limits of Texas, in New Mexico, to be adjusted between that state and the United States.

Under the circumstances existing during the pendency of the war, and while the whole of New Mexico, as claimed by our enemy, was in our military occupation, I was not unmindful of the rights of Texas to that portion of it which she claimed to be within her limits. In answer to a letter from the governor of Texas dated on the 4th of January, 1847, the secretary of state, by my direction, informed him, in a letter of the 12th of February, 1847, that in the president's annual message of December, 1846, "you have already perceived that New Mexico is at present in the temporary occupation of the troops of the United States, and the government over it is military in its character. It is merely such a government as must exist under the laws of nations and of war, to preserve order and protect the rights of the inhabitants, and will cease the conclusion of a treaty of peace with Mexico. Nothing, therefore, can be more certain than that this temporary government, resulting from necessity, can never injuriously affect the right which the president believes to be justly asserted by Texas to the whole territory on this side of the Rio Grande whenever the Mexican claim to it shall have been extinguished by treaty. But this is a subject which more properly belongs to the legislative, than the executive branch of the government."

The result of the whole is, that Texas had asserted a right to that part of New Mexico east of the Rio Grande which is believed, under the acts of Congress for the annexation and admission of Texas into the Union as a state, and under the constitution and laws of Texas, to be well founded; but this right had never been reduced to her actual possession and occupancy. The general government, possessing exclusively the war-making power, had the right to take military possession of this disputed territory, and until the title to it was perfected by a treaty of peace, it was their duty to hold it, and to establish a temporary military government over it, for the preservation of the conquest itself, the safety of our army, and the security of the conquered inhabitants.

The resolutions further request information, whether any persons have been tried and condemned for "treason against the United States in that part of New Mexico lying east of the Rio Grande since the same has been in the occupancy of our army," and if so, before "what tribunal," and "by what authority of law such tribunal was established." It appears that after the territory in question was "in the occupancy of our army," some of the conquered Mexican inhabitants, who had at first submitted to our authority, broke out in open insurrection, murdering our soldiers and citizens, and committing other atrocious crimes. Some of the principal offenders who were apprehended were tried, and condemned by a tribunal invested with civil and criminal jurisdiction, which had been established in the conquered country by the military officer in command. That the offenders deserved the punishment inflicted upon them, there is no reason to doubt; and the error in the proceedings against them consisted in designating and describing their crimes as "treason against the United States." This error was pointed out, and its recurrence thereby prevented, by the secretary of war in a despatch to the officer in command in New Mexico, dated on the 26th of June, 1847, a copy of which together with copies of all communications relating to the subject, which have been received at the war department, are herewith transmitted.

The resolutions call for information in relation to the quantity of the

public lands acquired within the ceded territory, and "how much of the same is within the boundaries of Texas, as defined by the act of Congress of the republic of Texas of the 19th day of December, 1836." No means of making an accurate estimate on the subject is in the possession of the executive department. The information which is possessed will be found in the accompanying report of the secretary of the treasury.

The country ceded to the United States lying west of the Rio Grande, and to which Texas has no title, is estimated by the commissioner of the general land-office to contain five hundred and twenty-six thousand and seventy-eight square miles, or three hundred and thirty-six millions, six hundred and eighty-nine thousand, nine hundred and twenty acres.

The period since the exchange of ratifications of the treaty has been too short to enable the government to have access to or to procure abstracts or copies of the land titles issued by Spain or by the republic of Mexico. Steps will be taken to procure this information at the earliest practicable period. It is estimated, as appears from the accompanying report of the secretary of the treasury, that much the larger portion of the land within the territories ceded remains vacant and unappropriated, and will be subject to be disposed of by the United States. Indeed, a very inconsiderable portion of the land embraced in the cession, it is believed, has been disposed of or granted either by Spain or Mexico.

What amount of money the United States may be able to realize from the sales of these vacant lands must be uncertain; but it is confidently believed that, with prudent management, after making liberal grants to emigrants and settlers, it will exceed the cost of the war, and all the expenses to which we have been subjected in acquiring it.

The resolutions also call for "the evidence, or any part thereof, that the 'extensive and valuable territories ceded by Mexico to the United States constitute indemnity for the past.''

The immense value of the ceded country does not consist alone in the amount of money for which the public lands may be sold. If not a dollar could be realized from the sale of these lands, the cession of the jurisdiction over the country, and the fact that it has become a part of our Union, and can not be made subject to any European power, constitutes ample "indemnity for the past" in the immense value and advantages which its acquisition must give to the commercial, navigating, manufacturing, and agricultural interests of our country.

The value of the public lands embraced within the limits of the ceded territory, great as that value may be, is far less important to the people of the United States than the sovereignty over the country. Most of our states contain no public lands owned by the United States, and yet the sovereignty and jurisdiction over them is of incalculable importance to the nation. In the state of New York the United States is the owner of no public lands, and yet two thirds of our whole revenue is collected at the great port of that state, and within her limits is found about one seventh of our entire population. Although none of the future cities on our coast of California may ever rival the city of New York in wealth, population, and business, yet, that important cities will grow up on the magnificent harbors of that coast, with a rapidly-increasing commerce and population, and yielding a large revenue, would seem to be certain. By the possession of the safe and capacious harbors on the Californian coast, we shall have great advantages in securing the rich commerce of the east, and shall thus obtain for our products new and increased markets, and greatly en

large or coasting and foreign trade, as well as augment our tonnage and

revenue.

These great advantages, far more than the simple value of the public lands in the ceded territory, "constitute our indemnity for the past."

SPECIAL MESSAGE.

JULY 29, 1848.

To the House of Representatives of the United States:

In answer to the resolution of the house of representatives of the 17th instant, requesting the president "to communicate (if not inconsistent with the public interests) copies of all instructions given to the Hon. Ambrose H. Sevier and Nathan Clifford, commissioners appointed to conduct negotiations for the ratification of the treaty lately concluded between the United States and the republic of Mexico," I have to state that, in my opinion, it would be "inconsistent with the public interests" to give publicity to these instructions at the present time.

I avail myself of this occasion to observe that, as a general rule, applicable to all our important negotiations with foreign powers, it could not fail to be prejudicial to the public interest to publish the instructions to our ministers until some time had elapsed after the conclusion of such negotiations.

In the present case the object of the mission of our commissioners to Mexico has been accomplished. The treaty, as amended by the senate of the United States, has been ratified. The ratifications have been exchanged, and the treaty has been proclaimed as the supreme law of the land. No contingency occurred which made it either necessary or proper for our commissioners to enter into any negotiations with the Mexican government, further than to urge upon that government the ratification of the treaty in its amended form.

To the House of Representatives of the United States:

I COMMUNICATE herewith a report from the secretary of war, containing the information called for by the resolution of the house of representatives of the 17th of July, 1848, in relation to the number of Indians in Oregon, California, and New Mexico; the number of military posts; the number of troops which will be required in each; and "the whole military force which should constitute the peace establishment."

I have seen no reason to change the opinion expressed in my message to Congress of the 6th of July, 1848, transmitting the treaty of peace with Mexico, that "the old army, as it existed before the commencement of the war with Mexico, especially if authority be given to fill up the rank and

file of the several corps to the maximum number authorized during the war, will be a sufficient force to be retained in service during a period of peace."

The old army consists of fifteen regiments. By the act of the 13th of May, 1846, the president was authorized, by "voluntary enlistments, to increase the number of privates in each or any of the companies of the existing regiments of dragoons, artillery, and infantry, to any number not exceeding one hundred," and to "reduce the same to sixty-four when the exigencies requiring the present increase shall cease. Should this act remain in force, the maximum number of the rank and file of the army, authorized by it, would be over sixteen thousand men, exclusive of officers. Should the authority conferred by this act be continued, it would depend on the exigencies of the service whether the number of the rank and file should be increased, and if so, to what amount beyond the minimum number of sixty-four privates to a company.

Allowing sixty-four privates to a company, the army would be over ten thousand men, exclusive of commissioned and non-commissioned officers, a number which it is believed will be sufficient; but, as a precautionary measure, it is deemed expedient that the executive should possess the power of increasing the strength of the respective corps, should the exigencies of the service be such as to require it. Should these exigencies not call for such increase, the discretionary power given by the act to the president will not be exercised.

It will be seen from the report of the secretary of war, that a portion of the forces will be employed in Oregon, New Mexico, and Upper California; a portion for the protection of the Texas frontier adjoining the Mexican possessions, and bordering on the territory occupied by the Indian tribes within her limits. After detailing the force necessary for these objects, it is believed a sufficient number of troops will remain to afford security and protection to our Indian frontiers in the west and northwest, and to occupy, with sufficient garrisons, the posts on our northern and Atlantic borders.

I have no reason at present to believe that any increase of the number of regiments or corps will be required during a period of peace.

SPECIAL MESSAGE.

AUGUST 3, 1848.

To the Senate of the United States :

I COMMUNICATE, herewith, a report from the secretary of war, together with the accompanying documents, in compliance with the resolution of the senate of the 24th of July, 1848, requesting the president "to transmit to the senate the proceedings of the two courts of inquiry in the case of Major-General Pillow; the one commenced and terminated in Mexico, and the other commenced in Mexico, and terminated in the United States."

SPECIAL MESSAGE.

AUGUST 5, 1848.

To the House of Representatives of the United States :

I COMMUNICATE herewith a report from the secretary of war, together with the accompanying documents, in compliance with a resolution of the house of representatives of 17th of July, 1848, requesting the president to communicate to the house of representatives "a copy of the proceedings of the court of inquiry in Mexico, touching the matter which led to the dismissal from the public service of Lieutenants Joseph S. Pendée and George E. B. Singletary, of the North Carolina regiment of volunteers, and all the correspondence between the war department and Generals Taylor and Wool in relation to the same."

SPECIAL MESSAGE.

AUGUST 8, 1848.

To the Senate of the United States :—

In reply to the resolution of the senate of the 7th instant, requesting the president to inform that body "whether he has any information that any citizen or citizens of the United States is or are now preparing or intending to prepare, within the United States, an expedition to revolutionize by force any part of the republic of Mexico, or to assist in so doing; and if he has, what is the extent of such preparation, and whether he has, or is about to take any steps to arrest the same:" I have to state that the executive is not in possession of any information of the character called for by the resolution.

The late treaty of peace with Mexico has been and will be faithfully observed on our part.

SPECIAL MESSAGE.

AUGUST 8, 1848.

To the Senate and House of Representatives of the United States:Ir affords me satisfaction to communicate herewith, for the information of Congress, copies of a decree adopted by the National Assembly of France, in response to the resolution of the Congress of the United States passed on the 13th of April last, "tendering the congratulations of the American to the French people upon the success of their recent efforts to consolidate the principles of liberty in a republican form of government"