The Sun.
London, England, 1860-01-10 00:00:00

decennial periods, the one going, the one coming,

Mr. WARREN remarked—" How little could the

most penetrating sagacity have foreseen in the
opening of 1850 our condition at the open-
ing of 1860 ; and who at this moment can even

guess what will be our position at the
opening of 1870?" Adding—" The wisest and
most experienced among us may look never so
closely and comprehensively at the present aspect
of things, and scan the causes, or apparent causes

of social change now in operation—and yet will
own himself totally in the dark concerning the
future, which is, nevertheless, at this moment open
before the eye of the ALMIGHTY." In itself the
reflection is, of course, not by any means new—but
it is put to us all, at this moment, thus, in these few
and solemnising words, most opportunely. "We
have," he reminds his hearers, " a national, as well
as.an individual feature ; and let us be thoroughly
convinced that our future, in both capacities,
depends upon our conduct in both capacities—the
neglect or observance of our duties in both capa-
cities—exactly as effect depends upon cause."
Thereupon follows these admirable comments—the
most reassuring and inspiriting we have read for
many a long day, and this simply because of their
undeniable trathiulness—upon what many might
regard as the somewhat exhausted theme of our
insular defensive preparations. " Gentlemen,"
said the Recorder of Hull, on Friday, addressing
himself to his Jury, and through them to a
far larger audience, by means of the speak-
ing-trumpet of the Press—" Gentlemen, we
are, as a nation, rapidly causing to disappear those
sources of anxiety which have long and reasonably
disquieted all reflecting persons ; I allude to that
astounding contentment with our insular insecurity
which our posterity will hardly believe when they
read of, and which has now disappeared before a
sternly awakened sense of national spirit and duty,
towards the glorious and hallowed land we live in,
and all the tender and noble interests connected with
it. Every hour sees us steadily approaching a state
of impregnable strength and inaccessible security.
So to speak, half the battle is already won ; and
when once our old English spirit has been roused,
and enlightened by English good sense and intellect,
the whole battle will have been won ; anti fear of
invasion will have melted into dreamy recollections
of a doubtful and apprehensive past." Having
spoken thus in regard to the vital question of our
national security, Mr. WARREN immediately entered
upon the consideration and enumeration of those
great landmarks of our Social Progress, realised and
prospective, of which his thoughtful and well con-
sidered Charge may be accepted far and wide as a
most admirable exponent.
LAT EST.

N E NV S.

The following telegrams have been received at
Mr. Reuter's office :

AMERICA.

LIVERPOOL, TUESDAY,

The Royal Mail steamship America arrived here
this morning, and brings the following later news
from Halifax :

NEW YORK, DEC. 29,

No Speaker has yet been elected.
A great fire had broken out in Breckman and
Fulton streets, and destroyed property to the
amount of nearly one million dollars. The loss was
covered by insurance.
A negro insurrection has taken place at Bolivar
(Missouri). The burning of the town was
threatened. The insurrection has, however, been
suppressed, and the excitement abated.
The steamer Arago has arrived out. Cotton firm.
Sales in two days reached 2,000 bales. Breadstuffs
firm. Provisions quiet.
NEW ORLEANS, DEC. 28.
The sales in two days amount to 14,000 bales,
Prices easier, but no quotable change.
Freight for Cotton, 19 32d of a penny.

CANADA.

LIVERPOOL, TUESDAY.

The Montreal Ocean Mail Company's steamer
North America has arrived with dates from Mon-
treal to the 31st ult., and from New York, by tele-
graph, to the 30th.
The river St. Lawrence.was frozen over, opposite
the city.

M°ntreal flour market very firm. Grain un-
changed. Business dull.
__

DROMVILLE, DEC. 20.
Cortina' has been defeated, and is retreating.

AUSTRALIA.

(From the South _Australian Register Extraordinary.)
The following is the latest news from the four
Australian colonies, being two days later thin that
brought per mail, published for transmission by
the mail steamer Benares :
ADELAIDE, SATURDAY, 5 F.M.
The following telegrams have just been re-
ceived :

MELBOURNE, Nov. 19.
VICTORIA.

Flour steady. Adelaide brands, £l9 to £2O;
Tasmanian, £lB 10; Chilian, £l7 to £18; barrel
flour, 33s to 445; Colonial and Californian wheat,
9s; oats difficult of sale; foreign, 3s 2d to 33 10d ;
colonial, 4s to 4s 6d.
NEW SOUTH WALES.

Flour down to £2O per ton. Holders of wool are
demanding an advance, and some transactions have
taken place.

The brig Test brings 2,400 bags sugar. General
business is dull.

Queensland is to be proclaimed in a fortnight's

time.

Mr. Plunkett has been offered the Presidency of
the National Board.

TASMANIA:

Advices from Hobart Town are to the 16th inst.
The flour market is showing signs of animation,
and prices are quoted at £2O to £22.
Measures are in progress for completing the in-
terrupted telegraphic communication with the con-
tinent.

THE PENINSULAR MAILS.

The Sultan, with the above mails, arrived at
Lisbon at three p.m. on the Bth, and would leave
for Southampton, at 11 a.m. on the 9th inst.

HILARY TERM.—To-morrow, Wednesday, Hilary
Term commences, when the several courts of law and
equity will resume their sittings. The Lord Chancellor
will not receive the Judges, and • the courts will therefore
be open at 10 o'clock. The list of rules presents a very dif-
ferent appearance frpin the state of business at the coni-
mencement of Michaelmas Terni. The grrears of the com-
mon law courts were then only 90, and now they amount to
193. In the Queen's Bench thenumber is 78, consisting
of 32 rules in the new trial paper, 9 in the special paper for
ttt
ehhraesrt
feno
uar rlltehiblee4ro.
pBi
nla niroent
ehnoelfaCtrhogmee
dcmroou
iunretPs:laeBna
dns thenew
d trialu rnbue,elrre
ssi
3I
nn theat
Exchequer the rules number as many as 78, there are 2
errors and appeals for judgment, and 11 for argument, and
in the peremptory paper 8 rules ; in the special paper 2 for
judgment aid 12 for argument ; of new trials, there are 4
rules for judgment, and 39 for argument. Among the rules
for new trials is " Swinfen v. Lord Chelmsford," which
stands early in the list. The arrears in the Divorce and
Probate Comte are very heavy for the ensuing term.
A WHITE lIARE.—The pack of harriers belonging
to Mr. Entwisle, of Foxholes, Rochdale, were hunting in
Butterworth, on Thursday last, when they started a white
hare, which had been bred in that township. After having
given this fast pack a 25 minutes burst, she went to ground
in a rock earth, from whence she was taken unhurt. She
is a remarkable animal, her head, ears, and scut being
brown, similar to those of many other of her species; back
and sides and belly white. She is not of the Scotch moun-
tain breed, for those change their colour according to the
season of the year, whereas this is the same year
, all the
round. She is now in the possession of J. S. Entwsle, sq.
i L
—3lanchester Guardian.
MUSEUM OF PATENTS,
SOUTH KENSINGTON.—
Number of visitors for the week ending Jan. 7.
1,939 ; evenings, 1,3.50, total, 3,289. Since the opening of
the Museum free daily (May 12, 1858), 176,538.

PRESIDENT'S MESSAGE.

FELLOW CITIZENS OF TILE SENATE
AND HOUSE OF REPRESENTATIVES :
Our deep and heartfelt gratitude is due to that Almighty
Power which has bestowed upon us such varied and nume-
rous blessings throughout the past year. The general
health of the country has been excellent; our harvests
have been unusually plentiful, and prosperity smiles
throughout the land. Indeed, notwithstanding cur deme-
rits, we have much reason to believe, from the past events
in our history, that we have enjoyed the special protection
of Divine Providence ever since our origin as a nation. We
have been exposed to many threatening and alarming diffi-
culties in our progress ; but on each successive occasion the
impending cloud has been dissipated at the moment it ap-
peared ready to burst upon our head, and the danger to our
institutions has passed away. May we ever be under the
Divine guidance and protection.
Whilst it is the duty of the President "from time to
time to give Congress information of the state of the
Union," I shall not refer in detail to the recent sad and
bloody occurrence at Harper's Ferry. Still, it is proper
to observe that these events, however bad and cruel in
themselves, derive their chief importance from the
apprehension that they are but symptoms of an
incurable disease in the public mind, which may break out
in still more dangerous outrages, and terminate at last in
an open war by the North to abolish slavery in the South.
Whilst, for myself, I entertain no such apprehension, they
ought to afford a solemn warning to us all to beware of the
approach of danger. Our Union is a stake of such inesti-
mable value as to demand our constant and watchful vigil-
ance for its preservation. In this view, let me implore my
countrymen, North and South, to cultivate the ancient
feeling of mutual forbearance and good will towards each
other, and strive to allay thedernon spirit of sectional hatred
and strife now alive in the land. This ad vice proceeds from the
heart of an old public functionary whose services commenced
in the last generation, among the wise and conservative
statesmen of that day, now nearly all passed away, and
whose first and dearest earthly wish is to leave his country
tranquil, prosperous, united, and powerful.
We ought to reflect that in this age, and especially in
this country, there is an incessant flux and reflux of pub-
lic opinion. Questions which in their day assumed a most
threatening aspect, have now nearly gone from the memory
of men. They are volcanoes burnt out, and on the lava,
and ashes and squalid scoria3 of old eruptions grow the'
peaceful olive, the cheering vine, and the sustaining corn.
Such, in my opinion, will prove to be the fate of the present
sectional excitement, should those who wisely seek to ap-
ply the remedy, continue always to confine their efforts
within the pale of the Constitution. If this course be pur-
sued, the existing agitation on the subject of domestic
slavery, like everything human, will have its day and give
place to others and less threatening controversies. Public
opinion in this country is all powerful, and when it reaches
a dangerous excess upon any question, the good sense of
the people will furnish the corrective and bring it back
within safe limits. Still, to hasten the auspicious result, at
the present crisis, we ought to remember that every rational
creature must be presumed to intend the natural conse-
quences of his own teachings. Those who announce ab-
stract doctrines subversive of the Constitution and the
Union must not be surprised should their heated partizans
advance one step further, and attetnpt by violence to carry
those doctrines into practical effect. In this view of the
subject it ought never to be forgotten that however great
may have been the political advantages re,ulting from the
Union to every portion of our common country these will
all prove to be as nothing should the time ever arrive when
they cannot be enjoyed without serious danger to the
personal safety of the people of fifteen members of the con-
federacy. If the peace of the domestic fireside
throughout these States should ever be invaded
—if the mothers of families within this extensive re-
gion should not be able to retire to rest at night without
suffering dreadful apprehensions of what may be their own
fate and that of their children before morning—it would be
vain to recount to such a people the political benefits which
result to them from the Union. Self-preservation is the
first instinct of nature ; and therefore any state of society
in which the sword is all the time suspended over the heads
of the people, must at last become intolerable. But I in-
dulge in no such gloomy forebodings. On the contrary, I
firmly believe that the events at Harper's Ferry, by causing
the people to pause and reflect upon the possible peril to
their cherished institutions, will be the means, under Pro-
vidence, of allaying the existing excitement and preventing
future outbreaks of a similar character. They will resolve
that the Constitutinn and the Union shall not be endan-
gered by rash counsels, knowing that, should " the silver
cord be loosed or the golden bowl bo broken * * * at the
fountain," human power could never re-unite the scattered
and hostile fragments.
I cordially congratulate you upon the final settlement by
the Supreme Court of the United States of the question of
slavery in the territories, which had presented an aspect so
truly formidible at the commencement of my administration.
The right, has been established of every citizen to
take his property of any kind, including slaves,
into the common Territories belonging equally
to all the States of the Confederacy, and to
have it protected there under the federal constitu-
tion. Neither Congress nor a Territorial Legislature nor
any human power has any authority to annul or impair this
vested right. The supreme judicial tribunal of the country,
which is a co-ordinate branch of the Government, has
sanctioned and affirmed these principles of constitutional
law, so manifestly just in themselves, and so well calcu-
lated to promote peace and harmony among the States. It
is a striking proof of the sense of justice which is inherent
in our people, that the property in slaves has never been
distur bed, to my knowledge, in any of the Territories.
Even throughout the late troubles in Kansas there has
not been any attempt, as I am credibly informed, to inter-
fere, in a single instance, with the right of the master. Had
any such attempt been made the judiciary would doubtless
have afforded an adequate remedy. Should they fail to do
this hereafter, it will then be time enough to strengthen
their hands by further legislation. Had it been decided
that either Congress or the Territorial Legislature possess
the power to annul or impair the right to property in slaves,
the evil would be intolerable. In the latter event, there
would be a struggle for a majority of the members of the
Legislature at each successive election, and the sacred
rights of property held under the Federal Constitution
would depend for the time being on the result. The agi-
tation would thus be rendered incessant whilst the Terri-
torial condition remained, and its baneful influence would
keep alive a dangerous excitement among the people of the
several States.
Thus has the status of a territory, during the interme-
diate period from its first settlement until it shall become a
State, been irrrevocably fixed by the final decision of the
Supreme Court. Fortunate has this been for the prosperity
of the territories, as well as the tranquillity of the States.
Now, emigrants from thenorth and the south, the east and
the wesi, will meet in the territories on a common platform,
having brought with them that species of property best
adapted, in their own opinion, to promote their welfare.
From natural causes the slavery question will in each case
soon virtually settle itself ; and before the territory is pre-
pared for admission as a State into the Unioi, this decision
ono way or the other, will have a foregone conclusion.
Meanwhile the settlement of the new territory will proceed
without serious interruption, and its progress and prospe-
rity will not be endangered or retarded by violent political
struggles.
When in the progress of events the inhabitants of any
territory shall have reached the number required to form a
State, they will then proceed, in a regular manner, and in
the exercise of the rights of popular sovereignty, to form a
constitution preparatory to admission into the Union.
After this has been done, to employ the language of the
Kansas and Nebraska act, they " shall be received into the
Union with or without slavery, as their constitution may
Prescribe at the time of their admission." This sound prin-
ciple has happily been recognised, in some form or other, by
an almost unanimous vote of both houses of the last Con-
gress.
All lawful means at my command have been employed,
and shall continue to be employed, to execute the laws
against the African slave-trade. After a most careful and
rigorous examination of our coasts, and a thorough investi-
gation of the subject, we have not been able to discover
that any slaves have been imported into the United States
except the cargo by the Wanderer, numbering between 300
and 400. Those engaged in this unlawful enterprise have
been rigorously prosecuted, but not with so much success
as their crimes have deserved. A number of them are still
under prosecution.
Our history proves that the fathers of the republic, in ad-
vance of all other nations. condemned the African slave
trade, It was, notwithstanding, deemed expedient by the
framers of the constitution to deprive Congress of the power
to prohibit•' the migration or importation of such persons
as any of the States now existing shall think proper to ad-
mit prior to the year 1808."
It will be seen that this restriction on the power of Con-
gress was confined to such States only as might think pro-
per to admit the importation of slaves. It did not extend
to other States, or to the trade carried on abroad. Ac-
cordingly, we find that so early as the 22d March, 179 t,
Congress passed an act imposing severe penalties and
punishments upon citizens and residents of the United
States who should engage in this trade between foreign na-
tions. The provisions of this act were extended and en-
forced by the act of 10th May, 1800.
Again—the States themselves had a clear right to waive
the constitutional privilege intended for their benefit, and
to prohibit, by their own laws, this trade at any time they
thought proper pro% ious to 1801. Several of them exorcised
this right before that period, and among them some con-
taining the greatest number of slaves. This gave to Con-
gress the immediate power to act in regard to all such
States, because they themselves had removed the constitu-
tional barrier. Congress accordingly passed an act on 28th
February, 1803, " to prevent the importation of certain per-
sons into certain States whore, by the laws thereof; their
admission is prohibited." _ In this manner the importation
of African slaves into the United States was, to a certain
extent, prohibited some years in advance of 1808.
As the year 1808 approached, Congress determined not to
suffer this trade to exist even for a single day after they
had the power to abolish it. On the 2d March, 1807, they

passed an act to take effect " from and after the Ist day of
January, 1808," prohibiting the importation of African

slaves into the United States. This was followed by sub-
sequent acts of a similar character, to which I need not spe-
cially refer. Such were the principles and such the prac-

ice of our ancestors more than 60 years ago in regard to

.he African slave trade.

It did not occur to the revered patriots who had been
delegates to the convention, and afterwards became mem-
bers of Congress, that in passing these laws they had vio-
lated the Constitution which they had framed with so much

care and deliberation. They supposed that to prohibit Con-
gress, 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 labour 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 arainst 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 amend-
ment to which other portions of the Constitution were ex-
, posed. It would, then, have been wholly unnecessary to
engraft on the fiftharticleof the constitution, prescribing the
mode of its own future amendment, the proviso " that no
amendment which may bo made prior to the year 1808 shall
in no manner affect" the provision in the constitution se-
curing 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 cars 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, cannot practically be excluded
from any other State where slavery exists. And even if all
the States had separately passed laws prohibiting the im-
partation of slaves, these laws would have failed of effect
t of a naval force to capture the slavers and to guard
ts. Such 'll, force no State can employ in time of
hout the consent of Congress.
acts of Congress, it is believed, have, with very
d insignificant exceptions, accomplished their pur-
For a period of more than half a century there has
perceptible addition to the number of our domestic
During this period their advancement in civilise-
as far surpassed that of any other portion of the Afri-
- 7 race. The light and the blessings of Christianity have
been extended to them, and both their moral and physical
condition has been greatly improved..
Re-open the trade, and it would be difficult to determine
whether the effect would be more deleterious to'the inters
of the master or on those of the native-born slave. Of
evils to the master, the one most to be dreaded would-
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 mifsh:S
tend to barbarize, demoralise, and exasperate the wholit,
mass, and produce the most deplorable consequences.
The effect. upon the existing slave would, if possible, be
still more deplorable. At present he is treated with kind-
ness 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 civilisa-
tion have employed as a substitute for African slaves. Both
the philanthropy and the self-interest of the master have
combined t 3 produce this humane result. But let this trade
be re-opened, and what a considerable extent, as on a
neighbouring 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 mo-
ment to enforce their execution. There the master, intent on
the present gain, extorts from the slave as much labour as
his physical powers are capable of enduring—knowing
that, when death comes to his relief, his place can-be sup-
plied at a price reduced to the lowest point by the competi-
tion 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 capableof labourers not over-
tasked, 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 per
feet 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 sup-
ply the American market. All hopes of African civilisa-
tion would thus be ended.
On the other hand, when a market for the African slaves
shall no longer be furnished in Cuba, and thus all the world
be closed against this trade, we may then indulge a reason-
able 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 Chris-
tianity and civilisation may gradually penetrate the exist-
ing gloom.
The wisdom of the course pursued by this Government
towards 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 co-
operated 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 con
eluded at /Contain on the 18th June, 1858, and was ratified
by the President, by and with the advice and consent of the
Senate, on the 21st of December following.
On the 15th December, 1858, John E. Ward, a distin
guished citizen of Georgia, was duly commissioned as En-
voy Extraordinary and Minister Plenipotentiary to China.
He left the United States for the rlaco of his destination on
the sth 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 at 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 re-
quired by the etiquette of this strange people in ap-
proaching 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
honour of his country. When a presentation to his Ma-
jesty was found to be impossible the letter of credence from
the President was received with peculiar honours by Kweil-
ing, " the Emperor's Prime Minister and second man in
the Empire to the Emperor himself." The ratifications of
the treaty were afterwards, on the 16th of August, ex
changed in pr oper form at Pei-tsang. As the exchange did
not take place until 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 ob-
serve, that, throughout the whole transaction they appear
to have acted in good faith and in a friendly, spirit towards
the United States. It is true this has been done after their
own peculiar fashion ; but we ought to regard with a le-
nient eye the ancient customs of an empire dating back for
thousands of years, so far as this may be consistent with
our own national honour. 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 supple-
mental conventions:- the one for the adjustment and satis
faction 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 Bth of 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 thern'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 Pekin, and these conven-
tions 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 Govern-
ment, should this be thought advisable ; but, under the cir-
cumstances presented, I shall consider them binding on-
gagements 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 neces-
sary to employ the force for this purpose which Congress
had placed at my command, under their joint resolution of
2d June, 1858. On the contrary, the President of the Re-

public, 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 capi-
tal of the republic, on the 25th January, 1859, and left on
the 17th February, having in three weeks ably and success-
fully accomplished all the objects of his mission. The
treaties which he has concluded will be immediately sub-
mitted 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 prompt-
ness, efficiency, and economy with which this expedition
was fitted out and conducted. It consisted of 19 armed ves-

iels, 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 of the naval service, ex-
cept the sum of 289,000 dols., 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 were worth more

than their cost, and they are now usefully and actively em
ployed in the naval service.
The appearance of so largo 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 favour 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 con-
tinue to be of the most friendly character.
In my last annual message Lpresented a statement of the
unsatisfactory condition of our relations with Spain; and I
regret to say that this has not materially improved. With-
out special reference to other claims, even the " Cuban
claim," the payment of which has been ably urged by our
ministers, and in which more than a hundred of our citi-
zens are directly interested remain unsatisfied, notwith-
standing bdth their justice and their amount (128,635 54
dole.) had been recognised and ascertained by the Spanish
tiovemment itself.
I again recommend that an appropriation be made " to be
paid to the Spanish Government for the purpose of diNfi-
bution amongst 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 on 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 favour of the acquisition of Cuba by
fair purchase. My opinions on that measure remained un
changed. I, therefore, again invite the serious attention of
Congress to this important subject. Without a recogni-
tion of this policy on their part, it will be almost impassible
to institute negotiations with any reasonable prospect of
[mess.

t tntil a recent period there was good reason to believe
I should be able to announce to you on the present
occasion that our difficulties with Great Britain, arising out
f the Clayton and Bulwer treaty, had been finally ad-
oo
ted in a manner, alike honourable and satisfactory to
h parties. From causes, however, which the British
vernment had not anticipated, they have not completed
treaty arrangements with the Republics of Honduras and
Nicaragua, in pursuance of the understanding between
the two Governments, It is, nevertheless, confidently ex-
pected that this good work will ere long b 3 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,
the British Minister at Washington, communicating to him
a copy of the instructions which he (Mr. Marcy) had given
on the 14th of July, to Governor Stevens, of Washington
Territory, having a special reference to an " apprehended
conflict between our citizens and the British subjects in 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 dune without
implying the concession to the authorities of Great Britain,
of an exclusive right over the premises- The title ought to
be settjed 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 con-
currence "in the propriety of the course recommended to
the Governor of Washington Territory by your (Mr. Mar-
cy'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 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 arrange-
ment until the 9th of July last, when Gen. Harney paid a
visit to the island. He found upon it twenty-five American
residents with their families, and also an establishment of
the Hudson's 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 trepassing
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. Dallas, son-in-
law of Governor Douglas, came to the Island in the Eng-
lish sloop-of-war Satellite, and threatened to take this Ame-
rican (Mr. Cutter) by force to Victoria, to answer for the
trespass he had committed. The American seized his rifle
andstold Mr. Dallas if any such attempt was made he would
kill him on the spot. The affair then ended."
Under these circumstances the American settlers pre-
sented a petition to the General, "through the United
States' inspector of customs, Mr. Hobbs, to place a force
upon the Island to protect them from the Indians as well as
the oppressive interference of the authorities of the Hudson
Bay Company at Victoria with their rights as American
citizens." • The General immediately responded to this pe-
tition, and orders 1 Capt. G. E. Pickett, 9th Infantry, " to
establish his company on Bellevue, or San Juan Island, on
some suitable position near the harbour at the south-eastern
extremity." This order was promptly obeyed, and a mili-
tary 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 981. 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 colo-
nial 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 Capt. Pickett. From these it is quite clear his object
was to prevent the British authorities on Vancouver's Is-
land from exercising jurisdiction over American residents
on the Island of San Juan, as well as to protect them
against the incursions of the Indians.
that Much
l.eg
teoxnc: iteenmde ne te r
tprevailed
efro r 0
fs ocrrcadel i timesi en
betweenthroughout
the
Tihseanßariettishefhasdimaplela
jrugsetineaevtael
partiesferee tnw theas
vicinityapp rehe;n de
it
the Admiral on that station to state that he wisely and dis-
creetly forebore 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 ray opinion, demanded serf
errs attention. It would have been a great calamity for
both nations had they been precipitated into act of hostility
not on the question of title to the island, but merely con-
vrning 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 Lieut.-Gen Scott was despatched on the 17th Sep-
tember last to Washington Territory to take immediate
command of the United States forces on the Pacific coast,
should ho 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 pre-
vent collision between the British and American authori-
ties pending the negotiations between the two Govern-
ments. 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 favourable as that
of British subjects, it being understood that Capt. Pickett's
company should remain on the island. It is proper to ob-
serve that, considering thedistance from the sceneof 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 entrusted
to more competent hands. General Scott has recently re-
turned from his mission, having successfully accornplishei
its objects, and there is no longer any good reason to appre-
hend 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 improve-
ment in the affairs of Mexico since my last annual message,
and I am again obliged to ask the earnest attention of Con-
gress to the unhappy condition of that republic.
The constituent Congress of Mexico, which adjourned
on the 17th of February, 1457, adopted a constitution and
provided for a popular election. This took place in the
following July (1837), and General Comonfort was chosen
President, almost without opposition. At tha same
election a new Congress was chosen, whose first sessi( n
commenced on the 16th of September, 1857. By the con-
stitution of 1857 the Presidential term was to begin on the
Ist of December,-185q, and continue for four years. Oa
that day General Commonfort appeared before the assem-
bled Congress in the city of Mexico, took the oath to sup-
port the new constitution, and was duly inaugurate 1 as
President. Within a month afterwards he had been driven
from the capital, and a military rebellion had assigned the
supreme power of the republic to General Zu'oaga. Ti e
constitution provided that in the absence of the President
his office should devolve upon the Chief Justice of the Su-
preme Court, and Gen. Comonfort having left the country,
his functionary, General Juarez, proceeded to form, I t
Guanajuata, a constitutional government. Before this was
officially known, however, at the capital the government
of Zuloaga had been recognised by the entire diplomatic
corps, including the Minister of the United States, as the
de facto government of Mexico. The constitutional Presi-
dent, nevertheless, maintained his position with firmness,
and was Soon established with his cabinet at Vera Cruz.
Meanwhile, the government of ZulOaga was earnestly re-