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PUBLISHED AT WASHINGTON, BY JOHN C. RIVES.-TERMS $3 FOR THIS SESSION.

32D CONGRESS, 1ST SESSION.

so severely suffered. Until quiet shall have been restored, and a government apparently stable shall ave been organized, no advance can prudently be made in disposing of the questions pending between the two countries.

I am happy to announce that an inter-oceanic communication from the mouth of the St. John to the Pacific has been so far accomplished as that passengers have actually traversed it, and merchandise has been transported over it; and when the canal shall have been completed, according to the original plan, the means of communication will be further improved.

It is understood that a considerable part of the ral road across the Isthmus of Panama has been mpleted, and that the mail and passengers will in fitare be conveyed thereon.

Whichever of the several routes between the two oceans may ultimately prove most eligible for travelers to and from the different States on the Alantic and Gulf of Mexico and our coast on the Pacific, there is little reason to doubt that all of them will be useful to the public, and will liberally reward that individual enterprise by which alone they have been or are expected to be carried into effect.

Peace has been concluded between the contending parties in the Island of St. Domingo, and it is Loped upon a durable basis. Such is the extent of our commercial relations with that Island, that the United States cannot fail to feel a strong interest in its tranquillity.

The office of Commissioner to China remains unfled; several persons have been appointed, and the place has been offered to others, all of whom have declined its acceptance, on the ground of the inadequacy of the compensation. The annual allowance by law is six thousand dollars, and there is no provision for any outfit. I earnestly recommend the consideration of this subject to Congress. Our commerce with China is highly important, and is becoming more and more so, in consequence of the increasing intercourse between our ports on the Parine coast and Eastern Asia. China is understood to be a country in which living is very expensive, and I know of no reason why the American commissioner sent thither should not be placed, in regard to compensation, on an equal fooung with ministers who represent this country at the courts of Europe.

By reference to the report of the Secretary of the Treasury, it will be seen that the aggregate receipts for the last fiscal year amounted to $52,312,979 87; which, with the balance in the Treasury on the 1st July, 1850, gare, as the available means for the year, the sum of $53,917,524 36.

The total expenditures for the same period were $48,005,878 68.

The total imports for the year ending 30th June, 1851, were. .$215,725,995 Of which there were in specie 4,967,901 The exports for the same period were 217,517,130 Of which there were of domestic prod

ucts..

Foreign goods reexp'ted Specie....

.$178,546,555

9,738,695 29,231,880

$217,517,130 Since the 1st of December last the payments in cash on account of the public debt, exclusive of interest, have amounted to $7,501,456 56; which, however, includes the sum of $3,242,400 paid under the 12th article of the treaty with Mexico, and the further sum of $2,591,213 45, being the amount of awards to American citizens under the late treaty with Mexico for which the issue of stock was authorized, but which was paid in cash from the Treasury.

The public debt on the 20th ultimo, exclusive of the stock authorized to be issued to Texas by the act of 9th September, 1850, was $62,560,395 26.

The receipts for the next fiscal year are estimated at $51,800,000, which, with the probable unappropriated balance in the Treasury on the 30th June next, will give, as the probable available means for that year, the sum of $63,258,743 09. It has been deemed proper, in view of the large expenditures consequent upon the acquisition of

TUESDAY, DECEMBER 9, 1851.

territory from Mexico, that the estimates for the next fiscal year should be laid before Congress in such manner as to distinguish the expenditures so required from the otherwise ordinary demands upon the Treasury.

The total expenditures for the next fiscal year are estimated at $42,892,299 19; of which there is required for the ordinary purposes of the Government, other than those consequent upon the acquisition of our new Territories, and deducting the payments on account of the public debt, the sum of $33,343,198 08; and for the purposes connected directly or indirectly with those Territories, and in the fulfillment of the obligations of the Government, contracted in consequence of their acquisition, the sum of $9,549,101 11.

If the views of the Secretary of the Treasury in reference to the expenditures required for these Territories shall be met by corresponding action on the part of Congress, and appropriations made in accordance therewith, there will be an estimated unappropriated balance in the Treasury on the 30th June, 1853, of $20,366,443 90, wherewith to meet that portion of the public debt due on the first July following, amounting to $6,237,931 35,|| as well as any appropriations which may be made beyond the estimates.

In thus referring to the estimated expenditures on account of our newly-acquired Territories, I may express the hope that Congress will concur with me in the desire that a liberal course of policy may be pursued towards them, and that every obligation, express or implied, entered into in consequence of their acquisition, shall be fulfilled by the most liberal appropriations for that purpose.

The value of our domestic exports for the last fiscal year, as compared with those of the previous year, exhibit an increase of $43,646,322. At first view this condition of our trade with foreign nations would seem to present the most flattering hopes of its future prosperity. An examination of the details of our exports, however, will show that the increased value of our exports for the last fiscal year is to be found in the high price of cotton which prevailed during the first half of that year, which price has since declined about one half.

The value of our exports of breadstuffs and provisions, which it was supposed the incentive of a low tariff and large importations from abroad would have greatly augmented, has fallen from $68,701,921 in 1847, to $26,051,373 in 1850, and to $21,948,653 in 1851, with a strong probability, amounting almost to a certainty, of a still further reduction in the current year.

The aggregate values of rice exported during the last fiscal year, as compared with the previous year, also exhibit a decrease amounting to $460,917, which, with a decline in the values of the exports of tobacco for the same period, make an aggregate decrease in these two articles of $1,156,751.

The policy which dictated a low rate of duties on foreign merchandise, it was thought by those who promoted and established it, would tend to benefit the farming population of this country, by increasing the demand and raising the price of agricultural products in foreign markets.

The foregoing facts, however, seem to show, incontestably, that no such result has followed the adoption of this policy. On the contrary, notwithstanding the repeal of the restrictive corn laws in England, the foreign demand for the products of the American farmer has steadily declined, since the short crops and consequent famine in a portion of Europe have been happily replaced by full crops and comparative abundance of food.

NEW SERIES.....No. 2.

only equal in quantity to that of the year preceding, and be sold at the present prices, then there would be a falling off in the value of our exports for the present fiscal year of at least $40,000,000, compared with the amount exported for the year ending 30th June, 1851.

The production of gold in California for the past year seems to promise a large supply of that metal from that quarter for some time to come. This large annual increase of the currency of the world must be attended with its usual results. These have been already partially disclosed in the enhancement of prices and a rising spirit of speculation and adventure, tending to overtrading, as well at home as abroad. Unless some salutary check shall be given to these tendencies, it is to be feared that importations of foreign goods beyond a healthy demand in this country will lead to a sudden drain of the precious metals from us, bringing with it, as it has done in former times, the most disastrous consequences to the business and capital of the American people.

The exports of specie to liquidate our foreign debt during the past fiscal year have been $24,263,979 over the amount of specie imported. The exports of specie during the first quarter of the present fiscal year have been $14,651,827. Should specie continue to be exported at this rate for the remaining three quarters of this year, it will drain from our metallic currency, during the year ending 30th June, 1852, the enormous amount of $58,607,308.

In the present prosperous condition of the national finances, it will become the duty of Congress to consider the best mode of paying off the public debt. If the present and anticipated surplus in the Treasury should not be absorbed by appropriations of an extraordinary character, this surplus should be employed in such way, and under such restrictions, as Congress may enact, in extinguishing the outstanding debt of the nation.

By reference to the act of Congress approved 9th September, 1850, it will be seen that in consideration of certain concessions by the State of Texas, it is provided that the "United States shall 'pay to the State of Texas the sum of ten millions 'of dollars, in a stock bearing five per cent. in'terest, and redeemable at the end of fourteen years, the interest payable half yearly at the Treasury of the United States."

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In the same section of the law it is further provided that no more than five millions of said 'stock shall be issued until the creditors of the 'State holding bonds and other certificates of 'stock of Texas, for which duties on imports were 'specially pledged, shall first file at the Treasury of the United States releases of all the claims against United States, for or on account of said bonds or 'certificates, in such form as shall be prescribed by the Secretary of the Treasury, and approved by the President of the United States."

The form of release thus provided for has been prescribed by the Secretary of the Treasury, and approved. It has been published in all the leading newspapers in the commercial cities of the United States, and all persons holding claims of the kind specified in the foregoing proviso were required to file their releases (in the form thus prescribed) in the Treasury of the United States, on or before the first day of October, 1851. Although this publication has been continued from the 25th day of March, 1851, yet up to the 1st October last comparatively few releases had been filed by the creditors of Texas.

The authorities of the State of Texas, at the request of the Secretary of the Treasury, have furnished a schedule of the public debt of that State created prior to her admission into the Union, with a copy of the laws under which each class was contracted.

It will be seen, by recurring to the commercial statistics for the past year, that the value of our domestic exports has been increased in the single item of raw cotton by $40,000,000 over the value of that export for the year preceding. This is not due to any increased general demand for that article, but to the short crop of the preceding year, which created an increased demand and an augmented price for the crop of last year. Should On being officially informed of the acceptance the cotton crop now going forward to market be | by Texas of the propositions contained in the act

I have, from the documents furnished by the State of Texas, determined the classes of claims which, in my judgment, fall within the provisions of the act of Congress of the 9th of September, 1850.

referred to, I caused the stock to be prepared, and be such as to command men of a high order of the five millions which are to be issued uncondi- talents and the most unquestionable integrity. tionally, bearing an interest of five per cent., from The proper disposal of the mineral lands of the 1st day of January, 1851, have been for some California is a subject surrounded by great diffitime ready to be delivered to the State of Texas. culties. In my last annual message I recommended The authorities of Texas, up to the present time, the survey and sale of them in small parcels, under have not authorized any one to receive this stock, such restrictions as would effectually guard against and it remains in the Treasury Department, sub-monopoly and speculation. But upon further ject to the order of Texas. information, and in deference to the opinions of persons familiar with the subject, I am inclined to change that recommendation, and to advise that they be permitted to remain, as at present, a common field, open to the enterprise and industry of all our citizens, until further experience shall have developed the best policy to be ultimately adopted in regard to them. It is safer to suffer the inconvenience that now exists, for a short period, than, by premature legislation, to fasten on the country a system founded in error, which may place the whole subject beyond the future control of Congress.

The releases, required by law to be deposited in the Treasury, not having been filed there, the remaining five millions have not been issued. This last amount of the stock will be withheld from Texas until the conditions upon which it is to be delivered shall be complied with by the creditors of that State, unless Congress shall otherwise direct by a modification of the law.

In my last annual message, to which I respectfully refer, I stated briefly the reasons which induced me to recommend a modification of the present tariff, by converting the ad valorem into a specific duty, wherever the article imported was of such a character as to permit it, and that such a discrimination should be made in favor of the industrial pursuits of our own country as to encourage home production, without excluding foreign competition.

The numerous frauds which continue to be practised upon the revenue, by false invoices and undervaluations, constitute an unanswerable reason for adopting specific instead of ad valorem duties in all cases where the nature of the commodity does not forbid it. A striking illustration of these frauds will be exhibited in the report of the Secretary of the Treasury, showing the custom-house valuation of articles imported under a former law subject to specific duties, when there was no inducement to undervaluation, and the custom-house valuations of the same articles, under the present system of ad valorem duties, so greatly reduced as to leave no doubt of the existence of the most flagrant abuses under the existing laws. This practical evasion of the present law, combined with the languishing condition of some of the great interests of the country, caused by over-importations and consequent depressed prices, and with the failure in obtaining a foreign market for our increasing surplus of breadstuffs and provisions, has induced me again to recommend a modification of the existing tariff.

The report of the Secretary of the Interior, which accompanies this communication, will present a condensed statement of the operations of that important department of the Government.

It will be seen that the cash sales of the public lands exceed those of the preceding year, and that there is reason to anticipate a still further increase, notwithstanding the large donations which have been made to many of the States, and the liberal grants to individuals as a reward for military serVices. This fact furnishes very gratifying_evidence of the growing wealth and prosperity of our country.

Suitable measures have been adopted for commencing the survey of the public lands in California and Oregon. Surveying parties have been organized, and some progress has been made in establishing the principal base and meridian lines. But further legislation and additional appropriations will be necessary before the proper subdivisions can be made, and the general land system extended over those remote parts of our territory.

On the 3d of March last an act was passed providing for the appointment of three commissioners to settle private land claims in California. Three persons were immediately appointed, all of whom, however, declined accepting the office, in consequence of the inadequacy of the compensation. Others were promptly selected, who, for the same reason, also declined; and it was not until late in the season that the services of suitable persons could be secured. A majority of the commissioners convened in this city on the 10th of September last, when detailed instructions were given to them in regard to their duties. Their first meeting for the transaction of business will be held in San Francisco on the 8th day of the present month.

I have thought it proper to refer to these facts, not only to explain the causes of the delay in filling the commission, but to call your attention to the propriety of increasing the compensation of the commissioners. The office is one of great labor and responsibility, and the compensation should

The agricultural lands should, however, be surveyed and brought into market with as little delay as possible, that the titles may become settled, and the inhabitants stimulated to make permanent improvements, and enter on the ordinary pursuits of life. To effect these objects it is desirable that the necessary provision be made by law for the establishment of land offices in California and Oregon, and for the efficient prosecution of the surveys at an early day.

Some difficulties have occurred in organizing the territorial governments of New Mexico and Utah; and, when more accurate information shall be obtained of the causes, a further communication will be made on that subject.

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to pensions and bounty lands, for the purpose of more effectually guarding against abuses and frauds on the Government: to all of which I invite your particular attention.

The large accessions to our Indian population consequent upon the acquisition of New Mexico and Californía, and the extension of our settlements into Utah and Oregon, have given increased interest and importance to our relations with the aboriginal race.

No material change has taken place within the last year in the condition and prospects of the Indian tribes who reside in the Northwestern Territory and west of the Mississippi river. We are at peace with all of them; and it will be a source of pleasure to you to learn that they are gradually advancing in civilization and the pursuits of social life.

Along the Mexican frontier, and in California and Oregon, there have been occasional manifestations of unfriendly feeling, and some depredations committed. I am satisfied, however, that they resulted more from the destitute and starving condition of the Indians than from any settled hostil ity toward the whites. As the settlements of our citizens progress towards them, the game upon which they mainly rely for subsistence is driven off or destroyed, and the only alternative left to them is starvation or plunder. It becomes us to consider, in view of this condition of things, whether justice and humanity, as well as an enlightened economy, do not require that, instead of seeking to punish them for offences which are the result of our own policy towards them, we should not provide for their immediate wants, and encourage them to engage in agriculture, and to rely on their labor, instead of the chase, for the means of support.

Various important treaties have been negotiated with different tribes during the year, by which their title to large and valuable tracts of country has been extinguished: all of which will, at the proper time, be submitted to the Senate for ratification.

In my last annual communication to Congress, I recommended the establishment of an Agricultural Bureau, and I take this occasion again to invoke your favorable consideration of the subject. Agriculture may justly be regarded as the great interest of our people. Four fifths of our active population are employed in the cultivation of the soil, and the rapid expansion of our settlements over new territory is daily adding to the number The joint commission under the treaty of Guaof those engaged in that vocation. Justice and dalupe Hidalgo has been actively engaged in runsound policy, therefore, alike require that the Gov-ning and marking the boundary line bet ween the ernment should use all the means authorized by the Constitution to promote the interests and welfare of that important class of our fellow-citizens. And yet it is a singular fact, that whilst the manufacturing and commercial interests have engaged the attention of Congress during a large portion of every session, and our statutes abound in provisions for their protection and encouragement, little has yet been done directly for the advancement of agrirulture. It is time that this reproach to our legislation should be removed; and I sincerely hope that the present Congress will not close their labors without adopting efficient means to supply the omissions of those who have preceded them.

United States and Mexico. It was stated in the last annual report of the Secretary of the Interior that the initial point on the Pacific and the point of junction of the Gila with the Colorada river had been determined, and the intervening line, about one hundred and fifty miles in length, run and marked by temporary monument. Since that time a monument of marble has been erected at the initial point, and permanent landmarks of iron have been placed at suitable distances along the line.

The initial point on the Rio Grande has also been fixed by the commissioners at latitude 320 22', and at the date of the last communication the survey of the line had been made thence westward about one hundred and fifty miles, to the neighborhood of the copper mines.

An agricultural bureau, charged with the duty of collecting and disseminating correct information as to the best modes of cultivation, and of the most effectual means of preserving and restoring the The commission on our part was at first organfertility of the soil, and of procuring and distribu-ized on a scale which experience proved to be unting seeds, and plants, and other vegetable produc-wieldy and attended with unnecessary expense. tions, with instructions in regard to the soil, climate, and treatment best adapted to their growth, could not fail to be, in the language of WASHINGTON, in his last annual message to Congress, a very cheap instrument of immense national ben

66

efit.

Regarding the act of Congress, approved 28th September, 1850, granting bounty lands to persons who had been engaged in the military service of the country, as a great measure of national justice and munificence, an anxious desire has been felt, by the officers intrusted with its immediate execution, to give prompt effect to its provisions. All the means within their control were, therefore, brought into requisition to expedite the adjudication of claims; and I am gratified to be able to state, that near one hundred thousand applications have been considered, and about seventy thousand warrants issued, within the short space of nine months. If adequate provision be made by law to carry into effect the recommendations of the Department, it is confidently expected that, before the close of the next fiscal year, all who are entitled to the benefits of the act will have received their warrants.

The Secretary of the Interior has suggested in his report various amendments of the laws relating

Orders have, therefore, been issued for the reduction of the number of persons employed within the smallest limits consistent with the safety of those engaged in the service and the prompt and efficient execution of their important duties.

Returns have been received from all the officers engaged in taking the census in the States and Territories, except California. The superintend ent employed to make the enumeration in that State has not yet made his full report, from causes, as he alleges, beyond his control. This failure is much to be regretted, as it has prevented the Secretary of the Interior from making the decennial apportionment of representatives among the States, as required by the act approved May 23, 1850. It is hoped, however, the returns will soon be received, and no time will then be lost in making the necessary apportionment, and in transmitting the certificates required by law.

The Superintendent of the Seventh Census is diligently employed, under the direction of the Secretary of the Interior, in classifying and arranging, in tabular form, all the statistical inform ation derived from the returns of the marshals, and it is believed that when the work shall be completed it will exhibit a more perfect view of the population, wealth, occupations, and social

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condition of a great country than has ever been the same were made within our territory or against presented to the world. The value of such a our citizens. I have endeavored to comply, as work, as the basis of enlightened legislation, can far as possible, with this provision of the treaty. hardly be overestimated; and I earnestly hope that Orders have been given to the officers commandCongress will lose no time in making the appro-ing on that frontier to consider the Mexican terripations necessary to complete the classifications, tory and its inhabitants as equally with our own to publish the results in a style worthy of the entitled to their protection; and to make all their aject and of our national character. plans and arrangements with a view to the attainment of this object. Instructions have also been given to the Indian commissioners and agents among these tribes, in all treaties, to make the clauses designed for the protection of our own citizens apply also to those of Mexico. I have no reason to doubt that these instructions have been fully carried into effect. Nevertheless, it is probable that, in spite of all our efforts, some of the neighboring States of Mexico may have suffered, as our own have, from depredations by the

The want of a uniform fee bill, prescribing the expensation to be allowed district attorneys, eras, marshals, and commissioners in civil and raminal cases, is the cause of much vexation, inpastice, and complaint. I would recommend a thorough revision of the laws on the whole subject, and the adoption of a tariff of fees which, as far as practicable, should be uniform, and prescribe a specific compensation for every service which the ser may be required to perform. This subject wit be fully presented in the report of the Secretary of the Interior.

In ray last annual message I gave briefly my reasons for believing that you possessed the consutational power to improve the harbors of our great lakes and sea-coast, and the navigation of our principal rivers, and recommended that appropriatous should be made for completing such works as had already been commenced, and for commencing such others as might seem to the wisdom of Congress to be of public and general importance. Without repeating the reasons then urged, I deem my duty again to call your attention to this important subject. The works on many of the harbors were left in an unfinished state, and, consequently, exposed to the action of the elements, which is fast destroying them. Great numbers of Eves and vast amounts of property are annually los: for want of safe and convenient harbors on the hakes. None but those who have been exposed to that dangerous navigation can fully appreciate the importance of this subject. The whole Northwest appeals to you for relief, and I trust their appeal will receive due consideration at your handa.

The same is in a measure true in regard to some of the harbors and inlets on the sea-coast.

The unobstructed navigation of our large rivers is of equal importance. Our settlements are now extending to the sources of the great rivers which empty into, and form a part of the Mississippi, and the value of the public lands in those regions would be greatly enhanced by freeing the_navigation of those waters from obstructions. In view, therefore, of this great interest, I deem it my duty again to urge upon Congress to make such appropriations for these improvements as they may deem necessary.

The survey of the Delta of the Mississippi, with a view to the prevention of the overflows that have proved so disastrous to that region of country, have been nearly completed, and the reports thereof are now in course of preparation, and will shortly be laid before you.

The protection of our southwestern frontier, and of the adjacent Mexican States, against the Indian tribes within our border, has claimed my earnest and constant attention. Congress having failed, at the last session, to adopt my recommendation that an additional regiment of mounted men specially adapted to that service should be raised, all that remained to be done was to make the best use of the means at my disposal. Accordingly, ail the troops adapted to that service that could properly be spared from other quarters have been concentrated on that frontier, and officers of high reputation selected to command them. A new arrangement of the military posts has also been made, whereby the troops are brought nearer to the Mexican frontier and to the tribes they are intended to overawe.

Sufficient time has not yet elapsed to realize all the benefits that are expected to result from these arrangements, but I have every reason to hope that they will effectually check their marauding expeditions. The nature of the country, which furnishes little for the support of an army, and bounds in places of refuge and concealment, is remarkably well adapted to this predatory warfare; and we can scarcely hope that any military force, combined with the greatest vigilance, can entirely suppress it.

By the treaty of Guadalupe Hidalgo we are bound to protect the territory of Mexico against the incursions of the savage tribes within our border “with equal diligence and energy" as if

Indians.

To the difficulties of defending our own territory, as above mentioned, are superadded, in defending that of Mexico, those that arise from its remoteness, from the fact that we have no right to station our troops within her limits, and that there is no efficient military force on the Mexican side to cooperate with our own. So long as this shall continue to be the case, the number and activity of our troops will rather increase than diminish the evil, as the Indians will naturally turn towards that country where they encounter the least resistance. Yet these troops are necessary to subdue them, and to compel them to make and observe treaties. Until this shall have been done. neither country will enjoy any security from their attacks.

The Indians in California, who had previously appeared of a peaceable character, and disposed to cultivate the friendship of the whites, have recently committed several acts of hostility. As a large portion of the reinforcements sent to the Mexican frontier were drawn from the Pacific, the military force now stationed there is considered entirely inadequate to its defence. It cannot be increased, however, without an increase of the Army; and I again recommend that measure as indispensable to the protection of the frontier.

I invite your attention to the suggestions on this subject, and on others connected with his Department, in the report of the Secretary of War.

The appropriations for the support of the Army during the current fiscal year ending 30th June next, were reduced far below the estimate submitted by the Department. The consequence of this reduction is a considerable deficiency, to which I invite your early attention.

The expenditures of that Department, for the year ending 30th June last, were $9,060,268 58. The estimates for the year commencing 1st July next and ending June 30, 1853, are $7,898,775 83; showing a reduction of $1,161,492 75.

The Board of Commissioners, to whom the management of the affairs of the Military Asylum created by the act of 3d March last was intrusted, have selected a site for the establishment of an asylum in the vicinity of this city, which has been approved by me, subject to the production of a satisfactory title.

The report of the Secretary of the Navy will exhibit the condition of the public service under the supervision of that Department. Our naval force afloat during the present year has been actively and usefully employed in giving protection to our widely-extended and increasing commerce and interests in the various quarters of the globe, and our flag has everywhere afforded the security and received the respect inspired by the justice and liberality of our intercourse, and the dignity and power of the nation.

The expedition commanded by Lieutenant De Haven, dispatched in search of the British commander, Sir John Franklin, and his companions in the Arctic Seas, returned to New York in the month of October, after having undergone great peril and suffering from an unknown and dangerous navigation and the rigors of a northern climate, without any satisfactory information of the objects of their search, but with new contributions to science and navigation from the unfrequented polar regions. The officers and men of the expedition, having been all volunteers for this service, and having so conducted it as to meet the entire approbation of the Government, it is suggested, as an act of grace and generosity, that the same allowances of extra pay and emoluments be ex

tended to them that were made to the officers and men of like rating in the late Exploring Expedition to the South Seas.

I earnestly recommend to your attention the necessity of reorganizing the naval establishment, apportioning and fixing the number of officers in each grade, providing some mode of promotion to the higher grades of the Navy, having reference to merit and capacity, rather than seniority or date of entry into the service, and for retiring from the effective list upon reduced pay those who may be incompetent to the performance of active duty. As a measure of economy, as well as of efficiency in this arm of the service, the provision last mentioned is eminently worthy of your consideration.

The determination of the questions of relative rank between the sea officers and civil officers of the Navy, and between officers of the Army and Navy, in the various grades of each, will also merit your attention. The failure to provide any substitute, when corporal punishment was abolished for offences in the Navy, has occasioned the convening of numerous courts-martial upon the arrival of vessels in port, and is believed to have had an injurious effect upon the discipline and efficiency of the service. To moderate punishment from one grade to another is among the humane reforms of the age; but to abolish one of severity, which applied so generally to offences on shipboard, and provide nothing in its stead, is to suppose a progress of improvement in every individual among seamen which is not assumed by the legislature in respect to any other class of men. hoped that Congress, in the ample opportunity afforded by the present session, will thoroughly investigate this important subject, and establish such modes of determining guilt, and such gradations of punishment, as are consistent with humanity and the personal rights of individuals, and at the same time shall insure the most energetic and efficient performance of duty and the suppression of crime in our ships of war.

It is

The stone dock in the navy-yard at New York, which was ten years in process of construction, has been so far finished as to be surrendered up to the authorities of the yard. The dry-dock at Philadelphia is reported as completed, and is expected soon to be tested and delivered over to the agents of the Government. That at Portsmouth, New Hampshire, is also nearly ready for delivery; and a contract has been concluded, agreeably to the act of Congress at its last session, for a floating section dock on the bay of San Francisco. I invite your attention to the recommendation of the Department touching the establishment of a navyyard in conjunction with this dock on the Pacific. Such a station is highly necessary to the convenience and effectiveness of our fleet in that ocean, which must be expected to increase with the growth of commerce and the rapid extension of our whale fisheries over its waters.

The Naval Academy at Annapolis, under a revised and improved system of regulations, now affords opportunities of education and instruction to the pupils quite equal, it is believed, for professional improvement, to those enjoyed by the cadets in the Military Academy. A large class of acting midshipmen was received at the commencement of the last academic term, and a practice-ship has been attached to the institution, to afford the amplest means for regular instruction in seamanship, as well as for cruises during the vacations of three or four months in each year.

The advantages of science in nautical affairs have rarely been more strikingly illustrated than in the fact stated in the report of the Navy Department, that, by means of the wind and current charts, projected and prepared by Lieutenant Maury, the Superintendent of the Naval Observatory, the passage from the Atlantic to the Pacific ports of our country has been shortened by about forty days.

The estimates for the support of the Navy and Marine Corps the ensuing fiscal year will be found to be $5,856,472 19, the estimates for the current year being $5,900,621.

The estimates for special objects under the control of this Department amount to $2,684,220 89, against $2,210,980 for the present year, the increase being occasioned by the additional mail service on the Pacific coast and the construction of the dock in California, authorized at the last session of Congress, and some slight additions under

the head of improvements and repairs in navyyards, buildings, and machinery.

I deem it of much importance to a just economy, and a correct understanding of naval expenditures, that there should be an entire separation of the appropriations for the support of the naval service proper from those for permanent improvements at navy-yard sand stations, and from ocean steammail service, and other special objects assigned to the supervision of this Department.

The report of the Postmaster General, herewith communicated, presents an interesting view of the progress, operations, and condition of his Depart

ment.

At the close of the last fiscal year, the length of mail routes within the United States was 196,290 miles; the annual transportation thereon 53,272,252 miles; and the annual cost of such transportation $3,421,754.

The length of the foreign mail routes is estimated at 18,349 miles, and the annual transportation therein at 615,206 miles. The annual cost of this service is $1,472,187, of which $448,937 is paid by the Post Office Department, and $1,023,250 is paid through the Navy Department.

The annual transportation within the United States (excluding the service in California and Oregon, which is now, for the first time, reported and embraced in the tabular statements of the Department) exceeds that of the preceding year 6,162,855 miles, at an increased cost of $547,110. The whole number of post offices in the United States on the 30th day of June last was 19,796. There were 1,698 post offices established, and 256 discontinued during the year.

The gross revenues of the Department for the fiscal year, ineluding the appropriations for the franked matter of Congress, of the Departments, and officers of Government, and excluding the foreign postages, collected for, and payable to, the British post office, amounted to $6,727,866 78. The expenditures for the same period (excluding $20,599 49, paid under an award of the Auditor, in pursuance of a resolution of the last Congress, for mail service on the Ohio and Mississippi rivers in 1832 and 1833, and the amount paid to the British post office for foreign postages collected for and payable to that office) amounted to $6,024,566 79; leaving a balance of revenue over the proper expenditures of the year of $703,299 99.

The receipts for postages during the year (excluding the foreign postages collected for and payable to the British post office) amounted to $6,345,747 21, being an increase of $997,610 79, or 18.65-100 per cent. over the like receipts for the preceding year.

The reduction of postage, under the act of March last, did not take effect until the commencement of the present fiscal year. The accounts for the first quarter, under the operation of the reduced rates, will not be settled before January next; and no reliable estimate of the receipts for the present year can yet be made. It is believed, however, that they will fall far short of those of the last year. The surplus of the revenues now on hand is, however, so large that no further appropriation from the Treasury in aid of the revenues of the Department is required for the current fiscal year; but an additional appropriation for the year ending June. 30, 1853, will probably be found necessary when the receipts of the first two quarters of the fiscal year are fully ascertained.

In his last annual report the Postmaster General recommended a reduction of postage to rates which he deemed as low as could be prudently adopted, unless Congress was prepared to appropriate from the Treasury, for the support of the Department, a sum more than equivalent to the mail services performed by it for the Government. The recommendations of the Postmaster General, in respect to letter postage, except on letters from and to California and Oregon, were substantially adopted by the last Congress. He now recommends adherence to the present letter rates, and advises against a further reduction until justified by the revenue of the Department.

He also recommends that the rates of postage on printed matter be so revised as to render them more simple, and more uniform in their operation upon all classes of printed matter. I submit the recommendations of the report to your favorable consideration.

The public statutes of the United States have now been accumulating for more than sixty years,

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and, interspersed with private acts, are scattered
through numerous volumes; and, from the cost of
the whole, have become almost inaccessible to the
great mass of the community. They also exhibit
much of the incongruity and imperfection of hasty
legislation. As it seems to be generally conceded
that there is no "common law" of the United
States to supply the defects of their legislation, it
is most important that that legislation should be
as perfect as possible, defining every power in-
tended to be conferred, every crime intended to be
made punishable, and prescribing the punishment
to be inflicted. In addition to some particular
cases spoken of more at length, the whole criminal
code is now lamentably defective. Some offences
are imperfectly described, and others are entirely
omitted; so that flagrant crimes may be committed
with impunity. The scale of punishment is not
in all cases graduated according to the degree and
nature of the offence, and is often rendered more
unequal by the different modes of imprison-
ment, or penitentiary confinement, in the different
States.

more fully expressed in my last annual communication.

Other subjects were brought to the attention of Congress in my last annual message, to which I would respectfully refer. But there was one of more than ordinary interest, to which I again invite your special attention. I allude to the recommendation for the appointment of a commission to setthe private claims against the United States. Justice to individuals, as well as to the Government, imperatively demands that some more convenient and expeditious mode than an appeal to Congress should be adopted.

It is deeply to be regretted that in several instances officers of the Government, in attempting to execute the law for the return of fugitives from labor, have been openly resisted, and their efforts frustrated and defeated by lawless and violent mobs; that in one case such resistance resulted in the death of an estimable citizen, and in others serious injury ensued to those officers and so individuals who were using their endeavors to sustain the laws. Prosecutions have been instituted against the alleged offenders, so far as they could be identified, and are still pending. I have regarded it as my duty, in these cases, to give all aid legally in my power to the enforcement of the laws, and I shall continue to do so wherever and whenever their execution may be resisted.

Many laws of a permanent character have been
introduced into appropriation bills, and it is often
difficult to determine whether the particular clause
expires with the temporary act of which it is a
part, or continues in force. It has also frequently
happened that enactments and provisions of law
have been introduced into bills, with the title or
general subject of which they have little or no
connection or relation. In this mode of legisla-express words of the Constitution.
tion so many enactments have been heaped upon
each other, and often with but little consideration,
that, in many instances, it is difficult to search out
and determine what is the law.

The Government of the United States is em-
phatically a government of written laws. The
statutes should, therefore, as far as practicable,
not only be made accessible to all, but be expressed
in language so plain and simple as to be under-
stood by all, and arranged in such method as to
give perspicuity to every subject. Many of the
States have revised their public acts with great and
manifest benefit; and I recommend that provision
be made by law for the appointment of a commis-
sion to revise the public statutes of the United
States, arranging them in order, supplying deficien-
cies, correcting incongruities, simplifying their
language, and reporting them to Congress for its
action.

The act of Congress for the return of fugitives from labor is one required and demanded by the

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The Constitution declares, "That no person 'held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be 'delivered up on claim of the party to whom such 'service or labor may be due." This constitutional provision is equally obligatory upon the Legislative, the Executive, and Judicial Departments of the Government, and upon every citizen of the United States.

Congress, however, must, from necessity, first act upon the subject, by prescribing the proceedings necessary to ascertain that the person is a fugitive, and the means to be used for his restoration to the claimant. This was done by an act passed during the first term of President Washington, which was amended by that enacted by the last Congress, and it now remains for the Executive and Judicial Departments to take care that these laws be faithfully executed. This injunction of the Constitution is as peremptory and as binding as any other; it stands exactly on the same foundation as that clause which provides for the return of fugitives from justice, or that which declares that no bill of attainder or ex post facto law shall be passed, or that which provides for an equality of taxation according to the census, or the clause declaring that all duties shall be uniform throughout the United States, or the important

An act of Congress, approved 30th September, 1850, contained a provision for the extension of the Capitol, according to such plan as might be approved by the President, and appropriated one hundred thousand dollars to be expended under his direction, by such architect as he should appoint to execute the same. On examining the various plans which had been submitted by different architects, in pursuance of an advertisement by a committee of the Senate, no one was found to be entirely satisfactory, and it was therefore deemed advisable to combine and adopt the advan-provision that the trial of all crimes shall be by tages of several.

The great object to be accomplished was to make such an addition as would afford ample and convenient halls for the deliberations of the two Houses of Congress, with sufficient accommodations for spectators, and suitable apartments for the committees and officers of the two branches of the Legislature. It was also desirable not to mar the harmony and beauty of the present structure, which, as a specimen of architecture, is so universally admired. Keeping these objects in view, I concluded to make the addition by wings, detached from the present building, yet connected with it by corridors. This mode of enlargement will leave the present Capitol uninjured, and afford great advantages for ventilation and the admission of light, and will enable the work to progress without interrupting the deliberations of Congress. To carry this plan into effect, I have appointed an experi enced and competent architect. The corner-stone was laid on the 4th day of July last, with suitable ceremonies, since which time the work has advanced with commendable rapidity, and the foundations of both wings are now nearly complete.

I again commend to your favorable regard the interests of the District of Columbia, and deem it only necessary to remind you that although its inhabitants have no voice in the choice of Representatives in Congress, they are not the less entitled to a just and liberal consideration in your legislation. My opinions on this subject were

jury. These several articles and clauses of the Constitution, all resting on the same authority, must stand or fall together. Some objections have been urged against the details of the act for the return of fugitives from labor; but it is worthy of remark that the main opposition is aimed against the Constitution itself, and proceeds from persons and classes of persons, many of whom declare their wish to see that Constitution overturned. They avow their hostility to any law which shall give full and practical effect to this requirement of the Constitution. Fortunately, the number of these persons is comparatively small, and is believed to be daily diminishing, but the issue which they present is one which involves the supremacy and even the existence of the Constitution.

Cases have heretofore arisen in which individuals have denied the binding authority of acts of Congress, and even States have proposed to nullify such acts, upon the ground that the Constitution was the supreme law of the land, and that those acts of Congress were repugnant to that instrument; but nullification is now aimed, not so much against particular laws as being inconsistent with the Constitution, as against the Constitution itself; and it is not to be disguised that a spirit exists and has been actively at work to rend asunder this Union, which is our cherished inheritance from our revolutionary fathers.

In my last annual message I stated that I considered the series of measures, which had been

adopted at the previous session, in reference to the agitation growing out of the Territorial and slavery questions, as a final settlement in principle and stance of the dangerous and exciting subjects which they embraced; and I recommend adherence the adjustment established by those measures, nail time and experience should demonstrate the necessity of further legislation to guard against asion or abuse. I was not induced to make is recommendation because I thought those geasures perfect, for no human legislation can be perfect. Wide differences and jarring opinions can only be reconciled by yielding something on all sides, and this result had been reached after an angry conflict of many months, in which one part the country was arrayed against another, and nolent convulsion seemed to be imminent. Lookme at the interests of the whole country, I felt it to be my duty to seize upon this compromise as the best that could be obtained amid conflicting interests, and to insist upon it as a final settlement, to be adhered to by all who value the peace and welfare of the country. A year has now elapsed since that recommendation was made. To that recommendation I still adhere, and I congratulate you and the country upon the general acquiescence in these measures of peace which has been exhibited in all parts of the Republic. And not only is there this general acquiescence in these measures, but the spirit of conciliation which has been manifested in regard to them in all parts of the country has removed doubts and uncertainties in the minds of thousands of good men concerning the durability of our popular institutions, and given renewed assurance that our Liberty and our Union may subsist together for the benefit of this and all succeeding generations.

MILLARD FILLMORE. WASHINGTON, December 2, 1851.

Mr. BAYLY, of Virginia, moved that the message be referred to the Committee of the Whole on the state of the Union, and be printed for the use of the members; which motion was agreed to.

Mr. B. then moved that 15,000 copies extra of the President's message and the accompanying documents be printed for the use of the members. Mr. EVANS inquired whether that was the

usual number?

Mr. BAYLY responded in the affirmative.
The question being put upon the resolution, it

was concurred in.

Mr. STANTON, of Tennessee, moved that the House adjourn.

Mr. RICHARDSON. If the gentleman will allow me, I desire to know whether, if the House adjourn now, the first business in order in the morning will be the drawing for seats under the resolution of the gentleman from New Hampshire, Mr. HIBBARD.]

The SPEAKER. The Chair thinks, in consequence of the limitation, that the time will have expired.

Several MEMBERS. Then let us proceed now. Mr. RICHARDSON. If that is true, I hope the gentleman from Tennessee [Mr. STANTON] will withdraw his motion, that we may execute that business now.

Mr. HOUSTON. I think it has expired quite as much now as it would to-morrow.

Mr. JONES, of Tennessee. I would suggest

to my colleague that he withdraw his motion to

By Mr. MARSHALL of California: A bill to authorize and direct the payment of certain moneys into the treasury of the State of California, which were collected in the

ports of said State, as a revenue upon imports, since the

ratification of the treaty of peace between the United States and the Republic of Mexico, and prior to the admission of said State into the Union.

Also, a bill to establish a branch Mint of the United States in the State of California.

Also, a bill to provide for the location and construction of a central national railroad from the Mississippi river to the Pacific ocean.

Also, a bill to reduce the rates of postage on newspapers, and to establish a uniform rate of postage on letters through out the United States.

Also, a bill to establish a line of ocean mail steamers from San Francisco, in California, via the Sandwich Islands, to Shanghai, in China.

Also, a bill to pay the expenses incurred for the suppression of Indian hostilities in California.

Also, a bill granting the right of way for, and to aid in the construction of, a line of telegraph from the Mississippi river to the Pacific ocean.

Also, a bill to create a Board of Commissioners for the settlement of claims for military services in the State of California.

Also, a bill to establish a navy-yard and naval depôt in California.

Also, a bill to establish assay offices of the Mint of the United States at Sacramento City and Stockton, in California.

Also, a bill to provide for the survey of the public lands in California, the granting of donation privileges therein, and for other purposes.

By Mr. DEAN: A bill to reduce the postage on news papers and perodicals, and to establish a uniform rate thereon.

By Mr. HARRIS of Tennessee: A joint resolution explanatory of the act of 28th September, 1850, entitled “An act granting bounty land to certain officers and soldiers who have been in the military service of the United States." By Mr. OLDS: A bill extending to Louis Kossuth the privileges of citizen of the United States of America.

By Mr. PEASLEE: A bill entitled "An act authorizing the payment of interest to the State of New Hampshire, for. advances made for the use of the United States in repelling invasions, and suppressing insurrection at Indian Stream in said State."

Also, a bill entitled "An act for the settlement and payment of the claims of the State of New Hampshire for the services of her militia and for disbursements for military purposes during the late war with Great Britain."

By Mr. SIBLEY: A bill to grant to the Territory of Minnesota certain lands for the construction of a railroad from the falls of St. Louis river of Lake Superior to a point on the Mississippi river.

A bill to provide for the construction of, and continuation of, certain roads in the Territory of Minnesota.

A bill to provide for the removal of obstructions in the Mississippi river, above the Falls of St. Anthony. A bill to provide for the appointment of a surveyor general of public lands in the Territory of Minnesota. A bill to provide for the establishment of an additional land district in the Territory of Minnesota.

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IN SENATE. WEDNESDAY, December 3, 1851. The Hon, R. F. STOCKTON, of New Jersey, appeared in his seat, and was sworn.

Mr. SEWARD asked and obtained leave to

BILLS INTRODUCED.

Mr. ATCHISON, pursuant to previous notice, asked and obtained leave to introduce a bill granting the right of way and making a donation of a portion of the public lands to the State of Missouri, to aid in the construction of a railroad from Hannibal to St. Joseph's, in said State; which was read a first time, and ordered to a second reading.

Mr. MORTON, in pursuance of previous notice, asked and obtained leave to introduce a bill granting the right of way to the Florida, Atlantic, and Gulf Central Railroad Company through the public lands, and appropriating lands to the State of Florida in aid of the construction of said railroad and branches; which was read a first time, and ordered to a second reading.

SECOND READING OF BILLS.

The following bills were read a second time, and, until the appointment of committees, were laid upon the table:

A bill granting land to the State of Iowa in aid of the construction of a railroad in said State;

A bill granting to the State of Ohio the unsold and unappropriated public lands remaining in said State.

RECEPTION AND ENTERTAINMENT OF KOS

SUTH.

The following joint resolution came up in its order, and was read a second time:

Joint Resolution in relation to the reception and entertainment of Louis Kossuth, Governor of Hungary, in the United States.

Be it, &c., That a joint committee of the two Houses of Congress, to consist of members of the Senate and members of the House of Representatives, be appointed by the Presiding Officers of the respective Houses to make suitable arrangements for the reception of Louis Kossuth, Governor of Hungary, on his arrival in the United States, and to communicate to him assurances of the profound respect entertained for him by the people of the United States; and to tender to him, on the part of Congress, and in the name of the people of the United States, the hospitalities of the Metropolis of the Union..

The resolution being before the Senate,

Mr. FOOTE, of Mississippi. I shall not undertake to address the Senate at length upon the resolution. I have already stated the reasons which induced me to offer it. It has been laid upon the tables of honorable Senators for some days. They have had a fair opportunity of examining it. They know the object of it. They know all the circumstances connected with it. I trust we shall have a unanimous vote in favor of the passage of the resolution. I hope that no delay will be interposed here, because the other House will have no opportunity of acting upon it in time if we delay its passage. I understand that Governor Kossuth is expected in New York to-day, and if we are to receive him in a manner which is supposed to be proper by the Government and by all intelligent persons, with one or two exceptions, with whom

have conversed, it seems to me that we ought at once to adopt such a resolution as the one before the Senate.

As there are two blanks in the resolution, I move to fill them in such manner as to make the joint committee to consist of three members of the Senate and five members of the House of Representatives.

Mr. CLEMENS. Reference. has been made in the message of the President to a resolution passed by the two Houses of Congress at the last session in relation to Kossuth and his companions.

adjourn, and move to postpone the order until half || withdraw the petition and papers of Nancy King. My recollection of the terms of that resolution

past twelve o'clock, to-morrow. Several MEMBERS: "Agreed!" ".

"Agreed!"

Mr. STANTON withdrew his motion to adjourn.

Mr. JONES moved that the order for drawing for seats be postponed until half-past twelve o'clock, to-morrow; which motion was agreed to. On motion of Mr. JONES, The House thereupon adjourned.

NOTICES OF BILLS.

By Mr. CHURCHWELL: A bill to amend the act approved 28th September, 1850, granting bounty land to the soldiers of the different wars, and the widows and minor children of the same, so as to make the land warrants so sued assignable.

By Mr. BRIGGS: A bill to establish a Mint of the United States in the city of New York.

By Mr. STUART: A bill granting to the State of Michthe right of way and a donation of public land for the construction of a ship canal around the Falls of St. Mary's, in said State.

By Mr. DISNEY: A bill to provide for the construction of a free canal around the Falls of the Ohio river.

praying for compensation for the services of her father, a revolutionary soldier.

NOTICES.

Mr. MORTON gave notice of his intention to ask leave to introduce a bill granting the right of way to a railroad from Pensacola Bay, in the State of Florida, to Montgomery, in the State of Alabama, and a grant of land to aid in the construction of said road.

Mr. GEYER gave notice of his intention to ask leave to introduce a bill granting to the State of Missouri the right of way, and a portion of the public lands, for the purpose of aiding in the construction of a railroad from St. Louis to the western limits of that State.

Mr. BRIGHT gave notice of his intention to introduce a joint resolution relative to printing the returns of the Seventh Census.

Mr. UNDERWOOD gave notice of his intention to ask leave to introduce a joint resolution making land warrants assignable.

may be wrong, and therefore I ask that it may be read.

The SECRETARY read the resolution, as follows: A Resolution for the relief of Louis Kossuth and his Associates, exiles from Hungary.

Whereas the people of the United States sincerely sympathize with the Hungarian exiles, Kossuth and his associates, and fully appreciate the magnanimous conduct of the Turkish Government in receiving and treating these noble exiles with kindness and hospitality; and if it be the wish of these exiles to emigrate to the United States, and the will of the Sultan to permit them to leave his dominions: Therefore,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be and he hereby is requested to authorize the employment of some one of the public vessels which may now be cruising in the Mediterranean to receive and convey to the United States the said Louis Kossuth and his associates in captivity.

The PRESIDENT stated the question to be on the motion to fill the blanks respectively with the figures "3" and "5.”

Mr. DAWSON. Mr. President, perhaps it

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