SPECIAL MESSAGES.

WASHINGTON, December 12, 1853.

To the Senate of the United States:

In answer to the resolutions of the Senate of the 17th of August, 1852, and 23d of February last, requesting a copy of correspondence relative to the claim on the Government of Portugal in the case of the brig General Armstrong, I transmit a report from the Secretary of State, to whose Department the resolutions were referred.

FRANKLIN PIERCE.

WASHINGTON, December 12, 1853.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification, a treaty of friendship, commerce, and navigation between the United States and Paraguay, concluded on the 4th of March last.

FRANKLIN PIERCE.

WASHINGTON, December 12, 1853.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification, a treaty for the free navigation of the rivers Parana and Uruguay between the United States and the Argentine Confederation, concluded on the 10th of July last.

FRANKLIN PIERCE.

WASHINGTON, December 12, 1853.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification, a treaty of friendship, commerce, and navigation between the United States and the Argentine Confederation, concluded on the 27th of July last.

FRANKLIN PIERCE.

WASHINGTON, December 12, 1853.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification, a convention for the mutual extradition of fugitives from justice in certain cases, concluded at London on the 12th day of September last between the Government of the United States and the Kingdom of Bavaria.

FRANKLIN PIERCE.

WASHINGTON, December 19, 1853.

To the Senate of the United States:

I transmit certain documents in answer to the resolution of the Senate of the 6th of April ultimo, requesting information in regard to transactions between Captain Hollins, of the Cyane, and the authorities at San Juan de Nicaragua.

FRANKLIN PIERCE.

WASHINGTON, December 23, 1853.

To the Senate of the United States:

In answer to the resolution of the Senate of the 18th January, 1853, in regard to the claims of American citizens against Hayti and to the correspondence of the special agent sent to Hayti and St. Domingo in 1849, I transmit a report from the Secretary of State and the documents by which it is accompanied.

FRANKLIN PIERCE.

WASHINGTON, December 31, 1853.

To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, with accompanying papers,[1] in answer to their resolution of the 12th instant.

FRANKLIN PIERCE.

WASHINGTON CITY, January 9, 1854.

To the Senate of the United States:

I herewith communicate to the Senate a letter from the Secretary of the Interior, accompanied by a report of the result of an investigation of the charge of fraud and misconduct in office alleged against Alexander Ramsey, superintendent of Indian affairs in Minnesota, which I have caused to be made in compliance with the Senate's resolution of the 5th of April last.

FRANKLIN PIERCE.

WASHINGTON, January 9, 1854.

To the House of Representatives:

In answer to the resolution of the House of Representatives of the 3d of January, 1854, I have the honor to transmit herewith a letter of the Secretary of the Navy and the papers[2] accompanying it.

FRANKLIN PIERCE.

WASHINGTON, January 19, 1854.

To the House of Representatives:

I transmit herewith a report from the Secretary of State, with accompanying documents,[3] in compliance with the resolution of the House of Representatives of the 3d instant.

FRANKLIN PIERCE.

WASHINGTON, January 23, 1854.

To the Senate and House of Representatives:

I transmit to Congress a report of the Secretary of State, together with the set of works illustrative of the exhibition in London of 1851 to which it refers, in order that such disposal may be made of them as may be deemed advisable.

FRANKLIN PIERCE.

WASHINGTON, January 25, 1854.

To the Senate of the United States:

I transmit herewith a report from the Secretary of State, with accompanying documents,[4] in compliance with a resolution of the Senate of the 23d instant.

FRANKLIN PIERCE.

WASHINGTON, February 2, 1854.

To the House of Representatives:

I transmit herewith a report from the Secretary of State, with accompanying documents,[5] in compliance with the resolution of the House of Representatives of the 30th ultimo.

FRANKLIN PIERCE.

EXECUTIVE OFFICE, February 4, 1854.

To the Senate of the United States:

I submit to the Senate herewith, for their constitutional action thereon, a treaty negotiated on the 27th of July, 1853, by Agent Thomas Fitzpatrick, on behalf of the United States, with the Comanche, Kiowa, and Apache Indians inhabiting the territory on the Arkansas River.

FRANKLIN PIERCE.

EXECUTIVE OFFICE, February 4, 1854.

To the Senate of the United States:

I submit to the Senate herewith, for their constitutional action thereon, two treaties, one negotiated on the 10th day of September, 1853, by Superintendent Joel Palmer and Agent Samuel H. Culver, on the part of the United States, and the chiefs and headmen of the bands of the Rogue River tribe of Indians in Oregon; the other negotiated on the 19th of the same month, on behalf of the Government by the said superintendent, with the chiefs of the Crow Creek band of Umpqua Indians in said Territory.

FRANKLIN PIERCE.

WASHINGTON, February 6, 1854.

To the House of Representatives:

I transmit a report from the Secretary of State upon the subject of the resolution[6] of the House of Representatives of the 14th of December last, and recommend that the appropriation therein suggested as being necessary to enable him to comply with the resolution be made.

FRANKLIN PIERCE.

WASHINGTON, February 10, 1854.

To the Senate and House of Representatives:

I herewith transmit a communication from the Secretary of the Navy, accompanied by the second part of Lieutenant Herndon's report of the exploration of the valley of the Amazon and its tributaries, made by him in connection with Lieutenant Lardner Gibbon under instructions from the Navy Department.

FRANKLIN PIERCE.

WASHINGTON, February 10th, 1854.

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 the Mexican Republic, signed by the plenipotentiaries of the parties in the City of Mexico on the 30th of December last. Certain amendments are proposed to the instrument, as hereinafter specified, viz:

In order to make the duties and obligations stipulated in the second article reciprocal, it is proposed to add to that article the following:

And the Government of Mexico agrees that the stipulations contained in this article to be performed by the United States shall be reciprocal, and Mexico shall be under like obligations to the United States and the citizens thereof as those hereinabove imposed on the latter in favor of the Republic of Mexico and Mexican citizens.

It is also recommended that for the third article of the original treaty the following shall be adopted as a substitute:

In consideration of the grants received by the United States and the obligations relinquished by the Mexican Republic pursuant to this treaty, the former agree to pay to the latter the sum of $15,000,000 in gold or silver coin at the Treasury at Washington, one-fifth of the amount on the exchange of ratifications of the present treaty at Washington and the remaining four-fifths in monthly installments of three millions each, with interest at the rate of 6 per cent per annum until the whole be paid, the Government of the United States reserving the right to pay up the whole sum of fifteen millions at an earlier date, as may be to it convenient. The United States also agree to assume all the claims of their citizens against the Mexican Republic which may have arisen under treaty or the law of nations since the date of the signature of the treaty of Guadalupe, and the Mexican Republic agrees to exonerate the United States of America from all claims of Mexico or Mexican citizens which may have arisen under treaty or the law of nations since the date of the treaty of Guadalupe, so that each Government, in the most formal and effective manner, shall be exempted and exonerated of all such obligations to each other respectively.

I also recommend that the eighth article be modified by striking out all after the word "attempts" in the twenty-third line of that article. The part to be omitted is as follows:

They mutually and especially obligate themselves, in all cases of such lawless enterprises which may not have been prevented through the civil authorities before formation, to aid with the naval and military forces, on due notice being given by the aggrieved party of the aggressions of the citizens and subjects of the other, so that the lawless adventurers may be pursued and overtaken on the high seas, their elements of war destroyed, and the deluded captives held responsible in their persons and meet with the merited retribution inflicted by the laws of nations against all such disturbers of the peace and happiness of contiguous and friendly powers. It being understood that in all cases of successful pursuit and capture the delinquents so captured shall be judged and punished by the government of that nation to which the vessel capturing them may belong, conformably to the laws of each nation.

At the close of the instrument it will also be advisable to substitute "seventy-eighth" for "seventy-seventh" year of the Independence of the United States.

FRANKLIN PIERCE.

WASHINGTON, February 13, 1854.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification, an additional article to the convention for the establishment of international copyright, which was concluded at Washington on the 17th of February, 1853, between the United States of America and Her Britannic Majesty, extending the time limited in that convention for the exchange of the ratifications of the same.

FRANKLIN PIERCE.

WASHINGTON, February 23, 1854.

To the Senate of the United States:

I communicate herewith a report from the Secretary of State and the documents[7] therein referred to, in compliance with the resolution of the Senate of the 13th instant.

FRANKLIN PIERCE.

WASHINGTON, March 1, 1854.

To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, with accompanying documents,[8] in compliance with their resolution of the 2d ultimo.

FRANKLIN PIERCE.

WASHINGTON, March 1, 1854.

To the House of Representatives:

In accordance with the resolution of the House of Representatives of the 13th instant, requesting information respecting negotiations with Peru for the removal of restrictions upon the exportation of guano, I transmit herewith a report from the Secretary of State, with the correspondence therein referred to.

FRANKLIN PIERCE.

WASHINGTON, March 1, 1854.

To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives of the 23d January last, "that the President of the United States be respectfully requested to furnish this House with copies of all contracts made by and correspondence subsequently with the Chief of the Bureau of Topographical Engineers for furnishing materials of wood and stone for improving the harbors and rivers on Lake Michigan, under and by virtue of the act making appropriations for the improvement of certain harbors and rivers," approved August 30, 1852, I transmit a letter of the Secretary of War submitting a report of the Colonel of Topographical Engineers inclosing copies of the contracts and correspondence called for.

FRANKLIN PIERCE.

WASHINGTON, March 1, 1854.

To the Senate of the United States:

In answer to the resolution of the Senate of the 7th of December last, requesting me to present to the Senate the plan referred to in my annual message to Congress, and recommended therein, for the enlargement and modification of the present judicial system of the United States, I transmit a report from the Attorney-General, to whom the resolution was referred.

FRANKLIN PIERCE.

WASHINGTON, March 1, 1854.

To the House of Representatives:

I transmit herewith a report of the Attorney-General, in answer to the resolutions of the House of the 22d of December, requesting me to communicate to the House the plan for the modification and enlargement of the judicial system of the United States, recommended in my annual message to Congress.

FRANKLIN PIERCE.

WASHINGTON, March 7, 1854.

To the Senate of the United States:

I transmit herewith a report from the Secretary of State and the documents[9] therein referred to, in answer to the resolution of the Senate of the 26th March, 1853.

FRANKLIN PIERCE.

WASHINGTON, March 7, 1854.

To the Senate of the United States:

I transmit herewith a report from the Secretary of State and the documents[10] therein referred to, in answer to the resolution of the Senate in executive session of the 3d January, 1854.

FRANKLIN PIERCE.

WASHINGTON, March 11, 1854.

To the Senate of the United States:

I transmit herewith to the Senate a report of the Secretary of State, with accompanying documents,[11] in compliance with their resolution of the 9th of March, 1853.

FRANKLIN PIERCE.

WASHINGTON, March 14, 1854.

To the Senate of the United States:

In transmitting to the Senate the report of the Secretary of State, together with the documents therein referred to, being the correspondence called for by the resolution of that body of the 9th of January last, I deem it proper to state briefly the reasons which have deterred me from sending to the Senate for ratification the proposed convention between the United States of America and the United Mexican States, concluded by the respective plenipotentiaries of the two Governments on the 21st day of March, 1853, on the subject of a transit way across the Isthmus of Tehuantepec.

Without adverting to the want of authority on the part of the American minister to conclude any such convention, or to the action of this Government in relation to the rights of certain of its citizens under the grant for a like object originally made to Josè Garay, the objections to it upon its face are numerous, and should, in my judgment, be regarded as conclusive.

Prominent among these objections is the fact that the convention binds us to a foreign Government, to guarantee the contract of a private company with that Government for the construction of the contemplated transit way, "to protect the persons engaged and property employed in the construction of the said work from the commencement thereof to its completion against all confiscation, spoliation, or violence of whatsoever nature," and to guarantee the entire security of the capital invested therein during the continuance of the contract. Such is the substance of the second and third articles.

Hence it will be perceived that the obligations which this Government is asked to assume are not to terminate in a few years, or even with the present generation.

And again: "If the regulations which may be prescribed concerning the traffic on said transit way shall be clearly contrary to the spirit and intention of this convention," even then this Government is not to be at liberty to withdraw its "protection and guaranty" without first giving one year's notice to the Mexican Government.

When the fact is duly considered that the responsibility of this Government is thus pledged for a long series of years to the interests of a private company established for purposes of internal improvement, in a foreign country, and that country peculiarly subject to civil wars and other public vicissitudes, it will be seen how comprehensive and embarrassing would be those engagements to the Government of the United States.

Not less important than this objection is the consideration that the United States can not agree to the terms of this convention without disregarding the provisions of the eighth article of the convention which this Government entered into with Great Britain on April 19, 1850, which expressly includes any interoceanic communication whatever by the Isthmus of Tehuantepec. However inconvenient may be the conditions of that convention, still they exist, and the obligations of good faith rest alike upon the United States and Great Britain.

Without enlarging upon these and other questionable features of the proposed convention which will suggest themselves to your minds, I will only add that after the most careful consideration I have deemed it my duty not to ask for its ratification by the Senate.

FRANKLIN PIERCE.

WASHINGTON, March 15, 1854.

To the House of Representatives:

In compliance with the resolution of the House of Representatives of the 10th instant, I herewith transmit a report of the Secretary of State, containing all the information received at the Department in relation to the seizure of the Black Warrior at Havana on the 28th ultimo.

There have been in the course of a few years past many other instances of aggression upon our commerce, violations of the rights of American citizens, and insults to the national flag by the Spanish authorities in Cuba, and all attempts to obtain redress have led to protracted, and as yet fruitless, negotiations.

The documents in these cases are voluminous, and when prepared will be sent to Congress.

Those now transmitted relate exclusively to the seizure of the Black Warrior, and present so clear a case of wrong that it would be reasonable to expect full indemnity therefor as soon as this unjustifiable and offensive conduct shall be made known to Her Catholic Majesty's Government; but similar expectations in other cases have not been realized.

The offending party is at our doors with large powers for aggression, but none, it is alleged, for reparation. The source of redress is in another hemisphere, and the answers to our just complaints made to the home Government are but the repetition of excuses rendered by inferior officials to their superiors in reply to representations of misconduct. The peculiar situation of the parties has undoubtedly much aggravated the annoyances and injuries which our citizens have suffered from the Cuban authorities, and Spain does not seem to appreciate to its full extent her responsibility for the conduct of these authorities. In giving very extraordinary powers to them she owes it to justice and to her friendly relations with this Government to guard with great vigilance against the exorbitant exercise of these powers, and in case of injuries to provide for prompt redress.

I have already taken measures to present to the Government of Spain the wanton injury of the Cuban authorities in the detention and seizure of the Black Warrior, and to demand immediate indemnity for the injury which has thereby resulted to our citizens.

In view of the position of the island of Cuba, its proximity to our coast, the relations which it must ever bear to our commercial and other interests, it is vain to expect that a series of unfriendly acts infringing our commercial rights and the adoption of a policy threatening the honor and security of these States can long consist with peaceful relations.

In case the measures taken for amicable adjustment of our difficulties with Spain should, unfortunately, fail, I shall not hesitate to use the authority and means which Congress may grant to insure the observance of our just rights, to obtain redress for injuries received, and to vindicate the honor of our flag.

In anticipation of that contingency, which I earnestly hope may not arise, I suggest to Congress the propriety of adopting such provisional measures as the exigency may seem to demand.

FRANKLIN PIERCE.

EXECUTIVE OFFICE,
Washington, March 17, 1854.

To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action, two treaties recently negotiated by the Commissioner of Indian Affairs, as commissioner on the part of the United States, with the delegates now at the seat of Government representing the confederated tribes of Otoes and Missourias and the Omaha Indians, for the extinguishment of their titles to lands west of the Missouri River.

FRANKLIN PIERCE.

EXECUTIVE OFFICE,
Washington, March 18. 1854.

Hon. LINN BOYD,
Speaker of the House of Representatives.

SIR: I transmit to you herewith a report of the present date from the Secretary of the Interior, accompanied by a tabular statement containing the information[12] called for by resolution of the House of Representatives adopted the 13th ultimo.

FRANKLIN PIERCE.

WASHINGTON, March 21, 1854.

To the Senate of the United States:

In answer to the resolution of the Senate of the 15th instant, adopted in executive session, I transmit confidentially a report from the Secretary of State and the documents[13] by which it was accompanied. Pursuant to the suggestion in the report, it is desirable that such of the papers as may be originals should be returned to the Department of State.

FRANKLIN PIERCE.

EXECUTIVE OFFICE,
March 25, 1854.

Hon. LENN BOYD,
Speaker of the House of Representatives:

I communicate to the House of Representatives herewith a report from the Secretary of the Interior, dated the 24th instant, containing so much of the information called for by the resolution of the 17th instant as it is practicable or compatible with the public interest to furnish at the present time, respecting the proceedings which have been had and negotiations entered into for the extinguishment of the Indian titles to lands west of the States of Missouri and Iowa.

FRANKLIN PIERCE.

WASHINGTON, March 29, 1854.

To the Senate of the United States:

In answer to the resolution of the Senate of the 21st instant, adopted in executive session, relative to the claims of the Mexican Government and of citizens of the Mexican Republic on this Government, and of citizens of the United States on the Government of that Republic, I transmit a report from the Secretary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

WASHINGTON, March 31, 1854.

To the Senate of the United States:

In answer to the resolution of the Senate of the 13th instant, requesting a confidential communication of information touching the expedition under the authority of this Government for the purpose of opening trade with Japan, I transmit a report from the Secretary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

WASHINGTON, D.C., April 1, 1854.

To the Senate of the United States:

I transmit herewith the report of the Secretary of State in reply to the resolution of the Senate of the 27th ultimo.

That part of the document which purports to recite my official instructions is strictly correct; that which is avowedly unofficial and unauthorized, it can hardly be necessary for me to say, in view of the documents already before the Senate, does not convey a correct impression of my "views and wishes."

At no time after an intention was entertained of sending Mr. Ward as special agent to Mexico was either the Garay grant or the convention entered into by Mr. Conkling alluded to otherwise than as subjects which might embarrass the negotiation of the treaty, and were consequently not included in the instructions.

While the departure of Mr. Ward, under any circumstances or in any respect, from the instructions committed to him is a matter of regret, it is just to say that, although he failed to convey in his letter to General Gadsden the correct import of remarks made by me anterior to his appointment as special agent, I impute to him no design of misrepresentation.

FRANKLIN PIERCE.

WASHINGTON, April 5, 1854.

To the Senate of the United States:

I transmit to the Senate a report of the Secretary of State, with accompanying documents,[14] in compliance with their resolution of the 14th ultimo.

FRANKLIN PIERCE.

WASHINGTON, April 5, 1854.

To the House of Representatives of the United States:

I transmit herewith to the House of Representatives a report of the Secretary of State, with accompanying documents,[15] in further compliance with their resolution of the 10th of March, 1854.

FRANKLIN PIERCE.

WASHINGTON, April 5, 1854.

To the Senate of the United States:

I transmit herewith a report[16] from the Secretary of State, in answer to the resolution of the Senate in executive session of the 3d instant.

FRANKLIN PIERCE.

WASHINGTON, April 8, 1854.

To the House of Representatives:

I transmit herewith to the House of Representatives a report[17] of the Secretary of State, in answer to their resolution of the 3d instant.

FRANKLIN PIERCE.

WASHINGTON, April 10, 1854

To the Senate of the United States:

I communicate to the Senate herewith a communication from the Secretary of the Interior, accompanied by the articles of a convention recently entered into for an exchange of country for the future residence of the Winnebago Indians, and recommend their ratification with the amendment suggested by the Secretary of the Interior.

FRANKLIN PIERCE.

WASHINGTON, April 11, 1854.

To the Senate of the United States:

I transmit herewith a report[18] from the Secretary of State, in reply to the Senate's resolution of yesterday passed in executive session.

FRANKLIN PIERCE.

WASHINGTON, April 12, 1854.

To the House of Representatives:

I transmit herewith a report from the Secretary of State, with accompanying documents,[19] in compliance with the resolution of the House of Representatives of the 4th instant.

FRANKLIN PIERCE.

WASHINGTON, April 13, 1854.

To the Senate of the United States:

I transmit herewith a report[20] from the Secretary of State, in reply to the resolution of the Senate adopted in executive session yesterday.

FRANKLIN PIERCE.

WASHINGTON, April 24, 1854.

To the Senate of the United States:

I have the honor to transmit herewith a report of the Attorney-General, suggesting modifications in the manner of conducting the legal business of the Government, which are respectfully commended to your favorable consideration.

FRANKLIN PIERCE.

[The same message was also addressed to the Speaker of the House of Representatives.]

WASHINGTON, April 27, 1834.

To the Senate and House of Representatives:

I transmit to Congress a copy of a correspondence between the Secretary of State and Her Britannic Majesty's minister accredited to this Government, and between the Secretary of State and the Secretary of the Treasury, relative to the expediency of further measures for the safety, health, and comfort of immigrants to the United States by sea. As it is probable that further legislation may be necessary for the purpose of securing those desirable objects, I commend the subject to the consideration of Congress.

FRANKLIN PIERCE.

WASHINGTON, May 2, 1854.

To the House of Representatives:

I transmit the report[21] of the Secretary of State in compliance with a resolution of the House of Representatives of the 5th ultimo.

It is presumed that the omission from the resolution of the usual clause giving the Executive a discretion in its answer was accidental, and as there does not appear to be anything in the accompanying papers which upon public considerations should require them to be withheld, they are communicated accordingly.

FRANKLIN PIERCE.

WASHINGTON, May 5, 1854.

To the Senate of the United States:

I transmit herewith a report from the Secretary of State, with accompanying documents,[22] in compliance with the resolution of the Senate of the 12th ultimo.

FRANKLIN PIERCE.

WASHINGTON, May 5, 1854.

To the Senate of the United States:

I transmit herewith a report[23] from the Secretary of State, together with the documents therein referred to, in compliance with the resolution of the Senate of the 12th January last.

FRANKLIN PIERCE.

WASHINGTON, May 11, 1854.

To the House of Representatives:

I transmit a report from the Secretary of State, with accompanying papers,[24] in answer to the resolution of the House of Representatives of the 1st instant.

FRANKLIN PIERCE.

WASHINGTON, May 20, 1854.

To the Senate of the United States:

I transmit herewith a report from the Secretary of State, with accompanying documents,[25] in compliance with the Senate's resolution of the 30th of January last.

FRANKLIN PIERCE.

WASHINGTON, May 23, 1854.

To the Senate of the United States:

I transmit a report from the Secretary of State, on the subject of documents[26] called for by the resolution of the Senate of the 9th instant.

FRANKLIN PIERCE.

WASHINGTON, May 25, 1854.

To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action thereon, four several treaties recently negotiated in this city by George W. Manypenny, as commissioner on the part of the United States, with the delegates of the Delaware, Ioway, Kickapoo, and Sac and Fox tribes of Indians.

FRANKLIN PIERCE.

WASHINGTON, May 29, 1854.

To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action thereon, a treaty negotiated on the 12th instant at the Falls of Wolf River, in Wisconsin, by Francis Huebschmann, superintendent of Indian affairs for the northern superintendency, and the Menomonee Indians, by the chiefs, headmen, and warriors of that tribe.

FRANKLIN PIERCE.

WASHINGTON, May 30, 1854.

To the House of Representatives of the United States:

I transmit herewith a report from the Secretary of State, with accompanying documents,[27] in compliance with the resolution of the House of Representatives of the 20th December last.

FRANKLIN PIERCE.

WASHINGTON, June 12, 1854.

To the House of Representatives:

I transmit a report from the Secretary of State, with accompanying papers,[28] in answer to the resolution of the House of Representatives of the 24th of April last.

FRANKLIN PIERCE.

WASHINGTON, June 19, 1854.

To the House of Representatives:

I transmit herewith a report from the Secretary of State, with accompanying documents,[29] in compliance with the resolution of the House of Representatives of the 30th ultimo.

FRANKLIN PIERCE.

WASHINGTON, June 20, 1854.

To the House of Representatives:

I have received information that the Government of Mexico has agreed to the several amendments proposed by the Senate to the treaty between the United States and the Republic of Mexico signed on the 30th of December last, and has authorized its envoy extraordinary to this Government to exchange the ratifications thereof. The time within which the ratifications can be exchanged will expire on the 30th instant.

There is a provision in the treaty for the payment by the United States to Mexico of the sum of $7,000,000 on the exchange of ratifications and the further sum of $3,000,000 when the boundaries of the ceded territory shall be settled.

To be enabled to comply with the stipulation according to the terms of the treaty relative to the payments therein mentioned, it will be necessary that Congress should make an appropriation of $7,000,000 for that purpose before the 30th instant, and also the further sum of $3,000,000, to be paid when the boundaries shall be established.

I therefore respectfully request that these sums may be put at the disposal of the Executive.

I herewith transmit to the House of Representatives a copy of the said treaty.

FRANKLIN PIERCE.

WASHINGTON, June 20, 1854.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification, a treaty extending the right of fishing and regulating the commerce and navigation between Her Britannic Majesty's possessions in North America and the United States, concluded in this city on the 5th instant between the United States and Her Britannic Majesty.

FRANKLIN PIERCE.

WASHINGTON, June 24, 1854.

To the Senate and House of Representatives:

I transmit to Congress the copy of two communications of the 26th ultimo and 4th instant, respectively, from Her Britannic Majesty's minister accredited to this Government to the Secretary of State, relative to the health on shipboard of immigrants from foreign countries to the United States. This was the subject of my message to Congress of the 27th of April last.

FRANKLIN PIERCE.

WASHINGTON CITY, June 29, 1854.

To the Senate of the United States:

I herewith communicate to the Senate, for its constitutional action thereon, three treaties recently negotiated in this city by George W. Manypenny, as commissioner on the part of the United States; one concluded on the 19th ultimo with the delegates of the Shawnee Indians, one on the 5th instant with the Miami Indians, and the other on the 30th ultimo with the united tribes of Kaskaskia and Peoria and Wea and Piankeshaw Indians.

FRANKLIN PIERCE.

WASHINGTON, July 3, 1854.

To the Senate of the United States:

I transmit herewith to the Senate, for its constitutional action thereon, an article of agreement made on the 13th day of June, 1854, by William H. Garrett, agent on the part of the United States, and a delegation of Creek Indians, supplementary to the Creek treaty of 1838.

FRANKLIN PIERCE.

WASHINGTON, July 5, 1854.

To the Senate of the United States:

In compliance with the resolution of the Senate of the 1st instant, I herewith return the articles of convention made and concluded with the Winnebago Indians on the 6th of August, 1853, together with the Senate resolution of the 9th ultimo, advising and consenting to the ratification of the same with amendments.

FRANKLIN PIERCE.

WASHINGTON, July 12, 1854.

To the House of Representatives:

I transmit herewith the inclosed communication from the Secretary of the Navy, respecting the observations of Lieutenant James M. Gillis, of the United States Navy, and the accompanying documents.[30]

FRANKLIN PIERCE.

WASHINGTON, July 12, 1854.

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 the Empire of Japan, signed at Kanagawa on the 31st day of March last by the plenipotentiaries of the two Governments. The Chinese and Dutch translations of the instrument and the chart and sketch to which it refers are also herewith communicated.

FRANKLIN PIERCE.

WASHINGTON, July 17, 1854.

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 Her Britannic Majesty for the extension of the period limited for the duration of the mixed commission under convention between the United States and Great Britain of the 8th of February, 1853.

FRANKLIN PIERCE.

WASHINGTON, July 19, 1854.

To the House of Representatives:

I transmit a report from the Secretary of State, with accompanying papers,[31] in answer to the resolution of the House of Representatives of the 6th of February last.

FRANKLIN PIERCE.

WASHINGTON, July 22, 1854.

To the Senate of the United States:

I have this day given my signature to the "Act making further appropriations for the improvement of the Cape Fear River, in North Carolina."

The occasion seems to render it proper for me to deviate from the ordinary course of announcing the approval of bills by an oral statement only, and, for the purpose of preventing any misapprehension which might otherwise arise from the phraseology of this act, to communicate in writing that my approval is given to it on the ground that the obstructions which the proposed appropriation is intended to remove are the result of acts of the General Government.

FRANKLIN PIERCE.

WASHINGTON, July 24, 1854.

To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratification, a convention concerning the rights of neutrals, concluded in this city on the 22d instant between the United States and His Majesty the Emperor of all the Russias.

FRANKLIN PIERCE.

WASHINGTON, July 26, 1854.

To the Senate of the United States:

I transmit a report from the Secretary of State, in answer to the resolution of the Senate of the 23d of May last, relative to the slave trade in the island of Cuba.

The information contained in the papers accompanying the report will, it is believed, be considered important, and perhaps necessary to enable the Senate to form an opinion upon the subjects to which they relate; but doubts may be entertained in regard to the expediency of publishing some of the documents at this juncture.

This communication is accordingly addressed to the Senate in executive session, in order that a discretion may be exercised in regard to its publication.

FRANKLIN PIERCE.

WASHINGTON, July 27, 1854.

The PRESIDENT OF THE SENATE:

In compliance with the resolution of the Senate of the 24th instant, requesting me to cause to be transmitted to the Senate the Fourth Meteorological Report of Professor Espy, the accompanying papers and charts are respectfully submitted.

FRANKLIN PIERCE.

WASHINGTON, July 29, 1854.

To the Senate of the United States:

In compliance with the Senate resolution of the 10th July instant, requesting that I would "cause to be communicated to the Senate copies of all the correspondence and other official documents on file in the Department of the Interior respecting the claims of persons for services performed and supplies and subsistence furnished to Indians in California under contracts with Indian agents in the year 1851, and embracing the names of claimants, the amount, respectively, of their claims, on what account created and by what authority, if any," I transmit herewith a communication from the Secretary of the Interior, accompanied by copies of all the papers called for which have not heretofore been furnished. As it appears that most of the papers called for were communicated to the Senate at its first and special sessions of the Thirty-second Congress, I have not supposed that it was the intention of the Senate to have them again sent, and I have therefore not directed them to be copied.

FRANKLIN PIERCE.

WASHINGTON, July 31, 1854.

To the Senate of the United States:

In compliance with a resolution of the Senate of the 28th instant, requesting information in respect to the bombardment of San Juan de Nicaragua, I transmit reports from the Secretaries of State and of the Navy, with the documents which accompanied them.

FRANKLIN PIERCE.

WASHINGTON, July 31, 1854.

To the House of Representatives:

In answer to the resolution of the House of Representatives of the 28th instant, requesting information in regard to the destruction of San Juan de Nicaragua, I transmit reports from the Secretaries of State and of the Navy, with the documents accompanying them.

FRANKLIN PIERCE.

WASHINGTON, August 1, 1854.

To the Senate of the United States:

I hasten to respond briefly to the resolution of the Senate of this date, "requesting the President to inform the Senate, if in his opinion it be not incompatible with the public interest, whether anything has arisen since the date of his message to the House of Representatives of the 15th of March last concerning our relations with the Government of Spain which in his opinion may dispense with the suggestions therein contained touching the propriety of 'provisional measures' by Congress to meet any exigency that may arise in the recess of Congress affecting those relations."

In the message to the House of Representatives referred to I availed myself of the occasion to present the following reflections and suggestions:

In anticipation of that contingency, which I earnestly hope may not arise, I suggest to Congress the propriety of adopting such provisional measures as the exigency may seem to demand.

The two Houses of Congress may have anticipated that the hope then expressed would be realized before the period of its adjournment, and that our relations with Spain would have assumed a satisfactory condition, so as to remove past causes of complaint and afford better security for tranquillity and justice in the future. But I am constrained to say that such is not the fact. The formal demand for immediate reparation in the case of the Black Warrior, instead of having been met on the part of Spain by prompt satisfaction, has only served to call forth a justification of the local authorities of Cuba, and thus to transfer the responsibility for their acts to the Spanish Government itself.

Meanwhile information, not only reliable in its nature, but of an official character, was received to the effect that preparation was making within the limits of the United States by private individuals under military organization for a descent upon the island of Cuba with a view to wrest that colony from the dominion of Spain. International comity, the obligations of treaties, and the express provisions of law alike required, in my judgment, that all the constitutional power of the Executive should be exerted to prevent the consummation of such a violation of positive law and of that good faith on which mainly the amicable relations of neighboring nations must depend. In conformity with these convictions of public duty, a proclamation was issued to warn all persons not to participate in the contemplated enterprise and to invoke the interposition in this behalf of the proper officers of the Government. No provocation whatever can justify private expeditions of hostility against a country at peace with the United States. The power to declare war is vested by the Constitution in Congress, and the experience of our past history leaves no room to doubt that the wisdom of this arrangement of constitutional power will continue to be verified whenever the national interest and honor shall demand a resort to ultimate measures of redress. Pending negotiations by the Executive, and before the action of Congress, individuals could not be permitted to embarrass the operations of the one and usurp the powers of the other of these depositaries of the functions of Government.

I have only to add that nothing has arisen since the date of my former message to "dispense with the suggestions therein contained touching the propriety of provisional measures by Congress."

FRANKLIN PIERCE.

WASHINGTON, August 2, 1854.

To the Senate of the United States:

I transmit herewith a report of the Secretary of State, with the accompanying documents,[32] in answer to the resolution of the Senate of the 5th ultimo.

FRANKLIN PIERCE.

WASHINGTON, August 2, 1854.

To the House of Representatives:

I herewith transmit to you a copy of a treaty between the United States and Great Britain, negotiated at Washington on the 5th of June last. It has been concurred in by the Senate, and I have no doubt that the ratifications of it will be soon exchanged. It will be observed that by the provision of the fifth article the treaty does not go into operation until after legislation thereon by the respective parties.

Should Congress at its present session pass the requisite law on the part of the United States to give effect to its stipulations, the fishing grounds on the coasts of the British North American Provinces, from which our fishermen have been heretofore excluded, may be opened to them during the present season, and apprehended collisions between them and British fishermen avoided.

For this reason and for the purpose of securing to the citizens of the United States at the earliest practicable period other advantages which it is believed they will derive from this treaty, I recommend the passage by Congress at the present session of such a law as is necessary on the part of the United States to give effect to its provisions.

FRANKLIN PIERCE.