exist even for a single day after they had the power to abolish it. On the
2d of March, 1807, they passed an act, to take effect "from and after the
1st day of January, 1808," prohibiting the importation of African slaves
into the United States. This was followed by subsequent acts of a similar
character, to which I need not specially refer. Such were the principles
and such the practice of our ancestors more than fifty years ago in regard
to the African slave trade. It did not occur to the revered patriots who
had been delegates to the Convention, and afterwards became members of
Congress, that in passing these laws they had violated the Constitution
which they had framed with so much care and deliberation. They supposed
that to prohibit Congress in express terms from exercising a specified
power before an appointed day necessarily involved the right to exercise
this power after that day had arrived.
If this were not the case, the framers of the Constitution had expended
much labor in vain. Had they imagined that Congress would possess no power
to prohibit the trade either before or after 1808, they would not have
taken so much care to protect the States against the exercise of this power
before that period. Nay, more, they would not have attached such vast
importance to this provision as to have excluded it from the possibility of
future repeal or amendment, to which other portions of the Constitution
were exposed. It would, then, have been wholly unnecessary to ingraft on
the fifth article of the Constitution, prescribing the mode of its own
future amendment, the proviso "that no amendment which may be made prior to
the year 1808 shall in any manner affect" the provision in the Constitution
securing to the States the right to admit the importation of African slaves
previous to that period. According to the adverse construction, the clause
itself, on which so much care and discussion had been employed by the
members of the Convention, was an absolute nullity from the beginning, and
all that has since been done under it a mere usurpation.
It was well and wise to confer this power on Congress, because had it been
left to the States its efficient exercise would have been impossible. In
that event any one State could have effectually continued the trade, not
only for itself, but for all the other slave States, though never so much
against their will. And why? Because African slaves, when once brought
within the limits of any one State in accordance with its laws, can not
practically be excluded from any State where slavery exists. And even if
all the States had separately passed laws prohibiting the importation of
slaves, these laws would have failed of effect for want of a naval force to
capture the slavers and to guard the coast. Such a force no State can
employ in time of peace without the consent of Congress.
These acts of Congress, it is believed, have, with very rare and
insignificant exceptions, accomplished their purpose. For a period of more
than half a century there has been no perceptible addition to the number of
our domestic slaves. During this period their advancement in civilization
has far surpassed that of any other portion of the African race. The light
and the blessings of Christianity have been extended to them, and both
their moral and physical condition has been greatly improved.
Reopen the trade and it would be difficult to determine whether the effect
would be more deleterious on the interests of the master or on those of the
native-born slave. Of the evils to the master, the one most to be dreaded
would be the introduction of wild, heathen, and ignorant barbarians among
the sober, orderly, and quiet slaves whose ancestors have been on the soil
for several generations. This might tend to barbarize, demoralize, and
exasperate the whole mass and produce most deplorable consequences.
The effect upon the existing slave would, if possible, be still more
deplorable. At present he is treated with kindness and humanity. He is well
fed, well clothed, and not overworked. His condition is incomparably better
than that of the coolies which modern nations of high civilization have
employed as a substitute for African slaves. Both the philanthropy and the
self-interest of the master have combined to produce this humane result.
But let this trade be reopened and what will be the effect? The same to a
considerable extent as on a neighboring island, the only spot now on earth
where the African slave trade is openly tolerated, and this in defiance of
solemn treaties with a power abundantly able at any moment to enforce their
execution. There the master, intent upon present gain, extorts from the
slave as much labor as his physical powers are capable of enduring, knowing
that when death comes to his relief his place can be supplied at a price
reduced to the lowest point by the competition of rival African slave
traders. Should this ever be the case in our country, which I do not deem
possible, the present useful character of the domestic institution, wherein
those too old and too young to work are provided for with care and humanity
and those capable of labor are not overtasked, would undergo an unfortunate
change. The feeling of reciprocal dependence and attachment which now
exists between master and slave would be converted into mutual distrust and
hostility.
But we are obliged as a Christian and moral nation to consider what would
be the effect upon unhappy Africa itself if we should reopen the slave
trade. This would give the trade an impulse and extension which it has
never had, even in its palmiest days. The numerous victims required to
supply it would convert the whole slave coast into a perfect pandemonium,
for which this country would be held responsible in the eyes both of God
and man. Its petty tribes would then be constantly engaged in predatory
wars against each other for the purpose of seizing slaves to supply the
American market. All hopes of African civilization would thus be ended.
On the other hand, when a market for African slaves shall no longer be
furnished in Cuba, and thus all the world be closed against this trade, we
may then indulge a reasonable hope for the gradual improvement of Africa.
The chief motive of war among the tribes will cease whenever there is no
longer any demand for slaves. The resources of that fertile but miserable
country might then be developed by the hand of industry and afford subjects
for legitimate foreign and domestic commerce. In this manner Christianity
and civilization may gradually penetrate the existing gloom.
The wisdom of the course pursued by this Government toward China has been
vindicated by the event. Whilst we sustained a neutral position in the war
waged by Great Britain and France against the Chinese Empire, our late
minister, in obedience to his instructions, judiciously cooperated with the
ministers of these powers in all peaceful measures to secure by treaty the
just concessions demanded by the interests of foreign commerce. The result
is that satisfactory treaties have been concluded with China by the
respective ministers of the United States, Great Britain, France, and
Russia. Our "treaty, or general convention, of peace, amity, and commerce"
with that Empire was concluded at Tien-tsin on the 18th June, 1858, and was
ratified by the President, by and with the advice and consent of the
Senate, on the 21st December following. On the 15th December, 1858, John E.
Ward, a distinguished citizen of Georgia, was duly commissioned as envoy
extraordinary and minister plenipotentiary to China.
He left the United States for the place of his destination on the 5th of
February, 1859, bearing with him the ratified copy of this treaty, and
arrived at Shanghai on the 28th May. From thence he proceeded to Peking on
the 16th June, but did not arrive in that city until the 27th July.
According to the terms of the treaty, the ratifications were to be
exchanged on or before the 18th June, 1859. This was rendered impossible by
reasons and events beyond his control, not necessary to detail; but still
it is due to the Chinese authorities at Shanghai to state that they always
assured him no advantage should be taken of the delay, and this pledge has
been faithfully redeemed.
On the arrival of Mr. Ward at Peking he requested an audience of the
Emperor to present his letter of credence. This he did not obtain, in
consequence of his very proper refusal to submit to the humiliating
ceremonies required by the etiquette of this strange people in approaching
their sovereign. Nevertheless, the interviews on this question were
conducted in the most friendly spirit and with all due regard to his
personal feelings and the honor of his country. When a presentation to His
Majesty was found to be impossible, the letter of credence from the
President was received with peculiar honors by Kweiliang, "the Emperor's
prime minister and the second man in the Empire to the Emperor himself."
The ratifications of the treaty were afterwards, on the 16th of August,
exchanged in proper form at Peit-sang. As the exchange did not take place
until after the day prescribed by the treaty, it is deemed proper before
its publication again to submit it to the Senate. It is but simple justice
to the Chinese authorities to observe that throughout the whole transaction
they appear to have acted in good faith and in a friendly spirit toward the
United States. It is true this has been done after their own peculiar
fashion; but we ought to regard with a lenient eye the ancient customs of
an empire dating back for thousands of years, so far as this may be
consistent with our own national honor. The conduct of our minister on the
occasion has received my entire approbation.
In order to carry out the spirit of this treaty and to give it full effect
it became necessary to conclude two supplemental conventions, the one for
the adjustment and satisfaction of the claims of our citizens and the other
to fix the tariff on imports and exports and to regulate the transit duties
and trade of our merchants with China. This duty was satisfactorily
performed by our late minister. These conventions bear date at Shanghai on
the 8th November, 1858. Having been considered in the light of binding
agreements subsidiary to the principal treaty, and to be carried into
execution without delay, they do not provide for any formal ratification or
exchange of ratifications by the contracting parties. This was not deemed
necessary by the Chinese, who are already proceeding in good faith to
satisfy the claims of our citizens and, it is hoped, to carry out the other
provisions of the conventions. Still, I thought it was proper to submit
them to the Senate by which they were ratified on the 3d of March, 1859.
The ratified copies, however, did not reach Shanghai until after the
departure of our minister to Peking, and these conventions could not,
therefore, be exchanged at the same time with the principal treaty. No
doubt is entertained that they will be ratified and exchanged by the
Chinese Government should this be thought advisable; but under the
circumstances presented I shall consider them binding engagements from
their date on both parties, and cause them to be published as such for the
information and guidance of our merchants trading with the Chinese Empire.
It affords me much satisfaction to inform you that all our difficulties
with the Republic of Paraguay have been satisfactorily adjusted. It happily
did not become necessary to employ the force for this purpose which
Congress had placed at my command under the joint resolution of 2d June,
1858. On the contrary, the President of that Republic, in a friendly
spirit, acceded promptly to the just and reasonable demands of the
Government of the United States. Our commissioner arrived at Assumption,
the capital of the Republic, on the 25th of January, 1859, and left it on
the 17th of February, having in three weeks ably and successfully
accomplished all the objects of his mission. The treaties which he has
concluded will be immediately submitted to the Senate.
In the view that the employment of other than peaceful means might become
necessary to obtain "just satisfaction" from Paraguay, a strong naval force
was concentrated in the waters of the La Plata to await contingencies
whilst our commissioner ascended the rivers to Assumption. The Navy
Department is entitled to great credit for the promptness, efficiency, and
economy with which this expedition was fitted out and conducted. It
consisted of 19 armed vessels, great and small, carrying 200 guns and 2,500
men, all under the command of the veteran and gallant Shubrick. The entire
expenses of the expedition have been defrayed out of the ordinary
appropriations for the naval service, except the sum of $289,000, applied
to the purchase of seven of the steamers constituting a part of it, under
the authority of the naval appropriation act of the 3d March last. It is
believed that these steamers are worth more than their cost, and they are
all now usefully and actively employed in the naval service.
The appearance of so large a force, fitted out in such a prompt manner, in
the far-distant waters of the La Plata, and the admirable conduct of the
officers and men employed in it, have had a happy effect in favor of our
country throughout all that remote portion of the world. Our relations with
the great Empires of France and Russia, as well as with all other
governments on the continent of Europe, unless we may except that of Spain,
happily continue to be of the most friendly character. In my last annual
message I presented a statement of the unsatisfactory condition of our
relations with Spain, and I regret to say that this has not materially
improved.
Without special reference to other claims, even the "Cuban claims," the
payment of which has been ably urged by our ministers, and in which more
than a hundred of our citizens are directly interested, remain unsatisfied,
notwithstanding both their justice and their amount ($128,635.54) had been
recognized and ascertained by the Spanish Government itself.
I again recommend that an appropriation be made "to be paid to the Spanish
Government for the purpose of distribution among the claimants in the
Amistad case." In common with two of my predecessors, I entertain no doubt
that this is required by our treaty with Spain of the 27th October, 1795.
The failure to discharge this obligation has been employed by the cabinet
of Madrid as a reason against the settlement of our claims.
I need not repeat the arguments which I urged in my last annual message in
favor of the acquisition of Cuba by fair purchase. My opinions on that
measure remain unchanged. I therefore again invite the serious attention of
Congress to this important subject. Without a recognition of this policy on
their part it will be almost impossible to institute negotiations with any
reasonable prospect of success. Until a recent period there was good reason
to believe that I should be able to announce to you on the present occasion
that our difficulties with Great Britain arising out of the Clayton and
Bulwer treaty had been finally adjusted in a manner alike honorable and
satisfactory to both parties. From causes, however, which the British
Government had not anticipated, they have not yet completed treaty
arrangements with the Republics of Honduras and Nicaragua, in pursuance of
the understanding between the two Governments. It is, nevertheless,
confidently expected that this good work will ere long be accomplished.
Whilst indulging the hope that no other subject remained which could
disturb the good understanding between the two countries, the question
arising out of the adverse claims of the parties to the island of San Juan,
under the Oregon treaty of the 15th June, 1846, suddenly assumed a
threatening prominence. In order to prevent unfortunate collisions on that
remote frontier, the late Secretary of State, on the 17th July, 1855,
addressed a note to Mr. Crampton, then British minister at Washington,
communicating to him a copy of the instructions which he (Mr. Marcy) had
given on the 14th July to Governor Stevens, of Washington Territory, having
a special reference to an "apprehended conflict between our citizens and
the British subjects on the island of San Juan." To prevent this the
governor was instructed "that the officers of the Territory should abstain
from all acts on the disputed grounds which are calculated to provoke any
conflicts, so far as it can be done without implying the concession to the
authorities of Great Britain of an exclusive right over the premises. The
title ought to be settled before either party should attempt to exclude the
other by force or exercise complete and exclusive sovereign rights within
the fairly disputed limits." In acknowledging the receipt on the next day
of Mr. Marcy's note the British minister expressed his entire concurrence
"in the propriety of the course recommended to the governor of Washington
Territory by your [Mr. Marcy's] instructions to that officer," and stating
that he had "lost no time in transmitting a copy of that document to the
Governor-General of British North America" and had "earnestly recommended
to His Excellency to take such measures as to him may appear best
calculated to secure on the part of the British local authorities and the
inhabitants of the neighborhood of the line in question the exercise of the
same spirit of forbearance which is inculcated by you [Mr. Marcy] on the
authorities and citizens of the United States."
Thus matters remained upon the faith of this arrangement until the 9th July
last, when General Harney paid a visit to the island. He found upon it
twenty-five American residents with their families, and also an
establishment of the Hudsons Bay Company for the purpose of raising sheep.
A short time before his arrival one of these residents had shot an animal
belonging to the company whilst trespassing upon his premises, for which,
however, he offered to pay twice its value, but that was refused. Soon
after "the chief factor of the company at Victoria, Mr. Dalles, son-in-law
of Governor Douglas, came to the island in the British sloop of war
Satellite and threatened to take this American [Mr. Cutler] by force to
Victoria to answer for the trespass he had committed. The American seized
his rifle and told Mr. Dalles if any such attempt was made he would kill
him upon the spot. The affair then ended."
Under these circumstances the American settlers presented a petition to the
General "through the United States inspector of customs, Mr. Hubbs, to
place a force upon the island to protect them from the Indians as well as
the oppressive interference of the authorities of the Hudsons Bay Company
at Victoria with their rights as American citizens." The General
immediately responded to this petition, and ordered Captain George E.
Pickett, Ninth Infantry, "to establish his company on Bellevue, or San Juan
Island, on some suitable position near the harbor at the southeastern
extremity." This order was promptly obeyed and a military post was
established at the place designated. The force was afterwards increased, so
that by the last return the whole number of troops then on the island
amounted in the aggregate to 691 men.
Whilst I do not deem it proper on the present occasion to go further into
the subject and discuss the weight which ought to be attached to the
statements of the British colonial authorities contesting the accuracy of
the information on which the gallant General acted, it was due to him that
I should thus present his own reasons for issuing the order to Captain
Pickett. From these it is quite clear his object was to prevent the British
authorities on Vancouvers Island from exercising jurisdiction over American
residents on the island of San Juan, as well as to protect them against the
incursions of the Indians. Much excitement prevailed for some time
throughout that region, and serious danger of collision between the parties
was apprehended. The British had a large naval force in the vicinity, and
it is but an act of simple justice to the admiral on that station to state
that he wisely and discreetly forbore to commit any hostile act, but
determined to refer the whole affair to his Government and await their
instructions.
This aspect of the matter, in my opinion, demanded serious attention. It
would have been a great calamity for both nations had they been
precipitated into acts of hostility, not on the question of title to the
island, but merely concerning what should be its condition during the
intervening period whilst the two Governments might be employed in settling
the question to which of them it belongs. For this reason
Lieutenant-General Scott was dispatched, on the 17th of September last, to
Washington Territory to take immediate command of the United States forces
on the Pacific Coast, should he deem this necessary. The main object of his
mission was to carry out the spirit of the precautionary arrangement
between the late Secretary of State and the British minister, and thus to
preserve the peace and prevent collision between the British and American
authorities pending the negotiations between the two Governments.
Entertaining no doubt of the validity of our title, I need scarcely add
that in any event American citizens were to be placed on a footing at least
as favorable as that of British subjects, it being understood that Captain
Pickett's company should remain on the island. It is proper to observe
that, considering the distance from the scene of action and in ignorance of
what might have transpired on the spot before the General's arrival, it was
necessary to leave much to his discretion; and I am happy to state the
event has proven that this discretion could not have been intrusted to more
competent hands. General Scott has recently returned from his mission,
having successfully accomplished its objects, and there is no longer any
good reason to apprehend a collision between the forces of the two
countries during the pendency of the existing negotiations. I regret to
inform you that there has been no improvement in the affairs of Mexico
since my last annual message, and I am again obliged to ask the earnest
attention of Congress to the unhappy condition of that Republic.