if found sufficient then by the terms of this act to
authorize them to proceed "in their own way" to frame a State constitution
preparatory to admission into the Union. I also recommend that an
appropriation may be made to enable the President to take a census of the
people of Kansas.
The present condition of the Territory of Utah, when contrasted with what
it was one year ago, is a subject for congratulation. It was then in a
state of open rebellion, and, cost what it might, the character of the
Government required that this rebellion should be suppressed and the
Mormons compelled to yield obedience to the Constitution and the laws. In
order to accomplish this object, as I informed you in my last annual
message, I appointed a new governor instead of Brigham Young, and other
Federal officers to take the place of those who, consulting their personal
safety, had found it necessary to withdraw from the Territory.
To protect these civil officers, and to aid them, as a posse comitatus, in
the execution of the laws in case of need, I ordered a detachment of the
Army to accompany them to Utah. The necessity for adopting these measures
is now demonstrated.
On the 15th of September, 1857, Governor Young issued his proclamation, in
the style of an independent sovereign, announcing his purpose to resist by
force of arms the entry of the United States troops into our own Territory
of Utah. By this he required all the forces in the Territory to "hold
themselves in readiness to march at a moment's notice to repel any and all
such invasion," and established martial law from its date throughout the
Territory. These proved to be no idle threats. Forts Bridger and Supply
were vacated and burnt down by the Mormons to deprive our troops of a
shelter after their long and fatiguing march. Orders were issued by Daniel
H. Wells, styling himself "Lieutenant General, Nauvoo Legion," to stampede
the animals of the United States troops on their march, to set fire to
their trains, to burn the grass and the whole country before them and on
their flanks, to keep them from sleeping by night surprises, and to
blockade the road by felling trees and destroying the fords of rivers,
etc.
These orders were promptly and effectually obeyed. On the 4th of October,
1857, the Mormons captured and burned, on Green River, three of our supply
trains, consisting of seventy-five wagons loaded with provisions and tents
for the army, and carried away several hundred animals. This diminished the
supply of provisions so materially that General Johnston was obliged to
reduce the ration, and even with this precaution there was only sufficient
left to subsist the troops until the 1st of June.
Our little army behaved admirably in their encampment at Fort Bridger under
these trying privations. In the midst of the mountains, in a dreary,
unsettled, and inhospitable region, more than a thousand miles from home,
they passed the severe and inclement winter without a murmur. They looked
forward with confidence for relief from their country in due season, and in
this they were not disappointed. The Secretary of War employed all his
energies to forward them the necessary supplies and to muster and send such
a military force to Utah as would render resistance on the part of the
Mormons hopeless, and thus terminate the war without the effusion of blood.
In his efforts he was efficiently sustained by Congress. They granted
appropriations sufficient to cover the deficiency thus necessarily created,
and also provided for raising two regiments of volunteers "for the purpose
of quelling disturbances in the Territory of Utah, for the protection of
supply and emigrant trains, and the suppression of Indian hostilities on
the frontiers." Happily, there was no occasion to call these regiments into
service. If there had been, I should have felt serious embarrassment in
selecting them, so great was the number of our brave and patriotic citizens
anxious to serve their country in this distant and apparently dangerous
expedition. Thus it has ever been, and thus may it ever be.
The wisdom and economy of sending sufficient reenforcements to Utah are
established, not only by the event, but in the opinion of those who from
their position and opportunities are the most capable of forming a correct
judgment. General Johnston, the commander of the forces, in addressing the
Secretary of War from Fort Bridger under date of October 18, 1857,
expresses the opinion that "unless a large force is sent here, from the
nature of the country a protracted war on their [the Mormons's] part is
inevitable." This he considered necessary to terminate the war "speedily
and more economically than if attempted by insufficient means."
In the meantime it was my anxious desire that the Mormons should yield
obedience to the Constitution and the laws without rendering it necessary
to resort to military force. To aid in accomplishing this object, I deemed
it advisable in April last to dispatch two distinguished citizens of the
United States, Messrs. Powell and McCulloch, to Utah. They bore with them a
proclamation addressed by myself to the inhabitants of Utah, dated on the
6th day of that month, warning them of their true condition and how
hopeless it was on their part to persist in rebellion against the United
States, and offering all those who should submit to the laws a full pardon
for their past seditions and treasons. At the same time I assured those who
should persist in rebellion against the United States that they must expect
no further lenity, but look to be rigorously dealt with according to their
deserts. The instructions to these agents, as well as a copy of the
proclamation and their reports, are herewith submitted. It will be seen by
their report of the 3d of July last that they have fully confirmed the
opinion expressed by General Johnston in the previous October as to the
necessity of sending reenforcements to Utah. In this they state that they
"are firmly impressed with the belief that the presence of the Army here
and the large additional force that had been ordered to this Territory were
the chief inducements that caused the Mormons to abandon the idea of
resisting the authority of the United States. A less decisive policy would
probably have resulted in a long, bloody, and expensive war."
These gentlemen conducted themselves to my entire satisfaction and rendered
useful services in executing the humane intentions of the Government.
It also affords me great satisfaction to state that Governor Cumming has
performed his duty in an able and conciliatory manner and with the happiest
effect. I can not in this connection refrain from mentioning the valuable
services of Colonel Thomas L. Kane, who, from motives of pure benevolence
and without any official character or pecuniary compensation, visited Utah
during the last inclement winter for the purpose of contributing to the
pacification of the Territory.
I am happy to inform you that the governor and other civil officers of Utah
are now performing their appropriate functions without resistance. The
authority of the Constitution and the laws has been fully restored and
peace prevails throughout the Territory. A portion of the troops sent to
Utah are now encamped in Cedar Valley, 44 miles southwest of Salt Lake
City, and the remainder have been ordered to Oregon to suppress Indian
hostilities.
The march of the army to Salt Lake City through the Indian Territory has had
a powerful effect in restraining the hostile feelings against the United
States which existed among the Indians in that region and in securing
emigrants to the far West against their depredations. This will also be the
means of establishing military posts and promoting settlements along the
route. I recommend that the benefits of our land laws and preemption system
be extended to the people of Utah by the establishment of a land office in
that Territory.
I have occasion also to congratulate you on the result of our negotiations
with China.
You were informed by my last annual message that our minister had been
instructed to occupy a neutral position in the hostilities conducted by
Great Britain and France against Canton. He was, however, at the same time
directed to cooperate cordially with the British and French ministers in
all peaceful measures to secure by treaty those just concessions to foreign
commerce which the nations of the world had a right to demand. It was
impossible for me to proceed further than this on my own authority without
usurping the war-making power, which under the Constitution belongs
exclusively to Congress.
Besides, after a careful examination of the nature and extent of our
grievances, I did not believe they were of such a pressing and aggravated
character as would have justified Congress in declaring war against the
Chinese Empire without first making another earnest attempt to adjust them
by peaceful negotiation. I was the more inclined to this opinion because of
the severe chastisement which had then but recently been inflicted upon the
Chinese by our squadron in the capture and destruction of the Barrier forts
to avenge an alleged insult to our flag. The event has proved the wisdom of
our neutrality. Our minister has executed his instructions with eminent
skill and ability. In conjunction with the Russian plenipotentiary, he has
peacefully, but effectually, cooperated with the English and French
plenipotentiaries, and each of the four powers has concluded a separate
treaty with China of a highly satisfactory character. The treaty concluded
by our own plenipotentiary will immediately be submitted to the Senate.
I am happy to announce that through the energetic yet conciliatory efforts
of our consul-general in Japan a new treaty has been concluded with that
Empire, which may be expected materially to augment our trade and
intercourse in that quarter and remove from our countrymen the disabilities
which have heretofore been imposed upon the exercise of their religion. The
treaty shall be submitted to the Senate for approval without delay.
It is my earnest desire that every misunderstanding with the Government of
Great Britain should be amicably and speedily adjusted. It has been the
misfortune of both countries, almost ever since the period of the
Revolution, to have been annoyed by a succession of irritating and
dangerous questions, threatening their friendly relations. This has
partially prevented the full development of those feelings of mutual
friendship between the people of the two countries so natural in themselves
and so conducive to their common interest. Any serious interruption of the
commerce between the United States and Great Britain would be equally
injurious to both. In fact, no two nations have ever existed on the face of
the earth which could do each other so much good or so much harm.
Entertaining these sentiments, I am gratified to inform you that the
long-pending controversy between the two Governments in relation to the
question of visitation and search has been amicably adjusted. The claim on
the part of Great Britain forcibly to visit American vessels on the high
seas in time of peace could not be sustained under the law of nations, and
it had been overruled by her own most eminent jurists. This question was
recently brought to an issue by the repeated acts of British cruisers in
boarding and searching our merchant vessels in the Gulf of Mexico and the
adjacent seas. These acts were the more injurious and annoying, as these
waters are traversed by a large portion of the commerce and navigation of
the United States and their free and unrestricted use is essential to the
security of the coastwise trade between the different States of the Union.
Such vexatious interruptions could not fail to excite the feelings of the
country and to require the interposition of the Government. Remonstrances
were addressed to the British Government against these violations of our
rights of sovereignty, and a naval force was at the same time ordered to
the Cuban waters with directions "to protect all vessels of the United
States on the high seas from search or detention by the vessels of war of
any other nation." These measures received the unqualified and even
enthusiastic approbation of the American people. Most fortunately, however,
no collision took place, and the British Government promptly avowed its
recognition of the principles of international law upon this subject as
laid down by the Government of the United States in the note of the
Secretary of State to the British minister at Washington of April 10, 1858,
which secure the vessels of the United States upon the high seas from
visitation or search in time of peace under any circumstances whatever. The
claim has been abandoned in a manner reflecting honor on the British
Government and evincing a just regard for the law of nations, and can not
fail to strengthen the amicable relations between the two countries.
The British Government at the same time proposed to the United States that
some mode should be adopted, by mutual arrangement between the two
countries, of a character which may be found effective without being
offensive, for verifying the nationality of vessels suspected on good
grounds of carrying false colors. They have also invited the United States
to take the initiative and propose measures for this purpose. Whilst
declining to assume so grave a responsibility, the Secretary of State has
informed the British Government that we are ready to receive any proposals
which they may feel disposed to offer having this object in view, and to
consider them in an amicable spirit. A strong opinion is, however,
expressed that the occasional abuse of the flag of any nation is an evil
far less to be deprecated than would be the establishment of any
regulations which might be incompatible with the freedom of the seas. This
Government has yet received no communication specifying the manner in which
the British Government would propose to carry out their suggestion, and I
am inclined to believe that no plan which can be devised will be free from
grave embarrassments. Still, I shall form no decided opinion on the subject
until I shall have carefully and in the best spirit examined any proposals
which they may think proper to make.
I am truly sorry I can not also inform you that the complications between
Great Britain and the United States arising out of the Clayton and Bulwer
treaty of April, 1850, have been finally adjusted.
At the commencement of your last session I had reason to hope that,
emancipating themselves from further unavailing discussions, the two
Governments would proceed to settle the Central American questions in a
practical manner, alike honorable and satisfactory to both; and this hope I
have not yet abandoned. In my last annual message I stated that overtures
had been made by the British Government for this purpose in a friendly
spirit, which I cordially reciprocated. Their proposal was to withdraw
these questions from direct negotiation between the two Governments, but to
accomplish the same object by a negotiation between the British Government
and each of the Central American Republics whose territorial interests are
immediately involved. The settlement was to be made in accordance with the
general tenor of the interpretation placed upon the Clayton and Bulwer
treaty by the United States, with certain modifications. As negotiations
are still pending upon this basis, it would not be proper for me now to
communicate their present condition. A final settlement of these questions
is greatly to be desired, as this would wipe out the last remaining subject
of dispute between the two countries.
Our relations with the great Empires of France and Russia, as well as with
all other Governments on the continent of Europe, except that of Spain,
continue to be of the most friendly character.
With Spain our relations remain in an unsatisfactory condition. In my
message of December last I informed you that our envoy extraordinary and
minister plenipotentiary to Madrid had asked for his recall, and it was my
purpose to send out a new minister to that Court with special instructions
on all questions pending between the two Governments, and with a
determination to have them speedily and amicably adjusted if that were
possible. This purpose has been hitherto defeated by causes which I need
not enumerate. The mission to Spain has been intrusted to a distinguished
citizen of Kentucky, who will proceed to Madrid without delay and make
another and a final attempt to obtain justice from that Government.
Spanish officials under the direct control of the Captain-General of Cuba
have insulted our national flag and in repeated instances have from time to
time inflicted injuries on the persons and property of our citizens. These
have given birth to numerous claims against the Spanish Government, the
merits of which have been ably discussed for a series of years by our
successive diplomatic representatives. Notwithstanding this, we have not
arrived at a practical result in any single instance, unless we may except
the case of the Black Warrior, under the late Administration, and that
presented an outrage of such a character as would have justified an
immediate resort to war. All our attempts to obtain redress have been
baffled and defeated. The frequent and oft-recurring changes in the Spanish
ministry have been employed as reasons for delay. We have been compelled to
wait again and again until the new minister shall have had time to
investigate the justice of our demands.
Even what have been denominated "the Cuban claims," in which more than 100
of our citizens are directly interested, have furnished no exception. These
claims were for the refunding of duties unjustly exacted from American
vessels at different custom-houses in Cuba so long ago as the year 1844.
The principles upon which they rest are so manifestly equitable and just
that, after a period of nearly ten years, in 1854 they were recognized by
the Spanish Government. Proceedings were afterwards instituted to ascertain
their amount, and this was finally fixed, according to their own statement
(with which we were satisfied), at the sum of $128,635.54. Just at the
moment, after a delay of fourteen years, when we had reason to expect that
this sum would be repaid with interest, we have received a proposal
offering to refund one-third of that amount ($42,878.41), but without
interest, if we would accept this in full satisfaction. The offer is also
accompanied by a declaration that this indemnification is not founded on
any reason of strict justice, but is made as a special favor.