One alleged cause for procrastination in the examination and adjustment of

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.

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