Under the solemnity of these convictions the blessing of Almighty God is

earnestly invoked to attend upon your deliberations and upon all the

counsels and acts of the Government, to the end that, with common zeal and

common efforts, we may, in humble submission to the divine will, cooperate

for the promotion of the supreme good of these United States.

***

State of the Union Address

Franklin Pierce

December 31, 1855

Fellow-Citizens of the Senate and of the House of Representatives:

The Constitution of the United States provides that Congress shall assemble

annually on the first Monday of December, and it has been usual for the

President to make no communication of a public character to the Senate and

House of Representatives until advised of their readiness to receive it. I

have deferred to this usage until the close of the first month of the

session, but my convictions of duty will not permit me longer to postpone

the discharge of the obligation enjoined by the Constitution upon the

President "to give to the Congress information of the state of the Union

and recommend to their consideration such measures as he shall judge

necessary and expedient." It is matter of congratulation that the Republic

is tranquilly advancing in a career of prosperity and peace.

Whilst relations of amity continue to exist between the United States and

all foreign powers, with some of them grave questions are depending which

may require the consideration of Congress.

Of such questions, the most important is that which has arisen out of the

negotiations with Great Britain in reference to Central America. By the

convention concluded between the two Governments on the 19th of April,

1850, both parties covenanted that "neither will ever" "occupy, or fortify,

or colonize, or assume or exercise any dominion over Nicaragua. Costa Rica,

the Mosquito Coast, or any part of Central America."

It was the undoubted understanding of the United States in making this

treaty that all the present States of the former Republic of Central

America and the entire territory of each would thenceforth enjoy complete

independence, and that both contracting parties engaged equally and to the

same extent, for the present and, for the future, that if either then had

any claim of right in Central America such claim and all occupation or

authority under it were unreservedly relinquished by the stipulations of

the convention, and that no dominion was thereafter to be exercised or

assumed in any part of Central America by Great Britain or the United

States.

This Government consented to restrictions in regard to a region of country

wherein we had specific and peculiar interests only upon the conviction

that the like restrictions were in the same sense obligatory on Great

Britain. But for this understanding of the force and effect of the

convention it would never have been concluded by us.

So clear was this understanding on the part of the United States that in

correspondence contemporaneous with the ratification of the convention it

was distinctly expressed that the mutual covenants of nonoccupation were

not intended to apply to the British establishment at the Balize. This

qualification is to be ascribed to the fact that, in virtue of successive

treaties with previous sovereigns of the country, Great Britain had

obtained a concession of the right to cut mahogany or dyewoods at the

Balize, but with positive exclusion of all domain or sovereignty; and thus

it confirms the natural construction and understood import of the treaty as

to all the rest of the region to which the stipulations applied.

It, however, became apparent at an early day after entering upon the

discharge of my present functions that Great Britain still continued in the

exercise or assertion of large authority in all that part of Central

America commonly called the Mosquito Coast, and covering the entire length

of the State of Nicaragua and a part of Costa Rica; that she regarded the

Balize as her absolute domain and was gradually extending its limits at the

expense of the State of Honduras, and, that she had formally colonized a

considerable insular group known as the Bay Islands, and belonging of right

to that State.

All these acts or pretensions of Great Britain, being contrary to the

rights of the States of Central America and to the manifest tenor of her

stipulations with the United States as understood by this Government, have

been made the subject of negotiation through the American minister in

London. I transmit herewith the instructions to him on the subject and the

correspondence between him and the British secretary for foreign affairs,

by which you will perceive that the two Governments differ widely and

irreconcilably as to the construction of the convention and its effect on

their respective relations to Central America.

Great Britain so construes the convention as to maintain unchanged all her

previous pretensions over the Mosquito Coast and in different parts of

Central America. These pretensions as to the Mosquito Coast are founded on

the assumption of political relation between Great Britain and the remnant

of a tribe of Indians on that coast, entered into at a time when the whole

country was a colonial possession of Spain. It can not be successfully

controverted that by the public law of Europe and America no possible act

of such Indians or their predecessors could confer on Great Britain any

political rights.

Great Britain does not allege the assent of Spain as the origin of her

claims on the Mosquito Coast. She has, on the contrary, by repeated and

successive treaties renounced and relinquished all pretensions of her own

and recognized the full and sovereign rights of Spain in the most

unequivocal terms. Yet these pretensions, so without solid foundation in

the beginning and thus repeatedly abjured, were at a recent period revived

by Great Britain against the Central American States, the legitimate

successors to all the ancient jurisdiction of Spain in that region. They

were first applied only to a defined part of the coast of Nicaragua,

afterwards to the whole of its Atlantic coast, and lastly to a part of the

coast of Costa Rica, and they are now reasserted to this extent

notwithstanding engagements to the United States.

On the eastern coast of Nicaragua and Costa Rica the interference of Great

Britain, though exerted at one time in the form of military occupation of

the port of San Juan del Norte, then in the peaceful possession of the

appropriate authorities of the Central American States, is now presented by

her as the rightful exercise of a protectorship over the Mosquito tribe of

Indians.

But the establishment at the Balize, now reaching far beyond its treaty

limits into the State of Honduras, and that of the Bay Islands,

appertaining of right to the same State, are as distinctly colonial

governments as those of Jamaica or Canada, and therefore contrary to the

very letter, as well as the spirit, of the convention with the United

States as it was at the time of ratification and now is understood by this

Government.

The interpretation which the British Government thus, in assertion and act,

persists in ascribing to the convention entirely changes its character.

While it holds us to all our obligations, it in a great measure releases

Great Britain from those which constituted the consideration of this

Government for entering into the convention. It is impossible, in my

judgment, for the United States to acquiesce in such a construction of the

respective relations of the two Governments to Central America.

To a renewed call by this Government upon Great Britain to abide by and

Carry into effect the stipulations of the convention according to its

obvious import by withdrawing from the possession or colonization of

portions of the Central American States of Honduras, Nicaragua, and Costa

Rica, the British Government has at length replied, affirming that the

operation of the treaty is prospective only and did not require Great

Britain to abandon or contract any possessions held by her in Central

America at the date of its conclusion.

This reply substitutes a partial issue in the place of the general one

presented by the United States. The British Government passes over the

question of the rights of Great Britain, real or supposed, in Central

America, and assumes that she had such rights at the date of the treaty and

that those rights comprehended the protectorship of the Mosquito Indians,

the extended jurisdiction and limits of the Balize, and the colony of the

Bay Islands, and thereupon proceeds by implication to infer that if the

stipulations of the treaty be merely future in effect Great Britain may

still continue to hold the contested portions of Central America. The

United States can not admit either the inference or the premises. We

steadily deny that at the date of the treaty Great Britain had any

possessions there other than the limited and peculiar establishment at the

Balize, and maintain that if she had any they were surrendered by the

convention.

This Government, recognizing the obligations of the treaty, has, of course,

desired to see it executed in good faith by both parties, and in the

discussion, therefore, has not looked to rights which we might assert

independently of the treaty in consideration of our geographical position

and of other circumstances which create for us relations to the Central

American States different from those of any government of Europe. The

British Government, in its last communication, although well knowing the

views of the United States, still declares that it sees no reason why a

conciliatory spirit may not enable the two Governments to overcome all

obstacles to a satisfactory adjustment of the subject.

Assured of the correctness of the construction of the treaty constantly

adhered to by this Government and resolved to insist on the rights of the

United States, yet actuated also by the same desire which is avowed by the

British Government, to remove all causes of serious misunderstanding

between two nations associated by so many ties of interest and kindred, it

has appeared to me proper not to consider an amicable solution of the

controversy hopeless.

There is, however, reason to apprehend that with Great Britain in the

actual occupation of the disputed territories, and the treaty therefore

practically null so far as regards our rights, this international

difficulty can not long remain undetermined without involving in serious

danger the friendly relations which it is the interest as well as the duty

of both countries to cherish and preserve. It will afford me sincere

gratification if future efforts shall result in the success anticipated

heretofore with more confidence than the aspect of the case permits me now

to entertain.

One other subject of discussion between the United States and Great Britain

has grown out of the attempt, which the exigencies of the war in which she

is engaged with Russia induced her to make, to draw recruits from the

United States.

It is the traditional and settled policy of the United States to maintain

impartial neutrality during the wars which from time to time occur among

the great powers of the world. Performing all the duties of neutrality

toward the respective belligerent states, we may reasonably expect them not

to interfere with our lawful enjoyment of its benefits. Notwithstanding the

existence of such hostilities, our citizens retained the individual right

to continue all their accustomed pursuits, by land or by sea, at home or

abroad, subject only to such restrictions in this relation as the laws of

war, the usage of nations, or special treaties may impose; and it is our

sovereign right that our territory and jurisdiction shall not be invaded by

either of the belligerent parties for the transit of their armies, the

operations of their fleets, the levy of troops for their service, the

fitting out of cruisers by or against either, or any other act or incident

of war. And these undeniable rights of neutrality, individual and national,

the United States will under no circumstances surrender.

In pursuance of this policy, the laws of the United States do not forbid

their citizens to sell to either of the belligerent powers articles

contraband of war or take munitions of war or soldiers on board their

private ships for transportation; and although in so doing the individual

citizen exposes his property or person to some of the hazards of war, his

acts do not involve any breach of national neutrality nor of themselves

implicate the Government. Thus, during the progress of the present war in

Europe, our citizens have, without national responsibility therefor, sold

gunpowder and arms to all buyers, regardless of the destination of those

articles. Our merchantmen have been, and still continue to be, largely

employed by Great Britain and by France in transporting troops, provisions,

and munitions of war to the principal seat of military operations and in

bringing home their sick and wounded soldiers; but such use of our

mercantile marine is not interdicted either by the international or by our

municipal law, and therefore does not compromise our neutral relations with

Russia. But our municipal law, in accordance with the law of nations,

peremptorily forbids not only foreigners, but our own citizens, to fit out

within the United States a vessel to commit hostilities against any state

with which the United States are at peace, or to increase the force of any

foreign armed vessel intended for such hostilities against a friendly

state.

Whatever concern may have been felt by either of the belligerent powers

lest private armed cruisers or other vessels in the service of one might be

fitted out in the ports of this country to depredate on the property of the

other, all such fears have proved to be utterly groundless. Our citizens

have been withheld from any such act or purpose by good faith and by

respect for the law.

While the laws of the Union are thus peremptory in their prohibition of the

equipment or armament of belligerent cruisers in our ports, they provide

not less absolutely that no person shall, within the territory or

jurisdiction of the United States, enlist or enter himself, or hire or

retain another person to enlist or enter himself, or to go beyond the

limits or jurisdiction of the United States with intent to be enlisted or

entered, in the service of any foreign state, either as a soldier or as a

marine or seaman on board of any vessel of war, letter of marque, or

privateer. And these enactments are also in strict conformity with the law

of nations, which declares that no state has the right to raise troops for

land or sea service in another state without its consent, and that, whether

forbidden by the municipal law or not, the very attempt to do it without

such consent is an attack on the national sovereignty.

Such being the public rights and the municipal law of the United States, no

solicitude on the subject was entertained by this Government when, a year

since, the British Parliament passed an act to provide for the enlistment

of foreigners in the military service of Great Britain. Nothing on the face

of the act or in its public history indicated that the British Government

proposed to attempt recruitment in the United States, nor did it ever give

intimation of such intention to this Government. It was matter of surprise,

therefore, to find subsequently that the engagement of persons within the

United States to proceed to Halifax, in the British Province of Nova

Scotia, and there enlist in the service of Great Britain, was going on

extensively, with little or no disguise. Ordinary legal steps were

immediately taken to arrest and punish parties concerned, and so put an end

to acts infringing the municipal law and derogatory to our sovereignty.

Meanwhile suitable representations on the subject were addressed to the

British Government.

Thereupon it became known, by the admission of the British Government

itself, that the attempt to draw recruits from this country originated with

it, or at least had its approval and sanction; but it also appeared that

the public agents engaged in it had "stringent instructions" not to violate

the municipal law of the United States.

It is difficult to understand how it should have been supposed that troops

could be raised here by Great Britain without violation of the municipal

law. The unmistakable object of the law was to prevent every such act which

if performed must be either in violation of the law or in studied evasion

of it, and in either alternative the act done would be alike injurious to

the sovereignty of the United States. In the meantime the matter acquired

additional importance by the recruitments in the United States not being

discontinued, and the disclosure of the fact that they were prosecuted upon

a systematic plan devised by official authority; that recruiting rendezvous

had been opened in our principal cities and depots for the reception of

recruits established on our frontier, and the whole business conducted

under the supervision and by the regular cooperation of British officers,

civil and military, some in the North American Provinces and some in the

United States. The complicity of those officers in an undertaking which

could only be accomplished by defying our laws, throwing suspicion over our

attitude of neutrality, and disregarding our territorial rights is

conclusively proved by the evidence elicited on the trial of such of their

agents as have been apprehended and convicted. Some of the officers thus

implicated are of high official position, and many of them beyond our

jurisdiction, so that legal proceedings could not reach the source of the

mischief.

These considerations, and the fact that the cause of complaint was not a

mere casual occurrence, trot a deliberate design, entered upon with full

knowledge of our laws and national policy and conducted by responsible

public functionaries, impelled me to present the case to the British

Government, in order to secure not only a cessation of the, wrong, but its

reparation. The subject is still under discussion, the result of which will

be communicated to you in due time.

I repeat the recommendation submitted to the last Congress, that provision

be made for the appointment of a commissioner, in connection with Great

Britain, to survey and establish the boundary line which divides the

Territory of Washington from the contiguous British possessions. By reason

of the extent and importance of the country in dispute, there has been

imminent danger of collision between the subjects of Great Britain and the

citizens of the United States, including their respective authorities, in

that quarter. The prospect of a speedy arrangement has contributed hitherto

to induce on both sides forbearance to assert by force what each claims as

a right. Continuance of delay on the part of the two Governments to act in

the matter will increase the dangers and difficulties of the controversy.

Misunderstanding exists as to the extent, character, and value of the

possessory rights of the Hudsons Bay Company and the property of the Pugets

Sound Agricultural Company reserved in our treaty with Great Britain

relative to the Territory of Oregon. I have reason to believe that a

cession of the rights of both companies to the United States, which would

be the readiest means of terminating all questions, can be obtained on

reasonable terms, and with a view to this end I present the subject to the

attention of Congress.

The colony of Newfoundland, having enacted the laws required by the treaty

of the 5th of June, 1854, is now placed on the same footing in respect to

commercial intercourse with the United States as the other British North

American Provinces.

The commission which that treaty contemplated, for determining the rights

of fishery in rivers and mouths of rivers on the coasts of the United

States and the British North American Provinces, has been organized, and

has commenced its labors, to complete which there are needed further

appropriations for the service of another season.

In pursuance of the authority conferred by a resolution of the Senate of

the United States passed on the 3d of March last, notice was given to

Denmark on the 14th day of April of the intention of this Government to

avail itself of the stipulation of the subsisting convention of friendship,

commerce, and navigation between that Kingdom and the United States whereby

either party might after ten years terminate the same at the expiration of

one year from the date of notice for that purpose.

The considerations which led me to call the attention of Congress to that

convention and induced the Senate to adopt the resolution referred to still

continue in full force. The convention contains an article which, although

it does not directly engage the United States to submit to the imposition

of tolls on the vessels and cargoes of Americans passing into or from the

Baltic Sea during the continuance of the treaty, yet may by possibility be

construed as implying such submission. The exaction of those tolls not

being justified by any principle of international law, it became the right

and duty of the United States to relieve themselves from the implication of

engagement on the subject, so as to be perfectly free to act in the

premises in such way as their public interests and honor shall demand.

I remain of the opinion that the United States ought not to submit to the

payment of the Sound dues, not so much because of their amount, which is a

secondary matter, but because it is in effect the recognition of the right

of Denmark to treat one of the great maritime highways of nations as a

close sea, and prevent the navigation of it as a privilege, for which

tribute may be imposed upon those who have occasion to use it.

This Government on a former occasion, not unlike the present, signalized

its determination to maintain the freedom of the seas and of the great

natural channels of navigation. The Barbary States had for a long time

coerced the payment of tribute from all nations whose ships frequented the

Mediterranean. To the last demand of such payment made by them the United

States, although suffering less by their depredations than many other

nations, returned the explicit answer that we preferred war to tribute, and

thus opened the way to the relief of the commerce of the world from an

ignominious tax, so long submitted to by the more powerful nations of

Europe.

If the manner of payment of the Sound dues differ from that of the tribute

formerly conceded to the Barbary States, still their exaction by Denmark

has no better foundation in right. Each was in its origin nothing but a tax

on a common natural right, extorted by those who were at that time able to

obstruct the free and secure enjoyment of it, but who no longer possess

that power.

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