;: ] ■' - ': j ) :« ;« ■f % . li ■ .« ■ 'i : ( ; ■ ; ;■ ! I i ^-- '"^^^^SiiSaiS^ -^ ^ %^ .. LIFE OF JAMES KNOX POLK. '* JAMES KNOX POLK, HISTOBY OF HIS ADMINISTRATION; EMfiBAOnrO THE ANNEXATION OF TEXAS, THE DIFFICULTIES WITH MEX- ICO, THE SETTLEMENT OF THE OREGON QUESTION ANB OTHER IMPORTANT EVENTS. ' BY JOHN sKjENKINS, A17TH0R OP «THE HISTOJY OP THE WAR WITH MEXICO," ETC. my AUBaRN AND BUFFALO: JOHK E. BEARDSLEY^ Entered, according to act of Congress, in the year 185/^, by JAMES M. ALDEN, in the Clerk's Ofl5ce of the District Court of the United S»"tcs for the Northern District of New York. T. B. SMITH, Stereotyper, 216 William st., N. Y. HON. WILLIAM L MARCY, A TOKEN OF HIGH PERSONAL ESTEEM Siljis bolume IS RESPECTFULLY INSCRIBED, BY THE AUTHOR. PREFACE. The life oe any American President, I feel confident, would not need to be specially commended to the atten- • tion of his countrymeu^ — and certainly not that of James K. Polk, — for whatever nwy be the opinions entertained in regard to the administration of which he was the head, it must be conceded that great air3 important measures were submitted to their consideratioL and action, and that interests of the deepest magnitude wtre confided to their hands. Mr. Polk could not have said, with Augustus Caesar, that he found the capital of the republic built of brick, and left it constructed of marble ; but he might have claimed that he found her territories bounded on the south by the Sabine and the 42d parallel, and her au- thority west of the Rocky Mountains existing only in name, — and when he transferred the government to other hands. New Mexico and California were annexed to her domain, and her flag floated in token of sovereignty on PREFACE. the banks of the Rio Grande, on the shores of the Straits of Fuca, and in the bay of San Francisco. How and in what manner these territorial acquisitions were made, is a question worthy of inquiry. -Mr. Polk did not want for able defenders to vindicate the policy of his administration ; nor did his conduct escape censure a,vd- criticism. By some, as in the pamphlet of the late Mr. Gallatin, one of the most important measures w'*:^ which the late President was identified — the war w^'tli Mexico — was reviewed in a spirit. of candor and iQ'ankness, yet, as I think, under the influence of erroneous impressions with regard to the facts upon whic^^ conclusions were based ; and by others, as in thf Review of Mr. Jay and the productions of those v^iio have followed in his wake — sed longo intervallo — vvith pure and honest motives, but with dogmatic assn^nptions, and appeals to the passions and the sympathies, rather than with well-founded argu- ments. It is not claimed for this volume, that it is entirely impartial. Entertaining his own views- in all sincerity, the writer has not hesitated to express them ; and this right he is quite willing should be exercised by those who differ from him in opinion. It has not appeared to me to be advisable, to present a detailed history of the war in Mexico, for two reasons. In the first place, so much has been written on the sub- PREFACE. xi ject, that there is very little left to add to the accounts of the campaigns ; and secondly, it would seem like claim- ing for Mr. Polk individually, the merit of transactions •in Tvhich he had no direct participation, and therefore doing his memory a positive injustice. 'Aside from all political considerations, there is some- thing in the character of Mr. Polk, in his early struggles and iuliis triumphs, which is worthy of notice, and will challenge admiration. " There is nothing so interesting to me," says Joanna Baillie, " as to trace the course of a prosperous man through this varied world. First, he is seen like a little stream, weai'ing its shallow bed through the grass, circHng and winding, and gleaning up its treasures from every twinkling rill as it passes ; fur- ther on, the brown sand fences its margin, the dark rushes thicken on its side; further on still, the broad flags shake their green ranks, the willows bend their wide boughs o'er its course ; and yonder, at last, 'the fair river appears, spreading his bright waves to the light."* For a great portion of the materials from which this book has been prepared, I am indebted to the kindness of many friends, all of whom I could scarcely enumerate ; but each individually will please accept my sincere thanks. * Comedy of the " Second Marriage " CONTENTS. CHAPTEE I. Thomas Jefferson — Declaration of American Independence— Origin of the Movement— Early Settlers of North Carolina — Character — The Meck- lenburg Resolutions — The Polk Family— Their History — Patriotic Conduct during the Revolution . . .17 CHAPTER II. Birth of James K. Polk — His Parents — Their Children — Removal to Tennessee — Early Life and Character of James— ^Youthful Ambition — His Education— Enters the University of North Carolina— Character as a Student— Graduates— Honors bestowed upon him by his Alma Mater . .....•• 35 CHAPTER III. Commences the Study of the Law in the Office of Felix Grundy— Se- cures the Friendship of Andrew Jackson — Admitted to the Bar— Success in the Practice of his Profession — His Political Associations — Stylo and Manner as a Public Speaker — Chief Clerk and Member of the Ten nessee Legislature — Duelling Law — Internal Improvements — His Mar- riage—Mrs. Polk ....... 45 XIV CONTENTS. CHAPTER IV. Chosen a Member of Congress— Repeated Reelections— Opposition to IMr Adams' Administration — The Panama Mission and the American Sys- tem—Support of General Jackson and Mr. Van Buren— The Tariff Ques- tion—Internal Improvements — The Pension Laws— United States Banlc — . Independent Treasury ...... 57 CHAPTER V. Dissensions in the Republican Party in Tennessee — Nomination of Judge White for the Presidency— Course of Mr. Polk— Chosen Speaker of the House of Representatives— Reeleeted—Character as a Presiding Officer — Vote of Thanks — Farewell Address . . » . 85 CHAPTER VI. Mr. Polli supported by the Democratic Party in Tennessee as their Candi- date for Governor — The Canvass — His Election — Inaugural Address — Executive Recommendations — His Administration — A Candidate for Reelection — Defeat — State Politics .... 100 CHAPTER VII. Presidential Canvass of 1844— The Texas Question— Letter of Mr. Polk to the Citizens of Cincinnati — The Baltimore Convention — Nomination of Mr. Polk— His Acceptance— Resolutions of the Convention— The Elec- tion—Reception at Nashville— Journey of the President Elect to Wash- ington— His Inauguration— Address . s . .118 CONTENTS. XV CHAPTER VIII. * Position of the President— His Cabinet— The Washington Globe and The Union— Meeting of Congress— First Annual Message— The Oregon Boundary Question— History and Progress of the Negotiation— Ultima- tum of the American Government— Proposition of Great Britain— Con- clusion and E,atification of a Treaty . lei CHAPTER IX. Opposition of Mexico to the Annexation of Texas— The Question of Btfim- dary— American troops ordered to Texas— Attempt to Negotiate— Re- fusal to receive a Minister— Advance of General Taylor to the Rio Grande— Commencement of Hostilities— Incidents of the war — Repeated • efforts to open negotiations— The Armistice— Treaty of Peace . 236 CHAPTER X. The Independent Treasury— Tariff of 1846— Course in regard to Appoint- ments—River and Harbor Veto— Second Annual Message— Special Mes- sage on the Improvement Bill — Thirtieth Congress — President's Mes- sage — Refusal to Communicate Diplomatic Correspondence — Oregon Territorial Bill— Views of Mr. Polk— Presidential Election— Last Con- gress during his administration — Inauguration of his successor. 230 CHAPTER XI. Return to Tennessee — Speech at Richmond— Arrival Home— Prospects for the Future— Vanity of Human Hopes and Expectations— His Death- Funeral Honors— Personal Appearance and Character- Conclusion 325 LIFE OP JAMES I. POLK. CHAPTER I. Thomas JefiFerson.— Declaration of American IndependeiKQ,_origin of the Movement. — Early Settlers of North Carolina.— Characi^^ "phe Meck- lenburg Resolutions. — The Polk Family. — Their Histor^ _ patriotic Conduct during the Revolution On the south-western slope of Monticello, — ^m the nitlst of the native forest hallowed by associations which hav^ protected it from the faggot and the axe, and where the soft winds that disturb its solemn stillness murmur cease- \ lessly of the storied past, — there stands a plain granite obelisk, looking forth over the fair land, which he, who reposes there in the silence of death, loved with the af- fection of a son, and whose institutions he regarded with peculiar veneration. No heraldic blazonry may be wit- nessed there, — none of the sculptured pomp of woe. All ■ is simple, chaste, appropriate — yet impressive. Read the few lines graven upon this humble memento, in remembrance of one who asked no nobler monument I — The inscription, in brief but eloquent words, relates a whole chapter, and that the brightest and the proudest 18 JAMES KNOX POLK. in the life of him -whose memory is t^us consecrated. — " Here lies buried, Thomas jEFFF-iSON,"— so runs the Vecord,— " Author of the Declara*on of Independence !" This is not merely the ass^'tion of a claim to the authorship of that memorabh document, which can per- ish only with the nation tJ^t it called into existence ; but it is also an import^^it historical fact, and one of which the party dii-ectlT concerned, and those interested in his memory, have .^t right to be proud. It is, as it were, the impartial judgment of the recording Muse. As such, it will l-'»^e ^^ the history, and be perpetuated in the tradition's? of the American people. But neither the Sage of Monticello, nor his most ardent admirer, ever claim^^ ^^^^ ^6 was the sole originator of the great moveme;-*<^ to which the Declaration of '76 gave form and substs^ce. Its germs were planted in ten thousand tert'^^y long before the resolutions of Patrick Henry c/icerning the Stamp Act were offered, or his eloquent roice had sounded the alarm ; its hopes and its impulses throbbed in ten thousand bosoms long before the chimes of the old State-house bell in Philadelphia proclaimed " liberty throughout this land, unto all the inhabitants thereof ;" and they only waited "the hour and the man" to call them into action, and give them expression. Occasions were not wanting, when the intolerance of oppression, and the stern resistance to tyranny, which were characteristic of the colonists, found utterance in something more than mere words and protestations. Such were the opposition of Massachusetts, in 1680, to the commercial restrictions ; the refusal to surrender the charter of Connecticut to Sir Edmund Andros ; the EARLY INHABITANTS OF NORTH CAROLINA. 19 public sympathy evinced in New York, in behalf of those who were prosecuted for libels on Governor Cosby ; Bacon's rebellion in Virginia ; and the repeated efforts made in the Carolinas to resist the oppressions of the proprietaries. At a later day, as the time approached for the general outbreak, its foreboding thimders were heard not only among the hills of New England, but they were echoed amid the leafy forests and luxui'iant savannas of the sunny South ; and when the signal of war was given at Lexington, the citizens of Mecklenburg County, in far- distant North Carolina, assembled in Convention, and were the first solemnly and deliberately to proclaim their independence of the British crown. The first settlers and inhabitants of North Carolina had conceived a strong " passion for representative government ;" they were opposed, alike from prejudice and from principle, to excessive taxation, to commercial monopolies and restrictions, and to any abridgment of their political liberties. They were men- " who had been led to the choice of their residence from a hatred of restraint, and had lost themselves among the woods in search of independence. Are there any who doubt man's capacity for self-government, let them study the history of North Carolina ; its inhabitants were restless and turbulent in their imperfect submission to a government imposed on them from abroad ; the administration of the colony was firm, humane, and tranquil, when they were left to take care of themselves. Any government but one of their own institution was oppressive."* * Bancroft's History of the United States, vol. ii., p. 158. 20 JAMES KNOX POLK. [1735. We cannot wonder that such was the character of the founders of this colony, when we inquire into their ori- gin. They were the descendants and kinsmen of the Scottish Covenanters ; of the men who, at all times op- posed to the exercise of arbitrary authority, resisted the tyrannous measures of Charles I., and set Cromwell at defiance ; of the Seceders of 1741 and 1843, who would not consent to allow the right of patronage, or permit the civil power to interfei* in the affairs of the Church endeared to them by the associations of infancy, and the recollections of age. They sprung, in great part, from the Scottish colonists who emigrated to Ireland under the auspices of James I., and settled there to disseminate the reformed religion, " for conscience sake." From Ireland, the Scotch-Irish Presbyterians journey- ed across the Atlantic, in search of the freedom in mat- ters of religion which had been denied to them at home. Pilgrims in quest of "a faith's pure slmne," — where he who ministered in holy things should be the faithful and devoted servant of his God, and not the miserable de- pendent on royal favor, — they braved persecution and danger, the perils of the sea and of the land, to erect their standard and practice their creed, unquestioned of man, amid the solitudes of the Western World. Not in vain were these trials undergone, or these perils encoun- tered. Their patient endurance was rewarded by the discovery of the object which they earnestly longed to se- cure. They planted the groves and the orchards, whose rich fruitage has blessed and cheered their posterity. " They have left unstained what there they found, — Freedom to worship God !" 1735. j EMIGRATION FROM IRELAND. 21 About the year 1735, or shortly thereafter, the em- igrants from Ireland " sought the wilds of America by two avenues ; the one, by the Delaware River, whose chief port was Philadelphia, and the other by a more southern landing, the port of Charleston, South Carolina. Those landing at the southern port, immediately sought the fer- tile foi-ests of the upper country, approaching North Carolina on one side, and Georgia on the other ; and not being very particular about boundaries, extended south- ward at pleasure, while, on the north, they were checked by a counter tide of emigration. Those who landed on the Delaware, after the desirable lands east of the Alle- ghanies, in Pennsylvania, were occupied, turned their course southward, and were speedily on the Catawba : passing on, they met the southern tide, and the stream turned westward, to the wilderness long known as ' Be- yond the Mountains;' now, as Tennessee. These two streams, from the same original fountain, Ireland, meet- ing and intermingling in this new soil, preserve the char- acteristic difference ; the one, possessing some of the air and manner of Pennsylvania ; and the other, of Charles- ton. These are the Puritans, the Roundheads of the South, the Blue-stockings of all countries ; men that set- tled the wilderness on principle, and for principle's sake ; that built churches from principle, and fought for liberty of person and conscience, as their acquisition, and the birthright of their children."* From what has been said, it must not be inferred, that the inhabitants of North Carolina, during the Revolution, • Foote's Sketches of Ndrth CaroHnai ^- 188. 22 JAMES KNOX POLK. [1775. were, to a man, devoted to the Whig cause, — that there were no Loyalists among them. That was not the case. North Carolina differed not in this respect from her sis- ter colonies ; and the remarks of Judge Marshall, with reference to the citizens of the Southern States generally, are particularly applicable to her population. " Being almost equally divided," he says, " between the two contending parties, reciprocal injuries had gradually sharpened their resentments against each other, and had armed neighbor against neighbor, until it became a war of extermination. As the parties alternately triumph- ed, opportunities were alternately given for the exercise of their vindictive passions."* In the lower counties of North Carolina, within the atmosphere of the provincial court, nearly all the inhabitants were infected with loy- alty, while in the upper counties there was as great a pre- ponderance of Whigs. Between the two parties, or fac- tions, a fierce and unrelenting warfare was incessantly waged. Occupied as they were with enemies at home, the Whigs of North Carolina were therefore unable to spare many of their number for service in distant sec- tions of the Confederacy ; and it cannot, in justice, be mentioned to their reproach, that they remained at home, to protect their wives and children, their property and their firesides, from their infuriated opponents. In the mountain district of North Carolina, the seeds of independence were early sown, and they soon germi- nated and ripened for the harvest. In this remote re- gion there were thousands of spectators, who watched • Life bf Washingt&n, rol. iv. p. 486. 1775. J THE Mi!rMBiA, Tenne.-=seo, .Tune 19th, 1844. Dear Sir : — I have received recently several letters in reference to my opinions on the subject of the tariff, and among others yours of the 30th ultimo. My opinions on I 1825-39. J THE KANE LETTER. 81 this subject have been often given to the public. They are to be found in my public acts, and in the public dis- cussions in which I have participated. I am in favor of a tariff for revenue, such a one as will yield a suflScient amount to the treasury to defray the expenses of the government economically administered. In adjusting the details of a revenue tariff, I have hereto- fore sanctioned such moderate discriminating duties, as would produce the amount of revenue needed, and at the same time afford reasonable incidental protection to our home industry. I am opposed to {f tariff for protec- tion merely, and not for revenue. Acting upon these general principles, it is well known that I gave my support to the poUcy of Gen. Jackson's administration on this subject. I voted against the tariff act of 1828. I voted for the act of 1832, which contained modifioatluns of some of the objectionable provisions of the act of 1828. As a' member of the Committee of Ways and Means of the House of Representatives, I gave my assent to a bill reported by that Committee in Decem- ber, 1832, making further modifications of the act of 1828, and making also discriminations in the imposition of the duties which it proposed. The bill did not pass, but was superseded by the bill commonly called the Com- promise bill, for which I voted. . In my judgment, it is the duty of the government to extend, as far as it may be practicable to do so, by its revenue laws and all other means within its power, fair and just protection to all the great interests of the whole Union, embracing agriculture, manufactures, the mechanic arts, commerce and navigation. I heartily approve the 4* 82 JAMES KNOX POLK. [1825-89. resolutions upon this subject, passed by the Democratic National Convention, lately assembled at Baltimore. I am, with great respect, Dear sir, your ob't serv't, James K. Polk. John E. Kane, Esq., Pliiladelphia. This letter indicates what were the sentiments of its author on the subject to which it related, as clearty and distinctly as lan^age could express them. He was in favor of a tariff yielding sufficient revenue to support the government economically administered, and which should afford, at the same time, incidental protection to all the various interests of the country. He was willing to en- courage manufactures to this extent, but he was not dis- posed to favor them, to the injury of other interests. A high protective system he could not countenance. He saw how it had operated in England, where a powerful aristocracy were maintained in luxury and idleness, and a corrupt and expensive government supported, out of the hard-earned substance of the yeoman, the laborer, and the operative ; and history taught him,' that whenever and wherever it had been adopted, it had brought the poorer classes to abject penury and want, and reduced them to a condition of slavish dependence on the wealthy and more favored classes. Entertaining such views, he cordially approved of the revenue tariff of 1846. All its main features harmonized with his own convictions ; he did not consider it perfect- in all its parts, but as a whole it was satisfactory to him ; 1825-39.1 UNITED STATES BANK. 83 and the bill received his signature, as it met with his approbation. Whenever and howsoever any of the objectionable features of the " American System," were brought for- ward in Congress, they encountered the determined and unyielding opposition of Mr. Polk. He planted himself upon what he conceived to be the impregnable doctrines of the Maysville road veto, and refused to be driven from his position. If he had ever been in doubt in respect to the propriety of constructing works of internal improve- ment in the states by the general government, his expe- rience as a legislator led him to reflect carefully upon the subject. He saw how the power which had been inferred from the Constitution, had been abused ; and when a careful examination of that instrument resulted in dis- covering no positive warrant for the authority which had been claimed by the friends of the " American System" to belong to the national government, he denied its ex- istence altogether. During his service in Congress, he was the steadfast friend of the surviving officers and soldiers of the revolu- tion. No one did more than he to establish and perfect the pension system, and he was particularly active in his efforts to extend its benefits to the officers and soldiers of the militia. He was among the earliest opponents of the recharter of the United States Bank ; and in the month of August, 1829,* in a letter addressed to his constituents, he avowed * This was several months previous to the appearance of General Jack- eon'e first message. 84 « JAMES Kirox POLK. [1825-39- his convictions to 1)0 irreconcilably opposed to the exist- ence of such an institution, and denied both its constitu- tionality and expediency. He supported and defended the administration of General Jackson during the exciting Contest Avith the bank, and approved and justified the removal of the deposits. With General Jackson and Mr. Vtin Buren, he was at first favorable to the state bank deposit system ; but when he saw how total was its fail- ure to answer the expectations of himself, and his friends and coadjutors, he hailed the project of an independent treasury recommended by Mr. Van Buren, as the great desideratum in the financial system of the government. This measure received his unqualified approbation, and at all times and on all occasions, he expressed himself unreservedly in its favor. He had the proud satisfaction, too, in the first year of his administration, of approving, in an official character, the bill which, at the close of his public career, remained unrepealed on the statute-book, — a bill which had risen, like the Phoenix from his pyre, from the ashes of obloquy and persecution, and was pro- claimed the law of the land, in accordance with the expressed will of the Nation. CHAPTER V. Dissensions in the Republican Party in Tennessee— Xomination of Ju(l;^e White for the Presidencj-— Course of Mr. Polk— Chosen Speaker of tho House of Representatives- Reelected— Character as a Presiding Officer — Vote of Thanks — Farewell ^Uldress. Although the vote of Tennessee, given at the presi- dential election in 1828, was almost unanimous in favor of General Jackson,* indications of dissatisfaction were manifested by some of the most prominent members of the republican party in that state, at an early period of his administration. It was impossible for him to gratify all the numerous applicants for office, and those Avho were disappointed, though they took care to conceal their cha- grin, cherished many an unfriendly feeling at heart, that only required an occasion for its exhibition. But while his personal fortunes appeared to be at stake, nothing like open opposition was witnessed ; he had firmly secured the love and respect of the people of Tennessee, and a whisper against his fair fame aroused their indignation. His name, like that of Hafed, was a " name of fear ;" and .if murmurs were ever heard, they were directed toward those who were said to be his confidential friends and advisers. As the time approached, however, for the selection of his successor, the elements of discord and disaffection * There were only about twenty-two hundred votes cast for the Adams electors in the whole state. 86 JAMES KNOX POLK. [1834. were more plainly visible. His preferences for Mr. Van Buren were well known, as they were never disguised. But in Tennessee, a large portion of the republicar- partj were in favor of Hugh L. White, an estimable and talented citizen of that state, then one of its Senators in Congress ; and they desired to have him duly brought forward by a legislative nomination, as their candidate for the presidency. Unsuccessful attempts were made to induce the legislature to makfi the desired nomination, and a similar effort at the convention called to revise the state constitution, in the spring of 1834, likewise failed of success. In tlie neighboring state of Alabama, the friends of Judge White Avere more fortunate ; and in the month of January, 1835, the legislature of that state nominated him as their candidate for the succession, — but with the reservation, and upon the condition, that he should be " the choice of tlie republican party throughout the Union." Governor Carroll, Ex-Governor Blount, Felix Grundy, James K. Polk, Cave Johnson, and other discerning men in the republican ranks in Tennessee, saw, at a glance, that the prospects of Judge White Avere utterl}^ liopeless. Indeed, it Avas idle to presume that the condi- tion mentioned in the resolution of the Alabama leo-isla- ture would ever take place. Tennessee had been honored with a president of her own choice, for eight years in succession ; and there was nothing in the public services, or in the character of Judge White, that peculiarly enti- tled him to inherit this distinction, in opposition to the candidates whose nomination was desired in other states. Besides, the general sentiment of the republican party in 1834.] HIS COURSE. 8T the nation, as manifested in a thousand ways, and in the most unequivocal manner, had indicated a decided pref- erence for Mr. Van Buren. Mr. Polk and his friends were disposed to yield a ready acquiescence to what appeared to be the controlling desire of their republican friends out of Tennessee. He "was himself urgently solicited to join in some public manifestation in behalf of Judge White ; but he firmly and constantly refused to lend his name or his influence for any such purpose. He esteemed Judge White for his virtues and talents, and was averse to taking ground decidedly against him, although he saw, that his suscep- tibility to flattery had been taken advantage of by his particular friends, and the opponents of the administra- tion, in order to distract and divide the republican party at the approaching presidential election. Personally, Mr. Polk Avas not in the least degree unfriendly to tl:e political advancement of Judge White ; but he had none of that false state pri le, which would have led him to oppose and denounce, as he was desired to do, the pre- ferred candidate of the republicans throughout the Union. Meanwhile, the course of Judge White and his friends was not calculated to increase his popularity among the supporters of General Jackson's administration. Oa sev- eral occasions he had given evidence of a disposition to thwart the President in some of his favorite and leadinc- measures. At the session of 1833-34, he voted ao;ainst the " three million amendment" to the fortification bill ; he opposed, also, the Ross treaty, and the expuno-ino- res- olutions of Mr. Benton ; and he supported the movement made by the Whigs in Congress, predicated, as they 88 JAMES KNOX POLK. [1834. alleged, upon their fears with respect to the union of the purse and the sword in the hands of the President, to re- duce the Executive patronage and power. In the House of Representatives, the White interest was represented bj John Bell, one of the colleagues of Mr. Polk, and between whom there had long existed a sort of rivalship. Both claimed to be the sincere friends of General Jackson, and botli approved of the veto of the United States Bank, and the removal of the deposits. But Mr. Bell was in favor of the incorporation of another bank,* Avhile Mr. Polk, in accordance with what had now become one of the cardinal doctrines of the party to which he belonged, as it had been one of the tests of the old re- publican creed, avowed his uncompromising hostility to any such institution. The latter, therefore, was the most popular with the republican members of the House, and was more particularly honored ■\' ith the confidence and friendship of President Jackson, ;;nd the principal leaders of the republican part;:. In Jini'\ 1834. the Speaker of the House, Andrew Stevenson, ot Virginia, resigned his seat in Congress, in consequence of his nomination as Minister to Great Britain. Mr. Polk was instantly se- lected by the majority of the republican, or democratic! members, as tlie administration candidate for the vacant * Speech of Mr. Bell on Mr. (.'layton's liesolntion, 1S32. t About the time of the first election of General Jackson, in 1S28, his friends and supporters began to assume the party designation of democrats, or democratic npiibUcans, — the former term, previous to that time, having been generally regarded as one of reproach. The opponents of his adminis- tration called themselves nationil republican^, until 1331, when thej' as- sumed the name of M'/i/jjs Since that date the t-.vo great parties have been usually designated as n-Zj/sfs and demcaats. The adherent-' of .Tudge White in Tennessee, claimed to be the '• no-party party."' 1835-J SUPPORT OF MR. VAN BUREN. 89 position. But the friends of Judge White refused to support him, and voted for Mr. Bell, who, with the aid of the Whig members, was elected over Mr. Polk on the tenth ballot. In the month of January following, the Alabama nomi- nation Avas made, as has been mentioned ; and during: the same session of Congress, the Tennessee delegation in the House, with the exception of Mr. Polk and Cave Johnson, united in recommending the support of Judo-e White for the Presidency. Mr. Bell, it is said, originally preferred Colonel Richard M. Johnson, of Kentucky ; but the views of the latter in regard to the incorporation of a national bank not being satisfactory to him, he connected himself with the fortunes of Judge White. Shortly after the adjournment of Congi-ess, Mr. Van Buren was regularly put in nomination as the republican candidate for President, by the unanimous voice of the national convention assembled at Baltimore in May, 1835. Mr. Polk took no part in calling or recommending this convention. It was entirely a new movement, and orig- inated mainly in a desire to organize the republican party in a most efficient manner, in anticipation of a pow- erful effort on the part of the opponents of the adminis- tration to defeat their candidates. After the nominations were made, and received with an almost universal ex- pression of approbation in every State in the Union, Tennessee alone excepted, Mr. Polk announced his de- termination not to separate himself from the republican party of the nation. Messrs. Carroll, Blount, Grundy and Johnson, agreed with him in sentiment, and active preparations were immediately made to carry the state 90 JAMES KNOX POLK. [1835» at the gubernatorial and congressional elections, in Au- gust, 1835. But the time proved too short to counteract the impressions which had been formed, and to change the direction of the popular current. The Whigs united with the friends of Judge White, and succeeded in de- feating Governor Carroll, who was nominated for re- election, and all the administration candidates for Con- gress, save Mr. Polk and Mr. Johnson. The triumphant return of these two individuals was particularly disagreeable to the combined opposition. The most powerful efforts had been made to defeat them, and their opposition to Judge White was arrayed against them, through the press, and the harangues of public speakers, in every conceivable shape and form. Mr. Polk was assailed in his district Avith especial vehemence ; but when* his opponents discovered that all efforts to de- feat his reelection were useless, and that it was impossible to overcome his strong personal popularity, they sought to pledge him to the support of Mr. Bell for the speaker- ship, in opposition to any candidate beside himself. He had no terms to offer, or to accept, — no bargain to suggest, or to conclude. He went before the people, and defended his course and conduct, from the stump, in right good earnest. In a speech addressed to his con- stituents on the 20th of May, and before the Baltimore nominations were announced, he declared that he had at all times been willing to see Judge White elevated to the presidency, since his name had been spoken of, if it could be done by the political party to which they both be- longed ; " and," said he, " if at any time hereafter, the public sentiment in the democratic republicaa states, in 1835.J PRESIDENTIAL ELECTION. 91 vfhatever fair mode ascertained or expressed, shall indi- cate him as the choice of the body, or of a majority of the republican supporters of the present administration, I ■\vill be found uniting Avith them in his support. But until such indication shall be given, I Avill wait and see upon T\hom the great body of our friends of the same po- litical faith in other states do concentrate ; and upon him, whomsoever he may be, in my opinion, all should unite." " Were I to give an opinion," he added, " as to what the course of the opposition would ultimately be, judging from the conduct of the leaders of that party in Congress, I should say that they would wait, in the hope that we would become excited, divided, and arrayed against each other, between two or more candidates of our party, so that we could not be reunited ; and having effected this* by false pretence of intended support to jone of our party, it will only be necessary to sound a bugle to rally the whole strength of the opposition upon one of their own men. Should we divide to any great extent, none can suppose that the ambitious men who lead the opposition, will not take advantage of our divisions and run a candidate of their own." On the 8th of June, during the term of the county court, Mr. Polk addressed ersons ; or whether there is, I regret to say, but too much reason to fear, from a desire on the part of many persons, who manifest .by their conduct a reckless dis- legard of the harmony of the Union and of the public good, to convert it into a political engine, with a view to control elections, jts progi-css should be firmly resisted by all the constitutional means within the power of the State. The most ca;unl observer of pnssing events cannot fail to have seen that modei-n Abolitionism, with rare and few exceptions among its advocates, has becom.-, to a great extent, purely a political question. That many of the leading abolitionists are active political partisans, fully identified with, and constitutinc. 112 JAMES KNOX POLK. [1839. no inconsiderable part of, one of the political parties of the country, can no longer admit of doubt. They address them- selves to the prepossessions and prejudices of the commiuiity in which they live, against slavery in the abstract, and, availing themselves of these prepossessions and prejudices, are strug- gling to control political events. All the lovers of the Union of the States, and ail patriotic citizens, whether of the slavehold- hig or non-slaveholding States, who are ardently attached to our free institutions, must view Avith indignant reprobation the use made of such an unholy agitation with such objects. The attempts made to introduce it for discussion int^i the Federal Legislature have been met in the proper spirit, not only by Southern Representatives, but by a large portion of the IS'orthern delegation in Congress. It is fortunate for the country, that, in the midst of this agitation, there is at the head of the Federal Govcnmic'iit a Chief Magistrate who, in the patriotic discbarge of his high duties, has placed the seal of his unqualified condemnation upon any attempted action by Congress upon tite subject of slaverj'^ in any manner, or to any extent, whether existing within the States or witliin the District of Columbia. That he deserves and will receive the support of the States and of the people, in every portion of the I'nion, in maintaining his uncompromising and public- ly declared determination to preserve inviolate the compro- mises of the Federal Constitution and the reserved riglits of the slaveholding States on this subject, cannot be doubted. In regard to other powers, which at different times the Federal Government has assumed, or ar.erapted to exercise, the same reasorlhig may be applied. Among these may be enumerated the power assumed to construct works of Inter- nal Improvements within the States, by means of appropria- tions drawn from the National Tieasuiy ; the power of "abridging the freedom of speech," secured by the Constitu- tion to everj^ citizen, by enacting laws to suppress alleged sedition, or the more recent attempts to enact them under 4 1839.] governor'smessage. 113 the more plausible pretence of " securing the freedom of elections." I shall most cheerfully cooperate with the Legislative and Judicial Departments of the State Government, by all tlie coiiiitilutional and legal means within the competency of the Executive, in their efforts to confine the action of the State Avithin proper hmits, and to resist the encroachments of the Federal Government, upon her reserved rights of sovereignty. I shall as cheerfully cooperate with them in all such meas- ures as shall be calculated to insure economy in the expen- ditures of the State Government, strict accountability on the part of public officers, the promotion of virtue, the suppres- sion of crime, and the development of the wealth, the re- sources, and the energies of the State. The revised Constitution under which -.ve are acting has in- fused into the administration of the State Government more of the Democratic principle ol immediate and direct agency by the people than existed under the former Constitution. Instead of delegating, as the old Constitution did, the power "of appoin'^ing many important ministerial and municipal offi- cers to the judicial tribunals and other appointing agents, the people are now their own agents, and make the appointments by popular elections. The higher judicial functionaries hold their offices by a tenure restricted to a term of years, and not, as formerly, by the tenure for life. These are important changes in the fundamental law of the State. In practice t'aey have, thus fai-, produced no inconvenience, but have worked well. Jn the administration of the State Government I regard it fortunate that there are but few subjects of internal policy upon which there exists much diversity of opinion. The encouragement of a " well-regulated system of Internal Jm- provement," and the promotion of " knowledge, learning, and virtue," as " being essential to the preservation of RepubUcan institutions," are duties imposed by the Constitution of the 114 JAMES KNOX POLK. [1839. State upon her public functionaries, which they are not at hberty to disregard. Under the deep conviction that these are subjects of general and pervading interest to the whole people of the State, I shall regard it to be my duty to lend my aid in executing the injunctions of the Constitution in a liberal spirit. No objects are, in my judgment, more worthy of the public patronage and support. The preservation of public credit, and of a sound curren- cy in the State, will undoubtedly be among our highest du- ties. It is a prevailing error to suppose that a miiltiplication of banks, and an excessive issue of paper circulation, can ad- vance the public prosperity, or afford any permanent relief to the community in which they exist. Instead of a bless- ing, excessive banking generally proves to be a curse. The bloated state of apparent prosperity Avhich they temporarily excite, our experience has shown, has invariably been fol- lowed by derangement of the money market, depreciation ®f the cuiTency, and finally by severe pressure and suffering- inflicted on the people. To prevent the recurrence of such a state of things, it will be my desire, by all the constitu- tional and legal restrictions which can be thrown around them, to see that the banks which may exist in the State, shall be based upon a solid foundation, and confine their operations within their reasonable means to meet their respon- sibilities promptly. I will, at an early day, avail myself of an appropriate occasion to make to the General Assembly of the State, now in session, a communication touching sub- jects which may seem to require legislative action at their present session. It will be my duty, under the Constitution of the State, to " take care that the laws be faithfully executed/' The Exe(fiitive is vested Avith no legislative discretion or power. The laws which the General Assembly shall pass, il is made his duty to execute, even though he may difter in opinion with that branch of the State Government in reo-ard to 1839-41. j EXECUTIVE RECOMMENDATIONS. 115 their vrisdom or policy. This duty I shall faithfully per- form. Relying confidently upon the support of my fellow-citi- zens, and invoking the aid and guidance of the Supreme Ruler of the Universe, in whose hands are the destinies of government, and of men, I enter upon the discharge of the high duties which have been assigned me by the people. By the amended constitution of Tennessee, provision was made for such works of internal improvement as the geographical position of the state rendered necessary ; and in his first regular message, delivered to the two houses of the General Assembly on the 22d of October, 1839, Governor Polk advised the " vigorous prosecution of a judicious system of improvements," and that " a board of public works, to be composed of two or more competent and scientific men, should be authorized, and their duties established by law." In the same message he recommended the revision of the laws prohibiting the practice of betting on elections, which, he says, " begets excitement and engenders strife ; and it but too often happens, that those who have stakes at hazard, become more interested to secure them, than by a dispassionate exercise of the right of sufirage, to se- cure the public good." Of unwise or irresponsible issues of paper money, or paper credits intended for circulation as money, he was always jealous ; and in his second regular message to" the legislature, in 1841, he advised " a revision of the Laws prohibiting the issuance of change tickets or small paper bills, by individuals and corporations other than banks," for the reason, as stated by him, that " some of ItR JAMES KNOX POLK. [1841-43. tlia internal improvement companies in v/liich the statj was a copartner," had issued " small paper bills in the form of scrip or checks, and put them into circulation as money, Avitliout any specie basis upon which to rest, and without authority of law." The administration of the state government by Mr. Poik was satisfactory to the public, and his course as chief magistrate was well calculated to harmonize the party of which, by the death of his old friend and pre- ceptor, Mr. Grundy, in 1840, he had become the ac- knowledo-ed head. He did not have occasion, while fill- iiig tlie office of governor, to endorse' any of the great principles of the democratic party, except in his inaugural address ; nor were any important measures of state poli- cy adopted under his particular auspices. ■ Unlike the executives of other states, the Governor of Tennessee possesses no veto power ; neither has he the authority to commute the punishment of capital offend- ers to imprisonment for life. The cares and responsi- bilities of the executive are therefore comparatively light ; and as the legislature meets only once in two years, the duties are much less laborious than where the laws to be executed are constantly being changed or repealed. The term of office of Mr. Polk expired in October^ 1841, but at the August election of that year, he was again a candidate. His prospects of defeat could hardly be considered doubtful ; inasmuch as the Avhirlwind, which had prostrated the democratic party in 1840 throughout the Union', had swept over the State of Tennessee Avith irresistible force. The Harrison electoral ticket had succeeded by more tuan twelve thousand majority. To 1841-43. j CANDIDATE FOR RE-ELECTION. 117 overcome this heavy vote was impossible ; but Mr. Polk entered upon the canvass with his accustomed spirit and energy. His competitor was James C. Jones, a most ef- fectivt^ speaker, and decidedly the most popular man at that ti)ne in the whig party of the state. Personal good feeling on the part of the opposing can- didates characterized this contest, as it had that of 1839. Mr. Polk frankly and cordially met Mr. Jones on the stump and travelled in company with him ; and, it is said, they slept in the same bed on one occasion. But all the efforts of Mr. Polk proved untivailing. The poli- tics of the state were for the time firmly fixed in oppo- sition to his own. He was defeated, but in his defeat achieved a triuinpli, by the reduction of the whig ma- jority to about three thousand. In 1843 he was ance more a candidate in opposition to Governor Jones, but the latter was reelected by nearly four thousand majority. CHAPTER VII, rivsidontial Canvass of 1S44— The Toxiis Quostiou— Letter of Sir. Polk to the Citizens of Cinoinuatti— The Baltimore Convention — Nomination of Hr. Polk — His Aceoptauce — Resolutions of the Convention — The Elec- tion — Reception at Nashville— Journey of the President Elect to Wash- ihgtou — His Inauguration — Address. C^N leaving the oxocutivo chair of Toiinessoo, ]\Ir. Polk rotuniod, without a sinii;lo nuinmu* or fooling of regret, to private life. Its peace ami tranquillity, its happiness and content, its calm and sweet pleasures, were congenial to Lis disposition and his tastes. Fortune had not sho\7ered wealth upon him with a lavish hand ; nor had he ever taken advantage of the frequent opportunities presented to him, to enrich himself by speculation. Fes- lina Icntc — ''' make haste slbwW" — was his motto in the studies and pursuits of his youth, and in the occupatwns of maturer years. He possessed a competence — all that "he needed or desired — which enabled him to be liberal in the bestowment of his charities, and to dispense a gener- ous hospitality to his numerous friends. And more than all, and above all, there dwelt by his fireside a minister- ing angel, whoso virtues and graces made his home a paradise of joys. But a politician, like a revolution, can rarely go back- ward. As a combatant who entered the lists at the Olympian Games could not retire without dishonor, so 1844.] PRESIDENTIAL CANVASS. 119 he who has long been before the people as a candidate for their suffrages, and been elevated by them to posi- tions of distinction, is not often permitted to withdraw himself voluntarily from the political arena. The claims of party friends upon the leader whom they have sup- ported are always strong, and generally irresistible. Mr. Polk was not without ambition ; but he preferred hence- forth to rely upon others to secure his advancement, if they desired so to do, and contented himself with being in the main a passive instrument in their hands. In 1841 and 1843, he came forward as a candidate for gov- ernor, only in compliance with the general desire of his party. The wishes and expectations of his fr-iends were early fixed on .the presidential office. At the session of the Tennessee legislatarc in 1839, lie was nominated bv that body for the vice-presidency, to be placed on the ticket with Mr. Van Buren, a:;d with tac expectation, no doubt, that he might succeed tliat gentleman in the higher office. He was afterward nomiiiatcd in other states for the same position ; but as Colonel Johnson seemed to be the choice of the great body of the republican party in the Union, no efforts of importance were made by the friends of the former, and at the cloctioa in 1840 he received but one electoral vote, in the college of Virginia. From the time of tlie defe'at of Mr. Van Buren, in 1840, up to within a few weeks previous to the assem- bling of the national democratic convention at Baltimore, in May, 1844, public opinion in the republican party seemed to be firmly fixed upon him as their candidate for reelection to the station which lie liad once filled. But 120 JAMES KNOX POLK. [1844. in the month of April, 1844, a treaty was concluded under the auspices of President Tyler, between the rep- resentatives of- the government of the United States and of the republic of Texas, providing for the annexation* of the latter to the American Confederacy. This meas- ure, though long in contemplation, like the apple of dis- cord, was fruitful in strife and dissension. Hitherto it had been conceded on every hand, that Air. Van Buren and Mr. Clay ought to be, and would be, the rival candi- dates for the presidenc;^ in 1844 ; but now the political elements were thrown into complete confusion. The opinions of almost every public man in the United States were inquired after ; and among otliers, Rlr. Polk Avas addressed, it being undei'stood that he would be a promi- nent candidate at the Baltimore Convention for the re publican nomination for vicL'-president. At a meeting of citizens of Cincinnati opposi'd t) the annexation, held on the 29th of March, a coniniittce was appointed to cor- respond with the prominent men of both political parties, and to solicit from them an expression of their views upon the Texas question. From this committee Mr. Polk re- ceived a letter, accompanying a cop}^ of the proceedings of the meeting at Cinciimati, to which he returned the fol lowing repl_y :-^ CoLUMHiA, Tennessee, April 22, 1844. Gentlemen . — Your letter of the oOth ult., which you have done me the honor to address to me, reached my residence during my absence from home, and was not re- * The term rmnnexatian was frequentlj' used during the canvass, as sy- nonj'mous with annexation ; bcc-ause Texas o:-';rinally fi>rine>l part of the Louisiana purchilsc, and bolong^'d to the Uuitcd States. 1844.] LETTER ON ANNEXATION. 121 ceived until yesterday. Accompanying your letter you transmit to me, as you state, "a copy of the proceedings of a very large meeting of the citizens of Cincinnati, as- sembled on the 29th ult., to express their settled opposi- tion to the annexation of Texas to the United States." You request from me an explicit expression of opinion upon this question of annexation. Having at no time entertained opinions upon public subjects ^vhich I was unwilling to avow, it gives me pleasure to comply with the request. I have no hesitation in declaring, that I am in favor of the immediate reiimiexation of Texas to the territory and government of the United States. I entertain no doubts as to the power or expediency of the reannexation. The proof is fair and satisfactory to my own mind, that Texas once constituted a part of the ter- ritory of the United States., the title to which I regard to have been indisputable as that to any portion of our ter- ritory. At the time the negotiation was opened with a view to acquire the Floridas, and the settlement of other questions, and pending that negotiation, the Spanish Gov- ernment itself was satisfied of the validity of our title, and was ready to recognize a line far west of the Sabine as the true western boundary of Louisiana, as defined by the treaty of 1803 with France, under which Louisiana was acquired. This negotiation, which had at first opened at Madrid, was broken off and transferred to Washington, where it was resumed, and resulted in the treaty with Florida, by which the Sabine was fixed on as the western boundary of Louisiana. From the ratifica- tion of the treaty of 1803 with France, until the treaty of 1819, with Spain, the territory now constituting the Re- 6 122 JAMES KNOX POLK. [1844 public of Texas, belonged to the United States. In 1819 the Florida treaty was concluded at Washington, hj Mr. John Q. Adams, (the Secretary of State,) on the part of the United States, and Don Luis de Onis on the part of Spain ; and by that treaty this territory lying west of the Sabine, and constituting Texas, was ceded by the United States to Spain. The Rio del Norte, or some more west- ern boundary than the Sabine, could have been obtained, had it been insisted on by the American Secretary of State, and by increasing the consideration paid for the Floridas. In my judgment, the country west of the Sa- bine, and now called Texas, was most unwisely ceded away. It is a part of the great valley of the Mississippi, directly connected by its navigable waters with the Mis- sissippi river : and having once been a part of our Union, it should never have been dismembered from it. The Government and people of Texas, it is understood, not only give their consent, but are anxiously desirous to be reunited to the United States. If the application of Texas for a reunion and admission into our Confederacy, shall be rejected by the United States, there is imminent danger that she will become a dependency if not a colony of Great Britain — an event which no American patriot, anxious for the safety and prosperity of this country, could permit to occur without the most strenuous resist- ance. Let Texas be reannexed, and the authority and laws of the United States be established and maintained tvithin her limits, as also in the Oregon Territory, and let the fixed policy of our Government be, not to permit Great Britain or any other foreign power to plant a col j)ny or hold dominion over any portion of the people oi territory of either. 1844.] THE TEXAS QUESTION. 123 These are my opinions ; and without deeming it neces- sary to extend this letter, by assigning the many reasons Avhich influence me in the conclusions to which I come, I regret to be compelled to differ so widely from the views expressed by yourselves, and the meeting of citizens of Cincinnati whom you represent. Differing, however, with you and with them as I do, it was due to frankness that I should be thus explicit in the declaration of my opinions. I am, with great respect. Your obedient servant, James K. Polk. To Messrs. S. P. Chase, Thomas Heaton, &c., &c., Committee, Ciucinnati. Mr. Polk concurred in the opinion entertained, and expressed on various occasions, by the most distinguished statesmen and diplomatists of the United States — by Jefferson, Madison, Monroe, Livingston, Clay, Adams, , Jackson, and Van Buren — that Texas formed part of Louisiana, and was included in the territory ceded to the American government by France in 1803. La Salle, a Frenchman, was the first white man that descended the Mississippi river to its mouth, and " the first to display the lily of France to the winds df that imperial valley." The first white colony, too, planted in Texas, was estab- lished by the French, under La Salle, on the bay of St. Bernard, or Matagorda, in the year 1685.* The Span- iards, indeed, claimed that the country formed part of the conquest of Cortes, and in 1690 they drove out the * Marbois' History of Louisiana, p. 107. 124 JAMES KNOX POLK. [1844 French colony, and made their first permanent settlement at San Francisco ; but the French always insisted upon their prior right of discovery, and the early Spanish ge- ographers seemed more than half disposed to concede it.*" Texas "was included in the grant made by Louis XIV. to Crozat, Marquis du Chatel, in 1712. f It was suj^se- quently ceded to Spain, in 17G1, and in 1800 retroceded to France, as a part of Louisiana, by the treaty of San Ildefonso. Such, at least, Avas the understanding of the French government, and of the American plenipotentia- ries, J; when the treaty of 1803 was concluded, by which the United States acquired all " the rights and appurte- nances " belonging to France under or by virtue of the treaty of San Jldefonso.§ The Spanish government, with the tenacity peculiar to their national character, still urged their claims, and were desirous of limiting the United States to the valley of the Mississippi proper. A protracted negotiation ensued between them and Spain. « The latter was inclined to surrender all her pretensions to the territory extending westward from the Mississippi to the Rio Grande ;|l but this was rendered unnecessary, • as the government of the United States consented to re- nounce its rights west of the Sabine river, in considera- tion of the cession of the Floridas, by the treaty of 1819.11 And, what is a remarkable feature in this ne- * Diccionario Geografico-Historico de las Indias Occidentales o Ame- rica, (Madrid, 1789,) v. " Louisiana." t 1 Laws, 439. I Marbois' History of Louisiana, p. 107, et seq. § Lyman's Diplomacy, vol. i, p. 399. II Expose of Hon. George W. Erving, American Minister to Spain. TT Elliott's Diplomatic Code, vol. i., p. 417. .1844.J HIS VIEWS. 125 gotiation, when the Spanish minister, Don Luis de Onis, who haci concluded the treaty on the part of his govern- ment, returned home, he boasted that he had obtained a , great advantage, by his superior tact and ability. The cession of Texas, or the renunciation of the Amer- ican claim, in 1819, was, in the opinion of Mr. Polk, most unwisely made ; and he heartily approved of the efforts of John Quincy Adams and Andrew Jackson, during their respective administrations, to recover the territory thus surrendered. He therefore favored the reiicquisition, or reannexation of Texas, when the meas- ure was first proposed. It was desirable, in his estima- tion, in a geographical point of view, because the territo- ry formed a most valuable part of the valley of the Mis- sissippi ; and highly important, in a military aspect, for the security of New Orleans, the great commercial mart in the southwestern part of the Union, which would be endangered, in time of war, by a hostile power being in such close proximity, and having the control of the upper waters of the Red river, by which it could be approach- ed, or seriously menaced, in the rear. There was but one question of doubt connected Avitli tlie proposition for the annexation of Texas ; and that.; was, in what manner, and to what extent, it would affect the relations of the United States with Mexico, already on a most unfriendly footing. But the difficulty which this question presented, was rather apparent than real. .Un- der the Spanish colonial government, Texas was a separ- ate and distinct province, having a separate and distinct local organization ; and it remained in that condition un- til its temporary union with Coahuila, with which it formed the '_', State of Coahuila j Tejas." 126 JAMES KNOX POLK. [1844. Texas " was one of the unities that composed the gen- eral mass of the nation, and as such participate! in the war of the Revolution, and was represented in the Con- stituent Congress of Mexico that formed the constitution ' of 1824. This Constituent Congress, so far from de- stroying this unity, expressly recognized and confirmed it, by the law of May 7th, 1824, which united Texas Avith Coahuila provisionally, under the especial guarantee of being made a state of the Mexican confederation as soon as it possessed the necessary elements. That law and the federal constitution gave to Texas a specific political existence, and vested in its inhabitants special and defined rights, which can only be relinquished by the people of Texas acting for themselves as a unit}'- and not as a part of Coahuila, for the , reason that the union with Coahuila was limited, and only gave power to the state of Coahuila and Texas to govern Texas for the time being, hut al- ways subject to the vested rights of Texas. The state, therefore, cannot relinquish those vested rights, by agree- ing to the change of government, or by any other act, unless expressly authorized by the people of Texas to do so ; neither can the general government of Mexico legally deprive Texas of them without the consent of this peo- ple."* Under the constitution of Coahuila and Texas, also, the latter was absolutely " free and independent of the other united Mexican States. "f The history of the revolution in Texas must be familiar to every American reader, and it is therefore unnecessary * Speech of Colonel Austin, quoted in Foole's Texas and the Texans, vol. ii., J). 62. t Kennedy's Texas, vol. ii.,p. 444. 1844.] . REVOLUTION IN TEXAS. 127 to present here thg details of that memorable struggle. In 1833, the people of Texas adopted a state constitu- tion, and in accordance with the guarantee of 1824, ap plied for admission into the Mexican confederacy as a separate state. The request was denied, by the authori- ties of the general government of Mexico, and that under circumstances, and in a manner, which reflected lasting disgrace upoii them. Two years later the confederacy was dissolved, and a consolidated government established in its stead, in October, 1835, \ij the dictator Santa Anna. The confederation being broken, each one of its members was from that moment absolved from all alle- giance to the central authority. Availing herself of her indisputable right and^rivilege, Texas promptly refused to acquiesce in the new order of things, and by a solemn decree proclaimed her independence of the central gov- ernment of Mexico.* This declaration was maintained by force of arms ; . and on the 21st of April, 1836, the last considerable army ever sent by Mexico to subjugate Texas, was completely vanquished and overthrown, on the banks of the San Jacinto. From this time forth, the efforts of Mexico to reduce Texas to submission to her power and authority, were confined, to border forays and predatory incursions, in which acts of wanton cruelty and injustice, unworthy of a civilized nation, were committed by the officers of her armies. Yet they found it utterly impossible to obtain undisturbed possession of any portion of the territory north of the Rio Grande, which Texas now claimed to be her southern and western boundary, and below the moun- * Kennedy's Texas, vol. ii, pp. 61, 89, 111. 128 JAMES KNOX POLK. [1844, ta incus barriers at El Paso ; and each year that rolled bj, only served to demonstrate more clearly, the inability of Mexico to subdue the people of Texas. The independence which Texas had achieved, was ac- knowledged by the government of the United States, in March, 1837, and shortly afterward, by England, France, Holland, and Belgium. This acknowledgment only admitted that Texas was de facto independent, and left the question, whether or no she was a de jure gov- ernment, to be determined by subsequent events. But after six years had passed without any serious efforts laving been made by Mexico to conquer Texas, the American Secretary of State instructed the representa- ,ive of his government in the former country, that the United States regarded Texas as an independent state, equally with Mexico, and as forming " no part of the territory of Mexico." " From the time," said the dis- patch, " of the battle of San Jacinto, in April, 1836, to the present moment, Texas has exhibited the same exter- nal signs of national independence as Mexico herself, and with quite as much stability of government. Practically free and independent, acknowledged as a political sov- ereignty by the principal powers of the world, no hostile foot finding rest within her territory for six or seven years, and Mexico herself refraining for all that period from any further attempt to reestablish her own authority over the territory."* This affirmation, authoritatively made by the American government, of the principle, that a revolted province, by maintaining a successful resistance to the authority * Dispatch of Mr. Webster, July 8, 1842. 1844.J RIGHTS OF MEXICO. 129 of the mother country — admitting that such was the re- lationship between Mexico and Texas, as was claimed by the former — for a period of six or seven years, acquired the right to be regarded, for all and every purpose, as an independent nation, was communicated to the Mexican authorities. A feeble and puerile effort was then made to subjugate Texas, but hke all former attempts, it ter- minated in disaster and disgrace. General Woll crossed the Rio Grande at three different times, in the fall of 1842, and succeeded in capturing a Texan court, jury, lawyer, witnesses, and a few spectators, whom he found in session at San Antonio de Bexar ; but when the alarm was given that the Texan troops Avere approaching, the marauding parties under his command fled across the Rio Grande, as if some avenging demon was upon their track. So ended the attempt of Mexico to extend her supreme authority over the soil and the people of Texas ; and in view of these historical facts, how can it be contended for a moment, that she had the least right to complain of the United States, for entering into negotiations for the ac- quisition of Texas, without reference to, or consultation with her 1 Whatever claims she might originally have had, her utter inability to maintain them was so palpable, that when she again announced her intention to enforce them, it excited the ridicule of all Christendom. Let it be conceded even, that Texas was a revolted state, and not a seceder from a confederacy which had been violent- ly ruptured by an usurper. She had defied the power of the mother country — she had achieved her independ- ence ; and the fact that she was so independent, had 6* 130 JAMES KNOX POLK. [1844. been duly acknowledged by most of the great powers of the world. Will it be argued, that Mexico should her- self have acknowledged that independence, and abandoned her claims 1 Centuries might have elapsed, — this might never have been done, — and yet not a single Mexican soldier dared to set his foot on the left bank of the Rio Grande for purposes of conquest. Was the author- ity of Cromwell during the Protectorate, or of the Em- pire under Napoleon, ever questioned, because the dy- nasties which they had overthrown had not acknowledged that authority '? William III. and Louis Philippe were at the head of revolutionary governments, but Avas the royal power ever gainsayed, because the Stuarts or the elder branch of the Bourbon family had not surrendered their claims 1 Who ever contended, tha4; the treaties concluded by Holland for half a century prior to the recognition of her independence by Spain, by the United States pre- vious to 1T83, or by the South American States before they were acknowledged to be independent by the mother countries, were void and of no effect 1 Did Mexico, in- deed, entertain any scruples when she entered into a treaty with the United States, regulating the boundaries of her territory, in the year 1828, and long before Spain recognized her independence 1 It was not only desirable that Texas should be annexed, in the opinion of Mr. Polk, but he thought it should be done immediately, for these reasons : While the treaty of 1844 was under consideration in the Senate of the United States, all the official correspondence between the representatives of the two governments was most un- advisedly made public ; and from this it appeared, that 1844.] DESIGNS OF ENGLAND. 131 the protracted war in which Texas had been engaged, had completely exhausted her resources. It was to be appre- hended, therefore, if her overtures for annexation should be rejected — as had previously been the case, on several occasions, when she applied for admission into the Ameri- can Union — that the fear lest the unwise disclosure of her weakness would invite fresh hostilities on the part of Mexi- co, which she was not in a condition to resist, would induce her to seek a permanent alliance with some foreign power. England had for years cast a longing eye upon Texas, and she had refused to unite with France and the United States, in a joint effort to procure the recognition of the independence of the young republic by Mexico. From the extensive forests of live oak that dotted the surface of Texas, she hoped to procure an abundance of ship timber for the uses of her navy, and from its rich interval lands and wide-spreading prairies, an inexhaustible sup- ply of cotton for her manufactories. For the latter she had long been dependent on the United States, and she desired to be freed from that condition of dependence. She attempted to raise cotton in Egypt, in Demerara, and in India, but her schemes entirely failed ; and as a last re- sort she turned her attention toward Texas. A commer- cial treaty was formed with her, soon after her independ- ence was acknowledged by the United States, under the operation of which the exports of the latter to Texas fell off over three-fourths within the short space of three years. It may be doubted, whether England desired to bring Texas under her sway as a colony, but that she designed to make her a commercial dependency . is apparent. • 132 JAxMES KNOX POLK. [1844. Moreover, the British government, through her speak- ers on the floor of Parliament,* and the dispatches and official correspondence of her ministers,! avowed a desire to procure the abolition of domestic slavery in Texas. The object which she had in view was obvious ; and the safety and tranquillity of the Southern States of the Union demanded that her emissaries should not be suffered to carry out their schemes, and that her authority should not be felt or acknowledged, in a territory lying close upon their borders. When the Texas question was presented in this man- ner to the American people, public men, and the parties to which -they belonged, arrayed themselves upon one side or the other. Tlie whig party at the north oppos- ed the annexation, because, as they alleged, it would be an act of bad faith toward Mexico ; because the debt of Texas, said to amount to ten or twelve millions of dollars, was to be assumed by the United States ; and because tliey were opposed to the extension or increase of the slave territory. At the south, the whigs were divided ; one portion of them advocating the annexation, and the other portion concurring with their party friends at the -north upon the first two grounds of objection. The dem- ;,ocratic party generally favored the annexation ; but a -portion of the party at the north, and a few of its mem- ..bers residing in the slave states, opposed it — some for all the reasons put forth by the whigs, but the greater number on account of the position of Texas with refer- * Conversation between Lord Brougliam and Lord Aberdeen, in the House of Lords.— London Morning Chronicle, Augast 19, 1843. t Senate Doc. 341, 1st Session, 28ttf Congress, p. 27, et seq. 1844.] THE BALflMORE CONVENTION. 133 ence to Mexico. Mr. Van Buren and Mr. Clay agreed very nearly in their opinions. Botli expressed themselves in favor of the acquisition of Texas, if the American people desired it, provided, however, that ihe consent of Mexico should be obtained, or, at least, that efforts should be made to procure it ; and neither of them objected to the annexation on account of the slavery question collat- erally connected witli it.* In the midst of the commotion produced by the agita- tion of the Texas question, the national democratic con- vention assembled at Baltimore, on the 27th clay of May, 1844. Until the publication of his Texas letter, Mr. Van Buren had been by far the most prominent candi- date ; but when the Convention met, Lewis Cass, of Michigan, Richard M. Johnson, of Kentucky, James Buchanan, of Pennsylvania, arid Levi Woodbury, of New Hampshire, all of whom were in favor of the immediate annexation of Texas, v/ere supported for the presidential nomination by their respective friends, with greater or less earnestness. Immediately after the organization of the Convention, a rule was adopted, in accordance with the precedents established by the conventions of 1832 and 1835, requiring a vote of two-thirds to secure a nomina- tion. Mr. Van Buren received a majority of. the votes on the first ballot ; seven additional ballotings were then had, but at no time did he receive a vote of two-thirds ;. whereupon his name was withdrawn by the New York delegation. The delegates opposed to his nomination,' after the first ballot, concentrated their strength mainly * Letter of Mr. Van Buren to Mr. Hammett, April 20th, 18-14.— Letter ,of Mr. Clay from Raleigh ; to Mr. Miller, July 1st, 1844 ; to Messrs. Pe- ters and .Tackpoii. July 27, 1844. 134r JAMES KNOX FOLK. [1844. upon Mr- Cass ; but as the friends of Mr. Van Buren numbered more than one-third of the Convention, and were irreconcilably hostile to the selection of any of the other candidates originally proposed, it was apparent that no nomination could be made without their consent. The name of Mr. Polk had been freely spoken of in connection with the vice-presidency, and when the con- vention found itself in this dilemma, a number of his friends amon;ey Hubbaed, Wm. H. Roane, &c., &o. 136 JAMES KNOX POLK. - [1844. Prior to its adjournment, the Baltimore Convention adopted a series of resolutions, setting forth the princi- ples that distinguished them as a party. By the accept- ance of their nomination, Mr. Polk signified his approba tion of those resolutions, and they are therefore inserted here : RESOLUTIOXS OF THE BALTIMORE CONVEXTIOX. Resolved, That the American Democracy place their trust, not in factitious symbols, not in displays and appeals insult- in'o- to the judgments and subversive of the intellect of the people, but in a clear reliance upon the intelligence, the pat- liotism, and the discriminating justice of the American masses. Resolved, That Ave regard this as a distinctive feature oi our political creed, Avhich we are proud to maintain before the Avorld as the great moral element in a form of govern- ment springing from and upheld by the popular Avill ; Ave contrast it Avith the creed and practice of Federalism, under AAdiatever name or form, Avhich seeks to palsy the Avill of the constituent, and Avhich conceives no imposture tt>o raoastrous for the popular credulity. Resolved, therefore, That, entertaining these vifcA's, the Democratic party of this Union, through tlieir delegates as- sembled in a general convention of the States, ci>raing to- o-ether in a spirit of concord, of devotion to the doccrines and faith of a free representative government, and appealing to their felloAv-citizens for the rectitude of their intentions, renOAV and reassert before the American people, the declaration of principles avoAved by them, Avhen on a former occasion, in general convention, they presented their candidates for the popular suffrages : 1. That the Federal Government is one of limited powers, derived solely from the Constitution, and the grants of power shoAvn therein, ought to be strictly construed by all the de- 1844. J RESOLUTIONS OF THE CONVENTION. 13Y ■ partments and agents of the government, and that it is inex- pedient and dangerous to exercise doubtful constitutional powers, 2. That the Constitution does not confer upon the General Government the power to commence and carry on a general system of internal improvement. 3. That the Constitution does not confer authority upon the Federal Government, directly or indirectly, to assume the debts of the several States, contracted for local internal im- provements, or otlwr State purposes; nor would such as- sumption be just and expedient. 4. That justice and sound policy forbid the Federal Gov- ernment to foster one branch of industry to the detriment of another, or to cherish the interests of one portion to the inju- ry of another portion of our common country — that ever}^ citizen, and every section of tlic country, has a right to de- mand and insist upon an equality of riglits and privileges, and a complete and ample protection of persons and property from domestic violence or foreign aggression. 5. That it is the duty of every branch of the government to enforce and practice the most rigid economy in conducting our public affairs, and that no more revenue ought to be raised than is required to defray the necessary expenses of the government. 6. That Congi'ess has no power to charter a National Bank ; that we believe such an institution one of deadly hos- tility to the best interests of the country, dangerous to our Republican institutions and the liberties of the people, and calculated to place the business of the country within tlie control of a concentrated money power, and above the laws and the will of the people. 7. That Congress has no power under the Constitution, to interfere with or control the domestic institutions of the sev- eral States, and that such States are the sole and proper judges of everything appertaining to their own affairs, not prohibited by the Constitution ; that all efforts of the Abo- 138 JAMES KNOX POLK. [1844 litionists or others, made to induce Congress to interfere with the question of slavery, or to take incipient steps in relation thereto, are calculated to lead to the most alarming and dan- gerous consequences, and that all such efforts have an inevi- table tendency to diminish the happiness of the people, and endanger the stability and permanency of the Union, and ought not to be countenanced by any friend to our political institutions. 8. That the separation of the moneys of the Government from banking institutions, is indispensable for the safety of the funds of the Government, and the rights of the people. 9. That the liberal principles embodied by Jefferson in the Declaration of Independence, and sanctioned in the Consti- tution, which makes ours the land of Liberty, and the usjlum of the oppressed of every nation, have ever been cardinal principles in the democratic faith ; and every attempt to abridge the present privilege of becoming citizens and the owners of soil among us, ought to be resisted with the same spirit which swept the alien and sedition laws from our stat- ute book. Resolved, That the proceeds of the public lands ought to be sacredly applied to the national objects specified in tiie Constitution ; and that we are opposed to the law lately adopted, and to any law for the distribution of such proceeds . among the States, as alike inexpedient in policy and repug- nant to the Constitution. Resolved, That we are decidedly opposed to taking from the President the qualified Veto power, by which he is enabled, under restrictions and responsibilities, amply suffi- cient to guard the public interest, to suspend the passage of a bill, whose merits cannot secure the approval of two-thirds of the Senate and House of Representatives, until the judg- ment of the people can be obtained thereon, and which has thrice saved the American people from the corrupt and tyran- nical domination of a Bank of the United States. Resolved, That our title to the whole of the Territory of 1844. J THE ELECTION. 139 Oregon is clear and unquestionable ; that no portion of the same ought to be ceded to England or any other power ; that the reoccupation of Oregon and the reannexation of Texas at the earliest practicable period/ are great American measures, v/hich this Convention recommends to the cordial support of the Democracy of the Union. The candidates selected bj tlie whig party, in opposi- tion to the democratic nominees, were Henry Clay, of Kentucky, for president, and Theodore Frelinghiiysen, of New Jersey, for vice-president. Mr. Tyler, the then president, was also put in nomination for the presidency, by a convention of his friends, but ho subsequently with- drew his name and gave his support to the democratic ticket. The nomination of Mr. Polk was not only well re- ceived ; a spirit of enthusiasm, that could not fail to tri- umph, was instantly aroused in his favor. As General Jackson had received the appellation of " Old Hickory," so that of " Young Hickory " was applied to Mr. Polk, who resembled his distinguished friend of the Hermitage in his firmness and independence of character. The election was conducted with great spirit and animation. Mr. Van Buren and Mr. Cass, with the other candi- dates before the national convention, and their friends, cordially supported the ticket. Mass meetings were held in every county, and processions, with music and ban- ners, were daily seen traversing the roads and by-ways of the interior,. or threading the crowded thoroughfares of our large towns and cities. It had been usual to subject the private character of candidates to a scathing ordeal. This is one of the evils, 140 JAMES KXOX POLK. [1844. among the many advantages, of our system of elections. But the purity of Mr. Polk's life disarmed scandal of her weapons. In this respect he was unassailed and unas- sailable. This political contest, however, was not all show and display. There were great and important principles at stake, and they were in general frankly avowed, and fairly and honorably discussed. On the one side, the whigs sup- ported as their candidate, the father and champion of the American sx'stem ; they were committed in favor of a national bank, a protective tariff, the distribution of the proceeds of the public lands, and an extensive system of internal improvements ; and they opposed the annexa- tion of Texas. On the other hand, Mr. Polk had signal- ized the commencement of his public career, by his oppo- sition to the system of measures 'advocated by Mr. Clay ; and the democratic party were opposed to the incorpora- tion of a national bank, to the distribution of the proceeds of the public lands, and to the prosecution b}' the general government of an extensive system of internal improve- ments ; they were in favor of the annexation of Texas, and of a tariff in which revenue should be the primary, and protection the secondary feature. Individual excep- tions there were to this general statement in regard to the political complexion of the two great parties, — as various shades of opinion are always found in such organizations, but they were comparatively few. In Tennessee the election was exceedingly close. I\Ir. Polk gained largely upon the democratic vote in 1840 ; his majority was over seven hundred in ]\Iaury county, being three hundred more than at the gubernatorial elec- 1844.] RECEPTION AT NASHVILLE. 141 tion of the previous year ; but the Clay electoral ticket succeeded in the state by the diminutive majority of one hundred and twenty-four. In the electoral colleges, Mr. Polk received one hundred and seventy votes, and Mr. Clay one hundred and five.* The majority of Mr. Polk over his distinguished competitor, on the popular vote, was about forty thousand, exclusive of the vote of South Carolina, whose electors are chosen by the state legisla- ture. The total vote was a little less than two million seven hundred thousand. On the 28th of November — the result of the election beino; then known — ]\Ir. Polk visited Nashville, and was honored with a public reception by his democratic friends, together with a number of their opponents in the late contest, Avho cheerfully united with them in paying due honors to the President elect of the people's choice. A brilliant civic and military procession escorted him to the public square in front of the Court-house, where he was addressed by the Hon. A. O. P. Nicholson, on behalf of the large assembly, that had collected to welcome him to the seat of government. To the address of Mr, Nich- olson, congratulating him -on his success, and assuring him of the high respect and admiration entertained for his intellectual capacity and his private virtues by the people of Tennessee, to whom he had been so long en- deared, Mr. Polk returned the following reply, not more * INIr. Polk received the electoral votes of ]\Iaine, Xew Hampshire, New York, Pennsylvania, Virginia, South Carolina, Georgia, Alabama, Mis- sissippi, Louisiana, Michigan, Indiana, Illinois, Missouri, and Arkansas; and Mr. Clay those of Vermont, IMassachusetts, Rhode Island, Connecti- cut, Xew Jersey, Delaware, Maryland, North Carolina, Tennessee, Ken- tucky, and Ohio. 142 JAMES KNOX POLK. [1844. honorable to his talents than to his kindness and generos- ity of heart : " I return to you, sir, and to my fellow-citizens, whose organ you are, my sincere and unfeigned thanks for this man- ifestation of the popular regard and confidence, and for the congratulations Avhich you have been pleased to express to me, upon the tennination and result of the late political con- test. I am fully sensible, that these congratulations are not, and cannot be personal to myself. It is the eminent success of our common principles which has spread such general joy over the land. The political struggle through Avhich the country has just passed has been deeply exciting. Extraor- dinary causes have existed to make it so. It has terminated — it is now over — and I sincerely hope and believe, has been decided by the sober and settled judgment of the American people. " In exchanging mutual congratulations with each othev tipon the result of the late election, the Democratic party should remember, in calmly reviewing the contest, that the portion of our fellow-citizens Avho have differed with us in opinion have equal political rights with ourselves ; that mi- norities as well as majorities are entitled to the full and free exeixise of all their opinions and judgments, and that the rio-hts of all, whether of minorities or majorities, as such, are entitled to equal respect and regard. " In rejoicing, therefore, over the success of the Demo- cratic party, and of their principles, in the late election, it should be in no spirit of exultation over the defeat of our op- ponents ; but it should be because, as we honestly believe, our principles and policy are better calculated than theirs to promote the true interests of the whole country. " In the political position in which I have been placed, by the voluntary and unsought suffrages of my fellow-citizens, it will become my duty, as it will be my pleasure, faithfully and 1845. j JOURNLY TO WASHINGTON. 143 truly to represent, in the Executive department of the gov- ernment, the principles and policy of the great party of the country who have elected me to it ; but at the same time, it is proper to declare, that I shall not regard myself as the renresentative of a party only, but of the whole people of the United States.; and, I trust, that the future pohcy of the government may be such, as to secure the happiness and prosperity of all, without distinction of party." In the evening of the 23th, a number of public and pri- vate houses were illuminated. Hilarity and glee pre- vailed on every hand ; joy sparkled in every eye and beamed on every countenance ; and the festivities of the day were protracted till a late hour. Mr. Polk left his home in Tennessee, on his way to Washington, toward the latter part of January, 1845. He was accompanied on his journey by Mrs. Polk, and several personal friends. On the 31st instant, he had a long private interview at the Hermitage, with his vener- ble^'friend, Andrew Jackson. The leave-taking was af- fectionate and impressive, for each felt conscious, that, in all probability, it was a farewell forever. It was the son, in the pride of manhood, going forth to fulfil his high destiny, from the threshold of his political godfa- ther, whose trembling Jips, palsied with the touch of age, could scarce invoke the benediction which his heart would prompt. Ere another harvest moon shed its holy lip-ht upon a spot hal]o^Yed by so many memories and as- sociations, the " hero of New Orleans " and the " de- fender of the Constitution " slept that sleep which knows no waking. A few years passed,— and he to whom that parting blessing luid been given, with so fair and bright 144 JAMES KNOX POLK. [1845. a promise of a long life before him, had also joined the assembly of the dead. Truly, the realities of History are sometimes stranger far than the wildest creations of Fiction ! On the 1st of February, Mr. Polk and suite left Nash- ville, and proceeded as rapidly as possible, considering the demonstrations of respect with which he was every- where received on his route, to the seat of government of the nation. For all who approached him — whatever might be the condition in life or occupation, the appear- ance or dress, of the individual — he had a kind word and friendly greeting. When the steamboat, on which he proceeded up the Ohio river, stopped at JeflFersonville, Indiana, " a plain-looking man came on board," said a passenger on thf steamer, "who, from the soiled and coarse condition of his dress, seemed just to have left the plough handles, or spade, in the field. He pressed for- ward through tlie saloon of the boat, to where the Presi- dent was standing, in conversation Avith a circle of gen- tlemen, through which he thrust himself, making directly for the President, and offering his hand, which was re- ceived with cordial good will. Says the farmer, * How do you do, Colonel 7 I am glad to see you. I am a strong democrat, and did all I could for you. I am the father of twenty-six children, who were all for Polk^ Dallas^ and Texas .'^ Colonel Polk responded with a- smile, saying, he was 'happy to make his acquaintance, fe'eling assured that he deserved well of his country', if for no other reason than because he Avas the father of so large a republican family." The President elect with his party arrived at Wash- 1845.J HIS INAUGURATION. 145 mgton on the loth of February, and was immediately waited upon by a Committee of the two Houses of Con- gress, who informed him that the returns from the electo- ral colleges had been opened, and the ballots counted, on the previous day ; and that he had been declared duly elected President of the United States. He thereupon signified his acceptance of the office to which he had been chosen by the people, and desired the Committee to con- vey to Congress his assurances, that " in executing the responsible duties which would devolve upon him, it would be his anxious desire to maintain the honor an,d promote the welfare of the country." , On the 4th day of March, 1845, IMr. Polk was inau- gurated President of the United States. An immense concourse of people assembled ^at Washington — every quarter of the Union bcmg well represented — to witness the imposing ceremony. The morning was wet and low- ery ; but the spirits of the spectators were proof against the unfavorable influences of the weather. All parties joined in the appropriate observance of the day, and the national standard floated proudly from the flag-staffs of both democrats and whigs. About eleven o'clock in the forenoon, the procession moved from the quarters of the President elect, at Cole- man's Hotel — Mr. Polk and his predecessor, Mr. Tyler, riding together in an open carriage. Arrived at the cap- itol, the President elect and the ex-president entered the Senate Chamber. Here a procession was formed, when they proceeded to the platform on the east front of the capitol, from which Mr. Polk delivered his inaugural ad- dress : 146 JAMES KNOX POLK. [1845. INAUGURAL ADDRESS. Fellow-Citizens : — Without solicitation on my part, I have been chosen by the free and voluntary suffrages of my coun- trymen to the most honorable and most responsible office on earth. I am deeply impressed with gratitude for the confi- dence reposed in me. Honored Avitli this distinguished con- sideration at an earlier period of life than any of my prede- cessors, I cannot disguise the diffidence with which I am about to enter on the discharge of my official duties. If the more aged and experienced men who have filled the office of President of the United States, even in the infancy of the Republic, distrusted their ability to discharge the du- ties of that exalted station, what ought not to be the appre- hensions of one so much younger and less endowed, now that our domain extends from ocean to ocean, that our people have so greatly increased in numbers, and at a time when so great diversity of opinion prevails in regard to the principles and policy Avhich should characterize the administration of our Government ? AVell may the boldest fear, and the wisest tremble, when incurring responsibilities on which may depend our country's peace and prosperity, and, in some degree, the hopes and happiness of the wliole human family. In assuming responsibilities so vast, I fervently invoke the aid of the Almighty Ruler of the Universe, in whose hands are the destinies of nations and of men, to guard this heaven- favored land against the mischiefs which, without His gui- dance, mifht arise from an unwise public policy. Witli a firm reliance upon the wisdom of Omnipotence to sustain and direct me in the path of duty which I am appointed to pur- sue, I stand in the presence of the assembled multitude of my countiymen, to take upon myself the solemn obligation, " to the best of my ability, to preserve, to protect, and defend the Constitution of the United States." 1845. 1 INAUGURAL ADDRESS. 147 A concise enumeration of the principles which will guide me in the administration pohcy of the government, is not only in accordance with the examples set me by all my predeces- sors, but is eminently befitting the occasion. The Constitution itself, plainly written as it is, the safe- guard of our federative compact, the offspring of conces- sion and compromise, binding together in the bonds of peace and union this great and increasing family of free and inde- pendent States, will be the chart by which I shall be di- rected. It will be my first care to administer the government in the true spirit of that instrument, and to assume no powers not expressly granted or clearly implied in its terms. The government of the United States is one of delegated and limited powers, and it is by a strict adherence to the clearly granted powers, and by abstaining from the exercise of doubt- ful or unauthorized implied powers, that we have the only sure guaranty against the recurrence of those unfortunate collisions between the Federal and State authorities, which have occasionally so much disturbed the harmony of our system, and even threatened the perpetuity of our glorious Union. " To the States respectively, or to the people," have been reserved " the powers not delegated to the United States by the constitution, nor prohibited by it to the States." Each State is a complete sovereignty within the sphere of its re- served powers. The government of the Union, acting within the sphere of its delegated authority, is also a complete sov- ereignty. While the general government should abstain from the exercise of authority not clearly delegated to it, the States should be equally careful that, in the maintenance of their rights, they do not overstep the limits of powers reserved to them. One of the most distinguished of my predecessors at- tached desei-ved importance to "the support of the State governments in all their rights, as the most competent ad- 148 JAMES KNOX POLK. [1845- ministration for our domestic concerns, and the surest bulwark against anti-republican tendencies ;" and to the " preservation of the general government in its whole constitutional vigor, as the sheet-anchor of omi peace at home, and safety abroad." To the government of the United States has been entrust- ed the exclusive management of our foreign affairs. Beyond that, it wields a few general enumerated powers. It docs not force reform on the States. It leaves individuals over whom it casts its pi-otecting influence, entirely free to improve their own condition by the legitimate exercise of all their mental and physical powers. It is a common protector of each and all the States ; of every man who lives upon our soil, whether of native or foreign birth ; of every religious sect, in their worship of the Almighty according to the dictates of their own conscience ; of every shade of opinion, and the most free inquiry ; of every art, trade, and occupation, consistent with the laws of the States. And we rejoice in the general happi- ness, prosperity and advancement of our country, which have been the offspring of freedom and not of power. The most admirable and wisest system of well-regulated self-government among men, ever devised by human minds, has been tested by its successful operation for more than half a century ; and, if preserved from the usurpations of the federal government on the one hand ; and the exercise by the States of power not reserved to them on the other, will, I fervently hope and believe, endure for ages to come, and dis- pense the blessings of civil and religious liberty to . distant generations. To effect objects so dear to every patriot, I shall devote myself with anxious solicitude. It will be my desire to guard against that most fruitful source of danger to the harmonious action of our system, which consists in sub- stituting the mere discretion and caprice of the executive, or of majorities in the legislative department of Ihe government, for powers which have been Avithheld from the federal gov- ernment by the constitution. By the theory of our govern- 1845. J . • INAUGURAL ADDRESS. 149 ment, majorities rule ; but tliis right is not an arbitrary or un- limited one. It is a right to be exercised in subordination to the constitution, and in conformity to it. One great object of the constitution was to restrain majorities from oppressing minorities, or encroaching upon their just rights. .Minorities have a vight to appeal to the constitution, as a shield against such oj>;>re.ssion. That llie blessings of liberty which our constitution secures may be enjoyed alike by minorities and majorities, the execu- tive has been wisely invested with a qualified veto upon the acts of the legislature. It is a negative power, and is conser- vative in its character. It arrests for the time hasty, incon- siderate, or unconstitutional legislation ; invites reconsidera- tion, and transfers questions at issue between the legislative and executive departments to the tribunal of the people. Like all other powers, it is subject to be abused. When ju- diciously and properly exercised, the constitution itself may be saved from infraction, and the rights of all preserved and protected. The inestimable value of our federal Union is felt and ac- knowledged by all. By this system of united and confedera- ted States, our people are permitted, collectively and indi- vidually, to seek their own happiness in their own way ; and the consequences have been most auspicious. Since the Union was formed, the number of States has increased from thir- teen to twenty-eight ; two of these have taken their position as members of the confederacy within the last week. Our population has increased from three to twenty millions. New communities and States are seeking protection under its aegis, and multitudes from the Old World are flocking to our shores to participate in its blessings. Beneath its benign sway, peace and prosperity prevail. Freed from the burdens and miseries of war, our trade and intercourse have extended throughout the world. Mind, no longer tasked in devising means to ac- complish or resist schemes of ambition, usurpation, or con- 150 JAMES KNOX POLK. [1845. quest, is devoting itself to man's true interests, in dev^eloping his faculties and powers, and the capacity of nature to minis- ter to his enjoyments. Genius is free to announce its inven tions and discoveries ; and the hand is free to accomplish ■whatever the head conceives, not incompatible with the rights of a fellow-beins:. All distinctions of birth or of rank have been abolished. All citizens, whether native or adopted, are placed upon terms of precise equahty. All are entitled to equal rights and equal protection. Xo union exists between Church and State ; and perfect freedom of opinion is guar- anteed to all sects and creeds. These are some of the blessings secured to our happy land by our federal Union. To perpetuate them, it is our sacred duty to preserve it. Who shall assign limits to the achieve- ments of free minds and free hands, imder the protection of this glorious Union ? Xo treason to mankind, since the or- ganization of society, would be equal in atrocity to that of him who would lift his hand to destroy it. He would over- throw the noblest structure of human wisdom, which protects himself and his fellow-man. He would stop the progress of free government, and involve his country either in anarchy or despotism. He would extinguish the fire of liberty which warms and animates the hearts of happy millions, and in\dte3 all the nations of the earth to imitate our example. If he say that error and wrong are committed in the administration of the orovernment, let him remember that nothingr human can be perfect : and that under no other system of govern- ment revealed by Heaven, or devised by man, has reason been allowed so free and broad a scope to combat error. Has the sword of despots proved to be a safer or surer in- strument of reform in government than enlightened reason ? Does he expect to find among the ruins of this Union a hap- pier abode for our swarming millions than th«y now have un- der it ? Every lover of his country must shudder at the thought of the possibility of its dissolution, and will be ready 1845-J INAUGURAL ADDRESS. 151 to adopt the pcatriotic sentiment: "Our federal Union— it must be preserv^ed." To presei-ve it, the compromise which alone enabled our fathers to form a common constitution for the government and protection of so many States, and dis- tinct communities, of such diversified habits, interests and do- mestic institutions, must be sacredly and religiously observed. Any attempt to disturb or destroy these compromises, being terms of the compact of Union, can lead to none other than the most ruinous and disastrous consequences. It is a source of deep regret that, in some sections of our country, misguided persons have occasionally indulged in schemes and agitations, whose object is the destruction of domestic institutions existing in other sections — institutions which existed at the adoption of the constitution, and were recognized and protected by it. All must see that if it were possible for them to be successful in attaining their object, the dissolution of the Union, and a consequent destruction of our happy form of government, must speedily follow. 1 am happy to beheve, that at every period of our exist- ence as a nation, there b.as existed, nml continues to exist, among the great mass of our people, a devotion to the Union of the States, Avhich will shield and protect it against the moral treason of any who would seriously contemplate its destruction. To secure a continuance of that devotion, the compromises of the constitution must not only be preserved, but sectional jealousies and heartburnings must be discoun- tenanced ; and all should remember tliat they are members of the same political family, having a common destiny. To increase the attachment of our people to the Union, our laws should be just. Any policy wliich sliall tend to favor mo- nopolies, or the peculiar interests of sections or classes, must operate to the prejudice of the intei-ests of their fellow-citi- zens, and should be avoided. If the compromises of the con- stitution be Reserved, — if sectional jealousies and heartburn- ings be discountenanced,— if our laws be .just, and the gov- 152 JAMES KNOX POLK. [1815. ernment be practically administered strictly within the limits of power prescribed to it, — Ave may discard all apprehensions for the safety of the Union. With these views of the nature, character and objects of the government, and the value of the Union, I shall steadily oppose the creation of those institutions and systems which, in their nature, tend to pervert it from its legitimate purposes, and make it the instrument of sections, classes, and individu- als. We need no National Bank, or other ex-traneous institu- tions, planted around the government to control or strengthen it in opposition to the will of its authors. Experience has taught us how unnecessary they are as auxiliaries of the pub- lic authorities, how impotent for good and how powerful for mischief. Ours was intended to be a. plain and frugal government : and I shall regard it to be my duty to recommend to Con- gress, and as far as the Executive is concerned, to enforce by all the means within ni}' powei", the strictest economy in the expenditure of the public money, v/hich may be compatible with tlie public interests. A national debt has become almi>4 an institution of Euro- pean nwnarchies. It is viewed in .b.ime of them, as an essen- tial prop to existing governments. Melancholy is the condi- tion of that people whose government can be sustained only bv a system which periodically transfers large amounts from tlie labor of the many to the coffers of the few. Such a system is incompatible with the ends for which our republican guvernment was instituti-.l-. Under a wise policy, the debts contracted in our .re\oiuiion, and during the war of 1812, have^beerl happily extinguished. By a judicious apphcation of the revenues, not required for other necessary purposes, it is not doubted that the debt which has grown out of tlie circumstances of tlie last few years m;iy be speedily paid off. I congratulate my fellow-citizens on the entire restoration of the credit of the o-enei'al D-overnment of the Union, and 1845.] INAUGURAL ADDRESS. 15B that of many of the States. Happy would it be for the in- debted States if they were freed from their habihties, many of which were incautiously contracted. Although the gov- ernment of the Union is neither in a legal nor a moral sense bound for the debts of the States, and it would be a violation of our compact of Union to assume them, yet we cannot but feel a deep interest in seeing all the States meet their public liabilities, and pay off their just debts, at the earliest practi* cable period. That they will do so, as soon as it can be done witliout imposing too heavy burdens on their citizens, there is no reason to doubt. The sound moral and honorable feel- ing of the people of the indebted States cannot be question- ed ; and we are happy to perceive a settled disposition on their part, as their ability returns, after a season of unexam- pled pecuniary embarrassment, to pay off all just demands, and to acquiesce in any reasonable measure to accomplish that object. One of the diScultics which \vc have had to encounter in tlie practical administration of the government, consists in the adjustment of our revenue laws, and the levy of taxes necessary for the support of government. In the general proposition, that no. more money shall be collected than the necessities of an economical administration shall require, all. parties seem to acquiesce. iS'or does there seem to be any I material difference of opinion as to the absence of right in i the government to tax one section of country, or one class of I citizens, or one occupation, for the mere profit of another. ' '' Justice and sound pohcy forbid the federal government to foster one branch of industry to the detriment of another, or to cherish the interests of one portion to the injury of anoth- er portion of our common country." I have heretofore declared to my fellow- citizens that, in my "judgment, it is the duty of the government to extend as far as may be practicable to do 'so, by its revenue laws, and all other means within its power, fair and just protection • 7* 154 JAMES KNOX POLK. [1845» to all the great interests of the whole Union, embracing agri- culture, manufactures, the mechanic arts, commerce and nav- igation." I have also declared my opinion to be in " favoi of a tariff for revenue," and that in adjusting the details of such -A tariff, I have sanctioned such moderate discriminating duties as would produce the amount of revenue needed, and at the same time, afford reasonable incidental protection to our home industry, and that I was " opposed to a tariff for protection merely, and not for revenue." The power " to lay and collect taxes, duties, imposts, and excises," was an indispensable one to be conferred on the federal government, which, without it, would possess no means of providing for its own support. In executing this power, by levying a tariff of duties for the support of government, the raising revenue should be the object, and protection the incident. To reverse this principle, and make protection the object and revenue the incident, woixld be to inflict manifest injustice upon all other than the protected interests. In levy- ing duties for revenue, it is doubtless proper to make such discriminations within the revenue principle, as -will afford in- cidental protection to our home interests, AVithin the rev- enue limit, there is a discretion to discriminate ; beyond that limit, the rightful exercise of the power is not conceded. The incidental protection afforded to our home interests by dis- crimination within the revenue range, it is believed will be ample. In making discriminations, all our home interests should, as far as practicable, be equally protected. The largest portion of our people are agriculturists. Others are employed in manufactures, commerce, navigation, and the mechanic arts. They are all engaged in their respective pur- suits, and their joint labors constitute the national or home industry. To tax one branch of this home industry for the benefit of another, Avould be unjust. No one of these inter- ests can rightfully claim an advantage over the others, or tc be enriched by impoverishing the others. All are equally 1845.] INAUGURAL ADDRESS. 155 entitled to the fostering care and protection of the govern- ment. In exercising a sound discretion in levying discrimin- ating duties, within the limit pi^scribed, care should be taken that it be done in a manner not to benefit the wealthy few, at the expense of the toiling millions, Wy taxing lowest the luxuries of life, or articles of superior quality and high price, Avhich can only be consumed by the wealthy : and highest, the necessaries of life, or articles of coarse quality and low price, which the poor and- great mass of the people must con- sume. The burdens of government should, as far as practi- cable, be distributed justly and equally among all classes of our population. These general views, long entertained on the subject, I have deemed it proper to reiterate. It is a subject upon which conflicting interests of sections and occupations are suposed to exist, and a spirit of mutual concession and compromise in adjusting its details should be cherished by every part of our wide-spread country, as the only means of preserving harmony and a cheerful acquiescence of all in the operation of our revenue laws. Our patriotic citizens in every part of the Union will readily submit to the payment of such taxes as shall be needed for the support of their government, whether in peace or in war, if they are so levied as to dis- tribute the burdens as equally as possible among them. The republic of Texas has made known her desire to come into our Union, to form a part of our confederacy, and to en- joy with us the blessing of liberty secured and guaranteed by our constitution. Texas was once a part of our country — • was unwisely ceded away to a foreign power — is now inde- pendent, and possesses an undou.bted right to dispose of a part or the whole of her territory, and to merge her sovereign- ty as a separate and independent State, in om-s, I congratu- late my country that, by an act of the last Congress of the United States, the assent of this government has been given to the reunion ; and it only remains for the two countries to agree upon the terms, to consummate an object so important to both. 156 JAMES KNOX POLK. [1845. I regard the question of annexation as belonging exclusive- ly to the United States and Texas. They are independent powers, competent to contract ; and foreign nations have no right to interfere witli them, or to take exceptions to their re- union. Foreign powers do not seem to appreciate the true character of our g^ernment. Our Union is a confederation of independent States, whose policy is peace with each other and all the world. To enlarge its limits, is to extend the do- minion of peace over additional territories and increasing mil- lions. Tlie world has nothing to fear from military ambition in our government. While the chief magistrate and the popu- lar branch of Congress are elected for short terms by the suffrages of those millions who must, in their own persons, bear all the burdens and miseries of war, our government cannot be otherwise than pacific. Foreign powers should, therefore, look on the annexation of Texas to the United States, not as the conquest of a nation seeking to extend her domin- ions by arms and violence, but as the peaceful acquisition of a territory once her own, by adding another member to our confederation, with the consent of that member — thereby di- minishing the chances of war, and opening to them new and ever-increasing markets for their products. To Texas the reunion is important, because the strong pro- tecting arm of our government would be extended over her, and the vast resources of her fertile soil and genial climate would be speedily developed ; while the safety of New Or- leans, and of our southwestern frontier, against hostile ag- gression, as well as the interest of the whole Union, would he promoted by it. In the earher stages of our national existence, the opinion prevailed Avith some, that our system of confederated states could not operate successfully over an extended territory, and serious objections have, at different times, been made to the enlargement of our boundaries. These objections were earn- estly urged when we acquired Louisiana. Experience has 1845-J INAUGURAL ADDRESS. 157 shown that they were not well founded. The title of nu- merous Indian tribes to vast tracts of country has been extin- guished. New States have been admitted into the Union ; new Territories have been created, and our jurisdiction and laws extended over them. As our population has expanded, the Union has' been cemented and strengthened ; as our boundaries have been enlarged, and our agricultural popula- tion has been spread over a large surface, our federative sys- tem has acquired additional strength and security. It may well be doubted whether it would not be in greater danger of overthrow, if our present population were confined to the comparatively narrow limits of the original thirteen States, than it is, now that they are sparsely settled over an expand- ed territory. It is confidently believed that our system may be safely extended to the utmost bounds of our territorial limits ; and that, as it shall be extended, the bonds of our Union, so far from being weakened, will become stronger. None can fail to see the danger to our safety and future peace, if Texas remains an independent State, or becomes an ally or dependency of some foreign nation more powerful than her- self. Is there one among our citizens who would not prefer perpetual peace with Texas, to occasional wars, which so often occur between bordering independent nations? Is there one who would not prefer free intercom-se with her, to high duties on all our products and manufactures which en- ter her ports or cross her frontiers ? Is there one who would not prefer an unrestricted communication with her citizens, to the frontier obstructions which must occur if she remains out of the Union ? Whatever is good or evil in the local institu- tions of Texas, will remain her own, whether annexed to the United States or not. None of the present States will be responsible for them, any more than they are for the local in- stitutions of eacli other. They have confederated together for certain specified objects. Upon the same principle that they would refuse to form a 158 JAMES KNOX POLK. [1845. perpetual vmloii with Texas, because of her local institutions, our forefathers would have been prevented from forming our present Union. Perceiving no valid objection to the measure, and many reasons for its adoption, vitally affecting the peace, the safety, and the prosperity of both countries, I shall, on the broad principle Avhich formed the basis, and produced the adoption of our constitution, and not in any narrow spirit of sectional policy, endeavor, by all constitutional, honorable, and appropriate means, to consummate the express will of the people and government of the United States, by the re- annexation of Texas to our Union, at the earliest practicable period. Nor will it become in a less degree my duty to assert and maintain, by all constitutional means, the right of the United States to that portion of our territory Avhich lies beyond the Rocky Mountains. Our title to the country of the Oregon is " clear and unquestionable ;" and already are our people preparing to perfect that title, by occupying it with their wives and children. But eighty years ago, our population was confined on the west by the ridge of the AUeghanies. Within that period — within the life-time, I might say, of some of my hearers — our people, increasing to many millions, have filled • the eastern valley of the Mississippi ; adventuroiisly ascended the Missouri to its head springs ; and are already enaraofed in establishing the blessino-s of self-government in valleys, of which the rivers flow to the Pacific. The world beholds the peaceful triumphs of the industry of our emi- grants. To us belongs the duty of protecting them ade- quately, wherever they may be upon our soil. The jurisdic- tion of our laws, and the benefits of our republican institu- tions, should be extended over them in the distant regions which they have selected for their homes. The increasing facilities of intercourse Avill easily bi'ing the States, of Avhicli the formation in that part of our territory cannot long be delayed, Avithin the sphere of our federative Union. In the 1845.] INAUGURAL ADDRESS. 159 meantime, every obligation imposed by treaty or conventional stipulations, should be sacredly respected. In the management of oiir foreign relations, it will be my aim to observe a careful respect for the rights of other na- tions, while our own will be the subject of constant watchful- ness. Equal and exact justice should characterize all our in- tercourse with foreign countries. All alliances having a ten- der.cY to jeopard the welfare and honor of our country, or sacrifice any one of tlie national interests, will be studiously avoided ; and yet no opportunity will be lost to culLivate a favorable understai.dlnp; with foreign governments, by Avhich our navigation and commerce may be extended, and the am- ple products of our fertile soil, as well as the manufactures of our skilful artisans, find a ready market and remunerating prices in foreign countries. In taking " care that the laws be faithfully executed," a strict performance of duty will be exacted from all public officers. From those officers, especially, who are charged Avith the collection and disbursement of the public revenue, will prompt and rigid accoimtability be required. Any cul- pable failure or delay on their part to account for the moneys entrusted' to them, at the times and in the manner required by law, Avill, in every instance, terminate the official connec- tion of .such defaulting officer with the government. Although, in our country, the chief magistrate must al- most of necessity be chosen by a party, and stand pledged to ^ its principles and measures, yet in his official action, he should/ not be the president of a part only, but of the whole people; of the United States. While he executes the law with an im- partial hand, shrinks from no proper responsibility, and faith- fully carries out in the executive department of the govern- ment the principles and policy of those who have chosen him, he should not be unmindful that our fellow-citizens who have diff'ered with him in opinion are entitled to the full and^ free exercise of their opinions and judgments, and that the rights of all are entitled to respect and regard. 160 JAMES K\OX POLK. [1845. Confidently relying upon the aid and assistance of the coordinate branches of the government, in conducting our public affairs, I enter upon the discharge of the high duties which have been assigned .me by the people, again humbly supplicating that Divine Being who has watched over and protected our beloved country from its infancy to the present hour, to continue his generous benedictions upon us, tliat we may continue to be a prosperous and happy people. Having concluded his address, the oath of office was administered to the president by Chief Justice Taney, after which the former left the capitol in his carriage, and proceeded rapidly, by an indirect route, in order to avoid further fatigue, to the president's house, where, during the after part of the day, he received the congrat- ulations of his fellow-citizens. In the evening, the presi- dent and his lady attended the two inauguration balls given in the city. Thus ended a ceremony which had, doubtless, caused him many a moment of uniost, and to which thousands had looked forward with beating hearts and with deep anxiety. In such a manner does the American republic change her sovereigns — no pomp or ostentatious parade — no mili- tary escort for protection — no heralds o^ pursuivants to make proclamation — no crowns or insignia emblematic of royalty — no holy ampulla to pour upon the consecrated head — but a plain and simple ceremony in unison with her free institutions, and with the genius and character of her people ! CHAPTER VIII. Position of the President— Ilis Cabinet— The Washington Globe and The Union — Meeting of Congress — First Annual Message— The Oregon Boundary Question — History and Progress of the Negotiation — Ultima- -tum of the American Government— Proposition of Great Britain— Con- clusion and Ratification of a Treaty. Mr. Polk entered upon his administration under somewhat unfavorable auspices. He belonged to a younger race of statesmen than the prominent candidates Avhose names were originally presented to the Baltimore Convention, and it was but natural that he should be fearful of incurring the dislike, or encountering the preju- dices, of some one or more of them, which might tend seriously to embarrass his administration. But his po- sition personally, was all that could be desired. He had no pledges to redeem — no promises to fulfil ; and he was not a candidate for reelection. He Avas indiffer- ent, too, as to which of the leading men of his party should be his successor. It was his desire, therefore, to harmonize and conciliate, but, at the same time, to surrender no principle, to maintain his character for independence, and to preserve the dignity of his official position. His cabinet was selected from among the most dis- tinguished members of the democratic party, and in it each section of the confederacy was represented. James 162 JAMES KNOX POLK. [1845. Buchanan, of Pennsylvania, was appointed Secretary of State; Robert J. Walker, of Mississippi, Secretary of tlie Treasury; William L. Marcy, of New York,. Secre- tary of War ; George Bancroft, of Massachusetts, Sec- retary of the Navy ; Cave Johnson, of Tennessee, Post- master-general, and John Y. Mason, of Virginia, Attor- ney-general.* These selections appeared to give entire satisfaction ; and if murmurs were heard in any quarter, they were condemned by the general voice of the repub- licans of the nation. For several years a strong and influential portion of the democratic party in the southern states had disap- proved of the arbitrary and dictatorial tone, as they alleged, of the Washington Globe, the principal republi- can journal at Washington. Governed by the purest motives of conciliation, the President suggested the trans- fer of the newspaper establishment to other persons than the then publishers, Francis P. Blair and John C. Rives. The latter, acting under the advice and with the appro- bation of General Jackson and Mr. Van Buren, acceded to tliis proposition; their interest in the Globe was cheerfully transferred, and a new paper, called " The Union," established in its stead, under the editorial # * The office of Secretary of the Treasury was in the first place ten- dered by Mr. Polk to Silas Wright, of New York ; but as the latter haj been chosen governor of his state, at the election of 1844, and was undei an implied pledge not to vacate the office for a seat in the national cabinet, he did not accept it. The office of Secretary of War was then tendered to Benjamin F. Butler, also a distinguished citizen of New York, but he too declined ; whereupon ex-Governor Marcy was selected for that station, iu accordance with the request of a majority of the democratic delegation in Congress from New York, and of a majority of the members of the legisla- ture of the state belonging to that party. 1845.J FIRST ANNUAL MESSAGE. Igg charge of Thomas Ritchie, who had long been honorably connected with the Richmond Enquirer in the same ca- pacity. The treaty for the annexation of Texas, concluded by President Tyler, was rejected by the Senate of the United States, on the 8th day of June, 1844. At the ensuing session of Congress, the subject was again brought forward, and joint resolutions, providing for the annexation, were adopted on the 1st day of March, 1845. The people of Texas, represented in convention, signi- fied their assent to the terms of the resolutions on the 4th of July following, and formed a state constitution, which was forwarded to Washington to be laid before the Congress of the United States by the President. The first session of the twenty-ninth Congress, — beint^ also the first held during the administration of Mr. Polk,— commenced on the 1st day of December, 1845. The friends of the administration being in a considerable majority, John W. Davis was elected speaker of the House, by one hundred and twenty votes to seventy-two given for Samuel F. Vinton, of Ohio, the whig candidate. On the ensuing day the President communicated his first annual message to the two houses of Congress : FIRST ANNUAL MESSAGE. FeUow-citizens of the Senate, and House of Representatives : It is to me a source of unaffected satisfaction to meet the representatives of the States and the people in Congress as- sembled, as it will be to receive the aid of theu- combined wisdom in the admmistration of pubHc affairs. In performing for the first time the duty imposed on me by the Constitu- tion, of giving to you mformation of the state of the Union, 16'4 • JAMES KNOX POLK. [1845. and recommending to your consideration sucTi measures as in my judgment are necessary and expedient, I am happy that I can congratulate you on the continued prosperity of our country. Urxler the blessings of Divine Providence and the benign influence of our free institutions, it stands before .the world a spectacle of national happiness. With our unexampled advancement iu all the elements of national greatness, the afi'ection of the people is confirmed for the union of the States, and for the doctrines of popular lib- erty, which lie at the foundation of our government. It becomes us, in humilitj'', to make our devout acknowl- edgment to the Supreme Ruler of the Universe, for the ines- timable civil and religious blessings with which we are fa- vored. In calling the attention of Congress to our relations with foreign powers, I am gratified to be able to state, that ^though with some of them there have existed since your last session serious cause of irritation and misunderstanding, yet no actual hostilities have taken place. Adopting the maxim in the con- duct of our foreign aftairs to " ask nothing that is not right, and submit to nothing that is wrong," it has been my anx- ious desire to preserve peace with all nations ; but, at the same time, to be prepared to i-esist aggression, and to main- tain all our just rights. In pursuance of the joint resolution of Congress " for an- nexing Texas to the United States," my predecessor, on the third day of March, 1845, elected to submit the first and second sections of that resolution to the republic of Texas, as an overture, on the part of the United States, for her admis- sion as a State into our Union. This election I approved, and accordingly the charge d'affaires of the United States in Texas, under instructions of the tenth of March, 1845, pre- sented these sections of the resolution for the acceptance of that republic. The Executive Government, the Congress, and the people of Texas in convention, have successively com- 1845.] FIRST ANNUAL MESSAGE. 16^ plied with all the terras and conditions of the joint resolution. A constitution for the government of the State of Texas, formed by a convention of deputies, is herewith laid before Congress. It is well known, also, that the people of Texas at the polls have accepted the terms of annexation, and rati- fied the constitution. I communicate to Congress the correspondence between the Secretary of State and our Charge d'Affaires in Texas ; and also the corresponden-ce of the latter with the authorities of Texas ; together with the official documents transmitted by him to his own government. The terms of annexation which were offered by the United States having been accepted by ''"exas, the public faith of both parties is solemnly pledged to the compact of their union. Nothing remains to consummate tlie event, but the passage of an act by Congress to admit the State of Texas into the Union upon an equal footing witli the original States. Strong reasons exist why this should be done at an early pe- riod of the session. It will be observed, that by the Consti- tution of "Texas, the existing government is only continued temporarily till Congress can act, and that the third Monday of the present month is the day appointed for holding the first general election. On that day, a governor, a lieutenant- governor, and both branches of the legislature, will be chosen by the people. The President of Texas is required, immedi- ately after the receipt of official information that the new State has been admitted into our Union by Congress, to con- vene the Legislature ; and, upon its meeting, the existing government will be superseded, and the State Government organized. Questions deeply interesting to Texas, in com- ' mon with the other States, the extension of our revenue laws and judicial system over her people and territory, as well as measures of a local character, Avill claim the early attention of Congress ; and, therefore, upon every principle of repu.b- lican government, she ought to be represented in that body 166 JAMES KNOX POLK. [1845. without unnecessary delay. I cannot too earnestly recom- mend prompt action on this important subject. As soon as the act to admit Texas as a State shall be pass- ed, the union of the two republics will be consummated by their own voluntary consent. This accession to our territory has been a bloodless achieve- ment. No arm of force has be,en raised to produce the re- sult. The SAVord has had no part in the victory. We have not sought to extend our territorial possessions by conquest, or our republican institutions, over a reluctant people. It was the deliberate homage of each people to the great principle of our federative Union. If we consider the extent of territory involved in the an- nexation — its prospective influence on America — the means by which it has been accomplished, springing purely from the choice of the people themselves to share the blessings of our Union, — the history of the world may be challenged to fur- nish a parallel. The jurisdiction of the United States, which at the forma- tion of the federal constitution was bounded by the St. Ma- ry's on the Atlantic, has passed the Capes of Florida, and been peacefully extended to the Del Norte. In contemplat- ing the grandeur of this event, it is not to be forgotten that the result was achieved in despite of the diplomatic interfer- ence of European monarchies. Even France — the country which had been our ancient ally — the country which, has a common interest with us in maintaining the freedom of tlie seas — the country which, by the cession of Louisiana, first opened to us access to the Gulf of Mexico — the country with ' which we have been every year drawing more and more cloi?e- ly the bonds of successful commerce — most unexpectedly, and to our unfeigned regret, took part in an effort to prevent annexation, and to impose on Texas, as a condition of the rec- ognition of her independence by Mexico, that she wouLl never join hei'self to the United States. We may rejoice that 1845.] FIRST ANNUAL MESSAGE. 167 the tranquil and pervading influence of the American princi- ple of self-government was sufficient to defeat the purposes of ]3ritish and French interference, and that the almost unani- mous voice of the people of Texas has given to that interfer- ence a peaceful and effective rebuke. From this example, European governments may learn how vain diplomatic arts and intrigues must ever prove \xpon this continent, against that system of self-government Avhich seems natural to our soil, and which will ever resist foreign interference. Toward Texas, I do not doubt that a liberal ..nd generous spirit will actuate Congress in all that concerns her interests and prosperitv, and that she will never liave cause to regret that she has united her " lone star" to our glorious constel- lation. I regret to inform vou that our relations with Mexico, since vour last session, have not been of the amicable character which it is our desire to cultivate with all foreign nations. On the 6th day of March last, the Me.xican envoy extraor- dinary and minister plenipotentiary to the United States made a formal protest, in the name of his government, against the joint resolution passed by Congress, "for the annexation of Texas to the United States," which he chose to regard as a violation of the rights of Mexico, and, in consequence of it, he demanded his passports. He was informed that the gov- ernment of the United States did not consider this joint res- olution as a violation of any of the rights of Mexico, or that it afforded any just cause of offence to his government ; that the Republic of Texas Avas an independent Power, owing no alle- giance to Mexico, and constituting no part of her territory or ]-ightful sovereignty and jurisdiction. He was also assured tliat it was the sincere desire of this government to maintain with that of Mexico relations of peace and good understand- ing. That functionary, however, notwithstanding these rep- resentations and assurances, abruptly terminated his mission, and shortly afterwards left the country. Our envoy extra- 168 JAMES KNOX POLK. [1845 ordinary and minister plenipotentiary to Mexico was refused all official intercourse with that government, and, after re- mainino; several months, by the permission of his own gov- ernment he returned to the United States. Thus, by the acts of Mexico, all diplomatic intercourse between the two coun- tries was suspended. Since that time Mexico has, until recently, occupied an at- titude of hostility toward the United States — has been mar- shaUing and organizing armies, issuing proclamations, and avowinsf the intention to make war on the United States, o either by an open declaration, or by invading Texas. Both the Congress and coiivention of the people of Texas invited this Government to send an army into that territory, to pro- tect and defend them against the menaced attack. The mo- ment the terms of annexation, offered by the United States, were accepted by Texas, the latter became so far a part of our own country, as to make it our duty to afford svich protection and defence. 1 therefore deemed it proper, as a precautionary measure, to order a strong squadron to the coasts of Mexico, and to concentrate an efficient military force on the Avestern frontier of Texas. Our army was ordered to take position in the country between the Nueces and the Del Norte, and to repel any invasion of the Texan territory Avhich might be attempted by the Mexican forces. Our squadron in the gulf was ordered to cooperate with the army. But though our army and navy were placed in a position to defend our own and the rights of Texas, they were ordered to commit no act of hostility against Mexico, unless she de- clared war, or was herself the aggi'essor, by striking the first blow. The result has been that Mexico has made no aggres- sive movement, and our military and naval commanders have executed their orders with such discretion, tliat the peace of the two republics has not been disturbed. Texas had declared her independence, and maintained it by her arms for more than nine years. She has had an organ- 1845.] FIRST ANNUAL MESSAGE. 169 ized government in successful operation during that period. Her separate existence, as an independent state, bad been recognized by the United States and the principal powers of Europe. Treaties of commerce and navigation had been concluded with her by different nations, and it had become manifest to the whole world that any further attempt on the part of Mexico to conquer her, or overthrow her government, would be vain. Even Mexico herself hadbecome satisfied of this fact^ and Avhilst the question of annexation was pending before the people of Texas, during the past summer, the gov- ernment of Mexico, by a formal act, agreed to recognize the independence of Texas on condition that she would not an- nex herself to any other power. The agreement to acknowl- edge the independence of Texas, whether with or without this condition, is conclusive against Mexico. The independ- ence of Texas is a fact conceded by Mexico herself, and she had no right or iiuthority to prescribe restrictions as to the form of government which Texas might afterwards choose to assume. But though Mexico cannot complain of the United States on account of the annexation of Texas, it is to be regretted that' serious causes of misunderstanding between the two countries continue to exist, growing out of unredressed inju- ries inflicted by the Mexican authorities and people on the persons and property of citizens of the United States, through a long series of years. Mexico has admitted these injuries, but has neglected and refused to repair them. Such was the character of the wrongs, and such the insults repeatedly of- fered to American citizens and the x\merican flag by Mexico, in palpable violation of the laws of nations and the treaty between the two countries of the fiftli of- April, 1831, that they have been repeatedly brought to the notice of Congress by my predecessors. As early as the 8th of February, 1837, the President of the United States declared, in a message to Congress, that " the length of time since some of the injuries 170 JAMES KNOX POLK. |^1845. have been committed, the repeated and unavailing applica- tions for redress, the wantcm character of some of the out- rages upon the persons and property of our citizens, upon the officers and flag of the United States, independent of recent insults to this government and people by the late Extraordi- nary Mexican Minister, would justify in the eyes of all na- tions immediate war." He did not, however, recommend an immediate resort to this extreme measure, which, he declared, " should not be used by just and generous nations, confiding in their strength for injuries committed, if it can be honorably avoided ;" but, in a spirit of forbearance, proposed that another demand be made on Mexico for that redress which had been so long and imiustly withheld. In these views, committees of the two Houses of Congress, in reports made to their respective bodies, concurred. Since these proceedings, more than eight years have elapsed, during which, in addition to the wrongs then complained of, others of an aggravated character have been committed on the persons and property of our citizens. A special agent was sent to Mexico in the summer of 1838, with full authority to make another and final demand for re- dress. The demand was made; the Mexican government promised to repair the wrongs of which we complained ; and after much delay, a treaty of indemnity with that view was concluded between the two Powers on the 11th of April, 1839, and was duly ratified by both governments. By this treaty a joint commission was created to adjudicate and de- cide on the claims of American citizens on the government of Mexico. The commission was organized at Washington on the 25th day of August, 1840. Their time was limited to. eighteen months ; at the expiration of which, they had adju- dicated and decided claims amounting to two millions twenty- six thousand one hundred and thirty-nine dollars and sixty- eight cents in favor of citizens of the United States against the Mexican government, leaving a large amount of claims 1845.] FIRST ANNUAL MESSAGE. 171 undecided. Of the latter, the American commissioners had decided in favor of our citizens, claims amounting to nine hun- dred and twenty-eight thousand six himdred and twentj'-seven dollars and eighty-eight cents, Avhich were left unacted on by the \impire authorized by the treaty. Still further claims, amounting to between three and four millions of dollars, were submitted to the board too late to be considered, and were left undisposed of. The sum of two millions twenty-six thousand one hundred and thirty-nine dollars and sixty-eight cents, decided by the board, was a liquidated and ascertained debt due by Mexico" to the claimants, and there was no justifiable reason for de- laying its payment according to the terms of the treaty. It was not, however, paid. Mexico applied for further indul- gence ; and, in that spirit of liberality and forbearance which has ever marked the policy of the United States toward that republic, the request was granted ; and, on the thirtieth of January, 1843, a new treaty was concluded. By this treaty it was pronded, that the interest due on the awards in favor of claimants imder the convention of the eleventh of April, 183,9, should be paid on the thirtieth of April, 1843 ; and that " the principal of the said awards, and the interest aris- ing thereon, shall be paid in five years, in equal instalments every three months, the said term of five years to commence on the thirtieth day of April, 1S43, as aforesaid." The inter- est due on the thirtieth day of April, 1843, and the three first of the twenty instalments, have been paid. Seventeen of these instalments remain unpaid, seven of which are now due. The claims which were left undecided by the joint commis- sion, amounting to more than three millions of dollars, to- gether with other claims for spoliations on the property of our citizens, were subseqiiently. presented to the Mexican government for payment, and were so far recognized, that a treaty, providing for their examination and settlement by a 172 JAMES KNOX POLK. [1845. joint commission, was concluded and signed at Mexico on tlie twentieth day of November, 1843. This treaty was ratified by the United States, witli certain amendments, to which no just exception could have been taken ; but it has not yet re- ceived the ratification of the Mexican government. In the meantime, our citizens who suffered great losses, and some of whom have been reduced from affluence to bankruptcy, are without remedy, imless tlieir lights be enforced by their gov- ernment. Such a continued and unprovoked series of wrongs could never have been tolerated by the United States, had 'they been committed by one of the principal nations of Eu- rope. Mexico was, however, a neighboring sister republic, which, following our example, had achieved her independ- ence, and for whose success and prosperif^)^ all our sympathies were early enlisted. The United States were the first to rec- ognize her independence, and to receive her into the family of nations, and have ever been desirous of cultivating Avith her a good understanding. We have, therefore, borne the repeated wrongs she has committed, with great patience, in the hope that a returning sense of justice would ultimately guide her councils, and that we might, if possible, honorably avoid any liostile collision with her. Without the previous autliority of Congress, the Executive possessed no power to adopt or enforce adequate remedies for the injuries we had suffered, or to do more than be pre- pared to repel the threatened aggression on the part of Mex- ico. After our army and navy had remained on the frontier and coasts of Mexico for many weeks, without any hostile movement on her part, though her menaces were continued, I deemed it important to put an end, if possible, to this state of things. With this view, I caused steps to be taken, in the month of September last, to Ascertain distinctly, and in an authentic form, what the desio^ns of the Mexican government were ; whether it was their intention to declare war, or invade Texas, or whether they were disposed to adjust and settle, in 1845. J FIRST ANNUAL MESSAGE. 173 an amicable manner, the pending differences between the two countries. On the ninth of November an official answer was received, that the Mexican government consented to renew the diplomatic relations which had been suspended in March last, and for that purpose were willing to accredit a minister from the United States. With a sincere desire to preserve peace, and restore relations of good understanding between the two republics, I waived all ceremony as to the manner of renewing diplomatic intercoui'se between them ; and, assuming the initiative, on the tenth of November a distinjruished citi- zen of Louisiana was appointed Envoy Extraordinary and Minister Plenipotentiary to Mexico, clotlied with full powers to adjust, and definitively settle, all pending differences be- tweeft the two countrtes, including those of boundary between Mexico and the State of Texas. The minister appointed has set out on his mission, and is probably by tliis time near the I^lexican capital. He has been instructed to bring the nego- tiation witli whicli he is charged to a conclusion at the earliest practicable period ; which, it is expected, will be in time to enable me to communicate the result to Cono-ress duringf the present session. Until that result is known, I forbear to rec- ommend to Congress such ulterior measures of redress for the wrongs and injuries we have so long borne, as it would have been proper to make had no such negotiation been insti- tuted. Congress appropriated at the last session the sum of two hundred and seventy-five thousand dollars for the payment of the April and July instalments of the Mexican indemnities for the year 1844 : "Provided it shall be ascertained to the satisfaction of the American government that the said instal- ments have been paid by the Mexican government to the agent appointed by the United States to receive the same in such manner as to discharge all claim on the Mexican government, and said agent to be delinquent in remitting the money to the United States." 174 JAMES KNOX POLK. [1845. The unsettled state of our relations with Mexico has in- volved this subject in much mystery. The first information, in an authentic fonn, from the agent of the United States, appointed under the administration of my predecessor, Avas received at the State Department on the ninth of November last. This is contained in a letter dated the 17th October, addressed by him to one of our citizens then in Mexico, with the A^ew of having it communicated to that department. From this it appears that the agent, on the 20th of Septem- ber, T844, gave a receipt to the treasmy of Mexico for the amount of the April and July instalments of the indemnity. In the same communication, however, he asserts that he had not received a sinfle dollar in cash, but that he holds such securities as warranted him at the time m givmg the receipt, and entertains no doubt but that he will eventually obtain the money. As these instalments appear never to have been ac- tually paid by the government of Mexico to the agent, and as that o-overnment has not therefore been released so as to discharge the claim, I do not feel myself warranted in direct- ing payment to be made to the claimants out of the treasmy, without further legislation. Their case is, undoubtedly, one of much hardship ; and it remains for Congress to decide whether any, and what, relief ought to be granted to them. Our minister to Mexico has been instructed to ascertain the facts of the case from the Mexican government, in an authen- tic and official form, and report the result with as little delay as possible. My attention was early directed to the negotiation, which, on the 4th of March last, I found pending at Washington be- tween the United States and Great Britain, on the subject of the Oregon territory. Three several attempts had been pre- ^ously made to settle the questions in dispute between the two countries, by negotiation, upon the principle of compro- mise ; but each had proved unsuccessful. These negotiations took place at London, in the years 1818, 1845-] FIRST ANNUAL MESSAGE. 1Y5 1824, and 1826 ; the two first under the administration of Mr, Monroe, and the last under that of Mr. Adams. The negotia- tion of 1818 having failed to accomphsh its object, resulted in the convention of the twentieth of October of that year. By the third article of that convention, it was " agreed, that any coun- try that may be claimed by either party on the northwest coast of America, westward of the Stony mountains, shall, together v.ith its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present conven- tion, to the vessels, citizens, and subjects of the two Powers ; it beinor well understood that this asrreeraent is not to be con- strued to the prejudice of any claim which either of the two high contracting parties may have to any part of the said coimtry, nor shall it be taken to affect the claims of any other Power or State to any part of the said country ; the only ob- ject of the high contracting parties in that respect being, to prevent disputes and difl'erences among themselves." The negotiation of 1824 was productive of no result, and the convention of 1818 was left imchanged. The negotiation of 1826 having also failed to effect an ad- justment by compromise, resulted in the convention of Au- gust the sixth, 1827, by which it was agreed to continue in force, for an indefinite period, the provisions of the third ar- ticle of the convention of the twentieth of October, 1818 ; and it was further provided, " that it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the twentieth of October, 1828, on giv- ino- due notice of twelve months to the other contracting party, to annvil and abrogate this convention ; and it shall, in such case, be accordingly entirely annulled and abrogated after the expiration of the said terra of service." In these attempts to adjust the controversy, the parallel of forty-ninth degree of north latitude had been offered by the United States to Great Britain, and in those of 1818 and 1826, -with 176 JAMES KNOX POLK. [1845. a further concession of the free navigation of the Cohinibia River south of that hititude. The parallel of the forty-ninth degree, from the Rocky Mountains to its intersection of the northcasternmost branch of the Columbia, and thence down the channel of that river to the sea, had been offered by Great Britain, with an addition of a small detached territory nortli of the Columbia. Each of these propositions had been re- jected by the parties respectively. In October, 1843, the Envoy Extraordinary and Minister Plenipotentiary of the United States in London, was author- ized to make a similar offer to those made in 1818 and 182G. Thus stood the question, when the negotiation was shortly afterwards transferred to Washington ; and, on the twenty- third of August, 1844, was formally opened, under the direc- tion of my immediate predecessor. Like all the previous negotiations, it was based upon the principles of " compro- mise ;" and the avowed purpose of the parties was, " to treat of the respective claims of the two countries to the Oregon territory, with a x'lew to establish a permanent boundary be- tween them westward of the Rocky Mountains to the Pacific Ocean." Accordingly, on the twenty-sixth of August, .844, the British Plenipotentiary offered to divide the Oregon terri- tory by the 49th parallel of north latitude, from the Rocky Mountains to the point of its intersection with the northeast- evnmost branch of the Columbia River, and thence down that river to the sea ; leaving the free navigation of the river to be enjoyed in common by both parties— the country south of this line to belong to the United States, and that north of it to Great Britain. At the same time, he proposed, in addi- tion, to yield to the United States a detached territory, north of the Columbia, extending along the Pacific and the Straits of Fuca, from Bulfinch's Harbor inclusive, to Hood's Canal, and to make free to the United States any port or ports south of latitude 49 degrees, which they might desire, either on the main land, or on Quadra and Vancouver's Tsland. With the 1845.] FIRST ANNUAL MESSAGE. 177 exception of the free ports, this was the same offer which had been made by the British and rejected by the American Gov- eisnment, in the negotiation of 1826. This proposition was properly rejected by the American Plenipotentiary on the day it was submitted. This was the only proposition of com- promise offered by the British Plenipotentiary. The propo- sition on the part of Great Britain having been rejected, the British Plenipotentiary requested that a proposal should be made by the United States for " an equitable adjustment of the question." When I came into office, I found this to be the state of the negotiation. Though entertaining the settled conviction that the British pretensions of title could not be maintained to any portion of tjie Oregon territory upon any principle of public law recognized by nations, yet, ia deference to what had been done by my predecessors, and especially in consid- eration that propositions of compromise had been thrice made by two preceding administrations, to adjust the question on the parar.fl of furty-nine degrees, and in two of them yield- ing to Great Britain the free navigation of the Columbia, and that the pending negotiation had been commenced on the basis of compromise, I deemed it to be my duty not abruptly to bi-eak it off. In consideration, too, that under the con- ventions of 1818 and 1827, the citizens and subjects of the two powers held a joint occupancy of the coimtry, I was in- duced to make another effort to settle this long pending con- troversy in the spirit of moderation which had given birth to the renewed discussion. A proposition was accordingly made, which was rejected by the British Plenipotentiary, who, with- out submitting any other proposition, suffered the negotiation on his part to drop, expressing his trast that the United States Avould offer what he saw fit to call " some further proposal for the .settlement of the Oregon question, more consistent with fairness and equity and with the reasonable expectations of' the British government." The proposition thus offered 178 JAMES KNOX POLK. [1845. and rejected, repeated the offer of the parallel of forty-nine degrees of nortli latitude, which had been made by two pre- ceding administrations, but AA'ithout proposing to surrender to Great Britain, as they had done, the free navigation of the Columbia River. The right of any foreign power to the free navigation of any of our rivers, through the heart of our country, was one which I was unwilling to concede. It also embraced a provision to make free to Great Britain any port or ports on the cap of Quadra and Vancouver's Island, south of this parallel. Had this been a new question, coming un- der discussion for the first time, this proposition would not have been made. The extraordinary and Avholly inadmissible demands of the British government, and the rejection of the proposition made in deference alone to what had been done by my predecessors, and the implied obligation which their acts seemed to impose, afford satisfactory evidence that no compromise which the United States ought to accept, can be effected. With this conviction, the proposition of compro- mise Avhich had been made and rejected, was, by my direction, subsequently withdrawn, and our title to the whole Oregon territory asserted, and, as is believed," maintained by irrefraga- ble facts and arguments. The civilized Avorld will see in these proceedings a spirit of liberal concession on the part of the United States ; and this government will be relieved from all responsibility which may follow the failure to settle the controversy. All attempts at compromise having failed, it becomes the duty of Congress to consider what measures it may be proper to adopt for the security and protection of our citizens now inhabiting, or who may hereafter mhabit, Oregon, and for the maintenance of our just title to that territory. In adopt- ing measures for this purpose, care should be taken that nothing be done to violate the stipulations of the convention of 1827* which is- still in force. The faith of treaties in their letter and spirit, has ever been, and, I tnrst, will ever be. 1S45.J FIRST ANNUAL MESSAGE. ■ 179 scrupulously observed by tlie United States. Under that convention, a year's notice is required to be given by either party to the other, before the joint occupancy shall terminate, and before either can rightfully assert or exercise exclusive jurisdiction over any portion of the territory. This notice it would, in my judgment, be proper to give ; and I recommend that provision be made by law for giving it accordingly, and terminating, in tliis manner, the convention of the sixth of August, 1827. It will become proper for Congress to determine what leg- islation they can, in the mean time, adopt, without violating this convention. Beyond all question, the protection of our laws and our jurisdiction, civil and criminal, ought to be im- mediately extended over our citizens in Oregon. They have had just cause to complain of our long neglect in this partic- ular, and have in consequence been compelled, for their own security and protection, to establish a provisional government for themselves. Strongr in their allegiance and ardent in their attachments to the United States, they have been thus cast upon their own resources. They are anxious that our laws should be extended over them, and I recommend that this be done by Congress with as little delay as possible, in the full extent to which the British Parliament have proceeded in regard to British subjects in that tei-ritory, by their act of July the second, 1821, " for regulating the fur-trade, and es- tablishing a criminal and civil jurisdiction within certain parts of North America." By this act Great Britain extended her laws and jurisdiction, cinl and criminal, over her subjects, engaged in the fur-trade in that territory. By it, the coui'ts of the province of Upper Canada were empowered to take cognizance of causes civil and criminal. Justices of the peace and other judicial officers were authorized to be appointed in Oregon, with power to execute all process issuing from the courts of that province, and to " sit and hold courts of record for the trial of criminal offences and misdemeanors," not 180 JAMES KWOX POLK. [1845- made the subject of capital punishment, and also of civil cases, where the cause of action shall not " exceed in value the amount or sum of two hundred pc^uids." Subsequent to the date of this act of Parliament, a grant v--as made from the " British crown," to the Hudson's Bay Company, of the exclusive trade with the Indian tribes in the Oregon terrftorj'', subject to a reservation that it shall not op- ei-ate to the exclusion " of the subjects- d any foreign States who, under or by force of aay conventian for the time being, between us and such foreign States respectively, mi^y be en- tilled to, and sli;i,ll be engaged in, the said trade." It is much to be I'egretted, that, w-hile under this act Bi'it- ish subjects have enjoyed the protection of British laws and British judicial tribuna.ls throughout the whole- of Oregon,. American citizens, in the same territo-ry, have enjoyed no- such protection from their government.. At thi same time,, the result ilhistrates the charaeter of our people and their in- stitutions. In spite of this neglect, they have multiplied, and; their number is rapidly increasing in that territory.. They have made no appeal to arras, but have peacefully fortified themselves in their new l>omes, by the adoption of republicar. institutions foi' themselves ; fiu-ni&l;iing an'Other example of the truth that self-government is inherent in the American breast, and must prevail. It is due to them that they should te embj-aced and' protected by our laws. It is deemed important that om* laws regulating trade and intercourse with the Indian tribes east of the Rocky Mount- ains, should be extended to such tribes as dwell beyond them. The increasing emigration to Oregon, arnJ the care and pro- tection whjch is due from the government to. its citizens in that distant region, make it our duty, as it is our interest, to- cultivate amicable relations with the Indian tribes of that ter- ritory. For this purpose, I recommend that provision be inade for establishing an Iridian agency, and such suh-agen. 1845-J FIRST ANNUAL MESSAGE. 181 cies as may be deemed necessary, beyond the Rocky Mount- ains. j'or the protection of emigrants whilst on their way to Or- egon, against the attacks of the Indian tribes occupying the count;v tlirough which they pass, I recommend that a suitable number of stockades and block-house forts be erected along tlie usual route between our frontier settlements on the Mis- souri and the Rocky Mountains ; and that an adequate force of niounled riflemen be raised to guard and protect them on their journey, 'i'he immediate adoption of these recommend- ations by Congress will not violate the provisions of the exist- ing treaty. It will be doing nothing more for American citizens than British laws have long since done for British sub- jects in the same territory. It requires several months to perform the voyage by sea from the Atlantic States to Oregon ; and although we have a large number of whale ships in the Pacific, but few of them afford an opportunity of interchanging intelligence, without great delay, between our settlements in that distant region and the Unit-ed States. An overland mail is believed to be entirely practicable ; and the impoi'tance of establishing such a mail, at least once a month, is submitted to the favorable consideration of Congress. It is submitted to the wisdom of Congress to determine whether, at their present session, and until after the expii-a- tion of the year's notice, any other measures may be adopted, consistently with the convention of 1827, for the security of our rights, and the government and protection of our citizens in Oregpn. That it will ultimately be wise and proper to make liberal grants of land to the patriotic pioneers, Avho, •amidst privatidns and dangers, lead the way through savage tribes inhabiting th-e vast wilderness intervening between our frontier settlements and Oregon, and who cultivate and are ready to defend the 'soil, I am fully satisfied. To doubt whether they will obtain such grants as soon as the conven- 182 JAMES KNOX POLK. [1845 aoii between the United States and Great Britain, shall bave ceased to exist, would be to doubt the justice of Congress ; but, pending the year's notice, it is worthy of consideration whether a stipulation to this effect may be made, consistently with the spirit of that convention. The recommendations which I have made, as to the best manner of securing our rights in Oregon, are submitted to Congress with great deference. Should they, in their wis- dom, devise any other mode better calculated to accomplish the same object, it shall meet with my hearty concurrence. At the end of the year's notice, should Congress think it proper to make provision for giving that notice, we shall have reached a period Avhen the national rights in Oregon must either be abandoned or firmly maintained. That they cannot be abandoned without a sacrifice of both national honor and est, is too clear to admit of doubt. Oregon is a part of the North American continent, to which it is confidently affirmed, the title of the United States is the best now in existence. For the grounds on which that title rests, I refer you to the correspondence of the late and pres- ent Secretary of State with the British plenipotentiary during- the negotiation. TJae British proposition of compromise, which would make the Columbia the line south of forty-nine degrees, with a trifling addition of detached territory to the United States, north of that river, and would leave on the British side two-thirds of the whole Oregon territory, includ- ino- the free navio-ation of the Columbia and all the A^aluable harbors on the Pacific, can never, for a moment, be enter- tained by the United States, without an abandonment, of their just and clear territorial rights, their own self-respect, and the national honor. For the information of CcJngress, I com- municate herewith the correspondence which took place be- tween the two governments during the late negotiation. The rapid extension of our settlements over our tei-ritories heretofore unoccupied; the addition of new States to our 1845.] FIRST ANNUAL MESSAGE. 183 confederacy ; the expansion of free principles, and our rising greatness as a nation, are attracting the attention of the pow- ers of Europe ; and hxtely the doctrine has been broached in some of them, of a " balance of power" on this continent, to check our advancement. The United States, sincerely de- sirous of preserving relations of good understanding with all nations, cannot in silence permit any European interference on the North American continent ; and should any such in- terference be attempted, will be ready to resist it at any and all hazards. It is well known to the American people and to all nations, that this government has never interfered with the relations subsisting between other governments. We have never made ourselves parties to their wars or their alliances ; we have not sought their territories by conquest ; we have not mino-led with parties in their domestic struggles ; and believing our own form of government to be the best, we have never at- tempted to propagate it by intrigues, by diplomacy, or by force. We may claim on this continent a like exemption from European interference. 'Ihe nations of America are equallv sovereign and independer.j wilh thoye of Europe. They pos- sess the same riglits, independent of all foreign interposition, to make war, to conclude peace, and to regulate their inter- nal affairs. The people of the United States cannot, there- fore, view with indifference attempts of European powers to interfere Avith the independent action of the nations on this continent. The American system of government is entirely different from that of P'urope. Jealousy among the different sovereigns of Europe, lest any 6ne of them might become too powerful for the rest, has caused them anxiously to desii-e the establishment of what they term the " balance of power." It cannot be«permitted to have any application on the North American continent, and especially to the United States. We must ever maintain the principle, that the people of this con- tinent alone have the ris>-ht to decide their own ddstiny. Should 184 JAMES KNOX POLK. [1845. any portion of them, constituting an independent State, pro- pose to unite themselves with our confederacy, this will be a question for them and us to determine, witliout any foreign interposition. We can never consent that European Powers shall interfere to prevent such a union, because it might dis- turb the " balance of power" which they may desire to main- tain upon this continent. Near a quarter of a century ago, the principle was distinctly announced to the world in the annual message of one of my predecessors, that " the Amer- ican conthients, by the free and independent condition which the}'' have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European Power." This principle will apply with greatly increased force, should any European power attempt to establish any new colony in North America. In the existing circumstances of the world, the present is deemed a proper occasion to re- iterate and reaffirm tlie principle avowed by Mr. Monroe, and to state my cordial concurrence in i;s Avisdom and sound poli- cy, ''he i-eassertion of tliis princi; le, t?specially in reference to North America, is at tliis day 1 iit. the promulgation of a policy which no European power sl.oulcl cherish the disposi- tion to resist. Existing lights of e\e. y European nation should be respected ; but it is due alike to our safety and our inter- ests, that the efficient protection of our laws should be ex- tended over our whole territorial limits, and that it should be distinctly announced to the world as our settled policy, that no future Europ(>an colony or dominion shall, with our con- sent, be j)lanted or est;i!;lished on any part of the North A merican continent. A question has recently arisen under the tenth article of the subsisting treaty between the United States and .Prussia. By this article, the coiisuls of tlic; two countries have the right to sit as judges and arbitrators " in such diflerences as may arise between the captnins and ciews of vessels belong- incr to the nnjtions wliose interests arc committed to their 1845.] FIRST ANNUAL MESSAGE. 185 charge, without the interference of the local authorities, un- less the conduct of the crews or of the captains should dis- turb the order or tranquillit}^ of the country ; or the said con- suls should require their assistance to cause their decisions to be carried into effe-ct or supported." The Prussian consul at "New Bedford, in June, 1844, ap- plied to Mr. Justice Story to carry into effect a decision made by him between the captain and the crew of the Prussian ship Borussia ; but the request Avas refused on the ground tliat, without previous legislation by Congress, the judiciary did not possess the power to give effect to this article of the treaty. The Prussian government, through their minister here, have complained of this .violation of the, treaty, and have asked the government of the United States to adopt the necessary measures to prevent similar violations hereafter. Good faith to Prussia, as well as to other nations with whom we have similar treaty stipulations, requires that these should be faithfully observed. I liave deemed it proper, therefore, to lay the subject before Congress, and to recommend such legislation as may be necessary to give effect to these treaty obligations. By virtue of an arrangement made between the Spanish government and that of the United States, in December, 1831, American vessels, since the '29th of April, 1832, have been admitted to entry in the ports of Spain, including those of the Balearic and Canary islands, on payment of the same tonnage duty of five cents per ton, as though they had been Spanish vessels ; and this, whether our vessels arrive in Spain directly from the United States, or indii-ectly from any other country. When Congress, by the act of the 13th of July, 1832, gave effect to this arrangement between the two governments, they confined the reduction of tonnage duty merely to Spanish vessels " coming from a port in Spain," leaving the former discriminating duty to remain against such vessels coming from a port in any other country. It is man- 186 JAMES KNOX POLK. [1845. ifestly unjust that, whilst American vessels, amving in the ports of Spain from other countries, pay no more duty than Spanish vessels, Spanish vessels arriving in the ports of the United States from other countries should be subjected to heavy discriminating tonnage duties. This is neither equality nor reciprocity, and is in violation of the arrangement con- cluded in December, 1831, between the two countries. The Spanish government have made repeated and earnest remon- strances against this inequality, and the favorable attention of Congress has been several times mvoked to the subject by my predecessors. I recommend, as an act of justice to Spain, that this inequality be removed by Congress, and that the discriminating duties which have been levied under the act of the 13th of July, 1832, on Spanish vessels coming to the United States from any other foreign country, be refunded. This recommendation does not embrace Spanish vessels ar- rivincr in the United States from Cuba and Porto Rico, which will still remain subject to the provisions of the act of J uiie 30th, 1834, concerning tonnage duty on such vessels. By the act of the 14th of July, 1832, coffee was exempt- ed from duty altogether. This exemption Avas universal, without reference to the country where it was produced, or the national character of the vessel in which it was imported. By the tariff act of the 30th August, 1842, this exemption from duty was restricted to coffee imported in American vessels from the place of its production ; whilst coffee im- ported imder all other circiimstances was subjected to a duty of 20 per cent, ad valorem. Under this act, and our exist- ing treaty with the King of the Netherlands, Java coffee im- ported from the European ports of that kingdom into the United States, whether in Dutch or American vessels, now pays this rate of duty. The government of the Netherlands complains that such a discriminating duty should have been imposed on coffee, the production of one of its colonies, and which is chiefly brought from Java to the ports of that king- 1845.] FIRST ANNUAL MESSAGE. 187 dom, and exported from thence to foreign countries. Our trade with the Netherlands is highly beneficial to both coun- tries, and our relations with them have ever been of the most friendly character. Under all the circumstances of the case, I recommend that this discrimination should be abolished, and tliat the coffee of Java imported from the Netherlands be placed upon the same footing Avith that imported directly from Brazil and otiier countries where it is produced. Under the eio;hth section of the tariff act of the thirtieth of August, 1842, a duty of fifteen cents per gallon was imposed on Port wine in casks ; while, on the red wines of several other countries, when imported in casks, a duty of only six cents per gallon was imposed. This discrimination, so far as reo-arded the Port Avine of Portugal, was deemed a violation of our treaty with that power, which provides, that " No higher or other duties shall be imposed on the importation into the United States of America of any article the growth, produce, or manufacture of the kingdom and possessions of Portugal, than such as are or shall be payable on the like ar- ticle being the growth, produce, or manufacture of any other foreign country." Accordingly, to give effect to the treaty, as well as to the intention of Congress, expressed in a proviso to the tariff act itself, that nothing therein contained should be so construed as to interfere with subsisting treaties with foreign nations ; a treasury circular was issued on the six- teenth of July, 1844, which, among other things, declared the duty on the Port wine of Portugal, in casks, under the existing laws and treaty, to be six cents per gallon, and di- rected that the excess of duties which had been collected on such wine, should be refunded. By virtue of another clause, in the same section of the act, it is provided that all imitations of Port, or any othqr wines, " shall be subject to the duty provided for the genuine article." Imitations of Port wine, the production of France, are imported to some extent into the United States ; and the government of that country now 188 JAMES KNOX POLK. [1845. claims that, under a correct construction of the act, these im- itations ought not to pay a higher duty than that imposed upon the original Port wine of Portugal. It appears to me to be unequal and unjust, that French imitations of Port wine sliould be subjected to a duty of fifteen cents, while the more valuable article from Portugal should pay a duty of six cents only per gallon. 1 therefore recommend to Congress such legislation as may be necessary to correct the inequality. The late President, in his annual message of December last, recommended an appropriation to satisfy the claims of the Texan government against the United States, which had been previously adjusted, so far as the powers of the Exec- utive extend. These claims arose out of the act of disarming a body of Texan troops under the command of Major Snively, by an officer in the service of the United States, acting under the orders of our government ; and the forcible entry mto the custom-house at Bryarly's landing, on Red Fiiver, by certain citizens of the United States, and taking away therefrom the goods seized by the collector of the customs as forfeited under the laws of Texas. Thi.s was a liquidated debt, ascertained to be due to Texas when an independent State. Her accept- ance of the terms of annexation proposed by the United States does not discharrre or invalidate the claim. I recommend that provision be made for its payment. The commissioner appointed to China during the special session of the Senate in March last, shortly afterwards set out on his mission in the United States ship Columbus. On ar- riving at Rio de Janeiro on his passage, the state of his health had become so critical, that, by the advice of his medical at- tendants, he returned to the United States early in the month of October last. Commodore Biddle, commanding the East India squadron, proceeded on his voyage in the Columbus, and was charged by the commissioner with the duty of ex- changing Avith the proper authorities the ratifications of the treaty lately concluded with the Emperor of China. Since 1845.] FIRST ANNUAL MESSAGE. 189 the return of the commissioner to the United States, his health has been much improved, and he entertains the confident be- lief that he will soon be able to proceed on his mission. Unfortunately, differences continue to exist among some of the nations of South America, which, following our example, have estabhshed their independence, while in others internal dissensions prevail. It is natural that our sympathies should be warmly enlisted for their welfare ; that we should desire that all controversies between them should be amicably ad- justed, and their governments administered in a manner to protect the rights, and promote the prosperity of their people. It is contrary, however, to our settled policy, to interfere in their controversies, Avhether external or internal. I have thus adverted to all the subjects connected Avith our foreign relations, to which I deem it necessary to 'call your attention. Our policy is not only peace with all, but good will towards all the Powers of the earth. While v>'e are just to all,- we require that all shall be just ta us. Excepting the differences with Mexico and Great Britain, our relations with all civilized nations are of the most satisfactory character. It is hoped that in this enlightened age, these differences may be amicably adjusted. "The Secretary of the Treasury, in his annual report to Con- gress, will communicate a full statement of the condition of our finances. The imports for the fiscal year ending on the 30th of June last, were of the value of one hundred and sev- enteen millions two hundred and fifty-four thousand five hun- dred and sixty-four dollars, of which the amount exported was fifteen millions three hundred and forty-six thousand eight hundred and thirty dollars— leaving a balance of one hundred and one millions nine hundred and seven thousand seven hundred and thirty-four dollars for domestic consump- tion. The exports for the same year were of the value of one liundred and fourteen millions six hundred and forty-six thousand six hundred and sbv dollars ; of which, the amount 190 JAMES KNOX POLK. [1845. of domestic articles was ninety-nine millions two hundred an4. ninety-nine thousand seven hundred and seventy-six dollars. The receipts into the treasury during the same year were twenty-nine millions seven hundred and sixty -nine thousand one hundred and thirty-three dollars and fifty-six cents ; of which, there were derived from customs, twenty-seven millions five hundred and twenty-eight thousand one hundred and twelve dollars and seventy cents ; from sales of public lands, two millions seventy-seven thousand and twenty-two dollars and thirty cents ; a-nd from incidental and miscellaneous sources, one hundred and sixty-three thousand nine hundred and ninety-eight dollars and fifty-six cents. The expenditures for the same period were twenty-nine millions nine hundi-ed and sixty-eight thousand two hundred and six dollars and ninety-eight cents ; of which eight millions five hundred and eighty-eight thousand one hundred and fifty-seven dollars and sixty-two cents were applied to the payment of the public debt. The balance in the treasury on the first of July last, was seven millions six hundred and fifty-eight thousand three hundred and six dollars and twenty-two cents. The amount of public debt remaining upaid on the first of October last, Vt'as seventeen millions seventy-five thousand four hundred and forty-five dollars and fifty-two cents. Fur- ther payments of the public debt would have been made in anticipation of the period of its reimbursement imder the au- thority conferred ujion the Secretarj' of the Treasurj^ by the acts of July twenty-first, 1841, and of April fifteenth, 1842, and March third, 18,43, had not the unsettled state of our re- lations with Mexico menaced hostile collision with that power. .In view of such a contingency, it was deemed prudent to re- tain in the treasury an amount iinusually large for ordinary purposes. A few years cigo, our whole national debt growing- out of the Revolution and the war of 1812 with Great Britain, was extinguished, and we presented to the world the rare and 1845.J FIRST ANMUAL MESSAGE. 191 noble spectacle of a great and growing people who had fully discharged every obligation. Since that time, the existing debt has been contracted ; and small as it is, in comparison with the similar burdens of most other nations, it should be extinguished at the earliest practicable period. Should the state of the country permit, and, especially, if our foreign relations interpose no obstacle, it is contemplated to apply all tlie moneys in the treasury as they accrue, beyond what is required for the appropriations by Congress, to its liquidation. I cherish the ho;^e of soon beinif able to couo-ratulate the country on its recuvciin,;- once more the lofty position wliich it so recently occupied. Our country, which exhibits to the v.orld the benefits of self-government, in developing all the sources of national prosperity, owes to mankind the perma- nent example of a nation free from the blighting influence of a public debt. 'i'he attention of Congress is invited to the importance of making suitable modifications and reductions of the rates of* duty imposed by our present tariff laws. The object of im- posing duties on imports should be to raise rev^enue to paiy the necessary expenses of government. Congress may, un- doubtedly, in the exercise of a sound discretion, discriminate in arranging the rates of duty on different articles ; but the discriminations shovdd be within the revenue standard, and be made with a view to raise money for the support of govern- ment. It becomes important to understand distinctly what is meant by a revenue standard, the maximum of which should not be exceeded in the rates of duty imposed. It is conceded, and experience proves, that duties may be laid so high as to di- minish, or prohibit altogether, the importation of any given article, and thereby lessen or destroy the revenue which, at lower rates, would be derived from its importation. Such duties exceed the revenue rates, and are not imposed to raise money for the support of governm-ent. If Congress levy a 192 JAMES KNOX POLK. [1845. duty, for revenue, of one per cent, on a given article, it will produce a given amount of money to the treasury, and will incidentally and necessarily afford protection, or advantage, to the amount of one per cent, to the home manufacturer of a similar or like article, over the importer. If the duty be raised to ten per cent., it will produce a greater amount of money, and afford greater protection. If it be still raised to twenty, twenty-five or thirty per cent., and if, as it is raised, the revenue derived from it is found to be increased, the pro- tection or advantage will also be increased ; but if it be raised to thirty-one per cent., and it is found that the reve- nue produced at that rate is less than thirty per cent., it ceases to be a revenue duty. The precise point in the as- cending scale of duties at which it is ascertained from experi- ence that the revenue is greatest, is the. maximum rate of duty which can be laid for the hona fide purpose of collecting jnoney for the support of government. To raise the duties higher than that point, and thereby diminish the amount col- lected, is to levy them for protection merel3', and not fir revenue. As long, then, as Congress may gradually increase the rate of duty on a given article, and the revenue is in- creased by such increase of duty, they are within the revenue standard. When they go beyond that point, and, as they increase the duties the revenue is diminished or destroyed, the act ceases to have for its object the raising of money to support government, but is for protection merely. It does not follow that Congress should levy the highest duty on all articles of import which they will bear within the revenue standard ; for such rates would pj-obably produce a much larger amount than the economical administration of the government would require. Nor does it follow that the duties on all articles should be at the same or a horizontal rate. Some articles will bear a much higher revenue duty than others. Below the maximum of the revenue standard Con- gress may and ought to discriminate in the rates imposed, tak- 1845-] FIRST ANNUAL MESSAGE. 193 ing care so to adjust them on different articles as to produce in the aggregate, the amount which, when added to the pro- ceeds of the sales of public lands, may be needed to pay the economi,€al expenses of government. In levying a tariff of duties. Congress exercises the taxing power, and for purposes of revenue may select the objects of taxation. They may exempt certain articles altogether, and permit their importation free of duty. On others they may impose low duties. In these classes may be embraced such articles of necessity as are in general use, and especially such as are consumed by the laborer and the poor as well as by the wealthy citizen. Care should be taken that all the great interests of the country, including manufactiu-es, agriculture, commerce, navigation and the mechanic arts, should, as far as may be practicable, derive equal advantages from the inci- dental protection which a just system of revenue duties may afford. Taxation, direct or indirect, is a burden, and it should be so imposed as to operate as equally as may be, on all classes, in the proportion of their ability to bear it. To make the taxing power an actual benefit to one class, necessarily mcreases.the burden of the others beyond their proportion, and wovdd be manifestly unjust. The terms " protection to domestic industry," are of pop- ular import ; but they should apply under a just system to all the various branches of industry in our country. The farmer or planter who toils yearly in his fields, is engaged in " domestic industry," and is as much entitled to have his labor " protected," as the nmnufactui'er, the man of commerce, the navigator, or the mechanic, who are engaged also in " domes- tic industry " in their different pursuits. The joint labors of all these classes constitute the aofffrerate of the " domestic industry " of the nation, and they are equally entitled to the nation's " pi'otection." No one of them can justly claim to be the exclusive- recipients of "protection," which can only be afforded by increasing burdens on the " domestic indus- try " of the others. 194 JAMES KNOX POLK. [1845. If these A'iews be correct, it remains to inquire how far the tariff act of 1S42 is consistent with them. That many of the provisions of that act are in violation of the cardinal principles here laid down, all must concede. The rates of duty^imposfed by it on some articles are prohibitory, and on others so high as greatly to diminish importations, and to produce a less amount of revenue than would be derived from lower rates. They operate as " protection merely," to one branch of " do- mestic industry," by taxing other branches. By the introduction of minimums, or assumed and false values, and by the imposition of specific duties, the injustice and inequahty of the act of 18-42, in its practical operations on different classes and pursuits, are seen and felt. Many of the oppressive duties imposed by it under the operation of these principles, range from one per cent., to more than two hundred per cent. They are prohibitory^ on some articles, and partially so on others, and bear most heavily on articles of common neces- sity, and but lightly on articles of luxury. It is so framed that much the greatest burden Avhich it imposes is thrown on labor and the poorer classes who are least able to bear it, while it protects capital, and exempts the rich from paying their just proportion of the taxation required for the support of government. While it protects the capital of the Avealthy manufacturer, and increases his profits, it does not benefit the operatives or laborers in his employment, whose wages have not been increased by it. Articles of prime necessity or of coarse quality and low price, used by the masses of the peo- ple, are in many instances subjected by it to heavy taxes, while articles of finer quality and higher price, or of luxury, which can be used only by the opulent, are lightly taxed. It imposes heavy and unjust burdens on the farmer, the planter, the commercial man, and those of all other pursuits except the capitalist who has made his investments in manufactures. All the great interests of the country are not, as nearly as may be practicable, equally protected by it. 1845.] FIRST ANNUAL MESSAGE. 195 The government, in theory, knows no distinction of per- sons or classes, and should not bestow upon some favors and privileges which all others may not enjoy. It was the pur- pose of its illustrious founders to base the institutions which they reared upon the great and unchanging principles of jus- tice and equity, conscious that if administered in the spirit in which they were conceived, they would be felt only by the benefits which they diffused, and would secure for themselves a defence in the hearts of the people, more powerful than standing, armies, and all the means and appliances invented to sustain governments founded in justice and oppression. The well-known fact, that the tariff act of 1842 was passed by a majority of one vote in the Senate, and two in the House of Representatives, and that some of those who felt them- selves constrained, under the peculiar circumstances existing at the time, to vote in its favor, proclaimed its defects, and ex- pressed their determination to aid in its modificaton on the first opportunity, affords strong and conclusive evidence that it was not intended to be permanent, and of the expediency and necessity of its thorough revision. In recommending to Congress a reduction of the present rates of duty, and a revision and modification of the act of 1842,'Iamfar from entertaining opinions unfriendly to the manufacturers. On the contrary, 1 desire to see them pros- perous, as far as they can be so, without imposing unequal burdens on other interests. The advantage under any sys- tem of indirect taxation, even within the revenue standard, must be in favor of the manufacturing interest ; and of this no other interest Avill complain. I recommend to Congress the abolition of the minimum principle, or assumed, arbitrary, and false values, and of spe- cific duties, and the substitution in their place of ad valorem duties, as the fairest and most equitable indirect tax which can be imposed. By the ad valorem principle, all articles are taxed according to their cost or value, and those which are 196 JAMES KNOX POLK. [1845. of inferior quality, or of small cost, bear only the just pro- portion of the tax with those which are of superior quality or l^reater cost. The articles consumed by all are taxed at the same rate. A system of ad valorem revenue duties, with proper discriminations and proper guards against frauds in collecting them, it is not doubted, will afford ample incidental advantages to the manufacturers, and enable them to derive as great jDrofits as can be derived from any other regular busi- ness. It is believed that such a system, strictly within the revenue standard, v/ill place the manufacturing interests on a stable footing, and enure to their permanent advantage ; while it will, as nearly as may be practicable, extend to all the {••reat interests of the country the incidental protection which can be afforded by our revenue laws. Such a system, when once firmly established, would be permanent, and not be sub- ject to the constant complaints, agitations and changes which must ever occur, when duties are not laid for revenue, but for the " protection merely" of a favored interest. In the deliberations of Congress on this subject, it is hoped that a spirit of mutual concession and compromise between conflicting interests may prevail, and that the result of their labors may be crowned with the happiest consequences. By the constitution of the United States it is provided, that " no money shall be drawn from the treasury but in conse- quence of appropriations made by law." A public treasury was undoubtedly contemplated and intended to be created, in which the public money should be kept from the period of collection until needed for public uses. In the collection and disbursement of the public money, no agencies have ever been employed by law, except such as were appointed by the government, directly responsible to it, and under its control. The safe keeping of the public money should be confided to a public treasury created by law, and under like respon-sibility and control. It is not to be imagined that the framers of the constitution could have intended that a treas- 1845. j FIRST ANNUAL MESSAGE. 197 ury should be ci'eated as a place of deposit and safe-keeping of the public money which was irresponsible to the govern- ment. The first Congress under the constitution, by the act of the second September,- 1789, " to establish the Treasury Department," provided for the appointment of a treasurer, and made it his duty " to receive and keep the moneys of the United States," and " at all times to submit to the Secretary of the Treasury and the Comptroller, or either of them, the inspection of the moneys in his hands." That banks, national or State, could not have been intended to be used as a substitute for the treasury spoken of in the constitution, as keepers of the public money, is manifest from the fact, that at that time there was no national bank, and but three or four State banks of limited capital existed in the country. Their employment as depositories was at first re- sorted to, to a hmited extent, but Avith no avowed intention of continuing them permanentl}', in place of the treasury of the constitution. When they were afterwards from time to time employed, it was from motives of supposed convenience. Our experience has sliown, that when banking corporations have been the keepers of the public money, and been thereby made in effect the treasury, the government can have no guar- anty that it can command the use of its own money for pub- lic purposes. The late Bank of the United States proved to be faitliless. The State banks, which Avere afterwards em- ployed, were faithless. But a few years ago, Avith millions of public money in their keeping, the government Avas brought almost to bankruptcy, and the public credit seriously im- paired, because of their inability or indisposition to pay, on demand, to the public creditors, in the only currency recog- nized by the constitution. 'I'heir failure occurred in a period of peace, and great inconvenience and loss Avere suffered by the public from it. Had the country been involved in a for- eign Avar, that inconvenience and loss Avould have been much greater, and might have resulted in extreme public calamity. 198 JAMES KNOX POLK. [1845. The public money should not be min:^led with the private funds of banks or individuals, or be used for private pur- poses. When it is placed in banks for safe keeping, it is in effect loaned to them without interest, and is loaned by thern upon interest to the borrowers from tliem. The public money is converted into banking capital, and is used and loaned out for the private profit of bank stockholders ; and wdien called for (as was the case in 1 837), it may be in the pockets of the borrowers from the banks, instead of being in the public treasury contemplated by the constitution. The framers of the constitution could never have intended that the money paid into the treasury should be thus converted to private use, and placed beyond the control of the government. Banks Avhich hold the public money are often tempted, by a desire to gain, to extend their loans, increase their circula- tion, and tluis stimulate, if not produce a spirit of speculation and extravagance, which sooner or later must result in ruin to thousands. If the public money be not permitted to be thus used, but be kept in the treasury and paid out to the public creditors in gold and silver, the temptation afforded by its deposite with banks to an undue expansion of their busi- ness, would be checked, Avhile the amount of the constitu- tional currency left in circulation would be enlai'ged, by its employment in the public collections and disbursements, and the banks themseh es would, in consequence, be found in a safer and sounder condition. At present. State banks are employed as depositories, but without adequate regulation of law, wdiereby the public mon ey can be secured against the casualties and excesses, revul sions, suspensions, and defalcations, to which, from over-issues over-trading, an inordinate desire for gain, or other causes- they are constantly exposed. The Secretary of the Treasury lias in all cases, when it was practicable, taken collateral se- curity for the amount which they hold, by the pledge of stocks of the United States, or such of the States as were in 1845.] FIRST ANNUAL MESSAGE. 199 good credit. Spme of the depositc banks have given this description of security, and others have dechned to do so. Entertaining the opinion that " tlie separation of the moneys of the government from banking institutions is indispensable for the safety of the funds of the government and the rights of the people," I recommend to Congress that provision bo made by law for such separation, and that a constitutional treasury be created for the safe-keeping of the public mpney. The constitutional treasuiy recommended is designed as a se- cure depository for the public money, without any power to make loans or discounts, or to issue any paper whatever as a currency or circulation. I cannot doubt that such a treasury as was contemplated by the constitution, should be independ- ent of all banking corporations. The money of the people should be kept in the treasury of the people created by law, and be in the custody of agents of the people chosen by themselves, according to the form of the constitution ; agents who are directly responsible to the government, who are un- der adequate bonds and oaths, and who are subject to severe punishments for any embezzlement, private use, or misappli- cation of the public funds, and for any failure in other respects to perform their duties. To say that the people of their gov- ernment are incompetent, or not to be trusted with the cus- tody of their own money, in their own treasury, provided by tliemselves, but must rely on the presidents, cashiers, and stockholders of banking corporations, not appointed by them, nor responsible to them, would be to concede that they are incompetent for self-government. In recommending the establishment of a constitutional treasury, in which the public money shall be kept, I desire that adequate provision be made by law for its safety, and that all executive discretion or control over it shall be remov- ed, except such as may he necessary in directing its dis- bursements in pursuance of appropriations made by law. Under our present land system, limiting the mmimum price 200 JAMES KNOX POLK. [1845 at which the public lands can be entered to one dollar and twentv-five cents per acre, large quantities of lands of inferior quality remain unsold, because they will not command that price. From the records of the General Land Office it ap- pears, that, of the public lands remaining unsold in the seve- ral states and territories in which they are situated, thirty-nine millions one hundred and five thousand five hundred and sev- enty-^even acres have been in the market, subject to entry, more than twenty years ; forty-nine millions six hundred and thirty-eight thousand six hundred and forty-four acres for more than fifteen years ; seventy-three millions seventy-four thousand and six hundred acres for more than ten years ; and one hundred and six miUions one hvmdred and seventy-six thousand nine hundred and sixty-one acres for more than five years. Much the largest portion of these lands will continue to be unsaleable at the minimum price at which they are per- mitted to be sold, so long as large territories of lands from which the more valuable portions have not been selected are annually brought into market by the government. With the view to the sale and settlement of tliese inferior lands, I rec- ommend that the price be graduated and reduced below the present minimum rate, confining the sales at the reduced pri- ces to settlers and cultivators in limited quantities. If grad- uated and reduced in price for a limited term to one dollar per acre, and after the expiration of that period, for a second and third term to lower rates , a large portion of these lands Avould be purchased, and many worthy citizens, who are unable to pa) higher rates, could purchase homes for themselves and their families. By adopting the policy of graduation and reduction of price, these inferior lands will be sold for their real value, while the states in Avhich they lie will be freed from the in- convenience, if not injustice to which tliey are subjected, in consequence of the United States continuing to own large quantities of public lands within their borders, not liable to taxation for the support of their local governments. 1845.] FIRST ANNUAL MESSAGE. 201 I recommend the continuance of the policy of granting pre- emptions, in its most liberal extent, to all those who have settled, or may hereafter settle, on the public lands, whether surveyed or unsurveyed, to which the Indian title may have been extinguished at the time of settlement. It has been found by experience, that in consequence of combinations of purchasers and other causes', a very small quantity of the pubhc lands, when sold at public auction, commands a higher price than the minimum rate estabhshed by law. The settlers on the public lands are, however, but rarely able to secure their homes and improvements at the public sales at that rate ; because these combinations, by means of the capital they command, and their superior ab.iity to purchase, render it im- possible for the settler to compile with them in the market. By putting down all competition, these combinations of capi- talists and speculators are usually enabled to purchase the lands, including the improvements of the settlers, at the mini- mum pri6e of the government, and either turn them out of their homes, or extort from them, according to their ability to pay, double or quadruple the amount paid for them to the government. It is to the enterprise and perseverance of the hardy pioneers of the west, who penetrate the wilderness with their families, suffer the dangers, the privations and hardships attending the settlement of a new country, and prepare the way for the body of emigrants who, in the course of a few yeai-s, usually follow them, that we are, in a great degree, in- indebted for the rapid extension and aggrandizement of our country. Experience has proved that no portion of our population are more patriotic than the hardy and brave men of the fron- tier, or more ready to obey the call of their country, and to defend her rights and her honor, whenever and by whatever ^nerny assailed. They should be protected from the grasp- ing speculator, and secured, at the minimum price of tne public lands, in the humble homes whijch they have improved 9* 202 JAMES KNOX FOLK. [1845- by their labor. With this end in view, all vexatious or un- necessary restrictions imposed upon them by the existing pre- emption laws, should be repealed or modified. It is the true pohcy of the government to afford facihties to its citizens to become the owners of small portions of our vast public domain at low and moderate rates. The present system of managing the mineral lands of the United States is beheved to be radically defective. More than a million of acres of the public lands, supposed to contain lead and other minerals, have been reserved from sale, and numerous leases upon them have been granted to individuals upon a stipulated rent. The system of granting leases has proved to be not only unprofitable to the government, but unsatisfactory to the citizens who have gone upon the lands, and must, if continued, lay the foundation of much future difficulty between the government and the lessees. Accord- ing to the official records, the amount of rents received by the government for the years 1841, 1842, 1843, and 1844, was $6,3^4. 74, while the expenses of the system during the same period, including salaries of superintendents, agents, clerks, and incidental expenses, Avcre twenty-six thousand one hundred and eleven dollars and eleven cents — the income being less than one-fourth of the expenses. To this pecuni- ary loss may be added the injury sustained by the public in consequence of the destruction of timber, and the careless and wasteful manner of working the mines. The system has given rise to much litigation between the United States and individual citizens, producing imtation and excitement in the mineral region, and involving the government in heavy addi- tional expenditures. It is believed that similar losses and embarrassments will continue to occur, while the present system of leasing these lands remains unchanged. These lands are now under the superintendence and care of the War Department, with the ordinary duties of which they have no proper or natural connexion. I recommend the re- 1845.] FIRST ANNUAL MESSAGE. 203 peal of the present system, and that these lands be placed under the superintendence and management of the General Land Office, as other public lands, and be brought into mar- ket and sold upon such terms as Congress in their* wisdom may prescribe, reserving' to the government an equitable per centage of the gross amount of mineral product, and that the preemption principle be extended to resident miners and set- tlers upon them, at the minimum price which may be estab- lished by Congress. I refer you to the accompanying report of the Secretary of War, for information respecting the present situation of the army, and its operations duiing the past year ; the state - of our defences ; the condition of the public Avorks ; and our relations with the various Indian tribes within our limits or upon our borders. I invite your attention to the suggestions contained in that report, in relation to tliese prominent objects of national interest. When orders were given during the past summer for concen- trating a military force on the western frontier of Texas, our troops Avere Avidely dispersed, and in small detachments, occu- pying posts remote from each other. The prompt and expedi- tious manner in w^iich an army, embracing more than half our peace establishment, Avas drawn together on an emergency so sudden, reflects great credit on the officers who were entrusted with the execution of these orders, as well as upon the disci- pline of the army itself. To be in strength to protect and defend the people and territory of Texas, in the event Mexico should commence hostilities, or invade her territories Avith a large army, which she threatened, I authorized the general assigned to the command of the army of occupation to make requisitions for additional forces from scA-eral of the States nearest the Texan territory, and which could most expeditiously furnish them, if, in his opinion, a larger force than that under his command, and the auxiliary aid Avhich, under like circumstances, he was author- 204 JAMES KNOX POLK. [1845. ized to receive from Texas, should be required. The con- tingency upon which the exercise of this authority depended, has not occurred. The circumstances under which two com- panies of State artillery from the city of New Orleans were sent into Texas, and mustered into the ser\-ice of the United States, are fully stated in the report of the Secretary of War. I recommend to Congress that provision be made for the payment of these troops, as well as the small number of Tex- an volunteers, whom the commanding general thought it necessary to receive or muster into our service. During the last summer, the first regiment of dragoons made extensive excursions through the Indian country on our borders, a part of them advancing nearly to the possessions of the Hudson's Cay Company in the north, and a part as far as the South Pass of the Rocky Mountains, and the head waters of the tributary streams of the Coloi-ado of the West. The exhibition of this military force among the Indian tribes in those distant regions, and the councils held with them by the commanders of the expeditions, it is-beheved, will have a salutary influence in restraining them from hostilities among themselves, and maintaining friendly relations between them and the United States. An interesting account of one of these excursions accompanies the report of the Secretary of War. Under the directions of the War Department, Brevet Captain Fremont, of the corps of topographical engineers, has been employed, since 1842 in exploring the country west of the Mississippi, and beyond the Rocky Mountains. Tavo expeditions have already been brought to a close, and the re- ports of that scientific and enterprising officer have furnished much interesting and valuable information. He is now en- gaged in a third expedition ; but it is not expected that this arduous service will be completed in season to enable me to communicate the result to Congress at the present session. Our relations with the Indian tribes are of a favorable char- acter. The policy of removing them to a country designed 1845.] FIRST ANNUAL MESSAGE. 205 for their permanent residence west of the Mississippi, and without the hmits of the organized States and territories, is better appreciated by them than it was a few years ago ; while education is now attended to, and the habits of civil- ized life are e-ainino- oround among: them. Serious difficulties of lona: standing: continue to distract the several parties into which the Cherokees are unhappily di- vided. The efforts of the government to adjust the difficul- ties between them have lieretofore proved unsuccessful ; and there remains no probability that this desirable object can be accomplished without the aid of further legislation by Con- gress. I will, at an early period of your session, present the subject for your consideration, accompanied with an exposi- tion of the complaints and claims of the several parties into which the nation is divided, with a view to the adoption of such measures by Congress as may enable the Executive to do justice to them respectively, and to put an end, if possible, to the dissensions which have long pre\ailed, and still prevail, among them. I refer you to the report of the Secretary of the Navy for the present condition of that branch of the national defence, and for grave suggestions, having for their object the increase of its efficiency-, and a greater economy in its management. During the past j^ear, the officers and men have performed their duty in a satisfactory manner. The orders which have been given, have been executed with promptness and fidelity. A larger force than has often formed one squadron under our flag, was readily concentrated in the Gulf of Mexico, and apparently without vmusual effort. It is especially to be ob- served, that notwithstanding: the union of so considerable a force, no act was committed that even the jealousy of an irri- tated power could construe as an act of aggression ; and that the commander of the squadron, and his officers, in strict conformity to their instructions, holding themselves ever ready for the most active duty, have achieved the still purer glory 206 JAMES KNOX POLK. [1845. of contributing to the preservation of peace. It is believed that at all our foreign stations the honor of our flag has been maintained, and that, generally, our ships of war have been distinguished for their good discipline and order. I am happy to add, that the display of maritime force which was required by the events of the summer, has been made wholly within the usual appropriations for the service of the year ; so that no additional appropriations are required. The commerce of the United States, and with it the navi- gating interest, have steadily and rapidly increased since the oro-anization of our government, until, it is believed, we are now second to but one power in the world, and at no distant day we shall probably be inferior to none. Exposed as they must be, it has been a wise policy to afford to these import- ant interests protection with our ships of Avar, distributed in the great highways of trade throughout the world. For more than thirty years appropriations have been made, and annu- ally expended, for the gradual increjise of our naval forces. In peace, our navy performs the important duty of protecting our commerce ; and, in the event of war, will be, as it has been, a most efficient means of defence. The successful use of steam navigation on the ocean has been followed by the introduction of war-steamers in great and increasing numbers into the navies of the principal mari- time powers of the world. A due regard to our own safety and to an efficient protection to our large and increasing com- merce demands a corresponding increase on our part. Ko country has greater facilities for the construction of vessels of this description than ours, or can promise itself greater advan- tages from their employment. They are admirably adapted to the protection of our commerce, to the rapid transmission of intelligence, and to the coast defence. In pursuance of the wise policy of a gradual increase of our navy, large sup- plies of live-oak timber, and other materials for ship building, have been collected, and are now under shelter and in a state 1845.] FIRST ANNUAL MESSAGE. 20T of good preservation, Avliile iron steamers can be built vrith great facility in vai-ious parts of the Union. The use of iron as a material, especially in the construction of steamers, which can enter with safety many of the harbors along our coast now inaccessible to vessels of greater draught, and the practicability of constructing them in the interior, strongly recommends that libei-al appropriations should be made for this important object. Whatever may have been our policy in the earlier stages of the government, when the nation was in its infancy, our shipping interests and commerce comparatively small, our resources limited, our population sparse, and scarcely extending beyond the limits of the orig- inal thirteen states, that pohcy must be essentially different now that we have grown from three to more than twenty millions of people, — that our commerce, carried in our own ships, is found in every sea, and that our territorial bounda- ries and settlements have been so greatly expanded. Neither our ooramerce, nor our long line of coast on the ocean and on the lakes, can be successfully defended against foreign ag- gression by means of fortifications alone. These are essential at important commercial and military points, but our chief reliance for this object must be on a well organized, efficient navy. The benefits resulting from such a navy are not con- . fined to the Atlantic states. The productions of the interior which seek a market abroad, are directly dependent on the safety and freedom of our commerce. The occupation of the Balize belov/ New Orieans by a hostile force would embar- rass, if not stagnate, the whole export trade of the Mississip- pi, and affect the valley of the agricultural products of ^the entire valley of that miglity river and its tributaries. It has never been our policy to maintain large standing armies in time of peace. They are contrary to the genius of our free institutions, would impose heavy burdens on the people, and be dangerous to pubhc liberty. Our reliance for protection and defence on the land K.ust be mainly on our 208 JAMES KNOX POLK. [1845. citizen soldiers, who Avill be evci- ready, as thev ever liave been ready in times past, to rush with alacrity, at the call of their country, to her defence. This description of force, how- ever, cannot defend our coasts, harbors, and inland seas, nor protect our commerce on the ocean oi- the lakes. These must be piotected by our navy. Considering an increased naval force, and especially of steam vessels, corresponding with our growth and impor- tance as a nation, and proportioned to the increasing naval force of other nations, of vast importance as regards our safety, and the great and growing interests to be protected by it, I recommend the subject to the favorable consideration of Congress. The report of the Post Master General herewith commu- nicated, contains a detailed statement of the operations of his department during the past year. It will be seen that the income from postages will fall short of the expenditures for the year between one and two oiillions of dollars. This de- ficiency has been caused by the leduction of the rates of postage, which was made by the act of the Sd of March last. No principle has been more gonerallv acquiesced in by the people than that tliis department should sustain itself by lim- iting its expenditures to its income. Congress has never sought to make it a source of revenue for general purposes, except for a short period during the last war with Great Brit- ain, nor should it ever become a chai-ge on the general treas- ury. If Congress shall adhere to this principle, as I think tliey ought, it will be necessary either to curtail the present mail service, so as to reduce the expenditures, or so to mod- ify t*lie act of the tliird of March last as to improve its reve- nues. The extension of the mail service, and the additional facilities wiiich will be demanded by tlie rapid extension and increase of population .on our western frontier, will not admit of such curtailment as will materially reduce the present ex- penditures. In the adjustment of the tariff of postages, the 1845.J FIRST ANNUAL MESSAGE. 209 interest of tlie people demand that the lowest rates be adopted which will produce the necessary revenue to meet the expend- itures of the department. I invite the attention of Congress to the suggestions of the Post Master General on this subject, under the behef that such a modification of the late law may- be made as will yield sufficient revenue without further calls on the treasury, and with very httle change in the present rates of postage. Proper measures have been taken, in pursuance of the act of the third of March last, for the establishment of lines of mail steamers between this and foreign counti'ies. The im- portance of this service commends itself strongly to favorable consideration. With the growth of our country, the publ'c business which devolves on the heads of the several Executive Departments has greatly increased. In some respects, the distribution of duties among them seems to be incongruous, and many of these might be transferred from one to another with advan- tage to tliu public interests. A more auspicious time for the consideration of this subject by Congress, with a view to sys- tem in the organization of the several departments, and a more appropriate division of the public business, Avill not probably occur. The most important duties of the State Department relate to our foreign affairs. By the great enlargement of the fami- ly of nations, the increase of our commerce, and the corres- ponding extension of our consular system, the business of this department has been greatly increased. In its present or- ganization, many duties of a domestic nature, and consistino- of details, are devolved on the Secretaiy of State, which do not appropriately belong to the foreign department of the government, and may properly be transferred to some othei department. One of these grows out of the present state ol the law concerning the Patent Office, which, a few years since, was a subordinate clerkship," but has become a distinct bureau 210 JAMES KNOX POLK. [1845. of great importance. With an excellent internal organization, it is still connected with the State Department. In the trans- action of its business, questions of much importance to in- ventors, and to the community, frequently arise, which, by existing laws, are referred for decision to a board, of which the .Secretary of State is a member. These questions are legal, and the connexion Avhich now exists between the State Department and the Patent OfBce, may, with great propriety and advantage, be transferred to the Attorney- General. In his last annual message to Congress, Mr. Madison in- vited attention to a pi'oper provision for the Attorney-Gen- eral, " as an important improvement in the executive estab- lishment." This recommendation was repeated by some of his successors. The official duties of the Attorney-General have been much increased within a few years, and his office has become one of great importance. His duties may be still further increased with advantage to the public interests. As an executive officer, his residence and constant attention at the seat of government are required. Legal questions in- volving important principles, and large amounts of public money, are constantly referred to him by the President and executive departments for his examination and decision. The public business under his official management before the judi- ciary has been so augmented by the extension of our tervito- r}'', and the acts of Congress authorizing suits against the United States for large bodies of A-aluable public lands, as greatly to increase his labors and responsibilities. I therefore recommend that the Attorney- General be placed on the same footing with the heads of the other executive departments, witli such subordinate officers, provided by law for his de- partment, as may be required to dischargi^ the additional du- ties which have been or may be devolved upon him. Congress possess the power of exclusive legislation over the District of Colum.bia ; and I commend the interests of its in- habitants to your favorable consideration. The people of this 1845.] FIRST ANNUAL MESSAGE. 211 District have no legislative body of their own, and must con- fide their local as well as their general interests to represent- atives in whose election they have no voice, and over whose official conduct they have no control. Each member of the National Legislature should consider himself as their imme- diate representative, and should be the more ready to give attention to their interests and wants, because he is not res- ponsible to them. I recommend that a liberal and generous spii'it may characterize your measures in relation to them. I shall ever be disposed to show a proper regard for their wishes ; and, within constitutional limits, shall at all times cheerfully cooperate with you for the advancement of their welfare. I trust it may not be deemed inappropriate to the occasion for me to dwell for a moment on the memory of the most eminent citizen of our country, who, during the summer that is gone by, has descended to the tomb. The enjoyment of contemplating, at the advanced age of near fourscore years, the happy condition of his country, cheered the last hours of Andrew Jackson, who departed this life in the tranquil hope of a blessed immortality. His death was happy, as his life had been eminently useful. He had an unfaltering confidence in the virtue and capacity of the people, and in the perma- nence of that free government which he had largely contrib- uted to establish and defend. His great deeds had secured to him the affections of his fellow-citizens, and it was his happi- ness to witness the growth and glory of his country, which he loved so well. He departed amidst the benedictions of mill- ions of freemen. The nation paid its tribute to his memory at his tomb. Coming generations will learn from his example the love of country and the rights of man. In his language on a similar occasion to the present, " I now commend you, fellow-citizens, to the guidance of Almighty God, with a full reliance on His merciful providence for the maintenance of our free institutions ; and with m earnest supplication, that, 212 JAMES KNOX POLK. [1845.> whatever errors it may be my lot to commit ia discharging; the arduous duties which have devolved on me, will find a remedy in the harmony and wisdom of your counsels." From the inaugural address, and the first annual mes- sage of President Polk, the reader will be able to form a pretty correct idea of the condition of the country with reference both to its domestic and its foreign relations^ and of the views and principles which he laid down, at the outset, for his guidance in administering the govern- ment ; and I have thought proper to insert these papers, here, in order that his position might be defined in his own language, — thus showing more clearly his apprecia- tion and understanding of that position. It is not within the scope or compass of this work, to present a detailed history of his administration. I pro- pose, in the first place, to consider the more prominent and important events connected with the foreign relations of the American government at this period, — as the Ore- gon question, and the war with Mexico^ — and then to present a succinct account or review of his administra- tion. First in the order of time is the Oregon question. Prior to the year 1819, there were three claimants to Oregon, — Great Britain, Spain, and the United States. The first at no time claimed the exclusive sovereignty over the territory to which there were so many conflict- ing titles ; but Spain and the United States had each maintained an exclusive right, though the former, prob- ably on account of the protracted war in Europe and her subsequent contests with her revolted colonies in South America, had not supported her pretensions by making 1845-6. j THE OREGON QUESTION. 213 settlements, or bj permanently occupying the country. Yet Spain always claimed the sovereignty over the whole northwest coast of America, up to the year 1819, by con- tiguity, which is the right of one nation to prevent others from occupying contiguous territory, when the command of it is essential to her security or convenience. Aside from this, the Spanish title was founded upon original discoveries, and it must be conceded to have been better fortified in this respect, than either of the other titles. The first navigator ^vho ever ascended as high as the 43° N. latitude, on the northwestern coast of America, was Ferrelo, a pilot in the service of Spain, who reached that parallel in 1543 ; and in the year 1592, Juan de Fuca, a Greek, also in the Spanish service, discovered and sailed through t!ie strait now bearing his name. For many years the voyage of Fuca was considered fabulous, because repeated efforts were made, without success, to find the straits which he described ; but it was afterwards ascertained that his account corresponded with the geo- graphical features of the adjacent country, as settled by the exploratic-ns and examinations of subsequent navi- gators. For nearly two centuries the nortliwest coast of Amer- ica remained u^visited. In 1774, Bucareli, the viceroy of Mexico, commissioned Juan Perez to proceed, in a Spanish corvette called the Santiago, to the sixtieth de- gree of north latitude, and from that point to make a careful examination of the coast down to Mexico. Perez landed for the first time, on the northwest coast of Queen Charlotte's Island, near latitude 54° N. ; he then coasted along the shore of that island, and the great island of 214 JAMES KNOX POLK. [1845-6. Quadra and Vancouver, and thence along the main land to Monterey, in California. He went on shore several times, and at different places, and held intercourse with the natives. He was the first European navigator that visited Nootka Sound, in 49° 30' N. latitude ; he anchored here on the 9th of August, 1774, and called it the port of San Lorenzo.* In the following year, Bucareli again fitted out the Santiago, and placed it under the command of Bruno He- ceta, with Perez as his ensign ; and also a schooner called the Sonora, which was commanded by Juan de la Bodega y Quadra. These officers were commissioned to examine the northwestern coast of America, as high as 65° N. lat- itude. They landed at various places on the coast, be- tween the 41st and 57th parallels, and on every occasion took possession in the name of their sovereign, according to a prescribed regulation ; they observed all the usual formalities, celebrated mass, read declarations asserl>ing the right of Spain, and erected crosses, with suitable in- scriptions, some of which were afterwards found by the English navigators. Heceta undoubtedly saw the mouth of the Columbia in 1775, which he called the Entrada de Heceta. From the currents and eddies, he supposed ho had discovered the mouth of a large stream, and after his return to Mexico, it was named the Rio de San Roque ; but he was inclined to the opinion that it was the opening of the Straits of Fuca. Quadra, in his expedition, ob- tained the bearings of the whole coast from the 27° to the 58° of north latitude.! * Humboldt's New Spain, (Black's Translation) vol. ii., p. 316, et seq. t Humboldt, ibid., ubi supra. 1845-6.] ENGLISH NAVIGATORS. 215 By virtue of these discoveries, Spain laid exclusive claim to the northwestern coast of America, which she never sur- rendered, either directly or indirectly, until the Conven- tion of the Escurial, commonly called the Nootka Sound Convention, which was concluded in 1790, through the mediation of France. Pending the negotiations which preceded this Convention, the Spanish embassador at Paris, Count Fernan de Nunez, in a communication ad- dressed to M. de Montmorin, the Secretary of the Foreign department of France, on the 16th of June, 1790, insisted that " by the treaties, demarkations, takings of posses- sion, and the most decided acts of sovereignty exercised by the Spaniards in those stations, from the reign of Charles II., and authorized by that monarch in 1692," all the coast of Northwestern America, " on the side of the South Sea [Pacific], as far as beyond what is called Prince William's Sound, which is in the 61st degree," belonged exclusively to Spain. In 1579-80, Sir Francis Drake, in cruising along the western coast of America, for the sole purpose, as avowed by his biographers, of plundering the Spaniards, ascended as high as the 43d or 48th parallel. Fleurieu, in his introduction to Marchand, asserts that Drake sailed as far north as 48°, "yet Hakluyt, who wrote almost at the time that Drake flourished, informs us, that he got no higher than 43, having put back at that point, from the ' extreme cold.' "* England made no use of Drake's discovery, though her ministers were at one time inclined to go back to it to support their title ; and in 1845, her * Rush's Residence at the Court of London, p. 606. 216 JAMES KNOX POLK. [1845. embassador at Washington, Mr. Pakenham, deliberately abandoned all the discoveries of England north of the • 42d degree, prior to those of Captain Cook, " as not suf- ficiently authenticated."* Captain Cook sailed from England in 1776, to dis- cover, if possible, the northwest passage supposed to connect the Atlantic and Pacific oceans. The Spanish discoveries on the northwestern coast of America had already been made public, and he admits in his journal that he had heard of them. In 1778, he saw Cape Flat- tery, but he did not know it was the southern extremity of the Straits of Juan de Fuca, and he never landed any- where on the continent south of Nootka Sound. After leaving Nootka, he did not touch the coast again till he reached 57° N. latitude. Such, ^nd so unimportant, were the discoveries of Cook. Yet they constituted the corner-stone of the English title, and we cannot wonder that a most frail superstructure v»as reared, on a founda- tion so unsubstantial. Another link, still more defective, in the English title, was the discovery of the Straits of Fuca by Captain Berkeley, a British subject, in 1787. But Juan de Fuca had seen them, and sailed through them, nearly two hun- dred years before ; and besides, Captain Berkeley was in the employment of Au-tria, and sailed under her colors. After the death of Captain Cook, his vessels sailed foj' Canton, where the furs which they had procured on the northwest coast of America, were disposed of to great ad- vantage. Attracted by the hope of gain. Lieutenant * Communication of Mr. Pakenbam to Mr. Buchanan, July 29, 1845. 1845-6. J NOOTKA SOUND CONVENTION. 217 Meares, a British officer, sailed from Macao, with a few companions, in 1788, on a strictly mercantile expedition, and under th-e Portuguese flag. He attempted to find the Rio de San Roque, or Columbia River, as it was in a few years called ; but after considerable examination, he denied the existence of the stream, and named the northern cape of the bay at its mouth. Cape Disappoint- ment. He established himself and his companions at Nootka Sound, and commenced trading with the Indians for furs. When the Viceroj^ of Mexico heard of his pro- ceedings, he dispatched Martinez, a Spanish officer, with three armed vessels, with orders to drive off the intrud- ers. This was done in May, 1789. Martinez seized Meares' vessels and took his men prisoners ; and he also erected a fort at Nootka. Spain then demanded satisfaction for this intrusion upon her possessions, and England met the demand by a claim for redress for the injury to Meares and his prop- erty. After some display of warlike preparations, through the mediation of France, the two governments united in the Convention of the Escurial, or the Nootka Sound Convention, which was concluded on the 28th of October, 1790. By this convention it was stipulated, tbat the buildings and tracts of land of which Meares had been dispossessed, should be restored ; that the respect- ive subjects of England and Spain should not be disturbed in navigating or fishing in the Pacific or in the South Si-as, or in landing on the coast of those seas in places not already occupied, for the purpose of commerce with the natives, or of making settlement there ; and tliut in all places on the coast north of 38°, wherever the subjects 10 218 JAMES KNOX FOLK. [1845-6. of either nation should thereafter make settlements, the subjects of the other were to have free access.* Viewed in connection with the origin of the difficulty between England and Spain, which was settled by the Nootka Convention, the object of that agreement was ob- vious. England desired to protect her subjects engaged in the fur trade, and the settlements referred to were cer- tainly nothing more than trading posts or establishments. She made no claim of sovereignty over the territory, nor did Spain on the other hand yield any rights which she had acquired by her prior discoveries. Immediately after the conclusion of the Nootka Con- vention, Captain Vancouver was dispatched by the British government, to receive the surrender of the buildings and tracts of land of which Meares and his companions had been dispossessed. A hut was offered to him which he refused to take, arid he then left Nootka Sound in the possession of the Spaniards, who remained there till 1795, when they voluntarily abandoned the place. There is no evidence that any lands were ever restored to Meares ; Vancouver makes no mention of it in his jour- nal ; and the presumption is strong, therefore, against it. One thing is certain, however, — that the British never agaui reoccupied Nootka Sound, until the Oregon question was finally settled. Additional instructions were given to ■ Captain Van- couver, to survey the northwest coast of America, under which he subsequently performed the ridiculous farce of taking possession of it in the name of his government. He sailed round Vancouver's Island, to which, by an * Articles 1, 3, 5. 1845-6.] CAPTAIN VANCOUVER. 219 understanding with tlie Spanish navigator, the joint name of " Quadra and Vancouver" was given. He took pos- session, in the first place, of the coast from latitude 39° 20' N. to the straits of Fuca, and afterward, from the straits to the 59th parallel. This assumption of sover- eignty was totally inconsistent with the Nootka Sound Convention; and its absurdity was so manifest, that when Mexico extended her settlements into the territory on the south, and Russia on the north, England uttered not a word of complaint. While Vancouver Avas upon the coast, he encountered Captain Robert Gray, an American trader, on the 29th of April, 1T92, who informed him that he (Gray) had discovered the mouth of a large river, to which he had given the name of his vessel, the Columbia, but was unable to enter it. Vancouver disbelieved the account he heard, but Gray returned to the river a-nd succeeded in entering it. Subsequent to this, Vancouver obtained copies of Gray's charts, at Nootka Sound, by the aid of which he found the mouth of the Columbia, and sent Lieutenant Broughton to explore it, who went up to the rapids, about one hundred miles, in his cutter. There is one important fact connected with the dis- coveries .on the northwest coast of America, which shows the weakness of the claims of Gr^at Britain, and the efforts of her navigators to eke out their title by infer- ence and presumption. Wherever they found that a Spanish name had been given to a place, they were ex- tremely careful to substitute an English one, in accord- ance with the custom, says M. de Mofras, " of British navigators, who never fail to substitute English names for 220 JAMES KNOX POLK. [1845. those previously given by discoverers belonging to other nations."* Thus the name of New Albion was given to California ; and thus Cook changed Cape Blanco to Cape Gregory, and the port of San Lorenzo to King George's Sound, — and Vancouver, Cape Diligencias to Cape Oxford, and the Canal of Rosario to the Gulf of Georgia. But whatever rights England might have acquired in Oregon, under the Nootka Sound Convention, the war between her and Spain, in 1796, terminated that con- vention, and it was neVer again revived, as it could not have been without an express agreement entered into be- tween the original parties. By the additional articles to the treaty of Madrid, concluded in August, 1814, it was indeed provided, that, pending the negotiation of a new treaty of commerce. Great Britain should be admitted to trade with Spain upon the same conditions as those which existed previously to 1796, — all preexisting treaties of commerce being ratified and confirmed. The Nootka Convention, however, was not a commercial one ; it was simply a reciprocal agreement not to interfere in trading with the Indians for furs ; and it was not therefore re- vived. Furthermore, the stipulation in the additional articles had reference only to the direct trade with Spain ; for that government never conceded the privilege of trading with her dblonies, except in a single instance, w^hich was soon abrogated ; and this position is conclu- sively established by the fact, that in this very treaty of 1814, Great Britam procured the insertion of a provision, * Exploration du Territoire de I'Oregon, des Californies, etc., torn, ii., p. 138 1845-6. J THE ENGLISH CLAIM. 221 that if th'e colonial possessions of Spain were opened to foreign nations, she should be placed on a footing with the most favored countries. So weak was the title based upon the Nootka Conven- tion, that the British Commissioners in 1818 never even referred to it, or claimed any rights whatsoever under it ; yet, in 1826, the negotiators, Messrs. Huskisson and Addington, rested the English claim mainly upon this Convention, which had been terminated by the war of 1796, and never revived. In addition to the discoveries 'alleged to have been made by sea, England based her title partly on those made overland. In 1793, Sir Alexander Mackenzie, being then in the employ of the North-west Company, discovered Frazer's river, and descended it for two Hun- dred and fifty miles ; he then struck off to the west, and reached the Pacific ocean in latitude 52^ 20'. But it must be remembered, that the Nootka Sound Convention was at this time in full force, and that Mackenzie was in the service of a fur company, and looking for favorable points at which to open a trade with the Indians, as English subjects were authorized to do by that Conven- tion. In 1806, Frazer, a partner of the North-west Company, established a trading post on a small lake, called Frazer's lake, near the 54th parallel ; but he never approached the branches of the Columbia river, and never saw it till after Astoria was established. Frazer's post was the first permanent establishment ever made by tho North-west Company, or by British sub- jects, west of the Rocky Mountains.* In 1811, a per- * Harmon's Journal of Voyages and Travels. 222 JAMES KNOX POLK. [1845-6. son bj the name of Thompson, the astronomer of the North-west Company, in an unsuccessful attempt to an- ticipate Mr. Astor in establishing a post at the mouth of the Columbia, discovered the main northern branch of that stream, and erected some huts on its banks. Mr. Astor subsequently transferred his establishment to the North- west Company ; and the latter Avas afterward united with the Hudson's Bay Company. Tiil.s last company had tAvo establishments in Oregon — one at Vancouver, on the. Columbia river, and the otlier at Fort Nisqually, on Pugot's Sound — when the boundary question was de- termined. These discoverlesj treaties, and settlements, constitu- ted the basis and support of the English claim te Oregon. Contrasted with the Spanish discoveries, those made by the navigators of Great Britain appear paltry and incon- siderable in the extreme ; and in regard to the 'priority of the former, there cannot be a doubt. But one treaty ever existed, under which England could have derived any title ; this was the Nootka Sound Convention, whioli, after the war of 1796, had no force or effect. The only establishments or settlements made by British subjects, were so made, either under the Nootka Sound Convention, or by the North-west and Hudson's Bay Companies. The settlements made by those companies were never consid- ered as national possessions. On the contrary, the Hud- son's Bay Company, which succeeded to the rights of both, was not authorized by the act pf parliament under which its charter was granted,* nor by the charter itself, to make permanent settlements of a national character * 1 and 2 George IV., cap. 66. 1845-6. J THE AMERICAN TITLE. 223 to grant lands or to hold them ; but only to enjoy the rio-ht of trading with the Indians, to the exclusion of other British subjects.* If, therefore, Spain failed to support her rights acquired by prior discovery, by occupancy ■within a reasonable time, England, on the other hand, did not secure " the real possession" soon after discovery, ne- co^sary to have her sovereignty acknowledged by the law of nations.! The American title was based on discovery, treaty, settlement, and conLuiuity. For several years prior to 1792, Roberjt Gray, of Boston, the captain of a merchant vessel* sailing under the American flag, was employed in trading; with the Indians on the northwest coast of Ameri- ca. He landed and made discoveries and explorations at various points. In June, 1789, he explored the whole eastern coast of Queen Charlotte's Island. In the au- tumn of that year, Capt. John Kendrick, also an Ameri- can, sailed through the Straits of Fuca. Early in 1791, Gray returned to the northern Pacific in the ship Colum- bia, and in the course of the ensuing summer, he examin- ed many inlets and passages between 54'' and oQ° north latitude. In April, 1792, he satisfied, himself of the ex- istence of th.e great river to which he gave the name of his vessel. After his interview with Vancouver, he dis- covered Bullfinch's harbor, on the 7th of May, 1792 ; and on the 11th instant, he again saw the mighty Colum- bia rolling its broad flood of waters into the Pacific. He succeeded in entering the mouth of the river, and was the first white navigator that ever crossed the bar. * Hudson's Bay Company Charters— House of Commons, No. 547, 1842. t Vattel, Book i.. cap. 18. 224 JAMES KNOX POLK. [1845-6. This he accomplished in safety, with the American flag flying at the mast-head of his vessel. He then sailed up the channel a distance of twenty-five miles, and remain- ed in the stream nine days engaged in trading with the Indians. Capt. Gray, it is true, did not command a na- tional vessel, but he carried the national flag ; and if his discoveries amounted to nothing more, they prevented other nations from acquiring any rights by subsequent discoveries. But an American merchantman, sailing un- der her proper flag, is regarded as a part and parcel of our soil ; an outrage committed on her, in Avhatsoever clime, is an outrage on the nation ; if she violates a trea- ty or convention with other countries, she is amenable to our laws ; and if she makes discoveries, why should they not enure to the benefit of the countrj^ that afibrds her protection, and to which she owes allegiance ? Upon the discoveries made by Gray, the American government founded their claim to Oregon ; and they in- sisted, more particularly, on their title to the territory drained by the Columbia, the existence of which he was the first positively to establish. This, territory extends from about the 42"^ to the 53° N. latitude. The right to a country thus drained by a river, on the discovery of its mouth, had been, previously claimed by England and France, on various occasions.* In 1803, the American claim was strengthened by the purchase of Louisiana from France. The boundaries of this purchase, so far as Spain was concerned, were some- * Charters of Elizabeth to Sir Humphrey Gilbert in 1578, and to Sir Walter Raleigh in 1584 ; of James I. to Sir Thomas Gates, in 1606 and 1607 ; Georgia Charter, 1732 ; and charter of Louis XIV. to Crozat, 1712. 1845-6. J OVERLAND DISCOVERY, ETC. 225 what indefinite ; but by the treaty of 1763, between Eng- land and France, under Avhich the former now holds her Canadian possessions, it \vas agreed that for the future, the confines between the British and French dominions in that part of the world, should " be fixed irrevocably by a line drawn along the middle of the river Mississippi, from its source to the river Iberville, and from thence by a line drawn along the middle of this river, and the lakes Maurepas and Pontchartrain, to the sea." By this trea- ty. Great Britain surrendered all claim and title to the territory lying between the Mississippi and the Pacific, and sotith of its source, or the 49th parallel ; and when the United States acquired the rights of FrancCj in 1803, they had a complete title by continuity, if not otherwise, as against any country except Spain, to that territory, — that is, as against England, they had a right to extend themselves to the Pacific ocean. This title by continui- ty was no mere assumption. It has repeatedly been as- serted on the discovery of new countries ; at the time of the colonization of North America, it was insisted that a settlement on the Atlantic coast gave a claim across the continent; and the enlarged charter of the first colony of Virginia granted the territory from sea to sea. Overland discoveries were also made by the American government. In 1804-5, Lewis and Clarke, under the orders of President Jeiferson, explored the Columbia river from its sources to its mouth, — thus strengthening the claim derived from the discovery of the river by Gray, and confirming the title by continuity. Previous to 1810, Mr. Henry, an agent of the Missouri Fur Company, established a trading post on the bank of Lewis river, 9* 226 JAMES KNOX POLK. [1845-6. but was compelled to abandon it, on account of the hos- tility of the Indians, and the want of provisions. In the month of March, 1811, Astoria was founded near the mouth of the Columbia, by John Jacob As tor, of New York, who built a small fort there for the protection of the settlement. Other trading posts for procuring furs were shortly after established along the banks of the river, for six hundred and fifty miles above its mouth. Fearing for the safety of the property of the American Fur Com- pany, on account of the war with Great Britain, and the encroachments of the North-west Company, Mr. Astor transferred it to the latter, by sale, on the 16th o^ Octo- ber, 1813. This transfer embraced private property only, and conveyed no title to land or jurisdiction. The American flag was kept flying on the fort till the 1st of December, 1813, when the place surrendered to a British sloop-of-war. The British standard was then hoisted ; and this was the first act of occupancy, by authority, on the part of Great Britain. The post, called by the Brit- ish Fort George, was. restored to the United States under the treaty of Client, when the English flag was struck, and the stars aiul stripes once more unfurled in its stead. This certainly was an exercise of sovereignty on the part of the American government, and an acknowledgment of it by England, ahhough it was afterward claimed by the latter, that she had only given up the possession, but had reserved the question of title. Astoria was subsequently abandoned by the Ameri- cans ; but a number of missionaiy and other settlements were made in Oregon at a later day, by American citi- zens, ai?si j^nder the auspices, and v.ith the consent, of 1845-6. J TREATIES WITH RUSSIA. 22T their government ; and in the year 1845, there were from one thousand to fifteen hundred of that class of inhabit- ants residing in the territory, while of British subjects there were less than five hundred. Previous to this time, the American claim had been completed by the acquisition of all the rights of Spain above the 42d parallel, which were conveyed to the United States by the Florida treaty, in 1819. Thus had the latter inherited all the claims of France and Spain, and superadded them to her own. Conflicting as these different titles may appear, in some respects, a third party, like England, had no right to complain. If the American title, previous to 1819, was not good against the prior discoveries of Spain and her claim by contigu- ity, this gave England no right to dispute the titles when united.* While other nations were laying the foundation for future claims to sovereignty on the northwest coast of America, Russian navigators and traders had also made discoveries and settlements in northern Oregon. Colli- sions being likely to occur with Russia, an effort was made to conclude a joint convention with England and the United States. The effort failed, and each govern- ment treated separately. In 1824, the United States stipulated with Russia, that the latter should confine her * For the history of the Oregon question and negotiations, see Greenhow's flistory of Oregon and California, and Memoir on the Northwest Coast of North America ; Falconer on the Discovery of the Mississippi and on the Southwestern, Oregon, and Northern Boundary of the United States ; Dunn's History of the Oregon Territory ; Rush's Residence at the Court of London ; Doc. 199— 1st session 20th Congress ; and Documents accom- panying the President's annual message, December, 1845. 228 JAMES KNOX POLK. [1845-6- settlemcnts to the north of 54° 40', and in 1825 England and Russia established the same boundary line between tlieir dominions. Various unsuccessful efforts were made by England and the United States, subsequent to the war of 1812, to (h'termine their respective rights in the Oregon territory. In 1818, the American government proposed to divide the country by the 49th parallel, and England aslced the Columbia river as the boundary west of the point at which the 49th parallel intersected that stream. As neither party was inclined to yield, a convention was en- tered into on the 20fch of October, 1818, by which-it was agreed that the whole country should " be free and open for the term of ten years " from the date thereof, " to the vessels, citizens, and subjects, of the two powers," without prejudice to the claim of either of the contracting parties.* In 1824, similar propositions for a settlement of the question by the partition of the territory were made, but again rejected. In 1826, Mr. Gallatin, the American minister at the Court of St. James, proposed a modification of the offer made in 1818, and repeated in 1824, — that the 49th parallel should be adopted as the boundary, subject to deviations according to the accidents of the country, and if that line crossed any navigable tributaries of the Co- lumbia, then the navigation of such tributaries, and of the main river, should be open to British subjects. Messrs. Huskisson and Adding-ton, the Eno-lish necrotiat- ors, adhered to the Columbia as the general boundary, but offered to the United States a detached peninsula, * Article 3rd. 1845-6. J NEGOTIATIONS. 229 bounded on the soutli by a line to be drawn from Hood's inlet, or canal, to Ballfincli's harbor, on the east bj the inlet, on the north by the Straits of Fuca, and on the west by the Pacific ocean, — thus giving up the southern coast of the straits and several of the best harbors with- in them ; and they proposed further, that a strip of land, along the northern bank of the Columbia, should remain neutral. Mr. Gallatin refused to make any greater con- cession than he had offered, and the negotiation terminated for the time in the convention of August Gth, 1827, by which the third article of the convention of 1818 Avas indefinitely extended, and continued in force, subject to the proviso, that either government might annul and ab- rogate the convention, at any time after the 20th of October, 1828, on giving due notice of twelve months to the other contracting party.* During tliese negotiations, and up to the. final arrange- ment, the British government, through her ministers and representatives, never claimed the exclusive sovereignty, but denied that it belonged to the United States, and in- sisted only on her right of joint occupancy and settlement, predicating it, after the attempt to negotiate in 1818, on the Nootka Sound Coavention. At the time of the negotiation of the treaty of Wash- ington, in 1842, the Oregon question was not considered or brought forward by Lord Ashburton, the representa- tive of Great Britain, lest it might impede the settlement of the northeastern boundary.f Meanwhile Oregon was being rapidly populated by American citizens, many of * Don. .199— 1st ses.s'()n, 20111 Congress. t Dispateh of Lord Abardean to Mr. Fox, October 18, 1842. 230 JAMi^J KNOX POLK. [1845-6. tliem the friends and relatives of the inhabitants of the western states. In that section of the Union, therefore, loud and frequent complaints were heard at the neglect of the American negotiator, ]\Ir. Webster, to insist upon the settlement of both questions ; while at the north it was said, that he had been outwitted by Lord Ashburton, and had unnecessarily sacrificed a portion of the territory of Maine. The democratic party generally advocated giving the notice to Great Britain provided for by the Convention of 1827. In the 28 th Congress efforts were }Bade to procure the passage of a resolution requiring the notice to be given, but they failed of success. The Baltimore Convention, as has been seen, resolved that the American title to the whole of Oregon was " clear and unquestionable," and that its reoccupation was a measure eminently worthy of support. Mr. Polk was pledged to maintain this resolution ; but only so far as comported Avith the general sentiment of the nation, and as was required by a due regard for the preservation of the national honor and dignity. His individual opin- ions accorded with the resolution. In a speech deliver- ed in the House of Representatives on the 29 th of December, 1828, he defended the Arnerican claim to 64^ 40' ; and in his letter accepting the Baltimore nomination, in his inaugural address, and in his first an- nual message, he asserted, in unequivocal terms, his firm conviction, that the title to Oregon was indisputable. In his opinion. Great Britain was precluded, by the treaty of 1763, from asserting a claim to any territory west of the Mississippi and south of the 49th parallel, if any slic had previously had ; and by the Spanish and American 1845-6.] AMERICAN ULTIMATUM. 231 discoveries, and the treaty of 1819, the American govern- ment had acquired a perfect and absolute right of sover- eignty over the whole territory as limited on the north by the convention "with Russia. But Avhen he assumed the administration of the govern- ment, he found that his predecessor, in deference to the expressions of the popular will, had opened a negotiation with the British government for -tKe adjustment of the Oregon question. This negotiation was commenced and conducted, as appears by. the first- protocol, dated on the 23d of August, 1844, " with a view to establish a per- manent boundary between the two countries, westward of the Rocky Mountains, to the Pacific ocean."* The ne- gotiation thus opened by Mr. Calhoun, Secretary of State under Mr. Tyler, was continued on the part of tlie Ameri- can government by Mr. Buclianan. Had the question been a new one, Mr. Polk would have promptly insisted on the American title to the whole of Oregon, but as those who had preceded him in the executive chair had repeat- edly offered to compromise, and as the avowed object of this negotiation was to fix upon a boundary, he instruct- ed Mr. Buchanan to propose that the Oregon territory should be divided betAveen the two governments by the 49th parallel, X)ffering at the same time to make free to Great Britain any port or ports on Vancouver's Island south of that parallel which she might desire. This was the ultimatum of the American government, and it was not intended to vary from it, except that slight deviations required by the geographical character of the country might be made. * Documents accompanying the President's Annual Message, Dec, 1S45. 232 JAMES KNOX- POLK. [1845-6. Mr. Buclianan communicated the proposition directed to be made by the President, to Mr. Pakenham, the British negotiator, on the 12th of July, 1845. Without consulting his government, the latter rejected the propo- sition on the 29th instant, and offered to submit the ques- tion to arbitration. On the 30th of August, Mr. Bucha- nan replied to Mr. Pakenham, in a masterly communi- catio-n, conclusively establishing the American title to the territory, declining to arbitrate a question so clear, with- drawing the offer to compromise, and insisting on the claim to the parallel of 54° 40' . * Congress now assembled, and the President laid the Oregon correspondence before that body in connection with his annual message, with the recommendation that a resolution sliould be passed giving notice of the termina- tion of the joint occupation of the territory, at the expi- ration of one 3^ear, in accordance with the convention of 1827. Resolutions were accordingly passed in both Houses directing the notice to be given, — in the House, by a vote of 163 to 54, the venerable John Quincy Adams heading the list of the majority ; and in the Senate, by a vote of 38 to 14. The House resolution directed the President to cause the notice to be given, but that of the Senate merely authorized him to give the notice, at his discretion. A disagreement thus existing, committees of conference were appointed, and the resolution of the Sen- ate, substantially, was finally adopted. The President promptly caused the notice to be given. From this time the question assumed a more serious aspect, and it appeared highly probable that a collision * Documents accompanying the President's iVnnual Message, Dec., 1S45. 1845-6. J CONCLUSION OF THE TREATY. 233 would take place between tlie two governments. The British muiistry, however, were assured by the tone and temper of the debates ill Congress, and bj advices from pi'ivate individuals, that the American people would pre- sent a miited front, if war should come, in defence of their claim to Oregon ; and that, if they desired to compromise the question, further propositions must come from them, and must be made without delay. Influenced by these considerations, on the 18th of May, 184G, Lord Aberdeen, the British Secretary for Foreign Aflairs, instructed Mr. Pahenham to propose, that the northern boundary line should be continued westward from the Rocky Mountains, along the 49th parallel to the channel separating the con- tinent from Vancouver's Island, and then through the middle of the channel, and of the straits of Fuca, to the Pacific ocean ; with the proviso that the navigation of the channel and straits, south of the 49th parallel, should re- main free and open to both parties ; and with the further stipulation, that the main northern branch of the Colum- bia, and the main river itself, should be free and open to the Hudson's Bay Company, and to all British subjects trading with them. This proposition was duly submitted to the American government on the 6th of June following. So thoroughly convinced was Mr. Polk, that the Amer- ican title to the whole of Oregon was " clear and unques- tionable," that if he alone had been responsible, he would have instantly declined to surrender any portion of the territory. But by former negotiations the government appeared to be committed to an equitable division, and a decided majority of Congress were avowedly favor- able to a compromise. There was, too, a new considera- 234 JAMES KNOX POLK. [1845-6. tion connected with the question, — one of policy and ex- pediency, motives which always have, and which always should, with some limitations, control the action of na- tions and individuals. — Upper Oregon and the island of Vancouver were comparatively valueless, except for the excellent harbors within the straits of Fuca, which were the only safe and easily accessible ones in the whole ter- ritory. Those on the southern shore of the straits were, indeed, to belong to the United States under the British proposition ; but war now existed Avith Mexico, and as that country was largely indebted to American citizens, and was confessedly bankrupt, Mr. Polk, as a wise and sairacious statesman, could not but have foreseen that tlie contest would terminate in the acquisition, as a satisfac- tion for the American claims and the expenses of tho war, of a large portion of contiguous territory, in which was embraced the bay of San Francisco, the finest har- bor on the Pacific coast. Acting therefore in conformity to the example of Washington with respect to the Jay treaty, Mr. Polk submitted the proposition of Great Britain to the Senate, as being composed of his constitutional advisers in the conclusion of treaties with foreign powers. He stated, at the same time, that his individual opinion was in favor of supporting the American claim to the whole of Ore- gon ; and that if the Senate did not advise the acceptance of the proposition, by the constitutional majority required for the ratification of treaties, he should consider it his duty to reject the offer.* The Senate by a vote of 41 to 14, advised the accept- * Special Message and Accompanying Documents, June 10, 1S46. 1845-6. J CONCLUSION OF THE TREATS. 235 ance of the terms proposed by the British government, on the 12th of June, 1816, with the understanding, as officially stated by Mr. Buchanan to Mr. Pakenham, prior to the conclusion of the treaty, that the right of the Hudson's Bay Company to navigate the Columbia would expire with their license to trade on the northwest coast of America, on the 30th of May, 1859.* The treaty prepared in accordance with the proposition of Mr. Pak- enham, was then signed by him and Mr. Buchanan on the loth day of June, and duly ratified. Thus, by the firm determination of Mr. Polk, was this vexed question, which at one time threatened to in- terrupt the friendly relations subsisting between two nations united by the sympathies of a common Origin and a common tongue, forever settled in a spirit of amity and concord ; each party magnanimously surrendering a part of its pretensions,--the United States yielding the south- ern cape of Vancouver, and the territory above the 49th parallel, which she had repeatedly proposed to adopt as the boundary, and Great Britain giving up her claim to the jurisdiction and unoccupied territory between the 49th parallel and the Columbia river. * Dispatch of Mr. BuchaDan to Mr. McLane, June 13, 1846, CHAPTER IX. Opposition of ^Mexico to the Annexation of Texas — The Question of Boun- dary — American troops ordered to Texas — Attempt to Negotiate — Re- fusal to receive a Minister — Advance of General Taylor to the Rio Grande — Commencement of Hostilities — Incidents of the war — Repeated eflforts to open negotiations— The Armistice— Treaty of Peace. The "joint resolution providing for tlie annexation of Texas to the United States," embraced two propositions, — the one providing for the immediate annexation, and the other, of an alternative cliaractcr, contemplating a new negotiation witli the republic of Texas, if the President deemed it the most advisable. RESOLUTION OF ANNEXATION. " Resolved hij the Senate and House of Representatives of the United States of Avierica in Congress assembled, That Congress doth consent that the territory properly included within, and rightfully belonging to, the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said Republic, by deputies in convention as- sembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union. " 2. And he it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guaranties, to wit : First, said State to be formed subject to the adjustment by this government of all questions 1845-8. J RESOLUTION OF ANNEXATION. 237 of boundary that may arise with other governments ; and the constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Con- gress for its final action, on or before the first day of January, one thousand eight hvuidred and forty-six. Second, said State, when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defence, belonging to said Republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind, Avhich may belong to, or be due and owing said Repub- lic ; and shall also retain all the vacant and unappropriated lands lying within its limits, to be ap|)licd to the payment of the debts and liabilities of said Republic of Texas ; and the residue of said lands, after discharging said debts and liabifi- ties, to be disposed of as said State may direct ; but in no event are said debts and habilities to become a charge upon the Government of the United States. Third, new States of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission iinder the provisions of the Federal Constitution. And such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, com- monly known as the Missouri compromise line, shall be .ad- mitted into the Union with or without slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri compromise line, slavery or involuntary ser- vitude (except for crime) shall be prohibited. " 3. And he it further resolved, That if the President of the United States shall, in his judgment and discretion, deem 238 JAMES KNOX POLK. [1845-8. it most advisable, instead of proceeding to submit the forego- ing resolution to the Republic of Texas as an overture on the part of the United States for admission, to negotiate with that Republic, then — " Be it Resolved, That a State, to be formed out of the* present Republic of Texas, with suitable extent and bound- aries, and with two representatives in Congress, until the next apportionment of representation, shall be admitted into the Union, by virtue of this act, on an equal footing with the existing States, as soon as the terms and conditions of such admission, and the cession of the remaining Texan ter- ritory to the United States, shall be agreed upon by the gov- ernments of Texas and the United States. " And he it further enacted, That the sum of one hundred thousand dollars be, and the same is, hereby appropriated to defray the expenses of missions and negotiations, to agree upon the terms of said admission and cession, either by treaty to be submitted to the Senate, or by articles to be submitted to the two Houses of Congress, as the President may direct." President Tyler elected to submit the first and second sections of the Resolution of Annexation to the authori- ties of Texas, which election was approved by his suc- cessor, and the annexation was completed in conformity thereto. The administration of Mr. Polk, therefore, suc- ceeded to all the liabilities and advantages incurred or secured by the accomplishment of this great measure. The central authorities of M-exico, though possessing no right to complain, by reason of the justifiable resist- ance of Texas when the federal league of 1824 was vio- lently ruptured, and of their inaction for so long a period, did not remain silent while the negotiations for the an- nexation of Texas were in progress, or the act itself be- 1845-8.] RESOLUTION OF ANNEXATION. 239 ing consummated. On tlie 23d day of August, 1843, Mr. de Bocanegra, the Mexican Minister of foreign re- lations, addressed a note to Mr. Thompson, the American Minister in Mexico, calling his attention officially to the agitation of the question in the United States, and an- nouncing that the Mexican government would consider equivalent to a declaration of war against the Mexican Republic, the passage of an act for the incorporation of Texas with the territory of the United States ; the cer- tainty of the fact being sufficient for the immediate proc- lamation of war ; leaving to the civilized world to de- termine with regard, to the justice of the cause of the Mexican nation, in a struggle which it \lva.d\ been so far from provoking. The tone of a portion of the note of Mr. de Bocanegra Avas so harsh and dictatorial, that it elicited a sharp reproof from Mr. Thompson. A second note was written by the former, in September, which was more subdued in its character, and assui'ed the American Envoy that Mexico did not threaten, still less provoke or excite ; but that she would " regard the annexation of Texas to the United States as a hostile act."* In November of tlie same year, a similar correspond- ence took place, at Washington, between General Al- monte, the Mexican Minister, and Mr. Upshur, the American Secretary of State ; the former protesting, in an official note written on the 3d instant, in the name of his government, against the annexation, and declaring that on sanction being given by the American Executive to the incorporation of Texas into the United States, he * House of R,eprescntalives, Exec. Doc, 2 — 1st Session 2Stli Congress, p. 26, et seq. 240 JAMES KNOX POLK. [1845-8. should consider his mission ended, and that the Mexican government was resolved to declare war so soon as it re- ceived information of such an act.* Two decrees were about the same time issued bj the Mexican govern- ment, — one of them excluding foreigners from the retail trade in Mexico, and the other closing the custom- houses in the northern departments. f The object of these decrees — if not avowed, at least not concealed — was to compel the American shopmen to leave the capital, and to cut off the valuable western trade with New Mex- co and Chihuahua. Mr. Thompson remonstrated against these decrees, but the Mexican authorities positively re- fused to repeal them. The treaty of annexation concluded by Mr. Calhoun was signed on the 12tu day of April, 1844. Immediate- ly upon tlu! conclusion of the treat}'-, Mr. Green, the American Charge. d\rj^uircs in Mexico, by tlie direction of the Secretary of State, assured the Mexican govern- ment, that it Avas the desire of tlie President of the United States to settle all questions between the two countries, that might grow out of the treaty, " or any other cause, on the most liberal and satisfactory terms, including that of boundary ;" and that the boundary of Texas had been purposely left without specification in tiie treaty, so that it migl^t be " an open question, to be fairly and fully disf- cussed an-oetvains the legislative and executive will, and be- 1845-9.] LAST MESSAGE. 321 cause the exercise of such a power by the pourt may be regarded as being in conliict with the capacity of the people to govern themselves. Indeed, there is more reason for striking this power of the court from the constitution than there is that of the qualified veto of the President ; because the decision of the court is final, and can never be reversed, even though both houses of Congress and the President should be unanimous in opposition to it ; whereas the veto of the President may be overruled by a vote of two-thirds of both houses of Congress, or by the people at the polls. It is obvious that to preserve the system established by the constitution, each of tlie coordinate branches of the govern- ment — the executive, legislative, and judicial — must be left in the exercise of its appropriate powers. If the executive of the judicial branch be deprived of powers conferred upon either as checks on the legislative, the preponderance of the latter will l^ecorae disproportionate and absorbing, and the others impotent for the accomplishment of the great objects for Vt'hich they were established. Organized as they are by the constitution, they work together harmoniously for the pub- lic good. If the executive and the judiciary shall be deprived of the constitutional powers invested in them, and of their due proportions, the equilibrium of the system must be destroyed, and consolidation, with the most pernicious results, must en- sue — a consohdation of unchecked, despotic power exercised by majorities of the legislative branch. The executive, legislative, and judicial, each constitutes a separate coordinate department of the government, and each is independent of the others. In the performance of their respective duties under the constitution, neither can, in its legitimate action, control tlie others. They each act upon their several responsibilities in their respective spheres ; but if the doctrines now maintained be correct, the executive must become practically subordinate to the legislative, and the ju- diciary must become subox-dinate to both the legislative and 14* 322 JAMES KNOX POLK. [1845-9. the executive ; and thus the whole power of the government would be merged in a single department. Whenever, if ever, this shall occur, our glorious system of well-regulated self- government will crumble into ruins — to be succeeded first by anarchy, and finally by monarchy or despotism. I am fai- from believing that this doctrine is the sentiment of the American people ; and during the short period which remains in wliich it will be my duty to" administer the executive dc- pai-tment, it will be my aim to maintain its independence, and discharge its duties, without infringing upon tlie poweis or du- ties of either of the other departments of the government. The power of the executive veto was exercised by the first and most illustrious of my predecessors, and by four of his successors who preceded me in the administration of the government, and, it is believed, in no instance prejudicially to the public interests, it has never been, and there is but lit- tle danger that it ever can be abused. • No President will ever desire, unnecessarily, to place his opinion %. opposition to that of Congress. He must always exercise the power reluctantly, and only in cases where his convictions make it a matter of stern duty, which he cannat escape. Indeed, there is more danger that the President, fi-om the repugnance he must always feel to come in collision with Congress, may fail to exercise it in cases where the preservation of the con- stitution from infraction, or the public good may demand it, than that he Avill ever exercise it unnecessarily or wantonly. During the period I have administered the executive de- partment of the government, great and important questions of public policy, foreign and domestic, have arisen, upon which it was my duty to act. It may indeed be truly snjd that my administration has fallen upon eventful times. I have felt most sensibly the weight of the high responsibilities devolved upon me. With no other object than the pubhc good, the enduring fame, and permanent prosperity of my counlry, I have pursued the convictions of my own best. f 1845-9.] INAUGURATION OF HIS SUCCESSOR. 323 judgment. *The impartial arbitrament of enlightened public opinion, present and future, will determine how far the pub- lic policy I have maintained, and the measures I have from time to time recommended, may have intended to advance or retard the public prosperity at home, and to elevate or de- press the estimate of our national character abroad. Invoking the blessings of the Almighty upon your deliber- ations at your present important session, my ardent hope is, that, in a spirit of harmony and concord, you may be guided to wise results, and such as may redound to the happiness, the honor, and the glory of our beloved country." No matters of legislation of general and permanent importance were definitely acted on at this session. The discussion of various territorial bills for New Mexico and California occupied nearly the whole time, but in conse- quence of the continued agitation of the slavery question, none were passed. The adjournment took place on the third day of March, 1849, and on the 5th instant — the 4th happening on Sunday — General Taylor was duly inaugurated as the successor of Mr. Polk. The latter took part in the ceremonies, and rode beside General Taylor in the carriage that conveyed them to the capitol. He was, also, one of the first to congratulate him at the close of his inaugural address, rejoicing, meanwhile, that he was himself relieved from the cares and anxieties of public life. In the afternoon of the 5th inst, Mr. and Mrs. Polk took leave of their friends — many words of mingled regret and endearment being uttered on both sides — and in the evening commenced their return jour- ney to their home in Tennessee, by way of RichnK)nd, Charleston, and New Orleans. 324 JAMES KNOX POLK. [1845-9. Thus ended the administration of Mr. Poll:. To say that it was an able one, would be but feeble praise. It was more important than any which had intervened be- tween it and the administration of Mr. Madison. It was full of great events. The settlement of the Ores-on Question, the war with Mexico, and the acquisition of California, will cause it to be long remembered. Ages hence, if the God of nations shall continue to smile upon our favored land, the dweller on the banks of the Missis- sippi, as lie gazes on the mighty current that laves his feet, and beholds it reaching forth, like a giant, its hundred arms, and gathering the produce of that noble valley mto its bosom, Avill bless the name of Thomas Jefferson. So, too, the citizen of California or Oregon, when he sees their harbors filled with stately argosies, richlj'-freighted with golden sands, or with the silks and spices of the Old World, will offer his tribute, dictated by a grateful heart, to the memory of James K. Polk. At home, his administration Avas well conducted. Though the war with Mexico was actively prosecuted for a period of nearly two years, the national debt was not largely or oppressively increased, and the pecuniary credit of the government was at all times maintained ; more than double the premiums realized in the war of 1812, being procured for stock and treasury notes. Com- merce, agriculture, and every art and occupation of in- dustry, flourished during this period ; happiness and prosperity dwelt in every habitation. In the manage- ment of our foreign relations, ability, skill, and prudence, were clisplayed. Our rights were respected ; our honor defendea ; and our national character elevated still higher HI the Cbtimation of foreign governments and their people. CHAPTER XI. Return to Tennessee — Speech at Richmond — Arrival Home — Prospects for the Future— Vanity of Human Hopes and Expectations — His Death — Funeral Honors— Personal Appearance and Character — Conclusion. If Mr. Polk was gratified with the enthusiastic demon- strations of regard that attended him on his journey to Washington in the spring of 1845, to enter upon the du- ties of his administration, — he was far more sincerely pleased, with the kindly greetings that everywhere wel- comed him as he returned to his home in Tennessee. The one might have heen selfish, for he had then ofiice and patronage to hestow ; hut the other was the genuine homage of the heart ; a voluntary offering to the man, and not to the President. At Richmond, he was complimented with a public re- ception by the citizens, and the Legislature of Virginia, which was then in session. In reply to an eloquent ad- dress from the Speaker of the House of Delegates, the ex-President returned his hearty thanks for the high honor accorded to him by the legislature of a State for which he cherished the most profound veneration, and from whose political apostles he had imbibed his appre- ciation of the great principles of constitutional liberty. He was, he said, taken by surprise at the manner of his reception ; and to be thus received, when he had just laid 326 JAMES KNOX POLK. [1849. down power, and was no longer clothed with the patron- age of the government, filled him with gratitude. He felt proud, too, that he was " no more a servant of the people, but had become a sovereign." He spoke, also, of the greatness of the country, and of the value and im- portance of the Union. " Preserve this union," he de- clared, " and the march of our country in prosperity and greatness will be rapid beyond comparison, and her ripened glory will surpass that of ancient Rome, the mis- tress of the world." At Wilmington, North Carolina, the people of his na- tive state came together in crowds, to welcome him. Ex- tensive preparations had been made for his reception, and in replying to the orator who addressed him, he said : " You remark truly, sir, that I still cherish affection for my native state. I receive its welcome as the blessing of an honored parent. North Carolina can boast of glo- rious reminiscences, and is entitled to rank with, or far above, many Avho make greater pretensions- It Avas from her — her counties of Mecklenburg, New Hanover, and Bladen, that the ncAvs of treason in the colonies first went to the ears of the British monarch, and here was the spirit; of independence first aroused." At Charleston, Savannah, and "New Orleans — at every place where he paused upon his route — welcomes and con- gratulations were liberally showered upon his head j and prayers and blessings innumerable attended him, like ministering angels, to the home from which he had ggno forth in early manhood to carve out his destiny, and to which he now returned, with the harvest of fame he had gathered. 1845-9.] EMPLOYMENT OF HIS TIME. 327 Previous to his return to Tennessee, Mr. Polk had purchased the mansion and grounds formerly belonging to his friend and preceptor, Mr. Grundy, and situate in , the heart of the city of Nashville. Here, surrounded by the comforts and conveniences which an ample fortune enabled him to procure, — in the sAveet companionship of his wife, of books, and of the friends whom he loved and esteemed, — he determined to pass the remainder of his days in ease and retirement, fulfilling his duty to himself and to the world, but not entering again into public -life. He had discovered, from his own experience, that an '"' aching heart was the price of a diadem," and he longed to enjoy the quiet and tranquillity which seemed to Avoo him with their smiles. His constitution appeared to be unimpaired ; a life of strict temperance, approach- ing to abstemiousness, seemed to promise a continuance of health for many years ; and nearly one-third of man's allotted pilgrimage was yet befor? him. But the hopes and expectations of man are like the mists of the morning, — as empty and as fleeting. No rank or station — no honor or reputation — no talents or advantages — can protect him from his destiny. " The statesman's fame Will fade, the conqueror's laurel crown grow sear ; Fame's loudest trump, upon the ear of Time Leaves but a dying echo." The year 1849 will not be soon forgotten in the valley of the Mississippi ; but the fearful ravages of the Asiatic ciiolera, which it witnessed, will be long remembered in sorrow and pain. On his way up the Mississippi from New Orleans, in the month of March, Mr. Polk had suf- 328 JAMES KNOX POLK. [1849. fered considerably from diarrhoea ; but the use of medi- cine, and a proper attention to regimen, checked the attack, and it seemed entirely to pass off, leaving him in apparent good health. He was somewhat enervated, however, by the fatigue consequent upon his journey, and the acknowledgment of the kind civilities extended to him ; and when he arrived at Nashville, his whole system was enfeebled. " Having taken up his abode here," says one of his friends and neighbors, " he gave himself up to the im- provement of his grounds, and was seen every day about his dwelling, aiding and directing the workmen he had employed ; now overlooking a carpenter, now giving in- structions to a gardener, often attended by Mrs. Polk, whose exquisite taste constituted the element of every im- provement. It is not a fortnight since I saw him on his lawn, directing some men who were removing decay- ing cedars. I was struck with his erect and health- ful bearing, and the active energy of his manner, which gave promise of long life. His flowing gray locks alone made him appear beyond the middle-age of life. He seemed in full health. The next day being rainy, he re- mained within, and began to arrange his large library ; and the labor of reaching books from the floor and placing them on the shelves, brought on fiitigue and slight fever, which the next day assumed the character of disease in the form of chronic diarrhoea, which was with him a com- plaint of many years' standing, and readily induced upon his system by any over-exertion. " For the first three days, his friends felt no alarm. But the disease bafl^ng the skill of his physicians, Dr. 1S49.J ILLNESS AND DEATH. 329 Haj, his brother-in-law, and family physician for twenty years, was sent for from Columbia. But the skill and experience of this gentleman, aided by the highest medi- cal talent, proved of no avail. Mr. Polk continued gradu- ally to sink from day to day- The disease was checked upon him four days before his death, but his constitution was so weakened, that there did not remain recuperative energy enough in the system for healthy reaction. He sunk away so slowly and insensibly, that the heavy death respirations commenced eight hours before he died. He died without a struggle, simply ceasing to breathe, as when deep and quiet sleep falls upon a weary man. About half an hour preceding his death, his venerable mother entered the room, and kneeling by his bedside, offered up a beautiful prayer to the ' king of kings and lord of lords,' committing the soul of her son to his holy keeping." Others beside that pious mother watched for the de- parting of the spirit. The Avife and the brother were there overcome with grief. But he had already taken leave of those who Avere so dear, and, like Russell, he could say, " the bitterness of death was passed." The death of JNIr. Polk occurred on the 15th day of June, 1849, and in the 54th year of his age. The fune- ral ceremonies took place on the following day ; all busi- ness was suspended in Nashville ; and the cortege that accompanied his remains to their final resting place, was composed of almost the entire population of the city and the adjacent country. He was dressed in a plain suit of black, and a copy of the constitution of the United States, whioh had ever been the guide of his counsels, was 330 JAMES KNOX POLK. [1849. placed at his feet. Upon the plate of his coffin was a simple inscription, embracing his name, and the date of his birth and of his decease. When the death of Mr. Polk was announced at Wash- ington, suitable honors were directed to be paid to his memory by all the departments of the government, and by the army and navy. Similar manifestations of sor- row and respect were witnessed in every quarter of the Union. Mr. Polk had no children. He had, however, adopted a son of his brother Marshall, to whom and to Mrs. Polk, the greater part of his property was bequeathed. In stature Mr. Polk was but little above the average height, and his form was spare. His forehead was high, broad, and full, and he had clear expressive eyes. His look was ordinarily calm and thoughtful, but the serious cast of his peculiar countenance, which at times appeared almost repulsive, was easily lighted up by the pleasant smile that indicated the warmth of his heart. He was simple and plain in all his habits. His pri- vate life was upright and blameless. Honesty and in- tegrity characterized his intercourse with his fellow-men ; fidelity and affection his relations to his family. In his friendships he was frank and sincere ; and courteous and affable in his disposition. He was generous and benevo- lent ; but his charities, like his character, were unosten- tatious. He was pious, too, sincerely and truly ; his wife was a member of the Presbyterian church, but he never united with any denomination, though on his dying bed he received the rite of baptism at the hands of a Methodist clergymen, an old neighbor and friend. Yet, 1849.J PERSONAL APPEARANCE. 331 he made no loud professions of his sentiments. " Relio-- ion is the very best possession in the world, and the last to be spoken of. It should dwell quietly in the heart, and rule the life ; not be hawked about as a commodity ; nor scoured up like a rusty buckler for protection ; nor be worn over the shoulders like a blanket for defence.''* As a statesman, he was firm in the maintenance of his opinions, but not-stubborn or self-willed. He possessed moral courage in an eminent degree, and practical good sense. " He was the master of himself and of his emo- tions." He was cautious and circumspect, prudent and sagacious. Not inclined to sudden innovations, he nev- ertheless kept pace with the progressive tendency of the age, and sought, so far as lay in his power, to regulate and control it aright. His mind was clear and compre- hensive, and well- balanced and well-disciplined ; the meas- ures which he recommended, therefore, were practical, and not visionary. He Avas a Jeffersonian democrat, in practice and in principle. He belonged to the strict con- struction school. He was devotedly attached to the fed- eral constitution, and in favor of a literal adherence to its provisions, at all times and under all circumstances ; for, as it seemed to- him, the spirit would not long remain, when the plain letter was disregarded. His style as a writer was clear and correct, possessino' neither redundancy nor ornament, but he was sometimes inclined to become diffuse, • on account of the copiousness of his ideas. His manner as a speaker accorded with the character of his audience. On the stump, or in ad- dressing a popular assembly, he was impassioned and en- * Bancroft. 332 JAMES KNOX POLK. [1849. thusiastic, and every lineament of his face glowed with animation. But in addressing a deliberative body, his earnestness was tempered with gravity and dignity, and he won the attention, and captivated the minds, of those who listened to him, " With an eloquence, — not like those rills from a height, Which sparkle, and fcam, and in vapor are o'er ; But a current that works out its way into light. Through the filtering recesses of thought and of lore." » In a word, he was " an upright and virtuous citizen, whose life, from the cradle to the days of opening man- hood, from manhood to the close of his earthly career, had been constantly marlced with the amiable and un- ostentatious display of all those moral graces which' se- cure repose and happiness to the social circle;"* and in his public capacity, he illustrated the sentiment of the Roman historian, " Far negotiis^ neqiie supra,'"'-] — he was equal to his duty, and not above it ! There is a moral presented in the life and character of James K. Polk, which should not be passed .over. Born of humble but respectable parents, and favored by no adventitious circumstances, he raised himself by the force of his own merit, by his talents, his industry, energy, and perseverance, to the highest station in the land. And this was no idle achievement. It was something of which he might justly have been proud ; and others might take pride in imitating his example. Hope and Ambition — the Castor and Pollux, twin- sharers of immortality — these are the household gods * Eulogy of Hon. H. S. Foote. t Tacitus, Annal. vi. 39. 1849.J CONCLUSION. 333 which the young man should cherish on his hearth- stone. As in the beautiful Scandinavian myth, three weird sisters preserve the Ash tree from perishing, so they must sustain and support him. The Past is his for example — the Present is his for profit — and the Future may be his for reward I APPENDIX. SPECIAL MESSAGE ON INTERNAL IMPROVEMENTS, DECEMBER 15th, 1847. To the House of Representatives : On the last day of the last session of Concn-pss, a bill, entitled " An act to provide for continuing certain works in the Territory of Wis- consin, and for other purposes,'' which had passed both Houses, was presented to me for my approval I entertained insuperable objections to its becoming a law; but tlie short period of the session which re- mained afforded me no sutiicient opportunity to prepare my objections, and coniniunicnte mem, with the bill, to the House of Representatives, in which it originated. For this reason the bill was retained, and I deem it proper now to state my objections to it. Although, from the title of the bill, it would seem that its main object was to make provision for continuing certain works already commenced in the Territory of Wisconsin, it appears, on examination of its pro- visions, that it contains only a single appropriation of six thousand dollars to be applied within that Territory, while it appropriates more than half a million of dollars for the improvement of numerous harbors and rivers lying within the limits and jurisdiction of several of the States of the Union. At the preceding session of Congress it became my duty to return, with my objections, to the House in which it originated, a bill making similar appropriations, and involving like principles, and the views then expressed remain unchanged. The circumstances under which this heavy expenditure of public money was proposed were of imposing weight in determining upon its expediency. Congress had recognized the existence of war with Mexico, and to prosecute it to " a speedy and successful termination" had made appropriations exceeding our ordinary revenues To meet 15 338 SPECIAL MESSAGE the emergency, and provide for the expenses of the Government, a loan of twenty-three millions of dollars was authorized at the same session, which has since been negotiated. The practical effect of this bill, had it become a law, would have been to add the whole amount appropriated by it to the national debt. It would, in fact, have made necessary an additional loan to that amount, as effectually as if in terms it had ref[uired the Secretary of the Treasury to borrow the money therein appropriated. The main question in that aspect is, whether it js wise, while all the means and credit of the Government are needed to bring th« existing war to an honorable close, to impair the one and endanger the other by borrowing money to be expended in a system of internal improvements capable of an expansion sufficient to swallow up the revenues not only of our own country, but of the civilized world. It is to be apprehended, that, by entering upon such a career at this moment, confidence, at home and abroad, in the wisdom and prudence of the Government, would be so far impaired as to make it difficult, without an immediate resort to heavy taxation, to maintain the public credit and to preserve the honor of the nation and the glory of our arms, in prosecuting the existing war to a successtul conclusion. Had this bill become a law, it is easy to foresee that largely increased demands upon the Treasury would have been made at each succeed- ing session of Congress, for the improvement of numerous other harbors, bays, inlets, and rivers, of equal importance with those embraced by its provisions. Many millions would probably have been added to the necessary amount of the war debt, the annual interest on which must also have been borrowed, and finally a permanent national debt been fastened on the country and entailed on posterity. The policy of embarking the Federal Government in a general sys- tem of internal improvements had its origin but little more than twenty years ago. In a very ^ew years the applications to Congress for ap- propriations in furtherance of such objects exceeded two hundred mil- lions of dollars. In this alarming crisis President Jackson refused to approve and sign the Maysville Road, bill, the Wabash River bill, and other bills of similar character. His interposition put a check upon the new policy of llyowing the cost of local improvements upon the National Treasury, preserved the revenues of the nation for their legiti mate objects, by which he was enabled to extinguish the then existing public debt, and to present to an admiring world the unprecedented spectacle in modern times of a nation free from debt, and advancing to greatness with unequalled strides, under a Government which wa content to act within its appropriate spliere in protecting the State and individuals in their own chosen career of improvement and of en terprise. Although the bill under consideration proposes no appropria- ox INTERNAL IMPROVEMENTS. 339 tion for a roail or canal, it is not easy to perceive tiie difference in prin- ciple or mischievous tendency between appropriations for making roads and digging canals, and appropriations to deepen rivers and improve harbors. All are alike within the limits and jurisdiction of the States, and rivers and harbors alon^ open an abyss of expenditure sufficient to swallow up the wealth of the nation, and load it with a debt which may fetter its energies and tax its industry for ages to come. The experience of several of the States, as well as that of the United States, during the period that Congress exercised the power of appropriating the public money for internal improvements, is full of eloquent warnings. It seems impossible, in the nature of the subject, as connected with local representation, that the several objects pre- sented for improvement shall be weighed according to their respective merits, and appropriations confined to those whose importance would justify a tax on the whole community to effect their accomplishment. In some of the States systems of iriternal improvements have been projected, consisting of roads and canals, many of which, taken sep- arately, were not of sufficient public importance to justify a tax on the entire population of the State to effect their construction ; and yet, by a combination of local interests, operating on a majority of the Leg- islature, the whole has been authorized, and the States plunged into heavy debts. To an extent so ruinous has this system of legislation been carried in some portions of the Union, that the people have found it necessary to their own safety and prosperity to forbid their Legisla- tures, by constitutional restrictions, to contract public debts for such purposes without their immediate consent. If the abuse of power has been so fatal in the States, where the systems of taxation are direct, and representatives responsible at short periods to small masses of constituents, how much greater danger of abuse is to be apprehended in the General Government, whose revenues are raised by indirect taxation, and whose functionaries are responsi- ble to the people in larger masses and for longer terms 1 Regarding only objects of improvement of the nature of those em- braced in this bill, how inexhaustible we shall find them. Let the imagination run along our coast, from the river St. Croix to the Rio Grande, and trace every river emptying into the Atlantic and Gulf of Mexico to its source ; let it coast along our lakes and ascend all their tributaries; let it pass to Oregon, and explore all its bays, inlets, and streams; and then let it raise the curtain of the future, and contemplate the extent of this Republic, and the objects of improvement it will em- brace, as it advances to its high destiny, and the mind will be startled at the immensity and danger of the power which the principle of this bill involves. 340 SPECIAL MESSAGE Already our Confederacy consists of twenty-nine States. Othe? States may at no distant period be expected to be formed on the west of our present settlements. We own an extensive country in Oregon, stretching many hundreds of miles from east to west, and seven de- grees of latitude from south to north. By the admission of Texas into the Union we have recently added many hundreds of miles to our sea- coast. In all this vast country, bordering on the Atlantic and Pacific, there are many thousands of bays, inlets, and rivers equally entitled to appropriations for their improvement with the objects embraced in this bill. We have seen in our States that the interests of individuals or neigh- borhoods, combining against the general interest, have involved their Governments in debts and bankruptcy ; and when the system prevailed in the General Government, and was checked by President Jackson, it had becrun to be considered the highest merit in a member of Congress to be able to procure appropriations of public money to be expended within his district or State, whatever might be the objects. We should be blind to the experience of the past if we did not see abundant evi- dences that if this system of expenditure is to be indulged in, combina- tions of individual and local interests will be found strong enough to control legislation, absorb the revenues of the country, and plunge the Government into a hopeless indebtedness. What is denominated a harbor by tiiis system does not necessaril3' mean a bay, inlet, or arm of the sea on the ocean or on our lake shores, on the margin of which may exist a commercial city or town engaged in foreign or domestic trade, but is made to embrace waters wliere there is not only no such city or town, but no commerce of any kind. By it arbayor sheet of shoal water is called a. Jiarbor, and appropriations demanded from Congress to deepen it, with a view to dra.w commerce to it, or to enable individuals to build up a town or city on its margin, upon speculation, and for their own private advantage. What is denominated a river, which may be improved, in the system, is equally undefined in its meaning. It may be the Mississippi, or it may be the smallest and most obscure and unimportant stream bearing the name of river which is to be found in any State in the Union. Such a system is subject, moreover, to be perverted to the accomplisli- menl of the worst of political purposes. During the few years it was in full operation, and which immediately preceded the veto of President Jackson of the JMaysville Road bill, instances were numerous of public men seeking to gain popular favor by holding out to the people inter- ested in particular localities the promise of large disbursements of public money. Numerous reconnoissances and surveys were made, during that period for roads and canals through many parts of the ON INTERNAL IMPROVEMENTS. 341 Union, and the people in the vicinity of each were led to believe that liieir property would be enhanced in value and they themselves be enriched by the large expenditures which they were promised by the advo<'ates of the system should be made trooa the Federal Treasury in their :jeighborhood. Whole sections of the country were thus sought to be iniiuenced, and the system was fast becoming one not only of profuse and WMfteful expenditure, but a potent political engine. If the power to improve a harbor be admitted, it is not easy to per- ceive how the power to deepen every inlet on the ocean or the lakes, and make iiarbors where there are none, can be denied. If the power to clear out or deepen the channel of rivers near their moutlis be ad- mitted, it is not easy to perceive how the power to improve them to their fountain head and make them navigable to their sources can be denied. Where shall the exercise of the poxyer, if it be assumed, stop 1 Has Congress the power, when an inlet is deep enough to admit a schooner, to deepen it still more so that it will admit ships of heavy burden; and has it not the power, when an inlet will admit a boat, to make it deep enough to admit a schooner'? May it improve rivers deep enough already to float ships and steamboats, and has it no power to improve those which are navigable only for flat-boats and barges'? May the General Government exercise prtwer and jurisdic- tion over the soil of a State consisting of rocks and sand-bars in the beds of its rivers, and may it not excavate a canal round its water-falls or across its lands for precisely the same object 1 Giving to the subject the most serious and candid consideration of which my mind is capable, I cannot perceive any intermediate grounds. The power to improve harbors and rivers for purposes of navigation, by deepening or clearing out, by dams and sluices, by locking or canalling, must be admitted without any other limitation than the dis- cretion of Congress, or it must be denied altogether. If it be admitted, how broad aiid how susceptible of enormous abuses is the power thu.s vested in the General Government ■? There is not an inlet of the ocean or the lakes, not a river, creek, or streamlet within the States, which is not brought for this purpose within the power and jurisdiction of the General Government. . Speculation, disguised under the cloak of public good, will call on Congress to deepen shallow inlets, that it may build up new cities on their shores, or to make streams navigable which Nature has closed by bars and rapids, that it may sell at a profit its lands upon their banks. ''To enrich neighborhoods by spending within it the moneys of the nation, will be the aim and boast of those who prize their local interests above the good of the nation, and millions upon mil- Cons will be abstracted by tariffs and taxes from the earnings of 342 SPECIAL MESSAGE the whole people to foster speculation and subserve the objects of private ambition. Such a system could not be administered with any approach to equality among the several States and sections of the Union. There is no equality among them in the objects of expenditure, and, if the funds were distributed according to the merits of those objects, some would be enriched at the expense of their neighbors. But a greater practical evil would be found in the art and industry by which appro- priations would be sought and obtained. The most artful and in- dustrious would be the most successful; the true interests of the coun- try would be lost sight of in an annual scramble for the contents of the Treasury; and the member of Congress who could procure the largest appropriations to be expended in his district would claim the rewards of victory from his enriched constituents. The necessary consequence would be, sectional discontents and heartburnings, increased taxation, and a national debt, never to be extinguished. In view of these portentous consequences, I cannot but think tliat this course of legislation should be arrested, even were there nothing to forbid it in the fundamental laws of our Union. This conclusion is fortified by the fact that the constitution itself indicates a process by which harbors and rivers within the States may be improved — a pro- cess not susceptible of the abuses necessarily to flow from the assump- tion of the power to improve them by the General Government; just in its operation, and actually practised upon, without complaint or in- terruption, during more than thirty years from the organization of the present Government. The constitution provides that " no State shall, without the consent of Congress, lay any duty of tonnage." With the '■ consent"' of Con- n-ress such duties may be levied, collected, and expended by the States. We are not left in the dark as to the objects of this reservation of power to the States. The subject was lully considered^ by the con- vention that framed the constitution. It ap}>ears in Mr. Madison's re- port of the proceedings of that body, that one object of the reservation was, that the States should not be restricted from laying duties of ton- nage for the purpose of clearing harbors. Other objects were named in the debates, and among them the support of seamen. Mr. Madison, treating on this subject in the Federalist, declares that — "The restraint on the power of the States over imports and exports is enforced by all the arguments which prove the necessity of submitting the regulation of tratle to the Federal Councils. It is needless there- fore to remark further on tills head than that the manner in which the restraint is qualified seems well calcuated at once to secure to the States a reasonable discretion in providing for the convenienpy of theij ON INTERNAL IMPROVEMENTS. 343 imports and exports, and to the United States a reasonable check against the abuse of this discretion." ^ The States may lay tonnage duties for clearing harbors, improving rivers, or for other purposes, but are restrained from abusing the power" because, before such duties can take effect, the "consent" of Congress must be obtained. Here is a safe provision for the improvement of harbors and rivers in the reserved powers of the States, and in the aid they may derive from duties of tonnage levied with the consent of Congress. Its safeguards are, that both the State Legislatures and Congress have to concur in the act of raising the funds ; that tliey are in every instance to be levied upon the commerce of those ports which are to profit by the proposed improvement; that no question of conflicting power or jurisdiction is involved ; that the expenditure being in the hands of tho.so who are to pay the money and be immediately benefited, will be more carefully managed and more productive of good than if the funds were drawn from the National Treasury and disbursed by the officers of the General Government; that such a system will carry with it no enlargement of Federal power and patronage, and leave the States to be the sole judges of their own wants and interests, with only a conservative negative in Congress upon anv abuse of tiie power which the States may attempt. Under this wise system the improvement of harbors and rivers was commenced, or rather continue.! .from the organization of the Govern- ment under the present constitution. Many acts were passed by the several States levying duti.s of tonnicr-^ arid many were passed by Congress giving their cons- nt to thos.'- acts. Such acts have been passed by Massachu.setts Khode Island Pennsvlvania. Maryland. Virginia, North Carolina. South Carolina and Georgia and have been sanctioned by the consent of Congres.s._ Without enumerating them all, it may be instructive to refer to sojneof them as illustrative of the mode of improving harbors and rivers in the early periods of our Government, as to the constitutionality of whicli there can be no doubt. In January, 1790. the State of Rhode Island pa.ssed a biw levyincr a tonnage duty on-^'essels arriving in the port of Providence, ' for' the purpose of clearing and deepening the channel of Providence river and making the same more navig;il)le " On the 2d of February, 1798. the State of Jdassacluisetts passed a law levying a tonnage duty on all ve.ssels, whether employed in the foreign or coasting trade which might enter into the Kennebunk river, *or the improvement of the same, by ■' rendering the passage in and •"ut of said river less difficult and dangerous." On the 1st of April, 1805, the State of Penn.sylvania passed a law 344 SPECIAL MESSAGE levying a tonnacje duty on vessels, " to remove the obstructions to the navigation of the river Delaware, below the city of Philadelphia." On the 23d of January, lHO-4, the State of Virginia passed a law levying a tonnage duty on vessels, " for improving the navigation of James river." On the 22d of February,, 182G, the State of Virginia passed a law levyincr a tonnage duty on vessels, " for improving the navigation of James river, froni Warwick to Rockett's Landing." On the 8th of December, 1824, the State of Virginia passed a law levying a tonnage duty on vessels, for " improving the navigation of Appomatox river, from Pocahontas bridge to Broadway." In November, 1821, the State of North Carolina passed a law levy- ing a tonnage duty on vessels, " for the purpose of opening an inlet at the lower end of Albemarle Sound, near a ])lace called Nag's Head, and improving the navigation of said Sound, with its branches ;" and in November, 1828, an amendatory law was passed. On the 21st of December, 1801, the State of South Carolina passed a law levying a tonnage duty, for the purpo.sc of " building a marine hospital in the vicinity of Charleston;" and on the 17th of December, 181(3, another law was passed by the Legislature of that State for the "maintenance of a marine hospital." On the lOtli of February. 1787, the Stite of Georgia passed a law levying a tonnage duty on all vessels ent ring into the port of Savan- nah, for the purpose of ' clearinir" the Savannah river of " wrecks and otfier obstructions" to the n ivi r ulon. On the 12th of December K-iOl. the Si ire of Georgia passed a law levying a tonnage duty on vessels ' to b • applied to the payment of the fees of the harbor-m i.ster and health officer of the ports of Sa- vannah and St. Mary's " In April, 1783, the State of Maryland p-issed a law laying a tonnage duty on vessels, for the improvement of the ■ basin"" and " harbor" of Baltimore and the "river Patapsco." On the 2;th of Decemb'r I7')I, the State of Maryland passed a law Icxyini; a tonnage du'v on v.'ss-ils, for the improvement of the ' harbor and port of Balii uorc. ' On the 28t!v of Deceinhcr ■ V.)3 the State of Marylmd passed a law authorizing the appoint!n;'nt of a health ofn.'cr for the' port of Balti- more, and laying a tonnage duty on vessels to defray the expenses. Congress has passtd many acts giving its '■ consent ' to these and other State laws, the first of which 'ia datrd in 17:)0, and the last in 1813. By the latter act the ■ consent" of < ' mgress was givrn to the law of the Legislature of the State of M Myland Iay:n_r a tonnage duty on vessels for tlie in.pnivement of tlii luirhor oi' Baltimore, and ON INTERNAL IMPROVEMENTS. 345 continuing it in force until the 1st day of June, 1850. I transmit here- with copies of such of the acts of the Legislatures of the States on the subject, and also the acts of Congress giving its " consent" thereto, as have been collated. That the power was constitutionally and rightfully exercised in these cases does not admit of a doubt. The injustice and inequality resulting from conceding the. power to both Governments is illustrated by several of the acts enumerated. Take that for the improvement of the harbor of Baltimore. That improvement is paid for exclusively by a tax on the commerce of that city; but if an appropriation be made from the National Treasury for the improvement of the harbor of Boston, it must be paid in part out of taxes levied on the commerce of Baltimore. The result is, that the commerce of Baltimore pays the full cost of the harbor improve- ment designed for its own benefit, and, in addition, contributes to the cost of all other harbor and river improvements in the Union. The facts need but be stated to prove the inequality and injustice which cannot but flow from the practice embodied in this bill. Either the subject should be left as it v/as during the first third of a century, or the practice of levying tonnage duties by the States should be aban- doned altogether, and all harbor and river improvements made under the authority of the United States and by means of direct appropria- tions. In view not only of the constitutional difficulty, but as a ques- tion of policy. I am clearly of opinion that the whole subject should be left to the States, aided by such tonnage duties on vessels navigat- ing their waters as their respective Legislatures may think proper to propose and Congress see fit to sanction. This " consent" of Congress would never be refused in any case where the duty proposed to be levied by the State was reasonable, and where the object of improve- ment was one of importance. The funds required for the improvement of harbors and rivers may be raised in this mode, as was done in the earlier periods of the Government, and thus avoid a resort to a strained construction of the constitution, not warranted by its letter. If direct nppropriati'Ons be made of the money in the Federal Treasury for such purposes, the expenditures will be unequal and unjust. The money in the Federal Treasury is paid by a tax on the whole people of the United States, and if applied to the purposes of improving harbors and rivers, it will be partially distributed, and be expended for the advan- tage of particular States, sections, or localities, at the expense of others. By returning to the early and approved construction of the constitu- tion, and to the practice under it, this inequality and injustice will be avoided, and, at the same time, all the really important improvements 15* 346 SPECIAL MESSAGE be made, and, as our experience has proved, be better made, and at less cost, than they would be by the agency of officers of the United States. The interests benefited by these improvements, too, would bear the cost of making them, upon the same principle that the expenses of the Post OfBce establishment have always been defrayed by those who derive benefits from it. The power of appropriating money from the Treasury for such improvements was not claimed or exercised for more than thirty years after the organization of the Government in 1789, w^hen a more latitudinous construction was indicated, though it was not broadly asserted and exercised until 1825. Small appropria- tions were first made in 1820 and 1821 for surveys. An act was made on the 3d of March, 1823, authorizing the President to cau.^e an •■ ex- amination and survey to be made of the obstructions between the har- bor of Gloucester and the harbor of Squam, in the State of Massa- chusetts," and of ■' the entrance of the harbor of the port of Presque Isle, in Pennsylvania," with a view to their removal, and a small ap- propriation was made to pay the necessary expenses. This appears to have been the commencement of harbor improvements by Congress, thirty-four years after the Government went into operation under the present constitution. On the 30th April, 1821, an act was passed mak- ing an appropriation of thirty thou.'^and dollars, and directing " su^^•03•s and estimates to be made of the routes of such roads and canals" as the President ■■ may deem of national importance, in a commercial or miUtary point of view, or necessary tor the transportation of the mails." This act evidently looked to the adoption of a general sys- tem of internal improvements, to embrace roads and canals as well as harbors and rivers. On the 2Gth May, 1824, an act was passed mak- ing appropriations for ''deepening the channel leading into the harbor of Presque Isle, in the State of Pennsylvania," and to -repair Ply- mouth Beach, in the State of Massachusetts, and thereby prevent the harbor at that place from being destroyed.' President Monroe yielded his approval to these measures, though he entertained, and had, in a message to the House of Representatives on the 4th of May, 1822, expressed the opinion, that the constitution had not conferred upon Congress the power to '• adopt and execute a sys- tem of internal improvements." He placed his approval upon the ground, not that Congress possessed the power to " adopt and execute" 8uch a system by virtue of any or all of the enumerated grants of power in the constitution, but upon the as3un)ption that the power to make appropriations of the public money was limited and restrained only by the discretion of Congress. In coming to this conclusion he avowed that "in the more early stage of the Government" he had en- tertained a different opinion. He avowed that his first opinion had ON INTERNAL IMPROVEMENTS. 347 been, that, =' as the National Government is a government of limited powers, it has no right to expend money except in the perlbrmance of acts authorized by the other specific grants, according to a strict con- struction of their powers;" and that the pawer to make appropriations gave to Congress no discretionary authority to apply the public money to any other ptfrposes or objects except to '■ carry into effect the powers contained in the other grants." These sound views, which Mr. Mon- roe entertained - in the early stage of the Government," he gave up in 1822, and declared that— " The right of appropriation is notiiing more than a right to apply the public money to this or that purpose. It has no incidental power, nor does it draw after it any consequences of tiiat kind. All that Con- gress could do under it, in the case of internal improvements, would be to appropriate the money necessary to make them. For any act re- quiring legislative sanction or support the State authority must be relied on. The condemnation of the land if the proprietors should refuse to sell it, the establishment of turnpikes and tolls, and the protection of the work when finished, must be done by the State. To these purposes the powers of the General Government are believed to be utterly in- competent." But it is impossible to conceive on what principle the power of ap- propriating public money when in the Treasury can be construed to extend to objects for which the constitution does not authorize Conoress to levy taxes or imposts to raise money. The power of appropriation is but the consequence of the power to raise money ; and the true in- quiry is, whether Congress has the right to levy taxes for the object over which power is claimed. During the four succeeding years embraced by the administration of President Adams, the power not only to appropriate money, but to ap- ply it, under the direction and authority of the General Government, as well to the construction of roads as to the improvement of harbors and rivers, was fully asserted and exercised. Among other acts assuming the power, was one passed on the twen- tieth of May, 1820, entitled '-An act for improving certain harbors and the navigation of certain rivers and creeks, and for authorizing surveys to be made of certain bays, sounds, and rivers therein mentioned." By that act large appropriations were made, which were to be " applied under the direction of the President of the United States" to numerous improvements in ten of the States. This act, passed thirty-seven years after the organization of the present Government, conjoined the first appropriation ever made for the improvement of a navigable river, un- less it be small appropriations for examinations and surveys in 1820. During the residue of that Administration many other appropriations 348 SPECIAL MESSAGE of a similar character were made, embracing roads, rivers, harbors, and canals, and objects claiming the aid of Congress multiplied with- out number. This was the first breach effected in the barrier which the universal opinion of the framers of the constitution had for more than thirty years thrown in the way of the assumption of this power by Congress. The general mind of Congress and the country did not appreciate the distinction taken by President Monroe between the right to appropriate money for an object and the right to apply and expend it without the embarrassment and delay of applications to the State Governments. Probably no instance occurred in which such an application was made, and the flood-gates being thus hoisted, the principle laid down by him was disregarded, and applications for aid from the Treasury, virtually to make harbors as well as improve them, clear out rivers, cut canals, and construct roads, poured into Congress in torrents until arrested by the veto of President Jackson. His veto of the Maysville Road bill was followed up by his refusal to sign the " act making appropriations for building hghthouses, lightboats, beacons, and monuments, placing buoys, improving harbors, and directing surveys;" "an act authorizing subscription for stock in the Louisville and Portland Canal Company 1" " an act for the improvement of certain harbors and the navigation of certain rivers ;" and finally •' an act to improve the navigation of the Wabash river." In his objections to the act last named he says : " The desire to embark the Federal Government in works of internal improvement prevailed, in the highest degree, during the first session of the first Congress that I had the honor to meet in my present situa- tion. When the bill authorizing a subscription on the part of the United States for stock in the Maysville and Lexington Turnpike Company passed the two Houses, there had been reported by the Com- mittee on Internal Improvements bills containing appropriations for such onjects, exclusive of those for the Cumberland Road, and for harbors and lighthouses, to the amount of about one hundred and six millions of dollars. In this amount was included authority to the Secretary of the Treasury to subscribe for the stock of different com- panies to a great extent, and the residue was principally for the direct construction of roads by this Government. In addition to these pro- jects, which have been presented to the two Houses under the sanction and recommendation of their respective Committees on Internal Im- provements, there were then still pending before the committees, and in memorials to Congress, presented but not referred, different projects for works of a.6imilar character, the expense of which cannot be esti- mated with certainty, but must have exceeded one hundred millions of dollars," ON INTERNAL IMPROVEMENTS. 349 Thus, within the brief period of less than ten years after the com- mencement of internal improvements by the General Government, the sum asked for from the Treasury for various projects amounted to more than two hundred millions of dollars. President Jackson's powerful and disinterested appeals to his country appear to have put down for- ever the assumption of power to make roads and cut canals, and to have checked the prevalent disposition to bring all rivers in any degree navigable within the control of the General Government. But an immense field for expending the public money and increasing the power and patronage of this Government was left open in the concession of even a limited power of Congress to improve harbors and rivers — a field which millions will not fertilize to the satisfaction of those local and speculating interests by which these projects are in general gotten up. There cannot be a just and equal distribution of public burdens and benefits under such a system, nor can the States be relieved from the danger of fatal encroachment, nor the United States from the equal danger of consolidation, otherwise than by an arrest of the system, and a return to the doctrines and practices which prevailed during the first thirty years of the Government. •How forcibly does the history of this subject illustrate the tendency of power to concentration in the hands of the General Government. The power to improve their own harbors and rivers was clearly re- served to the States, who were to be aided by tonnage duties levied and collected by themselves, with the consent of Congress. For thirty- four years improvements were carried on under that system, and so careful was Congress not to interfere, under any implied power, with the soil or jurisdiction of the States, that they did not even assume the power to erect lighthouses or build piers without first purchasing the ground, with the consent of the States, and obtaining jurisdiction over it. At length, after the lapse of thirty-three years, an act is passed providing for the examination of certain obstructions at the mouth of one or two harbors almost unknown. It is followed by acts making small appropriations for the removal of those obstructions. The obstacles interposed by President Monroe, after conceding the power to appropriate, were soon swept away. Congress virtually as- sumed jurisdiction of the soil and waters of the States, without their consent, for the purposes of internal improvement, and the eyes of eager millions were turned t'rom the State Governments to Congress as the fountain whose golden streams were to deepen their harbors and rivers, level their mountains, and fill their valleys with canals. To what consequences this assumption of power was remidly leading is shown by the veto messages of President Jackson>; and to what end it 350 SPECIAL MESSAGE is ajrain tending is witnessed by the provisions of this bill and bills of similar character. In the proceedings and debates of the General Convention which formed the constitution, and of the State Conventions which adopted it, nothing is found to countenance the idea that the one intended to pro- pose, or the others to concede, such a grant of power to the General Government as the building up and maintaining of a system of internal improvements within the States necessarily implies. Whatever the General Government may constitutionally create, it may lawfully pro- tect. If it may make a road upon the soil of the States, it may pro- tect it from destruction or injury by penal laws. So of canals, rivers, and harbors. If it may put a dam in a river, it may protect that dam from removal or injury, in direct opposition to the laws, authorities, and people of the State in which it is situated. If it may deepen a harbor, it may by its own laws protect its agents and contractors from ' being driven from their work, even by the laws and authorities of the State. The power to make a road or canal, or to dig up the bottom of a harbor or river, imphes a right in the soil of the State, and a juris- diction over it, for which it would be impossible to find any warrant. The States were particularly jealous of conceding to the General Government any right of jurisdiction over their soil, and in the consti- tution restricted the exclusive legislation of Congress to such places as might be " purchased with the consent of the Slates in which the same shall be for the erection of forts magazines, dock-yards, and other needful buildings." That the United States should be prohibited from purchasing lands within the States, without their consent, even for the most essential purposes of national defence, while leR at liberty to purchase or seize them for roads, canals, and other improvements of immeasurably less importance, is not to be conceived. A proposition was made in the Convention to provide for the appoint- ment of a " Secretary of Domestic Affairs," and make it his duty, among other things, " to attend to the opening of roads and naviga- tion, and the facihtating communications through the United S'tates." It was referred to a committee, and that appears to have been the last of it. On a subsequent occasion a proposition was made to confer on Congress the power to ' provide for the cutting of canals when deemed necelsary," which was rejected by the strong majority of eight States to three. Among the reasons given for the rejection of this proposi- tion, it was urged that " the expense in such cases will fall on the United States, and the benefits accrue to the places where the canals may be cut." During the consideration of this proposition a motion was made to enlarge the proposed power "for cutting canals" into ■ a power "to ON INTERNAL IMPROVEMENTS. 351 grant charters of incorporation, when the interest of the United States might require, and the legislative provisions of the individual States may be incompetent;" and the reason assigned by Mr. Madison for the proposed enlargement of the power was, that it would " secure an easy communication between the States which the free intercourse now to be opened seemed to call for. The political obstacles being removed, a removal of the natural ones, as far as possible, ought to follow." The original proposition and all the amendments were rejected, after deliberate discussion, not on the ground, as so much of that discussion as hns been preserved indicates, that no direct grant was necessary, but because it was deemed inexpedient to grant it at all. When it is considered that some of the members of the Convention, who after- wards participated in the organization and administration of the Gov- ernment, advocated and i)iucii.se(l upon a very liberal construction of the constitution, grasping at many high powers as implied in its various provisions, not one of them, it is believed, at that day claimed the power to make roads and canals, or improve rivers and harbors, or ap- propriate money for that purpose. Among our early statesmen of the strict construction class the opinion was universal, when the subject was first broached, that Congress did not possess the power, although some of them thought it desirable. President Jefferson, in his message to Congress in 1806, recommended an auiendment of the constitution, with a view to apply an anticipated surplus in the Treasury '■ to the great purposes of the public education, roads, rivers, canals, and such other objects of public improvements as it may be thought proper to add to the constitutional enumeration of the federal powers;" and he adds : " I suppose an amendment to the constitution, by consent of the States, necessary, -because the ob- jects now recommended are not among those enumerated in the con- stitution, and to which it permits the public moneys to be applied." In 1823. he i;epeated, in his published letters, the opinion that no such power has been conferred upon Congress. President Madison, in a message to the House of Representatives of the 3d of March, 1817, assigning his objections to a bill entitled " An act to set apart and pledge certain funds for internal improve- ments," declares that " the power to regulate commerce among the several States cannot include a power to construct roads and canals, and to improve the navigation of water-courses, m order to facilitate, promote, and secure such commerce, without a latitude of construc- tion departing from the ordinary import of the terms strengthened by the known inconveniences which doubtless led to the grant of this re- medial power to Congress." President Monroe, in a mgssage to the House of Representatives of 352 SPECIAL MESSAGE the 4th of May, I82-2, containing his objections to a bill entitled " An act for the preservation and repair of the Cumberland road," declares: " Commerce between independent powers or communities is univer- sally regulated by duties and imposts. It was so regulated by the States before ^he adoption of this constitution, equally in respect to each other and to foreign powers. The goods and vessels employed in the trade are the only subjects of regulation. It can act on none other. A power, then, to impose such duties and imposts in regard to foreign nations, and to prevent any on the trade between the States, was the only power granted. " If we recur to the causes which produced the adoption of this con- stitution, we shall find that injuries resulting from the regulation of trade by the States respectively, and the advantages anticipated from the transfer of the power to Congress, were among those which had the most weight. Instead of acting as a nation in regard to foreign powers, the States, individually, had commenced a system of restraint on each other, whereby the interests of foreign powers were promoted at their expense. If one State imposed high duties on the goods or vessels of a foreign power to countervail the regulations of such power, the next adjoining States imposed lighter duties to invite those articles into their ports, that they might be transferred thence into the other States, securing the duties to themselves. This contracted policy in some of the States was soon counteracted by others. Restraints were immediately laid on such commerce by the suflering States: and thus had grown up a state of affairs disorderly and unnatural, the tendency of which was to destroy the Union itself, and with it all hope of realiz- ing those blessings which we had anticipated from the glorious revolu- tion which had been so recently achieved. From this deplorable di- lemma, or rather certain ruin, we were happily rescued by the adoption of the constitution. " Among the first and most important effects of this great revolution was the complete abolition of this pernicious policy. The States were brought too-ether by the constitution, as to commerce, into one com- munity, equally in regard to foreign nations and each other. The reg- ulations that were adopted regarded us in both respects as one people. The duties and imposts that were laid on the vessels and merchandise of foreign nations were all uniform throughout the United States, and in the intercourse between the States themselves no duties of any kind were imposed other than between different ports and counties within the same State. " This view is supported by a series of measures, all of a marked character, preceding the adoption of the constitution. As early as the year 1781 Congress recommended it to the States to vest in the United ON INTERNAL IMPROVEMENTS. 353 States a power to levy a duty of five per cent, on all goods imported from foreign countries into the United States for the term of fifteen years. In 1783 this recommendation, with alterations as to the kind of duties and an extension of this term to twenty-five years, was re- peated and more earnestly urged. In 178-1 it was recoipmended to the States to authorize Congress to prohibit, under certain modifications, the importation of goods from foreign powers into the United States for fifteen years. In 1785 the consideration of the subject was re- sumed, and a proposition presented in a new form, with an address to the States explaining luUy the principles on which a grant of the power to regulate trade was deemed indispensable. In 1786 a meet- ing took place at Annapolis of delegates from several of the States on this subject, and on their report the convention was formed at Phila- delphia the ensuing year from all the States, to whose deliberations we are indebted for the present constitution. " In none of these measures was the subject of internal improve- ment mentioned or even glanced at. Those of 1734, 5, 6, and 7, lead- ing step by step to the adoption of the constitution, had in view only the obtaining of a power to enable Congress to regulate trade with foreign powers. It is manifest that the regulation of trade with the several States was altogether a secondary object, suggested by and adopted in connection with the other. If the power necessary to this system of improvement is included under either branch of this grant, I should suppose that it was the first rather than the second. The pretension to it, however, under that branch has never been set up. In support of the claim under the second no reason has been assigned which appears to have the least weight." Such is a brief history of the origin, progress, and consequences of a system which for more than thirty years after the adoption of the constitution was unknown. The greatest embarrassment upon the subject consists in the departure which has taken place from the early construction of the constitution and the precedents which are found in the legislation of Congress in later years. President Jackson, in his veto of the Wabash River bill, declares- that " to inherent embarrass- ments have been added others, from the course of our legislation con- cerning it." In his vetoes on the Maysville Road bill, the Rockville Road bill, the Wabash Rivar bill, and other bills of like character, he re- versed the precedents which existed prior to that time on the subject of internal improvements. When our experience, observation, and re- flection have convinced us that a legislative precedent is either unwise or unconstitutional, it should not be followed. No express grant of this power is found in the constitution. Its ad- vocates have differed amons themselves as to the source from which it 354 SPECIAL MESSAGE is derived as an incident. In the progress of the discussions upon this subject the power to regulate commerce seems now to be chiefly reUed upon, especially in reference to the improvement of harbors and rivers. In relation to the regulation of commerce, the language of the grant in the constitution is, '■ Congress shall have power to regulate com- merce with foreign nations and among the several States, and with the Indian tribes." That " to regulate commerce" does not mean to make a road, or dig a canal, or clear out a river, or deepen a harbor, would seem to be obvious to the common understanding. To '-regulate" ad- mits or affirms the pre-existence of the thing to be regulated. In this case it presupposes the existence of commerce, and of course the means by which, and the channels through which, commerce is carried oh. It confers no creative power; it only assumes control over that which may have been brought into existence through other agencies, such as State legislation, and the industry and enterprise of individuals. If the definition of the word -regulate" is to include the provision of means to carry on commerce, then have Congress not only power to deepen harbors, clear out rivers, dig canals, and make roads, but also to build ships, railroad cars, and other vehicles, all of which are neces- sary to commerce. There is no middle ground. If the power to regu- late can be legitimately construed into a power to create or facilitate, then not only the bays and harbors, but the roads and canals, and nil the means of transporting merchandise among the several States, are put at the disposition of Congress. This power to regulate commerce was construed and exercised immediately after the adoption of the con- stitution, and has been exercised to the present day, by prescribing general rules by which coaimerce should be conducted. With foreign nations it has been regulated by treaties, defining the rights of citizens and subjects, as well as by acts of Congress imposing duties and re- strictions, embracing vessels, seamen, cargoes, and passengers. It has been regulated among the States by acts of Congress relating to the coasting trade, and the vessels employed therein, and for the better security of passengers in vessels propelled by steam, and by the re- ,moval of all restrictions upon internal trade. It has been regulated with the Indian tribes by our intercourse laws, prescribing the manner m which it shall be carried on. Thus each branch of this grant of power was exercised soon alter the adoption of the constitution, and has continued to be exercised to the present day. If a more extended construction be adopted, it is impossible for the human mind to fix on a limit to the exercise of the ^nwev other than the will and discretion of .Congress. It sweeps into the vortex of national power and juris- diction not only harbors and inlets, rivers and little streams, but canals, turnpikes, and railroads — every species of improvement which caa ON INTERNAL IMPROVEMENTS. 355 facilitate or create trade and intercourse " with foreign nations, among the several States, and with the Indian tribes." Should any great object of improvement exist in our widely-extended country, which cannot be effected by means of tonnage duties, levied by the States, with the concurrence of Congress, it is safer and wiser to apply to the States, in the mode prescribed by the constitution, for an amendment of that instrument, whereby the powers of the Genera Government may be enlarged, with such limitations and restrictions as experience has shown to be proper, than to assume and exercise a power which has not been granted, or which may be regarded as doubtful in the opinion of a large portion of our constituents. This course has been recommended successively by Presidents Jefferson, Madison, Monroe, and Jackson, and I fully concur with them in opin- ion. If an enlargement of power should be deemed proper, it will un- questionably be granted by the States ; if otherwise, it will be with- held ; and, in either case, their decision should be final. In the mean time, I deem it proper to add that the investigation of this subject has impressed me more strongly than ever with the solemn conviction that the usefulness and permanency of this Government, and the happiness of the millions over whom it spreads its protection, will be best pro- moted by carefully abstaining from the exercise of all powers not clearly granted by the constitution. SECOND ANNUAL MESSAGE. DECEMBER Sth, 1S46. Fellow- Citizens of the Senate and of the House of Representalives : In resuming your labors in the service of the people, it is a subject of congratulation tliat there has been no period in our past history, when all the elements of national prosperity have been so fully developed. Since your last session, no afflicting dispensation has visited our coun- try; general good health has prevailed ; abundance has crowned tlie toil of the husbandman; and labor in all its branches is receiving an ample reward, while education, science, and the arts are rapidly en- larging the means of social hap])incss. The progress of our country in her career of greatness, not only in tlie vast extension of our territorial limits, and the rapid, increase of our population, but in resources and wealth, and in the happy condition of our people, is without example in the history of nations. As the wisdom, strength, and beneficence of our free in.stitutions are unfolded, every day adds fresh motives to contentment, and fresh incen- tives to patriotism. Our devout and sincere acknowledgments are due to the gracious Giver of all good, for the nuaiberless blessings which our beloved country enjoys. It is a source of high satisfaction to know tliat the relations of the United States with all other nations, with a single exception, are of the most amicable character. Sincerely attached to the policy of peace, early ailopted and steadily pursued by this government, I have anxiously desired to cultivate and cherish friendship and commerce with every foreign povyer. The spirit and habits of the American people are favor- able to the maintenance of such international haraiony. In adhering to this wise policy, a preliminary and paramount duty obviously con- sists in the protection of our national interests from encroachment or sacrifice, and our national honor from reproach. These must be main- SECOND ANNUAL MESSAGE. 357 tained at any hazard. They admit of no compromise or neglect, and must be scrupulously and constantly guarded. In their vigilant vindi- cation, collision and conflict with foreign powers may sometimes become unavoidable. Such has been our scrupulous adiierence to the dictates of justice, in all our foreign intercourse, that, though steadily and rapidly advancing in prosperity and power, we have given no just cause of complaint to any nation, and have enjoyed the blessings of peace for more than thirty years. From a policy so sacred to humanity, and so salutary in its effects upon our political system, we should never be induced voluntarily to depart. The existing war witli Mexico was neither desired nor provoked by the United States. On the contraiy, all honorable means were resorted to to avert it. After y^ars of endurance of aggravated and unredressed wrongs on our part, Mexico, in violation of solemn treaty stipulations, and of every principle of justice recognized by civilized nations, com- menced hostilities; and thus, by her own act, forced the war upon us. Long before the advance of our army to the left bank of the Rio Grande, we had ample cause of war against Mexico; and had the United States resorted to this extremity, we might iiave appealed to the whole civilized world for the justice of our cause. I deem it to be my duty to present to you. on the present occasion, a condensed review of the injuries we had sustained, of the causes which led to the war, and of its progress since its commencement. This is rendered the more necessary because of the misappreliensions which have to some extent prevailed, as to its origin and true character. The war has been represented as unjust and unnecessary, and as one of aggression on our part upon a weak and injured enemy. Such errone- ous vievvs, though entertained by but few, have been widely and ex- tensively circulated, not only at home, but have been spread throughout Mexico and the whole world. A more effectual means could not have been devised to encourage the enemy and protract the war' than to advocate and adhere to their cause, and thus give them '-aid and comfort." It is a source of national pride and exultation, that the great body of our people have thrown no such obstacles in the way of the government in prosecuting the war successfully, but have shown themselves to be eminently patriotic, and ready to vindicate their country's honor and interest at any sacrifice. The alacrity and promptness with which our volunteer forces rushed to the field on tlieir country's call, prove not only their patriotism, but their deep conviction that our cause is just. The wrongs which we have suffered t'rom Mexico almost ever since she became an independent power, and the patient endurance with which we have borne them, are without a parallel in the history of 358 SECOND ANNUAL MESSAGE. /nodern civilized nations. There is reason to believe that, if these wrongs had been resented and resisted in the first instance, the present war mi£fht have been avoided. One outrage, however, permitted to pass with impunity, almost necessarily encouraged the perpetration of another, until at last Mexico seemed to attribute to weakness and inde- cision, on our part, a forbearance which was the ofTspring of magna- nimity, and of a sincere desire to preserve friendly relations with a sister republic. Scarcely had Mexico achieved her independence, which the United States were the first among the nations to acknowledge, when she com- menced the system of insult and spoliation, which she has ever since pursued. Our citizens engaged in lawful commerce were imprisoned, their vessels seized, and our flag insulted in her ports. If money was wanted, the lawless seizure and confiscation of our merchant vessels and their cargoes was a ready resource ; and if, to accomplish their })urposes, it became necessary to imprison the owners, captains, and crew, it was done. Rulers superseded rulers in Mexico in rapid suc- cession, but still there was no change in this system of depredation. The Government of the United States made repeateil reclamations on behalf of its citizens, but these were answered by the perpetration of new outrages. Promises of redress made by Mexico in the most solemn forms were postponed or evaded. The files and records of the Depart- ment of State contain conclusive proofs of numerous lawless acts perpetrated upon the property and persons of our citizens by Mexico, and of wanton insult to our national flag. The interposition of our Government to obtain redress was again and again invoked under cir- cumstances which no nation ouirht to disregard. It was hoped that these outrages would cease, and that Mexico would be restrained by the laws which regulate the conduct of civil- ized nations in their intercourse with each other after the treaty of amity, commerce, and navigation, of the 5th of April, 1831, was con- cluded between two republics; but this hope soon proved to be vain. Tlie course of seizure and confiscation of the property of our citizens, the violation of their persons, and the insults to our flag, pursued by Mexico previous to that time, were scarcely suspended for even a brief period, although the treaty so clearly defines tiie rights and duties of the respective parties, that it is impossible to misunderstand or mistake them. In less than seven years after the conclusion of that treaty our grievances had become so intolerable, that, in the opinion of President / Jackson, they should no longer be endured. In his Message to Con- gress in February, 1837, he presented them to the consideration of that body, and declared that " The length of time since some of the injuries had been committed, the repeated and unavailing application? SECOND ANNUAL MESSAGE. 359 for redress, the wanton character of some of the outrages upon the prop- erty and persons of our citizens, upon the officers and flag of the United States, independent of recent insuhs to this government and people by the late extraordinary Mexican Minister, v/ould justify, in the eyes of all nations, immediate war." In a spirit of kindness and for- bearance, however, he recommended reprisals as a milder mode of redress. Ho declared that war should not be used as a remedy "by just and generous nations, confiding in their strength, for injuries com- mitted, if it can be honorably avoided ;" and added, "It has occurred to me that, considering the present embarrassed condition of that coun- try, we should act with both wisdom and moderation, by givintr to Mexico one more opportu.nity to atone for the past, before we take redress into our own hands. To avoid all misconception on the part of Mexico, as we!! as to protect our own national character from rej)roach, this opportunity should be given, witti the avowed design and full preparation to take immediate satisfaction, if it should not be ob- tained on a repetition of the deuiand for it. To tliis end, I recommend that an act be passed authorizing reprisals, and the use of the naval force of the United States, by the Executive, against Mexico, to enforce them in the event of a refusal by the Mexican Government to come to an amicable adjustment of tlie matters in controversy between us, upon another demand thereof made from on ])oard one of our vessels of war upon the coast of Mexico." Committees of botli Houses of Congress, to which tliis Messao-e of chis President was referred, fully sustained his views of the character of the wrongs which we liad suffered from Mexico, and recommended that another demand for redress should be made before authorizino- v.-ar or reprisals. The Committee on Foreign Relations of the Senate, in their report, say: "After suc^- a demand, should prompt justice be refused by the Mexican Government, we may appeal to all nations, not only for the equity and moderation with which we shall have acted toward a sister republic, but for the necessity which will then compel us to seek redress for*our wrongs, either by actual war or by reprisals. The subject will then be presented before Congress, at the commencement -of the next session, in a clear and distinct tbrm ; and the Committee cannot doubt but that such measures wil! be immediately adopted a« may be necessary to vindicate the honor of the country, and insure ample reparation to our injured citizens." The Committee on Foreign Affairs of the House of Representatives made a similar recommendation. In their report, they say that " they fully concur with the President, that ample cause exists for taking redress into our own hands, and beheve that we should be justified in the opinion of other nations for taking such a step. But they are will- 360 SECOND ANNUAL MESSAGE. ing to try the experiment of another demand, made in the most solemn form, upon tlie justice of the Mexican Government, before any fur- ther proceedings are adopted." No difference of opinion upon the subject is believed to have existed .in Congress at that time; the Executive and Legislative departments concurred ; and yet such has been our forbearance, and desire to pre- serve peace with Mexico,' that the wrongs of which we then complained, and which gave rise to these solemn proceedings, not only remained unredressed to this day, but additional causes of complaint, of an aggravated character, have ever since been accumulating. Shortly after these proceedings, a special messenger was despatched to Mexico, to make a final demand for redress ; and on the twentieth of July, 1837, the demand was made. The reply of the Mexican Govern- ment bears date on the twenty-ninth of the same month, and contains assurances of the '■ anxious wish" of the Mexican Government " not to delay the moment of that final and equitable adjustment, which is to terminate the existing difficulties between the two governments;" that "nothing should be left undone, which may contribute to the most speedy and equitable determination of the subjects which have so seriously engaged the attention of the American Government ;" that the 'Mexican Government would adopt, as the only guides for its con- duct, the plainest principles of public right, the sacred obligations im- posed by international law. and the religious faith of treaties ;" and that '■whatever reason and justice may dictate respecting each case will be done." The assurance was further given, that the decision of the Mexican Government upon each cause oi' complaint, for which redress had been demanded, should be communicated to the Government of the United States by the Mexican Minister at Washington. These solemn assurances, in answer to our ^mand for redress, were disregarded. By making them, however, Mexico obtained further delay. President Van Buren, in his annual Message to Congress, of the 5th of December, 1837, states, that '• although the larger number" of our demands tor redress, and "many of them aggravated cases of personal wrongs, have been now for j'ears before the Mexican Go.vern- ment, and some of the causes of national complaint, and those of the^ most offensive character, admitted of immediate, simple, and satisfac- tory replies, it is only within a few days past that any specific com- munication in answer to our last demand, made five months ago, has been received from the Mexican Minister;" and that '' for not one of our public complaints has satisfaction been given or offered ; that but one of the cases of personal wrong, has been favorably considered, and that but four cases of both descriptions, out of all those formally pre- sented, and earnestly pressed, have as yet been decided upon by the SECOND ANNUAL MESSAGE. 361 Mexican Government." President "Van Buren, believirlg that it would be vain to make any further attempt to obtain redress, by the ordinary means within the power of the Executive, communicated this opinion to Congress, in the Message referred to, in which he said : " On a care- ful and deliberate examination of the contents," (of the correspondence with the Mexican Government.) " and considering the spirit manifested by the Mexican Government, it has become my painful duty to return the subject as it now stands, to Congress, to whom it belongs to decide upon the time, the mode, and the measure of redress." Had the United ■States at that time adopted compulsory measures, and taken redress into their own hands, all our difficulties with Mexico would probably have been long since adjusted, and the existing war have been averted. Magnanimity and moderation on our part only had the effect to complicate these difficulties, and render an amicable settlement of them more embarrassing. That such measures of redress, under similar provocations, committed by any of the powerful nations of Europe, would have been promptl}^ resorted to l)y the United States, cannot be doubted. The national honor, and the preservation of the national character throughout the world, as well as our own self-respect, and the protection due to our own citizens, would have rendered such a resort indispensable. The history of no civilized nation in modern times has presented within so brief a period so many wanton attacks upon the honor of its flag, and upon the property and persons of its citizens, as had at that time been borne by the United States from the Mexican authorities and people. But Mexico was a sister republic, on the North American continent, occupying a territory contiguous to our own,-*ind was in a feeble and distracted condition ; and these Con- siderations, it is presumed, induced Congress to forbear still longer. Instead of taking redress into our own hands, a new negotiation was entered upon, with fair promises on the part of Mexico, but with the real purpose, as the event has proved, of indefinitely postponing the reparation which we demanded, and which was so justly due. This negotiation, after more than a year's delay, resulted in the Convention of the eleventh of April, 1839, " for the adjustment of claims of citizens of the United States of America upon the Government of the Mexican Republic." The joint board of Commissioners created by this Conven- tion, to examine and decide upon these claims, was not organized until the month of August, 1840, and under the terms of the Convention they were to terminate their duties within eighteen months from that time. Four of the eighteen months were consumed in prehminary discussions on frivolous and dilatory points raised by the Mexican Commissioners ; and it was not until the month of December, 1840, that they com- menced the examination of the claims of our citizens upon Mexico. 16 362 SECOND ANNUAL MESSAGE. Fourteen months only remained to examine and decide upon these numerous and complicated cases. In the month of February, 1842, the term of the commission expired, leaving many claims undisposed of for want of time. The claims which were allowed by the board, and by the umpire authorized by the Convention to decide in case of dis- atrreement between the Mexican and American 'Commissioners, amounted to two millions twenty-six thousand one hundred and thirty- nine dollars and thirty-eight cents. There were pending before the umpire, when the commission expired, additional claims which had been examined and awarded by the American Commissioners, and had not been allowed by the Mexican Commissioners, amounting to nine hundred and twenty-eight thousand six hundred and twenty-seven dollars and eighty-eight cents, upon which he did not decide, alleging that his authority had ceased with the termination of the joint com- mission. Besides these claims, there were others of American citizens, amounting to three million three hundred and thirty-six thousand eight hundred and thirty-seven dollars and five cents, which had been submitted to the board, and upon which they had not time to decide before their final adjournment. The sum of two million twenty-six thousand one hundred and thirty- nine dollars and sixty-eight cents, which had been awarded to the claimants, was a liquidated and ascertained debt due by Mexico, about which there could be rto dispute, and which she was bound to pay according to the terms of the Convention. Soon after the final awards for this amount had been made, the Mexican Government asked for a postponement of the time of making payment, alleging that it would be inconvenient to make the payment at the time stipulated. In the-spirit of forbearing kindness toward a sister republic, which Mexico has so long abused, the United States promptly complied with her request. A second convention was accordingly concluded between the two Governments, on the thirtieth of January, 18-13, which, upon its face, declares that " this new arrangement is entered into for the accom- modation of Mexico." By the terms of this Convention, all the interest due on the awards which had been made in favor of the claim- ants under the convention of the eleventh of April, 1839, was to be paid to them on the thirtieth of April, 1843, and "the principal of the said awards, and the interest accruing thereon," was stipulated to " be paid in five years, in equal instalments every three months." Notwith- standing this new convention was entered into at the request of Mexico, and for the purpose of reheving her from embarrassment, the claimants have only received the interest due on the thirtieth of April, 1843, and three of the twenty instalments. Although the payment of the sum thus liquidated, and confessedly due by Mexico to our citizens as SECOND ANNUAL MESSAGE. 363 indemnity for acknowledged acts of outrage and wrong, was secured by treaty, the obligations of which are ever held sacred by all just nations, yet Mexico has violated this solemn engagement by faihng and refusing to make the payment. The two instalments due in April and July, 1844, under the peculiar circumstances connected with them, have been assumed by the United States and discharged to the claimants, but they are still due by Mexico. But this is not all of which we have just cause of complaint. To provide a remedy for the claimants whose cases were not decided by the joint commission under the convention of April the eleventh, 1839, it was expressly stipulated bj' the sixth article of the Convention of the thirtieth of January, 1843, that " a new convention shall be entered into for the settlement of all claims of the government and citizens of the United States against the republic of Mexico, which were not finally decided by the late commission, which met in the city of Washington, and of all claims of the government and citizens of Mexico against the United States." In conformity wit* this stipulation, a third Convention was concluded and signed at the city of Mexico, on the twentieth of November, 1843, by the plenipotentiaries of the two Governments, by which provision was made for ascertaining and paying these claims. In January, 1844, this convention was ratified by the Senate of the United States with two amendments, which were manifestly reasonable in their character. Upon a reference of the amendments proposed to the Government of Mexico, the same evasions, difficulties, and delays were interposed, which have so long marked the policy of that Government toward the United States. It has not even yet decided whether it would or would not accede to them, although the subject has been repeatedly pressed upon its consideration. Mexico has thus violated a second time the faith of treaties, by failing or refusing to carry into effect the sixth article of the Conven- tion of January, 1843. Such is the history of the wrongs which we have suffered and patiently endured from Mexico, through a long series of years. So far from affording reasonable satisfaction for the injuries and insults we had borne, a great aggravation of them consists in the fact, that while the United States, anxious to preserve a good understanding with Mexico, have been constantly, but vainly, employed in seeking redress for past wrongs, new outrages were constantly occurring, which have continued to increase our causes of complaint, and to swell the amount of our demands. While the citizens of the United States were con- ducting a lawful commerce with Mexico, under the guaranty of a treaty of" amity, commerce, and navigation," many of them have suf- fered all the injuries which would have resulted from open war. This 364 SECOND ANNUAL MESSAGE. treaty, instead of affording protection to our citizens, has been the means of inviting them into the ports of Mexico, that they might be, as they have been in numerous instances, plundered of their property and deprived of their personal liberty, if they dared insist on their rights. Had the unlawful seizures of American property, and the violation of the personal Uberty of our citizens, to say nothing of the insults to ou>' flag which have occurred in the ports of Mexico, taken place on the high seas, they would themselves long since have constituted a state of actuiv war between the two countries. In so long sulTering Mexico to "violate her most solemn treaty obligations, plunder our citizens of their prop- erty, and imprison their persons without affording them any redress, we have failed to perform one of the iirst and highest duties which every government owes to its citizens; and the consequence has been, that many of them have been reduced from a state of affluence to bankruptcy. The proud name of American citizen, which ought to protect all who bear it from insult antl injury throughout the world, has afforded no such protection to our citizens In Mexico. We had ample cause of war against Mexico long before the breaking out of hostilities. But even then we forbore to take redress into our own hands, until Mexico herself became the aggressor, by invading our soil in hostile array, and shedding the blood of our citizens. Such are the grave causes of complaint on the part of the United States against Mexico — causes which existed long before the annexa- tion of Texas to the American Union ; and yet, animated by the love of peace, and a magnanimous moderation, we did not adoj)t those measures of redress which, under such circumstances, are the justified resort of injured nations. The annexation of Texas to the United States constituted no just cause of offence to Mexico. The pretext that it did so is vv'holiy inconsist- ent, and irreconcilable with well-authenticated facts connected with the revolution by which Texas became independent of Mexico. That this may be the more manifest, it may be proper to advert to the causes and to the history of the principal events of that revolution. Texas constituted a portion of the ancient 'province of Louisiana, ceded to the United States by France in the year 1803. In the year 1819, the United States, by the Florida treaty, ceded to Spain all that part of Louisiana within the present limits of Texas ; and Mexico, by the revolution which separated her from Spain, and rendered her an independent nation, succeeded to the rights of the mother country over this territory. In the year 1824, Mexico established a federal consti- tution, under which the Mexican republic was composed of a number of sovereign States, confederated together in a federal union similar to our own. Each of these States had its own executive, legislature, and SECOND ANNUAL MESSAGE. 365 judiciary, and, for all except federal purposes, was as independent of the general government, and that of the other states, as is Pennsyl- vania or Virginia under our constitution. Texas and Coaeuila united and formed one of these Mexican States. The state constitution which they adopted,. and which was approved by the Mexican confederacy, asserted that they were " free and independent of the other Mexican United States, and of every other power and dominion whatsoever;" and proclaimed the great principle of human liberty, that '• the sover- eignty of the State resides originally and essentially in the general mass of the individuals who compose it." To the government under this constitution, as well as to that under the federal constitution, the people of Texas owed allegiance. Emigrants from foreign countries, including the United States, were invited by the colonization laws of the State and of the federal gov- ernment, to settle in Texas. Advantageous terms were offered to induce them to leave their own Vountry and become Mexican citizens. This invitation was accepted by many of our citizens, in the full faith that in their new home they would be governed by laws enacted by representatives elected by themselves, and that their lives, liberty, and property would be protected by constitutional guiwantees similar to tliose which existed in the republic they had left. Under a govern- ment thus organized, they continued until the year 183,3, when a mili- tary revolution broke out in the city of Mexico, which entirely sub- verted the federal and state constitutions, and placed a military dic- tator at the-head of the government. By a sweeping decree of a Congress subservient to the will of the dictator, the several state constitutions were abolished, and the States themselves converted into mere departments of the Central Government. The people of Texas were unwilling to submit to this usurpation. Resistance to such tyranny became a high duty. Texas was fully ab- solved from all allegiance to the Central Governmeot of Mexico from the moment that government had abolished her state constitution, and in its place substituted an arbitrary and despotic Central Government. Such were the principal causes of the Texan revolution. The people of Texas at once determined upon resistance, and flew to arms. In the midst of these important and exciting events, however, they did not omit to place their liberties upon a secure and permanent Ibundation. They elected members to a convention, who, in the month of Blarch, 1836, issued a formal declaration that their " political connection with the Mexican nation has forever ended, and that the people of Texas do now constitute a free, sovereign, and independent kkpublic, and are fully invested with all the rights and attributes which properly belong to independent nations." They also adopted for their government a 366 SECOND ANNUAL MESSAGE. I-iberal republican constitution. About the same time, Santa Anna, then the dictator of Mexico, invaded Texas with a numerous army, for the purpose of subduing the people, and enforcinir obedience to his arbitrary and despotic government. On the twenty-first of April, 183G, he was met by the Texan citizen soldiers, and on that day was achieved by them the memorable victory of San Jacinto, by which they con- quered their independence. Considering the numbers engaged on the respective sides, history does not record a more brilliant achievement. Santa Anna himself was among the captives. In the month of May, 1836, Santa Anna acknowledged, by a treaty with the Texan authorities, in tlte most solemn form, " the full, entire, and perfect independence of the republic of Texas." It is true he was then a prisoner of war, but it is equally true that he had failed to re- conquer Texas, and had met with signal defeat; that his authority had not been revoked, and that by virtue of this treaty he obtained hispersonal release. -By it hostilities \vere suspended, and the army which had invaded Texas under his command returned in pursuance of this 'arrangement, unmolested, to Mexico. From the day that' the battle of San Jacinto was fought until the present hour, Bleicico has never possessed the power to reconqu-er Texas. In the language of the Secretary of State of the United States, in a despatch to our minister in Mexico, under date of the eighth of July, 1842, ' Mexico may have chosen to consider, and may still choose to consider Texas as having been at all times since 1835, and as still continuing, a rebellious province ; but the world has been obliged to take a very different view of the matter. Prom the time of the battle of San Jacinto, in April, 183G, to the present moment, Texas has exhibited the same external signs of national independence as Mexico herself, and with quite as much stability of government. Prac- tically free and independent, acknowledged as a political sovereignty by the principal powers of the world, no hostile foot finding rest within her territory for six or seven years, and Mexico herself refraining for all that period from any further attempt to re-establish her own author- ity over that territory, it cannot but be surprising to find Mr. de Boca- ncgra" (the Secretary of Ppreign Affairs of Mexico) " complaining that for that whole period citizens of the United States, or its Govern- ment, have been favoring the rebels of Texas, and supplying them with vessels, ammunition, and money, as if the war for the reduction of the province of Taxas had been constantly prosecuted by Mexico, and her success prevented by these influences from abroad." In the same despatch the Secretary of State affirms that " since 1837 the United States have regarded Texas as an independent sovereignty, as much as Mexico ; and that trade and commerce with citizens of a govern- SECOND ANNUAL MESSAGE. 367 ment at war with Mexico cannot, on that account, be regarded as an intercourse by which assistance and succor are given to Mexican rebels. The whole current of Mr. de Bocanegra's remarks runs in the same direction, as if the independence of Texas had not been acknowledged. It has been acknowledged — it was acknowledged in 1837, against the remonstrance and protest of Mexico ; and most of the acts, of any importance, of which Mr. de Bocanegra com- plains, flow necessarily from that recognition. He speaks of Texas as still being ' an integral part of the territory of the Mexican republic:' but he cannot but understand that the United States do not so regard it. The real complaint of Mexico, therefore, is, in substance, neither more nor less than a complaint against the recognition of Texan inde- pendence. It may be thought rather late to repeat that complaint, and not quite just to confine it to the United States, to the exemption of England, France, and Belgium, unless the United States, having been the first to acknowledge the independence of Mexico herself, are to be blamed for setting an example tor the recognition of that of Texas." And he added, that 'the constitution, public treaties, and the laws oblige the President to regard Texas as an independent State, and its territory as no part of the territdry of Mexico.' Texas had oeen an independent State, with an organized government, defying the power of Mexico to overthrow or reconquer her, lor more than ten years before Mexico commenced the present war against the United States. Texas had given such evidence to the world of her ability to maintain her separate exi.stence as an independent nation, that she had been formally recognized as such, not only by the United States but by several of the principal powers of Europe. These powers had entered into treaties of amity, commerce, and navigation with her. They had received and accredited her ministers and other diplomatic agents at their respective courts, and they had commissioned ministers and diplomatic agents on their part to the government of Texas. If Mexico, notwith.standing all this, and her utter inability to subdue or reconquer Texas, still stubbornly refused to recognize her as an inde- pendent nation, she was none the less so on that account. Mexico herself had been recognized as an indep(^ndent nation by the United States, and by other powers, many years before Spain, of which, be- fore her revolution, she had been a colony, would agree to recognize - her as such, and yet Mexico was at that time, in the estimation of the civilized world, and in fact, none the less an independent power, be-' cause Spain still claimed her as a colony. If Spain had continued until the present period to iissert that Mexico was one of her colonies, in rebelhon against her. this would not have made her so, or changed the fact of her independent existence. Texas, at the period of her an-* 368 SECOND ANNUAL MESSAGE, nexation to the United States, bore the same relation to Mexico that Mexico had borne to Spain for many years before Spain acknowledged her independence, with this important difference— that, before the an- nexation of Texas to the United States was consummated. Mexico her- self, by a formal act of her government, had acknowledged the inde- pendence of Texas as a nation. It is true, that in the act of recogni- ' tion she prescribed a condition, which she had no power or authority to impose, that Texas should not annex herself to any other power: but this could not detract in any degree from the recognition which Mexico then made of her actual independence. Upon this plain state- ment of facts, it is absurd for Mexico to allege as a pretext for com- mencing hostilities against the United States, that Texas is still a part of her territory. But there are those who, conceding all tliis to be true, assume the ground that the true western boundary of Texas is the Nueces^ instead of the Rio Grande; and that, therefore, in marching our army to the east bank of the latter river, we passed the Texan line, and invaded the territory of Jlexico. A simple statement of facts, known to exist, will conclusively reiute such an assumption. Texas, as ceded to the United States by France, in '1803, has been always claimed as extend- ing west to the Kio Grande, or Rio Bravo. This tact is established by the authority of our most eminent statesmen at a period when the question was as well if not better understood than it is at present. During Mr. Jefferson's administration Messrs. Monroe and Pinckney, who had been sent on a special mission to Madrid, charged, among other things, with the adjustment of lioundary between the two coun- tries, in a note addressed to the Spanish Minister of Foreign Affairs, under date of the twenty-eighth of January, 1805, assert that the boundaries of Louisiana, as ceded to the United States by France, "are the river Perdido on the east, and the river Bravo on the west;" and they add, that " tiie facts and principles which justify this conclu- sion are so satisfactory to our Government as to convince it tbat the United States have not a better right to the island of New Orleans, under the cession referred to. than they have to the whole district of territory which is above descrihed." Down to the conclusion of the Florida treaty in February, 1819, oy which this territory was ceded to Spain, tiie United States assertet' and maintained their territorial rights to tliis e.xtent In the month of June, 1818, during Mr. Monroe's administrMtitm information havinir been received that a number of foreign adventurers had liinded at Gal- veston, with the avowed purpose of forming a setlli-ment in that vicinity, a special messenger was despatched by the Government of the United States, with instructions from the Secretary of State to warn them to SKCOND ANNUAL MESSAGE. 369 desist, should they be found there '^or any other place north of the Rio Bravo, and within the territory claimed bvthe United States." He was instructed, should they be found in the country north of that river, to make known to them '• the surprise with which the President has seen possession thus taken, without authority from the United States of a place within their territorial limits, and upon which no lawful settlement can be made without their sanction." He was instructed to call upon them to " avow under what national authority they pro- .tcss to act," and to give them due warning v^hat the place is within the United States, who will suffer no permanent settlement to be made there, under any authority other than their own." As late as the eighth of July, 1842, the Secretary of State of the United States, in a note addressed to our minister in Mexico, maintains that, by the Florida treaty of 1811), the territory as far west as the Rio Grande was con- firmed to Spain. In that note he states that, " by the treaty of the twenty-second of February, ISI'J, between the United States and Spain, the Sabine was adopted as the line of boundary between the two powers.. Up to that period, no considcrabin colonization had been effected in Texas; but the territory between uie Sabine and the Rio Grande being confirmed to Spain by t!.u treaty, applications were made to that power for grants of land, and such grants, or permissions of settlement, were in fact made by the Spanish authorities in favor of citizens of t;,c Unit^.l Sutes proposing to emigrate to Texas in numer- ous faniil.cs, beforo the declaration of independence by Mexico." The Texiis which was ceded to Spain by the Florida treaty of 1819 embraced all the country now claimed by the State of Texas between the Nueces and the Rio. Grande. The republic of Texas always claimed this river as her western boundary, and in her treaty made with Santa Anna, in May, 1836, he recognized it as such. By the Constitution which Texas adopted in March, 183G, senatorial and representative districts were organized extending west of the Nueces.. The Congress of Texas, on the nineteenth of D'ecember, 1836, passed an "Act to define the boundaries of the Republic of Texas," in wjiich they declared the Rio Grande from its mouth to its source to be their boundary, and by the said act they extended their - civil and political jurisdiction" over the country up to that boundary. During a period of more than nine years, which intervened between the adoption of her Constitution and her .annexation as one of the States of our Union, Texas asserted and exercised many acts of sovereignty and jurisdiction over the territory and inhabitants west of the Nueces. She organized and defined the limits of counties extending to the Rio Grande" She established courts of justice, and extended her judicial system over the territory. She established a custom-house, and collected duties and . 16* 370 SECOXD ANNUAL MESSAGE. also post-offices and post- roads in it. She established a land office, and issued numerous grants for land wiihin its limits. A Senator and Representative residing in it were elected to the Congress of the repub- lic, and served as such before the act of annexation took place. In both the Congress and Convention of Texas, which gave their assent to the terms of annexation to the United States, proposed by our Con- gress, were representatives residing west of the Nueces, who took pari in the act of annexation itself. This was the Texas which, by the act of our Congress of the tVTcnty-ninth 6f December, 1845, was admitted as one of the States of our Union. That the Congress of the United States understood the State of Texas which they admitted into the Union to extend beyond the Nueces is apparent from the fact, that on the thirty-first day of December, 1845, only two days after the act of admission, they passed a law "to establish a collection district in the State of Texas," l)y which they created a port of dehvery at Corpus Christi, situated west of the Nueces, and being the same point at which the Texas custom-house, under the laws of that republic, had been located, and directed that a surveyor to collect the revenue should be appointed for that port by the President, by and withthe advice and consent of the Senate. A surveyor was accordingly nominated, and confirmed by the Senate, and has been ever since in the performance of his duties. All these acts of the republic of Texas, and of our Con- gress, preceded the orders for the advance of our army to the east bank of the Rio Grande. Subsequently, Congress passed an act " establishing certain post routes," extending west of the Nueces. The country west of that river now constitutes a part of one of the Congression:il districts of Texas, and is represented in the House of Representatives. The Senators from that State were chosen by a legislature in which the country west of that river was represented. In view of all these facts, it is difficult to conceive upon what grounds it can be maintained that, in occupying the country west of the Nueces with our army, with a view solely to its security and defence, we invaded the territory of Mexico. But it would have been still more difficult to justify the Ex- ecutive, whose duty it is to see that the law be faithfully executed, if, in the face of all these proceedings, both of the Congress of Texas and of the United States, he had assumed the responsibility of yielding up tiie territory west of the Nueces to Mexico, or of refusing to protect and defend this territory and its inhabitants, including Corpu.s Christi, as well as the remainder of Texas, against the threatened Mexican invasion. But Mexico herself has never placed the war which she has waged upon the ground that our army occupied the intermediate territory between the Nueces and the Rio Grande. Her refuted pretension, that SECOND ANNUAL MESSAGE. 371 Texas was not an independent State, but a rebellious province, was obstinately persevered in ; and her avowed purpose in commencing a war with the United States was to reconquer Texas, and to restore Mexican authority over the whole territory— not to the Nueces alone, but to. the Sabine. In vie%y of the proclaimed menaces of Mexico to this effect, I deemed it my duty, as a measure of precaution and defence, to order our army to occupy a position on our frontier as a military post, from which our troops could best resist and repel any attempted invasion which Mexico might make. Our army had occupied a position at Corpus Christi, west of the Nueces, as early as August, 1815, without complaint from any quarter. Had the Nueces been regarded as the true western "boundary of Texas, that boundary had been passed by our army many months before it ad- vanced to the eastern bank of the Rio Grande. In my annual Mes- sage of December last, I informed Congress that, upon the invitation of both the Congress and Convention of Texas, I had deemed it proper to order a strong squadron to the coast of Mexico, and to concentrate an efficient military force on the western frontier of Texas, to protect and defend the inhabitants against tlie menaced invasion of Mexico. In that Message I informed Congress that the moment the terras of annexation offered by the United States were accepted by Texas, the latter became so far a part of our own country as to make it our duty to afford such protection and defence; and that for that purpose our squadron had been ordered to the Gulf, and our army to " take a posi- tion between the Nueces and the Del Norte," or Rio Grande, and "to repel any invasion of the Texan territory which might be attempted by the Mexican forces." It was deemed proper to issue this order, because soon after the iresident of Texas, in April, 1845, had issued his proclamation con- vening the Congress of that Republic, for the purpose of submitting to that body the terms of annexation proposed by the United States, ihe Government of Mexico made serious threats of invading the Texan territory. These threats became more imposing as it became more apparent, in the progress of the question, that the people of Texas would decide in favor of accepting the terms of annexation ; and, finally, they had as- sumed such a formidable character, as induced both the Congress and Convention of Texas to request that a military force should be sent by the United States into her territory, for the purpose of protection and defending her against the threatened invasion. It would have been a violation of good faith toward the people of Texas to have refused to afford the aid which they desired against a threatened invasion, to which they had been exposed by their free determination to annex 372 SECOND ANNUAL MESSAGE. themselves to our Union, in compliance with the overture made to them by the joint resolution of our Congress. Accordingly, a portion of the army was ordered to advance into Texas. Corpus Christi was the position selected by General Taylor. He encamped at that place in August, 1845, and the army remained in that position until the 11th of March, 1846, when it moved westward, and on the 28th of that month, reached the east bank of the Rio Grande, opposite to Matamoras. This movement was made in pursu- ance of orders from the War Department, issued on the L3th of Janu- ary, 184G. Before these orders were issued, the despatch of our Minister in Mexicc^, transmitting the decision of the Council of Gov- ernment of Mexico, advising that he should not be received, and also the despatch of our consul residing in the city of Mexico — the former bearing date on the 17th, and the latter on the- 18th of December, 1815, .copies of both of which accompanied my Message to Congress of the 11th of May last— were received at the Department of State. These communications rendered it highly probable, if not absolutely certain, that our Minister would not be received by the Government of General Herrera. It was also well known that but little hope could be enter- tained of a difl'erent result from General Paredes, in case the revolu- tionary movement which he was prosecuting should prove successful, as was highly prol)able. The partisans of Paredes, as our Minister, in the despatch referred to, states, breathed the fiercest hostihty against the United Stateg, denounced the proposed negotiation as treason, and openly called upon the troops and the people to put down the Gov- ernment of Herrera by force. The re-conquest of Texas and war witii the United States were openly threatened. These were the circum- stances existing, when it was deemed proper to order the army under the command of General Taylor to advance to the western frontier of Texas, and occupy a position on or near the Rio Grande. The apprehensions of a contemplated Mexican invasion have been since fully justified by the event. The determination of Mexico to rush into hostilities with the United States was al'terward manifested, from the whole tenor of the note of the Mexican Minister of Foreign Affairs to our Minister, bearing date on the 12lh of March, 1846. Paredes had then revolutionized the Government, and his Minister, after referring to the resolution for the annexation of Texas, which had been adopted by our Congress in March, 1845, proceeds to declare that "a fact such as this, or, to speak with greater exactness, so notable an act of usurpation, created an imperious necessity that Mexico, for her own honor, should repel it with proper firmness and dignity. The Su- ■_ preme Government had beforehand declared that it would look upon Buch an act as a casiis belli, and, as a consequence of this declaration, SECOND ANNUAL MESSAGE. 373 nfwotiation was. by its very nature, at an end, and war was tlie only n-'-Durse of the Mexican Government." It appears, also, that on the -Ith of April followintr. General Paredes, throijirh his Minister of War, issued orders to the Mexican general in coniiu'.nd on the Texan frontier, to 'attack" our army "by every means wiiich war permits." To this General Paredes had been pledjrcd to the a'iny and people, of Mexico during the military revolution which had broiijht him into power. On the 18th of April. 1811"), General Paredes :iddresfied a letter to the commander on that frontier, in which he slated to him, 'at the present date, I suppose you at the head of that valiant army, either fighting already, or preparing for tlie opera- tions of a campaign;" and, "supposing you already on the theatre of operationfi, and with all the forces assembled, it is indispensable tliat hostilities be coiiiDicnccd yourself takijig the initiative against th« enemy.' The movement of our army to the Rio Grande was made by the commanding general, under positive orders to abstain from all ag- gressive acts toward Mexico, or Mexican citi/.ens, and to regard the relations between^he two countries as peaceful, unless Mexico should declare war or commit acts of h-ostility indicative of a state of war; and these orders he faith fuRy executed. Whilst occupying his position on the east bank of the Rio Grande within the limits of Texas then re- crnlly admitted as one of the States of our Unson the commanding general of the Mexican forces, who. in pursuance of the orders of his Government, had collected a large army on the opposite shore of the Rio Grande, crossed the river, invaded our territory, and commenced hostilities by attacking our Ibrces. Thus, after all the injuries which we had received and borne from Mexico and after she had insullingJy rejf'cted a Minister sent to her on a niis.sion of peace, and v^hom she had solemnly agreed to receive, she consiammated her long course of outrage against our country by commencing an offensive war, and shedding the blood of our own citizens on our own soil. The United States never attempted to acquire Texas by conquest. On the contrary, at an ear'y period after the people of Texas had achieved their independence, they sought to be annexed to the United States. At a general election in September, 1S35, they decided with great unanimity in favor of "annexation;" and in November follow- ing, the Congress of the Republic authorited the appointment of ai Minister, to bear their request to this Government. The Government, however, having remained neutral between Texas and Mexico during the war between ttlem, and considering it due to the honor of our country, and our fair fame among the nations of the earth, that we 374 SECOND ANNUAL MESSAGE. should not at this early period consent to annexation, nor until ii [hould be manifest to the whole world that the reconquestof Texas by Mexico was impossible, refused to accede to the overtures made by Texas. On the twelfth of April, 1841, and after more than seven years had elapsed since Texas had establislied her independence, a treaty was concluded for the annexation of that republic to the United States, which was rejected by the Senate. Finally, on the first of March, 1815, Congress passed a joint resolution for annexing her to the United States, upon certain preliminary conditions to which her assent was required. The solemnities which characterized the deliberations and conduct of the CJoverninent and people of Texas, on the deeply inter- esting questions presented by these resolutions, are known to the world. The Congress, the Executive, and the people of Texas, in a Conven- tion elected for that purpose, accepted with great unanimity the pro- posed terms of annexation ; and thus consummated, on her part, the great act of restoring to our federal Union a vast territory which had been cedeil to Spain by the Florida treaty, more than a quarter of a century before. After the joint resolution for the annexation of Texas to the United States had been passed by our Congress, the Mexican Minister at Washington addressed a note to the Secretary of State, bearing date on the sixth of March, 1815, protesting against it as •' an act of aggres- sion, the most unjust which can be found recorded in the annals of modern history; namely, that of despoiling a friendly nation, like 3Iexico, of a considerable portion of her territory;" and protesting against the resolution of annexation, as being an act '• whereby the province of Texas, an integral portion of the Mexican territory, is agreed and admitted into the American Union;" and he announced that, as a consequence, his mission to the United States had terminated, and demanded his passports, which were granted. It was upon tho absurd pretext, made by Mexico, (herself indebted for her independ- ence to a successful revolution.) that the republic of Texas still con- tinued to be, notwithstanding all that had passed, a province of Mexico, that this step was taken by the Mexican Minister. Every honorable effort has been used by me to avoid the v/ar which followed, but all have proved vain. All our attempts to preserve peace have been met by insult and resistance on the part "of Mexico. My efforts to this end commenced in the note of the Secretary of State of the 10th of March, 1815, in answer to that of the Mexican Minister. Whilst declining to reopen a discussion which had already been ex- hausted, and proving again what was known to the whole world, that Texas had long since achieved her independence, the Secretary of State expressed the regret of this Government that Mexico should have SRCOND ANNUAL MESSAGE, 375 taken offence at the resolution of annexation passed by Congress, and pave assurance that " our most strenuous efforts shall be devoted to the amicable adjustment of every cause of complaint between the two Governments, and to the cultivation of the kindest and most friendly relations between the sister republics." . That I have acted in the spirit of this assurance, will appear from the events which have since occurred. Notwithstanding Mexico had abruptly terminated all diplomatic intercourse with the United States, and ought, therefore, to have been the first to ask for its resumption, yet, waiving all ceremony, I embraced the earliest favorable opportu- nity "to ascertain from the Mexican Government whether they would receive an envoy from tlie United States intrusted with full power to adjust all the questions in dispute between the two Governments." In September. 184.5, I believed the propitious moment for such an overture had arrived. Texas by the enthusiastic and almo.st unanimous will of her people, had pronounced in favor of annexation. Blexico her- self had agreed to acknowledge the independence of Texas subject to n condition, it is true; which she had no right to impo.se, and no power to enforce. The last lingering hope of Mexico, if she still could havn retained any, that Texas would ever again become one of her prov- inces, must have been abandoned. The consul of the United States at the citv of Mexico was, thprc- fore, instructed by the Secretary of State. on the filleenth of Septem- ber, 1845, to make the inquirv of the Mexican Government. The in- quiry was made, ami on thf. '"iiteentli oi".().-f<)'> r, iSl') the Minister of Foreign Affairs of the Mexi -an Govern m-iit, in a note addressed to our consul, gave a frtvoriihlr- respoiis.; nqmsling, at the same time, tiiat our naval force mig'.it b- with lrivvr» fr^i n Vera Cruz while necro- tiations should be pending. Upon the receipt of this note our naval force was promptly withdrawn from Vera Hruj. A Minister was im- mediately appointed, ami depart.?d (o M''xi.'o. Everyrhing bore a promising aspect for a speedy and peaceful M.ljiistiiient of all our dilTi- culties. At the date of my annu il mes.-j i;re to Cnn^iress, in December la.st, no doubt was entertained but thnt he wouij he received by th( Mexican Government, and t!ie hnp-w.is olirris'n-d that ail cause of misunderstanding between the two (Munlries woiilil be speedily re- moved. In the confident hop- thit sir-h would lu; the result of hi^ mi.ssion, I informed Congress tliat I forbtire at that time to '■ recommend such ulterior measures of reiiress for the wrongs and injuries we had so long borne, as it would h;ive l)eeii priip-u- to make had no such ne- gotiation been instituted." To my surprise and regret, the Mexican Government, though solemnly p!eil;rp,! lo ijo g,) upon the arrival of our Minister in Mexico, relbsid to receive and accredit him. When he 376 SECOND ANNUAL MESSAGE. - reached Vera Cruz, on the thirteenth of November, 1815, he faund that the aspect of affairs had undergone an unhappy change. The government of General Herrera, who was at that time President of the repubUc, was tottering to its fall. General Paredes (a military leader) had manifested his determination to overthrow the government of Herrera by a military revolution ; and one of the principal means which he employed to effect his purpose, and render the government of Herrera odious to the army and the people of Mexico, was by loudly condemning its determination to receive a minister of peace from the United States, alleging that it was the intention of Herrera, by a treaty with the United States, to dismember the territory of Mex- ico, by ceding away the department of Texas. The government of Herrera is believed to have been wcl! disposed to a pacific adjustment of existing difficulties; but, probably alarmed for its own security, and in order to ward off the danger of the" revolution led by Paredes. vio- lated its solemn agreement, and refused to receive or accredit our Min- ister; and this, although infor.ned that he had been invested with full power to adjust all questions in dispute between the two Governments. Among thi; frivolous pretexts for this refusal the principal one was that our Minister had not gone upon a special 1 mission, confined to the ques- tion of Texas alone, leaving all the outrages upon our flag and our citizens unredressed. Tiie Mexican Government well knew that both our national honor and the protection di'e to our citizens imperatively required that the two questions of bouna .ry and indemnity should be treated of together, as naturally and i;i.separably blended, and they ought to have seen that this course wms in-st calculated to enable the United States to extend to them the most lil)eral justice. On the thirtieth of DecP!)ib.-r 1815 General Henera resigned the presidency, and yielded up the Government to General Paredes without a struggle. Thus a revolution was accomplished .solely by the army commanded by Paredes. and the supreme power in Mexico passed into the hands of a military usurper, who was known to be bitterly hostile to the United States. .Altbongli the prospect of a pieitlc adjustment with the new Govern- ment was unpro:iiisin-i fn' ;, the known hostility of its head to the United States yet. determined that nothing should be left undone on our part to restore friendly relations between the two countries our Minister was instructed to present his credentials to the new Govern- ment and ask to be accredited by it in the diplomatic character in which he had been commissioned. These instructions lie executed by his note of the first of March. 184o. ad. ire -^--d to the Mexican :\Iiiiister of ForeiL'n Affairs but his request was iirsulliuirly refused tiy thai Minister in his an.^vver of t!je twelfth of the sau)e montli. No alterna- SECOND ANNUAL MESSAGE. 377 tive remained for our Minister but to demand his passports, and return to the United States. Thus was the extraordinary spectarle presented to the civilized world, of a Government, in violation of its own express agreement, havinir twice rejected a minister of peace, invested with Cull powers to adjust all the existing dilTerences between the two countries in a manner just and honorable to both. I am not aware that modern history presents a parallel case, in which, in timeof peace, one nation has refused even to hear propositions from another lor terminating existing difficulties between them. Scarcely a hope of adjusting our diffieulties, even at ft remote day. or of preserving peace with Mexico, could be cherished while Paredes remained at the head of the Government. He had ac- quired the supreme power by a military revolution, and upon the most solemn pledges to wage war against the United States, and to recon- quer Texas, which he claimed as a revolted province of Mexico. He Had denounced as guilty of treason, all those Mexicans who considered Texas as no longer constituting a part of the territory of Mexico, and who were friendly to the cause of peace. The duration of the war which he waged against the United States was indefinite, because the end which he proposed, of the rcconqucst of Texas, was hopeless. Besides, there was good reason to believe, from all his conduct, that it WPS his intention lo convert the reptildic of Mexico into a monarchy, and to call a foreign European prince to the throne. Preparatory to this end, he had, during his short rule, destroyed the liberty of the press, tolerating that portion of it only which openly advocated the establishment of a monarchy. The better to secure the success of his ultimate designs, he had, by an arbitrary decree, convoked a Congress —not to be elected by the free voice of the people, but to be chosen in a manner to make them subservient to his will, and to give him abso- lute control over their deliberations. Under all these circumstances, it was believed that any revolution in Mexico, founded upon opposition to the ambit^us projects of Paredes, would tend to promote the cause of peace as well as to prevent and at- tempted European interference in the affairs of the North American continent— both objects of deep interest to the United States. Any such foreign interference, if attempted, must have been resisted by the. United States. My views upon that subject were fully communicated to CongFess in my last annual message. In any event, it was certain that no change whatever in the Government of Mexico which would deprive Paredes of power could be for the worse, so far as the United States were concerned, while it was highly probable that any change must be for the' better. This was the state of affairs existing when Congress on the thirteenth of May last, recognized the existence of the 378 SECOND ANNUAL MESSAGE. war which had been commenced by the government of Parcdcs, anJ it became an object of much importance, with a view to a speedy set- tlement of our difficulties and the restoration of an honorable peace, that Paredes should not retain power in Mexico. Before that time there were symptoms of a revolution in Mexico, favored, as it was understood to be, by the more liberal party, and especially by those who were opposed to foreign interference and to the monarchical form of government. Santa Anna was then in exile in Havana, having been expelled from power and banished from his country by a revolution which occurred in December, 1841 ; but it was known that he had still a considerable party in his favor in Mexico. It was also equally well known that no vigilance which could be ex- erted by our squadron would, in all probability, have prevented him from efi'ecting a landing somewhere on the extensive gulf coast of Mexico, if he desired to return to his country. He had openly pro-, fessed an entire change of policy ; had expressed his regret that he had subverted the federal constitution of 1824, and avowed that he was now in favor of its restoration. He had publicly declared his hos- tility, in the strongest terms, to the establishment of a monarchy, and to European interference in the affairs of his country. Information to this effect had been received, from sources believed to be reliable, at the date of the reroirnition of the existence of the wnr by Congress, and was afterwards fully confirmed by the receipt of the despatch of our consul in the city of IMexico, with the accompanying documents, which are herewith transmitted. Besides, it was reasonable to suppose that he mu.st see the ruinous consequences to Mexico of a war with the United States, and that it would be his interest to favor peace. It was under these circumstances and upon these considerations that it was deemed expedient not to obstruct his return to Mexico, should he attempt to do so. Our object was the restoration of peace, and with that view, no reason was perceived why we should take part with Pa- redes, and aid him, by means of our blockade, in preventing the return of his rival to Mexico. On the contrary, it was believed that the intes- tine divisions which ordinary sagacity could not but anticipate as the fruit of Santa Anna's return to Mexico, and his contest with Paredes, might strongly tend to produce a disposition with both parties to restore and preserve peace with the United States. Paredes was a soldier by profession, and a monarchist in principle. He had but recently before been successful in a military revolution, by which he had obtained power. He was the sworn enemy of the United States, with which he had involved his country in the existing war. Santa Anna had been expelled from power by the army, was known to be in open hostility to SKCONU AXXUAL MESSAGE. 379 Paredes, anil publicly pledged against foreign intervention, and the restoration of monarchy in Mexico. In view of these facts and cir- cumstances it was, that, vvhen orders were issued to t!ie commander of our naval forces in the Gulf on tlie fifteenth day of May last, only two days after the existence of tlie war had been recognized by Congress, to place the coasts' of Mexico under b'ockade, he was directed not to obstruct the passage of Santa Anna to Mexico, should he attempt to return. A revolution took place in Mexico in the early part of August fol- lowing by which the power of Paredes was overthrown, and he has since been banished from the country, and is now in exile. Shortly afterwards Santa Anna returned. It remains to be seen whether his return may not j'et prove to be favorable to a pacific adjustment of the existing difficulties, it being manifestly his interest not to persevere in the prosecution of a war commenced by Paredes, to accomplish a pur- pose so absurd as the reconquest of Texa.s to the Sabine. Had Pa- redes remained in power, it is morally certain that any pacific adjust- ment would nave been hopeless. Upon the commencement of hostilities by Mexico against the United States, the indignant spirit of the nation was at once roused. Con- gress promptly responded to the expectations of the country, and, by the act of the thirteenth of May last, recognized the fact that war ex- isted, by the act of Mexico, between the United States and that repub- lic, and granted the means necessary for its vigorous prosecution. Be- incr involved in a war thus commenced by Mexico, and for the justice of which on our part we may confidently appeal to the whole world, I resolved to prosecute it with the utmost vigor. Accordingly the ports of Mexico on the Gulf and on the Pacific have been placed under blockade, and her territory invaded at several important points. The report from the Departments of War, and the Navy, will inform you more in detail of the measures adopted in the emergency in which our country was placed, and of the gratifying results which have been ac- complished. The various columns of the army have performed their duty under great disadvantages, with the most distmguished skill and courage. The victories of Palo Alto, and Resaca de la Palma, and of Monterey, won against greatly superior numbers, and against most decided ad- vantages in other respegts on the part of the enemy, were brilhant in their execution, and entitle our brave officers and soldiers to the grate- ful thanks of their country. The nation deplores the loss of the brave officers and men who have gallantly fallen while vindicating and de- fending their country's rights and honor. It is a subject of pride and satisfaction that our volunteer citizen 380 SECOND ANNUAL MESSAGE. soldiers, who so promptly responded to their country's call, with an ex- perience of the discipline of a camp of only a few weeks, have borne their part in the hard-fought battle of Monterey with a constancy and courage equal to that of veteran troops, and worthy of the highest ad- miration. The privations of long marches through the enemy's coun- try, and through a wilderness, have been borne without a murmur. Bv rapid movements the province of New Mexico, with Santa Fe, its capital, has been captured without bloodshed. The navy has co-oper- at!.d with the army, and rendered important services; if not so brilliant, it is because the enemy had no force to meet them on their own ele- ment, and because of the defences which nature has interposed in the diiriculties of the navigation on the Mexican coast. Our squadron in the Pacific, with the co-operation of a gallant officer of the army, and a small force hastily collected in that