Of course it would be unjust to give this rule a retrospective application,

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.

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