  WASHINGTON, December 7, 1858. To the Senate of the United States: I transmit to the Senate, for its consideration with a view to ratification, a treaty of amity and commerce between the United States and Japan, concluded at the city of Yeddo on the 29th of July last. JAMES BUCHANAN. WASHINGTON, December 7, 1858. To the Senate of the United States: I transmit to the Senate, for its consideration with a view to ratification, a treaty between the United States and China, signed at Tien-tsin by the plenipotentiaries of the parties on the 18th day of June last. JAMES BUCHANAN. EXECUTIVE MANSION, December 10, 1858. The PRESIDENT OF THE SENATE. SIR: In compliance with the resolution of the Senate of June 12, 1858, I herewith communicate a report from the Secretary of the Interior, showing "the amount of money paid for pensions in each of the States and Territories since the commencement of the present Government." JAMES BUCHANAN. WASHINGTON, December 10, 1858. To the Senate and House of Representatives: I transmit to Congress a copy of the treaty between the United States and the Kingdom of Siam, concluded on the 29th of May, 1856, and proclaimed on the 16th of August last, and call the attention of that body to the necessity of an act for carrying into effect the provisions of Article II of the said treaty, conferring certain judicial powers upon the consul of the United States who may be appointed to reside at Bangkok. I would also suggest that the extension to the Kingdom of Siam of the provisions of the act approved August 11, 1848, entitled "An act to carry into effect certain provisions in the treaties between the United States and China and the Ottoman Porte, giving certain judicial powers to ministers and consuls of the United States in those countries," might obviate the necessity of any other legislation upon the subject. JAMES BUCHANAN. EXECUTIVE OFFICE, Hon. JAMES L. ORR, SIR: In compliance with a resolution of the House of Representatives of the 13th instant, requesting the President of the United States, if not inconsistent with the public interest, "to communicate all information in his possession, or which may shortly come into his possession, respecting the reported recent acts of visitation by officers of the British navy of American vessels in the waters of the Gulf of Mexico," I transmit the accompanying reports from the Secretaries of State and the Navy. The report from the Secretary of State is not in strictness embraced by the terms of the resolution, but I deem it advisable to communicate to the House the information therein contained. JAMES BUCHANAN. WASHINGTON, December 20, 1858. To the Senate of the United States: I transmit a report from the Secretary of State, with accompanying documents, in answer to the resolution of the Senate of the 7th of January last, calling for all the official dispatches and correspondence of the Hon. Robert M. McLane and of the Hon. Peter Parker, late commissioners of the United States in China, with the Department of State. JAMES BUCHANAN. WASHINGTON, December 20, 1858. To the Senate of the United States: The Senate will learn from the thirty-five naval nominations herewith submitted the result of my investigations under the resolutions of Congress of March 10 and May 11, 1858. In compliance with these resolutions, I have carefully examined the records of the courts of inquiry in fifty-eight cases, and have arrived at the conclusion that twenty-three of the officers ought to remain in the positions where they have been fixed by the courts of inquiry. The records are very voluminous and the labor of examination, in which I have been materially assisted by the Secretary of the Navy, the Attorney-General, and the Commissioner of Patents, has consumed much time. Under the act of January 17, 1857, the courts of inquiry were directed to investigate "the physical, mental, professional, and moral fitness" of each officer who applied to them for relief. These investigations it was my duty to review. They have been very extensive and searching, as the Senate will perceive from an examination of the records, embracing in many instances almost the entire professional life of the individual from his first entrance into the service. In the performance of my duty I found the greatest difficulty in deciding what should be considered as "moral fitness" for the Navy. Physical, mental, and professional fitness may be decided with a considerable degree of accuracy by a naval court of inquiry, but the question of moral fitness is of a very different character. There has been but one perfect standard of morality on earth, and how far a departure from His precepts and example must proceed in order to disqualify an officer for the naval service is a question on which a great difference of honest opinion must always exist. On this question I have differed in several instances from the courts of inquiry. There is one nomination which I regret that I have not the power to present to the Senate, and this is in the case of Commodore Stewart. His name stood on the Register at the head of the list of captains in the Navy until it was removed from this well-earned position by the retiring board and placed on the list of retired officers. The deeply wounded feelings of this veteran officer, who had contributed so much to the efficiency and glory of the Navy from its infancy, prevented him from applying for restoration to his rank and submitting to a court of inquiry composed of his junior officers the question of his "physical, mental, professional, and moral fitness" for the naval service. I would ere this have recommended to Congress the passage of a joint resolution to restore him to his former rank had I not believed this would more appropriately emanate from the legislative branch of Government. I transmit herewith to the Senate the original records in the fifty-eight cases to which I have referred. After they shall have been examined by the Senate I would respectfully request that they might be returned to the Navy Department. JAMES BUCHANAN. WASHINGTON, December 22, 1858. To the Senate of the United States: I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States and Belgium for regulating the commerce and navigation between the two countries, signed in this city on the 17th of July last. JAMES BUCHANAN. WASHINGTON, December 23, 1858. To the Senate of the United States: I transmit for the consideration of the Senate a convention with New Granada, signed on the 10th day of September, 1857, and a translation of the decree of the President of that Republic ratifying and confirming the same with certain modifications and explanations. JAMES BUCHANAN. WASHINGTON, December 27, 1858. To the Senate and House of Representatives: I transmit a copy of a letter of the 8th of April last from the minister of the United States in China, and of the decree and regulation which accompanied it, for such revision thereof as Congress may deem expedient, pursuant to the sixth section of the act approved 11th August, 1848. JAMES BUCHANAN. WASHINGTON, January 4, 1859. To the House of Representatives: I herewith transmit to the House of Representatives the report of the Secretary of the Treasury, with the accompanying documents, containing the information called for by the resolution of the House of the 23d December, 1858, concerning the correspondence in reference to the clearance of vessels at the port of Mobile. JAMES BUCHANAN. WASHINGTON, January 5, 1859. To the Senate of the United States: I transmit herewith, for the constitutional action of the Senate, the articles of agreement and convention made and concluded on the 19th day of June last with the Mendawakanton and Wahpakoota bands of the Dakota or Sioux Indians. JAMES BUCHANAN. WASHINGTON, January 5, 1859. To the Senate of the United States: I transmit herewith, for the constitutional action of the Senate, the articles of agreement and convention made and concluded on the 19th day of June last (1858) with the Sisseeton and Wahpaton bands of the Dakota or Sioux Indians, with accompanying papers from the Department of the Interior. JAMES BUCHANAN. WASHINGTON, January 5, 1859. To the Senate of the United States: I transmit herewith to the Senate, for its consideration with a view to ratification, a convention between the United States and the Republic of Chili, signed by the plenipotentiaries of the parties on the 10th day of November last, providing for the reference to an arbiter of the questions which have long been in controversy between the two Governments relative to a sum of money, the proceeds of the cargo of the brig Macedonia, alleged to have belonged to citizens of the United States, which was seized in the Valley of Sitana, in Peru, by orders of an officer in the service of the Republic of Chili. JAMES BUCHANAN. WASHINGTON CITY, January 6, 1859. To the House of Representatives: I herewith transmit to the House of Representatives a report from the Secretary of the Navy, with accompanying papers, in compliance with a resolution adopted December 23, 1858, requesting the President of the United States "to communicate to the House, if not deemed by him incompatible with the public interest, the instructions which have been given to our naval commanders in the Gulf of Mexico." JAMES BUCHANAN. WASHINGTON, January 7, 1859. To the House of Representatives: I herewith transmit reports from the Secretary of the Treasury and Postmaster-General, with the accompanying papers, in compliance with the resolution of the House adopted December 23, 1858, requesting the President of the United States to report "what action, if any, has been taken under the sixth section of the Post-Office appropriation act approved August 18, 1856, for the adjustment of the damages due Carmick & Ramsey, and if the said section of said law yet remains unexecuted that the President report the reasons therefor." JAMES BUCHANAN. WASHINGTON, January 11, 1859. To the Senate of the United States: In reply to the resolution of the Senate passed on the 16th ultimo, requesting me to communicate, if in my opinion not incompatible with the public interest, any information in my possession in relation to the landing of the bark Wanderer on the coast of Georgia with a cargo of slaves, I herewith communicate the report made to me by the Attorney-General, to whom the resolution was referred. From that report it will appear that the offense referred to in the resolution has been committed and that effective measures have been taken to see the laws faithfully executed. I concur with the Attorney-General in the opinion that it would be incompatible with the public interest at this time to communicate the correspondence with the officers of the Government at Savannah or the instructions which they have received. In the meantime every practicable effort has been made, and will be continued, to discover all the guilty parties and to bring them to justice. JAMES BUCHANAN. WASHINGTON CITY, January 13, 1859. To the House of Representatives: I herewith transmit a report from the Comptroller, with a copy of the letter of Messrs. Johnson and Williams, in relation to the decision upon the Carmick & Ramsey claim. This should have accompanied the papers which have already been transmitted to the House, but was omitted by mistake. JAMES BUCHANAN. WASHINGTON, January 15, 1859. To the House of Representatives: I transmit a report from the Secretary of State, in answer to the resolution of the House of Representatives of the 10th instant, requesting a communication of the correspondence between this Government and France and England respecting the acquisition of Cuba by the United States. JAMES BUCHANAN. WASHINGTON, January 19, 1859. To the Senate of the United States: In compliance with the resolution of the Senate of the 14th of June last, requesting a list of claims of citizens of the United States on foreign governments, I transmit a report from the Secretary of State, with the documents which accompanied it. JAMES BUCHANAN. WASHINGTON CITY, January 21, 1859. To the House of Representatives: I have this day transmitted to the Senate a digest of the statistics of manufactures, according to the returns of the Seventh Census, prepared under the direction of the Secretary of the Interior in accordance with a provision contained in the first section of an act of Congress approved June 12, 1858, entitled "An act making appropriations for sundry civil expenses of the Government for the year ending the 30th of June, 1859." The magnitude of the work has prevented the preparation of another copy. JAMES BUCHANAN. WASHINGTON CITY, January 21, 1859. To the Senate of the United States: I transmit herewith a report from the Secretary of State, in answer to the resolution of the Senate of the 18th instant, requesting the President, if not incompatible with the public interest, "to communicate to the Senate any and all correspondence between the Government of the United States and the Government of Her Catholic Majesty relating to any proposition for the purchase of the island of Cuba, which correspondence has not been furnished to either House of Congress." From this it appears that no such correspondence has taken place which has not already been communicated to Congress. In my late annual message I stated in reference to the purchase of Cuba that "the publicity which has been given to our former negotiations on 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." I still entertain the same opinion, deeming it highly important, if not indispensable to the success of any negotiation which I might institute for this purpose, that the measure should receive the previous sanction of Congress. JAMES BUCHANAN. WASHINGTON, January 21, 1859. To the Senate of the United States: I herewith transmit to the Senate a digest of the statistics of manufactures according to the returns of the Seventh Census, prepared under the direction of the Secretary of the Interior in accordance with a provision in the first section of an act of Congress approved June 12, 1858, entitled "An act making appropriations for sundry civil expenses of the Government for the year ending the 30th of June, 1859." JAMES BUCHANAN. WASHINGTON, January 26, 1859. To the Senate of the United States: I transmit another report from the Secretary of State, in answer to the resolution of the Senate of the 14th of June last, requesting information on the subject of claims of citizens of the United States against foreign governments. JAMES BUCHANAN. WASHINGTON, January 26, 1859. To the Senate and House of Representatives: I transmit to Congress a report, dated the 25th instant, with the accompanying papers, received from the Secretary of State, in compliance with the requirement of the eighteenth section of the act entitled "An act to regulate the diplomatic and consular systems of the United States," approved August 18, 1856. JAMES BUCHANAN. WASHINGTON, January 29, 1859. To the Senate and House of Representatives: I transmit a report from the Secretary of War, with the accompanying documents, recommending the repayment to Governor Douglas, of Vancouvers Island, of the sum of $7,000, advanced by him to Governor Stevens, of Washington Territory, which was applied to the purchase of ammunition and subsistence stores for the forces of the United States in time of need and at a critical period of the late Indian war in that Territory. As this advance was made by Governor Douglas out of his own private means and from friendly motives toward the United States, I recommend that an appropriation may be made for its immediate payment, with interest. JAMES BUCHANAN. WASHINGTON, January 29, 1859. To the Senate of the United States: In compliance with the resolution of the Senate of the 25th instant, I transmit a copy of the report of the special agent of the United States recently sent to Vancouvers Island and British Columbia. JAMES BUCHANAN. WASHINGTON, February 5, 1859. To the Senate of the United States: In reply to the resolution of the Senate of the 4th ultimo, I transmit a report from the Secretary of State, together with the papers JAMES BUCHANAN. WASHINGTON CITY, February 8, 1859. To the House of Representatives: I transmit herewith a report from the Secretary of the Navy, in compliance with the resolution of the House of Representatives adopted on the 24th of January, requesting the President of the United States to communicate to the House "the aggregate expenditure, of whatsoever nature, including all salaries, whether special or by virtue of official position in the Army or Navy or otherwise, on account of the preparation and publication of the work known as Wilkes's Exploring Expedition;" also, what number of copies of the said work have been ordered, how they have been distributed, what number of persons are now employed thereon, how long they have been employed, respectively, and the amount of the appropriation now remaining undrawn. JAMES BUCHANAN. WASHINGTON, February 12, 1859. To the House of Representatives: I transmit herewith a report from the Secretary of State, with accompanying papers, in answer to the resolution of the House of Representatives of the 14th of June last, requesting the communication of all information and correspondence which may have been received in regard to any consular officer engaged in business in violation of law. JAMES BUCHANAN. WASHINGTON CITY, February 15, 1859. To the House of Representatives: I transmit herewith a report from the Attorney-General, in reply to the resolution of the House of Representatives adopted on the 22d ultimo, requesting the President of the United States to "report what information has been received by him, if any, in regard to the recent importation of Africans into the State of Georgia or any other State of this Union, and what steps have been taken to bring to trial and punishment the persons engaged in this inhuman violation of the laws of the United States and to prevent similar violations hereafter." JAMES BUCHANAN. WASHINGTON, February 18, 1859. To the Senate and House of Representatives: The brief period which remains of your present session and the great urgency and importance of legislative action before its termination for the protection of American citizens and their property whilst in transit across the Isthmus routes between our Atlantic and Pacific possessions render it my duty again to recall this subject to your notice. I have heretofore presented it in my annual messages, both in December, 1857 and 1858, to which I beg leave to refer. In the latter I state that— 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 Tehuantepee routes. Another subject, equally important, commanded the attention of the Senate at the last session of Congress. The Republics south of the United States on this continent have, unfortunately, been frequently in a state of revolution and civil war ever since they achieved their independence. As one or the other party has prevailed and obtained possession of the ports open to foreign commerce, they have seized and confiscated American vessels and their cargoes in an arbitrary and lawless manner and exacted money from American citizens by forced loans and other violent proceedings to enable them to carry on hostilities. The executive governments of Great Britain, France, and other countries, possessing the war-making power, can promptly employ the necessary means to enforce immediate redress for similar outrages upon their subjects. Not so the executive government of the United States. If the President orders a vessel of war to any of these ports to demand prompt redress for outrages committed, the offending parties are well aware that in case of refusal the commander can do no more than remonstrate. He can resort to no hostile act. The question must then be referred to diplomacy, and in many cases adequate redress can never be obtained. Thus American citizens are deprived of the same protection under the flag of their country which the subjects of other nations enjoy. The remedy for this state of things can only be supplied by Congress, since the Constitution has confided to that body alone the power to make war. Without the authority of Congress the Executive can not lawfully direct any force, however near it may be to the scene of difficulty, to enter the territory of Mexico, Nicaragua, or New Granada for the purpose of defending the persons and property of American citizens, even though they may be violently assailed whilst passing in peaceful transit over the Tehuantepec, Nicaragua, or Panama routes. He can not, without transcending his constitutional power, direct a gun to be fired into a port or land a seaman or marine to protect the lives of our countrymen on shore or to obtain redress for a recent outrage on their property. The banditti which infest our neighboring Republic of Mexico, always claiming to belong to one or other of the hostile parties, might make a sudden descent on Vera Cruz or on the Tehuantepec route, and he would have no power to employ the force on shipboard in the vicinity for their relief, either to prevent the plunder of our merchants or the destruction of the transit. In reference to countries where the local authorities are strong enough to enforce the laws, the difficulty here indicated can seldom happen; but where this is not the case and the local authorities do not possess the physical power, even if they possess the will, to protect our citizens within their limits recent experience has shown that the American Executive should itself be authorized to render this protection. Such a grant of authority, thus limited in its extent, could in no just sense be regarded as a transfer of the war-making power to the Executive, but only as an appropriate exercise of that power by the body to whom it exclusively belongs. The riot at Panama in 1856, in which a great number of our citizens lost their lives, furnishes a pointed illustration of the necessity which may arise for the exertion of this authority. I therefore earnestly recommend to Congress, on whom the responsibility exclusively rests, to pass a law before their adjournment conferring on the President the power to protect the lives and property of American citizens in the cases which I have indicated, under such restrictions and conditions as they may deem advisable. The knowledge that such a law exists would of itself go far to prevent the outrages which it is intended to redress and to render the employment of force unnecessary. Without this the President may be placed in a painful position before the meeting of the next Congress. In the present disturbed condition of Mexico and one or more of the other Republics south of us, no person can foresee what occurrences may take place before that period. In case of emergency, our citizens, seeing that they do not enjoy the same protection with subjects of European Governments, will have just cause to complain. On the other hand, should the Executive interpose, and especially should the result prove disastrous and valuable lives be lost, he might subject himself to severe censure for having assumed a power not confided to him by the Constitution. It is to guard against this contingency that I now appeal to Congress. Having thus recommended to Congress a measure which I deem necessary and expedient for the interest and honor of the country, I leave the whole subject to their wisdom and discretion. JAMES BUCHANAN. WASHINGTON, February 18, 1859. To the Senate of the United States: I transmit to the Senate, for its consideration with a view to ratification, two conventions between the United States and China, one providing for the adjustment of claims of citizens of the United States on the Government of that Empire, the other for the regulation of trade, both signed at Shanghai on the 8th of November last. A copy of the dispatches of Mr. Reed to the Department of State on the subject is also herewith transmitted. JAMES BUCHANAN. WASHINGTON CITY, February 25, 1859. To the House of Representatives: I transmit herewith a report from the Secretary of the Navy, with the accompanying documents, in obedience to the resolution of the House of Representatives adopted on the 28th of January, requesting the President of the United States "to communicate to this House a copy of all instructions given to the commanders of our African squadron since the ratification of the treaty of 1842, called the Washington treaty, with a copy or statement of whatever regulations were entered into by the commanders of the two squadrons for more fully accomplishing the object of the eighth article of said treaty," etc. JAMES BUCHANAN. WASHINGTON, February 26, 1859. To the Senate of the United States: In answer to the resolution of the Senate of the 23d instant, requesting a copy of certain letters of Horatio J. Perry, late secretary to the legation of the United States at Madrid, I transmit a report from the Secretary of State, with the documents which accompanied it. JAMES BUCHANAN. WASHINGTON CITY, March 1, 1859. To the Senate of the United States: I transmit herewith a report from the Secretary of War, with accompanying paper, in obedience to the resolution of the Senate adopted 23d February, requesting the President of the United States "to communicate to the Senate a copy of the opinion of Judge Brewer in the Great Falls land condemnation case, involving a claim for damages to be paid by the United States." JAMES BUCHANAN. WASHINGTON, March 2, 1859. To the Senate of the United States: I transmit to the Senate, in executive session, the report of the Secretary of State, with the accompanying documents, in reply to the resolution of the Senate adopted in open session on the 11th January last, relating to outrages committed on citizens of the United States on the Isthmus of Panama. JAMES BUCHANAN. To the House of Representatives: In compliance with the resolution of the House of Representatives of the 25th ultimo, I transmit a copy of the report of the special agent of the United States recently sent to Vancouvers Island and British Columbia. JAMES BUCHANAN. MARCH 3, 1859. WASHINGTON, March 3, 1859. To the Senate and House of Representatives: An imperative sense of duty compels me to make an appeal to Congress to preserve the credit of the country. This is the last day of the present Congress, and no provision has yet been made for the payment of appropriations and to meet the outstanding Treasury notes issued under the authority of law. From the information which has already been communicated to Congress by the Secretary of the Treasury it is manifest that the ordinary receipts into the Treasury, even under the most favorable circumstances, will scarcely meet the ordinary expenses of the Government during the remainder of the present fiscal year, ending on the 30th of June. At that time nearly eighteen millions of Treasury notes will have become due, and many of those not yet due are daily paid for duties at the different ports, and there will be no means in the Treasury to meet them. Thus the country, which is full of resources, will be dishonored before the world, and the American people, who are a debt-paying people, will be disgraced by the omission on our part to do our duty. It is impossible to avoid this catastrophe unless we make provision this very day to meet the lawful demands on the public Treasury. If this were the first instead of the last session of a Congress, the case would be different. You might then be convened by proclamation for to-morrow morning. But there are now thirteen States of the Union, entitled to seventy-eight Representatives, in which none have been elected. It will therefore be impracticable for a large majority of these States to elect their Members before the Treasury shall be compelled to stop payment. Under these circumstances I earnestly recommend to Congress to make provision within the few remaining hours of the session for the preservation of the public credit. The urgency of the case not only justifies but demands that, if necessary, this shall be done by a separate bill. We ought to incur no risk when the good faith of the country is at stake. JAMES BUCHANAN. |
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