our claims arises from an obstacle which it is the duty of the Spanish
Government to remove. Whilst the Captain-General of Cuba is invested with
general despotic authority in the government of that island, the power is
withheld from him to examine and redress wrongs committed by officials
under his control on citizens of the United States. Instead of making our
complaints directly to him at Havana, we are obliged to present them
through our minister at Madrid. These are then referred back to the
Captain-General for information, and much time is thus consumed in
preliminary investigations and correspondence between Madrid and Cuba
before the Spanish Government will consent to proceed to negotiation. Many
of the difficulties between the two Governments would be obviated and a
long train of negotiation avoided if the Captain-General were invested with
authority to settle questions of easy solution on the spot, where all the
facts are fresh and could be promptly and satisfactorily ascertained. We
have hitherto in vain urged upon the Spanish Government to confer this
power upon the Captain-General, and our minister to Spain will again be
instructed to urge this subject on their notice. In this respect we occupy
a different position from the powers of Europe. Cuba is almost within sight
of our shores; our commerce with it is far greater than that of any other
nation, including Spain itself, and our citizens are in habits of daily and
extended personal intercourse with every part of the island. It is
therefore a great grievance that when any difficulty occurs, no matter how
unimportant, which might be readily settled at the moment, we should be
obliged to resort to Madrid, especially when the very first step to be
taken there is to refer it back to Cuba.
The truth is that Cuba, in its existing colonial condition, is a constant
source of injury and annoyance to the American people. It is the only spot
in the civilized world where the African slave trade is tolerated, and we
are bound by treaty with Great Britain to maintain a naval force on the
coast of Africa, at much expense both of life and treasure, solely for the
purpose of arresting slavers bound to that island. The late serious
difficulties between the United States and Great Britain respecting the
right of search, now so happily terminated, could never have arisen if Cuba
had not afforded a market for slaves. As long as this market shall remain
open there can be no hope for the civilization of benighted Africa. Whilst
the demand for slaves continues in Cuba wars will be waged among the petty
and barbarous chiefs in Africa for the purpose of seizing subjects to
supply this trade. In such a condition of affairs it is impossible that the
light of civilization and religion can ever penetrate these dark abodes.
It has been made known to the world by my predecessors that the United
States have on several occasions endeavored to acquire Cuba from Spain by
honorable negotiation. If this were accomplished, the last relic of the
African slave trade would instantly disappear. We would not, if we could,
acquire Cuba in any other manner. This is due to our national character.
All the territory which we have acquired since the origin of the Government
has been by fair purchase from France, Spain, and Mexico or by the free and
voluntary act of the independent State of Texas in blending her destinies
with our own. This course we shall ever pursue, unless circumstances should
occur which we do not now anticipate, rendering a departure from it clearly
justifiable under the imperative and overruling law of self-preservation.
The island of Cuba, from its geographical position, commands the mouth of
the Mississippi and the immense and annually increasing trade, foreign and
coastwise, from the valley of that noble river, now embracing half the
sovereign States of the Union. With that island under the dominion of a
distant foreign power this trade, of vital importance to these States, is
exposed to the danger of being destroyed in time of war, and it has
hitherto been subjected to perpetual injury and annoyance in time of peace.
Our relations with Spain, which ought to be of the most friendly character,
must always be placed in jeopardy whilst the existing colonial government
over the island shall remain in its present condition.
Whilst the possession of the island would be of vast importance to the
United States, its value to Spain is comparatively unimportant. Such was
the relative situation of the parties when the great Napoleon transferred
Louisiana to the United States. Jealous as he ever was of the national
honor and interests of France, no person throughout the world has imputed
blame to him for accepting a pecuniary equivalent for this cession.
The publicity which has been given to our former negotiations upon this
subject and the large appropriation which may be required to effect the
purpose render it expedient before making another attempt to renew the
negotiation that I should lay the whole subject before Congress. This is
especially necessary, as it may become indispensable to success that I
should be intrusted with the means of making an advance to the Spanish
Government immediately after the signing of the treaty, without awaiting
the ratification of it by the Senate. I am encouraged to make this
suggestion by the example of Mr. Jefferson previous to the purchase of
Louisiana from France and by that of Mr. Polk in view of the acquisition of
territory from Mexico. I refer the whole subject to Congress and commend it
to their careful consideration.
I repeat the recommendation made in my message of December last in favor of
an appropriation "to be paid to the Spanish Government for the purpose of
distribution among the claimants in the Amistad case." President Polk first
made a similar recommendation in December, 1847, and it was repeated by my
immediate predecessor in December, 1853. I entertain no doubt that
indemnity is fairly due to these claimants under our treaty with Spain of
October 27, 1795; and whilst demanding justice we ought to do justice. An
appropriation promptly made for this purpose could not fail to exert a
favorable influence on our negotiations with Spain.
Our position in relation to the independent States south of us on this
continent, and especially those within the limits of North America, is of a
peculiar character. The northern boundary of Mexico is coincident with our
own southern boundary from ocean to ocean, and we must necessarily feel a
deep interest in all that concerns the well-being and the fate of so near a
neighbor. We have always cherished the kindest wishes for the success of
that Republic, and have indulged the hope that it might at last, after all
its trials, enjoy peace and prosperity under a free and stable government.
We have never hitherto interfered, directly or indirectly, with its
internal affairs, and it is a duty which we owe to ourselves to protect the
integrity of its territory against the hostile interference of any other
power. Our geographical position, our direct interest in all that concerns
Mexico, and our well-settled policy in regard to the North American
continent render this an indispensable duty.
Mexico has been in a state of constant revolution almost ever since it
achieved its independence. One military leader after another has usurped
the Government in rapid succession, and the various constitutions from time
to time adopted have been set at naught almost as soon as they were
proclaimed. The successive Governments have afforded no adequate
protection, either to Mexican citizens or foreign residents, against
lawless violence. Heretofore a seizure of the capital by a military
chieftain has been generally followed by at least the nominal submission of
the country to his rule for a brief period, but not so at the present
crisis of Mexican affairs. A civil war has been raging for some time
throughout the Republic between the central Government at the City of
Mexico, which has endeavored to subvert the constitution last framed by
military power, and those who maintain the authority of that constitution.
The antagonist parties each hold possession of different States of the
Republic, and the fortunes of the war are constantly changing. Meanwhile
the most reprehensible means have been employed by both parties to extort
money from foreigners, as well as natives, to carry on this ruinous
contest. The truth is that this fine country, blessed with a productive
soil and a benign climate, has been reduced by civil dissension to a
condition of almost hopeless anarchy and imbecility. It would be vain for
this Government to attempt to enforce payment in money of the claims of
American citizens, now amounting to more than $10,000,000, against Mexico,
because she is destitute of all pecuniary means to satisfy these demands.
Our late minister was furnished with ample powers and instructions for the
adjustment of all pending questions with the central Government of Mexico,
and he performed his duty with zeal and ability. The claims of our
citizens, some of them arising out of the violation of an express provision
of the treaty of Guadalupe Hidalgo, and others from gross injuries to
persons as well as property, have remained unredressed and even unnoticed.
Remonstrances against these grievances have been addressed without effect
to that Government. Meantime in various parts of the Republic instances
have been numerous of the murder, imprisonment, and plunder of our citizens
by different parties claiming and exercising a local jurisdiction; but the
central Government, although repeatedly urged thereto, have made no effort
either to punish the authors of these outrages or to prevent their
recurrence. No American citizen can now visit Mexico on lawful business
without imminent danger to his person and property. There is no adequate
protection to either, and in this respect our treaty with that Republic is
almost a dead letter.
This state of affairs was brought to a crisis in May last by the
promulgation of a decree levying a contribution pro rata upon all the
capital in the Republic between certain specified amounts, whether held by
Mexicans or foreigners. Mr. Forsyth, regarding this decree in the light of
a "forced loan," formally protested against its application to his
countrymen and advised them not to pay the contribution, but to suffer it
to be forcibly exacted. Acting upon this advice, an American citizen
refused to pay the contribution, and his property was seized by armed men
to satisfy the amount. Not content with this, the Government proceeded
still further and issued a decree banishing him from the country. Our
minister immediately notified them that if this decree should be carried
into execution he would feel it to be his duty to adopt "the most decided
measures that belong to the powers and obligations of the representative
office." Notwithstanding this warning, the banishment was enforced, and Mr.
Forsyth promptly announced to the Government the suspension of the
political relations of his legation with them until the pleasure of his own
Government should be ascertained.
This Government did not regard the contribution imposed by the decree of
the 15th May last to be in strictness a "forced loan," and as such
prohibited by the tenth article of the treaty of 1826 between Great Britain
and Mexico, to the benefits of which American citizens are entitled by
treaty; yet the imposition of the contribution upon foreigners was
considered an unjust and oppressive measure. Besides, internal factions in
other parts of the Republic were at the same time levying similar exactions
upon the property of our citizens and interrupting their commerce. There
had been an entire failure on the part of our minister to secure redress
for the wrongs which our citizens had endured, notwithstanding his
persevering efforts. And from the temper manifested by the Mexican
Government he had repeatedly assured us that no favorable change could be
expected until the United States should "give striking evidence of their
will and power to protect their citizens," and that "severe chastening is
the only earthly remedy for our grievances." From this statement of facts
it would have been worse than idle to direct Mr. Forsyth to retrace his
steps and resume diplomatic relations with that Government, and it was
therefore deemed proper to sanction his withdrawal of the legation from the
City of Mexico.
Abundant cause now undoubtedly exists for a resort to hostilities against
the Government still holding possession of the capital. Should they succeed
in subduing the constitutional forces, all reasonable hope will then have
expired of a peaceful settlement of our difficulties. On the other hand,
should the constitutional party prevail and their authority be established
over the Republic, there is reason to hope that they will be animated by a
less unfriendly spirit and may grant that redress to American citizens
which justice requires so far as they may possess the means. But for this
expectation I should at once have recommended to Congress to grant the
necessary power to the President to take possession of a sufficient portion
of the remote and unsettled territory of Mexico, to be held in pledge until
our injuries shall be redressed and our just demands be satisfied. We have
already exhausted every milder means of obtaining justice. In such a case
this remedy of reprisals is recognized by the law of nations, not only as
just in itself, but as a means of preventing actual war.
But there is another view of our relations with Mexico, arising from the
unhappy condition of affairs along our southwestern frontier, which demands
immediate action. In that remote region, where there are but few white
inhabitants, large bands of hostile and predatory Indians roam
promiscuously over the Mexican States of Chihuahua and Sonora and our
adjoining Territories. The local governments of these States are perfectly
helpless and are kept in a state of constant alarm by the Indians. They
have not the power, if they possessed the will, even to restrain lawless
Mexicans from passing the border and committing depredations on our remote
settlers. A state of anarchy and violence prevails throughout that distant
frontier. The laws are a dead letter and life and property wholly insecure.
For this reason the settlement of Arizona is arrested, whilst it is of
great importance that a chain of inhabitants should extend all along its
southern border sufficient for their own protection and that of the United
States mail passing to and from California. Well-founded apprehensions are
now entertained that the Indians and wandering Mexicans, equally lawless,
may break up the important stage and postal communication recently
established between our Atlantic and Pacific possessions. This passes very
near to the Mexican boundary throughout the whole length of Arizona. I can
imagine no possible remedy for these evils and no mode of restoring law and
order on that remote and unsettled frontier but for the Government of the
United States to assume a temporary protectorate over the northern portions
of Chihuahua and Sonora and to establish military posts within the same;
and this I earnestly recommend to Congress. This protection may be
withdrawn as soon as local governments shall be established in these
Mexican States capable of performing their duties to the United States,
restraining the lawless, and preserving peace along the border.
I do not doubt that this measure will be viewed in a friendly spirit by the
governments and people of Chihuahua and Sonora, as it will prove equally
effectual for the protection of their citizens on that remote and lawless
frontier as for citizens of the United States. And in this connection
permit me to recall your attention to the condition of Arizona. The
population of that Territory, numbering, as is alleged, more than 10,000
souls, are practically without a government, without laws, and without any
regular administration of justice. Murder and other crimes are committed
with impunity. This state of things calls loudly for redress, and I
therefore repeat my recommendation for the establishment of a Territorial
government over Arizona.
The political condition of the narrow isthmus of Central America, through
which transit routes pass between the Atlantic and Pacific oceans, presents
a subject of deep interest to all commercial nations. It is over these
transits that a large proportion of the trade and travel between the
European and Asiatic continents is destined to pass. To the United States
these routes are of incalculable importance as a means of communication
between their Atlantic and Pacific possessions. The latter now extend
throughout seventeen degrees of latitude on the Pacific coast, embracing
the important State of California and the flourishing territories of Oregon
and Washington. All commercial nations therefore have a deep and direct
interest that these communications shall be rendered secure from
interruption. If an arm of the sea connecting the two oceans penetrated
through Nicaragua and Costa Rica, it could not be pretended that these
States would have the right to arrest or retard its navigation to the
injury of other nations. The transit by land over this narrow isthmus
occupies nearly the same position. It is a highway in which they themselves
have little interest when compared with the vast interests of the rest of
the world. Whilst their rights of sovereignty ought to be respected, it is
the duty of other nations to require that this important passage shall not
be interrupted by the civil wars and revolutionary outbreaks which have so
frequently occurred in that region. The stake is too important to be left
at the mercy of rival companies claiming to hold conflicting contracts with
Nicaragua. The commerce of other nations is not to stand still and await
the adjustment of such petty controversies. The Government of the United
States expect no more than this, and they will not be satisfied with less.
They would not, if they could, derive any advantage from the Nicaragua
transit not common to the rest of the World. Its neutrality and protection
for the common use of all nations is their only object. They have no
objection that Nicaragua shall demand and receive a fair compensation from
the companies and individuals who may traverse the route, but they insist
that it shall never hereafter be closed by an arbitrary decree of that
Government. If disputes arise between it and those with whom they may have
entered into contracts, these must be adjusted by some fair tribunal
provided for the purpose, and the route must not be closed pending the
controversy. This is our whole policy, and it can not fail to be acceptable
to other nations.
All these difficulties might be avoided if, consistently with the good
faith of Nicaragua, the use of this transit could be thrown open to general
competition, providing at the same time for the payment of a reasonable
rate to the Nicaraguan Government on passengers and freight. In August,
1852, the Accessory Transit Company made its first interoceanic trip over
the Nicaraguan route, and continued in successful operation, with great
advantage to the public, until the 18th February, 1856, when it was closed
and the grant to this company as well as its charter were summarily and
arbitrarily revoked by the Government of President Rivas. Previous to this
date, however, in 1854, serious disputes concerning the settlement of their
accounts had arisen between the company and the Government, threatening the
interruption of the route at any moment. These the United States in vain
endeavored to compose. It would be useless to narrate the various
proceedings which took place between the parties up till the time when the
transit was discontinued. Suffice it to say that since February, 1856, it
has remained closed, greatly to the prejudice of citizens of the United
States. Since that time the competition has ceased between the rival routes
of Panama and Nicaragua, and in consequence thereof an unjust and
unreasonable amount has been exacted from our citizens for their passage to
and from California.
A treaty was signed on the 16th day of November, 1857, by the Secretary of
State and minister of Nicaragua, under the stipulations of which the use
and protection of the transit route would have been secured, not only to
the United States, but equally to all other nations. How and on what
pretext this treaty has failed to receive the ratification of the
Nicaraguan Government will appear by the papers herewith communicated from
the State Department. The principal objection seems to have been to the
provision authorizing the United States to employ force to keep the route
open in case Nicaragua should fail to perform her duty in this respect.
From the feebleness of that Republic, its frequent changes of government,
and its constant internal dissensions, this had become a most important
stipulation, and one essentially necessary, not only for the security of
the route, but for the safety of American citizens passing and repassing to
and from our Pacific possessions. Were such a stipulation embraced in a
treaty between the United States and Nicaragua, the knowledge of this fact
would of itself most probably prevent hostile parties from committing
aggressions on the route, and render our actual interference for its
protection unnecessary.
The executive government of this country in its intercourse with foreign
nations is limited to the employment of diplomacy alone. When this fails it
can proceed no further. It can not legitimately resort to force without the
direct authority of Congress, except in resisting and repelling hostile
attacks. It would have no authority to enter the territories of Nicaragua
even to prevent the destruction of the transit and protect the lives and
property of our own citizens on their passage. It is true that on a sudden
emergency of this character the President would direct any armed force in
the vicinity to march to their relief, but in doing this he would act upon
his own responsibility.
Under these circumstances I earnestly recommend to Congress the passage of
an act authorizing the president, under such restrictions as they may deem
proper, to employ the land and naval forces of the United States in
preventing the transit from being obstructed or closed by lawless violence,
and in protecting the lives and property of American citizens traveling
thereupon, requiring at the same time that these forces shall be withdrawn
the moment the danger shall have passed away. Without such a provision our
citizens will be constantly exposed to interruption in their progress and
to lawless violence.
A similar necessity exists for the passage of such an act for the
protection of the Panama and Tehuantepec routes. In reference to the Panama
route, the United States, by their existing treaty with New Granada,
expressly guarantee the neutrality of the Isthmus, "with the view that the
free transit from the one to the other sea may not be interrupted or
embarrassed in any future time while this treaty exists."
In regard to the Tehuantepec route, which has been recently opened under
the most favorable auspices, our treaty with Mexico of the 30th December,
1853, secures to the citizens of the United States a right of transit over
it for their persons and merchandise and stipulates that neither Government
shall "interpose any obstacle" thereto. It also concedes to the United
States the "right to transport across the Isthmus, in closed bags, the
mails of the United States not intended for distribution along the line of
the communication; also the effects of the United States Government and its
citizens which may be intended for transit and not for distribution on the
Isthmus, free of custom-house or other charges by the Mexican Government."
These treaty stipulations with New Granada and Mexico, in addition to the
considerations applicable to the Nicaragua route, seem to require
legislation for the purpose of carrying them into effect.